HomeMy WebLinkAbout2016 Code of Ordinances - Complete ORDINANCE 100 ORDINANCE ADOPTING CODE AND REPEALING PRIOR
ORDINANCES........................................................................................................... 100-1
Section 100.01: CODE ADOPTED ............................................................................ 100-1
Section 100.02: TITLES............................................................................................. 100-1
Section 100.03: REPEAL OF EXISTING ORDINANCES......................................... 100-1
Section 100.04: COPIES ............................................................................................ 100-1
Section 100.05: EVIDENCE OF LAW....................................................................... 100-2
Section 100.05: EFFECTIVE DATE.......................................................................... 100-2
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CHAPTER I—GENERAL PROVISIONS
ORDINANCE 100 ORDINANCE ADOPTING CODE AND REPEALING PRIOR
ORDINANCES
Section 100.01: CODE ADOPTED. The general ordinances of the city as amended,
restated, revised, updated, codified, and compiled in book form, including penalties for the
violations of various provisions thereof, are adopted and shall constitute the Code of Ordinances
of the City of St. Joseph. This Code of Ordinances also adopts, by reference, certain statutes and
administrative rules of the State of Minnesota as named in the Code of Ordinances.
Section 100.02: TITLES. The Code of Ordinances as adopted in Section 1 shall consist of
the following titles:
Chapter 1: General Provisions
Chapter 2: Operation, Administration & Organization
Chapter 3: Public Property & Improvements
Chapter 4: Water & Sewer
Chapter 5: Building, Land Use & Regulations
Chapter 6: General Regulations
Chapter 7: Liquor, Beer & Wine
Chapter 8&9: Traffic & Motor Vehicles
Chapter 10: Nuisances & Offenses
Section 100.03: REPEAL OF EXISTING ORDINANCES. All prior ordinances
pertaining to subjects treated in the Code of Ordinances shall be deemed repealed from and after
the effective date of this ordinance, except as they are included and re-ordained in whole or in
part in the Code of Ordinances;provided this repeal shall not affect any offense committed or
penalty incurred, or any right established prior to the effective date of this ordinance, nor shall
this repeal affect the provisions of ordinances levying taxes; appropriating money; annexing or
detaching territory; establishing franchises; granting special rights to certain persons; authorizing
public improvements; authorizing the issuance of bonds or borrowing of money; authorizing the
purchase or sale of real or personal property; granting or accepting easements, plat or dedication
of land to public use; or vacating or setting the boundaries of streets or other public places; nor
shall this repeal affect any other ordinance of a temporary or special nature or pertaining to
subjects not contained in or covered by the Code of Ordinances. All fees established in prior
ordinances shall remain in effect unless amended in this Code of Ordinances, or until an
ordinance adopting a fee schedule is adopted or amended.
Section 100.04: COPIES. This ordinance adopting the Code of Ordinances shall be a
sufficient publication of any ordinance included in it and not previously published in the city's
official newspaper. The city clerk shall cause a substantial quantity of the Code of Ordinances to
be printed for general distribution to the public at actual cost, and shall furnished copy of the
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Code of Ordinances to the County Law Library or its designated depository. The official copy of
this Code of Ordinances shall be marked and be kept in the office of the city clerk and shall be
named 2016 St. Joseph Code of Ordinances.
Section 100.05: EVIDENCE OF LAW. The Code of Ordinances is declared to be prima
facie evidence of the law of the city and shall be received in evidence as provided by Minnesota
Statutes by the courts of the State of Minnesota.
Section 100.06: EFFECTIVE DATE. This ordinance adopting the Code of Ordinances,
and the Code of Ordinances itself, shall take effect upon publication of this ordinance in the
city's official newspaper.
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ORDINANCE 101 GENERAL PROVISIONS................................................................... 101-1
Section 101.01: CITATION........................................................................................ 101-1
Section 101.02: INTEGRATION OF ORDINANCES INTO CODE .......................... 101-1
Section 101.03: NUMBERING .................................................................................. 101-1
Section 101.04: CITATION........................................................................................ 101-1
Section 101.05: CAPTIONS AND TITLES................................................................ 101-1
Section 101.06: OTHERWISE UNLAWFUL............................................................. 101-2
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ORDINANCE 101 GENERAL PROVISIONS
Section 101.01: CITATION. This codification of the City's ordinances shall be known
as the "St. Joseph City Code" and may be so cited. It may also be cited as the St. Joseph, City
Code, the St. Joseph Code of Ordinances, the St. Joseph Code, City Code, the Code, Code of
Ordinances, or Ordinances of St. Joseph.
Section 101.02: INTEGRATION OF ORDINANCES INTO CODE. The City
Clerk/Administrator or City Attorney shall assign appropriate code numbers and incorporate into
the City Code as of their effective date all new ordinances proposing amendments or additions to
the City Code. Reference or citation to the City Code shall include all amendments and
additions. When the City Clerk/Administrator cooperating with the City Attorney integrates an
ordinance into the City Code, the City Clerk/Administrator or City Attorney may omit from the
ordinance the title, enacting clause, specific numbers, definitions of terms identical to those
obtained in this ordinance, the clause indicating the date of adoption, validating signatures and
dates. In integrating ordinances into the City Code, the City Clerk/Administrator or City
Attorney may correct grammatical, punctuation and spelling errors; change reference numbers to
conform with sections, articles and chapters of the City Code; substitute figures for written
words and visa versa; substitute dates for the words "effective date of this ordinance"; and
perform any other actions to insure a uniform ordinance code without, however, altering the
material meaning of the enacted ordinances.
Section 101.03: NUMBERING. Each section number of this City Code consists of two
component parts separated by a decimal. The first digit of the number refers to the ordinance
number. The digits following the decimal refer to the ordinance section.
Section 101.04: CITATION. Ordinance provisions shall be cited by ordinance number,
section, subdivision and then paragraph number or letter. As an alternative method of citation,
the terms "section", "subdivision" and "paragraph" may be omitted from the citation with a
decimal point substituted in place of the phrase with the section, subdivision and paragraph
numbers set out in descending order. By way of example, the following hypothetical ordinance
may be cited in either of the following ways:
Section 109.02, Subd. 3, para. D; or 109.02.3.D.
Section 101.05: CAPTIONS AND TITLES. Chapters,parts, sections, subdivisions, and
other titles are not part of this Code's subject matter, but are intended for convenience only and
shall not limit, expand or otherwise alter or control the content, wording or interpretation of this
City Code or its provisions.
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Section 101.06: OTHERWISE UNLAWFUL. This City Code shall not authorize any
act or omission the law prohibits.
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ORDINANCE 102 DEFINITIONS .................................................................................... 102-1
Section 102.01: DEFINITIONS.................................................................................. 102-1
Section 102.02: CITY................................................................................................. 102-1
Section 102.03: STATE.............................................................................................. 102-1
Section 102.04: COUNCIL or CITY COUNCIL ........................................................ 102-1
Section 102.05: CLERK or CLERK/ADMINISTRATOR........................................... 102-1
Section 102.06: PERSON........................................................................................... 102-1
Section 102.07: CODE............................................................................................... 102-1
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ORDINANCE 102 DEFINITIONS
Section 102.01: DEFINITIONS. Unless a context clearly indicates otherwise, the
following words or phrases have the meaning given them in this section.
Section 102.02: CITY. The City of St. Joseph.
Section 102.03: STATE. The State of Minnesota.
Section 102.04: COUNCIL or CITY COUNCIL. The City Council for the City of St.
Joseph.
Section 102.05: CLERK or CLERK/ADMINISTRATOR. The City Clerk/Administrator
for the City of St. Joseph.
Section 102.06: PERSON. Any natural individual, firm, partnership, association or
corporation. As applied to partnerships or associations, the term includes partners or members;
as applied to corporations, the term includes the officers, agents or employees.
Section 102.07: CODE. The St. Joseph Code of Ordinances - 2016 Edition.
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ORDINANCE 103 EXISTING RIGHTS AND LIABILITIES ........................................... 103-1
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ORDINANCE 103 EXISTING RIGHTS AND LIABILITIES
The repeal of prior ordinances and adoption of this code are not to be construed to effect
in any manner rights and liabilities existing at the time of repeal and the enactment of this code.
Insofar as provisions of this code are substantially the same as preexisting ordinances, they shall
be considered as continuations thereof and not as new enactments. Any act done, offense
committed, or right accruing, or liability, penalty, forfeiture or punishment incurred or assessed
prior to the effective date of this code is not affected by the enactment of the code.
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ORDINANCE 104 PENALTIES AND FEES .................................................................... 104-1
Section 104.01: PETTY MISDEMEANORS .............................................................. 104-1
Section 104.02: MISDEMEANORS ........................................................................... 104-1
Section 104.03: NO STATED PENALTY .................................................................. 104-1
Section 104.04: PERMIT AND APPLICATION FEES .............................................. 104-1
Section 104.05: ADMINISTRATIVE PENALTIES ................................................... 104-1
Section 104.06: GENERAL REQUIREMENTS FOR CITY APPROVALS………….104-6
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ORDINANCE 104 PENALTIES AND FEES
Section 104.01: PETTY MISDEMEANORS. Whenever an act or omission is declared
by this code to be a petty offense or petty misdemeanor, any person violating the provision, upon
conviction, shall be subject to a fine in the amount as established by Minn. Stat. ' 609.02, for
offenses defined therein as petty misdemeanors, as effective on the date on which the offense
occurred.
Section 104.02: MISDEMEANORS. Whenever an act or omission is declared by this
code to be a misdemeanor, any person violating that provision shall, upon conviction, be subject
to a fine and/or imprisonment in amounts not to exceed the penalties for offenses defined as
misdemeanors by Minn. Stat. ' 609.02, as effective on the date on which the offense occurred.
Section 104.03: NO STATED PENALTY. Unless penalty is expressly provided in the
ordinance, the violation of any provision of this code or ordinance contained therein, or any rule
or regulation adopted in pursuance thereof, or any provision of any code adopted in this code by
reference, shall be deemed a misdemeanor and subject to the penalties for a misdemeanor as
provided herein.
Section 104.04: PERMIT AND APPLICATION FEES. Permit, application, connection,
inspection and other types of fees or charges as may be assessed by the City with regard to
licensing and services shall be accumulated and listed in Appendix C to this Code of Ordinance,
subject to change and amendment by the City Council as provided by in the Ordinance
establishing the charge. Appendix C shall be amended by the City Clerk to reflect changes in the
charges or fees approved by the City Council.
Section 104.05: ADMINISTRATIVE PENALTIES.
Subd. 1: Purpose. The City Council determines that there is a need for alternative
methods of enforcing the City Code. While criminal fines and penalties have been the most
frequent mechanism, there are certain negative consequences for the City and the accused. The
delay in the criminal justice system does not ensure prompt resolution, citizens resent being
labeled criminals for violating administrative regulations, the high burden of proof and potential
incarceration are not appropriate for many Code violations, and the criminal process does not
always regard City Code violations as important. As a result, the City Council finds the use of
administrative citations and imposition of civil penalties is a legitimate and necessary alternative
enforcement method, which will be in addition to any other legal remedy that may be pursued for
Code violations.
In order to provide more flexibility in addressing City Code violations on an individual
basis that will be more effective, the City Council finds that an alternative enforcement process is
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necessary. Therefore, to protect the health, safety and welfare of the citizens of St. Joseph, it is
the City Council’s intent to create a process for the use and imposition of administrative civil
penalties that will provide the public and the City of St. Joseph with a more effective method for
addressing City Code violations.
Subd. 2: Administrative Offense. An administrative offense is a violation of any section
of this Code, except traffic violations, when one performs an act prohibited, or fails to act when
the failure is prohibited, and is subject to the penalties set forth in this Code and the City’s
penalty schedule.
Subd. 3: Alternative Methods of Enforcement. A violation of the City Code is a
misdemeanor pursuant to City Code; however, this Section seeks to gain compliance with the
City Code prior to the commencement of any formal civil or criminal court action. The
administrative Civil Penalty proceedings are in addition to any legal or equitable remedy
available to the City for City Code violations. The City may, in its discretion, choose not to
issue an administrative citation and may initiate criminal charges instead.
Subd. 4: City Code Violations. A violation of the following provisions of the City Code,
or successor ordinances, shall be an administrative offense that may be subject to the
administrative hearing process. Ordinance violations area categorized as property violations,
non-property violations or parking violations.
a. Property violations.
1. Building Code
2. Plumbing Code
3. Mechanical Code
4. Electrical Code
5. Public Health and Safety
6. Fire Code
7. Zoning and Subdivision Code
8. Business License and License Regulations
9. Rental Regulations
10. Police Regulations
11. Public Ways and Property
12. Water and Sewer
13. Refuse and Garbage Collection and Disposal
14. Nuisances Affecting Health and Safety
15. Motor Vehicles and Traffic
b. Parking Violations. Parking Violations include any violation in Chapter Five or
Chapter Eight (8) of the City Code of Ordinances. Pursuant to Minnesota Statutes §
169.346, handicap parking violations will be enforced in the same manner as other
parking ordinances and therefore subject to this administrative process.
c. Non Property Violations. Non-Property Violations include all other Code violations
not specifically designated as Property or Parking Violations.
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Subd. 5: Authority to Issue Compliance Letters and Administrative Citations, Property
Violations. The following City employees and agents are authorized to issue compliance letters
and administrative citations for violations of the City Code:
a. Licensed Peace Officers, or Reserve Officer
b. Building Official
c. Zoning Administrator
d. Fire Marshall/Fire Chief
e. Public Works Director
The compliance letter notice shall state the nature, date, and time of the violation, the name of
the official issuing the notice, the amount of the scheduled initial penalty and any applicable
charges. Such notice shall be served upon the violator by regular mail sent to the last known
legal address or by personal service.
If compliance is not achieved by virtue of an order to correct, the official is authorized to issue
and administrative citation. An administrative citation shall be presented in person or by mail to
the person responsible for the violation. The citation shall state the date, time, and nature of the
manner for paying the fine or appealing the citation by requesting a hearing.
Subd. 6: Authority to Issue Compliance Letters and Administrative Citations, Parking
Violations. Upon reasonable belief that a parking violation has occurred, a parking ticket will be
issued pursuant to Chapter Eight of the City Code.
Subd. 7 Authority to Issue Compliance Letters and Administrative Citations, Non
Property Violations. Upon a reasonable belief that a non-property code violation has occurred,
and administrative citation may be issued by a police officer or by an official designated in Subd.
5 of this Section. Service shall be in person or by mail. The citation shall state the date, time
and nature of the offense, the name of the official issuing the citation, the amount of the
scheduled fine, and the manner for paying the fine or appealing the citation by requesting an
administrative hearing.
Subd. 8. Civil Fines. The administrative offenses detailed in Subd. 4-7 may be subject to
a civil fine. The amount of the civil fine may not exceed the amount of the maximum fine
allowed if the ordinance violation had been prosecuted as a misdemeanor. Civil Fines may not
be imposed for ordinance violations that prohibit the same conduct that is classified as a crime of
petty misdemeanor in Minnesota Statutes, Chapters 168, 168A, 169, 169A, 170, 171, and 609.
Subd. 9. Schedule of Civil Fines. The City shall adopt by resolution a schedule of civil
fines for administrative offenses for which a citation has been issued. City officials shall adhere
to this schedule of fines in issuing administrative citations pursuant to this section.
Subd. 10: Payment of Civil Fine; Request for Administrative Hearing. The person
responsible for the violation shall either pay the scheduled civil fine and illustrate compliance if
correction was part of the remedy, or request a hearing within 20 days after issuance of the
administrative citation. During that period, only the City Attorney or an Assistant City Attorney
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has the authority to dismiss the citation and/or waive the scheduled civil fine. Upon payment of
the fine, the right to appeal is waived.
Subd. 11: Fee for Late Payment of Civil Fine.
A. A late payment fee, as established by the City Council, for property and non-property
related violations shall be imposed if the person responsible for the violation fails to
pay the civil fine within the required number of days after issuance of the
administrative citation or fails to timely request the pre-conference hearing and
hearing pursuant to this Article. A late payment fee, including the timeframe for
which payment must be received will be designated by the City Council in Schedule
A of the City Code.
Amended 12/2017
B. If a civil fine is not paid within the time specified and a timely request for a hearing is
not received, the nonpayment of the civil fine shall constitute a personal obligation of
the violator. A personal obligation may be collected by the City by any appropriate
legal means. Unpaid fines that are referred to collections will be assessed a collection
fee in addition to a late fee. The collection fee shall be established by resolution and
included in Schedule A of the City Code. If the fine was imposed for a property-
related violation, the City may assess the applicable property pursuant to the
guidelines of Minnesota Statute 429.
Subd. 12: Pre-conference hearing. After a violator has made a request for an
administrative hearing the matter will be scheduled for a pre-conference hearing. The pre-
conference hearing will be conducted by the City Attorney’s Office. Notice of the date, time and
location of the pre-conference hearing will be mailed to the violator. The Parking Violations
Bureau may provide oral notice of the pre-conference hearing to parking violators. The mediator
shall have the authority to:
a. mediate and enforce a settlement of the dispute;
b. determine whether a violation occurred;
c. reduce, stay, or waive a scheduled fine either unconditionally or upon compliance
with appropriate conditions.
If the dispute is not resolved through the pre-conference hearing then the matter will be
scheduled for an administrative hearing.
Subd. 13: Administrative Hearing Procedures.
A. Scheduling the Hearing. After the receipt of the written notice to contest the citation
as provided, the Hearing Officer shall schedule a hearing before an independent
hearing officer, which will be held within 60 days, unless agreed to in writing by the
parties. The City Attorney shall notify the owner of the date, time and location of
the hearing.
B. Prepayment of Hearing Cost. An administrative hearing fee shall be payable to the
City at the time of the request for hearing. However, in no event will the amount of
the administrative hearing fee exceed the total amount of the civil fine. A request for
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hearing is not valid until the administrative hearing fee is paid. In all cases where
the person requesting an administrative hearing is unable to attend and fails to
request a continuance of the hearing at least 48 hours in advance of the hearing, all
costs incurred by the City attributable to the requested hearing shall be charged to
the requesting party and deducted from any prepayment made. The administrative
hearing fee may be refunded if the administrative hearing officer determines that no
violation occurred. In the event that the hearing officer determines that a violation
occurred, then the administrative hearing fee will be applied toward any civil fine
imposed.
C. Independent Hearing Officer. An independent hearing officer, who may be from the
office of administrative law judges, shall preside over the administrative citation
hearing.
D. Hearing Procedures. At the hearing, the parties shall have the opportunity to present
testimony and question any witnesses, but strict rules of evidence shall apply. The
hearing officer shall tape record the hearing and receive testimony and exhibits and
the full record of the hearing shall be kept. The hearing officer shall receive and
give weight to evidence, including hearsay evidence, which possesses prohibitive
value commonly accepted by reasonable and prudent people in the conduct of their
affairs.
E. Authority of Hearing Officer. The hearing officer shall have the authority to:
1. determine whether a violation occurred;
2. dismiss the administrative citation;
3. impose the schedule fine; or
4. reduce, stay or waive a scheduled fine either unconditionally or upon compliance
with appropriate conditions.
5. waive all or part of the administrative hearing application fee.
F. Imposition of Civil Fine by Hearing Officer. When imposing a fine, the hearing
officer may consider any or all of the following factors, but in no case shall the fine
exceed the maximum allowed by MN Statute 609.
1. the duration of the violation;
2. the frequency or reoccurrence of the violation;
3. the seriousness of the violation;
4. the history of the violation;
5. the violator’s conduct after issuance of the hearing notice;
6. the good faith effort by the violator to comply;
7. the economic impact of the fine on the violator;
8. the impact of the violation upon the community;
9. prior record of city code violations; or
10. any other factors appropriate to a just result.
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G. Fines for Continuing Violations. The hearing officer may exercise discretion to
impose a fine for more than one day of a continuing violation but only upon a finding
that:
1. the violation caused a serious threat of harm to the public health, safety, or welfare,
or;
2. the accused intentionally and unreasonably refused to comply with the code
requirement. The hearing officer’s decision and supporting reasons for continuing
violations must be in writing.
H. Written Report of Hearing Officer. The decision of the hearing officer shall be in
writing and contain findings of fact and conclusions of law. The written report shall
be served on the parties by mail within 20 days of the last date of the hearing.
I. Finality of decision. The decision of the hearing officer shall be final without any
further right of administrative appeal.
Subd. 14. Judicial Review. An aggrieved party may obtain judicial review of the
decision of the hearing officer by petitioning the Minnesota Court of Appeals for a writ of
certiorari pursuant to Minnesota Statute Section 606.01
Subd. 15. Assessment of fine. Any administrative civil penalty that the independent
hearing officer imposes must be paid within 30 calendar days of the hearing officer’s order. If
no date is specified, it must be paid within 30 calendar days. If the administrative civil penalty is
not paid, the city may assess the civil penalty against the owner’s property pursuant to Minnesota
Statutes Chapter 429.
Section 104.06: GENERAL REQURIEMENTS FOR CITY APPROVALS
Subd. 1. Requirements. A license, permit, or other city approval or authorization of any
kind may be granted only to an applicant who:
a. has complied with all relevant statutory and ordinance requirements;
b. has paid all fees, charges, taxes, special assessments and other debts or
obligations that are due from the applicant and payable to the City regarding any
matter; and
c. is in compliance with all ordinance requirements and attached conditions
regarding other City approvals that have been granted to the applicant for any
matter.
Subd. 2. Waiver. The requirements of Section 104.06, Subd. 1a. and b. may be waived
within the discretion of the City Council in the following circumstances:
a. The applicant has provided sufficient safeguards to assure payment of debts or
compliance with City requirements within a reasonable time after the City
approval.
Updated 11/2013
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ORDINANCE 105 SEPARABILITY................................................................................. 105-1
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ORDINANCE 105 SEPARABILITY
If any ordinance or part thereof in the St. Joseph City Code, or hereafter enacted, is held
invalid or suspended, such invalidity or suspension shall not apply to any other part of the
ordinance or any other ordinance unless it is specifically provided otherwise.
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CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 201 ORGANIZATIONS AND PROCEDURES OF THE CITY COUNCIL 201-1
Section 201.01: CITY COUNCIL MEETINGS .......................................................... 201-1
Section 201.02: DUTIES AND RESPONSIBILITIES OF COUNCIL MEMBERS .... 201-2
Section 201.03: PERSONAL INTEREST................................................................... 201-3
Section 201.04: ATTENDANCE AT MEETINGS ..................................................... 201-3
Section 201.05: DISCIPLINE..................................................................................... 201-3
Section 201.06: PENALTIES ..................................................................................... 201-4
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ORDINANCE 201 ORGANIZATIONS AND PROCEDURES OF THE CITY COUNCIL
Section 201.01: CITY COUNCIL MEETINGS.
Subd. 1: Meetings. The Council shall have regular sessions in the City Hall on such days
and at such times as determined by Resolution of the City Council. The first meeting of the year
shall be the organizational meeting and shall include: election of acting mayor to preside in the
absence of the Mayor, designate an official newspaper, select official depositories, annual
appointments to board and commissions, and assignments of Council committees.
Subd. 2: Special Meetings. Special meetings of the City Council may be called by the
Mayor on oral notice to the Administrator/Clerk or by any two members of the Council in
writing filed with the Administrator/Clerk at least 24 hours prior to the time specified for such
meeting. The City Administrator/Clerk shall immediately notify each member of the Council of
the time and purpose of the meeting by telephonic notice to each member, if he or she can be
found, and if not, notice to an adult known to reside in the abode of the Council member.
Special meetings may be held without such notice when all members of the Council are present
in person, or when the absent members have consented to the holding of said meeting. Any
special meeting attended by all the members of the Council shall be a regular meeting for the
transaction of any business that may come before such meeting. The City Administrator/Clerk
shall also give notice of special meetings to the local media and post notice at City Hall.
Subd. 3: Agenda. An agenda of business to come before the City Council shall be
prepared and distributed by the City Administrator/Clerk no later than two (2) days before the
regular City Council meetings. The Administrator/Clerk shall furnish each member of the
Council with a copy of the agenda prior to the Council meeting and as far in advance of the
meeting as time for preparation will permit. Any person desiring to be heard by the Council
shall make his or her intention known to the Administrator/Clerk not later than one week prior to
the Council meeting, and shall inform the Administrator/Clerk of the substance of the matter to
be presented so that it can be included in the agenda. Any matters not so presented shall not be
considered by the Council, unless the Council is satisfied that the omission of said item from the
printed Agenda was inadvertent, or the matter is of such urgency that Council, by unanimous
vote, suspends the rules for the consideration of the matter.
Section 201.01,Subd.3 amended 3/2015
Subd. 4: Addressing the Council. Each person addressing the Council shall be limited to
five minutes, unless further time is granted by a majority vote of the Council. All remarks shall
be addressed to the Council as a body and not to any member thereof. No questions shall be
asked of a council person except those presented through the presiding officer.
Subd. 5: Conduct at Meetings. Any person making personal, impertinent, or slanderous
statements, or who shall become boisterous while addressing the Council, shall forthwith be
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barred from further audience before the Council by the presiding officer unless permission to
continue be granted by a majority vote of the Council.
Subd. 6: Sergeant at Arms. The Chief of Police or such other member or members of the
Police Department as the Chief may designate, shall serve as Sergeant at Arms at the Council
meetings upon the request of the Mayor. When serving in this capacity, the officer shall
maintain order and decorum at the meeting, and act at the direction of the presiding officer.
Section 201.02: DUTIES AND RESPONSIBILITIES OF COUNCIL MEMBERS.
Subd. 1: General Responsibilities. Except as otherwise provided by Statute or these
Ordinances, neither the Mayor nor any Council member has authority to undertake any action on
behalf of the City, unless that action is authorized by the Council acting as a body. No Council
member may individually engage in any of the following activities unless authorized by the
Council, or permitted by Statute or Ordinance:
a) Enter any contracts on behalf of the City.
b) Direct or discipline an employee of the City.
C) Review, copy, disclose or remove documents held by the City which are
confidential under the Data Practices Act or attorney-client privilege.
d) Express an opinion which does not accurately represent a position of the City
while preporting to speak for the City.
e) Engage in any negotiations, request action, respond to requests or undertake other
contact with another political subdivision under the appearance that the action is
taken on behalf of the City.
f) Communicate directly with the City Attorney, City Engineer, Accountant and
other independent contractors retained by the City regarding City business.
Subd. 2: Individual Action Permitted. Notwithstanding the provisions of Subd. 1 herein,
a Council member may individually undertake actions on behalf of the City under the following
circumstances:
a) As authorized by Minnesota Statute.
b) As authorized by these Ordinances.
C) As authorized by motion or resolution of the Council.
Subd. 3: Individual Authority of the Mayor. The Mayor is hereby authorized to act in
the following matters on behalf of the City:
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a) The Mayor shall serve as police commissioner and shall field complaints or
comments regarding the police department and report to the Council with his or
her finding. The Mayor shall not discipline an officer nor set enforcement policy.
b) Appear as a representative of the City at functions, accept and present awards on
behalf of the City, and serve as an "ambassador of good will".
C) Oversee the function of the departments of the City and serve as a liaison between
the Council and the departments.
d) Solicit opinions on behalf of the City from the City Attorney, City Engineer and
other independent contractors of the City.
e) Serve as City representative on the St. Cloud Area Planning Organization.
f) Provide direction to City employees where emergency action is necessary and the
convening of a Council meeting is impossible.
Section 201.03: PERSONAL INTEREST. City Council members may not use their
position on the Council to advance any personal interests or concerns, or take any action on
matters in which he or she has a personal or financial interest. A Council member shall identify
any such personal conflict of interest and abstain from consideration of the issue.
Section 201.04: ATTENDANCE AT MEETINGS. City Council members shall make
reasonable efforts to regularly attend Council meetings. Due consideration in attendance will be
made for personal vacations, military service, illness, emergency or irreconcilable conflicts.
Repeated unexcused absences may be grounds for discipline.
Section 201.05: DISCIPLINE.
Subd. 1. Grounds. The following are considered grounds for discipline of a council
member:
a) Violation of a provision of this Ordinance.
b) Violation of state law governing the activities of a Council member.
C) Violation of or disregard of a duly authorized resolution of the Council.
d) Conviction of a felony, or a crime involving dishonesty or moral turpitude
committed while in office.
e) Malfeasance or misfeasance in office.
f) Theft or embezzlement of public funds or property.
201-3
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
Subd. 2: Initiation of Action. Disciplinary action against a Council member shall be
initiated by resolution of a Council member and approved by 4/5th vote of the Council.
Subd. 3. Discipline. The following disciplinary action is available and appropriate to the
following offenses:
a) Warning. Appropriate for initial violations of Sections 201.02, 201.04 or failure
to comply with a resolution of the Council.
b) Reprimand. Repeat violations for matters for which a warning was issued,
violation of state law governing activities of a Council member, or malfeasance or
misfeasance in office.
C) Removal from Office. Conviction of a felony or other crime involving dishonesty
or moral turpitude, gross malfeasance, embezzlement or theft of public funds or
repeated violations of the offense for which there has been prior warning and
reprimand.
Section 201.06: PENALTIES. The first violation of a provision of this Ordinance shall
constitute a petty misdemeanor. Any subsequent violation shall constitute a misdemeanor.
Updated: 3/18/94,4/17/09
Updated:12/2013
201-4
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 202 VOTER REGISTRATION AND ELECTIONS ................................... 202-1
Section 202.01: REGISTRATION SYSTEM.............................................................. 202-1
Section 202.02: VOTING........................................................................................... 202-1
Section 202.03: ELECTION DATES.......................................................................... 202-1
202-0
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 202 VOTER REGISTRATION AND ELECTIONS
Section 202.01: REGISTRATION SYSTEM. The system for the permanent registration
of the voters provided for by Minn. Stat. ch. 201, and successor or superseding statutes as may
be enacted, is hereby adopted for the City of St. Joseph.
Section 202.02: VOTING. No person shall be permitted to vote at any election in the
City of St. Joseph unless he or she is registered as provided by Minnesota Statutes.
Section 202.03: ELECTION DATES. The regular City election of the City of St. Joseph
shall be held bi annually on the first Tuesday after the first Monday of November of each year
the Minnesota House of Representatives stands for election.
Updated 4/29/94
202-1
CHAPTER II – OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 203 PARK BOARD ................................................................................... 203-1
Section 203.01: MEMBERS AND TERMS ................................................................ 203-1
Section 203.02: OFFICERS ........................................................................................ 203-1
Section 203.03: MEETINGS ...................................................................................... 203-1
Section 203.04: REPORTS ......................................................................................... 203-1
Section 203.05: DUTIES AND RESPONSIBILITIES ................................................ 203-2
Section 203.06: LIMITATIONS ................................................................................. 203-2
203-0
CHAPTER II – OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 203 PARK BOARD
Section 203.01: MEMBERS AND TERMS. There shall be established a Park Board
consisting of six members appointed by the Mayor with the approval of the City Council.
Subd. 1: Five members of the Board shall be residents of the City of St. Joseph who shall
be appointed for a term of three calendar years. The terms of these members shall be staggered
so that no more than two members shall have terms expiring in any given year. To achieve
staggered terms, some of the initial appointments may be for a term of less than three years.
Members shall serve until their successor is appointed and qualified. Members shall receive
compensation as may be established by the City Council. Members may be removed by the
Mayor with approval of the City Council.
Subd. 2: The remaining member of the Park Board shall be appointed annually by the
City Council and shall be one of its own members. The City Council member of the Board shall
not have voting powers and shall serve a term of only one year.
Section 203.02: OFFICERS. The Board shall elect from its members a Chair, Deputy
Chair and Secretary for a term of one year. The Chair shall preside over all meetings, represent
the Park Board before the City Council, and undertake such other responsibilities as may be
delegated or authorized by the By-Laws of the Park Board. The Deputy Chair shall assume the
duties of the Chair in the Chair's absence. The Secretary shall prepare agendas for meetings and
maintain records of business transacted by the Park Board.
Section 203.03: MEETINGS. The Park Board shall hold at least one regular meeting
during every three month period. It shall adopt rules and by-laws for the transaction of business.
Section 203.04: REPORTS.
Subd. 1: On or before the second Council meeting of January of each year, the Park
Board shall file a statement of receipts and expenditures incurred during the previous calendar
year. The Park Board shall maintain records to document each receipt and expenditure to
support the annual statement.
st
Subd. 2: On or before August 1 of each calendar year, the Park Board shall deliver to
the City Administrator/Clerk a proposed operating budget for the upcoming calendar year. The
budget shall be considered and approved by the City Council prior to its implementation. Any
changes or amendments in the operating budget of the Park Board shall be resubmitted to the
City Council for approval.
203-1
CHAPTER II – OPERATIONS, ADMINISTRATION & ORGANIZATION
Section 203.05: DUTIES AND RESPONSIBILITIES. The Park Board shall have the
following duties and responsibilities, subject to the restrictions contained in Section 23.6:
Subd. 1: The Park Board may acquire land for park purposes.
Subd. 2: The Park Board shall assert control and authority over property set aside for
park purposes.
Subd. 3: The Park Board shall interview and recommend the employment of necessary
personnel, and recommend compensation for personnel.
Subd. 4: The Park Board shall direct the construction of facilities and improvements to
park property.
Subd. 5: The Park Board shall purchase necessary materials, supplies, equipment, and
services for the development and maintenance of parks as well as the implementation of
recreational and educational programs.
Subd. 6: The Park Board shall maintain and care for park property.
Subd. 7: The Park Board shall provide for free musical and other entertainment for the
general public.
Subd. 8: The Park Board shall plan and develop educational programs and activities for
residents of the City.
Subd. 9: The Park Board shall promote public interest and understanding of the City's
parks, programs, and activities.
Subd. 10: The Park Board shall coordinate recreational park activities with other
community organizations or groups.
Subd. 11: The Park Board shall solicit contributions from other organizations and
businesses to be used for the funding of park programs.
Subd. 12: The Park Board shall undertake such other responsibilities or duties as may be
specifically delegated by the City Council.
Section 203.06: LIMITATIONS. The Park Board may not undertake any of the
following actions or activities without prior approval of the City Council:
Subd. 1: Enter a contract for the purchase of property, equipment, goods, materials, or
services for more than $3,000.
203-2
CHAPTER II – OPERATIONS, ADMINISTRATION & ORGANIZATION
Subd. 2: Hire an individual as an employee of the City of St. Joseph. This provision
does not limit the authority of the Park Board to employ independent contractors to provide
specific services if the total consideration for the contract is less than $3,000.
Subd. 3: Expend monies not specifically authorized or designated in the budget approved
by the City Council, or approved amendments thereto.
Subd. 4: Order park related work to be performed by employees of the City Maintenance
Department which is outside the scope of the usual and customary park related duties and
responsibilities of the employees.
The City Council further ordains that Ordinance 203, setting the date of elections, shall
be merged with Ordinance 202, and for purposes of the Code, it shall be renumbered as Section
202.03 of the Code.
Updated 4/29/94
203-3
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 204 VOLUNTEER FIRE DEPARTMENT................................................. 204-1
Section 204.01: ESTABLISHMENT OF FIRE DEPARTMENT................................ 204-1
Section 204.02: PURPOSE AND SCOPE.................................................................... 204-1
Section 204.03: ELECTION OF CHIEF..................................................................... 204-1
Section 204.04: VACANCIES..................................................................................... 204-1
Section 204.05: FIRE FIGHTERS.............................................................................. 204-1
Section 204.06: HONORARY MEMBERS. ............................................................... 204-1
Section 204.07: DUTIES OF CHIEF.......................................................................... 204-2
Section 204.08: DUTIES OF ASSISTANT FIRE CHIEF............................................ 204-2
Section 204.09: DUTIES OF CAPTAIN ..................................................................... 204-2
Section 204.10: RECORDS OF FIRES....................................................................... 204-2
Section 204.11: FIRE DRILLS................................................................................... 204-2
Section 204.12: COMPENSATION............................................................................ 204-3
Section 204.13: RELIEF ASSOCIATION.................................................................. 204-3
Section 204.14: WORKERS' COMPENSATION INSURANCE................................ 204-3
Section 204.15: VIOLATIONS .................................................................................. 204-3
204-0
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 204 VOLUNTEER FIRE DEPARTMENT
Section 204.01: ESTABLISHMENT OF FIRE DEPARTMENT. It is hereby established
in the City of St. Joseph, a volunteer Fire Department consisting of a Fire Chief, Fire Captain,
Assistant Chief, and not less than 15 nor more than 30 Fire Fighters. The department shall be
known as the "St. Joseph Fire and Rescue Department", hereinafter referred to as the "Fire
Department".
Section 204.02: PURPOSE AND SCOPE. The objective of the Fire Department shall be
to prevent fires through education, to fight fires, and to preserve e and protect life and property
against injury and damage within the City of St. Joseph and its vicinity.
Section 204.03: ELECTIONS . The Fire Chief and Assistant Fire Chief shall be
appointed by the City Council for a term of two calendar years. The Captain shall be appointed
by the City Council for a term of three calendar years. The terms of the Fire Chief, Assistant Fire
Chief and Captain shall be staggered so that not more than one term shall expire in any given
year. To achieve staggered terms, the initial appointment for Fire Chief or Assistant Fire Chief
may be for a term of one year. The Fire Chief, Assistant Fire Chief, and Captain shall serve until
their successor is appointed, unless otherwise removed for cause by the City Council after a
public hearing.
Section 204.04: VACANCIES. Any vacancy in the Fire Chief position shall be filled
through the appointment of a successor by the City Council as soon as is practicable. Until such
time as the successor Fire Chief is appointed, the Assistant Fire Chief shall assume and perform
the duties of the Fire Chief. Any vacancy in the Assistant Fire Chief position shall be filled
through the appointment of a successor by the City Council as soon as is practicable. Until such
time as the successor Assistant Fire Chief is appointed, the Captain shall assume and perform the
duties of the Assistant Fire Chief. Any vacancy in a Captain position shall be filled through the
appointment of a successor by the City Council as soon as is practicable. The position shall
remain vacant until such time as a successor is appointed by the City Council. To maintain
staggered terms, the appointment of a vacant position may be for a term of one year or, in the
case of Captain, two years.
Section 204.05: FIRE FIGHTERS. Applicants shall be screened by the Fire Department
Investigation Committee. Finalists shall then be screened by the Fire Chief and the Fire Board,
and then presented to the City Council for appointment.
Section 204.06: HONORARY MEMBERS. Any member retiring in good standing shall
have his/her name placed upon the Honorary Membership List.
204-1
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
Section 204.07: DUTIES OF CHIEF. The Fire Chief shall perform professional and
administrative work managing and directing fire, incident and emergency service activities
including responding to fire and emergency calls, searching for and rescuing victims,
suppressing fires, performing clean up and participating in continuing training and related work
as required. The Fire Chief shall work with the City Council in setting policies and goals for the
Department. The Fire Chief shall also be responsible for departmental supervision over the
Assistant Fire Chief, Captain, and Fire Fighters, and maintain control over all of the fire fighting
apparatus and shall be solely responsible for its care and condition. The Fire Chief may
establish such committees as the Fire Chief deems necessary to assist in carrying out these
duties. Such committees shall be appointed by the Fire Chief on an annual basis. The Fire Chief
shall report semi annually to the City Council at its meeting in March and September, as to the
condition of the equipment and the needs of the Fire Department. He or she may submit
additional reports and recommendations at any meeting of the Council, and shall report each
suspension of a Fire Fighter at the first meeting of the Council following such suspension. He
or she shall be responsible for the proper training and discipline of the Fire Fighters, and may
suspend any Fire Fighter for refusal and neglect to obey orders pending a hearing and final
action by the Council on such Fire Fighter's suspension, discharge or retention.
Section 204.08: DUTIES OF ASSISTANT FIRE CHIEF. In the absence of, or disability
of the Fire Chief, the Assistant Fire Chief shall perform all functions and exercise all the
authority of the Fire Chief by performing the professional and administrative work managing and
directing fire, incident, and emergency service activities including responding to fire and
emergency calls, searching for and rescuing victims, suppressing fires, performing clean up and
participating in continuing training and related work as required. The Assistant Fire Chief shall
work with the Fire Chief in setting policies and goals for the Department. The Assistant Fire
Chief shall exercise supervision over Captains and Fire Fighters.
Section 204.09: DUTIES OF CAPTAIN. The Captain shall perform intermediate
protective service work in supervising, planning, implementing and coordinating fire training
and safety operations for the Fire Department, maintenance and operation of trucks or
equipment, preparing and maintaining detailed records and files, develop Standard Operating
Procedures related to specific assignments and related work as required. The Captain shall
perform his or her duties under the moderate supervision of the Fire Chief and/or Assistant Fire
Chief. The Captain shall oversee and supervise the Fire Department personnel during operational
response, maintenance, and safety and training activities.
Section 204.10: RECORDS OF FIRES. The Chief shall keep in convenient form a
complete record of all fires. Such records shall include the time of alarm, location of the fire,
cause of the fire (if known), type of building, name of owner and tenant, purpose for which
occupied, value of the building and contents, Fire fighters of the Fire Department responding to
the alarm, and such other information as may be advisable or as may be required from time to
time by the Council, or by state law or regulation.
Section 204.11: FIRE DRILLS. It shall be the duty of the Chief, when weather permits,
to hold a monthly drill of at least one hour duration for the Fire Department and to give the Fire
Fighters instructions and approved methods of fire fighting and fire prevention.
204-2
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
Section 204.12: COMPENSATION. The Fire Chief, Assistant Fire Chief, Captains, and
Fire Fighters of the Fire Department shall receive such compensation as shall be designated by
the City Council from time to time. In computing compensation for fires, one hour shall be
considered as a minimum to be paid any personnel of the Fire Department.
Section 204.13: RELIEF ASSOCIATION. The Fire Chief, Assistant Fire Chief,
Captain, and Fire Fighters of the Fire Department may organize themselves into a Firemen's
Relief Association.
Section 204.14: WORKERS' COMPENSATION INSURANCE. Workers' Compensation
Insurance coverage shall be maintained in accordance with the Minnesota Worker's Compensation Act.
An employee of the Fire Department shall be a covered employee for the purposes of workers' compensation
coverage from the moment the Fire Fighter responds to the call until the time the employee completes his or
her duties at the Fire Station after the call has been cleared. All injuries shall be reported and processed in
accordance with the St. Joseph Personnel Policy.
Section 204.15: VIOLATIONS. It shall be unlawful for any person to give or make, or
cause to be given or made, any alarm of fire without probable cause, or to neglect or to refuse to
obey any reasonable order of the Chief at a fire at any time, or to interfere with the Fire
Department during the discharge of its duties. Any person convicted of violating this section
shall be guilty of a misdemeanor.
204-3
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 205 PLANNING COMMISSION............................................................... 205-1
Section 205.01: MEMBERS AND TERMS................................................................ 205-1
Section 205.02: OFFICERS........................................................................................ 205-1
Section 205.03: MEETINGS ...................................................................................... 205-1
Section 205.04: COMPREHENSIVE PLAN .............................................................. 205-2
Section 205.05: ZONING PLAN................................................................................ 205-2
Section 205.06: OFFICIAL MAP............................................................................... 205-3
Section 205.07: APPROVAL OF PLATS................................................................... 205-3
Section 205.08: REFERENCE TO PLANNING COMMISSION ............................... 205-3
Section 205.09: OTHER DUTIES .............................................................................. 205-4
205-0
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 205 PLANNING COMMISSION
Section 205.01: MEMBERS AND TERMS. There shall be established a Planning
Commission consisting of at least nine but not more than ten members.
Subd. 1: At least six but not more than seven members shall be appointed to serve three
year terms by the Mayor with the approval of the City Council. The terms of these appointed
Commissioners shall be staggered so that no more than three of the appointed members shall
have terms ending in any given year. Any of the appointed members may be removed for cause
by a majority vote of the City Council.
Subd. 2: The other three members of the Planning Commission shall be the City
Engineer and the City Attorney, who shall be members ex officio, without voting authority. The
final member shall be elected by the Council and shall be one of its own members. The Council
member shall serve a term of one year and shall have full voting rights.
Subd. 3: Vacancies during the term of any member shall be filled by appointment by the
Mayor with approval of the Council for the unexpired portion of the term. Every appointed
member entering upon discharge of his or her duties shall take an oath that he or she will
faithfully discharge those duties of the office. Members shall receive reasonable compensation
as set by City Council resolution. Members, serving pursuant to Subd. 205.01.1. shall be
residents of the City, or reside within two miles of the City limits. No more than two (2) of these
members shall be non-residents.
Section 205.02: OFFICERS. The Commission shall elect a Chairperson and a Deputy
Chair from among its members for a term of one year. Other offices, including that of secretary,
may be designated and filled by the Commission as may be determined. The Chairperson shall
preside over all meetings, represent the Commission before the Council, and undertake such
other responsibility as authorized by the Commission. The Deputy Chair shall assume the duties
of the Chairperson in the Chairperson's absence and assume such other duties and responsibilities
as delegated by the Chair.
Section 205.03: MEETINGS. The Commission shall hold at least one regular meeting
during every three month period. It shall adopt rules and by-laws for the transaction of business
and shall keep a record of its resolutions, transactions, and findings, which shall be of public
record. On or before the first day of January of each year, the Commission shall submit to the
City Council a report of its work during the preceding year. Expenditures of the Commission
shall be within amounts appropriated for the purpose by the City Council. On or before the first
day of August of each year, the Commission shall submit to the City Council a proposed
operating budget for the upcoming fiscal year.
205-1
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
Section 205.04: COMPREHENSIVE PLAN.
Subd. 1: Preparation. It shall be the function and duty of the Planning Commission to
prepare and adopt a comprehensive City plan for the physical development of the City, including
proposed public buildings, street arrangements and improvements, public utility services, parks,
playgrounds, and other similar developments, and use of property, the density of population, and
other matters relating to the physical development of the City. Such plan may be prepared in
sections, each of which shall relate to a major subject of the plan, as outlined in the
Commissioners'program of work.
Subd. 2: Hearings and Voting. Before adopting the comprehensive plan or any section
of it or any substantial amendment thereof, the Commission shall hold at least one public hearing
thereon, notice of the time and place of which shall be given by publication in a newspaper of
general circulation at least 10 days before the day of the hearing. The adoption of the plan or of
any section or amendment thereof, shall be by resolution of the Commission, approved by the
affirmative votes of not less than two/thirds of the total members entitled to vote. The
Commission may, from time to time, amend or add to the plan or any section thereof, as herein
provided, or the adoption of the original plan whenever changed conditions or further studies by
the Commission indicate that such amendment or addition is necessary. An attested copy of the
plan or of any section, amendment, or addition to the plan adopted by the Planning Commission
shall be certified to by the City Council.
Subd. 3: Recommendations to City Council. Upon the adoption of the plan or any
section thereof, it shall be the duty of the Planning Commission to recommend to the City
Council, reasonable and practical means of putting into effect such plan or section thereof in
order that the same will serve as a pattern and guide for orderly physical development of the City
and as a basis for the efficient expenditure of the funds thereof relating to the subjects of such
City plan. Such means shall consist of a zoning plan, the control of subdivision plats, a plan of
future streets, coordination of the normal public improvements of the City, a long term program
of capital expenditure and such other matters as will accomplish the purposes of this section.
Subd. 4: Reviewal of Plan. The Planning Commission shall periodically review the
Comprehensive Plan, adopt necessary amendments and recommend to the Council reasonable
and practical means of implementing the amendments.
Section 205.05: ZONING PLAN. The Planning Commission, upon its own motion, may
and upon instructions by the City Council, shall prepare a proposed zoning plan or amendments
to an existing zoning plan for the City. Before recommending any plan to the City Council, the
Planning Commission shall hold at least one public hearing thereon after notice similar to that
required by Section 6 herein. The same procedure shall apply for the preparation of any plan of
proposed rights of way for future streets or highways, of the future widening of existing streets
or highways, or for the reservation of lands for public purposes.
205-2
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
Section 205.06: OFFICIAL MAP.
Subd. 1: The Planning Commission with the assistance of the City Engineer, may and
upon instructions by the City Council shall, prepare an official map of the platted and unplatted
portions of the City and adjoining territory, or portions thereof, indicating upon such map the
proposed future extension and widening of streets of the City within such existing platted and
developed territory or across such unplatted territory.
Subd. 2: After such map has been prepared and a hearing on it has been held, it shall be
submitted to the Council, which shall thereupon consider the map and may adopt it or any part of
it with amendments as it deems advisable. Before adoption by the Council, a public hearing
shall be held upon the proposal at least 10 days after a notice thereof has been published in an
official newspaper. After the map has been adopted by the Council and filed with the County
Recorder of Stearns County, whenever an existing street or highway is widened or improved, or
any new street is opened, or lands for other public purpose are acquired by action of the City, it
shall not be required in such proceedings to pay for any building or structure placed without a
permit or in violation of conditions of a permit after the filing of such map within the limits of
the mapped street, or outside of any building line that may have been established upon the
existing street, within any area thus reserved for public purposes.
Section 205.07: APPROVAL OF PLATS.
Subd. 1: Every proposed plat of land within the City or within two miles of the limits of
the City and not within a town which itself requires the approval of plats, shall be submitted to
the City Council before being filed and no plat of land shall be filed unless and until the same
shall first have been approved by the City Council.
Subd. 2: Any person who violates this provision or who sells lands or offers lands for
sale or contracts for the sale of land by reference to or by other use of a plat before such plat has
been approved by the Planning Commission and the City Council in accordance with the
provisions of this section shall be guilty of a misdemeanor. Before acting on such plat, the City
Council shall submit the same to the Planning Commission for a recommendation and
consideration pursuant to Ordinance 504.
Section 205.08: REFERENCE TO PLANNING COMMISSION. No change shall be
made in the zoning plan, future street and public lands plan, or regulations governing the platting
of land after such plans or regulations have been adopted by the City Council, until the proposed
change has been referred to the Planning Commission for report thereon and attested copy of the
report has been filed with the Council; and no ordinance or resolution establishing any of such
plans or specifications shall be adopted by the City Council until the ordinance or resolution has
been referred to the Planning Commission for a report thereon and an attested copy of the report
has been filed with the Council.
205-3
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
Section 205.09: OTHER DUTIES. In addition to the duties and responsibilities
delineated above, the Planning Commission shall:
Subd. 1: Assume all other advisory responsibilities authorized by Minn. Stat. ' 462.354,
et seq.
Subd. 2: Serve as the Board of Appeals and Adjustments.
Subd. 3: Exercise all authority delegated under Chapter V. of this Code.
Subd. 4: Recommend additions and/or amendments to the ordinances contained in
Chapter V. of this Code.
Subd. 5: Participate with planning agencies of other political subdivisions in joint
planning where matters of a common interest exist.
Subd. 6: Assume other duties and responsibilities relating to planning and land use as
may be delegated or assigned by the City Council.
Updated 7/18/94
205-4
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 206 BOARD OF HEALTH ........................................................................ 206-1
Section 206.01: ESTABLISHMENT AND MEMBERSHIP....................................... 206-1
Section 206.02: POWERS AND DUTIES OF BOARD.............................................. 206-1
Section 206.03: POWERS AND DUTIES OF HEALTH OFFICER........................... 206-1
Section 206.04: ENTRANCE FOR INSPECTION..................................................... 206-2
Section 206.05: ARREST POWER............................................................................. 206-2
Section 206.06: PENALTIES ..................................................................................... 206-2
206-0
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 206 BOARD OF HEALTH
Section 206.01: ESTABLISHMENT AND MEMBERSHIP. The City Board of Health
is hereby established. The Board shall consist of three members who shall be appointed by the
City Council for terms of three years. These terms shall be staggered in such a manner so that no
two board members shall have terms expiring within the same year. At least one member shall
be a physician who shall be designated as health officer and shall serve as executive officer of
the board. A vacancy during the term of any member shall be filled by Council appointment for
the remainder of the term.
Section 206.02: POWERS AND DUTIES OF BOARD. The Board of Health shall have
the following powers and duties:
a) To investigate and make such reports and obey such directions concerning the
communicable diseases as a State Board of Health may require or give.
b) To cause all laws and regulations relating to the public health, including all health
regulations included in this code to be obeyed and enforced.
C) To make recommendations to the City Council with respect to ordinances and
programs to promote public health.
Section 206.03: POWERS AND DUTIES OF HEALTH OFFICER. The Health Officer
shall have the following powers and duties:
a) Shall execute lawful orders of the State and City Boards of Health.
b) With the advice and consent of the Board of Health, shall enforce all statutory
ordinance provisions relating to public health.
C) Shall employ at the expense of the City such medical and other help as may be
necessary in the control of communicable disease. The City Administrator/Clerk
shall see that statements of expense incurred in establishing, enforcing and
releasing quarantine are, after payment, certified to the County Auditor for
allowance of one half of the amount as payment by the County to the City as
provided by law; but no such expense shall be paid by the City unless payment is
refused by the person liable under the statutes.
206-1
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
d) The Health Officer may issue and serve, or have served, written individual orders
requiring the owner or occupant of any premise to take such action to abate any
condition or nuisance which is deemed to constitute a substantial health risk to
any members of the public.
e) The Health Officer shall perform such other inspections or other duties as the City
Council may from time to time direct him or her to perform by resolution adopted
at a public meeting.
Section 206.04: ENTRANCE FOR INSPECTION. For the purpose of inspection at any
reasonable hour and during an emergency at any hour, the Health Officer may enter any
building, conveyance or place where a source or cause of preventable disease existed or is
reasonably suspected.
Section 206.05: ARREST POWER.
Subd. 1: The Health Officer shall have the power of arrest of violation of this or any
other ordinance of the City, or of any state law regulation of the State Board of Health.
Subd. 2: No person shall obstruct, interfere with, or impede the health officer or the
Board of Health in the performance of official duties or remove any sign or poster by order of the
health officer in any area or any building.
Section 206.06: PENALTIES. Any violation of this ordinance is a misdemeanor as
herein defined.
206-2
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 207 EMERGENCY MANAGEMENT SERVICES .................................... 207-1
Section 207.01: ADOPTION OF STATUTE.............................................................. 207-1
Section 207.02: CREATION OF AGENCY ............................................................... 207-1
Section 207.03: ORGANIZATION ............................................................................ 207-1
Section 207.04: PARTICIPATION IN MUTUAL AID .............................................. 207-1
Section 207.05: EMERGENCY MANAGEMENT PLAN.......................................... 207-1
Section 207.06: REPORT TO COUNCIL................................................................... 207-1
207-0
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 207 EMERGENCY MANAGEMENT SERVICES
Section 207.01: ADOPTION OF STATUTE. The Division of Emergency Management
Act, Minnesota Statutes, Chapter 12, insofar as it relates to cities, is adopted by reference as part
of this ordinance as fully as if set forth explicitly herein.
Section 207.02: CREATION OF AGENCY. There is hereby created within the City
government, an Emergency Management Agency which shall be under the supervision and
control of a Director of Emergency Management herein after called the "Director". The director
shall be appointed by the Mayor for an indefinite term and may be removed by the Mayor at any
time. The Director shall serve without salary but shall be paid for necessary expenses. The
Director shall have direct responsibility for the organization, administration, and operation of the
Emergency Management Agency, subject to the direction and control of the Mayor.
Section 207.03: ORGANIZATION. The Emergency Management Agency shall be
organized in such divisions and bureaus, consistent with state and local defense plans, as the
Director deems necessary to provide for the efficient performance of local emergency and
disaster functions during an emergency. The agency shall perform those functions within the
City and in addition, shall conduct such functions outside the City as may be required pursuant to
Minnesota Statutes, Chapter 12, for this ordinance.
Section 207.04: PARTICIPATION IN MUTUAL AID. With the consent of the Mayor,
the Director shall represent the City on any regional or state organization for emergency
management. The Director shall develop a proposed mutual aide agreement with other political
subdivisions within or without the state for reciprocal emergency assistance in emergency too
great to be dealt with unassisted, and shall present such agreements to the Council for approval.
Such agreements shall be consistent with the Emergency Management Plan. During an
emergency, the Emergency Management Agency shall render assistance in accordance with the
provisions of such agreements.
Section 207.05: EMERGENCY MANAGEMENT PLAN. The Director shall prepare a
comprehensive general plan for addressing disasters and emergencies in the City and shall
present such plan to the City Council for its approval. When the Council has approved the Plan
by resolution, all Emergency Management forces of the City shall perform their duties and
functions assigned by the Plan.
Section 207.06: REPORT TO COUNCIL. The Director shall prepare and present to the
Council periodically a report of activities and recommendations.
207-1
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 208 POLICE DEPARTMENT.................................................................... 208-1
Section 208.01: ESTABLISHMENT.......................................................................... 208-1
Section 208.02: CHIEF OF POLICE.......................................................................... 208-1
Section 208.03: DUTIES OF POLICE........................................................................ 208-1
Section 208.04: UNIFORM AND BADGE ................................................................ 208-1
Section 208.05: EXTRA POLICE .............................................................................. 208-1
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CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 208 POLICE DEPARTMENT.
Section 208.01: ESTABLISHMENT. A police department is hereby established. The
head of the department shall be known as the chief of police and the number of additional
members of the department, together with their ranks and titles, shall be determined by the
Council by resolution. The compensation to be paid members of the police department shall be
fixed by the Council. Members of the department shall be appointed by the City Council.
Section 208.02: CHIEF OF POLICE. The chief of police shall have supervision and
control of the police department and its members. The Chief shall be responsible to the Council
for law enforcement and for property of the City used by the department; shall be responsible for
the proper training and discipline of the members of the department; shall be responsible for the
keeping of adequate records and shall report to the Council on the needs of the department and
its work. Every member of the department subordinate to the chief shall obey the instructions of
the chief and any superior officer. The Council shall designate one of the police officers as
acting chief, who shall have all the powers and duties of the chief during his absence or
disability.
Section 208.03: DUTIES OF POLICE. Members of the police department shall enforce
the ordinances and laws applicable to the City, bring violators before the district court, and make
complaints for offenses coming to their knowledge. Members of the police department shall
serve processes on behalf of the City and shall serve such notices as may be required by the
Council or other authority.
Section 208.04: UNIFORM AND BADGE. Each member of the department shall, while
on duty, wear a suitable badge and uniform furnished by the City, except that the chief may
authorize the performance of specific duties while not in uniform. When a member terminates
his or her membership in the department, he or she shall immediately deliver to the City his or
her badge, weapon, ID card, and all other property of the City in his or her possession.
Section 208.05: EXTRA POLICE. In case of riot or other law enforcement emergency,
the chief of police may appoint for a specific time as many special police officers as may be
necessary for the maintenance of law and order. During such term of appointment, the special
police officers shall have only those powers and perform only those duties as shall be
specifically assigned by chief of police.
208-1
CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 209 CODE OF CONDUCT FOR CITY OFFICIALS ................................. 209-1
Section 209.01: PURPOSE......................................................................................... 209-1
Section 209.02: STANDARDS OF CONDUCT......................................................... 209-1
Section 209.03: COMPLAINT, HEARING................................................................ 209-2
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CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
ORDINANCE 209 CODE OF CONDUCT FOR CITY OFFICIALS
Section 209.01: PURPOSE: The City Council of the City of St. Joseph determines that a code of
conduct for its members, as well as the members of the various boards and commissions of the
City of St. Joseph, is essential for the public affairs of the City. By eliminating conflicts of
interest and providing standards for conduct in city matters, the City Council hopes to promote
the faith and confidence of the citizens of the City of St. Joseph in their government and to
encourage its citizens to serve on its council and commissions.
Section 209.02: STANDARDS OF CONDUCT.
Subd. 1: No member of the City Council or a City board or commission may knowingly:
a. Violate the open meeting law.
b. Participate in a matter that affects the persons' financial interest or those of a
business with which the person is associated, unless the effect on the person or
business is no greater than on other members of the same business classification,
profession, or occupation.
C. Use the person's public position to secure special privileges or exemptions for the
person or for others.
d. Use the persons' public position to solicit personal gifts or favors.
e. Use the persons' public position for personal gain.
f Except as specifically permitted pursuant to Minn. Stat. 471.895, accept or
receive any gift of substance, whether in the form of money, services, loan, travel,
entertainment, hospitality, promise, or any other form, under circumstances in
which it could be reasonably expected to influence the person, the person's
performance of official action, or be intended as a reward for the person's official
action.
g. Disclose to the public, or use for the person's or another person's personal gain,
information that was gained by reason of the person's public position if the
information was not public data or was discussed at a closed session of the City
Council.
h. Disclose information that was received, discussed, or decided in conference with
the City's legal counsel that is protected by the attorney-client privilege unless a
majority of the City Council has authorized the disclosure.
i. Represent private interests before the City Council or any City committee, board,
commission or agency.
Subd. 2: Except as prohibited by the provisions of Minn. Stat. Sec. 471.87, there is no
violation of subdivision lb. of this section for the matter that comes before the council,
board, or commission if the member of the council, board or commission publicly
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CHAPTER II—OPERATIONS, ADMINISTRATION & ORGANIZATION
discloses the circumstances that would violate these standards and refrains from
participating in the discussion and vote on the matter. Nothing herein shall be construed
to prohibit a contract the a member of the City Council under the circumstances described
under Minn. Stat. Sec. 471.88, if proper statutory procedures are followed.
Section 209.03: COMPLAINT, HEARING.
Any person may file a written complaint with the City Administrator alleging a violation of the
standards of conduct in Section 209.02 of this Code of Conduct. The complaint must contain
supporting facts for the allegation. The City Council may hold a hearing after receiving the
written complaint or upon the Council's own volition. A hearing must be held only if the City
Council determines (1) upon advice of the City Attorney, designee, or other attorney appointed
by the Council, that the factual allegations state a sufficient claim of a violation of these
standards or rise to the level of a legally-recognized conflict of interest, and (2)that the
complaint has been lodged in good faith and not for impermissible purposes such as delay. The
City Council's determination must be made within 30 days of the filing of the allegations with
the City Administrator. If the Council determines that there is an adequate justification for
holding a hearing, the hearing must be held within 30 days of the City Council's determination.
At the hearing, the person accused must have the opportunity to be heard. If after the hearing,
the Council finds that a violation of a standard has occurred or does exist, the Council may
censure the person, refer the matter for criminal prosecution, request an official not to participate
in a decision, or remove the appointed member of an advisory board or commission from office.
209-2
CHAPTER III—PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 301 NAMING OF STREETS, AVENUES AND PUBLIC WAYS ............. 301-1
Section 301.01: NAMING STREETS......................................................................... 301-1
Section 301.02: PROCEDURE FOR APPROVAL OF NAME................................... 301-2
Section 301.03: ANNEXED PROPERTY................................................................... 301-2
Section 301.04: STREETS SIGNS ............................................................................. 301-2
Section 301.05: NUMBERS....................................................................................... 301-2
Section 301.06: POSTING OF NUMBERS................................................................ 301-2
301-0
CHAPTER III—PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 301 NAMING OF STREETS, AVENUES AND PUBLIC WAYS
Section 301.01: NAMING STREETS. The names of streets, avenues and public ways in
the City of St. Joseph, which appear to be an extension of an existing street, avenue or public
way, shall be given the same name of the street or avenue of which it is an extension. Where a
street, avenue or public way is not an extension of an existing street or avenue, the street or
avenue shall be named in the following manner:
a) East/West roadways lying north of Minnesota Street shall be given the names of
trees, in alphabetical order, commencing with the first street north of Minnesota
Street. That portion of a street lying of east of College Avenue shall be
designated by the adjective "east" while that portion of the street lying west of
College Avenue shall be designated by the adjective "west".
b) East/West roadways lying south of Minnesota Street shall be given the names of
common surnames, in alphabetical order, commencing with the first street south
of Minnesota Street. That portion of a street lying east of College Avenue shall
be designated by the adjective "east" while that portion of the street lying west of
College Avenue shall be designated by the adjective "west".
c) North/South Avenues shall be designated in numbers in ascending order from
College Avenue with those avenues lying to the east of College Avenue and north
of Minnesota Street designated by the adjective "northeast", those lying of east of
College Avenue and south of Minnesota Street designated by the adjective
"southeast", those lying west of College Avenue and north of Minnesota Street
designated by the adjective "northwest" and those lying west of College Avenue
and south of Minnesota Street designated by the adjective "southwest".
d) The roadways running in a generally north/south direction shall be designated as
"avenues" while roadways running in a generally east/west direction shall be
designated as "streets".
e) Any circles, cul-de-sacs or other roadways not falling within the general grid
system established by a) through d) above may be named for natural landmarks,
historical figures or names associated with the plat within which they lie. Cul-de-
sacs shall be designated as "circle" or "court".
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CHAPTER III—PUBLIC PROPERTY & IMPROVEMENTS
Section 301.02: PROCEDURE FOR APPROVAL OF NAME. The names for streets,
avenues or roadways shall be designated by resolution of the City Council based upon the
recommendation of the Planning Commission acting in accordance with Section 301.01. As
necessary and appropriate, the Planning Commission may solicit advice from the City Engineer
when recommending the names of streets, avenues or roadways. Approval of a plat by the City
Council shall act as designation of the names of the streets, avenues, or roadways contained in
the plat, as they are identified in the final plat.
Section 301.03: ANNEXED PROPERTY. Where an existing street, avenue or roadway
is contained in property annexed by the City of St. Joseph, the street, avenue or roadway shall be
renamed in accordance with Section 301.01. Upon annexation, the matter shall be referred to the
Planning Commission for the recommendation of a name to the City Council.
Section 301.04: STREETS SIGNS. The City Council for the City of St. Joseph shall
authorize the purchase of appropriate street name signs and shall cause the same to be erected at
all intersections or locations which the City shall deem to be necessary to adequately identify
street names.
Section 301.05: NUMBERS. The City Council shall appoint an official of the City of St.
Joseph to assign numbers to the properties within the City of St. Joseph, including properties
joining the City of St. Joseph by annexation, in accordance with the grid system with a center
point at the intersection at College Avenue and Minnesota Street. The City Administrator/Clerk
shall prepare and keep as a part of the permanent records of the City, a record of all numbered
properties, and such records shall be open for inspection by the Public at all reasonable hours.
Upon the assignment of a street number to a property, the City Administrator/Clerk shall send
notice to the property owner advising the property owner of the assigned number and informing
the property owner of the requirements of this Ordinance with regard to the posting of the street
number.
Section 301.06: POSTING OF NUMBERS. Within 15 days of receipt of notice of a
street number, the owner of any property upon which a building or structure is located, shall post
the street number on the building or structure in accordance with the following provisions:
a) The street number shall be posted on that side of the building or structure facing
the street upon which the building or structure is located for purposes of a street
address.
b) The number shall be of such size, material and color so that it can be read from
the adjacent public street or roadway during daylight hours by a person of normal
vision.
C) Any owner of property in violation of this Section shall be issued a written
warning by the St. Joseph Police Department requesting that the property be
brought into compliance. If the property owner does not bring the property in
compliance within 15 days from the written warning, the violation shall constitute
a petty misdemeanor.
Updated 1/15/97
301-2
CHAPTER III—PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 302 LIMITING ACTIVITIES IN PUBLIC EASEMENTS ......................... 302-1
Section 302.01: PURPOSE......................................................................................... 302-1
Section 302.02: DEFINITIONS.................................................................................. 302-1
Section 302.03: LIMITATION OF ACTIVITIES IN AREA OF EASEMENT ........... 302-2
Section 302.04: PRE-EXISTING USES ..................................................................... 302-3
Section 302.05: ENFORCEMENT ............................................................................. 302-3
Section 302.06: PENALTY........................................................................................ 302-4
Section 302.07: EFFECTIVE DATE.......................................................................... 302-4
302-0
CHAPTER III—PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 302 LIMITING ACTIVITIES IN PUBLIC EASEMENTS
Section 302.01: PURPOSE. This ordinance is enacted for the purpose of controlling the
use of property in the City of St. Joseph on which the City holds an easement for utility, road
way, drainage, sidewalk, and other public purposes. This Ordinance has been enacted to require
the owners of property containing a public easement to use the property in a manner consistent
with the grant of the easement and assure the City of reasonable access onto the easement in an
emergency situation. This Ordinance recognizes the need to maintain public easements free of
obstructions and accessible, while allowing non-conflicting uses by the property owner.
Section 302.02: DEFINITIONS. For purposes of this ordinance, the following terms
have the stated meanings:
a) Landowner. Shall mean the fee owner(s), tenants or occupiers of a parcel of
property over, on or under which the City holds a public easement.
b) City. Shall mean the City of St. Joseph, Minnesota.
C) Easement. Shall mean a public easement of any type, including but not limited to
an easement for utility, drainage, roadway, ingress/egress, sidewalk, boulevard
and other public purposes. The area of an easement shall not be limited to that
portion of the easement actually put to use, but shall extend to the entire easement
as described in the grant or dedication, including roadway ditches and boulevards
lying within the designated areas.
d) Pre-Existing Use. Means a use or activity existing within an easement at the time
this ordinance was enacted.
e) City's Easement Use. Shall be any use which the City is authorized to maintain
by the grant or dedication of the easement as construed in accordance with the
laws of the State of Minnesota.
f) Boulevard. Shall mean that portion of a street or road easement located outside of
the portion of the easements which is actually improved for street or road
purposes and used for vehicular traffic or the parking of vehicles. With respect to
streets or roads improved with curbing, the boulevard shall be that portion of the
easement separated from the improved portion of the street or road by the curbing.
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CHAPTER III—PUBLIC PROPERTY & IMPROVEMENTS
g) Utility Easement. Shall mean any public easement which affords the City the
right to install, locate or maintain any public utility, including but not limited to
sanitary sewer lines, water lines, storm sewer lines, gas lines, electrical cables,
and cable television.
Section 302.03: LIMITATION OF ACTIVITIES IN AREA OF EASEMENT.
a) The following activities by the owner are permitted in an easement:
1. Lawn.
2. Vegetable or flower garden.
3. Maintenance of lawn ornaments, lawn furniture, recreation and play
equipment and game apparatus which are not affixed or anchored to the
ground.
4. Driveway and sidewalks.
5. The use and maintenance of(a) (l, 2, 3) above by the landowner and
guests in a regular and intended manner.
b) All other uses, unless specifically permitted herein, shall be considered prohibited
and shall not be maintained on or in an easement, except by written permit
granted by the City after application pursuant to the following procedures:
1. The landowner shall submit a written request to the City
Clerk/Administrator describing the easement to be affected and the
proposed use for which permit is sought, together with an administration
fee as may be set by resolution of the City Council.
2. The City Clerk/Administration shall refer the request to the City
Maintenance Supervisor for consideration and recommendation. If the
easement to be affected by the request is a utility easement, the request
shall also be referred to the City Engineer for consideration and
recommendation;
3. Based upon the recommendations received from the Maintenance
Supervisor and City Engineer, the City Administrator/Clerk shall make a
recommendation to the Public Works Director and the Public Works
Director shall approve or deny the request, taking into consideration the
stated purpose of this ordinance. Any approval must be accompanied by
specific conditions or modifications to the original request as deemed
appropriate to protect the City's interests; the permit must contain the
specific conditions to protect the City's interests.
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CHAPTER III—PUBLIC PROPERTY & IMPROVEMENTS
4. Fences may only be erected over an easement if the landowner meets the
requirements of Section 302.03(b). If the request for the fence is
approved, the City retains the right to require the landowner to remove or
abate the fence where the fence interferes in any manner with the City's
easement use. If there is an emergency necessitating immediate access to
the easement, the City reserves the right to remove the fence to obtain
access to the easement. The landowner shall bear all costs for removal
and restoration of the fence in the event the landowner is required to
remove the fence for access to the easement or in the event the City
removes the fence in the case of an emergency. The City specifically
reserves all rights of an easement holder afforded under the common law
of the State of Minnesota.
c) Nothing stated herein shall deny the City the right to request a landowner to
remove or abate any permitted use or activity existing in the easement where the
use or activity directly interferes in any manner with the City's easement use, if
the City is currently engaging in the use or intends on engaging in the use. The
City specifically reserves all rights of an easement holder afforded under the
common law of the State of Minnesota.
Section 302.03 amended 12/06
Section 302.04: PRE-EXISTING USES.
a) A preexisting use, which is not otherwise specifically permitted by this ordinance,
shall be discontinued and removed from the easement within 60 days of
enactment of this ordinance, except as provided below:
b) The following prohibited pre-existing uses shall be allowed to continue under the
terms set forth in paragraph (c) herein:
1. Trees, shrubs, bushes and fences which are not inconsistent or interfering
with and the City's easements use.
2. Structures or buildings which are not inconsistent or interfering with the
City's easement use.
c) No pre-existing prohibited uses, allowed to be continued under paragraph (b) of
this section, shall be enlarged, nor shall they be altered, improved, repaired or
restored. If the pre-existing prohibited use is discontinued or substantially
destroyed, the right to maintain the pre-existing prohibited use is lost.
Section 302.05: ENFORCEMENT.
a) The City Maintenance Supervisor shall serve as compliance officer to provide
inspection and enforcement of this ordinance. When the Maintenance Supervisor
becomes aware of a violation of this ordinance, the violation shall be reported to
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CHAPTER III—PUBLIC PROPERTY & IMPROVEMENTS
the City Council which shall direct the Clerk/Administrator to send written notice
of the violation to the landowner directing the landowner to bring the property
into compliance with the ordinance within 30 days. The Maintenance Supervisor
shall inspect the property at the end of the 30 day compliance period, ad if the
property has not been brought into compliance, the Maintenance Supervisor shall
notify the police department to issue a complaint and request the issuance of a
criminal citation.
b) If the landowner refuses to remove or abate a prohibited use within the easement,
or if a pre-existing use permitted under Section 302.04 (b) interferes with the
City's easement use, in addition to the procedure set forth in Section 302.05(a),
the City may take any reasonable steps to remove or abate the use and assess the
cost of removal or abatement to the property.
C) The City shall not be liable for any damage to the property of the landowner in the
easement or damage to any structures located in the easement which are removed
or abated in the City while engaging in the City's easement use.
Section 302.06: PENALTY. A violation of this ordinance shall constitute a
misdemeanor and shall be punishable as such.
Section 302.07: EFFECTIVE DATE. For purposes of determining preexisting uses, this
ordinance became effective September 1, 1990.
302-4
CHAPTER III—PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 303 CONSTRUCTION, REPAIR & MAINTENANCE OF SIDEWALKS. 303-1
Section 303.01: SIDEWALK CONSTRUCTION....................................................... 303-1
Section 303.02: SIDEWALK ASSESSMENT............................................................ 303-1
Section 303.03: REMOVAL OF SNOW AND OBSTRUCTIONS ............................. 303-1
Section 303.04: SIDEWALK REPAIR....................................................................... 303-1
Section 303.05: SIDEWALK SPECIFICATIONS ...................................................... 303-2
Section 303.06: PUBLIC SAFETY DISTRICT.......................................................... 303-2
303-0
CHAPTER III—PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 303 CONSTRUCTION, REPAIR & MAINTENANCE OF SIDEWALKS
Section 303.01: SIDEWALK CONSTRUCTION. All sidewalks in the City unless
otherwise specially ordered by the City Council, shall be constructed of concrete and shall
conform to the grade lines established by the City Council under its discretion. All existing
sidewalks in the City shall be maintained, repaired or rebuilt at their present width. All
sidewalks hereafter to be constructed shall be six feet in width and the side of the walk toward
the center of the street upon which it is built is to be six feet from the side of the street on which
it is built, unless otherwise specially ordered by the City Council.
Section 303.02: SIDEWALK ASSESSMENT. The cost of construction, repair and
maintenance of the sidewalks shall be borne by the lots, parts of lots and lands fronting upon the
side of the street upon which sidewalks are built and shall be determined and assessed by the
City Council in the manner provided by law;provided, however, that the City Council may by
resolution levy and assess only a part of the cost of the construction of the sidewalks upon the
lots, parts of lots and lands fronting on the side of the street upon which the sidewalks are built,
but not less than one half of the cost.
Section 303.03: REMOVAL OF SNOW AND OBSTRUCTIONS. The owner of each
lot, part of lot, parcel and piece of land within the City shall remove or cause to be removed from
the sidewalks or walks adjacent thereto all snow, ice, dirt and rubbish within twenty four hours
after the same has been deposited on the sidewalk or walk. If such owner fails or neglects to
remove the same within twenty four hours, the City Council may cause the same to be removed
and shall assess the cost of removal against the fronting lots,parts of lots, parcels and pieces of
land. The City Administrator/Clerk shall notify the owner of the lot, part of lot, parcel or piece
of land so assessed with the cost of removal, by advising of the amount of the assessment and
requiring the owner to pay the amount of the assessment to the City Treasurer within thirty days
of the date of notice. In the event that the owner fails or neglects to pay the assessment within
this time, the City Administrator/Clerk shall certify the assessment to the County Auditor for
certification and taxation. Any notices to the property owner shall be by mail addressed to the
owner at his last known address which is the address of the property in question.
Section 303.04: SIDEWALK REPAIR. If any sidewalk in the City is found to be
defective and in need of repair, the City Council may direct the City Administrator/Clerk to
notify the owner of the lot,part of lot, piece or parcel of land abutting upon the sidewalk and
require the owner to repair the sidewalk within sixty days after the date of notice. This notice
shall be served on the owner by either delivering a copy to the owner personally or by mailing
the notice to the owner at his last known post office address or at the address of the property in
question. If the owner fails or neglects to make repairs within sixty days after delivery of notice,
the City Council may cause a defective sidewalk to be repaired and assess the cost of repair
against the abutting lots,parts of lots,pieces or parcels of land. The City Administrator/Clerk
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CHAPTER III—PUBLIC PROPERTY & IMPROVEMENTS
shall notify the owner of the property against which assessment is made of the amount of the
assessment and shall require the owner to pay this assessment to the City Treasurer within thirty
days after the date of notice. In the event the owner fails or neglects to pay the assessment
within ninety days, the City Administrator/Clerk shall certify the assessment to the County
Auditor for certification and collection as in the case of other property taxes. Notice of the
amount of the assessment shall be given by mailing a notice to the owner of the property at his
last known post office address or at the address of the property in question.
Section 303.05: SIDEWALK SPECIFICATIONS. The City Engineer, working in
conjunction with the Superintendent of Public Works, shall develop specifications governing the
construction of sidewalks. These specifications shall be maintained on file at the office of the
Superintendent of Public Works. All sidewalks shall be constructed, reconstructed or repaired
consistent with these specifications.
Section 303.06: PUBLIC SAFETY DISTRICT. The City Council may establish by
resolution a Public Safety District within which it may promulgate additional rules and
regulations relating to the construction and maintenance of sidewalks, including but not limited
to the assumption of construction and maintenance expense by the City. Rules and regulations
promulgated by the City for application in a Public Safety District may supersede the general
requirements of the ordinance within the designated district. Areas which may be designated as
part of a Public Safety District are commercial areas, streets subject to extensive pedestrian
traffic and street adjacent to schools and parks.
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CHAPTER III – PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 304 MANAGEMENT, ADMINISTRATION AND PERMITTING OF
ACTIVITIES IN PUBLIC RIGHTS OF WAY ..................................... 304-1
Section 304.01: FINDINGS, PURPOSE, AND INTENT ............................................ 304-1
Section 304.02: ELECTION TO MANAGE THE PUBLIC RIGHTS-OF-WAY ........ 304-1
Section 304.03: DEFINITIONS .................................................................................. 304-1
Section 304.04: ADMINISTRATION ........................................................................ 304-7
Section 304.05: REGISTRATION AND RIGHT-OF-WAY OCCUPANCY .............. 304-7
Section 304.06: REGISTRATION INFORMATION .................................................. 304-8
Section 304.07: REPORTING OBLIGATIONS ......................................................... 304-9
Section 304.08: PERMIT REQUIREMENT ..............................................................304-10
Section 304.09: PERMIT APPLICATIONS ..............................................................304-11
Section 304.10: ISSUANCE OF PERMIT; CONDITIONS .......................................304-11
Section 304.11: ACTION ON SMALL WIRELESS FACILITY PERMIT
APPLICATIONS .......................................................................................................304-12
Section 304.12: PERMIT FEES .................................................................................304-13
Section 304.13: RIGHT-OF-WAY PATCHING AND RESTORATION ...................304-14
Section 304.14: JOINT APPLICATIONS ..................................................................304-15
Section 304.15: SUPPLEMENTARY APPLICATIONS ...........................................304-15
Section 304.16: OTHER OBLIGATIONS .................................................................304-16
Section 304.17: DENIAL OF PERMIT .....................................................................304-16
Section 304.18: INSTALLATION REQUIREMENTS ..............................................304-16
Section 304.19: INSPECTION ..................................................................................304-17
Section 304.20: WORK DONE WITHOUT A PERMIT ............................................304-17
Section 304.21: SUPPLEMENTARY NOTIFICATION ............................................304-18
Section 304.22: REVOCATION OF PERMITS .........................................................304-18
Section 304.23: MAPPING DATA ............................................................................304-19
Section 304.24: LOCATION AND RELOCATION OF FACILITIES .......................304-20
Section 304.25: PRE-EXCAVATION FACILITIES LOCATION .............................304-20
Section 304.26: DAMAGE TO OTHER FACILITIES ..............................................304-21
Section 304.27: RIGHT-OF-WAY VACATION .......................................................304-21
Section 304.28: INDEMNIFICATION AND LIABILITY .........................................304-21
Section 304.29: ABANDONED AND UNUSABLE FACILITIES ............................304-21
Section 304.30: APPEAL ..........................................................................................304-21
Section 304.31: RESERVATION OF REGULATORY AND POLICE POWERS .....304-21
Section 304.32: SEVERABILITY .............................................................................304-22
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ORDINANCE 304 MANAGEMENT, ADMINISTRATION AND PERMITTING OF
ACTIVITIES IN PUBLIC RIGHTS OF WAY
Section 304.01: FINDINGS, PURPOSE, AND INTENT. To provide for the health,
safety and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use
of the rights-of-way, the City strives to keep its rights-of-way in a state of good repair and free
from unnecessary encumbrances.
Accordingly, the City hereby enacts this new chapter of this code relating to right-of-way
permits and administration. This chapter imposes reasonable regulation on the placement and
maintenance of facilities and equipment currently within its rights-of-way or to be placed therein
at some future time. It is intended to complement the regulatory roles of state and federal
agencies. Under this chapter, persons excavating and obstructing the rights-of-way will bear
financial responsibility for their work. Finally, this chapter provides for recovery of out-of-
pocket and projected costs from persons using the public rights-of-way.
This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123,
substantially codified in Minn. Stat. §237.16, §237.162, §237.163, §237.79, §237.81, and
§238.086 (the "Act") and 2017 Minn. Laws, ch. 94, art. 9, amending the Act, and the other laws
governing applicable rights of the City and users of the right-of-way. This chapter shall also be
interpreted consistent with Minnesota Rules 7819.0050 - 7819.9950 and Minnesota Rules, ch.
7560 where possible. To the extent any provision of this chapter cannot be interpreted
consistently with the Minnesota Rules, that interpretation most consistent with the Act and other
applicable statutory and case law is intended. This chapter shall not be interpreted to limit the
regulatory and police powers of the City to adopt and enforce general ordinances necessary to
protect the health, safety and welfare of the public.
Section 304.02: ELECTION TO MANAGE THE PUBLIC RIGHTS-OF-WAY.
Pursuant to the authority granted to the City under state and federal statutory, administrative and
common law, the City hereby elects, pursuant Minn. Stat. 237.163, Subd. 2(b), to manage rights-
of-way within its jurisdiction.
Section 304.03: DEFINITIONS. The following definitions apply in this chapter of this
code. References hereafter to "sections" are, unless otherwise specified, references to sections in
this chapter. Defined terms remain defined terms, whether or not capitalized.
"Abandoned Facility" means a facility no longer in service or physically disconnected
from a portion of the operating facility, or from any other facility, that is in use or still carries
service. A facility is not abandoned unless declared so by the right-of-way user.
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"Applicant" means any person requesting permission to excavate or obstruct a right-of-
way.
"City" means the City of St. Joseph, Minnesota. For purposes of section 304.27, "City"
means its elected officials, officers, employees and agents.
“Collocate” or “collocation” means to install, mount, maintain, modify, operate, or
replace a small wireless facility on, under, within, or adjacent to an existing wireless support
structure that is owned privately or by the City or other governmental unit.
"Commission" means the State Public Utilities Commission.
“Congested Right-of-Way" means a crowded condition in the subsurface of the public
right-of-way that occurs when the maximum lateral spacing between existing underground
facilities does not allow for construction of new underground facilities without using hand,
digging to expose the existing lateral facilities in conformance with Minn. Stat. §216D.04, subd.
3, over a continuous length in excess of 500 feet.
“Construction Performance Bond" means any of the following forms of security provided
at permittee's option:
a) Individual project bond;
b) Cash deposit;
c) Security of a form listed or approved under Minn. Stat. Sec. 15.73, Subd. 3;
d) Letter of Credit, in a form acceptable to the City;
e) A blanket bond for projects within the city, or other form of construction bond,
for a time specified and in a form acceptable to the City.
"Degradation" means a decrease in the useful life of the right-of-way caused by
excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-
of-way earlier than would be required if the excavation or disturbance did not occur.
"Degradation Cost" subject to Minnesota Rules 7819.1100 means the cost to achieve a
level of restoration, as determined by the City at the time the permit is issued, not to exceed the
maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to
7819.9950.
"Degradation Fee" means the estimated fee established at the time of permitting by the
City to recover costs associated with the decrease in the useful life of the right-of-way caused by
the excavation, and which equals the degradation cost.
"Department" means the department of public works of the City.
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"Department Inspector" means any person authorized by the City to carry out inspections
related to the provisions of this chapter.
“Director” means the director of the department of public works of the City, or his or her
designee.
"Delay Penalty" is the penalty imposed as a result of unreasonable delays in right-of-way
excavation, obstruction, patching, or restoration as established by permit.
"Emergency" means a condition that (1) poses a danger to life or health, or of a
significant loss of property; or (2) requires immediate repair or replacement of facilities in order
to restore service to a customer.
"Equipment" means any tangible asset used to install, repair, or maintain facilities in any
right-of-way.
"Excavate" means to dig into or in any way remove or physically disturb or penetrate any
part of a right-of-way.
"Excavation permit" means the permit which, pursuant to this chapter, must be obtained
before a person may excavate in a right-of-way. An Excavation permit allows the holder to
excavate that pact of the right-of-way described in such permit. Persons who are under contract
with the City, or with a developer who has an executed developer agreement with the City, to
construct public improvements that the City will take over and own at the completion of the
project, are not required to obtain a permit under the terms of this ordinance unless they are
working in the public right-of-way outside of the project construction limits.
"Excavation permit fee" means money paid to the City by an applicant to cover the costs
as provided in Section 304.11.
“Facility" or "Facilities" means any tangible asset in the right-of-way required to provide
Utility Service.
"Five-year Capital Improvement Plan" shows projects adopted by the City for
construction within the next five years.
"High Density Corridor" means a designated portion of the public right-of-way within
which telecommunications right-of-way users having multiple and competing facilities may he
required to build and install facilities in a common conduit system or other common structure.
"Hole" means an excavation in the pavement, with the excavation having a length less
than the width of the pavement.
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“Local Representative" means a local person or persons, or designee of such person or
persons, authorized by a registrant to accept service and to make decisions for that registrant
regarding all matters within the scope of this chapter.
“Management Costs or rights-of-way management costs" means the actual costs the City
incurs in managing its public rights-of-way, and includes such costs, if incurred, as those
associated with registering applicants; issuing, processing, and verifying right-of-way or small
wireless facility permit applications; inspecting job sites and restoration projects; maintaining,
supporting, protecting, or moving user equipment during public right-of-way work; determining
the adequacy of right-of-way restoration; restoring work inadequately performed after providing
notice and the opportunity to correct the work; and revoking right-of-way or small wireless
facility permits. Management costs do not include:
(1) payment by a telecommunications right-of-way user for the use of the public right-
of-way;
(2) unreasonable fees of a third-party contractor used by a local government unit as part
of managing its public rights-of-way, including but not limited to any third-party
contractor fee tied to or based upon customer counts, access lines, revenue generated
by the telecommunications right-of-way user, or revenue generated for a local
government unit; or
(3) the fees and cost of litigation relating to the interpretation of Minn. Stat. §237.163; or
any ordinance enacted under those sections, or the City fees and costs related to
appeals taken pursuant to Section 237.163, subdivision 5.
“Micro wireless facility” means a small wireless facility that is no larger than 24 inches
long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than
11 inches.
“Obstruct" means to place any tangible object in a right-of-way so as to hinder free and
open passage over that or any part of the right-of-way.
"Objection Permit" means the permit which, pursuant to this chapter, must be obtained
before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage
over the specified portion of that right-of-way, for the duration specified therein.
"Obstruction Permit Fee" means money paid to the City by a permittee to cover the costs
as provided in Section 304.11.
“Patch" or "Patching" means a method of pavement replacement that is temporary in
nature. A patch consists of (1) the compaction of the subbase and aggregate base, and (2) the
replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of
the excavation in all directions. A patch is considered full restoration only when the pavement is
included in the City's five-year Capital Improvement Plan..
"Pavement" means any type of improved surface that is within the public right-of-way
and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel.
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"Permit” has the meaning given "right-of-way permit" in Minn. Stat. §237.162.
"Permittee" means any person to whom a permit to excavate or obstruct a right-of-way
has been granted by the City under this chapter.
"Person" means an individual or entity subject to the laws and rules of this state, however
organized, whether public or private, whether domestic or foreign, whether for profit or
nonprofit, and whether natural, corporate, or political
"Registrant" means any person who (1) has or seeks to have its equipment or facilities
located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the
right-of-way or place its facilities or equipment in the right-of-way.
"Restore" or "Restoration" means the process by which an excavated right-of-way and
surrounding area, including pavement and foundation and turf, is returned to the same condition
and life expectancy that existed before excavation.
"Restoration Cost" means the amount of money paid to the City by a permittee to achieve
the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission
rules.
"Public Right-of-Way" or Right of Way means the area on, below, or above a public
roadway, highway, street, cartway, bicycle lane or public sidewalk in which the City has an
interest, including other dedicated rights-of-way for travel purposes and utility easements of the
City. A right-of-way does not include the airwaves above a right-of-way with regard to cellular
or other nonwire telecommunications or broadcast service.
"Right-of-Way (ROW) Permit" means either the excavation permit the obstruction
permit, or the small wireless facility permit, or all types of ROW permit authorized by law or
oridinance, depending on the context, required by this chapter.
"Right-of-Way User" means (1) a telecommunications right-of-way user as defined by
Minn. Stat. §237.162, Subd. 4; or (2) a person owning or controlling a facility in the right-of-way
that is used or intended to be used for providing utility service, and who has a right under law,
franchise, or ordinance to use the public right-of-way.
"Service" or "Utility Service" includes (1) those services provided by a public utility as
defined in Minn. Stat. 216B.02, Subds. 4 and 6; (2) services of a telecommunications right-of-
way user, including transporting of voice or data information; (3) services of a cable
communications system as defined in Minn. Stat. Chapter. 238; (4) natural gas or electric energy
or telecommunications services provided by the City; (5) services provided by a cooperative
electric association organized under Minn. Stat., Chapter 308A; and (6) water, and sewer,
including service laterals, steam, cooling or heating services.
“Service Lateral” means an underground facility that is used to transmit, distribute, or
furnish gas, electricity, communications, or water from a common source to an end-use
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customer. A service lateral is also an underground facility that is used in the removal of
wastewater from a customer’s premises.
“Small wireless facility” means:
(a) A wireless facility that meets both of the following qualifications:
(1) each antenna is located inside an enclosure of no more than six cubic feet in
volume or, in the case of an antenna that has exposed elements, the antenna and
all its exposed elements could fit within an enclosure of no more than six cubic
feet; and
(2) all other wireless equipment associated with the small wireless facility, excluding
electric meters, concealment elements, telecommunications demarcation boxes,
battery backup power systems, grounding equipment, power transfer switches,
cutoff switches, cable conduit, vertical cable runs for the connection of power and
other services, and any equipment concealed from public view within or behind
an existing structure or concealment, is in aggregate no more than 28 cubic feet in
volume; or
(b) A micro wireless facility.
"Supplementary Application" means an application made to excavate or obstruct more of
the right-of-way than allowed in, or to extend, a permit that had already been issued.
"Telecommunication right-of-way user" means a person owning or controlling a facility
in the public right-of-way, or seeking to own or control a facility in the public right-of-way that
is used or is intended to be used for providing wireless service, or transporting
telecommunication or other voice or data information. A cable communication system defined
and regulated under Minn. Stat. Chap. 238, and telecommunication activities related to providing
natural gas or electric energy services, a public utility as defined in Minn. Stat. Sec. 216B.02, a
municipality, a municipal gas or power agency organized under Minn. Stat. Chaps. 453 and
453A, or a cooperative electric association organized under Minn. Stat. Chap. 308A, are not
telecommunications right-of-way users for the purposes of Minn Stat. Sec. 237.163, except to the
extent these entities are offering wireless services.
"Temporary Surface" means the compaction of subbase and aggregate base and
replacement, in kind, of the existing pavement only to the edges of the excavation. It is
temporary in nature except when the replacement is of pavement scheduled for removal and
reconstruction within one calendar year.
"Trench" means an excavation in the pavement, with the excavation leaving a length
equal to or greater than the width of the pavement.
"Two Year project Plan" shows projects adopted by the City for construction within the
next two years.
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“Utility pole” means a pole that is used in whole or in part to facilitate
telecommunications or electric service.
“Wireless facility” means:
(a) Equipment at a fixed location that enables the provision of wireless services between
user equipment and a wireless service network, including:
(1) equipment associated with wireless service;
(2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup
power supplies, and comparable equipment, regardless of technological
configuration; and
(3) a small wireless facility.
(b) “Wireless facility” does not include:
(1) wireless support structures;
(2) wireline backhaul facilities; or
(3) coaxial or fiber-optic cables (i) between utility poles or wireless support
structures, or (ii) that are not otherwise immediately adjacent to or directly
associated with a specific antenna.
“Wireless service” means any service using licensed or unlicensed wireless spectrum,
including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is
provided using wireless facilities. Wireless service does not include services regulated under
Title VI of the Communications Act of 1934, as amended, including a cable service under United
States Code, title 47, section 522, clause (6).
“Wireless support structure” means a new or existing structure in a public right-of-way
designed to support or capable of supporting small wireless facilities, as reasonably determined
by the City.
“Wireline backhaul facility” means a facility used to transport communications data by
wire from a wireless facility to a communications network.
Section 304.04: ADMINISTRATION. The Public Works Director is the principal City
official responsible for the administration of the rights-of-way, right-of-way permits, and the
ordinances related thereto. The director may delegate any or all of the duties hereunder.
Section 304.05: REGISTRATION AND RIGHT-OF-WAY OCCUPANCY.
Subd. 1: Registration. Each person who occupies or uses, or seeks to occupy or use, the
right-of-way or place any equipment or facilities in or on the right-of-way, including persons
with installation and maintenance responsibilities by lease, sublease or assignment, must register
with the City. Registration will consist of providing application information and paying a
registration fee.
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Subd. 2: Registration Prior to Work. No person may construct, install, repair, remove,
relocate, or perform any other work on, or use any facilities or any part thereof, in any right-of-
way without first being registered with the City.
Subd. 3: Exceptions. Nothing herein shall be construed to repeal or amend the
provisions of a City ordinance permitting persons to plant or maintain boulevards in the area of
the right-of-way between their property and the street curb. Persons planting or maintaining
boulevards shall not be deemed to use or occupy the right-of-way, and shall not be required to
obtain any permits or satisfy any other requirements for planting or maintaining such boulevard
plantings or gardens under this chapter. However, nothing herein relieves a person from
complying with the provisions of the Minn. Star. Chap. 216D, Gopher One Call Law.
Section 304.06: REGISTRATION INFORMATION.
Subd. 1: Information Required. The information provided to the City at the time of
registration shall include, but not be limited to:
a) Each registrant's name, Gopher One-Call registration certificate number, address
and e-mail address, if applicable, and telephone and facsimile numbers.
b) The name, address and e-mail address, if applicable, and telephone and facsimile
numbers of a local representative. The local representative or designee shall be
available at all times. Current information regarding how to contact the local
representative in an emergency shall be provided at the time of registration.
c) A certificate of insurance or self-insurance:
1. Verifying that an insurance policy has been issued to the registrant by an
insurance company licensed to do business in the State of Minnesota, or a
form of self-insurance acceptable to the City;
2. Verifying that the registrant is insured against claims for personal injury,
including death, as well as claims for property damage arising out of the
(i) use and occupancy of the right of way by the registrant, its officers,
agents, employees and permittees, and (ii) placement and use of facilities
and equipment in the right-of-way by the registrant, its officers, agents,
employees and permittees, including, but not limited to, protection against
liability arising from completed operations, damage of underground
facilities, collapse of property, and explosion (XCU) coverage;
3. Naming the City as an additional insured as to whom the coverages
required herein are in force and applicable and for whom defense will be
provided as to all such coverages;
4. Requiring that the City be notified thirty (30) days in advance of
cancellation of the policy or material modification of a coverage term; and
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5. Indicating comprehensive liability coverage, automobile liability
coverage, workers compensation and umbrella coverage established by the
City in the following amounts: $1 million per occurrence and $2 million
in the aggregate.
d) The City may require a copy of the actual insurance policies.
e) If the person is a corporation, a copy of the certificate is required to be filed under
Minn. Stat. 300.06 as recorded and certified to by the Secretary of State.
f) A copy of the person's order granting a certificate of authority from the Minnesota
Public Utilities Commission or other applicable state or federal agency, where the
person is lawfully required to have such certificate from said commission or other
state or federal agency.
Subd. 2: Notice of Changes. The registrant shall keep all of the information listed above
current at all times by providing to the City information as to changes within fifteen (15) days
following the date on which the registrant has knowledge of any change.
Section 304.07: REPORTING OBLIGATIONS.
Subd. 1: Operations. Each registrant shall, at the time of registration and by December 1
of each year, file a construction and major maintenance plan for underground facilities with the
City. Such plan shall be submitted using a format designated by the City and shall contain the
information determined by the City to be necessary to facilitate the coordination and reduction in
the frequency of excavations and obstructions of rights-of-way.
The plan shall include, but not be limited to, the following information:
a) The locations and the estimated beginning and ending dates of all projects to be
commenced during the next calendar year (in this section, a "next-year project");
and
b) To the extent known, the tentative locations and estimated beginning and ending
dates for all projects contemplated for the five years following the next calendar
year (in this section, a "five-year project").
The term "project" in this section shall include both next-year projects and five-year
projects.
By January 1 of each year, the City will have available for inspection in the City's office
a composite list of all projects of which the city has been informed of the annual plans. All
registrants are responsible for keeping themselves informed of the current status of this list.
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Thereafter, by February 1, each registrant may change any project in its list of next-year
projects, and must notify the City and all other registrants of all such changes in said list.
Notwithstanding the foregoing, a registrant may at any time join in a next-year project of another
registrant listed by the other registrant.
Subd. 2: Additional Next-Year Projects. Notwithstanding the foregoing, the City will not
deny an application for a right-of-way permit for failure to include a project in a plan submitted
to the City if the registrant has used commercially reasonable efforts to anticipate and plan for
the project.
Section 304.08: PERMIT REQUIREMENT.
Subd. 1: Permit Required. Except as otherwise provided in this code, no person may
obstruct or excavate any right-of-way, or install or place facilities in the right of way, without
first having obtained the appropriate right-of-way permit from the City to do so.
a) Excavation Permit. An excavation permit is required by a registrant to excavate
that part of the right-of-way described in such permit and to hinder free and open
passage over the specified portion of the right-of-way by placing facilities
described therein, to the extent and for the duration specified therein.
b) Obstruction Permit. An obstruction permit is required by a registrant to hinder
free and open passage over the specified portion of right-of-way by placing
equipment described therein on the right-of-way, to the extent and for the duration
specified therein. An obstruction permit is not required if a person already
possesses a valid excavation permit for the same project.
c) Small Wireless Facility Permit. A small wireless facility permit is required by a
registrant to erect or install a wireless support structure, to collocate a small
wireless facility, or to otherwise install a small wireless facility in the specified
portion or the right of way, to the extent specified therein, provided that such
permit shall remain in effect for the length of time the facility is in use, unless
lawfully revoked.
Subd. 2: Permit Extensions. No person may excavate or obstruct the right-of-way
beyond the date or dates specified in the permit unless (i) such person makes a supplementary
application for another right-of-way permit before the expiration of the initial permit, and (ii) a
new permit or permit extension is granted.
Subd. 3: Delay Penalty. In accordance with Minnesota Rule 7819.1000 subd. 3 and
notwithstanding subd. 2 of this Section, the City shall establish and impose a delay penalty for
unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay
penalty shall be established from time to time by City Council resolution.
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Subd. 3: Permit Display. Permits issued under this chapter shall be conspicuously
displayed or otherwise available at all times at the indicated work site and shall be available for
inspection by the City.
Section 304.09: PERMIT APPLICATIONS. Application for a permit is made to the
City. Right-of-way permit applications shall contain, and will be considered complete only upon
compliance with, the requirements of the following provisions:
a) Registration with the City pursuant to this chapter;
b) Submission of a completed permit application form, including all required
attachments, and scaled drawings showing the location and area of the proposed
project and the location of all known existing and proposed facilities.
c) Payment of money due the City for:
1. permit fees, estimated restoration costs and other management costs;
2. prior obstructions or excavations;
3. any undisputed loss, damage, or expense suffered by the City because of
applicant's prior excavations or obstructions of the rights-of-way or any
emergency actions taken by the City;
4. franchise fees or other charges, if applicable.
d) Payment of disputed amounts due the City by posting security or depositing in an
escrow account an amount equal to at least 110% of the amount owing.
e) Posting an additional or larger construction performance bond for additional
facilities when applicant requests an excavation permit to install additional
facilities and the City deems the existing construction performance bond
inadequate under applicable standards.
Section 304.10: ISSUANCE OF PERMIT; CONDITIONS.
Subd. 1: Permit Issuance. If the applicant has satisfied the requirements of this chapter,
the City shall issue a permit.
Subd. 2: Conditions. The City may impose reasonable conditions upon the issuance of
the permit and the performance of the applicant thereunder to protect the health, safety and
welfare or when necessary to protect the right-of-way and its current use. In addition, a permittee
shall comply with all requirements of local, state and federal laws, including but not limited to
Minnesota Statutes §§ 216D.01 - .09 (Gopher One Call Excavation Notice System) and
Minnesota Rules Chapter 7560.
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Subd. 3: Small Wireless Facility Conditions. In addition to Subd. 2, the erection or
installation of a wireless support structure, the collocation of a small wireless facility, or other
installation of a small wireless facility in the right-of-way, shall be subject to the following
conditions:
a) A small wireless facility shall only be collocated on the particular wireless
support structure, under those attachment specifications, and at the height
indicated in the applicable permit application.
b) No new wireless support structure installed within the right-of-way shall exceed
50 feet in height without the City’s authorization, provided that the City may
impose a lower height limit in the applicable permit to protect the public health,
safety, and welfare or to protect the right-of-way and its current use, and further
provided that a registrant may replace an existing wireless support structure
exceeding 50 feet in height with a structure of the same height subject to such
conditions or requirements as may be imposed in the applicable permit.
c) No wireless facility may extend more than 10 feet above its wireless support
structure.
d) Where an applicant proposes to install a new wireless support structure in the
right-of-way, the City may impose separation requirements between such
structure and any existing wireless support structure or other facilities in and
around the right-of-way.
e) Where an applicant proposes collocation on a decorative wireless support
structure, sign or other structure no intended to support small wireless facilities,
the City may impose reasonable requirements to accommodate the particular
design, appearance or intended purpose of such structure.
f) Where an applicant proposes to replace a wireless support structure, the City may
impose reasonable restocking, replacement, or relocation requirements on the
replacement of such structure.
Subd. 4: Small Wireless Facility Agreement. A small wireless facility shall only be
collocated on a small wireless support structure owned or controlled by the City, or any
other city asset in the right-of-way, after the applicant has executed a standard wireless
facility collocation agreement with the City. The standard collocation agreement shall
require payment for fees or charges allowed under Minnesota Statutes, Section 237.163,
Subd. 6. The standard collocation agreement shall be in addition to, and not in lieu of,
the required small wireless facility permit, provided, however, that the applicant shall not
be additionally required to obtain a license or franchise in order to collocate. Issuance of
a small wireless facility permit does not supersede, alter or affect any then-existing
agreement between the City and applicant.
Section 304.11 ACTION ON SMALL WIRELESS FACILITY PERMIT
APPLICATIONS.
Subd. 1: Deadline for Action. The City shall approve or deny a small wireless facility
permit application within 90 days after filing of such application. The small wireless
facility permit, and any associated building permit application, shall be deemed approved
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if the City fails to approve or deny the application within the review periods established
in this Section.
Subd. 2: Consolidated Applications. An applicant may file a consolidated small wireless
facility permit application to collate up to 15 small wireless facilities, or a greater number
if agreed by the Director, provided that all the small wireless facilities in the application:
a) are located within a two-mile radius;
b) consist of substantially similar equipment; and
c) are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, the Director may approve a
permit for some small wireless facility and deny a permit for others, but may not use
denial of one or more permits as a basis to deny all the small wireless facilities in the
application.
Subd. 3: Extending or Tolling of Deadline. For the purposes of this subdivision, “toll the
90-day clock” means to halt the progression of days that count towards the 90-day
deadline. The 90-day deadline for action on a small wireless facility permit application
may be extended or tolled if:
a) The City receives applications within a single seven-day period from one or more
applicants seeking approval of permits for more than 30 small wireless facilities, the
City may extend the 90-day deadline imposed in Minnesota Statute 237.163 Subd. 3c
by an additional 30 days. If the City elects to invoke this extension, the City must
inform in writing any applicant to whom the extension will be applied.
b) The applicant fails to submit all required documents or information, the City may toll
the 90-day clock if the City provides written notice of incompleteness to the applicant
within 30 days of receipt of the application, clearly and specifically delineating all
missing documents or information. Upon an applicant’s submittal of additional
documents or information in response to a notice of incompleteness, the City has ten
days to notify the applicant in writing of any information requested in the initial
notice of incompleteness that is still missing.
c) The applicant and City have mutually agreed in writing to extend the 90-day deadline.
Section 304.12: PERMIT FEES.
Subd. 1: Excavation Permit Fee. The City shall establish an Excavation permit fee in an
amount sufficient to recover the following costs:
a) the City management costs;
b) degradation costs, if applicable.
Subd. 2: Obstruction Permit Fee. The City shall establish the obstruction permit fee and
shall be in an amount sufficient to recover the City management costs.
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Subd. 3: Small Wireless Facility Permit Fees. The City shall establish the small wireless
facility permit fee in an amount sufficient to recover:
a) management costs, and;
b) city engineering, make-ready, and construction costs associated with collocation
of small wireless facilities.
Subd. 3: Payment of Permit Fees. No excavation permit, obstruction permit, or small
wireless facility permit shall be issued without payment of excavation, obstruction, or small
wireless facility permit fees. The City may allow applicant to pay such fees within thirty (30)
days of billing.
Subd. 4: Non Refundable. Permit fees that were paid for a permit that the City has
revoked for a breach as stated in Section 304.21 are not refundable.
Subd. 5: Application to Franchises. Unless otherwise agreed to in a franchise,
management costs may be charged separately from and in addition to the franchise fees imposed
on a right-of-way user in the franchise.
Section 304.13: RIGHT-OF-WAY PATCHING AND RESTORATION.
Subd. 1: Timing. The work to be done under the excavation permit, and the patching and
restoration of the right-of-way as required herein, must be completed within the dates specified
in the permit, increased by as many days as work could not be done because of circumstances
beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable
under Section 304.15.
Subd. 2: Patch and Restoration. Permittee shall patch its own work. The City may choose
either to have the permittee restore the right-of-way or to restore the right-of-way itself.
a) City Restoration. If the City restores the right-of-way, permittee shall pay the
costs thereof within thirty (30) days of billing. If, following such restoration, the
pavement settles due to permittee's improper backfilling, the permittee shall pay
to the City, within thirty (30) days of billing, all costs associated with correcting
the defective work.
b) Permittee Restoration. If the permittee restores the right-of-way itself, it shall at
the time of application for an excavation permit post a construction performance
bond in accordance with the provisions of Minnesota Rule 7819.3000.
c) Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a
right-of-way user may elect to pay a degradation fee. However, the right-of-way
user shall remain responsible for patching and the degradation fee shall not
include the cost to accomplish these responsibilities.
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Subd. 3: Standards. The permittee shall perform excavation, backfilling, patching and
restoration according to the standards and with the materials specified by the City and shall
comply with Minnesota Rule 7819.1100.
Subd. 4: Duty to Correct Defects. The permittee shall correct defects in patching or
restoration performed by permittee or its agents. The permittee upon notification from the City,
shall correct all restoration work to the extent necessary, using the method required by the City.
Said work shall be completed within five (5) calendar days of the receipt of the notice from the
City, not including days during which work cannot be done because of circumstances
constituting force majeure or days when work is prohibited as unseasonable or unreasonable
under Section 304.15.
Subd. 5: Failure to Restore. If the permittee fails to restore the right-of-way in the
manner and to the condition required by the City, or fails to satisfactorily and timely complete all
restoration required by the City, the City at its option may do such work. In that event the
permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right-
of-way. If permittee fails to pay as required, the City may exercise its rights under the
construction performance bond.
Section 304.14: JOINT APPLICATIONS
Subd. 1: Joint Application. Registrants may jointly apply for permits to excavate or
obstruct the right-of-way at the same place and time.
Subd. 2: Shared Fees. Registrants who apply for permits for the same obstruction or
excavation, which the city does not perform, may share in the payment of the obstruction or
excavation permit fee. In order to obtain a joint permit, registrants must agree among themselves
as to the portion each will pay and indicate the same on their applications.
Subd. 3: With City Projects. Registrants who join in a scheduled obstruction or
excavation performed by the City, whether or not it is a joint application by two or more
registrants or a single application, are not required to pay the excavation or obstruction and
degradation portions of the permit fee, but a permit would still be required.
Section 304.15: SUPPLEMENTARY APPLICATIONS.
Subd. 1: Limitation on Area. A right-of-way permit is valid only for the area of the right-
of-way specified in the permit. No permittee may do any work outside the area specified in the
permit, except as provided herein. Any permittee which determines that an area greater than that
specified in the permit must be obstructed or excavated must before working in that greater area
(i) make application for a permit extension and pay any additional fees required thereby, and (ii)
be granted a new permit or permit extension.
Subd. 2: Limitation on Dates. A right-of-way permit is valid only for the dates specified
in the permit. No permittee may begin its work before the permit start date or, except as provided
herein, continue working after the end date. If a permittee does not finish the work by the permit
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end date, it must apply for a new permit for the additional time it needs, and receive the new
permit or an extension of the old permit before working after the end date of the previous permit.
This supplementary application must be submitted before the permit end date.
Section 304.16: OTHER OBLIGATIONS.
Subd. 1: Compliance with Other Laws. Obtaining a right-of-way permit does not relieve
permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all
fees required by the City or other applicable rule, law or regulation. A permittee shall comply
with all requirements of local, state and federal laws, including but limited to Minn. Stat.
§216D.01-.09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560.
A permittee shall perform all work in conformance with all applicable codes and established
rules and regulations, and is responsible for all work done in the right-of-way pursuant to its
permit, regardless of who does the work.
Subd. 2: Prohibited Work. Except in an emergency, and with the approval of the City, no
right-of-way obstruction or excavation may be done when seasonally prohibited or when
conditions are unreasonable for such work.
Subd. 3: Interference with Right-of-Way. A permittee shall not so obstruct a right-of-
way that the natural free and clear passage of water through the gutters or other waterways shall
be interfered with. Private vehicles of those doing work in the right-of-way may not be parked
within or next to a permit area, unless parked in conformance with City parking regulations. The
loading or unloading of tracks must be done solely within the defined permit area unless
specifically authorized by the permit.
Subd.4: Trenchless Excavation. As a condition of all applicable permits, permittees
employing trenchless excavation methods, including but not limited to Horizontal Directional
Drilling, shall follow all requirements set forth in Minnesota Statutes, Chapter 216D and
Minnesota Rules Chapter 7560 and shall require potholing or open cutting over existing
underground utilities before excavating, as determined by the Director.
Section 304.17: DENIAL OF PERMIT. The City may deny a permit for failure to meet
the requirements and conditions of this chapter or if the City determines that the denial is
necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way
and its current use. The City will notify the applicant within three business days of denial of a
permit in writing documenting the basis for the denial. If the application is denied, the applicant
may address the reasons for denial identified by the City and resubmit the application. If the
application is resubmitted within 30 days of receipt of the notice of denial, no additional
application fee shall be imposed. The City must approve or deny the resubmitted application
within 30 days after submission.
Section 304.18: INSTALLATION REQUIREMENTS. The excavation, backfilling,
patching and restoration, and all other work performed in the right-of-way shall be done in
conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local
requirements, in so far as they are not inconsistent with the Minn. Stat. §237.162 and §237.163.
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Installation of service laterals shall be performed in accordance with Minnesota Rules Chapter
7560 and these ordinances. Service lateral installation is further subject to those requirements
and conditions set forth by the City in the applicable permits and/or agreements referenced in
Section 304.22, Subd. 2 of this ordinance.
Section 304.19: INSPECTION.
Subd. 1: Notice of Completion. When the work under any permit hereunder is
completed, the permittee shall furnish a completion certificate in accordance Minnesota Rule
7819.1300.
Subd. 2: Site Inspection. Permittee shall make the work-site available to the City and to
all others as authorized by law for inspection at all reasonable times during the execution of and
upon completion of the work.
Subd 3: Authority of Director.
a) At the time of inspection, the Director may order the immediate cessation of any
work which poses a serious threat to the life, health, safety or well-being of the
public.
b) The Director may issue an order to the permittee for any work that does not
conform to the terms of the permit or other applicable standards, conditions, or
codes. The order shall state that failure to correct the violation will be cause for
revocation of the permit. Within ten (10) days after issuance of the order, the
permittee shall present proof to the director that the violation has been corrected.
If such proof has not been presented within the required time, the director may
revoke the permit pursuant to Section 304.20.
Section 304.20: WORK DONE WITHOUT A PERMIT.
Subd. 1: Emergency Situations. Each registrant shall immediately notify the director of
any event regarding its facilities that it considers to be an emergency. The registrant may proceed
to take whatever actions are necessary to respond to the emergency. Excavators’ notification to
Gopher State One Call regarding an emergency situation does not fulfill this requirement.
Within two (2) business days after the occurrence of the emergency, the registrant shall apply for
the necessary permits, pay the fees associated therewith, and fulfill the rest of the requirements
necessary to bring itself into compliance with this chapter for the actions it took in response to
the emergency.
If the City becomes aware of an emergency regarding a registrant’s facilities, the City
will attempt to contact the local representative of each registrant affected, or potentially affected,
by the emergency. In any event, the City may take whatever action it deems necessary to
respond to the emergency, the cost of which shall be borne by the registrant whose facilities
occasioned the emergency.
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Subd. 2. Non-Emergency Situations. Except in an emergency, any person who, without
first having obtained the necessary permit, obstructs or excavates a right-of-way must
subsequently obtain a permit and, as a penalty, pay double the normal fee for said permit, pay
double all the other fees required by the City code, deposit with the City the fees necessary to
correct any damage to the right-of-way, and comply with all of the requirements of this chapter.
Section 304.21: SUPPLEMENTARY NOTIFICATION. If the obstruction or excavation
of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall
notify the City of the accurate information as soon as this information in known.
Section 304.22: REVOCATION OF PERMITS.
Subd. 1: Substantial Breach. The City reserves its right, as provided herein, to revoke
any right-of-way permit without a fee refund, if there is a substantial breach of the terms and
conditions of any statute, ordinance, role or regulation, or any material condition of the permit. A
substantial breach by permittee shall include, but shall not be limited to the following:
a) The violation of any material provision of the right-of-way permit;
b) An evasion or attempt to evade any material provision of the right-of-way permit,
or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its
citizens;
c) Any material misrepresentation of fact in the application for the right-of-way
permit;
d) The failure to complete the work in a timely manner, unless a permit extension is
obtained or unless the failure to complete work is due to reasons beyond the
permittee’s control; or
e) The failure to correct, in a timely manner, work that does not conform to a
condition indicated on an order issued pursuant to Section 304.17.
Subd. 2: Written Notice of Breach. If the City determines that the permittee has
committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation
or any condition of the permit, the City shall make a written demand upon the permittee to
remedy such violation. The demand shall state that continued violations may be cause for
revocation of the permit. A substantial breach, as stated above, will allow the City, at its
discretion, to place additional or revised conditions on the permit to mitigate and remedy the
breach.
Subd. 3: Response to Notice of Breach. Within twenty-four (24) hours of receiving
notification of the breach, permittee shall provide the City with a plan, acceptable to the City,
that will cure the breach. Permittee's failure to so contact the City, or permittee's failure to timely
submit an acceptable plan, or permittee's failure to reasonably implement the approved plan,
shall be cause for immediate revocation of the permit. Further, permittee's failure to so contact
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the City, or permittee's failure to submit an acceptable plan, or permittee's failure to reasonably
implement the approved plan, shall automatically place the permittee on probation for one (1)
full year.
Subd. 4: Cause for Probation. From time to time, the City may establish a list of
conditions of the permit, which if breached will automatically place the permittee on probation
for one fall year, such as, but not limited to, working out of the allotted time period or working
on right-of-way grossly outside of the permit authorization.
Subd. 5: Automatic Revocation. If a permittee, while on probation, commits a breach as
outlined above, permittee's permit will automatically be revoked and permittee will not be
allowed further permits for one full year, except for emergency repairs.
Subd. 6: Reimbursement of City Costs. If a permit is revoked, the permittee shall also
reimburse the City for the City's reasonable costs, including restoration costs and the costs of
collection and reasonable attorneys' fees incurred in connection with such revocation.
Section 304.23: MAPPING DATA.
Subd. 1: Information Required. Each registrant and permittee shall provide mapping
information required by the City in accordance with Minnesota Rules 7819.4000 and 7819.4100.
Within ninety (90) days following completion of any work pursuant to a permit, the permittee
shall provide the director accurate maps and drawings certifying the "as-built" location of all
equipment installed, owned and maintained by the permittee. Such maps and drawings shall
include the horizontal and vertical location of all facilities and equipment and shall be provided
consistent with the City's electronic mapping system, when practical or as a condition imposed
by the director. Failure to provide maps and drawings pursuant to this subsection shall be
grounds for revoking the permit holder's registration.
Subd. 2: Service Laterals. All permits issued for the installation or repair of service
laterals, other than minor repairs as defined in Minnesota Rules 7560.0150 subpart 2, shall
require the permittee’s use of appropriate means of establishing the horizontal locations of
installed service laterals, and the service lateral vertical locations in those cases where the
director reasonably requires it. Permittees or their subcontractors shall submit to the director
evidence satisfactory to the director of the installed service lateral locations. Compliance with
this subdivision 2 and with applicable Gopher State One Call law and Minnesota Rules
governing service laterals installed after December 31, 2005 shall be a condition of any city
approval necessary for:
a) Payments to contractors working on a public improvement project including those under
Minnesota Statutes Chapter 429; and
b) City approval under development agreements or other subdivision or site plan approval
under Minnesota Statutes Chapter 462. The director shall reasonably determine the
appropriate method of providing such information to the City. Failure to provide prompt
and accurate information on the service laterals installed may result in the revocation of
the permit issued for the work or for future permits to the offending permittee or its
subcontractors.
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Section 304.24: LOCATION AND RELOCATION OF FACILITIES.
Subd. 1: Placement, Location, and Relocation. Placement, location, and relocation of
facilities must comply with the Act, with other applicable law, and with Minnesota Rules
7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise
available to cities.
Subd. 2: Undergrounding. Unless otherwise permitted by an existing franchise or other
agreement, or unless existing above-ground facilities are repaired, facilities must be located or
relocated and maintained underground or contained within buildings or other structures in
conformity with applicable codes.
Subd. 2: Corridors. The City may assign a specific area within the right-of-way, or any
particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to
current technology, the City expects will someday be located within the right-of-way. All
excavation, obstruction, or other permits issued by the City involving the installation or
replacement of facilities shall designate the proper corridor for the facilities at issue.
Any registrant who has facilities in the right-of-way in a position at variance with the
corridors established by the City shall, no later than at the time of the next reconstruction or
excavation of the area where the facilities are located, move the facilities to the assigned position
within the right-of-way, unless this requirement is waived by the City for good cause shown,
upon consideration of such factors as the remaining economic life of the facilities, public safety,
customer service needs and hardship to the registrant.
Subd. 3: Nuisance. One year after the passage of this chapter, any facilities found in a
right-of-way that have not been registered shall be deemed to be a nuisance. The City may
exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the
nuisance or taking possession of the facilities and restoring the right-of-way to a useable
condition.
Subd. 4: Limitation of Space. To protect health, safety, and welfare, or when necessary
to protect the right-of-way and its current use, the City shall have the power to prohibit or limit
the placement of new or additional facilities within the right-of-way, In making such decisions,
the City shall strive to the extent possible to accommodate all existing and potential users of the
right-of-way, but shall be guided primarily by considerations of the public interest, the public's
needs for the particular utility service, the condition of the right-of-way, the time of year with
respect to essential utilities, the protection of existing facilities in the right-of-way, and future
City plans for public improvements and development projects which have been determined to be
in the public interest.
Section 304.25: PRE-EXCAVATION FACILITIES LOCATION. In addition to
complying with the requirements of Minn. Stat. 216D.01-.09 ("One Call Excavation Notice
System") before the start date of any right-of-way excavation, each registrant who has facilities
or equipment in the area to be excavated shall mark the horizontal and vertical placement of al1
said facilities. Any registrant whose facilities are less than twenty (20) inches below a concrete
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or asphalt surface shall notify and work closely with the excavation contractor to establish the
exact location of its facilities and the best procedure for excavation.
Section 304.26: DAMAGE TO OTHER FACILITIES. When the City does work in the
right-of-way and finds it necessary to maintain, support, or move a registrant's facilities to
protect it, the City shall notify the local representative as early as is reasonably possible. The
costs associated therewith will be billed to that registrant and must be paid within thirty (30) days
from the date of billing. Each registrant shall be responsible for the cost of repairing any
facilities in the right-of-way which it or its facilities damage. Each registrant shall be responsible
for the cost of repairing any damage to the facilities of another registrant caused during the City's
response to an emergency occasioned by that registrant's facilities.
Section 304.27: RIGHT-OF-WAY VACATION.
Subd. 1: Reservation of Right. If the City vacates a right-of-way that contains the
facilities of a registrant, the registrant's rights in the vacated right-of-way are governed by
Minnesota Rules 7819.3200.
Section 304.28: INDEMNIFICATION AND LIABILITY. By registering with the City,
or by accepting a permit under this chapter, a registrant or permittee agrees to defend and
indemnify the City in accordance with the provisions of Minnesota Rule 7819.1250.
Section 304.29: ABANDONED AND UNUSABLE FACILITIES.
Subd. 1: Discontinued Operations. A registrant who has determined to discontinue all or
a portion of its operations in the City must provide information satisfactory to the City that the
registrant's obligations for its facilities in the right-of-way under this chapter have been lawfully
assumed by another registrant.
Subd. 2: Removal. Any registrant who has abandoned facilities in any right-of-way shall
remove it from that right-of-way if required in conjunction with other right-of-way repair,
excavation, or construction, unless this requirement is waived by the City.
Section 304.30: APPEAL. A right-of-way user that: (I) has been denied registration; (2)
has been denied a permit; (3) has had a permit revoked; (4) believes that the fees imposed are not
in conformity with Minn. Stat. § 237.163, Subd. 6; or (5) disputes a determination of the director
regarding Section 304.22, Subd. 2 of this ordinance may have the denial, revocation, fee
imposition, or decision reviewed, upon written request, by the City Council. The City Council
shall act on a timely written request at its next regularly scheduled meeting, provided the right-
of-way user has submitted its appeal with sufficient time to include the appeal as a regular
agenda item. A decision by the City Council affirming the denial, revocation, or fee imposition
will be in writing and supported by written findings establishing the reasonableness of the
decision.
Section 304.31: RESERVATION OF REGULATORY AND POLICE POWERS. A
permittee’s or registrant’s rights are subject to the regulatory and police powers of the City to
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adopt and enforce general ordinances as necessary to protect the health, safety, and welfare of
the public.
Section 304.32: SEVERABILITY. If any portion of this chapter is for any reason held
invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the remaining
portions thereof. Nothing in this chapter precludes the City from requiring a franchise agreement
with the applicant, as allowed by law, in addition to requirements set forth herein.
Amended 03/2019
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ORDINANCE 305 PUBLIC PARKS ................................................................................. 305-1
Section 305.01: HOURS............................................................................................. 305-1
Section 305.02: PARK RENTAL ............................................................................... 305-1
Section 305.03: CARE OF PARK FACILITIES......................................................... 305-1
Section 305.04: FIREARMS ...................................................................................... 305-1
Section 305.05: REFUSE ........................................................................................... 305-1
Section 305.06: FIRES ............................................................................................... 305-1
Section 305.07: SWIMMING AND FISHING............................................................ 305-2
Section 305.08: SPORTS, GAMES AND HORSEBACK RIDING ............................ 305-2
Section 305.09: FOOD AND LIQUOR ...................................................................... 305-2
Section 305.10: STACKING OF TABLES................................................................. 305-2
Section 305.11: PETS................................................................................................. 305-2
Section 305.12: WINTER SPORTS............................................................................ 305-2
Section 305.13: MOTOR VEHICLE USE.................................................................. 305-2
Section 305.14: PENALTIES/ENFORCEMENT........................................................ 305-2
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CHAPTER III—PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 305 PUBLIC PARKS
Section 305.01: HOURS. Except for any designated camping facilities, all City parks
shall be opened not earlier than 9:00 a.m. and close at 10:00 p.m., unless other arrangements are
made through the City Administrator/Clerk's office.
Section 305.02: PARK RENTAL. For those parks for which the City has designated
their availability for rental for various group activities and/or benefits, said rental request shall be
made to the St. Joseph City Administrator/Clerk and the prescribed fee paid at the time of the
request. All information so requested by the City Administrator/Clerk shall be provided. Failure
to provide information shall be considered grounds for denial of rental. In such cases where a
money deposit is required, the deposit shall not be returned until the park area is clean and
restored to the satisfaction of the City Administrator/Clerk or the St. Joseph Police Department.
Section 305.03: CARE OF PARK FACILITIES. No person shall disfigure, injure,
tamper with, willfully mark or remove any of the man made or natural resources and
environment of the parks. This shall include, but not be limited to, equipment, shelters, picnic
facilities, utility lines, trees, plants, wildlife of any and all sorts. No poisonous substances shall
be utilized in any of the park premises, which would have the effect of destroying or damaging a
person, wildlife, or result directly or indirectly in the pollution of any water source, except that
City employees may use herbicides for the control of weeds. The damming of any waterways is
prohibited. The dumping of soil, gravel, trees, limbs, yard waste, grass clippings, animal waste,
dead animals, or construction debris on park property is prohibited.
Section 305.04: FIREARMS. No person shall use or discharge any air rifle, sling shot,
bow and arrow, gun, pistol or fire arm of any description within any City park except in areas
designated as a shooting range or archery range. Any person desiring to use a designated rifle
range must first obtain permission from the St. Joseph Police Department.
Section 305.05: REFUSE. All refuse or other trash or waste generated by the use of the
park shall be placed in the proper receptacles provided. Trash or waste generated elsewhere may
not be brought onto park property for disposal. Every attempt must be made to maintain the park
grounds in a neat and clean state.
Section 305.06: FIRES. All fire shall be restricted to proper fireplaces, charcoal burners,
stoves or grills. Cigarettes, pipes, and cigars shall be properly put out in such a manner so as to
prevent damage to the premises and to insure the avoidance of any improper burning or fires
within the parks.
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Section 305.07: SWIMMING AND FISHING. Swimming, bathing and wading is
prohibited unless specifically allowed by posted sign. Fishing is permitted unless specifically
prohibited by posted signs.
Section 305.08: SPORTS, GAMES AND HORSEBACK RIDING. All sports and
gaming activities of a team nature or other comparatively dangerous games, such as football,
baseball, softball, horseshoes or golf are restricted to the prescribed areas for these activities.
Such sports and gaming activities are intended to be separate from the picnic areas to prevent
injuries and promote the safety of all park occupants. The use of the prescribed sports activity
areas shall be governed by the rule of first come, first serve, except where prior reservations have
been made. No horseback riding shall be allowed within the City parks, nor shall any such
animal be allowed to graze or go unattended on park property.
Section 305.09: FOOD AND LIQUOR. No food or drink shall be brought into the Mill
Stream Softball Park area or Memorial Baseball Park area at any time when the concession stand
is open and being operated by the St. Joseph Recreational Association or any other authorized
group or organization. No drinking of alcohol is allowed in a motor vehicle, in a parking lot, or
at the campsites unless the person or persons are camping there. Intoxicating or non intoxicating
alcoholic beverage parties must be approved by the City Police Chief.
Section 305.10: STACKING OF TABLES. No stacking or rearranging of picnic tables
in such a manner as to disturb overall park use shall be allowed.
Section 305.11: PETS. The owners of all domestic pets are responsible for the behavior
of their animals. Pets must be kept leased. No pets shall be allowed into the Millstream Softball
Park area while league games, including tournaments, are being played.
Section 305.12: WINTER SPORTS. All authorized winter sports shall be confined to
their designated areas, which shall include, but not be limited to snowmobiling, sledding,
tobogganing, ice skating, hockey, skiing and the like.
Section 305.13: MOTOR VEHICLE USE. All vehicles, whether motorized or non-
motorized, shall be restricted to their designated parking areas. In those parks where roadways
extend into and through the parks, no vehicles shall drive at a speed in excess of five miles per
hour. All persons must operate their vehicles in a safe and reasonable manner. No vehicles are
to extend beyond the roadway or parking areas. For purposes of this section, three wheel and
four wheel all terrain vehicles are to be considered motor vehicles.
Section 305.14: PENALTIES/ENFORCEMENT. Any person violating any provision of
this ordinance shall be guilty of a misdemeanor. Enforcement of this ordinance shall be the
responsibility of the police department.
updated 7/18/94
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ORDINANCE 306 CABLE COMMUNICATIONS........................................................... 306-1
Section 306.01: DEFINITIONS.................................................................................. 306-1
Section 306.02: GRANT OF AUTHORITY............................................................... 306-1
Section 306.03: COMPLIANCE WITH STATE AND FEDERAL LAWS ................. 306-1
Section 306.04: FRANCHISE TERM......................................................................... 306-1
Section 306.05: FRANCHISE EXCLUSIVITY.......................................................... 306-1
Section 306.06: SALE OR TRANSFER OF THE FRANCHISE. SALE OR TRANSFER
OFSTOCK................................................................................................................ 306-1
Section 306.07: ACCESS TO FINANCIAL RECORDS............................................. 306-2
Section 306.08: RATES, RATE CHANGE PROCEDURE AND RESIDENTIAL
SUBSCRIBER CONTRACTS ............................................................ 306-2
Section 306.09: FRANCHISE ADMINISTRATOR.................................................... 306-2
Section 306.10: LIABILITY INSURANCE................................................................ 306-3
Section 306.11: INDEMNIFICATION....................................................................... 306-3
Section 306.12: PERFORMANCE BOND ................................................................. 306-3
Section 306.13: CONSTRUCTION SCHEDULE....................................................... 306-3
Section 306.14: CONSTRUCTION STANDARDS.................................................... 306-3
Section 306.15: SPECIAL TESTING......................................................................... 306-6
Section 306.16: SUBSCRIBER PRIVACY ................................................................ 306-7
Section 306.17: SUBSCRIBER COMPLAINTS......................................................... 306-7
Section 306.18: UNLAWFUL DENIAL..................................................................... 306-8
Section 306.19: TERMINATION............................................................................... 306-8
Section 306.20: ABANDONMENT............................................................................ 306-8
Section 306.21: REMOVAL OF CABLE EQUIPMENT UPON TERMINATION OR
FORFEITURE .................................................................................... 306-8
Section 306.22: MUNICIPAL RIGHT TO PURCHASE SYSTEM ............................ 306-8
Section 306.23: ACCESS CHANNELS...................................................................... 306-8
Section 306.24: FRANCHISE FEE............................................................................. 306-9
Section 306.25: NON INTERFERENCE.................................................................... 306-9
Section 306.26: LINE EXTENSION .......................................................................... 306-9
Section 306.27: OBSCENITY.................................................................................... 306-9
Section 306.28: CONTRADICTIONS WITH STATE OR FEDERAL LAW.............306-10
Section 306.29: ADDITIONAL FRANCHISE REQUIREMENTS............................306-10
Section 306.30: FRANCHISE TERMS......................................................................306-10
Section 306.31: ENFORCEMENT ............................................................................306-11
Section 306.32: TERM..............................................................................................306-11
Section 306.33: EFFECTIVE DATE.........................................................................306-11
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ORDINANCE 306 CABLE COMMUNICATIONS
An ordinance granting a franchise to Midcontinent Communications to construct install,
operate, repair, maintain, remove and relocate facilities and equipment used for the transmission
of cable communications services in the public ground of the City of St. Joseph.
Section 306.01: DEFINITIONS. The terms defined in this Section and in the Regulatory
Ordinance have the meanings given them:
Subd. 1: "City" is the City of St. Joseph.
Subd. 2: "Class IV Channel" is a signaling path provided by a cable communications
system to transmit signals of any type from a subscriber terminal to another point in the
communications system.
Subd. 3: "Franchisor"is the City of St. Joseph
Subd. 4: "Franchisee" is Midcontinent Communications, its assignees and successors.
Subd. 5: "FCC" is the Federal Trade Communications Commission of the United States.
Section 306.02: GRANT OF AUTHORITY. The City Council of St. Joseph hereby
grants a cable communications franchises for the installation, operation and maintenance of a
cable communications system within the City of St. Joseph to Midcontinent Communications.
Section 306.03: COMPLIANCE WITH STATE AND FEDERAL LAWS. The
Franchisee and the Franchisor shall conform to all state and federal laws and rules regulating
cable communications as they become effective.
Section 306.04: FRANCHISE TERM. The franchise will expire on September 21, 2030,
unless amended or renewed in accordance with law.
Section 306.05: FRANCHISE EXCLUSIVITY. This franchise shall be non-exclusive.
The City may grant additional franchises at any time.
Section 306.06: SALE OR TRANSFER OF THE FRANCHISE. SALE OR TRANSFER
OF STOCK.
Subd. 1: Any transfer of a franchise by sale, lease or other assignment, or any sale or
other transfer of stock of the Franchisee so as to create a new controlling interest, shall be subject
to the approval of the Franchisor. The Franchisor has 120 days from the submission of
information regarding the successor's ability to operate in accordance with the terms of this
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Ordinance and to approve or disapprove the transfer. Approval of a transfer shall not be
unreasonably denied. Approval may be denied only upon a finding that the successor does not
have the ability or capability to operate the franchise in accordance with the terms of this
Ordinance and this franchise. Approval may be conditioned upon such reasonable terms and
conditions which are not in conflict with state and federal laws and regulations.
Subd. 2: No transferor lease of the rights granted herein shall be effective until the
successor or lessee shall have filed in the office of the City Administrator/Clerk an instrument,
duly executed, reciting the fact of such sale or lease, accepting the terms contained herein, and
agreeing to perform all conditions required of the franchise. At that time, the successor or lessee
shall also file with the City Administrator/Clerk a duly executed bond, fully complying with any
bonding requirements of this Ordinance.
Section 306.07: ACCESS TO FINANCIAL RECORDS. The City is granted the
authority to audit the Franchisee's accounting and financial records upon reasonable notice. The
Franchisee shall file annually with the City reports of gross revenues and other information as
the City deems appropriate.
Section 306.08: RATES, RATE CHANGE PROCEDURE AND RESIDENTIAL
SUBSCRIBER CONTRACTS.
Subd. 1: Rates. Prior to offering service to any member of the general public, the
Franchisee shall prepare a clear and concise list of all current subscription rates and charges,
including all installation and disconnect charges, charges for optional services and charges or
deposits for the use of equipment offered to subscribers for use with the service. A verified copy
of this list of rates and charges shall then be filed with the St. Joseph City Administrator/Clerk
and shall be available for public inspection at the office of the City Administrator/Clerk. An
amended list of rates and charges shall be prepared and filed with the City Administrator/Clerk at
anytime there is any change or adjustment in the subscription rates and charges.
Subd. 2: Residential Subscriber Contract. The Franchisee shall file with the City
Administrator/Clerk a copy of the then current residential subscriber contract, if a written
contract exists. The subscriber contract, and/or the summary of the terms of the non-written
contract on file with the City Administrator/Clerk shall be open to inspection by the public and
shall govern the contractual relationship between the Franchisee and all subscribers receiving
service under the authority of this ordinance, except service provided to institutions, business
premises or multiple housing locations, which service may be governed by separate written
contract.
Subd. 3: Rate Regulations. The City reserves the right to seek certification by the FCC
to engage in the regulation of rates, and implement reasonable regulations during the term of the
franchise as permitted by law and/or the FCC. The City also reserves the right when allowed by
law, to regulate rates for the installation and rental of equipment for the hearing impaired.
Section 306.09: FRANCHISE ADMINISTRATOR. The City Administrator/Clerk shall
be responsible for day to day municipal administration of a franchise. The City Council may by
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resolution, create a Cable Commission and appoint members to this Commission. The Cable
Commission shall have such duties and delegations as established by the City Council, and shall
serve the City Council in an advisory capacity. Members of the Cable Commission shall receive
compensation as set by the Council and shall serve at the will of the Council. Establishment of
and delegation of duties to the Cable Commission shall be by resolution of the City Council.
The City Council shall retain ultimate authority for the administration of a franchise.
Section 306.10: LIABILITY INSURANCE. The Franchisee shall indemnify and hold
harmless the City at all times during the term of the franchise and shall maintain throughout the
term of the franchise insurance as follows:
Liability for damage to property $300,000.00
Liability for personal injury $500,000.00 per person
$1,000,000.00 per occurrence
These policies shall insure both the City and the Franchisee with regard to all damages and
penalties which they may legally be required to pay as a result of the exercise of the franchise. A
Franchisee shall provide the City with evidence of required coverage upon request.
Section 306.11: INDEMNIFICATION.
Subd. 1: Except in instances where the City or its employees are negligent, the
Franchisee shall hold the City harmless from any and all claims and actions, litigations and from
damage arising out of the construction, erection, installation, maintenance or operation of its
property operated by authority of this Ordinance within the corporate limits of the City or the
negligence of the Franchisee's employees in the operation thereof. The Franchisee shall defend
in the name of the City any claims made against the City arising out of the franchise. The
Franchisee also agrees to hold the City harmless from any and all claims and actions arising from
alleged infringements of copyrights.
Subd. 2: Nothing contained in a franchise shall relieve any person from liability arising
out of the failure to exercise reasonable care to avoid injury to the Franchisee's facilities while
performing any work connected with grading, regrading, or changing the line of any street or
public place; or with the construction or reconstruction of any sewer or water system.
Section 306.12: PERFORMANCE BOND. Prior to beginning construction, and within a
minimum of three months of the date any franchise becomes effective, the Franchisee shall
obtain any permits required under Ordinance 304 and furnish any security required therefore.
Section 306.13: CONSTRUCTION SCHEDULE. Franchises shall provide service to
City residents within a reasonable time from when the franchise is granted. Absent evidence to
the contrary, it shall be presumed that a"reasonable period" is no later than one (1) year from the
grant of the franchise.
Section 306.14: CONSTRUCTION STANDARDS.
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Subd. 1: Permits. The Franchisee shall obtain a permit from the proper municipal
authority before commencing construction of any communications system, including the opening
or disturbance of any street, sidewalk, driveway or public place. If the Franchisee fails to meet
the conditions of the permit, the Franchisor, after reasonable notice to the Franchisee, and
providing Franchisee the opportunity to remedy said complaint, can cause said problem to be
remedied and bill the Franchisee for the costs incurred in so remedying.
Subd. 2: Compliance with Codes. All wire, conduits, cable and other property and
facilities of the Franchisee shall be located, constructed, installed, and maintained in compliance
with applicable codes. The Franchisee shall keep and maintain all of its property so as not to
unnecessarily interfere with the usual and customary trade, traffic or travel upon the streets and
public places of the franchise area or endanger the lives or property of any person.
Subd. 3: Relocation of Wires. In the event it becomes necessary for the City to relocate
or remove the Franchisee's wires, conduits, cables and other property located in any street, right-
of-way or public place to facilitate the undertaking of a public improvement which affects the
cable equipment, Franchisee shall make all necessary changes in its equipment at its own
expense, as requested, upon due notice from the City Council or its designated officer.
Subd 4: Undergrounding: In those areas of the City where Grantee's cables are located on
the above-ground transmission or distribution facilities of the public utility providing telephone
or electric power service, and the event that the facilities of both such public utilities
subsequently are placed underground, then the Grantee likewise shall construct, operate, and
maintain its transmission and distribution facilities underground, at Grantee's cost. Certain of
Grantee's equipment, such as pedestals, amplifiers, and power supplies, which normally are
placed above ground, may continue to remain above-ground closures. Any new non-
replacements lines, wires, conduit or cables shall be installed underground.
Subd. 5: Restoration. Upon completion of the work, the Franchisee must restore the
general area of the work, including paving and its foundations, to the same condition that existed
prior to commencement of the work and must exercise reasonable care to maintain the same
condition for two (2)years thereafter. The work must be completed as promptly as weather
permits. If the Franchisee does not promptly perform and complete the work, remove all direct,
rubbish, equipment and material, and restore the public ground to the same condition, the City
may put it in the same condition at the expense of the Franchisee. The Franchisee must, upon
demand, pay to the City the direct and indirect cost of the work done for or performed by the
City, including but not limited to the City's administrative costs. To recover its costs, the City
will first draw on the security posted by the Franchisee and then recover the balance of the costs
incurred from the Franchisee directly by written demand. This remedy is in addition to any other
remedies available to the City.
Subd. 6: Franchisee Initiated Relocation. The Franchisee shall give the City written
notice prior to a Franchisee initiated relocation of facilities. A Franchisee initiated relocation
must be at the Franchisee's expense and must be approved by the City, such approval not to be
unreasonably withheld.
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Subd. 7: City Required Relocation. The Franchisee must promptly and at its own
expense, with due regard for seasonal working conditions, permanently relocate its facilities
whenever the City requires such relocation.
Subd. 8: Relocation Where Public Ground Vacated. The vacation of public ground does
not deprive the Franchisee of the right to operate and maintain its facilities in the City. If the
vacation proceedings are initiated by the Franchisee, the Franchisee must pay the relocation
costs. If the vacation proceedings are initiated by the City or other persons, the Franchisee must
pay the relocation costs unless otherwise agreed to by the City, Franchisee and other persons.
Subd. 9: Inspection of Work. When the work is completed, the Franchisee must request
an inspection by the director. The director will determine if the work has been satisfactorily
completed and provide the Franchisee with a written report of the inspection and approval.
Subd. 10: Notice. If the Franchisee is in default in the performance of the work
authorized by the permit, including but not limited to restoration requirements, for more than
thirty (30) days after receiving written notice from the City of the default, the City may terminate
the rights of the Franchisee under the permit. The notice of default must be in writing and
specify the provisions of the permit under which the default is claimed and state the grounds of
the claim. The notice must be served on the Franchisee by personally delivering it to an officer
thereof at its principal place of business in Minnesota or by certified mail to that address.
Subd. 11: City Action on Default. If the Franchisee is in default in the performance of
the work authorized by the permit, the City may, after the above notice to the Franchisee and
failure of the Franchisee to cure the default, take such action as may be reasonably necessary to
abate the condition caused by the default. The Franchisee must reimburse the City for the City's
reasonable costs, including costs of collection and attorney fees incurred as a result of the
Franchisee default. The security posted under Section 2, Subdivision 5, will be applied by the
City first toward payment for such reimbursement.
Subd. 12: Use of Public Ground. Facilities must be located, constructed, installed,
maintained or relocated so as not to endanger or unnecessarily interfere with the usual and
customary traffic, travel, and use of public ground. The facilities are subject to additional
conditions of the permit as established by the director including but not limited to (i) the right of
inspection by the City at reasonable times and places; (ii) the obligation to relocate the facilities
pursuant to Section 3, Subdivisions 3 and 4; and (iii) compliance with all applicable regulations
imposed by the Minnesota Public Utilities Commission and other state and federal law, including
prompt compliance with the requirements of the Gopher State One Call program, Minnesota
Statutes Chapter 216D.
Subd. 13: Location. The facilities must be placed in a location agreed to by the City.
The Franchisee shall give the City forty five (45) days advanced written notice of the
Franchisee's proposed location of facilities within the public ground. No later than forty five
(45) days after the City's receipt of the Franchisee's written notice, the City will notify the
Franchisee in writing of the City's acceptance or rejection of the proposed location. If the City
rejects the Franchisee's proposed location, the City shall propose alternative locations. The City
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does not waive or forfeit its right to reject the location of facilities by failure to respond within
the forty five (45) days.
Subd. 14: Emergency Work. The Franchisee may open and disturb the surface of public
ground without a permit where an emergency exists requiring the immediate repair of its
facilities. In such event, the Franchisee must request a permit not later than the second working
day thereafter and comply with the applicable conditions of the permit. In no event, may the
Franchisee undertake such an activity which will result in the closing of a street or alley without
prior notification to the City.
Subd. 15: Street Improvements —Paving and Resurfacing. By May 15 of each year, to
the extent practicable, the City will give the Franchisee written notice of plans for street
improvements where permanent paving or resurfacing is involved. The notice must contain (i)
the nature and character of the improvements; (ii) the streets upon which the improvements are
to be made; (iii) the extent of the improvements, the time when the City will start the work; and,
(iv) if more than one street is involved, the sequence in which the work is to proceed.
Subd. 16: Franchisee Protection of Facilities. The Franchisee must take reasonable
measures to prevent the facilities from causing damage to persons or property. The Franchisee
must take reasonable measures to protect its facilities from damage that could be inflicted on the
facilities by persons, property, or the elements. The Franchisee must take specific protective
measures when the City performs work near the facilities.
Subd. 17: Prior Service Connections. In cases where the City is undertaking the paving
or resurfacing of streets and the facilities are located under such street, upon reasonable notice,
the Franchisee may be required to install service connections prior to the paving or resurfacing, if
it is apparent that service will be required during the five (5) year period following the paving or
resurfacing.
Subd. 18: Public Ground Other Than Right-Of-Way. Nothing in this ordinance is
intended to grant to the Franchisee authority beyond that given by Minnesota Statutes 222.37 for
use of the public right-of-way for construction and operation of facilities. If the City allows the
Franchisee to use its non-right-of-way public ground, the terms of this ordinance apply to the
extent they are consistent with the contract, statutory and common law rights the City owns in
such property.
Subd. 19: Regulations; Permit Schedules. The Director of Public Works is authorized
and directed to prepare suitable regulations and schedules for the administration of right-of-way
permits issued under this Ordinance.
Section 306.15: SPECIAL TESTING. At any time after commencement of service to
subscribers, the City may require additional tests, full or partial repeat tests, different test
procedures or tests involving a specific subscriber's terminal. Requests for such tests will be
made on the basis of complaints received or other evidence indicating an unresolved controversy
or significant noncompliance; and such tests will be limited to the particular matter in
controversy. The cost of said testing shall be borne by the Franchisee.
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Section 306.16: SUBSCRIBER PRIVACY.
Subd. 1: No signals of a Class IV cable communications channel may be transmitted from a
subscriber terminal for purposes of monitoring individual viewing patterns or practices without
the express written permission of the subscriber. The request for such permission shall be
contained in a separate document with a prominent statement that the subscriber is authorizing
the permission in full knowledge of its provisions. Such written permission shall be for a limited
period of time not to exceed one year which shall be renewable at the option of the subscriber.
No penalty shall be invoked for a subscriber's failure to provide or renew such authorization.
The authorization shall be revocable at any time by the subscriber without penalty of any kind
whatsoever. Such permission shall be required for each type or classification of Class IV cable
communications activity planned for the purpose.
Subd. 2: No information or data obtained by monitoring transmission of a signal from a
subscriber terminal, including but not limited to lists of the names and addresses of the
subscribers or any lists that identify the viewing habits of subscribers may be sold or otherwise
made available to any party other than the Franchisee and its employees for internal business use,
or to the subscriber subject of that information, unless the Franchisee has received specific
written authorization from the subscriber to make the data available.
Subd. 3: Written permission from the subscriber shall not be required for the systems
conducting system-wide or individually addressed electron sweeps for the purpose of verifying
system integrity or monitoring for the purpose of billing.
Section 306.17: SUBSCRIBER COMPLAINTS.
Subd. 1: All franchises shall conduct their business in accordance with the customer
service standards established by the FCC and 47 C.F.R. § 76.309.
Subd. 2: All complaints by the City or other citizens regarding the quality of service,
equipment malfunction, billing disputes, and any other matters relative to a franchise granted
pursuant to this Ordinance shall be investigated by the Franchisee within two business days and
resolved by the Franchisee. Any complaints not resolved to the satisfaction of the complaining
party, shall be communicated to the City. A record of unresolved complaints may be retained by
the City and may be considered by the City Council in making decisions relating to the franchise.
Subd. 3: The Franchisee shall provide to the subscriber a toll free or collect telephone
number for the reception of subscriber complaints and the Franchisee shall maintain a repair
service capable of responding to subscriber complaints or requests for service within 24 hours
after receipt of the complaint or request. Franchisee shall employ technicians located within a 30
mile radius of the Cable Service Area. Costs included in making repairs and adjustment shall be
borne by the Franchisee unless it can be clearly determined that the repair or adjustment was
made necessary by abuse or intentional misuse of the system by the subscriber. Costs of
installation shall be borne by the subscriber.
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Section 306.18: UNLAWFUL DENIAL.
Subd. 1: The Franchisee shall not deny access to cable service because of the income of
a resident.
Subd. 2: The Franchisee shall not deny access to cable service to a geographical area of
the City because of income demographics.
Section 306.19: TERMINATION. The franchisor shall have the right to terminate and
cancel any franchise and all rights and privileges of a franchise, if the Franchisee attempts to
evade any of the provisions of the franchise or this ordinance, practices any fraud or deceit upon
the City, or fails to operate the franchise in accordance with this Ordinance. The City shall
provide the Franchisee with a written notice to the local and corporate office by certified mail,
return receipt requested of the cause for termination and its intention to terminate the franchise
and shall allow the Franchisee a minimum of thirty (30) days after service of the notice in which
to correct the violation. The Franchisee shall be provided the opportunity for a public hearing
before the City Council prior to the termination of the franchise. In the event that the Franchisor
determines to terminate the franchise, the Franchisee has (30) thirty days from the date of
termination of the franchise to take such available action challenging the termination, as
provided by law, or its right to challenge termination is waived.
Section 306.20: ABANDONMENT. The Franchisee may not abandon any portion of
the cable communications service provided under a franchise without three (3) months prior
written notice to the City. Franchisee must compensate the Franchisor for damages resulting to it
from such abandonment. Further, upon abandonment of any Franchise property, ownership of
said abandoned property transfers to the City.
Section 306.21: REMOVAL OF CABLE EQUIPMENT UPON TERMINATION OR
FORFEITURE: Upon termination or forfeiture of a franchise, the Franchisee shall remove, if the
franchising authority so requests, all of its plants, structures, works,pipes, mains, conduits,
cables, poles and wires and refill at its own expense any excavation that shall be made by it and
shall leave said streets, alleys, public ways and places, in as good condition as that prevailing
prior to the Franchisee's removal of equipment and appliances. In the event the Franchisee fails
to do so, the Franchisee shall pay to the Franchisor as liquidated damages 125 percent of the cost
of removal.
Section 306.22: MUNICIPAL RIGHT TO PURCHASE SYSTEM. The City shall have
the right to purchase any franchise or cable system offered for sale pursuant to the same terms
and conditions of any bona fide offer to purchase. The Franchisee shall provide the City with a
copy of the bona fide written offer, and the City has sixty (60) days of receipt to exercise its
option to purchase. The purchase option shall be exercised in writing. If not exercised within
sixty (60) days of notice, the City's right to purchase is forfeited with respect to that offer, but
only that offer.
Section 306.23: ACCESS CHANNELS.
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Subd. 1: The Franchisee shall provide to each of its subscribers who receive some or all
of the services offered on the system, reception on at least one (1) specially designated access
channel. The specially designated access channel may be used by local educational authorities
and local government on a first come, first served nondiscriminatory basis. Subd. 2: The City
reserves the right to establish rules for the administration of the specially designated access
channel and establish reasonable rates for the use and administration of the access channel.
Grantee shall collect on behalf of City a PEG access fee of sixty cents ($.60)per subscriber per
month upon sixty (60) days prior written notice by City to all Franchisees operating in City. The
City's notice shall specify the monthly per subscriber amount to be collected, which shall be
identical for all Franchisees. From time to time, the City may adjust or eliminate the PEG access
fee. Any such changes shall be implemented within 60 days of written notice to all Franchisees.
Subd. 3: Franchisees providing only alarm services or only data transmission services for
computer operated functions do not need to provide access channel reception to alarm and data
service subscribers.
Section 306.24: FRANCHISE FEE.
Subd. 1: During the term of any franchise granted hereunder, the Franchisee shall pay to
the City of St. Joseph quarterly a franchise fee in accordance with the terms of the Resolution
granting the franchise. The franchise fee shall be equal to three (3%)percent of Gross Revenues.
Each payment shall be accompanied by a brief report from a representative of Franchisee
showing the basis for computation. The City may request additional financial information and
may audit the Franchisee's accounting and financial records upon reasonable notice.
Subd. 2: Gross Revenues. Gross Revenues are defined to include revenue derived from
the provision of cable services within St. Joseph, whether from basic television service, tier
service, pay cable, service charges, and installation charges and equipment rental charges, but
shall not include any taxes on cable service which are imposed directly or indirectly on any
subscriber thereof if by any governmental unit or agency and which are collected by the
Franchisor on behalf of such governmental unit or agency.
Section 306.25: NON INTERFERENCE. Installations shall be maintained so as not to
interfere with television reception already in existence within the City.
Section 306.26: LINE EXTENSION. The City shall have the right to require reasonable
extensions of the Franchisee's transmission and distribution system from time to time, and to
make such rules and regulations as may be required to secure adequate and proper service and to
provide accommodations for the public. The City may not require an extension into areas where
there are less than twenty five (25) residential units per mile of trunk or distribution cable as is
required.
Section 306.27: OBSCENITY.
Subd. 1: For purposes of this Section, obscenity shall mean a program when, to the
average person applying contemporary community standards, the program taken as a whole,
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appeals to the prurient interest; the program depicts or describes, in a patently offensive way,
sexual conduct, that is, patently offensive representations or descriptions of ultimate sexual acts,
normal or perverted, actual or simulated or patently offensive representations or descriptions of
masturbation, excretory functions or lewd exhibition of genitals; and the program taken as a
whole lacks serious literary, artistic, political or scientific value.
Subd. 2: It shall be a misdemeanor to originate or produce any obscene program which is
transmitted over any cable communications system. However, neither the cable communications
Franchisee whose facilities are used to transmit a program produced by a person other than the
cable communications Franchisee, nor the officers, directors, or employees of the cable
communications Franchisee, shall be liable for any penalty or damages arising from any obscene
program presented thereon when the cable communications system or its employees does not
originate or produce a program. Any entity which schedules the programming of the access
channels of a cable communications system shall not be liable for the presentation of any
obscene program thereon unless the entity itself originates or produces the program.
Section 306.28: CONTRADICTIONS WITH STATE OR FEDERAL LAW. Any
provisions of this Ordinance or a franchise which are in direct contradiction to any State or
Federal law, rule or regulation of cable television franchising, shall be deemed invalid but only
to the extent of the contradiction. Ail other portions of this Ordinance shall continue in full force
and effect. As may be possible, all provisions of this Ordinance shall be construed in a manner
consistent with State or Federal law so as to maintain the validity of those provisions.
Section 306.29: CABLE SERVICE TO PUBLIC BUILDINGS: Franchisee agrees to
provide, free of charge, Basic Cable Service and the next highest level of service generally
available to all Subscribers, to the locations identified in Exhibit A. Franchisee shall not be
required to service such buildings unless it is technically feasible. Maintenance of said service
shall be provided free of fees and charges.
Section 306.30: ADDITIONAL FRANCHISE REQUIREMENTS. The Franchisee shall
also be subject to the following terms and conditions:
Subd. 1: The Franchisee shall provide for citizen participation in selecting programming,
and consider citizen preference.
Subd. 2: The Franchisee shall provide customers with reasonable notice of rate changes.
"Reasonable notice" shall be a minimum of thirty (30) days.
Subd. 3: The Franchisee shall offer customers a device to allow channels to be blocked
out.
Subd. 4: The Franchise shall be subject to review and renegotiation at any time in the
event of a significant change in technology, equipment or regulatory laws, or if the service
provided by the franchise fails to meet industry standards of comparable sized communities with
respect to channel capacity, system reliability or quality of signal.
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Subd. 5: Annexed Areas. The City shall give advance Notice to the Franchisee of any
plans by the City to annex new property into the City boundaries.
Section 306.31: ENFORCEMENT. The City reserves the right to enforce any violation
of this Ordinance by seeking declaratory or injunctive relief in Stearns County District Court. In
the event the City is the prevailing party in any such action, the City shall be entitled to judgment
for reasonable attorney's fees incurred in pursuing the action.
Section 306.32. TERM: The franchise shall be in effect from the Effective Date until
September 30, 2030.
Section 306.33. EFFECTIVE DATE: This ordinance shall take effect and be in force
from and after its passage and publication.
306-11
CHAPTER III - PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 307 PARTIAL PAYMENT OF ASSESSMENTS....................................... 307-1
Section 307.01: PARTIAL PREPAYMENT AUTHORIZED..................................... 307-1
307-0
CHAPTER III - PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 307 PARTIAL PAYMENT OF ASSESSMENTS
Section 307.01: PARTIAL PREPAYMENT AUTHORIZED. The owner(s) of property
within the City which is subject to a special assessment adopted pursuant to Minnesota Statute
§ 429.061, may prepay a portion of the special assessment in the following manner:
Subd. 1: Payment shall be made to the City Clerk/Administrator during regular business
hours.
Subd. 2: Payment shall be made within 20 days from the date on which the City adopts
the special assessment, unless a different date is stated in the resolution adopting the assessment.
If the payment is not received within that time, the right of partial prepayment is forfeited.
Subd. 3: The unpaid balance of the special assessment shall be certified to the County
Auditor for payment over the number of years specified in the resolution adopting the
assessment, and subject to the interest rate stated in the resolution adopting the assessment.
Subd. 4: This ordinance is adopted pursuant to the authority of Minnesota Statute
§ 429.061, Subd. 3.
307-1
CHAPTER III - PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 308 SENIOR AND DISABILITY ASSESSMENT DEFERRAL................ 308-1
Section 308.01: PURPOSE......................................................................................... 308-1
Section 308.02: AUTHORITY................................................................................... 308-1
Section 308.03: DEFINITIONS.................................................................................. 308-1
Section 308.04: AUTHORIZATION TO DEFER....................................................... 308-1
Section 308.05: DEFERRAL PROCESS .................................................................... 308-1
Section 308.06: INTEREST........................................................................................ 308-1
Section 308.07: ASSESSMENT NOT SUBJECT TO DEFERRAL............................ 308-2
Section 308.08: FINANCIAL HARDSHIP................................................................. 308-2
Section 308.09: TERMINATION OF DEFERRAL .................................................... 308-2
Section 308.10: ADOPTION OF STATUTES............................................................ 308-2
308-0
CHAPTER III - PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 308 SENIOR AND DISABILITY ASSESSMENT DEFERRAL
Section 308.01: PURPOSE. It is the purpose and intent of this Ordinance to establish a
policy and procedure for the deference of payment of special assessments for homestead
property owned by a person 65 years of age or older, or retired from gainful employment
because of a permanent disability, and for whom payment would constitute an unreasonable
hardship.
Section 308.02: AUTHORITY. This Ordinance is enacted in accordance with the
authority granted by Minnesota Statute Secs. 435.193 - 435.195
Section 308.03: DEFINITIONS. As used herein, the following terms have the following
meaning:
Subd. 1: Owner. Is any natural person with at least a 50 percent interest in the legal or
equitable title to a parcel of real property.
Subd. 2: Homestead. Is the house occupied by an Owner and used by the Owner as his
or her principal dwelling place, together with the land upon which it is situated, not to exceed
forty acres.
Subd. 3: Disabled Owner. Is an Owner who has been determined to have a disability for
purposes of the receipt of Social Security Benefits in accordance with the rules and procedures
set forth in 42 USC § 421.
Section 308.04: AUTHORIZATION TO DEFER. An assessment for a public
improvement of homestead property of which the Owner is age 65 or older or a Disabled Owner,
may be deferred by the City upon a finding that the payment of the assessment would impose an
unreasonable financial hardship on the Owner.
Section 308.05: DEFERRAL PROCESS. An Owner seeking deferral shall make
application on forms prescribed by the Stearns County Auditor. Upon application, the Owner
shall complete a financial disclosure form. Based upon the information set forth therein, the City
Council shall make a finding as to financial hardship and grant or deny the deferment. The City
Administrator/Clerk shall advise the County Auditor of any deferments granted by the City. The
application for deferral shall be submitted no later than September 1st of the year before which
the assessments are due.
Section 308.06: INTEREST. Interest shall accrue on the principal amount of any
deferred assessment at the same rate established for the assessment, as if no deferment was
granted.
308-1
CHAPTER III - PUBLIC PROPERTY & IMPROVEMENTS
Section 308.07: ASSESSMENT NOT SUBJECT TO DEFERRAL. Assessments in a
total principal amount of Three Thousand and no/100 ($3,000.00) Dollars or less shall not be
subject to deferral.
Section 308.08: FINANCIAL HARDSHIP. The assessment shall be considered to cause
an unreasonable financial hardship if the City determines that any of the following circumstances
exist:
Subd. 1: The average annual principal and interest payment which will be due on the
assessment is in excess of three (3%)percent of the combined annual income of the Owner and
all adults residing at the property with the Owner; or
Subd. 2: Exceptional and unusual circumstances, which will force the Owner to make an
involuntary and unplanned expenditure of assets, including but not limited to, uninsured medical
expenses for a major illness or uninsured loss or destruction of the Owner's house, or the
accumulation of prior assessments currently payable.
Section 308.09: TERMINATION OF DEFERRAL. The deferral of assessments shall
terminate, and the mature assessment principal payments and accrued interest shall become due
and payable, upon the occurrence of any of the following events:
Subd. 1: The death of the Owner, provided that the Owner's spouse is not otherwise
eligible for deferment.
Subd. 2: The sale, transfer or subdivision of the property, or any part thereof.
Subd. 3: If the property no longer qualifies as the Owner's Homestead, or
Subd. 4: If the City determines that financial hardship no longer exists.
Section 308.10: ADOPTION OF STATUTES. The provisions of this Ordinance shall be
construed in accordance with Minn. Stat. § 435.191 - § 435.195. The provisions of these statutes
are adopted hereby, as if fully set forth herein, subject to any modification contained herein.
Updated 1/15/97
308-2
ORDINANCE 309 CABLE COMMUNICATIONS – CHARTER COMMUNICATIONS. 309-2
Section 309.01: DEFINITIONS .................................................................................. 309-2
Section 309.02: GRANTING OF FRANCHISE ......................................................... 309-3
Section 309.03: TERM ............................................................................................... 309-3
Section 309.04: USE OF THE STREETS AND DEDICATED EASEMENTS ........... 309-3
Section 309.05: MAINTENANCE OF THE SYSTEM ............................................... 309-6
Section 309.06: SERVICE .......................................................................................... 309-7
Section 309.07: NEW DEVELOPMENT UNDERGROUND ..................................... 309-7
Section 309.08: INSURANCE/INDEMNITY ............................................................. 309-8
Section 309.09: INDEMNIFICATION ....................................................................... 309-8
Section 309.10: EQUAL PROTECTION .................................................................... 309-9
Section 309.11: REVOCATION ................................................................................. 309-9
Section 309.12: SALE OR TRANSFER OF THE FRANCHISE; SALE OR TRANSFER
OF STOCK ................................................................................................................. 309-9
Section 309.13: INSPECTION OF RECORDS ..........................................................309-10
Section 309.14: RATES, RATE CHANGE PROCEDURE AND RESIDENTIAL
SUBSCRIBER CONTRACTS ...................................................................................309-10
Section 309.15: NOTICES, MISCELLANEOUS.......................................................309-11
Section 309.16: FORCE MAJEURE ..........................................................................309-12
Section 309.17: CUSTOMER SERVICE STANDARDS ...........................................309-12
Section 309.18: UNLAWFUL DENIAL ....................................................................309-12
Section 309.19: ABANDONMENT ...........................................................................309-12
Section 309.20: REMOVAL OF CABLE EQUPMENT UPON TERMINATION OR
FORFEITURE ...........................................................................................................309-13
Section 309.21: PEG ACCESS CHANNELS ............................................................309-13
Section 309.22: OBSCENITY ...................................................................................309-13
Section 309.23: CABLE SERVICE TO PUBLIC BUILDINGS .................................309-14
Section 309.24: ADDITIONAL FRANCHISE REQUIREMENTS ............................309-14
Section 309.25: ANNEXED AREAS.........................................................................309-14
Section 309.26: ENFORCEMENT ............................................................................309-14
Section 309.27: FRANCHISE FEE............................................................................309-15
Section 309.28: EFFECTIVE DATE .........................................................................309-15
Section 309.29: ACCEPTANCE AND ENTIRE AGREEMENT ...............................309-15
1
ORDINANCE 309 CABLE COMMUNICATIONS – CHARTER COMMUNICATIONS
An ordinance granting a franchise to Charter Communications to construct install,
operate, repair, maintain, remove and relocate facilities and equipment used for the transmission
of cable communications services in the public ground of the City of St. Joseph.
This Ordinance acknowledges the franchise agreement (“Franchise”) is between the City
of Saint Joseph, Minnesota, hereinafter referred to as the “Grantor” and CC VIII Operating,
LLC, locally known as CHARTER COMMUNICATIONS, hereinafter referred to as the
“Grantee”.
The Grantor hereby acknowledges that the Grantee has substantially complied with the
material terms of the current Franchise under applicable law, and that the financial, legal, and
technical ability of the Grantee is reasonably sufficient to provide services, facilities, and
equipment necessary to meet the future cable-related needs of the community, and having
afforded the public adequate notice and opportunity for comment, desires to enter into this
Franchise with the Grantee for the construction and operation of a cable system on the terms set
forth herein.
Section 309.01: DEFINITIONS. The terms defined in this Section and in the Regulatory
Ordinance have the meanings given them:
Subd. 1: “Cable Act” means the Cable Communications Policy Act of 1984, P.L. 98-
549, 47 U.S.C. §521 Supp., as it may be amended or superseded.
Subd. 2: “Cable System,” “Cable Service,” and “Basic Cable Service” shall be defined
as set forth in the Cable Act.
Subd. 3: “Franchise” means the authorization granted hereunder of a franchise, privilege,
permit, license or otherwise to construct, operate and maintain a Cable System within the Service
Area.
Subd. 4: “Gross Revenues” means all revenues, as determined in accordance with
generally accepted accounting principles, actually received by Grantee from Subscribers residing
within the Service Area for Cable Services purchased by such Subscribers on a regular, recurring
monthly basis, whether from basic television service, tier service, pay cable, service charges, and
any other fees from video services and installation charges and equipment rental charges. Gross
Revenues shall not include (1) any taxes, fees or assessments collected by the Grantee from
Subscribers for pass-through to a government agency, including, without limitation, the FCC
user fee, franchise fee, or sales or utility taxes; (2) bad debt; (3) credits, refunds and deposits paid
to Subscribers; and (4) any exclusion available under applicable state law.
2
Subd. 5: “Service Area” shall mean the geographic boundaries of the Grantor and shall
include any additions thereto by annexation or other legal means, subject to the exception in
subsection 6.
Subd. 6: “Streets” means the public streets, avenues, highways, boulevards, concourses,
driveways, bridges, tunnels, parks, parkways, waterways, alleys, all other rights-of-way and
easements, and the public grounds, places or water within the geographic boundaries of Grantor.
Subd. 7: “Subscriber” means any person lawfully receiving any Cable Services from the
Grantee.
Section 309.02: GRANT OF FRANCHISE. The Grantor hereby grants to Grantee a
non-exclusive Franchise for the use of the Streets and dedicated easements within the Service
Area for the construction, operation and maintenance of the Cable System, upon the terms and
conditions set forth herein. Nothing in this Franchise shall be construed to prohibit the Grantee
from offering any service over its Cable System that is not prohibited by federal or state law.
Section 309.03: TERM. The franchise shall be in effect until September 30, 2030,
unless earlier terminated as provided herein.
Section 309.04: USE OF STREETS AND DEDICATED EASEMENTS.
Subd. 1: Right to Use: Grantee shall have the right to use the Streets of the Grantor for
the construction, operation and maintenance of the Cable System, including the right to repair,
replace and enlarge and extend the Cable System.
Subd. 2: Location: The facilities of the Grantee shall be installed underground in those
Service Areas where existing telephone and electric services are both underground at the time of
system construction. In areas where either telephone or electric utility facilities are installed
aerially at the time of system construction, the Grantee may install its facilities aerially with the
understanding that at such time as the existing aerial facilities are required to be placed
underground by the Grantor, the Grantee shall likewise place its facilities underground. Facilities
must be located, constructed, installed, maintained or relocated so as not to endanger or
unnecessarily interfere with the usual and customary traffic, travel, and use of public ground.
The facilities are subject to additional conditions of the Right of Way permit as established by
the Grantor including but not limited to compliance with all applicable regulations imposed by
the Minnesota Public Utilities Commission and other state and federal law, including prompt
compliance with the requirements of the Gopher State One Call program, Minnesota Statutes
Chapter 216D
Subd. 3: Tree Trimming: Grantee shall have the right to remove, trim, cut and keep clear
of the Cable System, the trees in and along the Streets of the Grantor.
Subd. 4: Damage. Grantee in the exercise of any right granted to it by the Franchise shall,
at no cost to the Grantor, promptly repair or replace any facility or service of the Grantor which
3
Grantee damages, including but not limited to any Street or sewer, electric facility, water main,
fire alarm, police communication or traffic control.
Subd. 5: Relocation. In the event it becomes necessary for the Grantor to relocate or
remove the Grantee’s wires, conduits, cables and other property located in any street,
right-of-way or public place to facilitate the undertaking of a public improvement which affects
the cable equipment, Grantee shall be responsible for any cost associated with these obligations
to the same extent all other users of the Grantor right-of-way are responsible for the costs related
to the relocation of their facilities.
Subd. 6: Undergrounding. In those areas of the Grantor where Grantee’s existing cables
are located on the above-ground transmission or distribution facilities of the public utility
providing telephone or electric power service, and in the event that the facilities of both such
public utilities are subsequently placed underground, then the Grantee likewise shall relocate its
facilities underground. Such relocation shall be at Grantee’s cost, provided that Grantee shall be
entitled to reimbursement for such costs to the same extent as other affected users of the rights of
way, consistent with applicable law. Certain of Grantee’s equipment, such as pedestals,
amplifiers, and power supplies, which normally are placed above ground, may continue to
remain above-ground closures.
Subd. 7: Permits. The Grantee shall obtain a right of way permit from the proper
municipal authority before commencing construction of any communications system, including
the opening or disturbance of any street, sidewalk, driveway or public place. The facilities are
subject to additional conditions of the Right of Way permit as well as compliance with all
applicable regulations imposed by the Minnesota Public Utilities Commission and other state and
federal law, including prompt compliance with the requirements of the Gopher State One Call
program, Minnesota Statutes Chapter 216D. If the Grantee fails to meet the conditions of the
permit, the Franchisor, after reasonable notice to the Grantee, and providing Grantee the
opportunity to remedy said complaint, can cause said problem to be remedied and bill the
Grantee for the costs incurred in so remedying.
Subd. 8: Restoration. Upon completion of the work, the Grantee must restore the general
area of the work, including paving and its foundations, to a condition reasonably comparable to
the condition of the streets immediately prior to such damage or disturbance. The work must be
completed as promptly as weather permits. If the Grantee does not promptly perform and
complete the work, remove all dirt, rubbish, equipment and material, and restore the public
ground to the condition required, upon thirty (30) days notice to cure by Grantor, the Grantor
may restore the public ground at the expense of the Grantee. Should the Grantee fail, after
receiving 30 days’ written notice, to repair or restore as required by this section, Grantor may
cause such work to be done and the reasonable costs thereof shall be paid by Grantee, upon
receipt of an invoice and documentation.
Subd. 9: Grantee Initiated Relocation. The Grantee shall give the Grantor written notice
prior to Grantee initiated relocation of facilities. A Grantee-initiated relocation shall be at the
Grantee’s expense and must be approved by the Grantor, such approval not to be unreasonably
withheld.
4
Subd. 10: Grantor Required Relocation. The Grantee must promptly, with due regard for
seasonal working conditions, permanently relocate its facilities whenever the Grantor requires
such relocation. Grantee shall be responsible for any cost associated with these obligations to the
same extent all other users of the Grantor right-of-way are responsible for the costs related to the
relocation of their facilities.
Subd. 11: Relocation Where Public Ground Vacated. The vacation of public ground does
not deprive the Grantee of the right to operate and maintain its facilities in the Grantor. If the
vacation proceedings are initiated by the Grantee or by the Grantor, the Grantee must pay the
relocation costs. If the vacation proceedings are initiated by the Grantor or other persons, the
Grantee must pay the relocation costs unless otherwise agreed to by the Grantor, Grantee and
other persons. Grantee shall be responsible for any cost associated with these obligations to the
same extent all other users of the Grantor right-of-way are responsible for the costs related to the
relocation of their facilities.
Subd. 12: Inspection of Work. When the work is completed, the Grantee must request an
inspection by the Director of Public Works. The Director will determine if the work has been
satisfactorily completed and provide the Grantee with a written report of the inspection and
approval.
Subd. 13: Notice. If the Grantee is in default in the performance of the work authorized
by the permit, including but not limited to restoration requirements, for more than thirty (30)
days after receiving written notice from the Grantor of the default, the Grantor may terminate the
rights of the Grantee under the permit. The notice of default must be in writing and specify the
provisions of the permit under which the default is claimed and state the grounds of the claim.
The notice must be served on the Grantee by personally delivering it to an officer thereof at its
principal place of business in Minnesota or by certified mail to that address.
Subd. 14: Grantor Action on Default. If the Grantee is in default in the performance of
the work authorized by the permit, the Grantor may, after the above notice to the Grantee and
failure of the Grantee to cure the default, take such action as may be reasonably necessary to
abate the condition caused by the default. The Grantee must reimburse the Grantor for the
Grantor’s reasonable costs, including costs of collection and attorney fees incurred as a result of
the Grantee default. The security posted by the Grantee will be applied by the Grantor first
toward payment for such reimbursement.
Subd. 15: Location. The facilities must be placed in a location agreed to by the Grantor.
The Grantee shall give the Grantor thirty (30) days advance written notice of the Grantee’s
proposed location of facilities within the public ground other than public rights of way. No later
than thirty (30) days after the Grantor’s receipt of the Grantee’s written notice, the Grantor will
notify the Grantee in writing of the Grantor’s acceptance or rejection of the proposed location. If
the Grantor rejects the Grantee’s proposed location, the Grantor shall propose alternative
locations. The Grantor does not waive or forfeit its right to reject the location of facilities by
failure to respond within the thirty (30) days.
Subd. 16: Emergency Work. The Grantee may open and disturb the surface of public
ground without a permit where an emergency exists requiring the immediate repair of its
5
facilities. In such event, the Grantee must request a permit not later than the second working day
thereafter and comply with the applicable conditions of the permit. In no event may the Grantee
undertake such an activity which will result in the closing of a street or alley without prior
notification to the Grantor.
Subd. 17: Street Improvements - Paving and Resurfacing. By May 15 of each year, to the
extent practicable, the Grantor will give the Grantee written notice of plans for street
improvements where permanent paving or resurfacing is involved. The notice must contain (i)
the nature and character of the improvements; (ii) the streets upon which the improvements are
to be made; (iii) the extent of the improvements, the time when the Grantor will start the work;
and, (iv) if more than one street is involved, the sequence in which the work is to proceed.
Subd. 18: Grantee Protection of Facilities. The Grantee must take reasonable measures to
prevent the facilities from causing damage to persons or property. The Grantee must take
reasonable measures to protect its facilities from damage that could be inflicted on the facilities
by persons, property, or the elements. The Grantee must take specific protective measures when
the Grantor performs work near the facilities.
Subd. 19: Prior Service Connections. In cases where the Grantor is undertaking the
paving or resurfacing of streets and the facilities are to be located under such street, upon
reasonable notice, the Grantee will have the option to install service connections prior to the
paving or resurfacing, if it is apparent that service will be required during the five (5) year period
following the paving or resurfacing. If Grantee elects not to install its service connections,
Grantee agrees that its future installation will by directional boring or by other means that do not
involve open cutting or trenching of the street improvements.
Subd. 20: Public Ground Other Than Right-Of-Way. Nothing in this ordinance is
intended to grant to the Grantee authority beyond that given by Minnesota Statutes §222.37 for
use of the public right-of-way for construction and operation of facilities. If the Grantor allows
the Grantee to use its non-right-of-way public ground, the terms of this ordinance apply to the
extent they are consistent with the contract, statutory and common law rights the Grantor owns in
such property.
Subd. 21: Regulations; Permit Schedules. The Director of Public Works is authorized
and directed to prepare suitable regulations and schedules for the administration of right of way
permits issued under this Ordinance.
Section 309.05: MAINTENANCE OF THE SYSTEM.
Subd. 1: Grantee shall at all times employ ordinary care in the maintenance and operation
of the Cable System so as not to endanger the life, health or property of any citizen of the
Grantor or the property of the Grantor
Subd. 2: All construction practices and installation of equipment shall be done in
accordance with all applicable sections of the National Electric Safety Code.
Subd. 3: The Cable System shall be designed, constructed and operated so as to meet
those technical standards adopted by the FCC relating to Cable Systems contained in part 76 of
6
the FCC’s rules and regulations as they may, from time to time, be amended, regardless of the
transmission technology utilized.
Subd. 4: Installations shall be maintained so as not to interfere with television reception
already in existence within the City.
Section 309.06: SERVICE.
Subd. 1: The Grantee shall continue to make Cable Service available to all residences
within the Service Area where Grantee currently makes Cable Service available. Grantee shall
have the right, but not the obligation, to extend the Cable System into any other portion of the
Service Area, including annexed areas. Grantor shall have the right to require reasonable
extensions of the Grantee’s transmission and distribution system from time to time. Grantor may
not require an extension into areas where there are less than twenty-five (25) residential units per
mile measured from existing trunk or distribution cables.
Subd. 2: Cable Service offered to Subscribers pursuant to this Franchise shall be
conditioned upon Grantee having legal access to any such Subscriber’s dwelling unit or other
units wherein such Cable Service is provided.
Subd. 3: The Grantor shall promptly provide written notice to the Grantee of its
annexation of any territory which is being provided Cable Service by the Grantee or its affiliates.
Such annexed area will be subject to the provisions of this Franchise upon sixty (60) days’
written notice from the Grantor, subject to the conditions set forth below and subsection (a)
above. The Grantor shall also notify Grantee in writing of all new street address assignments or
changes within the Service Area. Grantee shall within ninety (90) days after receipt of the
annexation notice, pay the Grantor franchise fees on revenue received from the operation of the
Cable System to provide Cable Services in any area annexed by the Grantor if the Grantor has
provided a written annexation notice that includes the addresses that will be moved into the
Service Area in an Excel format or in a format that will allow Grantee to change its billing
system. If the annexation notice does not include the addresses that will be moved into the
Service Area, Grantee shall pay franchise fees within ninety (90) days after it receives the
annexed addresses as set forth above. All notices due under this section shall be sent by certified
mail, return receipt requested to the addresses set forth in Section 11 with a copy to the Director
of Government Relations. In any audit of franchise fees due under this Agreement, Grantee shall
not be liable for franchise fees on annexed areas unless and until Grantee has received
notification and information that meets the standards set forth in this section.
Section 309.07: NEW DEVELOPMENT UNDERGROUND. In cases of new
construction or property development where utilities are to be placed underground, the Grantor
agrees to require as a condition of issuing a permit for open trenching to any developer or
property owner that such developer or property owner give Grantee at least thirty (30) days prior
written notice of such construction or development, and of the particular dates on which open
trenching will be available for Grantee’s installation of conduit, pedestals and/or vaults, and
laterals to be provided at Grantee’s expense. Grantee shall also provide specifications as needed
for trenching. Costs of trenching and easements required to bring service to the development
shall be borne by the developer or property owner; except that if Grantee fails to install its
7
conduit, pedestals and/or vaults, and laterals within five (5) working days of the date the trenches
are available, as designated in the written notice given by the developer or property owner, then
should the trenches be closed after the five day period, the cost of new trenching is to be borne
by Grantee.
Section 309.08: INSURANCE/INDEMNITY.
Subd. 1: The Grantee shall maintain throughout the term of the Franchise insurance in
amounts at least as follows:
Workers’ Compensation Statutory Limits
Commercial General Liability \[$2,000,000\] per occurrence,
Combined Single Liability (C.S.L.)
\[$2,000,000\] General Aggregate
Auto Liability including coverage on \[$2,000,000\] per Accident C.S.L.
all owned, non owned hired autos
Umbrella Liability
Umbrella Liability \[$2,000,000\] per occurrence C.S.L.
Subd. 2: The Grantor shall be added as an additional insured, arising out of work
performed by Charter, to the above Commercial General Liability, Auto Liability and Umbrella
Liability insurance coverage.
Subd. 3: The Grantee shall furnish the Grantor with current certificates of insurance
evidencing such coverage upon request.
Section 309.09: INDEMNIFICATION. The Grantee shall, by acceptance of the Franchise
granted herein, defend the Grantor, its officers, boards, commissions, agents, and employees for
all claims for injury to any Person or property caused by the negligence of Grantee in the
construction or operation of the Cable System and in the event of a determination of liability
shall indemnify and hold Grantor , its officers, boards, commissions, agents, and employees
harmless from any and all liabilities, claims, demands, or judgments growing out of any injury to
any Person or property as a result of the negligence of Grantee arising out of the construction,
repair, extension, maintenance, operation or removal of its wires, poles or other equipment of
any kind or character used in connection with the operation of the Cable System, provided that
the Grantor shall give the Grantee written notice of its obligation to indemnify the Grantor within
ten (10) days of receipt of a claim or action pursuant to this section. In the event any such claim
arises, the Grantor shall tender the defense thereof to the Grantee and the Grantee shall have the
right to defend, settle or compromise any claims arising hereunder and the Grantor shall
cooperate fully herein. If the Grantor determined in good faith that its interests cannot be
represented by the Grantee, the Grantee shall be excused from any obligation to represent the
Grantor. Notwithstanding the foregoing, the Grantee shall not be obligated to indemnify the
8
Grantor for any damages, liability or claims resulting from the willful misconduct or negligence
of the Grantor or for the Grantor’s use of the Cable System, including any PEG channels.
Section 309.10: EQUAL PROTECTION. In the event the Grantor grants an additional
Franchise that a Grantee believes is more favorable or less burdensome than in this Franchise,
the Grantee shall have a right to petition for Franchise amendments to relieve the Grantee of
provisions making its Franchise less favorable or more burdensome. The Grantee shall file a
petition that:
1. Identifies the competitor(s);
2. Identifies the basis for Grantee’s belief that certain provisions of the
additional Franchise are more favorable or less burdensome than its
existing Franchise;
3. Identifies the Franchise provisions to be amended.
The City shall not unreasonably deny such a petition.
Section 309.11: REVOCATION.
Subd. 1: Prior to revocation or termination of the Franchise, the Grantor shall give written
notice to the Grantee of its intent to revoke the Franchise on the basis of a pattern of
noncompliance by the Grantee, including one or more instances of substantial noncompliance
with a material provision of the Franchise. The notice shall set forth the exact nature of the
noncompliance. The Grantee shall have sixty (60) days from such notice to either object in
writing and to state its reasons for such objection and provide any explanation or to cure the
alleged noncompliance. If Grantee has not cured the breach within such sixty (60) day time
period or if the Grantor has not otherwise received a satisfactory response from Grantee, the
Grantor may then seek to revoke the Franchise at a public hearing. The Grantee shall be given at
least thirty (30) days prior written notice of such public hearing, specifying the time and place of
such hearing and stating its intent to revoke the Franchise.
Subd. 2: At the hearing, the Grantor shall give the Grantee an opportunity to state its
position on the matter, present evidence and question witnesses, after which it shall determine
whether or not the Franchise shall be revoked. The public hearing shall be on the record and a
written transcript and a certified copy of the findings shall be made available to the Grantee
within ten (10) business days. The Grantee may appeal such determination to an appropriate
court, which shall have the power to review the decision of the Grantor de novo. The Grantee
may continue to operate the Cable System until all legal appeals procedures have been
exhausted. Notwithstanding the above provisions, the Grantee does not waive any of its rights
under federal law or regulation. Upon revocation of the Franchise, Grantee may remove the
Cable System from the Streets of the Grantor, or abandon the Cable System in place.
Section 309.12: SALE OR TRANSFER OF THE FRANCHISE; SALE OR TRANSJER
OF STOCK.
9
Subd. 1: The Franchise granted hereunder shall not be assigned, other than by operation
of law or to an entity controlling, controlled by, or under common control with the Grantee,
without the prior consent of the Grantor, such consent not to be unreasonably withheld or
delayed. No such consent shall be required, however, for a transfer in trust, by mortgage, by
other hypothecation, or by assignment of any rights, title, or interest of the Grantee in the
Franchise or Cable System to secure indebtedness. Within thirty (30) days of receiving a request
for transfer, the Grantor shall notify the Grantee in writing of any additional information it
reasonably requires to determine the legal, financial and technical qualifications of the transferee.
If the Grantor has not taken action on the Grantee’s request for transfer within one hundred
twenty (120) days after receiving such request, consent by the Grantor shall be deemed given.
Grantor’s approval may only be conditioned if not in conflict with applicable law.
Subd. 2: No transfer or lease of the rights granted herein shall be effective until the
successor or lessee shall have filed in the office of the City Administrator/Clerk an instrument,
duly executed, reciting the fact of such sale or lease, accepting the terms contained herein, and
agreeing to perform all conditions required of the franchise. At that time, the successor or lessee
shall also file with the City Administrator/Clerk a duly executed bond, fully complying with any
bonding requirements of this Franchise.
Section 309.13: INSPECTION OF RECORDS. At the sole determination of Grantee,
Grantee shall permit any duly authorized representative of the Grantor, upon receipt of advance
written notice, to examine during normal business hours at a location in the state of Minnesota or
by access via secure electronic file sharing software or service and on a non-disruptive basis any
and all of Grantee’s records maintained by Grantee as is reasonably necessary to ensure
Grantee’s compliance with the Franchise. Such notice shall specifically reference the subsection
of the Franchise that is under review so that the Grantee may organize the necessary books and
records for easy access by the Grantor. The Grantee shall not be required to maintain any books
and records for Franchise compliance purposes longer than three (3) years, except for service
complaints, which shall be kept for one (1) year as specified above. The Grantee shall not be
required to provide Subscriber information in violation of Section 631 of the Cable Act. The
Grantor agrees to treat as confidential any books, records or maps that constitute proprietary or
confidential information to the extent Grantee makes the Grantor aware of such confidentiality.
If the Grantor believes it must release any such confidential books or records in the course of
enforcing this Franchise, or for any other reason, it shall advise Grantee in advance so that
Grantee may take appropriate steps to protect its interests. Until otherwise ordered by a court or
agency of competent jurisdiction, the Grantor agrees that, to the extent permitted by State and
federal law, it shall deny access to any of Grantee’s books and records marked confidential, as
set forth above, to any Person.
Section 309.14: RATES, RATE CHANGE PROCEDURE AND RESIDENTIAL
SUBSCRIBER CONTRACTS.
Subd. 1: Rates. Prior to offering services to any member of the general public, the
Grantee shall prepare a clear and concise list of all current subscription rates and charges,
including all installation and disconnect charges, charges for optional services and charges or
deposits for the use of equipment offered to subscribers for use with the service. Upon request, a
verified copy of Grantee’s list of rates and charges shall be filed with the St. Joseph City
10
Administrator/Clerk and shall be available for public inspection at the office of the City
Administrator/Clerk. An amended list of rates and charges shall be prepared and filed with the
City Administrator/Clerk at any time there is any change or adjustment in the subscription rates
and charges.
Subd. 2: Residential Subscriber Contract. Upon request, The Grantee shall file with the
City Administrator/Clerk a copy of the then current residential subscriber contract, if a written
contract exists. The subscriber contract, and/or the summary of the terms of the non-written
contract on file with the City Administrator/Clerk shall be open to inspection by the public and
shall govern the contractual relationship between the Grantee and all subscribers receiving
service under the authority of this ordinance, except service provided to institutions, business
premises or multiple housing locations, which service may be governed by separate written
contract.
Subd. 3: Rate Regulations. The Grantor reserves the right to seek certification by the
FCC to engage in the regulation of rates, and implement reasonable regulations during the term
of the franchise as permitted by federal law and/or the FCC. The Grantor also reserves the right
when allowed by federal law, to regulate rates for the installation and rental of equipment for the
hearing impaired.
Section 309.15: NOTICES, MISCELLANEOUS.
Subd: 1: Unless otherwise provided by federal, state or local law, all notices, reports or
demands pursuant to this Franchise shall be in writing and shall be deemed to be sufficiently
given upon delivery to a Person at the address set forth below, or by U.S. certified mail, return
receipt requested, nationally or internationally recognized courier service such as Federal
Express or electronic mail communication to the designated electronic mail address provided
below. Grantee shall provide thirty (30) days written notice of any changes in rates,
programming services or channel positions using any reasonable written means. As set forth
above, notice served upon the Grantor shall be delivered or sent to:
Grantor: City of Saint Joseph
Attn.: City Administrator
75 Callaway St E
Saint Joseph, MN 56374
E-mail: jweyrens@cityofstjoseph.com
Grantee: Charter Communications
Attn: Senior Manager, Government
Affairs
16900 Cedar Ave S
Rosemount, MN 55068
Email: Amanda.Duerr@charter.com
Copy to: Charter Communications
11
Attn.: Vice President of Government
Affairs
12405 Powerscourt Drive
St. Louis, MO 63131
Subd. 2: All provisions of this Franchise shall apply to the respective parties, their lawful
successors, transferees and assigns.
Subd. 3: If any particular section of this Franchise shall be held invalid, the remaining
provisions and their application shall not be affected thereby.
Subd. 4: In the event of any conflict between this Franchise and any Grantor ordinance or
regulation, this Franchise will prevail.
Subd. 5: The City Administrator/Clerk shall be responsible for day to day municipal
administration of a franchise. The City Council may by resolution, create a Cable Commission
and appoint members to this Commission. The Cable Commission shall have such duties and
delegations as established by the Grantor Council, and shall serve the Grantor Council in an
advisory capacity. Members of the Cable Commission shall receive compensation as set by the
Council and shall serve at the will of the Council. Establishment of and delegation of duties to
the Cable Commission shall be by resolution of the City Council. The City Council shall retain
ultimate authority for the administration of a franchise.
Section 309.16: FORCE MAJEURE. The Grantee shall not be held in default under, or in
noncompliance with the provisions of the Franchise, nor suffer any enforcement or penalty
relating to noncompliance or default, where such noncompliance or alleged defaults occurred or
were caused by circumstances reasonably beyond the ability of the Grantee to anticipate and
control. This provision includes, but is not limited to, severe or unusual weather conditions, fire,
flood, or other acts of God, strikes, work delays caused by failure of utility providers to service,
maintain or monitor their utility poles to which Grantee’s Cable System is attached, as well as
unavailability of materials and/or qualified labor to perform the work necessary.
Section 309.17: CUSTOMER SERVICE STANDARD. All franchises shall conduct
their business in accordance with the customer service standards established by the FCC and 47
C.F.R. § 76.309.
Section 309.18: UNLAWFUL DENIAL.
Subd. 1: The Grantee shall not deny access to cable service because of the income of a
resident.
Subd. 2: The Grantee shall not deny access to cable service to a geographical area of the
Grantor because of income demographics.
Section 309.19: ABANDONMENT. The Grantee may not abandon any portion of the
cable communications service provided under a franchise without three (3) months prior written
12
notice to the Grantor. Grantee must compensate the Grantor for reasonable damages resulting to
it from such abandonment. Further, upon abandonment of any Franchise property, ownership of
said abandoned property transfers to the Grantor.
Section 309.20: REMOVAL OF CABLE EQUIPMENT UPON TERMINATION OR
FORFEITURE. Upon termination or forfeiture of a franchise, the Grantee shall remove, if the
franchising authority so requests, all of its aerial plants, structures, works, pipes, mains, conduits,
cables, poles and wires and refill at its own expense any excavation that shall be made by it and
shall leave said streets, alleys, public ways and places, in as good condition as that prevailing
prior to the Grantee’s removal of equipment and appliances. In the event the Grantee fails to do
so, the Grantee shall pay to the Franchisor the cost of such removal. Grantee shall not be
required to remove its Cable System, or to relocate the Cable System, or to sell the Cable
System, or any portion thereof as a result of revocation, denial or renewal, or any other lawful
action to forbid or disallow Charter from providing Cable Services, if the Cable System is
actively being used to facilitate any other services not governed by the cable act.
Section 309.21: PEG ACCESS CHANNELS.
Subd. 1: The Grantee shall provide to each of its subscribers who receive some or all of
the services offered on the system, reception on at least one (1) specially designated PEG access
channel. The specially designated PEG access channel may be used by local educational
authorities and local government on a first come, first served nondiscriminatory basis.
Subd. 2: The Grantor reserves the right to establish rules for the administration of the
specially designated access channel and establish reasonable rates for the use and administration
of the access channel. Subject to applicable law, Grantee shall collect, on behalf of Grantor a
PEG access fee of sixty cents ($.60) per subscriber per month upon sixty (60) days prior written
notice by Grantor to all franchised video service providers operating in Grantor. Anytime after
the Effective Date of this Franchise, the Grantor may require, by Resolution, an increase in the
PEG access fee up to one dollar ($1.00) per month, per Subscriber if needed for lawful PEG
purposes. The City shall hold a public hearing prior to increasing the PEG access fee and shall
outline its plans for increasing and/or improving PEG programming which necessitate the PEG
access fee increase. Grantee shall have an opportunity to address the Council regarding any
proposed increase. Amounts paid by Grantee in support of PEG access shall be separate from
and in addition to the Franchise Fee. Any such changes shall be implemented within 60 days of
written notice to all franchised video service providers, which must not exceed one dollar ($1.00)
per Subscriber per month.
Section 309.22: OBSCENITY.
Subd. 1: For purposes of this section, obscenity shall mean a program when to the
average person applying contemporary community Standards, the program taken as a whole
appeals to the prurient interest; the program depicts or describes, in a patently offensive way,
sexual conduct, that is, patently offensive representations or descriptions of ultimate sexual acts,
normal or perverted, actual or simulated or patently offensive representations or descriptions of
masturbation, excretory functions or lewd exhibition of genitals; and the program taken as a
whole lacks serious literary, artistic, political or scientific value.
13
Subd. 2: Pursuant to Minnesota Statutes 617.241, it shall be a gross misdemeanor to
originate or produce any obscene program which is transmitted over the cable communications
system. However, neither the cable communications system whose facilities are used to transmit
a program produced by a person other than the cable communications Grantee, nor the officers,
directors, or employees of the cable communications Grantee, shall be liable for any penalty or
damages arising from any obscene program presented thereon when the cable communications
system or its employees does not originate or produce a program. Any entity which schedules the
programming of the access channels of a cable communications system shall not be liable for the
presentation of any obscene program thereon unless the entity itself originates or produces the
program.
Section 309.23: CABLE SERVICE TO PUBLIC BUILDINGS. Subject to applicable
law, Grantee agrees to provide one free expanded basic service connection and set top box if
required to the following locations listed below. Relocations of these locations will be permitted,
provided new location is within 125 feet of Grantee’s feeder cable.
st
St. Joseph Community Center – 124 1 Avenue SE
st
St. Joseph Historical Society – 25 1 Avenue NW
th
St. Joseph Community Fire Hall – 323 4 Avenue NE
St. Joseph Public Works – 1855 Elm Street E
St. Joseph Government Center – 75 Callaway Street E
Section 309.24: ADDITIONAL FRANCHISE REQUIREMENTS. The Grantee shall
also be subject to the following terms and conditions:
Subd. 1: The Grantee shall provide for citizen participation in selecting programming,
and consider citizen preference.
Subd. 2: The Grantee shall provide customers with reasonable notice of rate changes if
such notice is required by applicable law. “Reasonable notice” shall be a minimum of thirty (30)
days or in compliance with applicable law whichever period is longer, and may be provided by
any reasonable means.
Subd. 3: The Grantee shall offer customers a device to allow channels to be blocked-out.
Section 309.25: ANNEXED AREAS. The Grantor shall give advance Notice to the
Grantee of any plans by the Grantor to annex new property into the Grantor boundaries.
Section 309.26: ENFORCEMENT. The Grantor reserves the right to enforce any
violation of this Ordinance by seeking declaratory or injunctive relief in Stearns County District
Court. In the event the Grantor is the prevailing party in any such action, the Grantor shall be
entitled to judgment for reasonable attorney’s fees incurred in pursuing the action.
14
Section 309.27: FRANCHISE FEE.
Subd. 1: Grantee shall pay to the Grantor quarterly an amount equal to three percent (3%)
of the Gross Revenues for such calendar quarter.
Subd. 2: Each year during which the Franchise is in force, Grantee shall pay Grantor no
later than thirty (30) days after the end of each calendar quarter the franchise fees required by
this section, together with a financial statement showing total Gross Revenues derived from the
Cable System during such quarter. The Grantor shall have the right to review the previous year’s
books of the Grantee to the extent necessary to ensure proper payment of the fees payable
hereunder.
Section 309.28: EFFECTIVE DATE. The Franchise granted herein will take effect and
be in full force from such date of acceptance by Grantee recorded on the signature page of this
Franchise. This Franchise shall expire on September 30, 2030, unless extended in accordance
with Section 309.03 of this Franchise or by the mutual agreement of the parties.
Section 309.29: ACCEPTANCE AND ENTIRE AGREEMENT. The Grantor and the
Grantee, by virtue of the signatures set forth below, agree to be legally bound by all provisions
and conditions set forth in this Franchise. The Franchise constitutes the entire agreement
between the Grantor and the Grantee. No modifications to this Franchise may be made without
an appropriate written amendment signed by both parties. If any fee or grant that is passed
through to Subscribers is required by this Franchise, other than the franchise fee, such fee or
grant shall go into effect sixty (60) days after the Effective Date of this Franchise.
15
CHAPTER IV – WATER & SEWER
ORDINANCE 401 MUNICIPAL WATER SYSTEM ........................................................ 401-1
Section 401.01: APPLICATION FOR SERVICE ....................................................... 401-1
Section 401.02: WATER HOOK-UP CHARGE (Repealed) ....................................... 401-1
Section 401.03: METER INSTALLATION ................................................................ 401-1
Section 401.04: SERVICE TO BE METERED ........................................................... 401-1
Section 401.05: SEPARATE CONNECTIONS .......................................................... 401-1
Section 401.06: COST OF INSTALLATION ............................................................. 401-1
Section 401.07: METERS........................................................................................... 401-2
Section 401.08: USE OF SERVICE WITHOUT AUTHORITY ................................. 401-2
Section 401.09: USE OF MUNICIPAL WATER SYSTEM…………………………..401-2
Section 401.10: FAILURE OF SERVICE ................................................................... 401-2
Section 401.11: CONSENT TO REGULATIONS ...................................................... 401-2
Section 401.12: DISCONTINUOUS OF SERVICE .................................................... 401-2
Section 401.13: WATER CONNECTIONS ................................................................ 401-2
Section 401.14: SERVICE PIPES ............................................................................... 401-3
Section 401.15: MAINTENANCE OF SERVICE LINES…………………………….401-3
Section 401.16: REPAIR OF LEAKS………………………………………………… 401-3
Section 401.17: WATERWORKS BRASS ................................................................. 401-3
Section 401.18: WATER SYSTEM CHECK VALVES .............................................. 401-3
Section 401.19: USE OF WATER DURING FIRE ..................................................... 401-3
Section 401.20: CONTROL BY COUNCIL ............................................................... 401-4
Section 401.21: SPRINKLING BANS ........................................................................ 401-4
Section 401.22: PENALTIES ..................................................................................... 401-4
401-0
CHAPTER IV – WATER & SEWER
ORDINANCE 401 MUNICIPAL WATER SYSTEM
Section 401.01: APPLICATION FOR SERVICE. Any person desiring a connection
with the water system of the City shall apply therefore to the City Clerk/Administrator.
Application shall state exact description of the property to be served, the use to which the water
is to be put, and the estimated maximum amount of water to be used per month. At the same
time, the applicant shall pay to the Clerk/Administrator a permit fee and inspection fee to the
Clerk/Administrator as may be established and modified by Council resolution. The applicant
shall also pay to the Clerk/Administrator the sum set by the City Council to cover the expense of
making the connection between the main and the curb box . All these payments except the
permit fee shall be refunded to the applicant if the application is refused. No connection shall be
allowed between December 1 and April 1 except by specific order of the Council under terms
and conditions established by the Council.
Section 401.02: WATER HOOK-UP CHARGE(Repealed). Repealed on 9/9/04 and
replaced with Ordinance 404.
Section 401.03: METER INSTALLATION. The Maintenance Superintendent shall upon
receipt of the application, examine the premises therein described and if satisfied that the
premises are entitled to water service, and that the connection with the City system will not be
dangerous to persons or property, shall issue a water meter to the applicant, provided that no
connection shall be made unless the property where the service is desired abuts on a street or
alley or lies within one half block of a street or intersection where there is already installed a
main from which water service desired may be secured.
Section 401.04: SERVICE TO BE METERED. All water furnished by the City system
shall be measured by meters furnished by the City for that purpose. The water meter shall be the
property of the owner and shall be maintained by the owner, except that if the meter is damaged
by freezing or hot water back up, the property owner shall pay the City for damage to the meter.
Section 401.05: SEPARATE CONNECTIONS. Unless the City Council approves the
use of a common service connection, each premise shall have a separate and distinct service
connection to the City main. Said connection shall include a corporation stop at the main and a
curb stop located as directed by the Superintendent of Public Works. Where the City Council
approves the use of a common service connection, each branch shall have its own curb stop
located as directed by the Superintendent of Public Works, and its own meter. Additional costs
incurred due to the installation of an approved common service connection shall be borne by the
applicant.
Section 401.06: COST OF INSTALLATION. The cost of the original installation of
plumbing between the curb stop and the building and any service to devices maintained by the
401-1
CHAPTER IV – WATER & SEWER
customer and all extensions thereafter, as well as all repairs to the same, shall be borne entirely
by the consumer, although such plumbing and devices as well as the meter shall at all reasonable
times be subject to inspection through authorized City authority. Any repairs found to be
necessary by City authorities shall be made promptly by the customer or the City shall
discontinue service.
Section 401.07: METERS. Every consumer shall provide a suitable place where the
meter can be installed and the consumer shall install and maintain the meter. At any time the
consumer desires to have the meter tested for accuracy, this shall be done by the City and the fee
as established and modified by council resolution charged to the consumer if the meter registers
98 per cent or more accurate. If the meter registers less than 98 per cent accurate, it shall be
replaced and repaired before installation of another service and no testing fee charged.
Section 401.08: USE OF SERVICE WITHOUT AUTHORITY. It shall be unlawful for
any person to use water from any premise without the consent of the owner. No person except
an authorized representative of the City shall operate curb stops, valves, hydrants, or other water
system appurtenances unless approval has been obtained from an authorized representative of the
City.
Section 401.09: USE OF MUNICIPAL WATER SYSTEM. The owner of any building or
property which is located within the City, or in any area under the jurisdiction of the City, and
from which water is discharged, shall be required to connect to a public water system at the
owner’s expense within ninety (90) days after service of official notice to do so, provided that
city water is reasonably available. Said ninety (90) days shall be consecutive calendar days
exclusive of the days between November 1 and May 15. Additionally, if the building or property
is used for human occupancy, employment or recreation, the owner shall be required to install at
the same time toilet facilities in accordance with the Minnesota Building Code and other
ordinances of the City.
Section 401.10: FAILURE OF SERVICE. No claim shall be made against the City for
losses of any kind resulting from failure of water service.
Section 401.11: CONSENT TO REGULATIONS. Every person applying for water
service from the City system, and every owner of property for which such application is made,
shall be deemed by such application to consent to all the rules, regulations and rates contained in
the ordinances of the City, and to all modifications thereof and all new rules, regulations and
rates duly adopted by City Council resolution.
Section 401.12: DISCONTINUOUS OF SERVICE. The City reserves the right to
discontinue service of any or all customers of the water system without notice, when necessary
for repairs.
Section 401.13: WATER CONNECTIONS. All connections to the City main including
the tap, and installation of the corporation stop, the service line to the curb stop, and the curb
stop shall be made by a contractor approved by the City.
401-2
CHAPTER IV – WATER & SEWER
Section 401.14: SERVICE PIPES. All service pipes connected to the City water system
shall be of materials approved by the Superintendent of Public Works. Service pipes shall be
installed in accordance with specifications approved by the City.
Section 401.15: MAINTENANCE OF SERVICE LINES. The owner shall bear the entire
cost of all maintenance and repairs of the building sewer and water service lines from the main to
the building. This shall include the cost of the street and boulevard restoration.
Section 401.16: REPAIR OF LEAKS.
a. Responsibility of Owner: The owner shall be responsible for maintaining the service
pipe from the water main including the corporation stop, curb stop and box into the
building served.
b. Failure to Repair: If the owner fails to repair any leak in such service pipe within
twenty four (24) hours after notice by the City, the City may turn the water off. The
water shall not be turned on again until the sum as established by Council resolution
has been paid to the City.
c. Waste of Water, Damage: When the waste of water is great or damage is likely to
result from the leak, the City shall turn the water off immediately upon giving of
notice if repair is not commenced immediately.
Section 401.17: WATERWORKS BRASS. All service pipes connected to the City
water system 2" or less in diameter shall be fitted with a corporation stop, a curb stop and box,
and such valves and drains as the City may require at the meter location. Service pipes larger
than 2" shall be fitted with an approved valve. All waterworks brass and other materials shall be
in accordance with City specifications.
Installation of brass and appurtenances shall be in accordance with City specifications,
and the location of the curb stop shall be subject to the approval of the Superintendent of Public
Works.
Section 401.18: WATER SYSTEM CHECK VALVES. Check valves shall be required
on all water connections to steam boilers. Safety and relief valves shall be placed on all boilers
or other steam apparatus connected with the water system where the steam pressure may be
raised in excess of 50 pounds per square inch.
Section 401.19: USE OF WATER DURING FIRE. It is herein declared to be unlawful
for any person in the City or any person owning or occupying premises connected to the City
water system to use or allow being used during a fire any water from the water systems except
for purposes of extinguishing the fire. Upon the sounding of the fire alarm, it shall be the duty of
every person to see that all water services are tightly closed and that no water is used except for
necessary household purposes during the fire.
401-3
CHAPTER IV – WATER & SEWER
Section 401.20: CONTROL BY COUNCIL. The City Council shall have complete
control of the City water system and make regulations and rates in its judgment it deems proper.
Section 401.21: SPRINKLING BANS. During the months of May through September,
use of the municipal water supply for lawn and garden sprinkling shall be restricted in the
following manner:
a) Properties having a street address ending with an even number may sprinkle
lawns and gardens on an even numbered day only.
b) Properties having a street address ending with an odd number may sprinkle lawns
and gardens on an odd numbered day only.
The City reserves the right to totally prohibit the use of the municipal water supply for
sprinkling as deemed necessary by the City Maintenance Director to protect the City’s water
supply. A sprinkling ban of this type shall be published by local radio. Residents shall comply
with the terms and conditions of the sprinkling ban. The ban shall be enforced by the police
department. Violators shall receive one warning which will be documented. Any further
violation within five months of a warning shall constitute a petty misdemeanor.
Section 401.22: PENALTIES. Any person violating any regulation of this ordinance
shall be guilty of a misdemeanor, unless otherwise provided in this ordinance.
Updated 6/2003 – Sections 401.2 & 401.18
Repealed and Amended Section 401.2 on 9/9/04
Amended 401.12 , 07/2017
401-4
CHAPTER IV—WATER & SEWER
ORDINANCE 402 SEWER USE ORDINANCE ............................................................... 402-1
Section 402.01: PURPOSE AND POLICY................................................................. 402-1
Section 402.02: DEFINITIONS.................................................................................. 402-1
Section 402.03: INDIVIDUAL SEWAGE TREATMENT SYSTEM ......................... 402-6
Section 402.04: BUILDING SEWERS AND CONNECTIONS.................................. 402-6
Section 402.05: MAIN AND LATERAL SEWERS.................................................... 402-8
Section 402.06: PROTECTION FROM DAMAGE.................................................... 402-8
Section 402.07: USE OF PUBLIC SEWERS.............................................................. 402-8
Section 402.08: PHOSPHORUS MANAGEMENT.................................................... 402-9
Section 402.09: MERCURY MANAGEMENT.......................................................... 402-9
Section 402.10: INDUSTRIAL DISCHARGE PERMIT............................................402-11
Section 402.11: LIQUID WASTE HAULER REQUIREMENTS....................... 402-15
Section 402.12: PROHIBITIVE DISCHARGE..........................................................402-16
Section 402.13: LIMITATIONS ON WASTEWATER STRENGTH ........................402-18
Section 402.14: STRENGTH CHARGE SYSTEM....................................................402-20
Section 402.15: ACCIDENTAL AND SLUG DISCHARGES...................................402-21
Section 402.16: MONITORING................................................................................402-23
Section 402.17: PRETREATMENT ..........................................................................402-27
Section 402.18: CONFIDENTIAL INFORMATION.................................................402-28
Section 402.19: SEVERABILITY AND CONFLICTS..............................................402-28
Section 402.20: ENFORCEMENT ............................................................................402-29
Section 402.21: PENALTIES ....................................................................................402-30
Section 402.22: PUBLICATION OF SIGNIFICANT VIOLATIONS........................402-31
402-0
CHAPTER IV—WATER & SEWER
ORDINANCE 402 SEWER USE ORDINANCE
Section 402.01: PURPOSE AND POLICY. This Sewer Use Ordinance (SUO) sets forth
uniform requirements for discharge into the City's Sanitary Sewer System (SSS) and enables the
City of St. Joseph to comply with all State (Minnesota Pollution Control Agency) and Federal
(U.S. Environmental Protection Agency) laws.
The objectives of this ordinance are:
a) To prevent the introduction of pollutants which will interfere with the operation of
the facilities; and
b) To prevent the introduction of pollutants which will pass through the system
inadequately treated into receiving waters of the State or the atmosphere or
otherwise be incompatible with the system; and
C) To comply with Federal(EPA) and State(MPGA) rules and regulations in to
maintain eligibility for federal and state grants and loans for construction for
improvements or upgrades; and
d) To improve the ability to recycle and reclaim wastewater and biosolids from the
system.
The ordinance provides for the regulation of discharges to the SCWWTS through the
issuance of permits to specific users and through enforcement of the general requirements for all
users, authorizes monitoring and enforcement activities, provides for penalty relief, requires user
reporting, and provides for the method of setting fees necessary to carry out the program
established herein.
The ordinance shall apply to the City of St. Joseph and to persons outside the City who
are, by contract or agreement with the City, users of the City's SSS. Except as otherwise
provided herein, the City shall administer, implement and enforce the provisions of this
ordinance.
Section 402.02: DEFINITIONS. Unless the context specifically indicates otherwise, the
following terms, as used in this ordinance, shall have the meanings hereinafter designed.
Subd. 1: Act. The Federal Water Pollution Control Act, as amended, commonly referred
to as the Clean Water Act, United States Code, Title 33, Sections 1251, et. seq.
402-1
CHAPTER IV—WATER & SEWER
Subd. 2: Best Management Practices (BMP). The schedule of activities, prohibitions of
practices, maintenance procedures, and other management practices to implement the
prohibitions listed in 40 CFR 403.5. BMP also include treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal,
or drainage from raw material storage.
Subd. 3: Biosolids. The nutrient-rich organic treated and tested residuals from the
wastewater treatment process that meet federal and state standards for beneficial reuse as a
fertilizer and as a soil conditioner.
Subd. 4: Building Drain. That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage pipes inside the walls of the
building and conveys it to the building sewer, beginning five feet (5') (1.5 meters) outside the
inner face of the building wall.
Subd.5: Building Sewer or Sanitary Sewer Service. The extension from the building
drain to the public sanitary sewer main or other place of disposal.
Subd. 6: Carbanaceous Biochemical Oxygen Demand or CBOD. The quantity of
oxygen utilized in the biochemical oxidation of organic matter, in the presence of a nitrification
inhibitor, under standard laboratory procedures in five (5) days at 20 degrees centigrade
expressed in terms weight and concentration (milligrams per liter—mg/1).
Subd. 7: CFR. The Code of Federal Regulations, which is the codification of general
and permanent rules of departments and agencies of the federal government.
Subd. 8: Chemical Oxygen Demand or COD. The measure of the oxygen equivalent of
that portion of organic matter that is susceptible to oxidation by a strong chemical oxidant, using
EPA approved laboratory procedures.
Subd.9: City. The area within the corporate boundaries of the City of St. Joseph, as
presently established or as amended by ordinance or other legal actions at a future time. When
used herein, the term City may also refer to the City Council or its authorized representatives.
Subd.10: Cooling Water. The water discharged from any use such as air conditioning,
cooling, or refrigeration, or during which the only pollutant added to the water is heat.
Subd.11: Domestic Waste or Normal Domestic Strength Wastewater. Wastes from
residential users and from the sanitary conveniences of multiple dwellings, commercial
buildings, institutions, and industrial facilities.
Subd.12: EPA. The U.S. Environmental Protection Agency.
Subd.13: Flow. The quantity of at which wastewater expressed in gallons or cubic feet
per twenty-four (24) hours.
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Subd.14: General Pretreatment Regulations. The general pretreatment regulations for
existing and new sources of pollution promulgated by EPA under Section 307 (b) and (c) of the
Act and found at 40 CFR Part 403.
Subd.15: Indirect Discharge. The introduction of pollutants or wastes into the City's SSS
from any nondomestic source regulated under Section 301(b), (c), or(d) of the Act.
Subd.16: Individual Sewage Treatment System Permit. The permit required of a person
to construct a private wastewater disposal system.
Subd.17: Industrial Discharge Permit or Permit. A permit issued by the City of St.
Joseph to an Industrial User to use the City's sanitary sewer system as established herein.
Subd.18: Industrial Waste. Solid, liquid, or gaseous wastes, excluding domestic waste,
resulting from any industrial, manufacturing, commercial, institutional or business activity, or
from the development, recovery, or processing of a natural resource.
Subd.19: Industrial User. Any person who discharges industrial waste into the City's
SSS.
Subd.20: Interference. A discharge which alone or in conjunction with a discharge or
discharges from other sources inhibits or disrupts the City's SSS, its treatment process,
operations or solids process, use or disposal and , therefore, is a cause of a violation of any
requirement of the St. Cloud WWTF's NPDES Permit or the prevention of biosolids use or
disposal with statutory provisions and regulations or permits..
Subd. 21: Leachate. Wastewater resulting from the percolation of rain water and/or
internal liquids through the deposited material in a solid waste disposal facility.
Subd. 22. Liquid Waste._Wastewater that is collected from residential units,
commercial/industrial buildings and institutions within the community.
Subd. 23. Liquid WasteHauler. A user that transports waste for the purpose of discharge
to the City's SSS.
Subd.24: Local Limits. Discharge limitations established by the City to protect the
wastewater treatment process, infrastructure and the beneficial reuse of biosolids.
Subd.25: MPGA. The Minnesota Pollution Control Agency.
Subd. 26: MRP. Mercury Reduction Plan to ensure the maximum allowable mercury
loading to the WWTF is not exceeded.
Subd.27: National Pollutant Discharge Elimination System (NPDES)Permit. Any
permit or requirements issued by the Minnesota Pollution Control Agency (MPGA)pursuant to
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the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq); for the purpose of
regulating the discharge of wastewater, industrial wastes, or other wastes under the authority of
Section 402 of the Act.
Subd.28: Ordinance. The set of rules contained herein governing the discharge of
wastewater to the City's SSS.
Subd.29: Permittee. An industrial user authorized to discharge industrial waste into the
City's SSS pursuant to an Industrial Discharge permit.
Subd.30: Person. The State or any agency or institution thereof, any municipality,
governmental subdivision, public or private corporation, individual, partnership or other entity,
including, but not limited to, association, commission or any interstate body, and including any
officer or governing or managing body of any municipality, governmental subdivision or public
or private corporation, or other entity.
Subd.31: pH. The logarithm of the reciprocal of the concentration of hydrogen ions in
moles per liter of a solution. It is a measure of the acidity or basicity of a waste.
Subd.32: Phosphorus Management Plan. The strategy used by the City, including
pretreatment and operational procedures to reduce the amount of phosphorus discharged to the
environment
Subd.33: Phosphorus Reduction Strategy (PRS). The process of reporting, evaluating
and reducing the amount of phosphorus discharged to the City's SSS.
Subd.34: Pretreatment. The process of reducing the amount of pollutants, eliminating
pollutants, or altering the nature of pollutant properties in wastewater to a less harmful state prior
to or in lieu of discharging or otherwise introducing such pollutants into the City's SSS. The
reduction, elimination, or alteration may be obtained by physical, chemical or biological
processes, process changes or other means, except as prohibited by this ordinance.
Subd.35: Pretreatment Standards. Standards for industrial groups (categories)
promulgated by EPA pursuant to the Acts which regulate the quality of effluent discharge to
publicly owned treatment works and must be met by all users subject to such standards.
Subd. 36: Public Utility. The unit of municipal government and its people responsible
for the operation of the City's SSS and this ordinance.
Subd 37: Publicly Owned Treatment Works (POTW). The treatment works as defined
by Section 212 of the Act which is owned by the City of St. Cloud. This includes any devices
and systems used in the storage, treatment, recycling, and reclamation of municipal solids
residual or industrial wastewater of a liquid nature. It also includes sewers, pipes, and other
conveyances only if they convey wastewater to the WWTF. The term also means the
municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect
discharges to and the discharges from such a treatment system.
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Subd. 38: Residual Solids. Solids and associated liquids in municipal wastewater which
are encountered and concentrated by a municipal wastewater treatment facility.
Subd.39: Sewer. A pipe or conduit for carrying wastewater , industrial wastewater or
other waste liquids.
Subd.40: Sanitary Sewer). Pipes or conduits, pumping stations, forcemains, and all other
devices and appliances appurtenant thereto, used for collecting or conducting wastewater.
Subd. 41: Sanitary Sewer System (SSS): The City of St. Joseph's sanitary sewer system
including all sanitary sewer collection pipes, lift stations and forcemains. The SSS also includes
the St. Cloud Wastewater Treatment Facility (WWTF) and the St. Cloud Sanitary Sewer
Collection System, lift stations and forcemains.
Subd. 42: St. Cloud Area Wastewater Advisory Committee (SCAWAC). An advisory
group whose objectives are to share information, improve understanding of regional wastewater
issues, and to improve the level of cooperation in the resolution of regional wastewater issues.
Subd. 43: Shall is mandatory; May is permissive.
Subd. 44: Significant Industrial User or SN. All Industrial Users subject to categorical
pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N and any other
Industrial User that discharges an average of 25,000 gallons per day or more of process
wastewater to the SSS (excluding sanitary, non-contact cooling and boiler blow down
wastewater), contributes a process waste stream which makes up 5 percent or more of the
average dry weather hydraulic or organic capacity of the SSS , or is designated as such by the
control authority as defined in 40 CFR 403.12 (a) on the basis that the Industrial User has a
reasonable potential for adversely affecting the SSSoperation or for violating any pretreatment
standard or requirement in accordance with 40 CFR 403.8 (f)(6). If, upon finding that an
Industrial User meeting the criteria of this subdivision has no reasonable potential for adversely
affecting the SSS'soperation or for violating any pretreatment standard or requirement, the
control authority, as defined in 40 CFR 403.12 (a), may, at any time, on its own initiative or in
response to a petition received from an Industrial User or SSS and in accordance with 40 CFR
403.8 (f)(6) determine that such Industrial User is not a Significant Industrial User. The City
may determine that an Industrial User subject to categorical Pretreatment Standards under 40
CFR 403.6 and 40 CFR Chapter 1, subchapter N is a Non-Significant Categorical Industrial User
rather than a Significant Industrial User on a finding that the Industrial User never discharges
more than 100 gallons per day (gpd) of total categorical wastewater(excluding sanitary, non-
contract cooling water and boiler blowdown wastewater, unless specifically included in the
Pretreatment Standard) and the conditions are met as stated in 40 CFR 403.3 (v) (2) (i, ii, iii).
Subd. 45: Slug. Any waste discharge, of water or wastewater which in concentration of
any given constituent or in quantity of flow, exceeds four(4) times the average twenty-four (24)
hour concentration or flow during normal operation which may by itself or in combination with
other wastes cause an interference within the SSS.
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Sub.46: Storm Water. Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
Subd. 47: Storm Sewer (sometimes termed Storm Drain). A sewer which carries storm
and surface water and drainage, but excludes wastewater and industrial wastes, other than
unpolluted cooling or process water.
Subd. 48: Sump Pump. A pump, which removes storm or ground water from a sump
well.
Subd. 49: Total Suspended Solids (TSS). The total suspended matter that either floats on
the surface of, or is suspended in water, wastewater or other liquids, and which is removable by a
standard glass fiber filter.
Subd. 50: Total Toxic Or ag mics. The summation of all values greater than 0.01 mg/l of
toxic organics listed in Section 307 (A) of the Act.
Subd. 51: Unpolluted Water. Clean water uncontaminated by industrial wastes, other
wastes, or any substance which renders such water unclean, or noxious, or impure so as to be
actually or potentially harmful or detrimental or injurious to public health, safety or welfare, to
domestic, commercial, industrial or recreational use, or to vegetation, domestic animals
livestock, wild animals, birds, fish, or other aquatic life.
Subd. 52: User. Any person who discharges, causes or permits the discharge of
wastewater into the SSS.
Subd. 53: Wastewater. The liquid and water-carried industrial or domestic wastes from
dwellings, commercial buildings, industrial facilities, and institutions, together with any
groundwater, surface water, and storm water that may be present, whether treated or untreated,
which is discharged into or permitted to enter the City's SSS.
Section 402.03: INDIVIDUAL SEWAGE TREATMENT SYSTEM.
Subd. 1: Where a public sanitary sewer is not available, the building sewer shall be
connected to an individual sewage treatment system complying with the provisions of this
Section 402.01, Sewage Treatment Systems and Minnesota Pollution Control Agency Rules,
Chapter 7080. The provision of this subsection shall be in addition to any requirements
established by applicable federal, state, or local laws and regulations and shall not be construed
to relieve any liability or obligation imposed by such laws and regulations.
Subd. 2: Any person operating a private wastewater disposal system who wishes to
discharge waste products to the City's SSS resulting from the treatment of domestic wastewater
only shall by obtaining permission from the City prior to the discharge occurring.
Section 402.04: BUILDING SEWERS AND CONNECTIONS.
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Subd. 1: No person unless authorized shall uncover, make any connections with or
disturb any public sewer or appurtenance thereof, unless and until a Sewer Connection Permit
and an Excavation Permit are obtained from the City Administrator. Fees for each of these
permits shall be established by the City Council, and the Excavation Permit shall be subject to
the provisions of Ordinance No. 507.
Subd. 2: Sewer Hook-up Charge. Repealed on 9/9/04 and replaced with Ordinance 404.
Subd. 3: All costs incurred in the installation, maintenance, repair, replacement, and
connection of the building sewer to the sanitary sewer main shall be borne by the owner. The
owner shall indemnify and hold harmless the City from any loss or damage to the public sewer
that may directly or indirectly be occasioned by the installation of the building sewer.
Subd. 4: A separate and independent building sewer shall be provided for every building,
except where one building stands at the rear of another on an interior lot and no private sewer is
available or can be constructed to the rear building through an adjoining alley, courtyard, or
driveway. The building sewer from the front building may be extended to the rear building and
the whole considered as one building sewer, provided that the City shall require a written
agreement between the property owners as to the share of the costs of construction and
maintenance which each will contribute.
Subd. 5: Old building sewers may be used in connections with new buildings only when
they are found, on examination and tested by the City, to meet all requirements of this ordinance.
Subd. 6: The size, slope, alignment, materials of construction of a building sewer, and
the method to be used in excavating, placing of the pipe,jointing, testing, and backfilling the
trench, shall all conform to the requirements of the building and plumbing code or other
applicable rules and regulations. . In the absence of code provisions or in amplification thereof,
the materials and procedures set forth in Practice No. 9 and applicable American Society of
Testing and Materials (ASTM) standards shall apply.
Subd. 7: Whenever possible, the building sewer shall be brought to the building at an
elevation below the basement floor. In all buildings in which any building drain is too low to
permit gravity flow to the public sewer, such building drain shall be provided with a lifting
device approved by the Plumbing Inspector and discharged to the building sewer.
Subd. 8: No person shall make connection of roof downspouts, sump pumps, exterior
foundation drains, areaway drains or other sources of surface runoff or groundwater to a building
sewer or building drain which in turn is connected directly or indirectly to a public sanitary
sewer.
Subd. 9: The construction of the building sewer and its connection into the public sewer
shall conform to the requirements of the building and plumbing code, the sewer specifications
included herein, or other applicable rules and regulations and the procedures set forth in
appropriate specifications of the Water Pollution Control Federation Manual(ASTM). All such
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construction shall be made gastight and watertight. Any deviation from the prescribed
procedures and materials must be approved by the Plumbing Inspector before installation.
Subd. 10: Employees or designated agents of the City shall be allowed to inspect the
work at any stage of construction and, in any event, the applicant for the connection shall notify
the Plumbing Inspector when the work is ready for final inspection and no underground portions
shall be covered before the final inspection is completed. The connection shall be made under the
supervision of the City.
Subd. 11: Any new connections to the sanitary sewer shall be prohibited unless sufficient
capacity is available in all downstream facilities as determined by the City.
Section 402.05: MAIN AND LATERAL SEWERS.
Subd. 1: No person, unless authorized by the City, shall uncover, make any connections
with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first
complying with the provisions of Section 402.04 and obtaining a written permit from the City.
Subd. 2: No sanitary or storm sewers shall be constructed in the City (except building
drains or building sewers) except by written approval of the City, and subject to inspection
during construction by employees or designated agents of the City. No such sewers shall be
considered to be a part of the public sewer system unless accepted by the City.
Subd. 3: The size, slope, alignment, material of construction, methods to be used in
excavation, placing of pipe,jointing, testing, backfilling and other work connected with the
construction of sewers shall conform to the requirements of the City.
Section 402.06: PROTECTION FROM DAMAGE. No person shall maliciously,
willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance, or equipment which is a part of the SSS.
Section 402.07: USE OF PUBLIC SEWERS.
Subd. 1: It shall be unlawful to discharge to any natural outlet within the City or in any
area under the jurisdiction of the City any wastewater or other polluted waters, except where
suitable treatment has been provided in accordance with subsequent provisions of this ordinance.
Subd. 2: As set forth in Section 402.03, it shall be unlawful to construct or maintain any
privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of
wastewater.
Subd. 3: The owner of any building or property which is located within the City, or in
any area under the jurisdiction of the City, and from which wastewater is discharged, shall be
required to connect to a public sewer system at the owner's expense within ninety (90) days after
service of official notice to do so,provided that sanitary sewer is reasonably available. Said
ninety (90) days shall be consecutive calendar days exclusive of the days between November 1
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and May 15. Additionally, if the building or property is used for human occupancy, employment
or recreation, the owner shall be required to install at the same time toilet facilities in accordance
with the Minnesota Building Code and other ordinances of the City.
Subd. 4: In the event an owner shall fail to connect to a public sewer in compliance with
a notice given under Section 402.07 Subd. 3 of this ordinance, the City may undertake to have
said connection made and shall assess the cost thereof against the benefited property and said
assessment shall be a lien against said property. Such assessment, when levied, shall bear interest
at the rate determined by the Council, the rate of eight percent (8%)per annum and shall be
certified to the auditor of the county in which the land is situated and shall be collected and
remitted to the City in the same manner as assessments for local improvements. The rights of the
City under this subdivision shall be in addition to any other remedial or enforcement provisions
of this ordinance.
Subd. 5: No person shall discharge or cause to be discharged directly or indirectly any
storm water, surface water, groundwater, roof runoff, sump pump discharge, sub-subsurface
drainage, unpolluted cooling or process water to any sanitary sewer unless there is no prudent
and feasible alternative and unless as approved by the City.
Subd. 6: Storm water and all other unpolluted water shall be discharged to a storm sewer,
except that unpolluted cooling or process water shall only be so discharged upon approval by the
City and the user may be required to obtain a NPDES Permit from the MPGA.
Section 402.08: PHOSPHORUS MANAGEMENT.
Subd.1: Any non-domestic, i.e. commercial or industrial, source may be included as part
of the Phosphorus Management Plan (PMP) and required to evaluate their phosphorus discharge
to the SSS.
Subd. 2: Any significant non-domestic nutrient contributor(NDNC) of phosphorus, as
determined by the City will be required to develop a Phosphorus Reduction Strategy (PRS). The
NDNC will evaluate and/or update the PRS to include methods and/or steps taken to eliminate or
reduce phosphorus loading to the SSS.
Section 402.09: MERCURY MANAGEMENT
Subd. 1: Mercury levels shall not be detectable above 0.2 micrograms per liter in the
wastewater discharge to the SSS. Mercury sampling procedures, preservation and handling and
analytical protocol for compliance monitoring shall be in accordance with EPA Method 245.1 or
another method approved or required by the City. The level of detection developed in
accordance with the procedures specified in 40 CFR 136, shall not exceed 0.2 micrograms per
liter for mercury, unless higher levels are appropriate due to matrix interference.
Subd. 2: To ensure that the maximum allowable mercury loading to the WWTF is not
exceeded, the WWTF may require non-domestic users with a reasonable potential to discharge
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mercury to develop, submit for approval and implement a Mercury Reduction Plan (MRP). At a
minimum, an approved MRP shall contain the following:
a) A written commitment by the non-domestic user to reduce all non-domestic
discharges of mercury to levels below the level of detection within 36 months of
the MRP's original approval date.
b) Within 60 days of notification by the WWTF that a MRP is required, the non-
domestic user shall supply an initial identification of all potential sources of
mercury which could be discharged to the WWTF.
C) Specific strategies for mercury reduction with reasonable time frames for
implementation, capable of ensuring that mercury discharges will be below the
specified level of detection within 36 months.
d) A program for quarterly sampling and analysis of the non-domestic discharge for
mercury in accordance with EPA method 245.1
e. A demonstration of specific, measurable and/or otherwise quantifiable mercury
reductions consistent with the goal of reducing mercury discharges below the
specified level of detection. Where such reductions cannot be demonstrated
through normal effluent monitoring (e.g. mercury discharges are already near
level of detection), the demonstration should incorporate the following:
i. Internal process monitoring, documenting the results of mercury reduction
strategies at sampling locations within the facility (e.g. a program of
regular monitoring of sink traps where mercury containing reagents had
previously been disposed of, but have since been substituted by non-
mercury containing compounds.
ii. Internal and/or effluent sampling utilizing clean and/or ultra-clean
sampling and analytical methods as referenced by the EPA Federal
Register. The results of such monitoring will not be used for compliance
purposes unless performed in accordance with EPA Method 245.1 and
collected at the appropriate compliance measurement location; and
iii. Loading calculations wherein the non-domestic user calculates the total
mass of mercury reduced from the sanitary sewer discharge through
reagent substitutions, changes in disposal practices and/or other approved
MRP strategies implemented.
f A semi-annual report on the status of the mercury reduction efforts. At a
minimum, these reports shall: identify compliance or noncompliance with
specific reduction commitments in the MRP; summarize the analytical, mass-
based or quantifiable demonstration of mercury reductions performed to date;
provide all applicable analytical data;provide an evaluation of effectiveness of
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actions to date;provide updates to the initial list of mercury containing
compounds discharged to the sanitary sewer and propose for approval new
strategies and/or modifications to the current MRP to continue and improve
mercury reduction efforts.
g. Failure to submit an appropriate MRP within 30 days of the required due date
shall constitute significant non-compliance in accordance with this Section, and
will result in publication as a significant violator;
h. A non-domestic user may request a variance from MRP requirements if all
samples of the discharge for a period of one year are less than the specified level
of detection; the non-domestic user has complied with the minimum monitoring
frequency of quarterly sampling events and the City deems that the MRP
commitments have been fulfilled sufficiently to ensure continued compliance with
the mercury limitation. Notice of approval or disapproval of the variance from
MRP requirements will be made in writing from the City.
i. If a MRP variance is issued, the non-domestic user remains subject to the local
limitation for mercury.
Subd. 3: If mercury is determined at levels above 0.2 micrograms per liter, the
contributing User shall reimburse the City for all sampling and testing associated with the
compliance monitoring and investigating the mercury source.
Section 402.10: INDUSTRIAL DISCHARGE PERMIT
Subd. 1: Permit Requirement. Industrial users discharging wastewater to the SSS shall
apply for an industrial discharge permit in accordance with these rules unless the City determines
that the wastewater has an insignificant impact to the collection system or the WWTF. No
industrial user requiring a permit shall discharge to the SSS until the industrial user has been
issued a permit. Issuance of an industrial discharge permit shall not relieve the industrial user
from any obligation to obtain any hazardous waste license required by other authorities or to
comply with any other local, state, or federal requirements regarding waste disposal.
The criteria to be utilized by the City to determine if an Industrial Discharge Permit will
be required shall include:
a) An average flow greater than 25,000 gallons per operating day, or
b) A pollutant concentration of greater than 50% for one or more regulated
pollutants at the point of discharge or;
C) Has properties in the discharge for it to be constituted a prohibited discharge, or;
d) Has been pretreated or passed through an equalization tank before discharge, or;
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e) A hydraulic or organic loading greater than 5% of the average dry weather
capacity of the WWTF or;
f) An industrial process regulated by EPA categorical standards, or
g) Other criteria as designated by the WWTF as defined in 40 CFR 403.12 (a).
Subd. 2: Permit Application.
a) Existing Significant Industrial User. An existing Significant Industrial User or
other person who is required to obtain an Industrial Discharge Permit shall
complete and file a permit application with the City within (ninety) 90 days of
notification. The appropriate permit fee as provided by Council resolution shall
accompany the permit application form at the time of application. A user shall
have one year from the date of notification by the City to obtain an Industrial
Discharge Permit.
Subd. 3: New Significant Industrial Users. All new significant industrial users proposing
to connect or to commence a new discharge into the wastewater disposal system shall apply for
an Industrial Discharge Permit prior to connection to or discharging into the City's SSS. No
discharge to the City's SSS can commence until an Industrial Discharge Permit is received unless
the City has ruled that:
a) An industrial discharge permit is not required, and
b) A discharge waiver is granted to commence discharge pending final action by the
City.
Subd. 4: Incomplete or Deficient Application. If the permit application is incomplete or
otherwise deficient, the City will advise the applicant of such incompleteness or deficiency. An
Industrial Discharge Permit shall not be issued until an application is complete.
Subd. 5: Issuance of Industrial Discharge Permit. Within sixty (60) days after receipt of
a completed application form from the industrial user, the City shall, upon a determination that
the applicant is capable of compliance with the Industrial Discharge Permit conditions and these
rules, issue an Industrial Discharge Permit subject to the terms and conditions provided herein.
The following are types of Industrial Discharge Permits:
a. Standard Permit, with requirements for a specific facility, will be issued to an
industrial user with a direct discharge connection to a public sewer. A Standard
Permit will be issued to each Significant Industrial User, and other industrial users
determined by the City.
Subd. 6: Permit Conditions. Industrial Discharge Permits shall be expressly subject to
all provisions of this ordinance and all other applicable regulations, user charges and fees
established by the City Council. Permits shall contain the following:
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a) A summary of the penalties and charges applicable for violations of the terms of
permit as provided in Section 402.10 of this ordinance.
b) The unit charges or schedule of user charges and fees for the wastewater to be
discharged to the SSS.
C) Limits on the average and maximum wastewater constituents and characteristics
either in terms of concentration, mass limitations, or other appropriate limits;
d) Limits on average and maximum rate and time of discharge or requirements for
flow regulations and equalization;
e) Requirements for installation and maintenance on inspection and sampling
facilities;
f) Requirements for access to the permittee's premise and records;
g) Requirements for installation, operation, and maintenance of pretreatment
facilities; (see Section 402.17 on pretreatment);
h) Specifications for monitoring programs which may include sampling locations,
frequency and method of sampling, number, types and standards for tests and self
reporting schedule;
i) Compliance schedules;
j. Requirements for maintaining and retaining records relating to wastewater
discharge as specified by the City, and affording the City access thereto;
k) Requirements for notification to the City of any new introduction of wastewater
constituents or any substantial change in the volume or character of the
wastewater constituents being introduced into the City's SSS.
1) Requirements for notification of sludge discharge as provided in Section 402.15;
of this ordinance; and
m) The requirement for Industrial Discharge Permit transfer as stated herein; and
n) Other conditions as deemed appropriate by the City to ensure compliance with
this ordinance.
Subd. 7: Permit Modification, Suspension, and Revocation. An Industrial Discharge
Permit may be modified, suspended or revoked, in whole or in part by the City during its term
for cause, including:
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a) Violation of these rules;
b) Violation of any terms or conditions of the Industrial Discharge Permit;
C) Obtaining an Industrial Discharge Permit by misrepresentation or failure to
disclose fully all-relevant facts;
d) Amendment of these rules;
e) A change in the wastewater treatment process, which results in the permittee's,
discharge having a significantly different and negative impact on the process;
f) A change in the permittee's industrial waste volume or characteristics which the
permittee knows or has reason to know will or is likely to have, either by itself or
by interaction with other wastes, a negative impact on the treatment process;
g) A change in the WWTF's NPDES or SDS Permit requirements, or any other
changes made by Local, State and/or Federal rules; and
h) A determination by the City that the permittee's discharge reasonably appears to
present an imminent endangerment to the health or welfare of persons, present an
endangerment to the environment, or threaten interference with the operation of
the SSS.
Subd. 8: Time Schedule for Compliance. Any modifications in the Industrial Discharge
Permit shall specify a reasonable time schedule for compliance.
Subd. 9: Refund of Permit Fee on Surrender or Revocation. A permittee may surrender
an Industrial Discharge Permit to the City prior to the permit's scheduled termination. In the
event that a permit is surrendered or revoked, the permittee shall be refunded a pro rata portion
of the permit fee paid.
Subd. 10: Permit Duration. Permits shall be issued for a specified time period, not to
exceed five (5) years. The user shall apply for permit reissuance a minimum of 180 days prior to
the permit's expiration date by filing with the City a permit reissuance application. The terms and
conditions of the permit may be subject to modification by the City during the term of the permit
as limitations or requirements as identified in Section 402.10 are modified or other just cause
exists. The user shall be informed prior to the effective date of change. Any changes or new
conditions in the permit shall include a reasonable time schedule for compliance.
Subd. 11: Permit Transfer. Industrial Discharge Permits are issued to a specific user, at a
specific location, for a specific operation. An Industrial Discharge Permit shall not be reassigned
or transferred or sold to a new owner, new user, different premises, or a new or changed
operation without the approval of the City. Any succeeding owner or user shall also comply
with the terms and conditions of the existing permit until its expiration date. In the event of a
change in the entity owning the industrial discharge facilities for which there is an Industrial
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Discharge Permit, the prior owner, if feasible, shall notify the City and the succeeding owner of
said change in ownership and of the provisions of the Industrial Discharge Permit and these
Rules. The new owner shall submit a new permit application or shall submit to the City an
executed statement agreeing to be bound by the terms and conditions of the existing Industrial
Discharge Permit for the facility, in which case, upon consent of the City, the permit shall
continue in effect.
Subd. 12: Permit Fees. The Industrial Discharge Permit fee, paid to the City, for total
waste (million gallons per year) for both initial and reissuance shall be set from time to time, by
a resolution of the City Council. Separate fees shall be established for the following categories:
a) Less than one (1) million gallons per year, annual permit fee of$200 paid at the
time of issuance or re-issuance of industrial permit agreement.
b) Between one (1) and ten (10) million gallons per year, annual permit fee of
$ 300 paid at the time of issuance or re-issuance of industrial permit agreement.
C) Greater than ten (10) million gallons per year, annual permit fee of$ 400
paid at the time of issuance or re-issuance of industrial permit agreement.
d) Permit Application and Re-issuance Application fee of$ 100.
Subd. 13: Permit Violation Fees. Permitees shall pay violation fees as follows by forty-
Five (45) days of the original report due date:
a) Discharge Violation Fee of$100.
b) Late Industrial Discharge Monitoring Report Fee of$ 100
C) Permit Violation Fee of$ 100.
Section 402.11: Liquid Waste Hauler Requirements
Subd. 1: Liquid Waste Haulers: Liquid Waste Haulers_are not permitted to discharge
residential, commercial or industrial waste into the SSS. Exceptions may be granted for waste
from City Parks as approved by the City.
Subd. 2: Contaminated Groundwater Discharge Requirements: Any
Person seeking to discharge contaminated groundwater into the SSS shall apply to the City for
discharge approval.
a. Application: A written application for approval to discharge leachate or
contaminated groundwater into the SCWWTS shall be submitted to the City
according to the following:
i. An application for approval to discharge shall be submitted at least 15
days prior to initiation of the proposed discharge;
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ii. An application for approval to discharge for a duration greater than six (6)
months shall be submitted at least 90 days prior to initiation of the
proposed discharge.
iii. The application shall be made in a form established by the City.
b. Approval or Denial:Upon receipt of a complete application for discharge
approval, the City shall:
i. Within 30 days, issue a written approval for discharges that will not
exceed six (6) months in duration; or
ii. Within 90 days, issue an industrial discharge permit for discharges that
will exceed six (6) months of duration; or
iii. Deny the request for discharging the SSS and state the reasons for denial
C. Conditions of Discharge: Any person who has obtained a written approval or a
permit shall discharge in accordance with the terms of the approval or permit, any
other applicable provisions of these rules, applicable pretreatment standards under
the Act, and any other requirements set forth by the City.
Section 402.12: PROHIBITIVE DISCHARGE
Subd. 1: No person shall discharge or cause to be discharged, directly or indirectly, into
the SSS any of the following:
a) Any combustible, flammable or explosive solids, liquids, or gases which by their
nature or quantity will or are likely to cause either alone or by interaction with
other substances a fire or explosion or be injurious to the treatment facility
operation. At no time shall two (2) successive readings on an explosimeter, at the
point of discharge into the sewer system, be more than five percent (5%) nor shall
there by any single reading over ten percent (10%) of the Lower Explosive Limit
(LEL). Prohibited materials include but are not limited to gasoline, kerosene,
naphtha, fuel oil, lubricating oil, benzene, toluene, xylene, ethers, alcohols, and
ketones.
b) Any solids or viscous substances which will or are likely to cause obstruction to
the flow in a sewer or interference with the operation of the wastewater treatment
facility. These include but are not limited to garbage with particles greater than
one-half inch (1/2") in any dimension, grease, animal guts or tissues, bones, hair,
hides or fleshings, entrails, feathers, ashes, sand, spent lime, stone or marble dust,
metal, glass, grass clippings, rags, spent grains, waste paper, wood,plastic, gas,
tar, asphalt residues, residues from refining or processing of fuel or lubricating
oil, glass grinding and polishing wastes.
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C) Any wastewater having a pH less than 5.0 or greater than 12.0 or having any
corrosive property that will or is likely to cause damage or hazard to structures,
equipment, or employee of the City.
d) Any alkaline wastewater which alone or with others will or is likely to cause an
elevated pH in the treatment facility influent so as to result in an inhibiting effect
on the biological process or encrustation to the system sewer.
e) Any wastewater containing toxic or poisonous pollutants in sufficient quantity,
either by itself or by interaction with other pollutants, that will or is likely to cause
interference or constitute a hazard to humans. (A toxic pollutant shall include but
not be limited to any pollutant identified pursuant to Section 307 (a) of the
Federal Water Pollution Act)
f) Any noxious or malodorous solids, liquids, or gases, which either by itself or by
interaction with other wastes, will or are likely to create a public nuisance or
hazard to life or prevent the entry of City employees into a sewer for its
monitoring, maintenance, and repair.
g) Any wastewater which will or is likely to cause excessive discoloration in
treatment plant facility effluent.
h) Wastes, other than Domestic Wastes, that is infectious before discharging into the
sewer.
i) Any solids residual from an industrial pretreatment facility except as provided in
Section 402.17.
j) Heat in amounts which will or which is likely to inhibit biological activity in the
treatment facility, but in no case heat in such quantities that the Industrial User's
waste temperature is greater than 65 C (150 F) at its point of discharge to the
sewer system, or heat causing, individually or in combination with other
wastewater, the influent at the wastewater treatment plant to have a temperature
exceeding 40 C (104 F).
k) Any wastewater containing fat, wax, grease or oil in excess of 100 mg/l that will
or is likely to solidify or become viscous at temperatures between 0 C (32 F) and
65 C (150 F) and which will or is likely to cause interference at the WWTF,
including petroleum oil, non-biodegradable cutting oil or products of mineral oil
origin.
1) Any slug discharged in such volume or strength which a person knows or has
reason to know will or is likely to cause interference to the SSS.
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m) Any substance including nutrients which will cause the WWTF to violate its
NPDES and/or State Disposal System Permit or the receiving water quality
standards or goals.
n) Any substance which may cause the WWTF effluent or any other product of the
wastewater treatment process such as residues, sludges, or scums, to be unsuitable
for reclamation and reuse or to interfere with the reclamation process. In no case,
shall a substance discharged to the wastewater treatment system cause the system
to be in noncompliance with sludge biosolids use or disposal criteria, guidelines
or regulations developed under pursuant to the Solid Waste Disposal Act, the
Clean Air Act, the Toxic Substances Control Act, or State standards applicable to
the biosolids management method being used.
o) Any wastewater containing inert suspended solids (including lime slurries and
lime residues) or dissolved solids (including sodium chloride) in such quantities
that will or is likely to cause interference with the SSS or WWTF.
p) Radioactive wastes or isotopes of such a half-life or concentration that they are in
non-compliance with standards issued by the appropriate authority having control
over their use and which will or are likely to cause damage or hazards to the SSS
or POTW or to employees operating it.
q) Any hazardous waste, unless prior approval has been obtained from the City.
r) Any waste generated outside the area served by the SSS without prior approval of
the City.
S) Any unpolluted water, including cooling water, rain water, storm water or
groundwater, unless there is no other prudent or feasible alternative as determined
by the City.
t) Any trucked or hauled wastes or pollutants, except if approved by the City at
discharge points designated by the City.
u) Phosphorus or other nutrients that exceed acceptable limits as set by the WWTF.
Section 402.13: LIMITATIONS ON WASTEWATER STRENGTH
Subd. 1: Federal Pretreatment Standards. Federal Pretreatment Standards and General
Regulations promulgated by the U.S. Environmental Protection Agency (EPA)pursuant to the
Act shall be met by all users which are subject to such standards in any instance where they are
more stringent than the limitations in this ordinance unless the City has applied for, and obtained
from the MPCA approval to modify the specific limits in the federal pretreatment standards. In
all other respects, Industrial Users subject to Pretreatment standards shall comply with all
provisions of these rules and any permit issued thereunder, notwithstanding less stringent
provisions of the General Pretreatment Regulations or any applicable Pretreatment Standard.
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Subd. 2: State Requirements. State requirements and limitations on discharges shall be
met by all users, which are subject to such standards in any instance in which they are more
stringent than federal requirements and limitations or those in this ordinance.
Subd. 3: City's Right of Revision. The City reserves the right to establish by ordinance
more stringent limitations or requirements on discharges to the SSS if deemed necessary to
comply with the objectives presented in Section 402.01 of this ordinance.
Subd. 4: Dilution. No user shall increase the use of process water, or in any way,
attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve
compliance with the limitations contained in any local or, State requirements or Federal
pretreatment standards.
Subd. 5: Removal Credits and Variances.
a) If the WWTFachieves consistent removal of pollutants limited by Federal
Pretreatment Standards, the City may apply to MPCA for modification of specific
limits of the EPA Pretreatment Standards. The City shall modify pollutant
discharge limits applicable to an Industrial User in the Pretreatment Standards if
the requirements contained in 40 CFR 403.7 of the General Pretreatment
Regulations relating to credits for the removal of pollutants are fulfilled and
approval from MPCA is obtained. However, nothing herein shall be construed to
require the City to apply to MPCA for removal credits nor shall it be construed to
in any way limit the applicability of the limitations provided in Section 402.13,
Subd. 6 in the event that such a removal credit is granted, except as provided in
Section 402.13, Subd. 1.
b) The City shall recognize and enforce the conditions allowed for by variances from
Pretreatment Standards for fundamentally different factors as granted by EPA to
individual Industrial Users in accordance with 40 CFR 403.13 of the General
Pretreatment Regulations.
C) The City shall notify all affected Industrial Users of the applicable Pretreatment
Standards, their amendments, and reporting requirements in accordance with 40
CFR 403.12 of the General Pretreatment Regulations. A compliance schedule is
part of the Industrial Discharge Permit shall be developed between the City and
the Industrial User to ensure that the Industrial User complies with local, State
and Federal limitations in a timely manner as provided by the same section of the
General Pretreatment Regulations.
Subd. 6: Local Limitations/Pretreatment Standards. No person, except as authorized
pursuant to a compliance schedule in a permit, shall discharge or cause or allow to be discharged,
directly or indirectly, into the SSS any of the following waste pollutants containing
concentrations in excess of the following maximum limitations for any operating day:
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Pollutant Maximum Allowable Concentration* (mg/1)
Arsenic 0.13
Cadmium 0.20
Chromium, Total 3.94
Copper 2.76
Cyanide, Total 3.11
Lead 1.25
Mercury .0002
Molybdenum 0.11
Nickel 0.75
Selenium 0.23
Silver 0.56
Zinc 4.23
Ammonia Nitrogen Best Management Practices
CBODS Best Management Practices
Phosphorus Best Management Practices
Total Suspended Solids Best Management Practices
Subd. 7: Special Agreements. No statement contained in this subsection, except as
promulgated by the EPA as stated in Section 402.13, Subd 1 shall be construed as preventing any
special agreement or arrangement between the City and any industrial concern whereby an
industrial waste of unusual strength or character may be accepted by the City for treatment,
subject to payment therefore, by the industrial concern, in accordance with applicable ordinances
and any supplemental agreement with the City.
Subd. 8: Pretreatment Standards Notification. The City shall notify all affected
Industrial Users of the applicable Pretreatment Standards, their amendments, and reporting
requirements in accordance with Code of Federal Regulations, Title 40, Section 403.12 of the
General Pretreatment Regulations. A compliance schedule shall be developed between the City
and the Industrial User to ensure that the Industrial User complies with local, State, and Federal
limitations in a timely manner as provided by the same Section of the General Pretreatment
Regulations.
Subd. 9: Reports. Reports specified in Code of Federal Regulations, Title 40, Section
403.12 of the General Pretreatment Regulations shall be submitted to the WWTF by affected
users.
Section 402.14: STRENGTH CHARGE SYSTEM
Subd. 1: Any permittee as designated by the City, discharging into the SSS industrial
waste at carbonaceous biochemical oxygen demand and/or total suspended solids concentrations
in excess of base levels shall be subject to a strength charge. Further, any person discharging
waste into the SCWTS may be subject to a strength charge under the same provisions. Base
levels, strength charge rates and the procedures for determining strength, will be set by Council
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resolution and may be adjusted annually. Additional parameters, other than carbonaceous
biochemical oxygen demand and total suspended solids may be subject to a strength charge.
Subd. 2: Industrial user charge may also include specific credits for industrial
pretreatment which would encourage reduction in overall WWTF plant loading. Such credit to
be determined by the City.
Subd. 3: Persons subject to a strength charge shall pay the full amount to the City within
30 calendar days after the billing date. A penalty in the amount of Five Dollars ($5.00) or 5.5%
of the balance, whichever is greater, shall be added to all Public Utilities accounts not paid in full
by the due date. The penalty for late payment shall be added to each billing for which the
account remains unpaid.
Subd. 4: Certification Fee. A Fifty Dollar ($ 50.00) charge will be added to all accounts
certified to the County Auditor's officer for collection. This fee is to be considered separate and
distinct from any penalty or interest that may be charged by the County as a result of
certification.
Section 402.15: ACCIDENTAL AND SLUG DISCHARGES
Subd. 1: Prevention of Accidental and Slug Discharges. All Industrial Users shall
provide adequate protective procedures to prevent the accidental discharge of any waste
prohibited in Section 402.11, any waste in excess of the limitations provided in Section 402.14,
or any waste in violation of an applicable pretreatment standard.
Subd. 2: Accidental Discharge. Accidental discharges of prohibited waste into the SSS,
directly or through another disposal system, or to any place from which such waste may enter the
SSS shall be reported to the City by the persons responsible for the discharge, or by the owner or
occupant of the premises where the discharge occurred, immediately upon obtaining knowledge
of the fact of such discharge. Such notification will not relieve users of liability for any expense,
loss or damage to the wastewater disposal system or treatment process, or for any fines imposed
on the City on account thereof under any State or Federal law or Sewer Use Agreement. The
responsible person shall take immediate action as is reasonably possible to minimize or abate the
prohibited discharge.
The responsible person shall send a letter describing the prohibited discharge to the City
within seven (7) days after obtaining knowledge of the discharge. The letter shall include the
following information:
a) The time and location of the spill;
b) Description of the accidentally discharged waste, including estimate of pollutant
concentrations;
C) Time period and volume of wastewater discharged;
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d) Actions taken to correct or control the spill;
e) A schedule of corrective measures to prevent further spill occurrences.
Subd. 3: Slug Discharge. In the event that an Industrial User discharges a Slug in such
volume or strength that the Industrial User knows or has reason to know it will cause interference
in the WWTF, the Industrial User shall immediately report the same to the City. Within seven (7)
days thereafter, the Industrial User shall send a letter to the City describing the slug as specified
under Accidental Discharge.
Subd. 4: Spill Containment Program Requirement. Any Industrial User with a
significant potential to discharge materials listed in the prohibited discharge section of this
ordinance is required to install and maintain an adequate spill containment system. General spill
containment requirements are listed below:
a) Process, storage, holding or treatment tanks containing materials listed in the
prohibitive discharge section of this ordinance as well as the associated piping,
pumps, and other appurtenances must be contained if a spill or leak could enter
the sewer. This includes tanks used for short-duration mixing, processing or
storage.
b) The City prohibits floor drains with direct connections to the public sewer in
facilities that store toxic or flammable materials.
C) The spill containment system must be capable of containing 100 percent of the
volume of the largest tank of restricted material.
Subd. 5: Acceptable Containment Systems include:
a) Diking. Diking may be used to spill contain single shell tanks. Diking usually
consists of concrete blocks, concrete berming or other materials that form a
permanent structural barrier. Portable spill containment trays/pallets are also
acceptable.
b) Self-Containment. Tanks of double shell construction are considered to be self-
contained and no not require additional spill containment features unless there is a
significant likelihood of overflowing. These tanks consist of two independent
structural shells with the outer shell capable of containing any leakage from the
inner one. An air gap of at least one-inch must be provided between the inner and
outer shell.
d) Pits. Pits constructed under or around tanks are acceptable as spill containment.
No openings, manual or electric gates or valves are allowed.
Subd. 6: Discharge Control Plan. Any Significant Industrial User (SN) that may batch
discharge or any wastewater(including from spill containment areas), treated or
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otherwise, and that discharge may potentially cause adverse impacts to the collection
system or treatment plant must complete and implement a Slug Discharge Control Plan.
Slug Discharge Control Plan must contain the following elements:
a) Description of discharge practices, including non-routine batch discharges;
b) Description of stored chemicals;
C) Procedure for promptly notifying the City of slug discharges as defined under
Section 403.5(b) of the Code of Federal Regulations Title 40 and Section 402.14
of this Ordinance, with procedures for follow-up written notification within five
(5) days;
e) Procedures necessary to prevent adverse impact from accidental spills, including
inspection and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of site runoff, and training. Include
drawings that show spill containment dimensions and the locations of all floor
drains, wastewater piping and pretreatment equipment;
Section 402.16: MONITORING
Subd. 1: Monitoring Facilities. When required by the City's permit, the permittee of any
property serviced by a building sewer carrying industrial wastes shall install a suitable control
structure, together with such necessary meters and other appurtenances in the building sewer to
facilitate observation sampling, flow measurement, and measurement of the wastes. Such
structure and equipment, when required, shall be constructed at the owner's expense in
accordance with plans approved by the City and shall be maintained by the owner so as to be
safe and accessible at all times.
Subd 2: Monitoring Point. Each permittee shall have an approved monitoring point
provided at the permittee's expense. Liquid Haulers and special industrial users may be
exempted by permit from portions of this section. An approved monitoring point shall meet the
following criteria:
a) the wastewater flow is visible and accessible for inspection and monitoring
purposes;
b) the wastewater flow has appropriate velocity and is well mixed to yield
representative samples;
C) the wastewater flow at the monitoring point conveys all of the permittee's
industrial waste;
d) the monitoring point is large enough or space is provided for nearby to allow for
monitoring equipment and replacement; and
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e) the total wastewater flow of the permitted facility if exceeding 25,000 gallons per
day, can be measured using an open channel or other acceptable measuring
device.
The City may allow multiple monitoring points provided that each point meets the
criteria a—e of this section.
Subd. 3: All permittees shall have an approved monitoring poing. All new installations
shall be in accordance with provisions of the Minnesota Plumbing Code, Minnesota Rules,
Chapter 4715.
Subd. 4: Each permittee is responsible for all maintenance on the approved monitoring
point, including routing and cleaning.
Subd. 5: Inspection Maintenance Hatch. The City may require the installation of an
inspection maintenance hatch (manhole), in the event of construction, replacement or
modification of a permittee's sewer connection(s). Permittees shall provide notice to the City
prior to any such replacement or modification. The inspection maintenance hatch shall be of
standard size and shape and be located on the private sewer line between the facility and the
public sewer. If feasible, the inspection maintenance hole shall convey the total facility
wastewater discharge.
Subd. 6: Flow Measurement. A permittee, when required by permit, shall install and
maintain a flow measurement device for instantaneous rate and/or cumulative flow volume
determinations. Metered water supply may be used in lieu of flow measurement devices if it can
be documented that the water usage and waste discharge are the same, or where a measurable
adjustment to the metered supply can be made to determine the waste volume.
Meters and flow records shall be maintained at the permittee's expense in good operating
condition at all times. The permittee shall notify the City in writing within five (5) days in the
event that the permittee becomes aware that the meter or flow recorder has failed to accurately
register the flow. The permittee shall also notify the City of the permittee's intention to alter the
installation of a meter or flow recorder so as to affect the accurate recording of industrial waste
entering the SSS.
The following requirements may apply to the selection and installation of wastewater
flow measuring devices:
a. Flow measuring devices including, but not limited to, weirs, flumes, area velocity
sensors and closed-pipe flow meters, shall be installed such that property
hydraulic conditions exist. Factors used to determine the type, size and location
of a flow measuring device include:
i. flow rate and velocity;
ii. pipe configuration and slope;
iii. turbulence;
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iv. presence of nearby tributary flows and;
V. solids concentration
b. All flow measuring device shall be properly installed, and where applicable,
properly leveled and sealed.
C. When a weir or a flume is utilized, the low level-sensing device shall be installed
at a proper distance upstream of the primary flow device and in a location where
excessive turbulence is not created.
Subd. 7: Self Monitoring Analyses. All measurements, tests, and analyses of the
characteristics of water and wastes as outline in the permit shall be determined in accordance
with guidelines established in 40 CFR Part 136 Part and 40 CFR 403.12(g) of the General
Pretreatment Regulations.
Subd. 8: Representative Sampling. Representative samples of a permittee's industrial
waste shall be collected on a normal operating day and in accordance with guidelines listed in
Industrial Discharge Permit. Industrial Users subject to Pretreatment Standards shall sample in
accordance with the Pretreatment Standards. Self-monitoring point(s) for Industrial Users who
are not subject to Pretreatment Standards shall be at a location and at a frequency as specified in
the permit. The samples shall accurately characterize the discharge, taking into account batch
discharges, daily production variations, downtime, cleanup and other operating conditions.
Subd. 9: Monitoring Techniques. Monitoring methods that will be used by industrial
users, and contracted monitoring services and/or commercial analytical laboratories that collect
and/or analyze wastewater samples to fulfill requirements of these rules or any permit issued
under these rules. Monitoring methods specified in this section include sample collection,
preservation, handling, analysis and flow measurement.
a) A series of at least four grab samples is required when analyzing wastewater for
pH, grease and oil, total phenols and sulfides. Samples for cyanide and volatile
organics may be collected by the grab sampling technique described above or by
an automatic sample, using acceptable techniques. For other parameters, grab
samples may be required when the wastewater flow is not continuous or when
necessary to determine the instantaneous wastewater characteristics. Grab
samples can be taken manually or automatically. Appropriate containers shall be
used when collecting grab samples.
b) Composite samples are formed by combining discrete samples collected either
manually or by an automatic sampler. Each discrete sample shall have a
minimum volume of at least 100 milliliters. Discrete samples can be composited
using any of the following methods:
i. equal time intervals and equal volume samples;
ii. equal time intervals and unequal volume samples; or
iii. unequal time intervals and equal volume samples.
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d) When an equal time interval is used, the maximum sampling interval shall be 30
minutes. The composite sample volume shall be well mixed before sub sampling.
Subd. 10: Sample Handing Procedures. All samples shall be contained, preserved and
held in accordance with 40 CFR Part 136. The sample temperature shall be maintained at
four (4) degrees Celsius, if necessary, from the time of collection until sample analysis is
performed. When applicable, additional preservation shall be performed upon sample
collection.
Subd.11: Industrial Discharge Monitoring Reports (IDMR's): A condition of the
Industrial Discharge Permit shall include the completion and submittal of accurate routine self-
monitoring reports to the City in a form subscribed to by the City. The nature and frequency of
routine reporting shall be based upon the requirements specified in the Discharge Permit
The City may modify the above reporting schedule set forth in the Industrial Discharge
Permit for a particular permittee based on the permittee's industrial waste characteristics.
Permittee's subject to Pretreatment Standards shall submit reports to the City in accordance with
the applicable Pretreatment Standards.
Permittee shall complete IDMR's to the City such that the City has received such reports on or
before the 21st calendar day of the month following the end of each applicable reporting period,
unless otherwise stated in the Industrial Discharge Permit. Any permittee not submitting a self-
monitoring report by this date shall pay a late reporting fee as defined by the SCAWAC.
Subd. 12: Inspection and Sampling. The City may conduct such tests as are necessary to
enforce this ordinance, and employees of the City may enter any property for the purpose of
taking samples, obtaining information or conducting surveys or investigations relating to such
enforcement. Entry shall be made during operating hours unless circumstances require otherwise.
In all cases where tests are conducted by the City for the purpose of determining whether the
user is in compliance with regulations, the cost of such tests shall be charged to the user and
added to the user's sewer charge. In those cases where the City determines that the nature or
volume of a particular user's wastewater requires more frequent than, the City may charge such
user for the tests, after giving the user ten (10) days written notice of its intention to do so, and
the cost thereof shall be added to the user's sewer charge.
Duly authorized employees and agents of the City, MPCA and EPA bearing proper
credentials and identification shall be permitted to enter all properties for the purposes of
inspection, observation, measurement, sampling, and testing in accordance with the provisions of
this ordinance. Those employees shall have no authority to inquire into any processes except as
is necessary to determine the kind and source of the discharge to the City's SSS.
While performing the necessary work on private properties referred to in Subd. 12 of this
Section, the authorized employees of the City shall observe all safety rules applicable to the
premises established by the company.
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Duly authorized employees and agents of the City bearing proper credentials and
identification shall be permitted to enter all private properties through which the City holds an
easement for the purpose of, but not limited to, inspection, observation, measurement, sampling,
repair, and maintenance of any portion of the SSS lying within said easement. All entry and
subsequent work, if any, on said easement, shall be done in all accordance with the terms of the
easement pertaining to the private property involved.
Subd. 13: Testing Procedures. Testing procedures for the analysis of pollutants for
permit applications and routine self-monitoring shall conform to the guidelines established in
Code of Regulations, Title 40, Part 136 and Code of Federal Regulations, Title 40, Section
403.12 (g) of the Federal Pretreatment Regulations.
Subd. 14: Report and MonitoringDiscrepancies. A permittee shall be notified in writing
by the City of a significant discrepancy between the pemittee's routine, self-monitoring records
and the City's monitoring results within thirty (30) days after the receipt of such reports and
monitoring results. The permittee shall then have ten (10) working days to reply in writing to
such notification. If mutual resolution of such discrepancy is not achieved, additional sampling
shall be performed by the City. Samples may be split between the Permittee's laboratory or agent
and the City's laboratory for analysis.
Subd. 15: Wastewater Discharge Records. Wastewater discharge records shall be kept
by the permittee for a period of not less than three (3) years. The permittee shall provide the City
reasonable access to these records during normal business hours. A permittee, subject to an
applicable Pretreatment Standard, shall maintain all records required by Code of Federal
Regulations, Title 40, Section 403.12 (n) of the General Pretreatment Regulations.
Subd. 16: Monitoring Costs. All monitoring and sampling costs are the responsibility of
the User.
Section 402.17: PRETREATMENT
Subd. 1: Compliance with Standards. Where pretreatment, flow equalizing facilities or
interceptors are provided for any water or wastes, they shall be effectively operated and
maintained in satisfactory and effective condition by the owner at the owner's expense, and
shall be available for inspection by the City employees at all reasonable times.
Industrial Users shall achieve compliance with all Federal Categorical Pretreatment
Standards within the time limitations as specified by the Federal Pretreatment Regulations.
Industrial Users as required by their Industrial Discharge Permit shall submit to the City for
review detailed plans showing the pretreatment facilities at least sixty (60) days prior to initiation
of construction. The City shall approve the Industrial User's pretreatment plans if it appears that
the proposed pretreatment facility is capable of meeting all applicable limitations.
The City's review and approval shall in no way relieve the Industrial User from the
responsibility of modifying the facility as necessary to produce an effluent complying with the
provisions of these rules. Any subsequent modifications in the pretreatment facilities which will
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result in a substantial change in discharge shall be reported for approval by the City upon a
determination that the modified facility is capable of meeting all applicable limitations, prior to
the modification of the existing facility.
Residual solids from a pretreatment facility shall not be disposed, directly or indirectly,
into the SSS without prior written approval from the City. The disposal method shall be in
accordance with local, State and Federal requirements. The City shall be notified in writing
within ten (10) days of the substantial changes in such residual solids disposal procedures and/or
characteristics.
Subd. 2: Separator Trap Installations. Grease, oil and sand traps shall be provided for at
the owner's expense for the proper collection of waste containing excessive amounts of grease,
oil, or sand. All trap installations shall be regularly cleaned and maintained for adequate
performance. All records of separators and traps must be available for review by City Personnel.
The distance between the inlet and outlet of the separator or trap must be sufficient to allow
gravity separation of solids. To prevent overloading control baffles and any necessary inlet flow,
control fitting shall be provided.
Separators and traps shall be maintained in efficient operation condition by periodic removal of
any accumulated solids. Floating materials shall be removed before the accumulation is within
two inches of the outlet. Settled solids shall be removed before the solids reach 75% of the trap
or separator capacity. Solids removed from a separator or trap, for subsequent sewer disposal,
shall be transported and discharged by a permitted liquid waste hauler.
Section 402.18: CONFIDENTIAL INFORMATION
Information obtained from reports, questionnaires, permit applications, permits and
monitoring programs and from inspections shall be available to the public or other governmental
agencies without restriction unless the user specifically requests and is able to demonstrate to the
satisfaction of the City that the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets.
When requested by the person furnishing a report, the portions of a report which might
disclose trade secrets or secret processes shall not be made available for inspection by the public,
but shall be made available upon written request to governmental agencies for uses related to this
ordinance, the NPDES Permit, State Disposal System Permit, Sewer Use Agreement and/or the
pretreatment programs;provided, however, that such portions of a report shall be available for
use by the State or any State agency in judicial review or enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics will not be recognized
as confidential information.
Information accepted by the City as confidential, shall not be transmitted to any governmental
agency or to the general public by the City until and unless a ten (10) day notification is given to
the user.
Section 402.19: SEVERABILITY AND CONFLICTS
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Subd. 1: Severability. If the provisions of any section, paragraph, or sentence of these
rules shall for any reason be held to be unconstitutional or invalid by any court of competent
jurisdiction, the provisions of the remaining sections, paragraphs and sentences shall
nevertheless continue in full force and effect.
Subd. 2: Conflicts. If conflicts arise between these rules, and rules previously adopted
by the City, these rules, and the interpretations thereof, shall take precedence.
Section 402.20: ENFORCEMENT
Subd. 1: Remedies Available. The City may suspend the sewer system service and/or an
Industrial Discharge Permit when such suspension is necessary, in the opinion of the City, in
order to stop an actual or threatened discharge which presents or may present an imminent or
substantial endangerment to the health or welfare of persons, to the environment, or the SSS or
WWTF, or would cause the City to violate any condition of its NPDES of State Disposal System
Permit. Any user notified of a suspension of the sewer system service and/or the Industrial
Discharge Permit shall immediately stop the discharge. In the event of a failure of the user to
comply voluntarily with the suspension order, the City shall take such steps as deemed
necessary, including immediate severance of the sewer connection, to prevent or minimize
damage to the SSS or WWTF or endangerment to any individuals. The City shall reinstate the
Industrial Discharge Permit and/or the sewer system service upon proof of the elimination of the
non-complying discharge.
Subd. 2: Revocation of Permit. In accordance with the procedures of Section 402.20 of
this ordinance, the City may revoke the permit of any user which fails to factually report the
wastewater constituents and characteristics of its discharge; which fails to report significant
changes in wastewater constituents or characteristics; which refuses reasonable access to the
user's premises for the purpose of inspection or monitoring; or for violation of conditions of its
permit, this ordinance, or applicable State and Federal regulations.
Subd. 3: Notification of Violation. Whenever the City finds that any person has violated
or is violating this ordinance, Industrial Discharge Permit, Phosphorus Management Plan or any
prohibition, limitation or requirement contained herein, the City may serve upon such person a
written notice stating the nature of the violation. Within ten (10) days of the date of the notice, a
plan for the satisfactory correction thereof shall be submitted to the City by the user.
Subd. 4: Show Cause Hearing. Any user receiving notice of suspension or revocation of
a permit, or other penalties or sanctions authorized by this Ordinance, may request a hearing
conducted in accordance with this subdivision to challenge the action and determine if the action
is supported by the existing circumstances.
a) Notice of Hearing. If the violation is not corrected by timely compliance, the City
may order any use which causes or allows an unauthorized discharge to show
cause before the City Council why the proposed enforcement action should not be
taken. A notice shall be served on the user specifying the time and place of a
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hearing to be held by the City Council regarding the violation, the reasons why
the action is to be taken, the proposed enforcement action, and directing the user
to show cause before the City Council why the proposed enforcement action
should not be taken. The notice of the hearing shall be served personally or by
registered or certified mail(return receipt requested) at least fourteen (14) days
before the hearing. Service may be made on any agent or officer or a corporation.
b) Hearing Officials. The City Council may itself conduct the hearing and take the
evidence, or may designate any of its members, administrative law judge, or any
officer or employee of the (assigned department) to:
1. To issue in the name of the City notices of hearing requesting the
attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings;
2. To take the evidence; and
3. To transmit a report of the evidence and hearing, including transcripts and
other evidence, together with recommendations to the City Council for
action thereon.
C) Transcripts. At any hearing held pursuant to this ordinance, testimony taken must
be under oath and recorded. The transcript, so recorded, will be made available to
any member of the public or any party to the hearing upon payment of the usual
charges therefor.
d) Issuance of Orders. After the City Council has reviewed the evidence, it may
issue an order to the user responsible for the discharge directing that, following a
specified time period, the sewer service be discontinued unless adequate treatment
facilities, devices or other related appurtenances are properly operated. Further
orders and directives as are necessary and appropriate may be issued.
Subd. 5: Legal Action. If any person discharges wastewater, industrial wastes or other
wastes into the City's wastewater disposal system contrary to the provisions of this ordinance,
Federal or State pretreatment requirements or any order of the City, the City Attorney may
commence an action for appropriate legal and/or equitable relief, including but not limited to,
monetary damages and injunctive relief.
Section 402.21: PENALTIES
Subd. 1: Administrative Fines. Notwithstanding any other Section of this Ordinance,
any user who is found to have violated any provision of this ordinance, or permits and orders
issued hereunder, shall be fined in an amount not to exceed $1,000 per violation. Each day on
which noncompliance shall occur or continue shall be deemed a separate and distinct violation.
Unpaid charges, fines, and penalties shall constitute a lien against the individual user's property.
Industrial Users desiring to dispute such fines may request for the City Administrator to
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reconsider the fine within 10 days of being notified of the fine. Where the City Finance Director
believes a request has merit, he/she shall convene a hearing on the matter within 30 days of
receiving the request from the Industrial User.
Subd. 2: Criminal Penalties. Any person violating any of the provisions of this
Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a
fine of not more than $800, or by imprisonment for not to exceed ninety (90) days, or both.
Subd. 3: Costs. In addition to the other penalties provided herein, the City may recover
engineering fees, court costs, court reporter's fees, attorney fees, and other expenses of litigation
by an appropriate action against the person found to have violated this ordinance or the orders,
rules, regulations, and permits issued hereunder.
Subd. 4: Costs of Damage. Any person violating any of the provisions of this ordinance
shall become liable to the City for any expense, loss, or damage The City may add to the user's
charges and fees the costs assessed for any cleaning, repair or replacement work caused by the
violation or discharge. Any refusal to pay the assessed costs shall constitute a violation of this
ordinance.
Subd. 5: Falsifying Information. Any person who knowingly makes any false
statements, representation or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to this ordinance, or Industrial Discharge
Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or
method required under this ordinance, shall be guilty of a misdemeanor.
Section 402.22: PUBLICATION OF SIGNIFICANT VIOLATIONS
Subd. 1: Public notification will occur at least annually in a newspaper(s) of general
circulation that provides meaningful public notice within the jurisdiction(s) served by the WWTF
of Industrial Users which, at any time during the previous twelve (12) months, were in
significant violation of applicable Pretreatment Standards or Pretreatment Requirements. For the
purpose of this provision, an Industrial User is in significant violation if its violations meet one
or more of the following:
a) Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six percent (66%) or more of all of the measurements taken during a six (6)
month period exceed (by any magnitude) a numeric Pretreatment Standard or
requirement, including instantaneous limits.;
b) Technical review criteria(TRC) violations, defined here as those in which thirty-
three percent (33%) or more of all the measurements taken for the same pollutant
parameter during a six (6) month period equal or exceed the product of a numeric
Pretreatment Standard or requirement, including instantaneous limits times the
applicable TRC (TRC = 1.4 for CBOD, SS, fats, oil and grease and TRC = 1.2 for
all other pollutants except pH);
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C) Any other violation of a pretreatment daily maximum or longer term average)
instantaneous limit or narrative standard) that the City determines has caused,
alone or in combination with other discharges, interference or pass through
(including endangering the health of City employees or the general public);
d) Any discharge of a pollutant that has caused imminent endangerment to human
health, welfare or to the environment and has resulted in the necessity for the
City's City's to exercise its emergency authority under 40 CFR 403.8
(F)(1)(vii)(b) to halt or prevent such a discharge;
e) Violation, by ninety (90) days or more after the schedule date, of a compliance
schedule milestone contained in a local control mechanism or enforcement order,
for starting construction, completing construction, or attaining final compliance;
f) Failure to provide required reports such as baseline monitoring reports, self-
monitoring reports, and reports on compliance with compliance schedules, within
forty-five (45) days of the due date;
g) Failure to accurately report noncompliance; or
h) Any other violation or group of violations, which may include a violation of Best
Management Practices, which the City determines will adversely affect the
operation or implementation of the local Pretreatment Program. .
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ORDINANCE 403 SEWER RATE ORDINANCE............................................................. 403-1
Section 403.01: PURPOSE AND POLICY ............................................................. 403-1
Section 403.02: USERS .............................................................................................. 403-1
Section 403.03: RATES.............................................................................................. 403-1
Section 403.04: ADMINISTRATION ........................................................................ 403-2
Section 403.05: PENALTIES ..................................................................................... 403-3
Section 403.06: SEVERABILITY AND VALIDITY ................................................. 403-3
403-0
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ORDINANCE 403 SEWER RATE ORDINANCE
Section 403.01. Purpose and Policy. The purpose of this Ordinance is to set and recover
fees from users of the St. Joseph Sanitary Sewer System on an equitable basis to provide funds
for the operation and maintenance, debt service, replacement and improvements to the St. Joseph
Sanitary Sewer System, including all cost associated with being part of the St. Cloud Wastewater
System.
Section 403.02. Users. Users of the St. Joseph Sanitary Sewer System shall be identified
as belonging to one of the following User Classes:
a. General User
b. Contract User
Users shall be considered General Users unless the City Council has determined that a
particular User should be subject to a separate agreement with the City in accordance with the
following criteria:
a. Users who discharge a flow volume greater than 50,000 gallons per day on an annual
basis.
b. Users who discharge Extra Strength Waste
c. Users who are otherwise required to obtain a Wastewater Discharge Permit in
accordance with of the Sewer Use Ordinance 402.
Section 403.03. Rates. All Users of the system, regardless of User Classification, will be
billed for discharging normal domestic strength wastewater. To determine billable wastewater,
all users of the wastewater system must have water meters installed on the water source. The
charges for service will be divided into two rates:
a. Sewer Line Charge: All users of the St. Joseph Wastewater System will be billed a
proportionate share of the fixed costs of the wastewater facilities. Annually the City
Council will review the fixed cost and establish the Sewer Line Charge. The fixed
costs used to determine the sewer line charge will be equated to a charge per unit and
the unit charges shall be applied as follows:
i. Residential Uses – including single family, two family, three family and
Manufactured Home Community Park shall be billed one unit for each
residential use. For the purposes of determining a residential unit, each
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apartment or individual living unit shall be charged one unit per month.
The number of units will be multiplied by the monthly rate.
ii. Commercial/Industrial Uses – each use shall be charged one unit. For the
purposes of determining a commercial/industrial unit, each business in a
multi-tenant building will be charged one unit per month. The number of
units will be multiplied by the monthly rate.
iii. Mixed Use Facilities – each use in a multi use building shall be charged
one unit. If the facility includes living units, each living unit shall be
charged one unit per month and each individual business shall be charged
on unit per month. The number of units will be multiplied by the monthly
rate.
iv. Other Uses – Properties utilizing wastewater services that are not listed
above shall be charged one unit cost per residential equivalent.
Residential equivalent shall consist of dividing the monthly water/sewer
use by the average residential water use of 274 gallons per day. This
number and any portion thereof shall represent the number of units to be
charged on a monthly basis. Example: 5.25 units shall be considered 6
units for purpose of determining number of units. The number of units will
be multiplied by the monthly rate.
b. Sewer Usage Charge: All Users of the St. Joseph Wastewater System will be billed
for wastewater calculated on the basis of metered water usage, or if applicable direct
wastewater metering. Annually the City will establish a budget for the sewer fund
and the budgeted costs less the fixed costs will be extrapolated into a per gallon sewer
use charge. The City Council will annually establish the sewer use charge. The
Sewer Use rate will be billed as follows:
i. Residential Uses – The sewer use charge shall be calculated on the basis
of metered water usage. The billable flows for residential uses shall be
obtained by measuring the metered potable water usage and the annual
reading for November and December shall be the maximum sewer charge
until the next annual reading. If billable flows for any service period are
lower than the November and December reading the lower reading shall
be used for that period.
ii. Commercial/Industrial/Contract Users – The sewer use charge shall be
calculated on the basis of metered water usage or when applicable direct
wastewater measurement. Users will be billed the established Sewer
Usage charge based on the potable water usage or direct wastewater
measurement for each billing period.
Section 403.04. Administration. The Sewer Service Charge System and Sewer Service
Fund shall be administered according to the following provisions:
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Subd. 1: The City shall maintain the Sewer Fund in accordance with the Minnesota
Accounting and Financial Reporting Standards as adopted and amended by the Office of the
State Auditor.
Subd. 2: The City Council shall annually review user rates and charges to determine
whether sufficient revenue is being generated for the effective operation, maintenance,
replacement, management of the Wastewater System and debt retirement.
Subd. 3: Bills for service shall be billed and collected as identified in St. Joseph Code of
Ordinance 409.
Subd. 4: The owner of the premise shall be liable to pay for the service to such premises,
and the service is furnished to the premises by the City only upon the condition that the owner of
the premises is liable therefore to the City.
Section 403.05. Penalties.
Subd. 1. Criminal Penalties. Any person violating any of the provisions of this
ordinance shall be guilty of a criminal offense, punishable as a misdemeanor as defined by City
ordinance or state law.
Section 403.06. Severability and Validity
Subd. 1: If any section or subdivision of this ordinance shall be held invalid, the
invalidity thereof shall not affect the validity of the other provisions of this ordinance, which
shall continue in full force and effect.
Subd. 2: This ordinance shall be in full force and take effect from and after its passage
and approval and publication as provide by law.
Amended 06-02-2011
Sections 403.04 & 403.05 Amended 07/2017
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ORDINANCE 404 WATER AND SEWER SYSTEM AVAILABILITY CHARGES........ 404-1
Section 404.01: WATER AND SEWER AVAILABILITY CHARGES...................... 404-1
Section 404.02: WATER SYSTEM AVAILABILITY PERMIT REQUIRED............ 404-1
Section 404.03: SEWER SYSTEM AVAILABILITY PERMIT REQUIRED............. 404-1
Section 404.04: CHARGES, GENERAL.................................................................... 404-1
Section 404.05: CHARGES........................................................................................ 404-1
Section 404.06: VIOLATIONS AND PENALTIES.................................................... 404-8
Section 404.07: SEVERABILITY.............................................................................. 404-8
Section 404.08: REPEALER...................................................................................... 404-8
Section 404.09: EFFECTIVE DATE.......................................................................... 404-8
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ORDINANCE 404 WATER AND SEWER SYSTEM AVAILABILITY CHARGES
Section 404.01: WATER AND SEWER AVAILABILITY CHARGES. Pursuant to
Minnesota Statutes Chapter 444.075 and all other powers delegated by the State of Minnesota,
the City of St Joseph hereby adopts charges to pay for the construction, reconstruction, repair,
enlargement, improvement and for the availability of potable water treatment, supply, storage
and distribution facilities; and for wastewater treatment, disposal and conveyance facilities.
These charges, to be known as Water Availability Charges (WAC) and Sewer Availability
Charges (SAC) shall be in the amounts established in Section 5 herein. These charges are in
addition to all other permit fees, special assessments and connection charges heretofore
established by the City.
Section 404.02: WATER SYSTEM AVAILABILITY PERMIT REQUIRED. It shall be
unlawful for any person to connect any structure,property or building addition to the municipal
water system of the City, either directly or indirectly, or to install or alter any water supply
plumbing system that is subject to the provisions of this ordinance, without first making written
application to, and obtaining, a Water System Availability Permit from the City
Administrator/Clerk's Office. The WAC fee required herein must be paid before the City will
issue a plumbing permit for said connection to the municipal water system. Connection must be
completed within two weeks of issuance of a permit. No prepayment of WAC fees is allowed.
Section 404.03: SEWER SYSTEM AVAILABILITY PERMIT REQUIRED. It shall be
unlawful for any person to connect any structure,property or building addition to the municipal
sewer system of the City, either directly or indirectly, or to install or alter any wastewater
collection plumbing system that is subject to the provisions of this ordinance, without first
making written application to, and obtaining, a Sewer System Availability Permit from the City
Administrator/Clerk's Office. The SAC fee required herein must be paid before the City will
issue a plumbing permit for said connection to the municipal sanitary sewer system. Connection
must be completed within two weeks of issuance of a permit. No prepayment of SAC fees is
allowed.
Section 404.04: CHARGES, GENERAL. Water Availability Charges (WAC) and
Sewer Availability Charges (SAC) shall be based on projected water consumption and sewer
usage.
Section 404.05: CHARGES. The WAC and SAC charges for all structures or properties
to be connected to the municipal water and sanitary sewer systems shall be determined by
multiplying the "Base Rate" as shown in Table 1, by the applicable WAC/SAC criteria as shown
in Table 2. The City Council may adjust the Base Rate by Resolution at any time deemed
appropriate by the City Council.
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TABLE 1
BASE RATE SCHEDULE FOR WATER AND SEWER AVAILABILITY CHARGES
WAC—the base rate for WAC charges shall be determined by Council Resolution.
SAC—the base rate for SAC charges shall be determined by Council Resolution.
TABLE 2
WATER AVAILABILITY CHARGE/SEWER AVAILABILITY CHARGE CRITERIA
FACILITY PARAMETER SAC/WAC
Single Family Residence Residential Unit 1
Multiple Family Residence (per residential unit) 1-30 Units 1
31-50 Units .80
51+Units •75 updated 3/16
Animal Clinic (humane societies, animal research, boarding, etc.)
Animal holding areas 17 fixture units 1
Animal runs (kennels) 34 fixture units 1
Archery (6 feet/lane) 6 lanes 1
Arenas (bleachers 18 inches/person) 110 seats 1
Auditoriums (7 square feet/person) 110 seats 1
Automobile Service
Fast service (less than 4 hours/car) 2 service bays 1
Major service (more than 4 hours/car) 14 employees 1
Car dealership (charges for office, retail, etc. are separate at established rates)
2 service bays 1
Fast service (number of service bays x 30%) 2 service bays 1
Major service (Number of service bays x 70% x 1 employee/bay)
14 employees 1
Ballroom (exclude dance floor)
Facility without liquor service 825 square feet 1
Facility with liquor service 590 square feet 1
Bank (exclude bank vault) 2400 square feet 1
Banquet Room (15 square feet/person)
Food catered 2,060 square feet 1
Food catered with dishwashing 1,180 square feet 1
Food catered with liquor 1,028 square feet 1
Food catered with dishwashing and liquor 750 square feet 1
Food preparation and dishwashing 825 square feet 1
Food preparation with dishwashing and liquor 590 square feet 1
Barber 4 chairs 1
Batting Cages (6 feet/lane) 6 lanes 1
Beauty Salon 4 cutting stations 1
ingo Hall (used only for bingo) 110 seats 1
Boarding House (dorm rooms) 5 beds 1
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Body Shop (major service—more than 4 hours/car, no vehicle washing)
14 employees 1
Bowling Alleys (does not include bar or dining area) 3 alleys 1
Camps (number of gallons x occupant or site)
Children's camps (central toilet and bath; overnight, primitive 274 gallons 1
cabins; number of occupants x 50 gallons/occupant)
Day camps (no meals served; number of occupants x 10 274 gallons 1
gallons/occupant)
Labor/construction camps (number of occupants x 50
gallons/occupant
FACILITY PARAMETER SAC/WAC
Resorts (housekeeping cabins; number of occupants x 60 274 gallons 1
gallons/occupant)
Travel trailer parks-
With water and sewer hookup (number sites x 100 gallons/site) 274 gallons 1
With central toilet and showers (number of sites x 75 gallons/site) 274 gallons 1
Sanitary dump (sites without hookup; number of sites x 10 274 gallons 1
gallons/site)
Car Wash Review by City Engineer
Catering Review by City Engineer
Churches (for sanctuary, nave, chancel; 7 square feet/person 275 seats 1
seating area; remainder use other criteria; sacristy and ambulatory at
no charge)
Cocktail lounge (no food service) 23 seats 1
Coffee Shop (no food service) 23 seats 1
Correction Facility (prison) 2.5 inmates 1
Court Rooms 1,650 square feet 1
Dorm Rooms (on and off campus; charge for classrooms is 5 students 1
additional)
Daycare
Number of children for which facility is licensed 14 children 1
Child/adult play area(not licensed) 490 square feet 1
Dry Cleaners (retail) 3,000 square feet 1
Elder Housing (at 100% of current SAC rate; see formula below to
determine the number of residents)
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No washer/dryer in each unit 3 residents 1
Washer/dryer in each unit 2.5 residents 1
Three bedroom unit with washer/dryer (separate from formula below)
Calculate the number of residents as follows:
Number of efficiency units x 1.0 residents/unit
+Number of one-bedroom units x 1.5 residents/unit)
+Number of two-bedroom units x 2.0 residents/unit)
+Number of three-bedroom units x 3.0 residents/unit)
Total number of residents for SAC calculation
FACILITY PARAMETER SAC/WAC
Exercise Area/Gym (juice bars at no charge; sauna and whirlpool
700 square feet included) 1
No showers 2,060 square feet 1
Fire Station (charges for office, meeting rooms, etc., are separate, at established rates)
Washing (hose tower, truck) 274 gallons 1
Full time, overnight people (75 gallons/person) 274 gallons 1
Volunteer (occasional overnight stays) 14 volunteers 1
Funeral Home (charge for viewing areas only: i.e., chapel) 770 square feet 1
Apartment 1 apartment 1
Game Room (billiards, video and pinball games)
With bar 590 square feet 1
Without bar 2,060 square feet 1
Golf Course (if facility has showers, use Locker Room criteria for those areas)
18 hole 3
9 hole (par 3) 2
Miniature 3
Country club (private)
Dining room (used only on evenings and weekends) 15 seats 1
Bar and grill(with bar and grill separate)
Bar only 23 seats 1
Grill 15 seats 1
Golf Dome or Driving Range 6 driving stations 1
Greenhouse
Area not open to the public 15,000 square feet 1
Area open to the public 5,000 square feet 1
General retail area 3,000 square feet 1
Group Home
Secondary treatment (residents leave during the day) 5 beds 1
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Primary treatment (residents stay all day) 3 beds 1
Guest Rooms (in an apartment or condominium complex; charge
SAC as apartment)
Washer/dryer 100% of current SAC rate
No washer/dryer 80% of current SAC rate
No kitchen 50% of current SAC rate
Handball and Racquetball Courts 1 court 2
FACILITY PARAMETER SAC/WAC
Hospitals (licensed beds or baby cribs) 1 bed 1
Outpatient clinic 17 fixture units 1
Sterilizers (4 hours x gallons per minute x 60 minutes) 274 gallons 1
X-ray film processors (9 hours continuous operation; 4 274 gallons 1
hours intermittent operation; operation time (hours) x
gallons per minute x 60 minutes)
Dental clinic vacuum device (9 hours x gallons per minute x 274 gallons 1
60 minutes)
Ice Arena
Showers (see Locker Rooms)
Team Rooms (plumbing fixture units) 17 fixture units 1
Bleachers 110 seats 1
Ice resurfacers (if discharge goes to the sanitary sewer) 4
Laundromat (required water volume for cycle time x 8 cycles/day)
274 gallons 1
Library (subtract book storage areas, file areas; charge
for common plumbing fixture units in public areas) 17 fixture units 1
Meeting rooms, board rooms, reception, book
checkout offices 2,400 square feet 1
Loading Dock 7,000 square feet 1
Locker Rooms (if showers —20 gallons/locker) 14 lockers 1
Medical Clinic (see Hospitals, Outpatient Clinic)
Meeting Rooms (conference rooms) 1,650 square feet 1
Mini-storage(storage area—no charge)
Living area 1
Public restroom 17 fixture units 1
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Mobile Home 1
Motels and Hotels (assume 2 persons/room; no charge for pools, 2 rooms 1
saunas, whirlpools, game rooms, or exercise rooms used exclusively
by guests)
Breakfast only (complimentary) 45 seats 1
Cocktail hour (complimentary) 55 seats 1
Kitchenettes (number of kitchenettes x 10 gallons/day) 274 gallons 1
Museum 2,400 square feet 1
FACILITY PARAMETER SAC/WAC
Nursing Home 3 beds 1
Office
General office (deduct mechanical rooms, 2,400 square feet 1
elevator shafts, stairwells, restroom and storage areas)
Dental and Doctor's offices, see Hospital, Outpatient Clinic
Police Station (charge as Office)
Cells (overnight—jail) 3 people 1
Cells (holding area with no overnight stays) 14 people 1
Recording/Film Studios 7,000 square feet 1
Restaurant
Drive-in 9 parking spaces 1
Fast food (with disposable plates, drink cups,
and table utensils) 22 seats 1
Take-out (no seating) 3,000 square feet 1
Full service (with washable plates, drink cups,
and table utensils) 24 seats 1
Retail Stores (deduct mechanical rooms, 3,000 square feet 1
elevator shafts, stairwells, escalators, restrooms and unfinished storage areas)
Roller Rink(skating area only) 825 square feet 1
Rooming Houses (no food service) 7 beds 1
RV Dumping Station (not in association with camp grounds) 1
Schools
Elementary schools (at 15 gallons/student; 30 square feet/student) 18 students 1
Colleges/technical/vocational (30 square feet/student ) 18 students 1
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Lecture halls 18 students 1
Labs (at 50 square feet/student) 18 students 1
Dorm rooms (on and off campus students) 5 students 1
Nursery schools (number of children for which facility is licensed) 4 students 1
House of worship nurseries (used during worship 2,400 square feet 1
service only; 30 square feet/child)
Secondary schools (30 square feet/student, at 20 gallons/student) 14 students 1
Labs (50 square feet/student) 14 students 1
Weekly worship schools (i.e., not daily parochial schools; 55 students 1
20 square feet/student)
FACILITY PARAMETER SAC/WAC
Service Station
Gas pumping 1
Convenience center 3,000 square feet 1
Service bays 2 bays 1
Car wash (see Car Wash)
Shooting Ranges (rifle and handgun ranges, @ 6 feet per lane) 6 lanes 1
Swimming Pools (public, swimming pool area only; 900 square feet 1
no charge for private residential, townhouse, apartments,
condominiums, hotels, or motels)
Tanning Rooms 3,000 square feet 1
Tennis Courts (public; shower facilities available) 1 court 2
Theatre 64 seats 1
Drive-in (parking spaces) 55 spaces 1
Vehicle Garage
Employees stationed in garage 14 employees 1
Vehicle drivers (per day) 28 drivers 1
Vehicle washing (number of vehicles per day x 274 gallons 1
gallons per minute x minutes/vehicle)
Warehouses
Assembly areas 10,000 square feet 1
Office/warehouse
Minimum 30% office 2,400 square feet 1
Maximum 70% warehouse 10,000 square feet 1
Whirlpools, therapy (at doctor's office or clinic; 274 gallons 1
number of gallons to fill tank x 8 fills/day)
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Yard Storage Buildings (i.e., lumber storage; customer 15,000 square feet 1
pickup; no permanent employees)
PLUMBING WASTE FIXTURE UNITS
Type of Fixture Fixture Unit Value (£u.)
Note: 17 Fixture Units (£u.) = 1 SAC
Drinking Fountain 1
Floor Drain
2"waste (only if hose bib included) 2
3"waste (only if hose bib included) 3
Type of Fixture Fixture Unit Value (£u.)
4"waste (only if hose bib included) 4
Trench drain: per 6-foot section 2
Sinks
Lab in exam room, bathroom 1
Kitchen and others 2
Surgeon 3
Janitor 4
Water closet 6
Section 404.06: VIOLATIONS AND PENALTIES. A violation of any of the provisions
of this ordinance shall constitute a misdemeanor pursuant to Minnesota Statutes.
Section 404.07: SEVERABILITY. Should any section, paragraph, provision, sentence
or lesser part of this Ordinance be found invalid by a Court of competent jurisdiction, then such
invalid section, paragraph, provision, sentence or phrase shall be severed from this Ordinance
and all remaining portions or this Ordinance shall continue in full force and effect.
Section 404.08: REPEALER. All ordinances, or portions of ordinances, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 404.09: EFFECTIVE DATE. This Ordinance shall take effect January 1, 2005,
following passage and publication in the official newspaper as provided by law.
Ord.404 added to Code on 9/2004
Ord.404.05&Table 1 Amended 1/07
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ORDINANCE 405 STORM WATER UTILITY ................................................................ 405-1
Section 405.01: ESTABLISHMENT OF A STORM WATER UTILITY................ 405-1
Section 405.02: PURPOSE ......................................................................................... 405-1
Section 405.03: DEFINITIONS .................................................................................. 405-1
Section 405.04: RATES AND CHARGES ................................................................. 405-2
Section 405.05: ADJUSTMENTS AND GENERAL POLICY ................................... 405-3
405-1
CHAPTER IV – WATER & SEWER
ORDINANCE 405 STORM WATER UTILITY
Section 405.01: ESTABLISHMENT OF A STORM WATER UTILITY. There is hereby
established a public utility to be known as the Storm Water Utility for the City of St. Joseph. The
Storm Water Utility shall be operated as a public utility pursuant to the City Code of Ordinances
and applicable Minnesota Statutes. The revenues derived therefrom shall be subject to provisions
of this Section and Minnesota Statutes Section 444.075. The Storm Water Utility shall be part of
the Public Works Department and shall be administered by the Public Works Director. This
Ordinance shall apply to the entire City of St. Joseph.
Section 405.02: PURPOSE. This Ordinance sets forth uniform requirements for the
establishment of a Storm Water Utility.
The purpose is to provide a funding mechanism for the following services:
a) The administration, planning, construction, implementation, and maintenance of
storm water Best Management Practices (BMPs) to reduce the introduction of
sediment and other pollutants into local water resources.
b) The administration, planning, analysis, construction, installation, operation,
maintenance and replacement of public drainage systems.
c) Activities necessary to maintain compliance with the National Pollutant Discharge
Elimination System (NPDES) Permit requirements established by the U.S.
Environmental Protection Agency, including preparation, implementation and
management of a Storm Water Pollution Prevention Plan (SWPPP) to address the
following control measures:
1) Public education and outreach on storm water impacts.
2) Public involvement/participation.
3) Illicit discharge detection and elimination.
4) Construction site storm water runoff control.
5) Post-construction runoff control in new development and redevelopment.
6) Pollution prevention for municipal operations.
d) Other education, engineering, inspection, monitoring, testing and enforcement
activities as necessary to maintain compliance with local, state and federal storm
water requirements.
Section 405.03: DEFINITIONS. Unless the context specifically indicates otherwise, the
following terms, as used in this ordinance, shall have the meanings herein-after designated.
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Subd. 1: Surface Area. “Surface Area”, referred to herein as “SA”, shall be the area of the
parcel in acres, subject to any standardization, adjustments or exceptions outlined in this
ordinance.
Subd, 2: Land Use. The “Land Use” for a given parcel shall be the “tax classification”
for that parcel on record at the Stearns County Recorder’s Office, or other land use classification
that is updated by the City Zoning Officer.
Subd. 3: Residential Equivalency Factor. “Residential Equivalency Factor”, referred to
herein as “REF”, is the ratio of the accumulated direct runoff generated by a particular land use
to the accumulated direct runoff generated by the residential land use.
Subd. 4: Unit Rate. “Unit Rate”, referred to herein as “UR”, is the rate in dollars per acre
to be charged per one (1) REF.
Subd. 5: Single-Family Residential. Land use classification of parcels with two (2) or less
living units.
Subd. 6: Multi-Family Residential. Land use classification of parcels with three (3) or
more living units.
Section 405.04: RATES AND CHARGES.
Subd. 1: Determining The REF: The accumulated direct runoff (Q) used to determine the
REFs shall be calculated based on an evaluation of the land use and application of a standardized
soil type and rainfall event.
The calculated direct runoff (Q) shall be based on the runoff equation in the Soil Conservation
Services (SCS) National Engineering Handbook Section 4 – Hydrology. The equation is as
follows:
2
Q = (P-0.2S)
P + 0.8S
Where:
S = (1000/CN)-10
P = 2.0 inches (based on a 24-hour 2-inch rainfall event)
CN = Runoff index (based on the land use and the Natural Resources
Conservation Services (NRCS Type B soils)
The runoff indices (CN) and REFs for the various land uses within the City shall be set forth
below:
Land Use CN REF
Single-Family Residential 72 1.00
Multi-Family Residential 85 2.72
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Institutional 88 3.30
Industrial 88 3.30
Commercial 92 4.23
Public, Quasi Public Exempt
Parks, Open Spaces, Cemeteries Exempt
Road Right-of-Way Exempt
Lakes, Streams, Wetlands Exempt
Agricultural, Undeveloped Exempt
The REF for Land Uses not listed above shall be determined by the City Engineer based on
probable hydrologic response.
.
Subd. 2: Establishing Unit Rates: The City Council shall from time to time, by resolution,
establish the Unit Rate for each REF. The Unit Rate so established shall be on file with the City
Clerk/Administrator and shall be used to compute the charges for a given parcel of land based on
the following formula:
Storm Water Charges = (UR) x (REF) x (SA)
Subd 3: Standardized Charges. The following rules shall apply for the purpose of
simplifying and equalizing charges:
1) A standard Surface Area of 0.30 acres shall be used for detached single-family residential
parcels.
Parcels subject to these standardized charges shall not be eligible for Adjustments to Charges or
Adjustments to Area as set forth elsewhere herein.
Section 405.05: ADJUSTMENTS AND GENERAL POLICY.
Subd. 1: Adjustments to charges. Storm Water Utility fees may be adjusted under any of
the following conditions:
1) Revisions of Unit Rate – The estimated expenditures for management of
storm water shall be reviewed by the City Council. The unit rate shall be
adjusted accordingly to meet the estimated expenditures and will follow
established procedures for adjustment of utility rates.
2) Minimum or Maximum Fees – The City Council may establish a
minimum or maximum monthly fee per parcel.
3) Application for Credit – The City may establish a credit policy and utilize
a credit application form for consideration of fee reduction.
4) Change in Development Condition of Parcel – As land is developed and/or
redeveloped, the fees will be re-computed based on the revised land use.
Subd. 2: Fee Adjustments by Credit Application. The City Council may by resolution
adopt a Storm Water Utility Policy and Credit Policy providing for the adjustment of charges for
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CHAPTER IV – WATER & SEWER
parcels or groups of parcels based upon hydrologic response substantially different from the REF
being used for the parcel or for parcels which employ BMPs or other storm water management
practices on-site that significantly reduce the quantity or improve the quality of storm water
runoff from the parcel.
Such adjustment shall be made only after receiving the recommendation from the Public Works
Director, and shall not be made effective retroactively. If the adjustment would have the effect of
changing the REF for all or substantially all parcels in a particular land use classification, such
adjustment shall be accomplished by amending the REF table list in this Ordinance.
Subd. 3: Adjustment to Area. The total parcel area as shown in the City Assessor’s
records will be used to calculate the Surface Area for a given parcel, except that apparent errors
in the recorded values may be subject to recalculation by the City. It is the responsibility of the
owner or manager of any parcel to provide the City with necessary surveys, and other
information as the City may reasonably request, to determine if a parcel, or portion of a parcel,
qualifies for an exception or area adjustment. Requests for exceptions and/or area adjustments
will be reviewed after receipt of all requested information. Exceptions and/or adjustments must
be approved by the City Engineer and Public Works Director, and shall become effective the
beginning of the next billing cycle following approval.
Subd. 4: Exceptions. The following land uses are exempt from the Storm Water Utility
Fees established herein:
1) public street right-of-way,
2) wetlands and public waters as defined by state law,
3) ponds designated and used exclusively for storm water retention or treatment purposes
up to the 100-year flood elevation,
4) undeveloped parcels,
5) publicly-owned park lands, natural areas, and recreational fields,
6) railroad right-of-way,
7) cemeteries,
8) unsewered parcels situated within the AG (Agricultural) zoning district of the City,
9) City-owned land.
Subd. 5: Falsification of Information. Willful failure to provide information that the City
may reasonably request related to the use, development and area of a premise, or falsification of
such information, shall constitute a violation of this Ordinance.
Subd. 6: Estimated Charges. If, for any reason, precise information related to the use,
development or area of a premises is not available, then Storm Water Utility Charges for such
premise shall be estimated, and billed, based upon information then available to the City.
Subd. 7: Billing Method. Storm Water Utility Fees will be computed and collected by the
City together with other City utility fees, in accordance with the procedures set forth in Section
409 of this Code.
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Subd. 8: Appeal: If a property owner believes that the fee charged a particular property
is incorrect, s/he may request review and re-computation of said fee.
Section 405.05 Amended 07/2017
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ORDINANCE 406 ILLICIT DISCHARGE AND CONNECTION ORDINANCE .............406-1
Section 406.01: PURPOSE AND INTENT............................................................ 406-2
Section 406.02: DEFINITIONS ..................................................................................406-2
Section 406.03: APPLICABILITY..............................................................................406-4
Section 406.04: RESPONSIBILITY FOR ADMINISTRATION.................................406-4
Section 406.05: COMPATIBILITY WITH OTHER REGULATIONS........................406-4
Section 406.06: SEVERABILITY...............................................................................406-4
Section 406.07: ULTIMATE RESPONSIBILITY.......................................................406-4
Section 406.08: DISCHARGE PROHIBITIONS.........................................................406-4
Section 406.09: WATERCOURSE PROTECTION.....................................................406-6
Section 406.10: INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES..406-6
Section 406.11: COMPLIANCE MONITORING........................................................406-6
Section 406.12: REQUIREMENT TO PREVENT, CONTROL AND REDUCE STORM
WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES ...406-7
Section 406.13: NOTIFICATION OF SPILLS............................................................406-7
Section 406.14: VIOLATIONS, INFORCEMENTS, AND PENALTIES....................406-8
Section 406.15: COSTS ..............................................................................................406-9
Section 406.16: SUSPENSION OF MS4 ACCESS .....................................................406-9
Section 406.17: CIVIL PENALTIES.........................................................................406-10
Section 406.18: CRIMINAL PENALTIES................................................................406-10
Section 406.19: APPEAL OF NOTIC OF VIOLATION...........................................406-10
Section 406.20: ENFORCEMENT MEASURES AFTER APPEAL..........................406-11
Section 406.21: COST OF ABATEMENT OF THE VIOLATION............................406-11
Section 406.22: VIOLATIONS DEEMED A PUBLIC NUISANCE.........................406-11
Section 406.23: REMEDIES NOT EXCLUSIVE......................................................406-11
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CHAPTER IV—WATER, SEWER & STORM WATER
ORDINANCE 406 ILLICIT DISCHARGE AND CONNECTION ORDINANCE
Section 406.01: Purpose and Intent. The purpose of this ordinance is to provide for the
health, safety, and general welfare of the citizens of the City of St. Joseph through the regulation
of non-storm water discharges to the storm drainage system to the maximum extent practicable as
required by federal and state law. This ordinance establishes methods for controlling the
introduction of pollutants into the municipal separate storm sewer system (MS4) in order to
comply with requirements of the National Pollutant Discharge Elimination System (NPDES)
permit process. The objectives of this ordinance are:
a. To regulate the contribution of pollutants to the MS4 by storm water discharges
by any user.
b. To prohibit illicit connections and discharges to the MS4.
C. To establish legal authority to carry out all inspection, surveillance,
monitoring, and enforcement procedures necessary to ensure compliance with this
ordinance.
Section 406.02: Definitions. For the purposes of this ordinance, the following shall mean:
a. Authorized Enforcement Agency. Employees or designees of the City of St.
Joseph designated to enforce this ordinance.
b. Best Management Practices (BMPs). Schedules of activities, prohibitions of
practices, general good housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly to storm water,
receiving waters, or storm water conveyance systems. BMPs also include
treatment practices, operating procedures, and practices to control site runoff,
spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
C. Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et
seq.), and any subsequent amendments thereto.
d. Construction Activity. Activities subject to NPDES Construction Permits. These
include construction projects resulting in land disturbance of one acre or more.
Such activities include but are not limited to clearing and grubbing, grading,
excavating, and demolition.
e. Hazardous Materials. Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical, chemical, or
infectious characteristics may cause, or significantly contribute to, a substantial
present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or
otherwise managed.
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f. Illegal Discharge. Any direct or indirect non-storm water discharge to the storm
drain system, except as exempted in this Ordinance.
g. Illicit Connections. An illicit connection is defined as either of the following:
i. Any drain or conveyance, whether on the surface or subsurface that
allows an illegal discharge to enter the storm drain system including but
not limited to any conveyances that allow any non-storm water discharge
including sewage, process wastewater, and wash water to enter the storm
drain system and any connections to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had been
previously allowed, permitted, or approved by an authorized enforcement
agency or,
ii. Any drain or conveyance connected from a commercial or industrial land
use to the storm drain system that has not been documented in plans,
maps, or equivalent records and approved by an authorized enforcement
agency.
g. Industrial Activity. Activities subject to NPDES Industrial Storm Water Permits as
defined in 40 CFR, Section 122.26 (b)(14).
h. Municipal Separate Storm Sewer System (MS4). The system of conveyances
(including sidewalks, roads with drainage systems, municipal streets, catch basins,
curbs, gutters, ditches, man-made channels, or storm drains) owned and operated
by the City of St. Joseph and designed or used for collecting or conveying storm
water, and that is not used for collecting or conveying sewage.
i. National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge
Permit. means a permit issued by EPA (or by a State under authority delegated
pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to
waters of the United States, whether the permit is applicable on an individual,
group, or general area-wide basis.
j. Non-Storm Water Discharge. Any discharge to the storm drain system that is not
composed entirely of storm water.
k. Person. Any individual, association, organization, partnership, firm, corporation or
other entity recognized by law and acting as either the owner or as the owner's
agent.
1. Pollutant. Anything which causes or contributes to pollution. Pollutants may
include, but are not limited to: paints, varnishes, and solvents; oil and other
automotive fluids; non-hazardous liquid and solid wastes and yard wastes;
refuse, rubbish, garbage, litter, or other discarded or abandoned objects,
ordinances, and accumulations, so that same may cause or contribute to pollution;
floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes;
sewage, fecal coliform and pathogens; dissolved and particulate metals; animal
wastes; wastes and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
M. Premises. Any building, lot,parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips.
n. Storm Drainage System. Publicly-owned facilities by which storm water is
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CHAPTER IV—WATER, SEWER & STORM WATER
collected and/or conveyed, including but not limited to any roads with
drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made or
altered drainage channels, reservoirs, and other drainage structures.
o. Storm Water. Any surface flow, runoff, and drainage consisting entirely of water
from any form of natural precipitation, and resulting from such precipitation.
p. Storm Water Management Plan. A document which describes the Best
Management Practices and activities to be implemented by a person or business to
identify sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to Storm Water, Storm Water
Conveyance Systems, and/or Receiving Waters to the Maximum Extent
Practicable.
q. Wastewater. Any water or other liquid, other than uncontaminated storm water,
discharged from a facility.
Section 406.03: Applicability This ordinance shall apply to all water entering the storm
drain system generated on any developed and undeveloped lands unless explicitly exempted by
the City of St. Joseph.
Section 406.04: Responsibility for Administration. The City of St. Joseph shall administer,
implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed
upon the City of St. Joseph may be delegated in writing by the Director Public Works of the City
of St. Joseph to persons or entities acting in the beneficial interest of or in the employ of the City
of St. Joseph.
Section 406.05: Compatibility with other Regulations. This ordinance is not intended to
modify or repeal any other ordinance, rule, regulation, or other provision of law. The
requirements of this ordinance are in addition to the requirements of any other ordinance, rule,
regulation, or other provision of law, and where any provision of this ordinance imposes
restrictions different from those imposed by any other ordinance, rule, regulation, or other
provision of law, whichever provision is more restrictive or imposes higher protective standards
for human health or the environment shall control.
Section 406.06: Severability. The provisions of this ordinance are hereby declared to be
severable. If any provision, clause, sentence, or paragraph of this ordinance or the application
thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall
not affect the other provisions or application of this ordinance.
Section 406.07: Ultimate Responsibility. The standards set forth herein and
promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does
not intend or imply that compliance by any person will ensure that there will be no contamination,
pollution, or unauthorized discharge of pollutants.
Section 406.08: Discharge Prohibitions.
a. Prohibition of Illegal Discharges. No person shall throw, drain, or otherwise
discharge, cause, or allow others under its control to throw, drain, or otherwise
discharge into the MS4 any pollutants or waters containing any pollutants, other
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CHAPTER IV—WATER, SEWER & STORM WATER
than storm water.
The commencement, conduct or continuance of any illegal discharge to the storm
drain system is prohibited except as described as follows:
i. The following discharges are exempt from discharge prohibitions
established by this ordinance: waterline flushing, landscape
irrigation, diverted stream flows, rising ground waters, uncontaminated
ground water infiltration, uncontaminated pumped ground water, discharges
from potable water sources, foundation drains, air conditioning
condensation, irrigation water, springs, water from crawl space pumps,
footing drains, lawn watering, individual residential car washing, flows
from riparian habitats and wetlands, de-chlorinated swimming pool
discharges, and street wash water.
ii. Discharges or flow from firefighting, and other discharges specified in
writing by the City of St. Joseph as being necessary to protect public health
and safety.
iii. Discharges associated with dye testing, however this activity requires
a verbal notification to the City of St. Joseph prior to the time of the test.
iv. The prohibition shall not apply to any non-storm water discharge
permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
United States Environmental Protection Agency (EPA), provided that the
discharger is in full compliance with all requirements of the permit, waiver,
or order and other applicable laws and regulations, and provided that written
approval has been granted for any discharge to the storm drain system.
a. Prohibition of Illicit Connections.
i. The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited.
ii. This prohibition expressly includes, without limitation, illicit connections
made in the past, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection.
iii. A person is considered to be in violation of this ordinance if the person
connects a line conveying sewage to the MS4, or allows such a connection
to continue.
iv. Improper connections in violation of this ordinance must be disconnected
and redirected, if necessary, to an approved onsite wastewater management
system or the sanitary sewer system upon approval of the City of St. Joseph.
V. Any drain or conveyance that has not been documented in plans, maps or
equivalent, and which may be connected to the storm sewer system, shall be
located by the owner or occupant of that property upon receipt of written
notice of violation from the City of St. Joseph requiring that such locating be
completed. Such notice will specify a reasonable time period within
which the location of the drain or conveyance is to be determined, that
the drain or conveyance be identified as storm sewer, sanitary sewer or
other, and that the outfall location or point of connection to the storm sewer
system, sanitary sewer system or other discharge point be identified.
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Results of these investigations are to be documented and provided to the
City of St. Joseph.
Section 406.09: Watercourse Protection. Every person owning property through which a
watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse
within the property free of trash, debris, excessive vegetation, and other obstacles that would
pollute, contaminate, or significantly retard the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing privately owned structures within or
adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or
physical integrity of the watercourse.
Section 406.10: Industrial or Construction Activity Discharges. Submission of Notice
of Intent to the City of St. Joseph.
a. Any person subject to an industrial or construction activity NPDES storm water
discharge permit shall comply with all provisions of such permit. Proof of
compliance with said permit may be required in a form acceptable to the City of St.
Joseph prior to the allowing of discharges to the MS4.
b. The operator of a facility, including construction sites, required to have an NPDES
permit to discharge storm water associated with industrial activity shall submit a
copy of the Notice of Intent (NOI) to the City of St. Joseph at the same time the
operator submits the original Notice of Intent to the EPA as applicable.
C. The copy of the Notice of Intent may be delivered to the City of St. Joseph
either in person or by mailing it to:
Notice of Intent to Discharge Storm Water
City of St. Joseph
Attn: City Administrator
25 College Ave N.; PO Box 668
St. Joseph MN 56374
d. A person commits an offense if the person operates a facility that is discharging
storm water associated with industrial activity without having submitted a copy of
the Notice of Intent to do so to the City of St. Joseph.
Section 406.11: Compliance Monitoring.
a. Right of Entry: Inspection and Sampling. The City of St. Joseph shall be permitted
to enter and inspect facilities subject to regulation under this ordinance as often
as may be necessary to determine compliance with this ordinance.
i. If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives of
the City of St. Joseph.
ii. Facility operators shall allow the City of St. Joseph ready access to all
parts of the premises for the purposes of inspection, sampling,
examination and copying of records that must be kept under the conditions
of an NPDES permit to discharge storm water, and the performance of any
additional duties as defined by state and federal law.
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iii. The City of St. Joseph shall have the right to set up on any p e r m i t t e d
f a c ility such devices as are necessary in the opinion of the City of St.
Joseph to conduct monitoring and/or sampling of the facility's storm water
discharge.
V. The City of St. Joseph has the right to require the discharger to install
monitoring equipment as necessary. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating
condition by the discharger at its own expense. All devices used to measure
storm water flow and quality shall be calibrated to ensure their accuracy.
vi. Any temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed by the
operator at the written or oral request of the City of St. Joseph and shall not
be replaced. The costs of clearing such access shall be borne by the
operator.
vii. Unreasonable delays in allowing the City of St. Joseph access to a
permitted facility is a violation of a storm water discharge permit and of this
ordinance. A person who is the operator of a facility with an NPDES permit
to discharge storm water associated with industrial activity commits an
offense if the person denies the City of St. Joseph reasonable access to
the permitted facility for the purpose of conducting any activity authorized
or required by this ordinance.
b. Search Warrants. If the City of St. Joseph has been refused access to any part of
the premises from which storm water is discharged, and he/she is able to
demonstrate probable cause to believe that there may be a violation of this
ordinance, or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program designed to verify compliance with this ordinance
or any order issued hereunder, or to protect the overall public health, safety, and
welfare of the community, then the City of St. Joseph may seek issuance of a search
warrant from any court of competent jurisdiction.
Section 406.12: Requirement to Prevent, Control and Reduce Storm Water Pollutants by
the Use of Best Management Practices. City of St. Joseph will adopt requirements identifying
Best Management Practices for any activity, operation, or facility which may cause or
contribute to pollution or contamination of storm water, the storm drain system, or waters of the
United States. The owner or operator of such activity, operation, or facility shall provide, at their
own expense, reasonable protection from accidental discharge of prohibited materials or other
wastes into the municipal storm drain system or watercourses through the use of these structural
and non-structural BMPs. Further, any person responsible for a property or premise that is, or
may be, the source of an illicit discharge, may be required to implement, at said person's
expense, additional structural and non-structural BMPs to prevent the further discharge of
pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit
authorizing the discharge of storm water associated with industrial activity, to the extent
practicable, shall be deemed compliance with the provisions of this section. These BMPs shall
be part of a storm water management plan (SWMP) as necessary for compliance with
requirements of the NPDES permit.
Section 406.13: Notification of Spills. Notwithstanding other requirements of law, as soon
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as any person responsible for a facility or operation, or responsible for emergency response for a
facility or operation has information of any known or suspected release of materials which
are resulting or may result in illegal discharges or pollutants discharging into storm water, the
storm drain system, or waters of the United States, said person shall take all necessary steps to
ensure the discovery, containment, and cleanup of such release. In the event of such a release of
hazardous materials said person shall immediately notify emergency response agencies of the
occurrence via emergency dispatch services. In the event of a release of non-hazardous materials,
said person shall notify the City of St. Joseph in person or by phone or facsimile no later than the
next business day. Notifications in person or by phone shall be confirmed by written notice
addressed and mailed to the City of St. Joseph within two (2) business days of the phone
notice. If the discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain an on-site written
record of the discharge and the actions taken to prevent its recurrence. Such records shall be
retained for at least three (3)years.
Failure to provide notification of a release as provided above is a violation of this ordinance.
Section 406.14: Violations, Enforcement, and Penalties.
a. Violations. It shall be unlawful for any person to violate any provision or fail to
comply with any of the requirements of this ordinance. Any person who has
violated or continues to violate the provisions of this ordinance, may be subject to
the enforcement actions outlined in this section or may be restrained by injunction
or otherwise abated in a manner provided by law.
In the event the violation constitutes an immediate danger to public health or
public safety, the City of St. Joseph is authorized to enter upon the subject
private property, without giving prior notice, to take any and all measures
necessary to abate the violation and/or restore the property. The City of St. Joseph
is authorized to seek costs of the abatement as outlined in Section 406.21.
b. Warning Notice. When the City of St. Joseph finds that any person has violated, or
continues to violate, any provision of this ordinance, or any order issued hereunder,
the City of St. Joseph may serve upon that person a written Warning Notice,
specifying the particular violation believed to have occurred and requesting the
discharger to immediately investigate the matter and to seek a resolution whereby
any offending discharge will cease. Investigation and/or resolution of the matter
in response to the Warning Notice in no way relieves the alleged violator of
liability for any violations occurring before or after receipt of the Warning Notice.
Nothing in this subsection shall limit the authority of the City of St. Joseph to take
any action, including emergency action or any other enforcement action, without
first issuing a Warning Notice.
C. Notice of Violation. Whenever the City of St. Joseph finds that a person has
violated a prohibition or failed to meet a requirement of this ordinance, the City
of St. Joseph may order compliance by written notice of violation to the responsible
person. The Notice of Violation shall contain:
i. The name and address of the alleged violator;
ii. The address when available or a description of the building, structure or
land upon which the violation is occurring, or has occurred;
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iii. A statement specifying the nature of the violation;
iv. A description of the remedial measures necessary to restore
compliance with this ordinance and a time schedule for the completion of
such remedial action;
V. A statement of the penalty or penalties that shall or may be assessed against
the person to whom the notice of violation is directed;
vi. A statement that the determination of violation may be appealed to the
City of St. Joseph by filing a written notice of appeal within 30 days of
service of notice of violation, except in the instance where a Cease and
Desist Order is issued as described in Section 406.16, then the notice of
appeal must be received within (10) days from the date of the Cease and
Desist Order; and
vii. A statement specifying that, should the violator fail to restore
compliance within the established time schedule, the work will be done by
a designated governmental agency or a contractor and the expense thereof
shall be charged to the violator.
Such notice may require without limitation:
viii. The performance of monitoring, analyses, and reporting;
ix. The elimination of illicit connections or discharges;
X. That violating discharges, practices, or operations shall cease and desist;
xi. The abatement or remediation of storm water pollution or contamination
hazards and the restoration of any affected property
xii. Payment of a fine to cover administrative and remediation costs; and
xiii. The implementation of source control or treatment BMPs.
Section 406.15 Costs. In addition to the other penalties provided herein, the City may
recover engineering fees, court costs, court reporter's fees, attorney fees, and other expenses of
litigation or enforcement by an appropriate action against the person or entity found to have
violated this ordinance or the orders, rules, regulations, and permits issued hereunder.
Section 406.16: Suspension of MS4 Access.
a. Emergency Cease and Desist Orders. When the City of St. Joseph finds that any
person has violated, or continues to violate, any provision of this ordinance, or any
order issued hereunder, or that the person's past violations are likely to recur, and
that the person's violation(s) has (have) caused or contributed to an actual or
threatened discharge to the MS4 or waters of the United States which reasonably
appears to present an imminent or substantial endangerment to the health or
welfare of persons or to the environment, the City of St. Joseph may issue an order
to the violator directing it immediately to cease and desist all such violations and
directing the violator to:
i. Immediately comply with all ordinance requirements; and
ii. Take such appropriate preventive action as may be needed to
properly address a continuing or threatened violation, including
immediately halting operations and/or terminating the discharge.
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Any person notified of an emergency order directed to it under this Subsection shall
immediately comply and stop or eliminate its endangering discharge. In the event of
a discharger's failure to immediately comply voluntarily with the emergency order,
the City of St. Joseph may take such steps as deemed necessary to prevent or
minimize harm to the MS4 or waters of the United States, and/or endangerment to
persons or to the environment, including immediate termination of a facility's water
supply, sewer connection, or other municipal utility services. The City of St. Joseph
may allow the person to recommence its discharge when it has demonstrated to the
satisfaction of the City of St. Joseph that the period of endangerment has passed,
unless further termination proceedings are initiated against the discharger under this
ordinance. A person that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit a detailed written statement,
describing the causes of the harmful discharge and the measures taken to prevent
any future occurrence, to the City of St. Joseph within 5 days of receipt of the
emergency order. Issuance of an emergency cease and desist order shall not be a bar
against, or a prerequisite for, taking any other action against the violator.
b. Suspension due to Illicit Discharges in Emergency Situations. The City of St.
Joseph may, without prior notice, suspend MS4 discharge access to a person
when such suspension is necessary to stop an actual or threatened discharge which
presents or may present imminent and substantial danger to the environment, or to
the health or welfare of persons, or to the MS4 or waters of the United States. If
the violator fails to comply with a suspension order issued in an emergency, the
City of St. Joseph may take such steps as deemed necessary to prevent or
minimize damage to the MS4 or waters of the United States, or to minimize
danger to persons.
C. Suspension due to the Detection of Illicit Discharge. Any person discharging to the
MS4 in violation of this ordinance may have their MS4 access terminated if such
termination would abate or reduce an illicit discharge. The City of St. Joseph will
notify a violator of the proposed termination of its MS4 access. The violator may
petition the City of St. Joseph for a reconsideration and hearing.
A person commits an offense if the person reinstates MS4 access to premises
terminated pursuant to this Ordinance, without the prior approval of the City of St.
Joseph.
Section 406.17: Civil Penalties. In the event the alleged violator fails to take the remedial
measures set forth in the notice of violation or otherwise fails to cure the violations described
therein within 10 days, or such greater period as the City of St. Joseph shall deem appropriate,
after the City of St. Joseph has taken one or more of the actions described above, the City of St.
Joseph may impose a penalty not to exceed $ 1,000.00 (depending on the severity of the
violation) for each day the violation remains un-remedied after receipt of the notice of violation.
Section 406.18: Criminal Penalties. Any person violating any of the provisions of this
Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a
fine of not more than $ 900 or by imprisonment for not to exceed ninety (90) days or both.
Section 406.19: Appeal of Notice of Violation: Any person receiving a Notice of
Violation may appeal the determination of the City of St. Joseph. The notice of appeal must be
received within thirty (30) days from the date of the Notice of Violation, except in the instance
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where a Cease and Desist Order is issued as described in Section 406.16, then the notice of appeal
must be received within (10) days from the date of the Cease and Desist Order. Hearing on the
appeal before the appropriate authority or his/her designee shall take place within thirty (30) days
from the date of receipt of the notice of appeal. The decision of the municipal authority or their
designee shall be final.
Section 406.20: Enforcement Measures After Appeal. If the violation has not been
corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an
appeal, within ten (10) days of the decision of the municipal authority upholding the decision
of the City of St. Joseph, then representatives of the City of St. Joseph shall enter upon the subject
private property and are authorized to take any and all measures necessary to abate the violation
and/or restore the property. It shall be unlawful for any person, owner, agent or person in
possession of any premises to refuse to allow the government agency or designated contractor to
enter upon the premises for the purposes set forth above.
Section 406.21: Cost of Abatement of the Violation. Within forty-five (45) days after
abatement of the violation, the owner of the property will be notified of the cost of abatement,
including administrative costs. The property owner may file a written protest objecting to the
amount of the assessment within thirty (30) days. If the amount due is not paid within a timely
manner as determined by the decision of the municipal authority or by the expiration of the time in
which to file an appeal, the charges shall become a special assessment against the property and
shall constitute a lien on the property for the amount of the assessment.
Any person violating any of the provisions of this article shall become liable to the City of St.
Joseph by reason of such violation. The liability shall be paid in not more than twelve (12)
equal payments. Interest at the rate of six (6)percent per annum shall be assessed on the balance
beginning 30 days after the property owner has been notified of the cost of abatement.
Section 406.22: Violations Deemed a Public Nuisance. In addition to the enforcement
processes and penalties provided, any condition caused or permitted to exist in violation of any
of the provisions of this ordinance is a threat to public health, safety, and welfare, and is
declared and deemed a nuisance, and may be summarily abated or restored at the violator's
expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance
may be taken.
Section 406.23: Remedies Not Exclusive. The remedies listed in this ordinance are not
exclusive of any other remedies available under any applicable federal, state or local law and it is
within the discretion of the City of St. Joseph to seek cumulative remedies.
The City of St. Joseph may recover all attorneys' fees court costs and other expenses associated
with enforcement of this ordinance, including sampling and monitoring expenses.
406-11
CHAPTER IV – PUBLIC UTILITIES
ORDINANCE 407 STREET LIGHT UTILITY ORDINANCE .......................................... 407-1
Section 407.01: PURPOSE AND POLICY ............................................................. 407-2
Section 407.02: DEFINITIONS .................................................................................. 407-2
Section 407.03: UTILITY FEES AND CHARGES .................................................... 407-2
Section 407.04: ADMINISTRATION ........................................................................ 407-3
Section 407.05: PENALTIES ..................................................................................... 407-3
Section 407.06: SEVERABILITY AND VALIDITY ................................................. 407-4
407-1
CHAPTER IV – PUBLIC UTILITIES
_______________________________________________________________________________
_______________________________________________________________________________
ORDINANCE 407 STREET LIGHT UTILITY
_______________________________________________________________________________
_______________________________________________________________________________
Section 407.01: PURPOSE AND POLICY. The St. Joseph City Council has determined
that, to promote the general health, safety and welfare of the citizens and residents of the City, it is
in the best interests of said citizens and residents that the city maintain a city-wide street lighting
system utility and further has determined that the maintenance of such a utility benefits each and
every property within the City. The City Council has therefore determined that it is fair,
appropriate and reasonable and that the costs of such operation and maintenance be paid on a fair
and reasonable basis by all of the property in the city so benefitted and that the cost thereof should
be charged to and collected from all such benefitted property.
Section 407.02: DEFINITIONS. Except as may otherwise be provided or clearly implied
by context, all terms shall be given their commonly accepted definitions. For the purpose of
this ordinance, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.
Subd. 1: Operating and Maintenance Costs: The current paid or accrued expense
of operation, maintenance and current repair of the system, as calculated in accordance
with sound accounting practices and includes, without limitation, administrative
expenses, labor, the cost of materials and supplies used for current operations and
charges for the accumulation of appropriate reserves for current expenses not annually
incurred but which are such as may be reasonably expected to be incurred in accordance
with sound accounting practices.
Subd. 2: Street Lighting System or System: The existing system of street lights
and signalized intersection systems and related wires and equipment owned or
maintained by the City and all improvements thereto which are the property and
responsibility of the utility, to be operated by the utility to provide lighting on public
streets.
Subd. 3: Street Lighting Utility or Utility: The utility created by this Ordinance
to operate, maintain and improve the street lighting system.
Subd. 4: Utility Fee. A utility fee authorized in this Ordinance which is
established to pay for operations and maintenance, extension and replacement and debt
service.
Section 407.03: UTILITY FEES AND CHARGES. The utility shall charge utility fees
established from time to time by the City Council to recover from all property owners any debt
service and operation and maintenance of the street lighting system facilities in the City. All
property owners in the City of St. Joseph will be billed a proportionate share of the operation
and maintenance of a city-wide street lighting system. The proportionate share of the utility
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shall be equated to a charge per unit and the unit charges shall be applied as follows:
Subd. 1: Residential Uses – including single family, two family, three family and
Manufactured Home Community Park and dormitories shall be billed one unit for each
residential use. For the purposes of determined a residential unit, each apartment,
dormitory room or individual living unit shall be charged one unit per month. The number
of units will be multiplied by the monthly rate.
Subd. 2: Commercial/Industrial Uses – each use shall be charged on unit. For the
purpose of determining a commercial/industrial unit, each business in a multi-tenant building
will be charged one unit per month. The number of units will be multiplied by the monthly
rate.
Subd. 3: Mixed Use Facility – each use in a multi-use building shall be charged one
unit. If the facility includes living units, each living unit shall be charged one unit per month
and each individual business shall be charged one unit per month. The number of units will be
multiplied by the monthly rate.
Subd. 4: Exemptions. The following land uses are exempt from the established
Street Light Utility Charge:
a) Public street right-of-way
b) Publicly owned property
c) Parks, open spaces
d) Cemeteries
e) Agricultural, Undeveloped
Section 407.04: Administration. The Street Light Utility Fund shall be administered
according to the following provisions:
Subd. 1: The City shall maintain the Street Light Utility Fund in accordance with the
Minnesota Accounting and Financial Reporting Standards as adopted and amended by the Office
of the State Auditor.
Subd. 2: Bills for service shall be billed and collected as identified in St. Joseph Code of
Ordinance 409.
Section 407.05: PENALTIES.
Subd. 1: Criminal Penalties. Any person violating any of the provisions of this Ordinance
shall be guilty of a criminal offense, punishable as a misdemeanor as defined by City Ordinance
and/or State law.
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CHAPTER IV – PUBLIC UTILITIES
Section 407.06: SEVERABILITY AND VALIDITY.
Subd. 1: If any section or subdivision of this ordinance shall be held invalid, the invalidity
thereof shall not affect the validity of the other provisions of this ordinance, which shall continue
in full force and effect.
Subd. 2: This ordinance shall be in full force and take effect from and after its passage and
approval and publication as provided by law.
New 02/13
Sections 407.04 & 407.05 Amended 07/2017
407-4
CHAPTER IV – WATER & SEWER
ORDINANCE 408 WATER RATE ORDINANCE ............................................................ 408-1
Section 408.01: PURPOSE AND POLICY ................................................................. 408-1
Section 408.02: DEFINITIONS .................................................................................. 408-1
Section 408.03: RATES.............................................................................................. 408-1
Section 408.04: ADMINISTRATION ........................................................................ 408-2
Section 408.05: PENALTIES ..................................................................................... 408-3
Section 408.06: SEVERABILITY AND VALIDITY ................................................. 408-3
408-0
CHAPTER IV – WATER & SEWER
ORDINANCE 408 WATER RATE ORDINANCE
Section 408.01. PURPOSE AND POLICY. The purpose of this Ordinance is to set and
recover fees from users of the St. Joseph Water System on an equitable basis to provide funds for
the operation and maintenance, debt service, replacement and improvements to the St. Joseph
Water System.
Section 408.02. DEFINITIONS. Except as may otherwise be provide or clearly implied
by context, all terms shall be given their commonly accepted definitions. For the purpose of this
Ordinance, the following definitions shall apply unless the context clearly indicates or requires a
different meaning.
a. Account. A record of water service used by each property and the periodic costs for
those utility services.
b. St. Joseph Water System. Water transmission pipes, lines, fixtures, meters and all
necessary equipment and appurtenances owned or operated by the City utility system
for the purpose of providing water services for public or private use.
c. User. A property owner connected to the St. Joseph Water System.
d. Water Rate. A utility fee authorized
Section 408.03. RATES. To determine billable water, all users of the wastewater
system must have water meters installed to determine the amount of water used. The water rates
schedule will be adopted annually by the City Council as Appendix A of the St. Joseph Code of
Ordinances. In the event that after the rates are adopted, an apparent shortfall is determined, the
City Council will consider an amendment to Appendix A, using the same hearing process as
adopting the annual rates. The charges for service will be divided into two rates:
a. Water Line Charge: All users of the St. Joseph Water System will be billed a
proportionate share of the fixed costs of the water facilities. The fixed costs used to
determine the water line charge will be equated to a charge per unit and the unit
charges shall be applied as follows:
i. Residential Uses – including single family, two family, three family and
Manufactured Home Community Park shall be billed one unit for each
residential use. For the purposes of determining a residential unit, each
apartment or individual living unit shall be charged one unit per month.
The number of units will be multiplied by the monthly rate.
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CHAPTER IV – WATER & SEWER
ii. Commercial/Industrial Uses – each use shall be charged one unit. For the
purposes of determining a commercial/industrial unit, each business in a
multi-tenant building will be charged one unit per month. The number of
units will be multiplied by the monthly rate.
iii. Mixed Use Facilities – each use in a multi use building shall be charged
one unit. If the facility includes living units, each living unit shall be
charged one unit per month and each individual business shall be charged
on unit per month. The number of units will be multiplied by the monthly
rate.
iv. Other Uses – Properties utilizing water services that are not listed above
shall be charged one unit cost per residential equivalent. Residential
equivalent shall consist of dividing the monthly water use by the average
residential water use of 274 gallons per day. This number and any portion
thereof shall represent the number of units to be charged on a monthly
basis. Example: 5.25 units shall be considered 6 units for purpose of
determining number of units. The number of units will be multiplied by
the monthly rate.
b. Water Usage Charge: All Users of the St. Joseph Water System will be billed for
water calculated on the basis of metered water usage, or if applicable direct
wastewater metering. Annually the City will establish a budget for the water fund
and the budgeted costs less the fixed costs will be extrapolated into a per gallon water
use charge. The Water Use rate will be billed as follows:
i. Residential Uses – The water use charge shall be calculated on the basis of
metered water usage.
ii. Commercial/Industrial – The water use charge shall be calculated on the
basis of metered water usage.
iii. Mixed Use Facility – The water use charge shall be calculated on the basis
of the metered water usage. Each individual business in a multi-use
facility shall be required to have a separate meter and will be billed
separately.
iv. Other Uses – Manufactured Home Community Parks are responsible for
all infrastructure within the Park and will be billed for usage based on the
meter readings. The City shall not be responsible for billing the individual
tenants/property owners within the park.
Section 408.04. ADMINISTRATION. The Water Service Charge System and Water
Service Fund shall be administered according to the following provisions:
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CHAPTER IV – WATER & SEWER
Subd. 1: The City shall maintain the Water Fund in accordance with the Minnesota
Accounting and Financial Reporting Standards as adopted and amended by the Office of the
State Auditor.
Subd. 2: The City Council shall annually review user rates and charges to determine
whether sufficient revenue is being generated for the effective operation, maintenance,
replacement, management of the Water System and debt retirement.
Subd. 3: Bills for service shall be as regulated by St. Joseph Ordinance 409.
Subd. 4: The owner of the premise shall be liable to pay for the service to such premises,
and the service is furnished to the premises by the City only upon the condition that the owner of
the premises is liable therefore to the City. All accounts shall be carried in the name of the
owner of the property and the City does not have a responsibility to mail notices to tenants.
Section 408.05. PENALTIES.
Subd. 1. Criminal Penalties. Any person violating any of the provisions of this
ordinance shall be guilty of a criminal offense, punishable as a misdemeanor as defined by City
ordinance or state law.
Subd. 2: Twice annually delinquencies in excess of three service periods shall be
certified to the County Auditor as taxes or assessments on the real estate. Nothing in this
ordinance shall be held or construed as in any way stopping or interfering with the right of the
City to levy taxes or assessments against any premises affected by any delinquent or past due
water service charges.
Subd. 3: As an alternative to levying a lien, the City may, at its discretion, file suit in a
civil action to collect such amounts as are delinquent and due against the occupant, owner, or
user of the real estate, and shall collect as well all attorney's fees incurred by the City in filing the
civil action. Such attorney's fees shall be fixed by order of the court.
Section 408.06. SEVERABILITY AND VALIDITY.
Subd. 1: If any section or subdivision of this ordinance shall be held invalid, the
invalidity thereof shall not affect the validity of the other provisions of this ordinance, which
shall continue in full force and effect.
Subd. 2: This ordinance shall be in full force and take effect from and after its passage
and approval and publication as provide by law.
New 07/2017
408-3
CHAPTER IV – WATER & SEWER
ORDINANCE 409 UTILITY ACCOUNTS, RATES AND PROVIDING FOR COLLECTION
OF DELINQUENT CHARGES .......................................................................................... 409-1
Section 409.01: PURPOSE AND POLICY ............................................................. 409-1
Section 409.02: DEFINITIONS .................................................................................. 409-1
Section 409.03: ACCOUNTS ..................................................................................... 409-1
Section 409.04: BILLING .......................................................................................... 409-1
Section 409.05: SHUT OFF FOR NONPAYMENT ................................................... 409-2
Section 409.06: CERTIFICATION FOR COLLECTION WITH TAXES ................... 409-2
Section 409.07: DISCONNECTION OF CITY WATER UTILITY-CUSTOMER
REQUESTED ............................................................................................................. 409-3
Section 409.08: DISCONNECTION OF CITY WATER UTILITY-CITY DIRECTED
.................................................................................................................................... 409-3
Section 409.09: OTHER REMEDIES ......................................................................... 409-4
409-0
CHAPTER IV – WATER & SEWER
ORDINANCE 409 UTILITY ACCOUNTS, RATES AND PROVIDING FOR
COLLECTION OF DELINQUENT CHARGES
Section 409.01. PURPOSE AND POLICY. The purpose of this Ordinance is to set and
recover fees from users of the St. Joseph Utility System on an equitable basis to provide funds
for the operation and maintenance, debt service, replacement and improvements to the Utility
System operated by the City.
Section 409.02. DEFINITIONS. Except as may otherwise be provide or clearly implied
by context, all terms shall be given their commonly accepted definitions. For the purpose of this
Ordinance, the following definitions shall apply unless the context clearly indicates or requires a
different meaning.
a. Account. A record of utility services used by each property and the periodic costs
for those utility services.
b. City. The City of St. Joseph County of Stearns, State of Minnesota
c. City Utility System. Facilities used for providing public utility service owned or
operated by the City or agency thereof, including sewer, street lighting, storm sewer,
refuse and water service.
d. User. A property owner connected to the St. Joseph Utility System.
e. Utility Rate Schedule. A schedule of all utility rates and charges set by Ordinance, as
Exhibit A, of the St. Joseph Code of Ordinances.
Section 409.03. ACCOUNTS. All accounts shall be carried in the name of the property
owner. The City shall not be responsible for sending utility statements to tenants. The property
owner shall be liable for the sewer, street lighting, storm sewer, refuse and water services
whether he or she is occupying the property or not, and any unpaid charges shall be a lien upon
the property.
Section 409.04. BILLING. Street lighting, sewer, storm sewer, refuse and water shall be
billed on one bill as applicable to each account. All charges for street lighting, sewer, storm
th
sewer, refuse and water shall be due upon receipt and considered delinquent after the 15 day of
the following month.
a. Bills shall be mailed to the customers bimonthly and shall specify the water
consumed and the sewer, street lighting, refuse and storm water charges in
accordance with the then current utility rate schedule.
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CHAPTER IV – WATER & SEWER
b. A late payment penalty as set out in the Utility Rate Schedule shall be assessed on all
accounts with a past due balance.
Section 409.05. SHUT OFF FOR NONPAYMENT. Water shall not be shut-off until
notice and an opportunity for a hearing before the city council or an employee designated by the
city council have been provided to the occupant and owner of the premises involved.
a. If any bill is not paid by the due date listed on the bill, a notice of disconnect will be
mailed by first class mail and shall state that if payment is not made within fifteen
days of the mailing of the second bill, water service to the premises will be shut off
for nonpayment.
b. The second bill and shut-off notice shall contain the title, address and telephone
number of the official in charge of billing; the title, address and phone number shall
be clearly visible and easily readable.
c. The notice shall also state that any occupant or owner has the right to a hearing before
the water service is shut off. The owner or occupant may be represented in person
and by counsel or any other person of his or her choosing. The owner or occupant
may present orally or in writing his or her complaint to the city official in charge of
utility billing. This official shall be authorized to order continuation of the
customer’s service and shall have the authority to adjust the customer’s bill or enter
into a mutually agreeable payment plan.
d. If an occupant or owner request a hearing, the water shall not be shut off until the
hearing process is complete.
e. If a customer fails to pay and fails to request a hearing under this part, water service
will be shut off at the time specified in the notice, but not until the charges have been
due and unpaid for at least 30 days.
f. If the water service has been terminated for nonpayment, the occupant or owner must
pay the reconnection fee as set out in the Utility Rate Schedule. In addition, if the
owner or occupant requests to turn the water on after normal work hours, a two hour
minimum call out for the maintenance staff to restore service will be charged in
addition to the reconnection fee.
Section 409.06. CERTIFICATION FOR COLLECTION WITH TAXES. Unpaid
charges on utility accounts shall not be certified to the county auditor until notice and an
opportunity for a hearing have been provided to the owner of the premises involved. The notice
shall be sent by first class mail and shall state that if payment is not made before the date of
certification, the entire amount unpaid plus penalties will be certified to the county auditor for
collection as other taxes are collected. The notice shall also state that the occupant may, before
such certification date, attend or schedule a public hearing on the matter to object to the
certification of unpaid utility charges.
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CHAPTER IV – WATER & SEWER
a. The owner of the property shall have the option of paying the balance due, including
any and all penalties on the account until the certification date. After the certification
date, payments will still be accepted until November 15 of the certification year and
will include interest charges as identified in Appendix A of the St. Joseph Code of
Ordinances.
b. A hearing shall be held on the matter by the City Council. Property owners with
unpaid utility charges shall have the opportunity to object to the certification of
unpaid charges to be collected as taxes are collected. If, after the hearing, the City
Council finds that the amounts claimed as delinquent are actually due and unpaid and
that there is no legal reason why the unpaid charges should not be certified for
collection with taxes in accordance with this ordinance, the City may certify the
unpaid charges to the county auditor for collection as other taxes are collected.
c. For each certification sustained, the property owner shall have the following options
after the hearing:
i. To pay the delinquent amount listed on the preliminary roll, but without
additional interest after the hearing, within thirty days of the hearing date.
ii. To pay the certified delinquent amount after the hearing date, but before the
county certification deadline, with interest at the rate set in the assessment roll
adoption of the City Council, accrued beginning on the thirty first day following
the hearing date of payment.
iii. To pay the certified charges as billed to them by the County on their property tax
statement with a collection term of one year.
Section 409.07. DISCONNECTION OF CITY WATER UTILITY – CUSTOMER
REQUESTED. Any City water service property owner desiring to discontinue the use of City
water must make a request to disconnect the service to the City Offices. The City Offices will
have the service shut off by authorized personnel.
a. No unauthorized person will shut off the water service.
b. A fee, to be determined from time to time by ordinance of the City Council, will be
charged for disconnecting service. A separate fee will be charged for restoring
services.
c. Disconnection of water service shall not relieve the property owner from being billed
for the minimum charges for all utilities available to the property as adopted by
ordinance by the City Council.
Section 409.08. DISCONNECTION OF CITY WATER UTILITY – CITY DIRECTED.
The Public Works Director, to protect the public health and safety and in order to protect the
409-3
CHAPTER IV – WATER & SEWER
public water supply and/or private property, may order the City water service immediately
disconnected to any property upon determining that any of the following conditions exist:
a. The property is vacant;
b. The property is unsecured;
c. The property is determined to be uninhabitable or unsuitable for occupancy;
d. Other utilities to the property providing heat and/or light have been shut off;
e. The property has plumbing that is failing or unsafe; or
f. That running water to the property create an unsanitary or unsafe condition to anyone
who may enter the property.
g. The property owner or occupant has refused access by authorized officials as
authorized by this Section.
Section 409.09. OTHER REMEDIES. In addition to any procedures or penalties
provided for this ordinance if any person, firm or corporation fails to comply with any provision
of this ordinance, the council or any city official designated by it may institute appropriate
proceedings at law or at equity to procure payment and or enforce the provisions of this
ordinance.
New 07/2017
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CHAPTER V—BUILDING, LAND USE & REGULATIONS
ORDINANCE 501 BUILDING ORDINANCE.................................................................. 501-1
Section 501.01: PERMITS REQUIRED..................................................................... 501-1
Section 501.02: SEWER AND WATER HOOK UP................................................... 501-1
Section 501.03: PERMIT FEE.................................................................................... 501-1
Section 501.04: BUILDING CODE............................................................................ 501-1
Section 501.05: MAINTENANCE OF BUILDING SITE........................................... 501-1
Section 501.06: BUILDING NUMBERS AND KEY BOXES.................................... 501-2
Section 501.07: COMPLETION DATE...................................................................... 501-3
Section 501.08: WITHHOLDING OF PERMITS....................................................... 501-3
Section 501.09: CONSTRUCTION TIMES................................................................ 501-4
Section 501.10: PENALTIES/ENFORCEMENT........................................................ 501-4
501-0
CHAPTER V—BUILDING, LAND USE & REGULATIONS
ORDINANCE 501 BUILDING ORDINANCE
Section 501.01: PERMITS REQUIRED. No person shall construct, enlarge, alter,
repair, move, demolish, or change occupancy of any building or part thereof with the City of St.
Joseph, without first securing a building permit. No person shall install, modify or perform other
work on a plumbing or mechanical system within any structure (other than routine maintenance
or having a cost or value of$2,000 or less) without first securing the necessary plumbing or
mechanical permit. The application for a building permit shall be accompanied by a plan
showing the dimensions of the lot to be built upon, the size and location of the building upon the
lot and any accessory buildings to be erected, the use to which the intended building is to be put,
and the estimated cost thereof. The application for a plumbing or mechanical permit shall be
accompanied by a description of the work to be performed and other information as deemed
necessary by the Building Inspector. If the proposed work complies with the Minnesota State
Building Code and the regulations adopted by the State of Minnesota, as well as all of the
Ordinances of the City of St. Joseph, the Building Inspector shall issue a permit therefore
conditioned upon the applicants compliance with all the State Laws and City Ordinance.
BUILDING PERMITS SHALL NOT BE REQUIRED for work specifically exempt by
MN Rules adopted by this code as MN State Building Code.
Section 501.02: SEWER AND WATER HOOK UP. Every residential building
constructed or remodeled or placed upon any lots within the City of St. Joseph where sewer and
water mains are available in nearby streets shall be required to make water and sewer
installations in accordance with City regulations.
Section 501.03: PERMIT FEE. Each application shall be accompanied by a certified
check or cash to cover the building permit fees hereinafter provided, as well as the State
surcharge affixed by law. The Permit Fee shall be established and amended from time to time by
resolution of the City Council.
Section 501.04: BUILDING CODE. The Minnesota State Building Code, established
pursuant to Minnesota Statutes 1613.59 to 1613.75, including all of the amendments, rules and
regulations established, adopted and published from time to time by the Minnesota
Commissioner of Administration, through the Building Codes and Standards Division is hereby
adopted by reference with the exception of optional chapters, unless specifically adopted by this
Ordinance. The Minnesota State Building Code, a copy of which is on file in the office of the
City Clerk/Administrator, is hereby incorporated in this Ordinance as if fully set out herein.
Section 501.05: MAINTENANCE OF BUILDING SITE. With respect to any
construction, alterations, remodeling, or other work for which a permit is required hereunder, the
owner of the property which is the subject of the permit, as well as the principal and/or general
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CHAPTER V—BUILDING, LAND USE & REGULATIONS
contractor performing the work, shall maintain the building site in a clean and neat condition,
shall gather all building debris, damaged materials, wrappings, boxes, and other debris, garbage
or liter created during construction, and store the same within a structure, dumpster, building, or
a fenced area as deemed appropriate by the building inspector to keep debris from blowing on to
adjacent properties, protect children from injury, and to reduce the unsightly appearance of the
property. All construction debris shall be removed from the construction site within 10 days of
completion of construction.
Section 501.06: BUILDING NUMBERS AND KEY BOXES.
Subd. 1: Building Numbers. Building numbers are important in providing public safety
services as well as mail and other deliveries to the affected buildings.
a) Placement and Specifications. The owner, lessor or occupant of every industrial,
commercial or other building in the City shall have a proper building number on
the building either by affixing to the building the numbers in metal, glass, plastic
or any other durable material. The numbers shall not be less than four (4") in
height in a contrasting color to the base. The numbers shall either be lighted or
made of some reflective material and so placed to be easily seen from the street.
b) Maintenance. The occupant of the primary structure shall be responsible for
keeping the address numbers in good repair and clear of snow, dirt, debris and
other obstructions.
C) Enforcement. The City may withhold all city licenses, applications, and permits
from owners or occupants of primary structures if the address is not placed or
maintained in conformance with this Ordinance.
d) Penalty. Any person violating or failing to comply with this Ordinance shall be
guilty of a petty misdemeanor.
Subd. 2: Key Boxes. Where property is protected by an automatic alarm system, a
protected access to or within a structure, or access to an area on that property is unduly difficult
because of secured openings and where immediate access is necessary for public safety, life
saving, or firefighting purposes, the fire chief may require a key box to be installed in an
approved location. The key box shall be of the type approved by the fire department and shall be
the expense of the landowner.
a) Contents. The key box shall contain:
1. Keys to lock points of ingress whether on the interior or exterior of such
buildings.
2. Keys to lock mechanical equipment rooms.
3. Keys to locked electrical rooms.
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CHAPTER V—BUILDING, LAND USE & REGULATIONS
4. Keys to elevator controls.
5. Keys to other areas as directed by the fire chief
6. It shall be the responsibility of the business owner to maintain a current
key in the key box at all times.
b) Waiver. The owner of every building of every property defined by this Ordinance
shall either assure that a key box is installed and maintained in an approved
location by the Fire Chief for the City of St. Joseph or shall provide the St. Joseph
City Administrator a written letter dated and delivered between December 1 and
December 29 of each year indicating that they have not installed a key box
pursuant to this Ordinance and that in the event of any response by the City or its
representatives, they shall waive any claim for damages or trespass.
C) Penalties. If the key box is not installed and a waiver is not received, the land
owner shall be subject to a petty misdemeanor following failure to either install
the key box or provide the City with a written waiver after ten (10) days written
notice. A second offense within the same calendar year shall be punishable as a
misdemeanor.
Section 501.07: COMPLETION DATE. With respect to any construction, alterations,
remodeling or other work for which a permit is required hereunder, the proposed work for which
a permit is issued shall be completed in its entirety within one year after issuance of the building
permit. If in one year after making application for a building permit, the work is not completed,
the applicant may request the Planning Commission to grant an extension for up to one year in
length. In the event of a violation of this provision, in addition to other remedies provided
herein, the City may proceed to fully or partially complete the permitted work, or remedy any
unsafe or unsightly condition, and assess the cost thereof, plus interest at the rate of eight percent
per annum against the property in question.
Section 501.08: WITHHOLDING OF PERMITS. The City of St. Joseph shall withhold
building permits from any contractor, property owner or other applicant who:
a) has any pending violations with respect to the building code as adopted by the
City of St. Joseph, any developer's agreements to which the City of St. Joseph is a
party, or other violation of the Code of Ordinances of the City of St. Joseph;
b) who has 3 or more violations of the building code, St. Joseph Ordinances, or of a
developer's agreement with the City of St. Joseph within one year of the
application for the building permit; or
c) has not met the general requirements for City approvals under Section 104.06 of
the St. Joseph Code of Ordinances.
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CHAPTER V—BUILDING, LAND USE & REGULATIONS
Permits shall be withheld until all violations are remedied.
Section 501.09: CONSTRUCTION TIMES. Construction activities which result in
noise audible on property other than that on which the activities are occurring shall be prohibited
between the hours of 9:00 p.m. and 7:00 a.m.
Section 501.10: PENALTIES/ENFORCEMENT. Any person who violates any of the
provisions of this ordinance is guilty of a misdemeanor. The City Building Inspector shall be the
enforcement officer of this ordinance.
Updated 6/2003—Section 501.04
Amended 1/2007—Sections 501.06-501.10
Updated 11/2013
501-4
ORDINANCE 502 – ZONING ORDINANCE
Section 502.01: TITLE AND CONTENTS
Subd. 1: Purpose. This Ordinance establishes regulations for the creation of zones for
the purpose of management of land use and for requiring permits for uses therein. This
Ordinance defines certain rules and defines terms used; outlines administrative procedures, and
makes provision for violation of this Ordinance. This Ordinance identifies districts and allowable
uses; provides for accessory and conditional uses; lot, yard, area and height requirements. It
replaces existing Ordinances or parts of Ordinances inconsistent herewith.
This ordinance shall be known as "THE ZONING ORDINANCE OF THE CITY OF ST.
JOSEPH, STEARNS COUNTY, STATE OF MINNESOTA," and will be referred to therein as
"this Ordinance."
Subd. 2: Contents.
TITLE AND CONTENTS ................................................................. Sect. 502.01
PURPOSE & INTENT ...................................................................... Sect. 502.02
JURISDICTION, APPLICATION, INTERPRETATION AND
SEPARABILITY................................................................................ Sect. 502.03
RULES AND DEFINITIONS............................................................. Sect. 502.04
ENFORCEMENT, VIOLATIONS AND PENALTIES....................... Sect. 502.05
VARIANCE AND APPEALS ............................................................ Sect. 502.06
CONDITIONAL USES, INTERIM USES, AMENDMENTS AND
REZONING ...................................................................................... Sect. 502.07
NON-CONFORMANCE .................................................................... Sect. 502.08
PUD – PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT Sect. 502.09
OFF-STREET PARKING .................................................................. Sect. 502.10
SIGNS ................................................................................................ Sect. 502.11
GENERAL PERFORMANCE STANDARDS.................................... Sect. 502.12
ACCESSORY BUILDINGS ........................................................... Sect. 502.12.1
SCREENING & LANDSCAPING .................................................. Sect. 502.12.3
BUILDING AND LOT RESTRICTIONS........................................ Sect. 502.12.6
HEIGHT AND YARD EXCEPTIONS ............................................ Sect. 502.12.7
INDEPENDENT SEWAGE TREATMENT
SYSTEMS ....................................................................................... Sect. 502.12.8
LIGHTING...................................................................................... Sect. 502.12.9
POLLUTION ................................................................................ Sect. 502.12.10
DWELLING UNIT RESTRICTIONS ........................................... Sect. 502.12.10
OUTDOOR STORAGE AND REFUSE ........................................ Sect. 502.12.10
MOVING OF BUILDINGS................................................................ Sect. 502.13
MANUFACTURED HOME PARKS ................................................. Sect. 502.14
ADULT ENTERTAINMENT ESTABLISHMENTS .......................... Sect. 502.15
502.01-1
ORDINANCE 502 – ZONING ORDINANCE
HOME OCCUPATIONS .................................................................... Sect. 502.16
MINING/EXTRACTIVE USES ......................................................... Sect. 502.17
SURFACE (STORM) WATER MANAGEMENT ............................. Sect. 502.18
LAND, WOODLAND AND WETLAND
PRESERVATION .............................................................................. Sect. 502.19
SHORELAND OVERLAY DISTRICT .............................................. Sect. 502.20
TRANSPORTATION CORRIDOR OVERLAY DISTRICT SITE
AND DESIGN STANDARDS ........................................................... Sect. 502.21
OUTDOOR DINING/SMOKING AREAS AND SIDEWALK
CAFES .............................................................................................. Sect. 502.22
RESERVED ...................................................................................... Sect. 502.23
RESERVED ....................................................................................... Sect. 502.24
ZONING DISTRICT BOUNDARIES AND GENERAL
PROVISIONS .................................................................................... Sect. 502.25
AGRICULTURAL DISTRICT ........................................................... Sect. 502.26
RESERVED ....................................................................................... Sect. 502.27
RESERVED ....................................................................................... Sect. 502.28
RESERVED ....................................................................................... Sect. 502.29
R-1: SINGLE FAMILY RESIDENTIAL DISTRICT.......................... Sect. 502.30
RESERVED ....................................................................................... Sect. 502.31
RESERVED ....................................................................................... Sect. 502.32
RESERVED ....................................................................................... Sect. 502.33
R-2: TWO FAMILY RESIDENTIAL DISTRICT .............................. Sect. 502.34
RESERVED ....................................................................................... Sect. 502.35
RESERVED ....................................................................................... Sect. 502.36
RESERVED ....................................................................................... Sect. 502.37
R-3: MULTIPLE FAMILY RESIDENTIAL DISTRICT .................... Sect. 502.38
RESERVED ....................................................................................... Sect. 502.39
RESERVED ....................................................................................... Sect. 502.40
RESERVED ....................................................................................... Sect. 502.41
R-4: TOWNHOUSE/PATIO HOME RESIDENTIAL DISTRICT ...... Sect. 502.42
RESERVED ....................................................................................... Sect. 502.43
RESERVED ....................................................................................... Sect. 502.44
RESERVED ....................................................................................... Sect. 502.45
R-5: SUPPORTIVE CARE DISTRICT .............................................. Sect. 502.46
RESERVED ....................................................................................... Sect. 502.47
RESERVED ....................................................................................... Sect. 502.48
RESERVED ....................................................................................... Sect. 502.49
B-1: CENTRAL BUSINESS DISTRICT ............................................ Sect. 502.50
RESERVED ....................................................................................... Sect. 502.51
RESERVED ....................................................................................... Sect. 502.52
RESERVED ....................................................................................... Sect. 502.53
B-2: HIGHWAY 75 BUSINESS DISTRICT ...................................... Sect. 502.54
RESERVED ....................................................................................... Sect. 502.55
RESERVED ....................................................................................... Sect. 502.56
RESERVED ....................................................................................... Sect. 502.57
B-3: GENERAL BUSINESS DISTRICT ............................................ Sect. 502.58
502.01-2
ORDINANCE 502 – ZONING ORDINANCE
RESERVED ....................................................................................... Sect. 502.59
RESERVED ....................................................................................... Sect. 502.60
RESERVED ....................................................................................... Sect. 502.61
L-1: LIGHT INDUSTRIAL DISTRICT.............................................. Sect. 502.62
RESERVED ....................................................................................... Sect. 502.63
RESERVED ....................................................................................... Sect. 502.64
RESERVED ....................................................................................... Sect. 502.65
EE DISTRICT .................................................................................... Sect. 502.66
RESERVED ....................................................................................... Sect. 502.67
RESERVED ....................................................................................... Sect. 502.68
RESERVED ....................................................................................... Sect. 502.69
PUBLIC DISTRICT ........................................................................... Sect. 502.70
RESERVED ....................................................................................... Sect. 502.71
RESERVED ....................................................................................... Sect. 502.72
OPT OUT MNSTATUTES, SECTION 462.3593 ............................... Sect. 502.73
502.01-3
ORDINANCE 502 – ZONING ORDINANCE
Section 502.02: PURPOSE AND INTENT
This Ordinance is enacted for the following purposes:
Subd. 1: To promote and protect the general public health, safety, morals, comfort and
general welfare of the inhabitants of the City of St. Joseph, Minnesota.
Subd. 2: To provide adequate light, air, privacy and safety of transportation and access to
property.
Subd. 3: To prevent the overcrowding of land and undue concentration of population.
Subd. 4: To promote the proper use of land and structures to determine the proper
spacing of buildings.
Subd. 5: To divide the City into zones or districts as to the use, location, construction,
reconstruction, alteration and use of land and structures for residents, business and industrial
purposes.
Subd. 6: To promote the character and preserve and enhance the stability of properties
and areas within the City.
Subd. 7: To fix reasonable standards to which buildings, structures and land shall
conform for the benefit of all.
Subd. 8: To prohibit the use of buildings, structures and lands that are incompatible with
the intended use or development of lands within the specified zones.
Subd. 9: To limit congestion in the public streets and protect the public health and
welfare by providing for the off-street parking of vehicles and vehicle loading areas.
Subd. 10: To protect against fire, explosion, noxious fumes, pollution of the environment
and other hazards in the interest of the public health, comfort and general welfare.
Subd. 11: To define and limit the powers and duties of the administrative officers and
bodies provided for herein.
Subd. 12: To promote and preserve open areas, corridors and wetlands.
502.02-1
ORDINANCE 502 – ZONING ORDINANCE
Section 502.03: JURISDICTION, APPLICATION, INTERPRETATION AND
SEPARABILITY
Subd. 1: Jurisdiction. The jurisdiction of this Ordinance shall apply within the Corporate
limits of the City and the unincorporated area within two (2) miles of its limits; provided that
where a municipality lies less than four (4) miles from the limits of St. Joseph, these regulations
shall apply only to a line equally distant from St. Joseph and said municipality; and provided
further, that the governing body of unincorporated areas adjacent to the City have not adopted
ordinances for the regulation of zoning.
Subd. 2: Application and Interpretation. In their application and interpretation, the
provisions of this Ordinance shall be held to be the minimum requirements for the promotion of
the public health, safety and welfare.
a) Where the conditions imposed by any provision of this Ordinance are either more
or less restrictive than comparable conditions imposed by any law, ordinance,
Minnesota statute, resolution, or regulation of any kind, the regulations which are
more restrictive or which impose higher standards or requirements shall prevail.
b) No structure shall be erected, converted, enlarged, reconstructed or altered
without first obtaining a building permit, and no structure or land shall be used for
any purpose nor in any manner which is not in conformity with the provisions of
this Ordinance.
c) Except as herein provided no building, structure or premises shall hereafter be
used or occupied and no building permit shall be granted that does not conform to
the requirements of this Ordinance.
d) This Ordinance is not intended to abrogate any easement, covenant, or any other
private agreement provided that where the regulations of this Ordinance are more
restrictive or impose higher standards or requirements than such easements,
covenants, or other private agreements, the requirements of this Ordinance shall
govern.
e) No structure shall be moved onto any property without first obtaining a building
permit from the Building Official.
Subd. 3: Separability. If any court of competent jurisdiction shall judge any provision of
this Ordinance to be invalid, such judgment shall not affect any other provisions of this
Ordinance not specifically included in said judgment. If any court of competent jurisdiction
shall judge invalid the application of any provision of this Ordinance to a particular property,
building or other structure, such judgment shall not affect the application of said provision to any
other property, building or structure not specifically included in said judgment.
502.03-1
ORDINANCE 502 – ZONING ORDINANCE
Section 502.04: RULES AND DEFINITIONS
For purposes of this Ordinance words used in the singular number include the plural, and
the plural the singular. The present tense includes the past and future tenses and the future the
present; the word "shall" is mandatory, the word "may" is permissive; all measured distances
shall be to the nearest integral foot; whenever a word or term defined hereinafter appears in the
text of this Ordinance its meaning shall be construed as set forth in such definition thereof.
For the purpose of this Ordinance, certain words and terms are herein defined as follows:
Subd. 1: Accessory Apartment. A separate dwelling unit contained within an existing
single- family structure, to be occupied by another individual(s) as a separate, complete
housekeeping unit with the existence of separate cooking facilities.
Subd. 2: Accessory Building. A subordinate building or structure on the same lot or
attached to the main building, occupied by or devoted exclusively to an accessory use.
Subd. 3: Accessory Use. A use naturally and normally incidental to, subordinate to, and
auxiliary to the principal permitted use of the premises.
Subd. 4: Adult Entertainment Establishment. A commercial operation or establishment
which provides adult sexual entertainment, specifically including but not necessarily limited to
an adult arcade, adult bookstore, adult cabaret, adult motion picture theater, adult theater, or a
sexual encounter establishment as those terms are specifically defined in this Ordinance.
Subd. 5: Alley. A public right-of-way usually twenty feet or less in width which
normally affords a secondary means of vehicular access to abutting property.
Subd. 6: Apartment. A room or suite of rooms located in one or two-family structure or
a multiple dwelling, which shall include a bath and kitchen accommodations intended or
designed for use as an independent residence by a single family or individual.
Subd. 7: Apartment Building. A multiple family dwelling originally designed and
constructed to accommodate three or more apartments, designed with more than one dwelling
unit connecting to a common corridor or entrance way, in contrast to single or two-family
dwellings converted for multiple family use or attached row dwelling (party wall type) as defined
herein.
Subd. 8: Assisted Living. A facility that provides daily assistance and long-term
residence for disabled or elderly individuals. This includes a combination of housing, supportive
services, personalized assistance and health care designed to respond to the individual needs of
those who need help with activities of daily living, such as dressing, grooming, bathing, etc.
502.04-1
ORDINANCE 502 – ZONING ORDINANCE
Subd. 9: Automobile Wrecking or Junkyard. A place maintained for keeping, storing or
piling in commercial quantities, whether temporarily, irregularly, or continually; buying or
selling at retail or wholesale any old, used or second-hand material of any kind, including used
motor vehicles, machinery, and/or parts thereof, cloth, rugs, clothing, paper, rubbish, bottles,
rubber, iron or other metals or articles which from its worn condition render it practically useless
for the purpose for which it was made and which is commonly classed as junk. This shall
include a lot or yard for the keeping of unlicensed motor vehicles or the remains thereof for the
purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. This shall not
prohibit the keeping of one unlicensed motor vehicle within a garage or other structure in
residential districts or two unlicensed motor vehicles not including farm implements within a
farm in the agricultural district.
Subd. 10: Basement/Cellar. A story having part but not more than one-half its height
above the average level of the adjoining finished grade.
Subd. 11: Billboard. A poster panel board, painted bulletin board or other
communication device \[A sign\] which is used to advertise products, goods and /or services
which are not exclusively related to the premises on which the sign is located.
Subd. 12: Bed and Breakfast. An owner or non-owner occupied single family residence
that provides overnight accommodations to a limited number of visitors for a charge, not to
exceed a stay of seven consecutive nights. A Bed and Breakfast in any residential zoning district
must be owner occupied.
Subd. 13: Boarding House or Rooming House. See Lodging House.
Subd. 14: Building. Any structure, either temporary or permanent having a roof, and
used or built for the shelter or enclosure of any person, animal or chattel or property of any kind.
When separated by bearing walls without openings, each portion so separated shall be considered
a separate building.
Subd. 15: Buildable Area. That part of the lot remaining after required yards have been
provided.
Subd. 16: Building Principal. A building or structure in which is conducted the main or
principal use of the lot on which said building or structure is situated.
Subd. 17: Building Height. The vertical distance measured from the average ground
level adjoining the building to the highest point on the roof surface if a flat roof, to the deck line
of mansard roofs, and to the mean height level between eaves and ridge of gable, hip and
gambrel roofs.
Subd. 18: Building Setback Line. The front line of the building or the legally established
line which determines the location of the building with respect to the right-of-way line.
Subd. 19: Bonus Room. A single room in a house that is created due to open space from
constructing a garage, which can be used as a multi-purpose area, such as a family room, sewing
502.04-2
ORDINANCE 502 – ZONING ORDINANCE
or hobby room, game room, theater room, office, or den. A bonus room is not a separate
dwelling unit or accessory apartment and cannot include kitchen facilities.
Subd. 20: Carport. A structure having a roof supported by columns but not otherwise
enclosed and which is permanently attached to a dwelling.
Subd. 21: Church. A building, together with its accessory buildings and uses, where
persons regularly assemble for religious worship and which buildings and uses are maintained
and controlled by a religious body organized to sustain regular public worship.
Subd. 22: Clear-cutting. The removal of an entire stand of vegetation.
Subd. 23: Comprehensive Plan. When referred to in this Code shall mean, The
Comprehensive Plan of the City of St. Joseph.
Subd. 24: Conditional Use Permit. A permit specially and individually issued by the City
Council in accordance with procedures specified in this Code and following review and
recommendation by the Planning Commission, as a flexibility device to enable the City Council
to assign dimensions to a proposed use or conditions surrounding it after consideration of
adjacent uses and their functions and the special problems which the proposed use presents.
Subd. 25: Conditional Use. A use, which because of unique characteristics, cannot be
classified as a permitted use in a particular district. After due consideration, in each case, of the
impact of such upon neighboring land and of the public desirability for the particular use at the
particular locations, a conditional use permit may be granted.
Subd. 26: Day Care Home, Group: Any residence or portion of a residence licensed by
the Department of Human Services under chapter 9502 for no more than 14 children at any one
time, and must meet Group R, Division 3 occupancy requirements.
Subd. 27: Day Care Group Facility: A public or private facility, which for gain or
otherwise regularly provides persons with care, training, supervision, habilitation, rehabilitation
or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a
place other than the person’s own home for persons of school age or older.
Subd. 28: Day Care- Home. A residence or portion of a residence licensed by the
Department of Human Services under chapter 9502 for no more than ten children at one time of
which no more than six are under school age, and must meet Group R, Division 3 occupancy
requirements.
Subd. 29: District. A section of the City of St. Joseph for which the regulations
governing the use of buildings and premises, the height of buildings, the size of yards, the
intensity of use are uniform.
Subd. 30: Duplex, triplex and quad. A dwelling structure on a single lot having two,
three and four units, respectively, being attached by common walls and each unit equipped with
separate sleeping, cooking, eating, living and sanitation facilities.
502.04-3
ORDINANCE 502 – ZONING ORDINANCE
Subd. 31: Dwelling. A building or portion thereof, designed exclusively for a residential
occupancy, including one family, two family and multiple family dwellings but not including
hotels, motels and boarding house.
Subd. 32: Dwelling, Attached. A dwelling unit which is joined to another unit or
building at one or more sides by a party wall or walls.
Subd. 33: Dwelling, Detached. A dwelling unit which is entirely surrounded by open
space on the same lot.
Subd. 34: Dwelling - Multiple. A building used or intended to be used as a dwelling by
three or more families, where each dwelling unit is divided by wall extending the full height of
the ceiling. Each unit is capable of individual use and maintenance without trespassing upon
adjoining properties, and utilities and service facilities are independently serviceable.
Subd. 35: Dwelling - Single Family. A dwelling occupied by only one family and so
designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities
for one family only.
Subd. 36: Dwelling - Two Family. A dwelling so designed and arranged to provide
cooking and kitchen accommodations and sanitary facilities for occupancy by two families.
Subd. 37: Dwelling Unit. A residential accommodation including complete kitchen and
bathroom facilities, which is arranged, designed, used or intended for use exclusively as living
quarters for one family.
Subd. 38: Easement. A temporary or permanent grant by a property owner for the use of
a strip or area of land for purposes including but not limited to the constructing and maintaining
of utilities, sanitary sewer, water mains, electric lines, telephone lines, storm sewer or storm
water drainageway, and gas lines.
Subd. 39: Family.
a) A family is any number of persons living together in a room or rooms comprised
of a single housekeeping unit and related by blood, marriage, adoption, or any
unrelated person who resides therein as though a member of the family. Any
group of three persons not so related but inhabiting a single house shall, for the
purposes of this Ordinance, be considered to constitute one family.
b) With respect to any property validly licensed as a rental unit pursuant to Section
505.11 of the St. Joseph Code of Ordinances, as of October 15, 1990, the
definition of "family" which existed prior to October 15, 1990, shall continue to
apply. This prior definition had defined "family" as up to five unrelated persons.
The application of this prior definition to existing rental units shall be construed
as a non-conforming use as limited by Section 502.08 of the St. Joseph Code of
502.04-4
ORDINANCE 502 – ZONING ORDINANCE
Ordinances and shall be transferable. A lapse or revocation of the rental license
for any such property shall be considered as a discontinuance of a non-
conforming use and the property will thereinafter be required to conform to the
definition of "family" as set forth in paragraph (a) above.
Subd. 40: Farm. An area which is used for the growing of the usual farm products, such
as vegetables, fruit, trees, and grain and their storage.
Subd. 41: Farmers Market. An area where primarily agriculture products such as meat,
raw vegetables, fruits, syrups, herbs, flowers, plants, nuts or handcrafted items are sold by local
and regional producers. Non-agriculture products may be sold but the area dedicated to such
products shall not occupy more than twenty-five (25) percent of the total sales area.
Subd. 42: Fence: Any partition, structure, wall or gate (including the use living material
such as trees or shrubs) erected as a dividing mark, barrier or enclosure.
Subd. 43: Flood. A temporary rise in stream flow or stage that results in inundation of
the area adjacent to the channel.
Subd. 44: Floodplain. The channel or beds proper and areas adjoining a watercourse
which have been or hereafter may be covered by a regional flood. Floodplain areas within the
City shall encompass all areas designated as such on the Federal Emergency Management
Agency’s Special Flood Hazard Boundary Map.
Subd. 45: Floodway. The channel of a watercourse, bed of a wetland or lake, and those
portions of the adjoining floodplains reasonably required to carry and discharge a regional flood.
Subd. 46: Floor Area Ratio. The numerical value obtained through dividing the gross
floor area of a building or buildings by the total area of the lot or parcel of land on which such
building or buildings are located.
Subd. 47: Frontage. All the property on one side of a street between two intersecting
streets (crossing or terminating) measured along the line of the street, or if the street is dead
ended, then all the property abutting on one side between an intersecting street and the dead end
of the street.
Subd. 48: Garage, Private. An accessory building designed or used for the storage of not
more than three power-driven vehicles owned and used by the occupants of the building to which
it is accessory.
Subd. 49: Garage, Public. Any premises, except those described as a private garage,
used for the storage or care of power driven vehicles or where any such vehicles are equipped for
operation, repaired or kept for remuneration, hire or sale.
Subd. 50: Gasoline Service Station. A building or structure designed or used for the
retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor
vehicles, and including the customary space and facilities for the installation of such
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commodities on or in such vehicles, but not including special facilities for the painting, major
repair or similar servicing thereof.
Subd. 51: Grade, Street. The elevation of the established street in front of the building
measured at the center of such front. Where no such street grade has been established, the City
Engineer shall establish such street grade or its equivalent for the purpose of this Ordinance.
Subd. 52: Home Occupation. Any occupation or profession engaged in by the occupant
of a residential dwelling unit, which is clearly incidental and secondary to the residential use of
the premises and does not change the character of said premises, in accordance with regulations
specified within this Ordinance.
Subd. 53: Hotel. Any building or portion thereof containing six or more guest rooms
intended or designed to be used, or which are used, rented, hired out to be occupied, or which are
occupied for sleeping purposes by guests for a period of less than 30 continuous days.
Subd. 54: Hydric Soils. Soils that are saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper part.
Subd. 55: Hydrophytic Vegetation. Macrophytic plant life growing in water, soil or on
substrata that is at least periodically deficient in oxygen as a result of excessive water content.
Subd. 56: Impervious Surface. An artificial or natural surface through which water, air
or roots cannot penetrate, including but not limited to buildings, parking spaces, driveways,
sidewalks, patios, decks, porches, pools and sports courts.
Subd. 57: Independent Living Facility. A residential complex containing dwellings where
the occupancy is limited to persons who are fifty-five (55) years of age or older; or, if two (2)
persons occupy a unit, at least one (1) must be fifty-five (55) years or older. Such facilities may
include common areas for meals and socializing, offer minimal convenience services, but
exclude institutional care such as medical or nursing care.
Subd. 58: Institution. A building occupied by a non-profit corporation or a non-profit
establishment for public use.
Subd. 59: Intensive vegetation clearing. The complete removal of trees or shrubs in a
contiguous patch, strip, row or block.
Subd. 60: Interim Use. A use which requires an interim use permit. Interim Use Permits
are granted by the City Council for a specific period of time in accordance with procedures
specified in this Ordinance.
Subd. 61: Kennel. Any place where three or more dogs over six months of age are
boarded, bred and/or offered for sale, except a veterinary clinic. Dog kennels shall be permitted
only in areas specifically zoned for such use.
Subd. 62: Land Disturbing or Development Activities. Any change of the land surface
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including removing vegetative cover, excavating filling, grading and the construction of any
structure.
Subd. 63: Lodge. A building operated by a fraternal or veteran organization that is
qualified as tax exempt under the Internal Revenue Code, operated for the use of members and
guests while in the company of a member.
Subd. 64: Lodging House Dormitories, Fraternities and Sorority Houses. A building or
place where lodging is provided (or which is equipped regularly to provide lodging) by
prearrangement for definite periods, for compensation, for three or more individuals, not open to
transient guests, in contradistinction to hotels open to transients. Lodging houses, dormitories,
fraternities, sorority houses, boarding houses and rooming houses shall only be permitted in R-3,
multiple dwelling districts, except within the boundaries of a college campus.
Subd. 65: Lot. A parcel of land occupied or intended for occupancy by a use permitted
in this Ordinance, including one main building together with its accessory buildings, the open
spaces and parking spaces required by this Ordinance, and having its principal frontage upon a
street or upon an officially approved place.
Subd. 66: Lot Area. The square footage contained within a particular parcel of real
property.
Subd. 67: Lot, Buildable. A buildable lot is that square footage required by this zoning
Ordinance for a particular zone.
Subd. 68: Lot, Corner. A lot situated at the intersection of two streets, the interior angle
of such intersection not exceeding 135 degrees.
Subd. 69: Lot, Coverage. The part or percentage of the lot occupied by buildings or
structures, including accessory building structures.
Subd. 70: Lot Depth. The mean horizontal distance between the front and rear lot lines.
Subd. 71: Lot, Double Frontage. A lot having a frontage on two non-intersecting streets,
as distinguished from a corner lot.
Subd. 72: Lot Frontage. The front of a lot shall be for purposes of complying with this
Ordinance, that boundary abutting a public right-of-way having the least width.
Subd. 73: Lot Line. A property line of any lot held in single or separate ownership;
except that where any portion of the lot extends into the abutting street or alley, the lot line shall
be deemed to be the street or alley right-of-way.
Subd. 74: Lot of Record. A lot which was part of a subdivision, the map of which has
been recorded in the office of the Stearns County Recorder or a lot described by metes and
bounds, the deed to which has been recorded in the Office of the Stearns County Recorder prior
to the effective date of this Ordinance.
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Subd. 75: Lot Width. The horizontal distance between the side lot lines measured at
right angles to the lot and depth at the established front building line.
Subd. 76: Manufacturing. Combining machinery, tools, power and labor to bring
material closer to a final state.
Subd. 77: Manufacturing - Heavy. The manufacture, compounding, processing,
packaging, treatment or assembly of products and materials that may emit objectionable,
hazardous and/or offensive influences; including but not limited to: odors, material/byproduct
discharges, dust, glare, ash, smoke, vibration and noise beyond the lot on which the use is
located.
Subd. 78: Manufacturing – Light. Uses which include the manufacture, compounding,
processing, packaging, treatment or assembly of products and materials provided such use will
not generate objectionable and/or offensive influences; including but not limited to: odors,
material/byproduct discharges, dust, glare, ash, smoke, vibration and noise beyond the lot on
which the use is located.
Subd. 79: Manufactured Home. A structure, transportable in one or more sections,
which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or
more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and
which is built on a permanent foundation when connected to the required utilities, and includes
the plumbing, heating, air conditioning and electrical systems contained therein; except that the
terms includes any structure which meets all the requirements with respect to which the
manufacturer voluntarily files a certification required by the City Administrator/Clerk and
complies with the standards established under this Ordinance and which meets the Manufactured
Home Builders Code as defined in Minnesota Statutes ' 327.32, Subd. 3.
Subd. 80: Manufactured Home Park. Any site, lot, field or tract of land upon which two
or more occupied manufactured homes are located, either free of charge or for compensation,
and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of
the equipment of the manufactured home park.
Subd. 81: Medical and Dental Clinic. A structure intended for providing medical and
dental examinations and service available to the public. This service is provided without
overnight care available.
Subd. 82: Modular Home. A non-manufactured housing unit that is basically fabricated
at a central factory and transported to a building site where final installations are made
permanently affixing the module to the site.
Subd. 83: Motel. See Hotel.
Subd. 84: Motor Vehicle Wrecking, Junkyard, or Recycling Centers. A place
maintained for keeping, storing or piling in commercial quantities, whether temporarily,
irregularly, or continually; buying or selling at retail or wholesale any old, used or second-hand
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material of any kind, including used motor vehicles, machinery, and/or parts thereof, cloth, rugs,
clothing, paper, rubbish, bottles, rubber, iron or other metals or articles which from its worn
condition render it practically useless for the purpose for which it was made and which is
commonly classed as junk. This shall include a lot or yard for the keeping of unlicensed motor
vehicles or the remains thereof for the purpose of dismantling, sale of parts, sale as scrap, storage
or abandonment. This shall not prohibit the keeping of one unlicensed motor vehicle within a
garage or other structure in residential districts or two unlicensed motor vehicles not including
farm implements within a farm in the agricultural.
Subd. 85: Non-Conforming Lot. A lot which does not comply with the minimum lot
area or frontage requirements of the district in which it is located.
Subd. 86: Non-Conforming Use of Land. Any use of a lot which does not conform to
the applicable use regulations of the district in which it is located.
Subd. 87: Non-Conforming Use of Structure. A use of a structure which does not
conform to the applicable use regulations of the district in which it is located.
Subd. 88: Nursing Home. A licensed home to provide care for the aged or infirmed
persons requiring or receiving nursing care, which includes care or treatment requiring technical
knowledge. The term nursing home also includes convalescent home.
Subd. 89: Office Building. A building designed or used primarily for office purposes, no
part of which is used for manufacturing or for dwelling.
Subd. 90: Ordinary High Water Level. The elevation of the boundary of public waters,
watercourses and wetlands delineating the highest water level which has been maintained for a
sufficient period of time to leave evidence upon the landscape, commonly that point where the
natural vegetation changes from predominantly aquatic to predominately terrestrial. For
watercourses, the ordinary high water level is the elevation of the top of the bank of the channel.
Subd. 91: Parking Lot. Three or more parking spaces, along with the driveway
connecting the parking spaces to the street or alley and permitting satisfactory ingress and egress
of an automobile and the driving lane between or servicing the parking spaces.
Subd. 92: Parking Space. A durably surfaced area enclosed in the main building, in an
accessory building or unenclosed, comprising an area of not less than 171 square feet, exclusive
of a durably surfaced drive-way connecting the parking space with a street or alley and
permitting satisfactory ingress and egress of an automobile.
Subd. 93: Patio Home. A single family attached or detached unit and structure
consisting of a one level living area with the ability to have a bonus room above the garage.
Subd. 94: Permitted Use. A use which may be lawfully established in a particular
district or districts, provided it conforms with all requirements and performance standards (if
any) of such district.
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 95: Person. Any individual, corporation, firm, partnership, association,
organization or other group acting as a unit. It also includes any executor, administrator, trustee,
receiver or other representative appointed by law. Whenever the word "person" is used in any
section prescribing a penalty or fine, it shall include partners, associates, or members of a
corporation, who are responsible for the violation.
Subd. 96: Planned Unit Development. A large lot or tract of land developed as a unit
rather than as individual development where in two or more buildings may be located in
relationship to each other rather than to lot lines or zoning district boundaries.
Subd. 97: Principal Use. The main use of land or buildings as distinguished from
subordinate or accessory uses.
Subd. 98: Property Owner. Any person, group of persons, association, corporation, or
any other legal entity having a freehold estate interest, leasehold interest extending for a term, or
having renewal options for a term in excess of one year, a dominant easement interest, or an
option to purchase any of the same, but not including owners of interest held for security
purposes only.
Subd. 99: Public Waters. Any waters as defined in Minnesota Statutes, Section 105.37,
subdivisions 14 and 15.
Subd. 100: Recreational Vehicle. A vehicular or portable structure used for amusement,
vacation or recreational activities, including but not limited to travel trailers, motor homes,
camping trailers, boats, jet skis, ATV’s and snowmobiles.
Subd. 101: Rooming House. Rooming House or similar establishment means any
building or portion thereof containing not more than five guests rooms intended or designed to
be used, or which are used, rented, hired out to be occupied, or which are occupied for sleeping
purposes by guests for a period of less than 30 continuous days
Subd. 102: Screening. The use of plant materials, fences or earthen berms to partially
conceal the separate land use from the surrounding land use.
Subd. 103: Semipublic use. The use of land by a private, nonprofit organization to
provide a public service that is ordinarily open to some person outside the regular constituency
of the organization.
Subd. 104: Setback Line. The mean horizontal distance between the front street,
right-of-way line and the front line of the building or the allowable building line as defined by
the front yard regulations of this Ordinance.
Subd. 105: Shore impact zone. Land located between the ordinary high water level of a
public water and a line parallel to it at a setback of 50 percent of the structure setback.
Subd. 106: Shoreland. Land located within the following distances from public waters:
1,000 feet from the ordinary high water level of a lake, pond or flowage; and 300 feet from a
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ORDINANCE 502 – ZONING ORDINANCE
river or stream, or the landward extent of a floodplain designated by ordinance on a river or
stream whichever is greater. The shoreland limits may be reduced whenever the waters involved
are bounded by topographic divides which extend landward from the waters for lesser distances
and when approved by the Commissioner.
Subd. 107: Sign. A name, identification, description, display, illustration or device
which is affixed to or represented directly or indirectly upon a building, structure or land in view
of the general public and which directs attention to a product, place, activity, person, institution
or business.
Subd. 108: Stable. A building accommodating one or more horses.
Subd. 109: Story. That portion of a building other than a basement/cellar, including
between the surface of any floor and the surface of the floor next above it or if there be no floor
above it, then the space between the floor and a ceiling next above it.
Subd. 110: Story - Half. A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three feet above the top floor level and in which
space not more than 60% of the floor area is finished off for use. A half-story may be used for
occupancy only in conjunction with and by occupancy of the floor immediately below.
Subd. 111: Street. All property dedicated or intended for public street, highway, freeway
or road-way purposes and subject to public easements therefore.
Subd. 112: Street – Frontage. The proximity of a parcel of land to one or more streets.
An interior lot has one street frontage and a corner lot has two street frontages. For purposes of
addressing a building, the front shall be the street side in which the structure’s front door faces.
For setback regulations, both streets shall be considered frontages.
Subd. 113: Structure. Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a permanent location on the
ground, including but without limiting the generality of the foregoing advertising signs,
billboards, backstops for tennis courts and pergolas.
Subd. 114: Structural Alterations. Any change in the supporting members of a building
such as bearing walls or partitions, columns, beams or girders or any substantial change in the
roof or exterior walls.
Subd. 115: Townhouse and Condominium. Single family attached units and structures
housing three or more dwelling units contiguous to each other only by the share of one common
wall between each unit.
Subd. 116: Use. The purpose for which land or buildings thereon are designed, arranged
or intended to be occupied or used, or for which they are occupied or maintained.
Subd. 117: Use – Accessory. The use incidental or accessory to the principal use of the
lot or a building located on the same lot with a building but detached therefrom.
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Subd. 118: Vacation. The act of relinquishing a recorded dedication or easement as in a
street right-of-way, utility easement, etc.
Subd. 119: Variance. The waiving of specific literal provisions of the zoning ordinance
in instances where their strict enforcement would cause practical difficulties because of
circumstances unique to the individual property under consideration. A change in the allowable
use within a district shall not be considered a variance.
Subd. 120: Waterbody. A body of water (lake, pond) in a depression of land or
expanded part of a river or an enclosed basin that holds water and is surrounded by land.
Subd. 121: Watercourse. A channel or depression through which water flows, such as
rivers, streams or creeks and may flow year around or intermittently.
Subd. 122: Watershed. The area drained by the natural and artificial drainage system,
bounded peripherally by a bridge or stretch of high land dividing drainage areas.
Subd. 123: Wetlands. The City adopts the definition of a Wetlands as contained in
Minn. Stat. ' 103G.005, Subd. 19. Designations of the Stearns County Environmental Services
office of wetlands shall be presumed as accurate when determining the location of wetlands.
Subd. 124: Yard. An open space on the same lot with a building, unoccupied and
unobstructed by any portion of a structure from the ground upward, except as otherwise provided
herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of
a front yard or the depth of a rear yard, the mean and horizontal distance between the lot line and
the main building shall be used.
Subd. 125: Yard, Front. A yard extending across the front of the lot between the side lot
lines and lying between the front line of a lot and the nearest line of the building.
Subd. 126: Yard, Rear. A yard extending across the full width of a lot and lying between
the rear line of a lot and the nearest line of the building.
Subd. 127: Yard, Side. A yard between the side line of the lot and the nearest line of the
building and extending from the front line of a lot to the rear yard.
Subd. 128: Zoning District. An area or areas within the limits of the City for which the
regulations and requirements governing use, lot and bulk of buildings and premises are uniform.
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ORDINANCE 502 – ZONING ORDINANCE
Section 502.05: ENFORCEMENT/VIOLATIONS AND PENALTIES
Subd. 1: Enforcement. This Ordinance shall be administered by the Zoning
Administrator. The Community Development Director and/or his/her assigned shall be the
Zoning Administrator. The Zoning Administrator shall require that the application for a building
permit and the accompanying site plan contains all of the information necessary to ascertain
whether the proposed building complies with the provisions of this Ordinance. No building
permit shall be issued until the Zoning Administrator and/or his/her assigned has certified that
the proposed building or alteration complies with all provisions of this Ordinance.
Subd. 2: Violations and Penalties. Any person who shall violate any of the provisions
hereof or who shall fail to comply with any of the provisions hereto or who shall make any false
statement in any document required to be submitted under the provisions hereof, shall be guilty
of a misdemeanor, and each day that a violation is permitted to exist shall constitute a separate
offense.
Subd. 3: Civil Action. In the event of a violation or threatened violation of this
Ordinance, the City Council may direct the City Administrator and/or his/her assigned and City
Attorney to institute appropriate action or proceeding to prevent, restrain, correct or abate such
violations or threatened violations, and it shall be the duty of the City Attorney to institute such
legal action.
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ORDINANCE 502 – ZONING ORDINANCE
Section 502.06: VARIANCES AND APPEALS
Subd. 1: Board of Adjustments.
a) Established. The Board of Adjustment is hereby established as the City Council
and vested with such authority as is hereinafter provided, and as provided by
Minnesota Statutes section 462.357, Subdivision 6.
b) Powers. The City Council shall have the following powers:
1. To grant variances, that is, to vary and modify the strict application of any
regulations of any of the regulations or provisions contained in this Title in
cases in which there are practical difficulties in the way of such strict
applications. No variance or modification of the uses permitted within a
district shall be allowed, except as an official amendment of this
Ordinance.
2. To hear and determine appeals as to the exact boundaries of zoning
districts.
3. To interpret this Ordinance.
4. To hear and decide appeals where it is alleged that there is an error in any
order, requirement, decision or determination made by an administrative
official charged with enforcing this Ordinance.
c) Appeal Procedures. An appeal shall only be applicable to an administrative
permit, order, requirement or interpretation on intent of provisions of this
Ordinance. Opinions and evaluations as they pertain to the impact or result of a
request are not subject to the appeal procedure.
1. An appeal from an administrative action shall be filed by the property
owner or their agent with the Zoning Administrator within ten (10) days
after the making of the order, requirement, or interpretation being
appealed.
2. The property owner or their agent shall file with the Zoning Administrator
an application for appeal stating the specific grounds upon which the
appeal is made. Said application shall be accompanied by a fee as
established by the City Council. In cases where the application is judged
incomplete, the Zoning Administrator shall notify the applicant, in writing,
within ten (10) days of the date of submission.
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ORDINANCE 502 – ZONING ORDINANCE
3. An appeal stays all proceedings and furtherance of the action being
appealed unless it is certified to the City Council, after the notice of appeal
is filed, that by reasons stated in the certificate a stay would cause
imminent peril to life and property.
4. The Zoning Administrator shall instruct the appropriate staff persons to
prepare technical reports when appropriate and shall provide general
assistance in preparing a recommendation on the action to the City
Council.
5. The City Council shall consider the application for appeal at a public
meeting after a review and recommendation by the Planning Commission
and consider testimony of the property owner and City staff.
6. Pursuant to Minnesota Statutes 15.99, the City Council shall make a
decision in accordance with the timeline described for variances.
7. The Zoning Administrator shall serve a copy of the final order of the City
Council upon the applicant by mail.
Subd. 2: Variances.
a) Purpose. The variance process is intended to provide limited relief from the strict
requirements of this Ordinance in those cases where strict application of a
particular requirement will create practical difficulties due to circumstances
unique to the individual property under consideration. It is not intended that
variance be granted to allow a use not permitted by the underlying zoning district,
nor to merely remove inconveniences or financial burdens that the requirements
of this Ordinance may impose on property owners in general.
b) Criteria. A variance shall only be permitted if all of the following facts and
conditions exists:
1. The variance is consistent with the adopted St. Joseph Comprehensive
Plan.
2. The variance is in harmony with the general purposes and intent of this
Ordinance.
3. The applicant establishes that there are practical difficulties in complying
with the zoning ordinance. Practical difficulties as used in connection with
the granting of a variance shall mean:
a. The property owner proposes to use the property in a reasonable
manner not permitted by the zoning ordinance.
b. The plight of the landowner is due to the circumstances unique to the
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ORDINANCE 502 – ZONING ORDINANCE
property not created by the landowner
c. The variance, if granted will not alter the essential character of the
locality.
4. Economic considerations alone shall not constitute practical difficulties
under the terms of this Ordinance.
5. Practical difficulties shall include, but are not limited to, inadequate access
to direct sunlight for solar energy systems.
6. Variances shall be granted for earth sheltered construction as defined in
MN Statute 216C.06, Subd. 14 as may be amended, when in harmony with
the zoning ordinance.
7. Additional Conditions: If granting a variance, the City Council may
impose conditions to ensure compliance with this Ordinance and to protect
adjacent properties.
c) Variance Procedure. Application for a variance shall be made to the Zoning
Administrator three (3) weeks prior to the next regularly scheduled Planning
Commission meeting in order to be considered at that meeting, and shall be
accompanied by the required fees as set by the City Council.
1. Information Required. The Zoning Administrator or Planning Commission
may, at their option, require all or part of the following information prior
to the public hearing on a variance request:
a. Description of site (legal description).
b. Site plan drawn at scale showing parcel and building dimensions.
c. Location of all buildings and their square footage.
d. Curb cuts, driveways, access roads, parking spaces, off-street loading
areas and sidewalks.
e. Landscaping and screening plans.
f. Drainage plan.
g. Sanitary sewer and water plans with estimated use per day.
h. Soil type.
i. Any additional data reasonably required by the Zoning Administrator
or Planning Commission.
2. Completeness. The Zoning Administrator will determine whether the
application is complete, if the application is not complete, the Zoning
Administrator will notify the applicant of any deficiencies, and take no
steps to process the application until the deficiencies are remedied. Once
the Zoning Administrator determines that the application is complete, the
application will be scheduled for consideration and for a public hearing.
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ORDINANCE 502 – ZONING ORDINANCE
3. Fees. Every application must be accompanied by the required filing fee as
established and modified, from time to time, by the City Council. The
failure to pay such fee when due is grounds for refusal to process the
application, and for denying or revoking any permit or approval for the
subject property.
4. Withdrawal of Application. An applicant has the right to withdraw an
application at any time prior to the decision on the application by a City
Official, commission or board. Such withdrawal must be in writing and
the fee will not be refundable.
5. Planning Commission Review. The Zoning Administrator shall forward
the request to the Planning Commission who will conduct a public hearing
on the variance request and make a recommendation to the City Council
by adopting Findings of Fact.
6. Public Hearing and Notice Requirements. Written notices for the public
hearing shall be mailed not less than ten (10) days or more than thirty (30)
days to property owners within 350 feet of the affected parcel. Such notice
shall also be published in the official newspaper within the above time
period. Failure of a property owner to receive said notice shall not
invalidate any such proceedings.
4. Voting By City Council. Upon receipt of a recommendation from the
Planning Commission, or within sixty (60) days of receipt of a complete
application, whichever comes first, the City Council shall make its order
deciding the matter by approving a resolution granting or denying the
variance request.
5. Written Findings. The City Council will issue written findings stating the
reasons for its decision and any conditions imposed, and serve a copy of
its decision upon the applicant by mail within ten (10) days after its
decision.
6. Recording. A certified copy of every variance to abstract or registered
property, including the property’s legal description, must be filed with the
Stearns County Recorder or Registrar of Titles
d) Successive Applications. Whenever an application for a variance has been
considered and denied by the City Council, a similar application for a variance
affecting substantially the same property shall not be considered again by the
Planning Commission or City Council for at least one (1) year. The City Council
may permit a new application if, in its opinion, new evidence or a change in
circumstances warrant reconsideration.
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ORDINANCE 502 – ZONING ORDINANCE
e) Lapse of Variance. If within one (l) year after granting a variance the work
permitted is not started such a variance shall become null and void unless a
petition for an extension has been approved by the City Council.
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ORDINANCE 502 – ZONING ORDINANCE
Section 502.07: CONDITIONAL USE PERMITS, INTERIM USES, AMENDMENTS AND
REZONINGS
Subd. 1: Conditional Use Permit.
a) Purpose and Scope. The purpose of this Section is to provide the Planning
Commission and City Council with a reasonable degree of discretion in
determining the suitability of certain designated uses upon the general welfare and
public safety. This is accomplished through a Conditional Use Permit, which may
be granted by the City Council for uses designated within a district as permitted
Conditional Use Permits when such uses are in harmony with both the zoning
district in which it will be located and the objectives of the comprehensive plan.
b) Procedure. Application for a Conditional Use Permit shall be made to the Zoning
Administrator three (3) weeks prior to the next regularly scheduled Planning
Commission meeting in order to be considered at that meeting, and shall be
accompanied by the required fees as set by the City Council.
1. Information Required. The Zoning Administrator or Planning Commission
may, at their option, require all or part of the following information prior
to the public hearing on a Conditional Use Permit request:
A. Description of site (legal description).
B. Site plan drawn at scale showing parcel and building dimensions.
C. Location of all buildings and their square footage.
D. Curb cuts, driveways, access roads, parking spaces, off-street
loading areas and sidewalks.
E. Landscaping and screening plans.
F. Drainage plan.
G. Sanitary sewer and water plans with estimated use per day.
H. Soil type.
I. Any additional data reasonably required by the Zoning
Administrator or Planning Commission.
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ORDINANCE 502 – ZONING ORDINANCE
2. Completeness. The Zoning Administrator will determine whether the
application is complete, if the application is not complete, the Zoning
Administrator will notify the applicant of any deficiencies, and take no
steps to process the application until the deficiencies are remedied. Once
the Zoning Administrator determines that the application is complete, the
application will be scheduled for consideration and for a public hearing.
3. Fees. Every application must be accompanied by the required filing fee as
established and modified, from time to time, by the City Council. The
failure to pay such fee when due is grounds for refusal to process the
application, and for denying or revoking any permit or approval for the
subject property.
4. Withdrawal of Application. An applicant has the right to withdraw an
application at any time prior to the decision on the application by a City
Official, commission or board. Such withdrawal must be in writing and
the fee will not be refundable.
5. Planning Commission Review. The Zoning Administrator shall forward
the request to the Planning Commission who will conduct a public hearing
on the Conditional Use Permit request and make a recommendation to the
City Council by adopting Findings of Fact.
6. Public Hearing and Notice Requirements. Written notices for the public
hearing shall be mailed not less than ten (10) days or more than thirty (30)
days to property owners within 350 feet of the affected parcel. Such notice
shall also be published in the official newspaper within the above time
period. Failure of a property owner to receive said notice shall not
invalidate any such proceedings.
7. Voting By City Council. The City Council shall act upon the report and
recommendation from the Planning Commission within the guidelines as
mandated by State Law. Upon receiving the report and recommendation
from the Planning Commission, the City Council shall have the option of
holding a public hearing if necessary and may impose any conditions
deemed necessary to protect the public health, safety and welfare of the
community. Approval of a Conditional Use Permit shall require passage
by a majority vote of the full City Council
8. Written Findings. The City Council will issue written findings stating the
reasons for its decision and any conditions imposed, and serve a copy of its
decision upon the applicant by mail within ten (10) days after its decision.
9. Recording. A certified copy of every Conditional Use Permit to abstract or
registered property, including the property’s legal description, must be filed
with the Stearns County Recorder or Registrar of Titles
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ORDINANCE 502 – ZONING ORDINANCE
c) Findings. The City Council must make the following findings when granting a
Conditional Use Permit:
1. Will not be detrimental to or endanger the public health, safety, morals,
comfort, convenience or general welfare of the neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of
the comprehensive plan of the City and this Ordinance.
3. Will be designed, constructed, operated and maintained so as to be
harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and will not change the essential character
of that area.
4. Will not be hazardous or disturbing to existing of future neighboring uses.
5. Will be served adequately by essential public facilities and services,
including utilities, streets, police and fire protection, drainage structures,
refuse disposal, water and sewer systems, schools, and other necessary
facilities.
6. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare
of the community.
7. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property,
or the general welfare because of excessive production of traffic, noise,
smoke, fumes, glare or odors.
8. Will have vehicular approaches to the property which are so designed as
not to create traffic congestion or an interference with traffic or
surrounding public thoroughfares.
9. Will have adequate facilities to provide sufficient off-street parking and
loading space to serve the proposed use.
10. Will not result in the destruction, loss or damage of a natural, scenic, or
historic feature of major importance.
11. That soil conditions are adequate to accommodate the proposed use.
d) Denial for Non-Compliance. If the Planning Commission recommends denial of
a Conditional Use Permit or the Council orders such denial, it shall include in its
recommendations or determination findings as to the ways in which the proposed
use does not comply with the findings required by this Ordinance.
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ORDINANCE 502 – ZONING ORDINANCE
e) Appeals. All decisions by the Council involving a Conditional Use Permit shall
be final except that an aggrieved person or persons shall have the right to file an
appeal within thirty (30) days of the decision with the Stearns County District
Court.
f) Conditions. In the granting of its approval, City Council may impose conditions
regarding the location, character and other features of the proposed building,
structure or use as it may deem advisable in the furtherance of the purposes of
this Ordinance. Violation of any such condition is a violation of this Ordinance.
These conditions may include but are not limited to the following:
1. Controlling the location and number of access points thereon with
particular reference to vehicle and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or other catastrophe.
2. Requiring diking, berming, fencing, screening, landscaping or other
facilities to protect adjacent or nearby property.
3. Limiting the number, size, location or lighting of signs, and proposed
exterior lighting with reference to glare, traffic safety, economic effect and
compatibility and harmony with properties in the district.
4. Designating sites for open space.
5. Increasing the required lot size or yard dimensions.
6. Limiting the height, size, number or location of buildings.
7. Designating operating hours and noise levels.
8. Any other condition the Planning Commission or City Council deems
necessary to protect the public interest.
g) Successive Applications. Whenever an application for a Conditional Use Permit
has been considered and denied by the City Council, a similar application for a
Conditional Use Permit affecting substantially the same property shall not be
considered again by the Planning Commission or City Council for at least one (1)
year from the date of its denial. The City Council may permit a new application;
if in the opinion of the City Council, new evidence or a change of circumstances
warrant reconsideration.
h) Expiration. If within one (l) year after issuance of granting a Conditional Use
permit the use permitted has not started, then the permit is null and void, unless
the City Council has approved a petition for an extension. Conditional Use Permit
Permits expire if the authorized use ceases for any reason for more than one (1)
year.
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 2. Interim Use Permit.
a) Purpose. The purpose and intent of allowing interim uses is:
1. To allow a use for a limited period of time that reasonably utilizes the
property in the manner not permitted in the applicable zoning district.
2. To allow a use that is presently acceptable but that, with anticipated
development, may not be acceptable in the future.
b) Application, Public Hearing, Notice and Procedure. The application, public
notice and procedure requirements for Interim Use Permits shall be the same as
those for Conditional Use Permits as provided in this Ordinance.
c) Findings. The Planning Commission shall recommend an interim use permit and
the Council shall issue such interim use permits only if it finds that such use at the
proposed location:
1. Meets this Ordinance.
2. Conforms to the zoning regulations, performance standards and other
requirements of this Ordinance.
3. Is allowed as an interim use in the applicable zoning district.
4. Will terminate upon a tangible date or event specified in the resolution
approving said interim use permit.
5. Will not impose, by agreement, additional costs on the public if it is
necessary for the public to take the property in the future.
6. Will be subjected to, by agreement with the owner, any conditions that the
City Council has deemed appropriate for permission of the use, including
a condition that the owner will provide an appropriate financial surety to
cover the cost of removing the interim use and any interim structures upon
the expiration of the interim use permit.
d) Termination. An interim use permit shall terminate upon the occurrence of any of
the following events; whichever first occurs:
1. The date specified in the permit;
2. A violation of the conditions under which the permit was issued; or
3. A change in the City’s zoning regulations which render the use
nonconforming.
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ORDINANCE 502 – ZONING ORDINANCE
4. The permit is not utilized for a period of one (1) year from the date issued.
e) Successive Applications. Whenever an application for an interim use permit has
been considered and denied by the City Council, a similar application for an
interim use permit affecting substantially the same property shall not be
considered again by the Planning Commission or City Council for at least one (1)
year from the date of its denial.
f) Appeals. All decisions by the Council involving an interim use permit request
shall be final except that an aggrieved person or persons shall have the right to
file an appeal within thirty (30) days of the decision with the Stearns County
District Court.
g) Conditions. In granting approval of the interim use, the City Council may impose
such conditions regarding the location, character and other features of the
proposed building, structure or use as it may deem advisable in the furtherance of
the purposes of this Ordinance.
Subd. 3. Amendments and Rezoning of Parcels Depicted on the Official Zoning Map.
a) General. This Ordinance, which includes the official zoning map, may be
amended by following the procedure specified in this section.
b) Initiation/Application. An amendment may be initiated by the following
procedures:
1. Upon the initiative of the City Council or the Planning Commission, or
2. By petition of fifty percent (50%) or greater of the property owners
affected by the proposed amendment and fifty percent (50%) of those
property owners within three hundred fifty (350) feet of the proposed
change. If a property owner initiates a rezoning request the owner shall
provide a boundary survey and preliminary building and site development
plans prior to consideration of the request.
3. If the proposed rezoning request is consistent with the proposed future
land use identified in the City’s Comprehensive Plan, an owner may
petition for the rezoning without signature of 50% of the affected property
owners within 350 feet. If a property owner initiates a rezoning request
the owner shall provide a boundary survey and preliminary building and
site development plans prior to consideration of the request.
4. A petition, when filed with the Zoning Administrator, shall be
accompanied by the fee established by the City Council in order to defray
the expenses incurred by advertising, public hearing, etc. In order for the
complete petition to be heard at the next regularly scheduled Planning
Commission meeting, it must be received by the Zoning Administrator
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ORDINANCE 502 – ZONING ORDINANCE
three (3) weeks before that meeting.
c) Action by Planning Commission.
1. An amendment not initiated by the Planning Commission shall be referred
to the Commission for study and report, and may not be acted upon by the
City Council prior to the recommendation of the Planning Commission.
The Zoning Administrator will review the proposed amendment and
provide the Planning Commission with a staff report.
2. The Planning Commission shall hold at least one (l) public hearing on any
petition for an amendment or rezoning after notice of the time and place of
such hearing has been published in accordance with State Law. The City
will publish notice of the public hearing in the City’s official newspaper at
least ten (10) days before the public hearing and not more than thirty (30)
days. The City will also mail notice of the public hearing to individual
property owners within three hundred fifty (350) feet of the parcel
included in the request at least ten (10) days before the public hearing and
not more than thirty (30) days.
3. The City Council shall not rezone any land or area in any zoning district
without having first referred it to the Planning Commission for
recommendation. Any other proposed amendment to this Ordinance shall
be referred to the Planning Commission.
d) Action by City Council. The City Council shall hold public hearings as it deems
advisable. The City Council shall review the Planning Commission’s
recommendation and any other additional testimony and material and shall adopt
or deny the proposed rezoning or amendment or any part of it as the City Council
deems advisable.
e) Successive Applications. No application of a property owner for an amendment or
rezoning will be considered within the one (1) year period following a denial of
such request. The City Council may permit a new application, if in the opinion of
the City Council, new evidence or a change or circumstances warrant it.
f) Appeal. A petitioner may appeal the City Council’s decision within 30 days of the
decision to the Stearns County District Court as provided by law.
g) Recording. The City will record all Ordinances amending the Zoning Ordinance
or rezoning any property. The Zoning Administrator will revise the City’s Official
Zoning Map when property within the City is rezoned.
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ORDINANCE 502 – ZONING ORDINANCE
Section 502.08: NON-CONFORMING USES
Subd. 1: Intent. It is not the intent of this section to encourage the non-conforming use
of land. Non-conformities are declared by this Ordinance to be incompatible with permitted uses
in the districts in which the non-conformity occurs. A non-conforming use of a structure, a
non-conforming use of land, or a non-conforming use of a structure and land in combination
shall not be extended or enlarged after passage of this Ordinance by attachment on a building or
land of additional signs intended to be seen from off the premises, or by the addition of other
uses of a nature which would be generally prohibited in the district in which such use is located.
Subd. 2: Continuation of Non-Conforming Use. Any nonconformity, including the
lawful use or occupation of land or premises existing at the time of the adoption of this
Ordinance may be continued, including through repair, replacement, restoration, maintenance, or
improvement, but not including expansion, unless
a) the nonconformity or occupancy ceases for a period of one year; or
b) the nonconforming use is destroyed by fire, collapse, explosion or acts of God, or
public enemy or other peril to the extent of 50 percent, or greater, of its market
value and no building permit has been applied for within 180 days of when the
property is damaged.
Any subsequent use or occupancy of the land or premises shall be a conforming use or
occupancy.
Subd. 3: Extension or Expansion of Non-conforming Use. A non-conforming use of a
residential, commercial or industrial building may not be extended or expanded by adding onto
the building. A non-conforming use of a residential, commercial or industrial land shall not be
enlarged, expanded, increased or extended to occupy a greater area than was occupied when the
use became non-conforming, except as specifically provided in Subd. 6 of this section.
Subd. 4: Structural Change. No existing structure devoted to a non-conforming use shall
be enlarged, extended, reconstructed, moved, or structurally altered except in changing the use of
the structure to a conforming use.
Subd. 5: Maintenance. Maintenance of a building or other structure containing or used
for a non-conforming use will be permitted when it includes necessary non-structural repairs and
incidental alterations which do not extend or intensify the non-conforming building or use.
Subd. 6: Residential Alterations. Alterations may be made to a residential building
containing non-conforming residential units when they will improve the livability and safety of
such units provided, however, that they do not increase the number of dwelling units in the
building. Additions may be made to non-conforming residential buildings, limited to an increase
in the living area of no more than 20% of the existing main floor square footage. The
construction and alteration of garages and accessory buildings is also permitted, as long as the
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ORDINANCE 502 – ZONING ORDINANCE
improvements conform to the zoning requirements for both the zoned use of the property, and
the non-conforming use.
Subd. 7: Change of Non-conforming Use. A non-conforming use cannot be changed to a
comparable non-conforming use. Whenever a non-conforming use has been changed to a
conforming use, or to a use permitted in a district of greater restrictions, it shall not thereafter be
changed to a non-conforming use of a less restricted district.
Subd. 8: Restoration After Destruction. Any non-conforming building or structure
damaged by fire, collapse, explosion or acts of God, or public enemy by:
a) more than fifty (50) percent of its market value (exclusive of foundations) as
appraised by an independent appraiser at the time of damage, shall not be restored
or reconstructed and used as before such a happening unless a building permit
has been applied for within 180 days after the property is damaged. The
reconstruction must be of like or similar materials or the architectural design and
building materials must be approved by the Planning Commission. Any
restoration permitted must be complete within twelve months of the happening.
If the City determines that more than 50% of the structure has been destroyed and
the property owner makes application for a building permit after the 180 day period the
following will apply:
i. If the property owner disputes the City’s determination that more than
50% of the structure has been destroyed, he/she may, at his/her sole
expense, hire an independent appraiser to determine the market value and
present the appraisal to the City Council for reconsideration.
ii. If the City Council maintains its determination after receiving the
appraisal, the property owner shall have the right to appeal the City’s
market value determination to the Board of Appeals and Adjustments.
Such appeal must be brought within thirty (30) days receiving the
appraisal.
b) less than fifty (50) percent of its market value above the foundation, it may be
restored, reconstructed or used as before provided that it is done within twelve
(12) months of the happening and that it be built of like or similar materials, or
the architectural design and building materials are approved by the Planning
Commission.
Subd. 9: Discontinuance of Non-Conforming Use. If a non-conforming use of a
building or land is discontinued or ceased for a period of one year or more, or if the use is
involuntarily discontinued and ceased because of the revocation of a permit or the right to
engage in the use, subsequent use of such building or land shall conform thereafter to the use
permitted in the district in which it is located.
Subd. 10: Junkyard. No junkyard may continue as a non-conforming use for more than
thirty (30) years after the effective date of this Ordinance, except that a junkyard may continue as
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ORDINANCE 502 – ZONING ORDINANCE
a non-conforming use in an industrial district if within that period it is completely enclosed
within a building or within a continuous solid fence of not less than eight (8) feet in height or
other approved screening which screens completely the operations of the junkyard. Approval of
the fence or screen design shall be obtained from the Planning Commission.
Subd. 11: Signs. Signs pertaining to or advertising products sold on the premises of a
non-conforming building or use may be continued only when the non-conforming use is
permitted to continue and such signs shall not be expanded in number, area, height, or
illumination. New signs not to exceed the maximum allowed under Ordinance 502.11 may be
erected only after all other signs existing at the time of the adoption of this Ordinance have been
removed. New signs in conformity with the above may have illumination not to exceed 240
watts on one face of the sign, but flashing intermittent or moving illumination is not permitted.
Subd. 12: Buildings Under Construction and Building Permits Granted Prior to Adoption
of Ordinance. Any proposed structure which will, under this Ordinance, become
non-conforming but for which a building permit has been lawfully granted prior to the effective
date of this Ordinance, may be completed in accordance with the approved plans; provided
construction is started within sixty (60) days of the effective date of this Ordinance, is not
abandoned for a period of more than 120 days, and continues to completion within two (2) years.
Such structure and use shall thereafter be a legally non-conforming structure and use.
Subd. 13: Non-conforming Lots of Record. Where a lot of record exists within the City
which is vacant or built upon, but does not meet the lot requirements of the zone at the effective
date of this Ordinance, and the proposed or existing use is a permitted or permitted accessory use
for that zone, a building permit may be issued to build a new structure or reconstruct a destroyed
structure as outlined in this Ordinance; provided that yard setback requirements are met.
Subd.14: Non-Conforming Lots. A single-family dwelling and customary accessory
building, notwithstanding limitations imposed by other provisions of this Ordinance, may be
erected in any district in which single-family dwellings are permitted on any single lot of record
at the effective date of adoption of or amendment to this Ordinance. Such lot must be in separate
ownership and not of continuous frontage with other lots in the same ownership. The provisions
shall apply even though such lot fails to meet the zoning requirements for area or width, or both,
that are generally applicable in the district, provided that yard dimensions and other requirements
not involving area or width, or both, of the lot shall conform to the regulations for the district in
which such lot is located. If, in a group of two (2) or more lots under the same ownership, any
individual lot does not meet the area and width requirements of this Ordinance, the lot must not
be considered as a separate parcel or land for the purpose of sale or development. The lot must
be combined with the one (1) or more contiguous lots so they equal one (1) or more parcels of
land, each meeting the area and width requirements of this Ordinance. Variances of area, width
and yard requirements shall be obtained only in accordance with this Ordinance.
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ORDINANCE 502 – ZONING ORDINANCE
Section 502.09: PUD – PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT
Subd. 1: Purpose and Intent. The purpose of this section is to provide for the
modification of certain regulations when it can be demonstrated that such modification would
result in a development, which would not increase the density and intensity of land use beyond
that which would be allowed if no regulations were modified; would preserve or create features
or facilities of benefit to the community such as, but not limited to natural resources, open space
or active recreational facilities, which features or facilities would not have been provided if no
regulations were modified, would be compatible with surrounding development, and would
conform to the goals and policies of the Comprehensive Plan. Throughout this title, “PUD” shall
mean the same as “planned unit development”.
Subd. 2: Benefit to the Public Intended. PUD’s are intended to encourage the efficient
use of land and resources, to promote greater efficiency in public utility services and encourage
innovation in the planning and building of all types of development. It is not the intent of this
section to be a means in which to avoid meeting the minimum standards of the underlying zoning
district. Planned unit developments shall demonstrate at least one of the following benefits to the
public. The applicant bears the burden of proving one or more public benefits exist:
a) Innovations in residential development that:
1. Proactively and tangibly address the demand for housing for all economic
levels;
2. Provide greater variety in tenure, type, design and sitting of dwellings.
b) The reestablishment, preservation and/or enhancement of desirable site
characteristics such as natural vegetation, topographic and geologic features.
c) A variety of housing types/densities together with preservation of open
space/natural features within one development.
d) The creation of active and/or passive recreational opportunities and/or facilities
that would not have been provided if no regulations were modified.
e) Promote Mixed Uses: Promote mixed uses so that not only may the unit be solely
residential or commercial, but it may also contain a combination of uses (mixed
residential or residential – commercial) for greater convenience to the residents.
Subd. 3: Types of Planned Unit Developments – Where Permitted.
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ORDINANCE 502 – ZONING ORDINANCE
a) Two types of planned unit developments are hereby established subject to the use
regulations of the zone in which the PUD is proposed to be located and provided
to the standard of subsection B (immediately following) are achieved:
1. Single-family PUD’s, comprised of detached dwelling units on individual
lots, necessary streets rights-of-way to serve such dwelling units and any
common open space, recreational facilities or other areas or facilities.
2. Non-single-family PUD’s, comprised of (a) attached dwelling units,
detached dwelling units not on individual lots, multiple use, retail,
commercial, recreational, office, service or industrial buildings, or any
combination thereof, the necessary streets and other public and/or private
rights-of-way to serve such uses, and any appurtenant common open
space, recreational facilities or other areas or facilities.
3. A PUD may comprise both of the above types, subject to compliance with
the use regulations of the zone in which the PUD is proposed to be
located.
b) Planned unit developments may be located in any zone subject to use regulations;
provided, that:
1. Uses permitted in the PUD shall be governed by the use regulations of the
underlying zoning classification or other generally applicable city
regulations governing permitted uses, including special district
regulations; and,
2. There is no standard minimum size requirement for any PUD. However,
the size of the proposed development would be such that this form of
development is logical and adheres to the overall purpose of this
Ordinance.
3. The design of a PUD shall take into account the relationship of the site to
the surrounding areas. The perimeter of the PUD shall be so designed as to
minimize undesirable impact of the PUD on adjacent properties and,
conversely, to minimize undesirable impact of adjacent land use and
development characteristics on the PUD.
4. Common open space shall be either held in common ownership by all
owners in the PUD or dedicated for public use with approval of the City
Council. Whenever possible, common open space shall be linked to the
open space areas of adjoining developments. Common open space shall be
of such size, shape, character, and locations as to be useable for its
proposed purpose.
.
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 4: General Requirements/Permitted Modifications.
a) In General. In considering a proposed planned unit development project, the
approval thereof may involve modifications in the regulations, requirements and
the standards of the zone in which the project is located, and in the subdivision
ordinance, including but not limited to, use, setbacks, lot sizes, width and depth.
In modifying such regulations, requirements and standards as they may apply to a
planned unit development project the standard identified within this subsection
and the limitations set forth in this subsections B and C (immediately following)
shall apply. In order to be granted any such modifications, the applicant shall
demonstrate that the proposed development complies with the purpose of this
section. The applicant shall bear the burden of supporting any change in
requirements. The city may increase any requirement necessary to make the
project conform to the purposes of this section.
1. Allowed Uses. Uses within the PUD may include only the uses generally
considered associated with the general land use category shown for the
area on the official Comprehensive Plan Land Use Plan. Specific allowed
uses and performance standards for each PUD shall be delineated in the
rezoning ordinance (if required), the development plan and the
development agreement. The PUD development plan and agreement shall
identify all the proposed land uses and those uses shall become permitted
uses with the acceptance of the development plan and agreement. Any
change in the list of uses presented in the development plan and agreement
will be considered a major amendment to the PUD and will follow the
procedure described herein relative to major PUD amendments.
3. Distance Between Buildings. The planning commission shall set minimum
distances between structures to assure adequate sunlight and open space;
provided, that minimum distances required by building and fire codes
shall be met.
2. Building Design. Buildings shall be designed to prevent the appearance of
straight, unbroken lines in their horizontal and vertical surfaces. No
residential building shall have a single exterior wall longer than forty (40)
feet without an offset in the exterior wall. Offsets between walls shall be at
least thirty-two (32) inches and shall not exceed ten (10) feet.
3.. Building Dimensions. Building height shall be governed by the
requirements of the underlying zone district classification as set forth
therewith.
4.. Uses. All permitted, permitted accessory and/or conditional uses contained
in the underlying zoning district shall be treated as permitted, permitted
accessory and conditional uses in PUD overlay district. Uses not listed as
permitted or conditional in a specific district shall not be allowed in a
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ORDINANCE 502 – ZONING ORDINANCE
PUD unless it is found that the use is complimentary to the functionality
of the development and the other uses found therein.
5.. Density. An increase in density may be permitted to encourage the
preservation of natural topography and geological features. The minimum
lot size requirements of other sections of this ordinance do not apply to a
PUD except that the minimum lot size requirements of the underlying
zone shall determine the maximum dwelling unit density of a total
development. The maximum dwelling unit density shall be determined by
the area remaining after appropriate space for street right of way, other
public dedications, such as but not limited to storm water detention ponds,
trails and parklands have been determined and subtracted from the total
PUD area. Excluded from the calculation of developable property shall be
areas which would normally not be developable, such as waterways or
water bodies, shorelands, flood plains, and the like in addition to areas
required for streets, parks, pedestrian facilities, storm water controls and
placement of public utilities. Wetlands can be utilized to determine the
area of developable land. The maximum density for multiple dwellings
under the PUD shall be one bedroom unit for each 2,500 square feet of lot
area, one two bedroom unit for each 3,000 square feet of lot area, and one
three bedroom unit for each 3,500 square feet of lot area and for each
additional bedroom (over 3) per unit, an additional 500 square feet of lot
area. If the property involved in the PUD includes land in more than one
zoning district, the number of dwelling units or the square footage of
commercial, residential or industrial uses in the PUD shall be proportional
to the amount that would be allowed separately on the parcels located in
each of the underlying zoning districts.
6.. Off-street parking and loading. Off-street parking and loading space shall
be provided in each PUD in the same ratios for types of buildings and uses
as required in Section 502.10 of this Ordinance. The City may reduce the
number of parking spaces required provided the PUD applicants submit
information demonstrating a reduced need for parking facilities (e.g.
senior housing complex, PUD’s featuring joint parking facilities, parking
study, proximity to and availability of bus service coupled with transit-
friendly design, etc).
7.. Street Design and Requirements. The major internal streets serving each
planned unit development shall be functionally connected to at least one
minor arterial or collector street as defined by the comprehensive plan.
b) In Single-Family PUDs. Single-family PUDs shall be subject to the
following limitations in modification of regulations in addition to
those limitations set forth in subsection a (above, entitled
“permitted modifications of regulations, in general”)
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ORDINANCE 502 – ZONING ORDINANCE
1. The minimum lot size as required in underlying zoning
classification may be reduced by up to 15 percent;
provided, that an area(s), not including a critical area or
storm water conveyance or storage facility, equal to the
combined reduction in lot area is set aside for the
following:
A. Common useable open space comprising of
landscaping and facilities such as, but not limited to
play areas, trails, picnic tables and benches;
B. Areas containing significant trees as defined by the
City;
C. Other non-critical areas, the preservation or creation
of which promote one or more goals and or goals
and/or policies of the comprehensive plan;
D. The applicant shall demonstrate that the area
proposed to be set aside creates a public benefit
which would not exist if the minimum lot size were
not modified.
2. The minimum lot width as required within the underlying
zoning classification may be reduced up to 10 percent;
c) Non-single-family PUDs shall be subject to the following
limitations in modification of regulations in addition to those
limitations set forth within the underlying zoning classification.
1. When a PUD containing dwelling units is proposed on
property having more than one underlying residential zone,
the total number of dwelling units allowed may be
determined by totaling the number of dwelling units
allowed to be located on each portion of the PUD area
located in a separate zone according to the regulations of
that zone.
2. The City, at its discretion, may allow the number of units
arrived at under subsection c-1 (immediately above) be
located anywhere within the planned unit development
subject to the PUD approval process set forth in this
chapter and provided that the City make a finding of fact
that a public benefit resulting from such action is present.
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 5: Subdivision Requirements. The approval of a subdivision shall be required of
all projects which involve or contemplate the subdivision of land and the procedures set forth in
the subdivision ordinance shall be followed concurrently herewith. The approved final
development plan shall be a binding site plan.
Subd. 6: Pre-Application/Informational Meeting and Concept Plan Required.
a) Prior to filing an application for Preliminary PUD plan approval, the applicant of
the proposed PUD shall arrange for and attend an informational meeting with City
staff. At such conference, the applicant shall be prepared to generally describe
their proposal for a PUD. The primary purpose of the meeting shall be to provide
the applicant with an opportunity to gather information and obtain guidance as to
the general suitability of the conformity to the provisions of this code before
incurring substantial expense in the preparation of detailed plans, surveys, and
other data.
b) Following a pre-application/informal meeting, but prior to submitting an
application for preliminary plan approval, the applicant for a proposed PUD shall
submit to the City a general concept plan.
1. Purpose. The general concept plan provides an opportunity for the
applicant to submit a plan to the City showing their basic intent and the
general nature of the entire development without incurring substantial
cost. This concept plan is not considered an application for development.
Review and acceptance of the concept plan by City staff does not
constitute approval of the plan by the City. Review and acceptance of the
concept plan merely allows the applicant to initiate the development
process after an application has been submitted to the City. The concept
plan is simply an informal method of providing information to the
developer as to whether the plan is generally acceptable or whether the
plan has problem areas.
The general concept plan should include the following elements:
A. Overall maximum PUD density range.
B. General location of major streets and pedestrian walkways.
C. General location and extent of public and/or common open
space.
D. General location of residential and non-residential land
uses with approximate intensities of development.
E. Staging and timetable of development.
F. Other special criteria for development.
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 7: Preliminary and Final Plan Approval Required.
a) Each PUD shall require preliminary and final approval.
b) If land subdivision is requested in conjunction with the PUD plan, both
preliminary and final PUD approvals shall be processed concurrently with the
platting procedures set forth in the City’s Subdivision Ordinance. Required data,
parkland/fee in lieu of parkland dedication, design standards and required
improvements shall be the same as per a conventional subdivision and as set forth
within the City’s Subdivision Ordinance. In addition to the data requirements
itemized within the Subdivision Ordinance the application shall also include
information necessary to process the PUD preliminary and final plan(s) as
contained within this chapter. The Zoning Administrator may waive requirements
determined to be redundant.
Subd. 8: Phased Development. Development of the project may be phased, in which case
each complete phase may be processed separately through both preliminary development plan
review and final development plan review. A map showing all property owned or controlled by
the developer which is contiguous to the development site or which is within the area determined
by the City to be relevant for comprehensive planning and environmental assessment purposes,
together with a preliminary plat of said properties’ eventual development through all potential
phases shall be submitted with the application for the first phase. The developer is not
responsible for providing a preliminary plat for contiguous or nearby property which is not
owned or controlled by the developer. The preliminary plat shall conform to the purposes of this
section and shall be used by the City to review all phases of the development. All phases of this
development shall conform to the preliminary plat, all conditions of approval and applicable
regulations.
Subd. 9: Preliminary PUDs – Contents of Complete Application.
a) The applicant shall file with the City a preliminary plat plan which is consistent
with the requirements of the City’s Subdivision Ordinance. The preliminary plat
plan shall include the following:
1. A legal description of the property proposed to be developed;
2. A map of the subject property and surrounding area determined by the
City to be relevant for comprehensive planning, environmental assessment
or zoning review purposes, which shall depict comprehensive plan
designations, zoning classifications and existing land uses and utility
mains/urban facilities including parks and streets;
3. A proposed site plan for the subject property depicting the following:
A. Identify all setbacks for lots and other areas of the development.
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ORDINANCE 502 – ZONING ORDINANCE
B. Identify boundaries of areas of trees. Also identify areas where
there are trees eight inches in trunk diameter measured four feet
above the base of the trunk;
C. Designated placement, location, and principal dimensions of lots,
buildings, streets, parking areas, recreation areas and other open
space, landscaping areas and utilities;
D. If the developer owns or otherwise controls property adjacent to
the proposed development, a conceptual plan for such property
demonstrating that it can be developed in a compatible manner
with the proposed development;
E. Park and trail plan pursuant to the Subdivision Ordinance
4. A conceptual landscape plan showing existing and proposed landscaping
including groundcover, shrubbery and tree species;
5. Drawing and/or text showing scale, bulk and architectural character of
proposed structures;
6. For single-family PUDs, a conceptual drawing depicting the number and
location of lots which would be allowed if no regulations were modified;
7. Special features including but not limited to critical areas and site or
structures of historic significance;
8. Text describing conditions or features which cannot be adequately
displayed on maps or drawings;
9. A narrative stating how the proposed development complies with the goals
and policies of the Comprehensive Plan;
10. A narrative itemizing all proposed land uses (permitted, conditional,
interim, accessory) conditions related thereto (proposed and as required
within the underlying zoning classification) and the extent of proposed
uses (i.e. number of units; density allowed via underlying zoning
classifications and density proposed for the PUD;
11. A narrative stating how the proposed PUD plan impacts adjacent property
owners;
12. A narrative describing proposed operation/maintenance of the
development including open areas, storm water features and recreational
facilities resulting from the subdivision;
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ORDINANCE 502 – ZONING ORDINANCE
13. If applicable, draft conditions, covenants and restrictions and other
documents relating to operation and maintenance of the development,
including all of its open areas and recreational facilities;
14. Information normally required within the underlying zoning classification
relating to site plan review.
15. Other information required by the City and the Subdivision Ordinance,
Ordinance 540.
b) The applicant may submit to the Zoning Administrator director proposed
development standards, which, if approved by the City, shall be come a part of the
preliminary plan in lieu of the requirement of subsection a-2 of this section for
specifying placement, location and principal dimensions of buildings, streets, and
parking areas. This alternative process is intended to accommodate the need for
flexibility in large-scale non-single-family developments, while insuring that
sufficient information as to the nature of the development is available upon which
to base a decision concerning the preliminary development plan. Proposed
development standards shall specifically set forth parameters for location,
dimensions and design of buildings, streets and parking areas.
Subd 10: Preliminary PUDs – Criteria for Approval.
a) Preliminary PUD approval shall be granted by the City only if the applicant
demonstrates that:
1. The proposed project shall not be detrimental to present and potential
surrounding land use.
2. Land surrounding the proposed development can be planned in
coordination with the proposed development and can be developed so as
to be mutually compatible.
3. Streets and sidewalks, existing and proposed, are suitable and adequate to
carry anticipated traffic within the proposed project and an in the vicinity
of the proposed project, in light of the criteria set forth in the Subdivision
Ordinance and the comprehensive plan.
4. Services including portable water, sanitary sewer and storm drainage are
available or can be provided by the development prior to occupancy.
5. Each phase of the proposed development, as it is planned to be completed,
contains the required parking spaces, recreation spaces, landscape and
utility areas necessary for creating and sustaining a desirable and stable
environment.
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ORDINANCE 502 – ZONING ORDINANCE
6. The project conforms to the purposes and standards prescribed in this
chapter.
7. The project conforms to the Comprehensive Plan.
b) Conformance with the design standards and required improvements as set forth
within the Subdivision Ordinance.
Subd. 11: Preliminary PUDs – Minor and Major Changes to an Approved Preliminary
PUD.
a) A proposed minor change to an approved PUD require a public hearing and shall
be incorporated into the application for final PUD approval, and any notification
regarding such final PUD approval shall describe the proposed minor change(s).
A “minor change” means any departure from the conditions of preliminary
approval which is not a “major change” and includes but is not limited to the
following:
1. Revisions to a number of dwelling units in a structure;
2. Revisions to number of non-residential structures;
3. Revisions to heights of structures;
4. Revisions to location of internal roads;
5. Revisions similar in nature to those above as determined by the City.
b) A proposed major change to an approved preliminary PUD shall require
reapplication for preliminary PUD approval and any notification regarding such
preliminary PUD approval shall describe the proposed major change or changes.
A major change is any departure from the conditions of the preliminary PUD
approval which would result in any of the following:
1. Revisions to the approved design concept;
2. Revisions to the approved use(s);
3. An increase in the number of residential dwelling units;
4. An increase in square footage of non-residential structures;
5. A decrease in the amount of landscaping, site perimeter buffering, and
open space; and
6. An increase in traffic volumes or change in circulation patterns which
impacts surrounding development.
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 12: Final PUDs – Contents of Complete Application. Within 12 months following
the approval of the preliminary PUD, the applicant shall file with the City a final PUD
conforming to the approved preliminary PUD. The final PUD shall include all the requirements
under the Subdivision Ordinance, and the following information:
1. A survey of the property, showing for all areas to be developed or
disturbed existing features, including an identification of all setbacks for
each lot and the boundaries for the development, buildings, structures,
trees over eight inches in trunk diameter measured four feet above the base
of the trunk, streets, utility easements, rights-of-way, and existing land
uses;
2. Elevation and perspective drawings of project structures and
improvements;
3. Proposed final conditions, covenants and restrictions (CC&Rs) and other
documents relating to operation and maintenance of the development,
including all of its open areas and recreational facilities, which CC&Rs
and other documents shall be recorded upon final PUD approval;
4. Proposed final agreements which may have been required as conditions of
preliminary PUD approval;
5. A development schedule;
6. The following plans and diagrams;
A. An off-street parking plan;
B. Landscaping and tree planting plan, including site grading;
C. Park and trail plan consistent with the Subdivision Ordinance
Subd. 13: Final PUDs – Criteria for Approval. Final PUD approval shall be granted by
the City only if the applicant demonstrates that the final PUD substantially conforms to the
approved preliminary PUD. For the purposes of this section, “substantially conforms” means
that, as compared to the preliminary PUD, the final PUD contains no revisions in density, uses,
design or development standards or in the site plan, other than the minor changes pursuant to
Subd. 11 of this section.
Subd. 14: Final PUDs – Failure to File – Termination.
a) In the event the final PUD or any required attendant papers are not filed within
ninety (90) days following approval of a preliminary PUD, except as provided
elsewhere in this Section or as noted in subsection b (immediately following this
502.09-11
ORDINANCE 502 – ZONING ORDINANCE
subsection), the approval of the preliminary PUD shall lapse and the approval
shall be deemed null and void and without force or effect.
b) When it is determined as part of the preliminary PUD approval that the final PUD
is to be phased, the final PUD for the first phase shall be submitted within 12
months of preliminary approval. The final development plan for each subsequent
phase shall be submitted within the schedule established at the time of preliminary
PUD approval. In the case of a PUD, which includes a subdivision, the final PUD
shall be submitted within five years of receiving preliminary approval.
c) The time period for filing of final PUDs shall not include periods of time during
which progress on the final PUD was reasonable halted or delayed due to the
filing and pendency of legal actions challenging an approval granted by the City
pursuant to this Section; provided, that in all cases when more than two years
have elapsed subsequent to the date of approval of a preliminary PUD the
permittee shall be required to comply with all current building, construction,
subdivision and other applicable standards of the City prior to being granted
approval of the final PUD; provided, that a change in zoning district classification
enacted subsequent to approval of the final development plan shall not affect the
project.
Subd. 15: Final PUDs – Adjustments to Approved Final PUD.
a) The Zoning Administrator is authorized to allow adjustments in accordance with
subsection b (which immediately follows this section) of this Section. The Zoning
Administrator shall allow only such adjustments as are consistent with guidelines
established in subsection b of this section, and in no case shall an adjustment be
allow if it will increase the total amount of floor space authorized in the approved
final PUD, or the number of dwelling units or density, or decrease the amount of
parking or loading facilities or permit buildings to locate substantially closer to
any boundary line or change substantially any point of ingress or egress to the
site.
b) For the purposes of this section, “adjustments” means any departure from the
conditions of final PUD approval which complies with the following criteria:
1. The adjustment maintains the design intent and quality of the original
approval;
2. The amount of landscaping, buffering and open space shall not be
reduced;
3. The number of dwelling units in residential developments and the square
footage of structures shall not increase;
502.09-12
ORDINANCE 502 – ZONING ORDINANCE
4. The adjustment shall not relocate a building, street or other use more than
20 feet in any direction and shall not reduce any required yard and/or
setback;
5. The height of buildings and other structures shall not increase;
6. Views from both structures on-site and off-site shall not be substantially
reduced;
7. Traffic volumes shall not increase and circulation patterns shall not
change;
8. Changes in colors, plant material and parking lot configurations are minor;
9. The adjustment does not add significant new environmental impacts or
significantly increase environmental impacts disclosed in the original
documents;
10. The Zoning Administrator determines that the change will not increase
any adverse impacts or undesirable effects of the project, or that the
change in no way significantly alters the project.
c) If proposed amendments to an approved PUD can not be classified as an
“adjustment”, the PUD shall be amended using the “Minor and Major Changes to
an Approved Preliminary PUD” process described in Subd. 11 herein.
Subd. 16: Developers Agreement Required for Final PUD. Prior to the installation of
required improvements mandated by the Subdivision Ordinance, and prior to approval of the
Final Plat for the PUD, the developer shall enter into a contract with the City requiring that the
developer furnish and construct improvements required by the Subdivision Ordinance at the
developer’s expense and in accordance with plans and specifications to be approved by the City
Engineer. The City/Developer contract shall stipulate the type and extent of the improvements to
be constructed, the cost of construction, the construction time schedule, the City's authority to
inspect the construction and the amount of the escrow deposit performance bond, warranty bond
and labor and material man bond to be furnished. The City/Developer Agreement shall be in
substantially similar form and content as provided for in the Subdivision Ordinance.
Subd. 17: Operating and Maintenance Requirements for PUD Common Open Space and
Service Facilities.
a) Whenever common open space or service facilities are provided within the PUD,
the PUD plan shall contain provisions to assure the continued operation and
maintenance of such open space and service facilities to a predetermined
reasonable standard.
b) Common open space and service facilities within a PUD shall be placed under the
ownership of one or more of the following:
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ORDINANCE 502 – ZONING ORDINANCE
1. Landlord control where only use by tenants is anticipated.
2. Property owners association, provided all of the following conditions are
met:
A. Prior to the use, occupancy, sale or the execution of contracts for
sale of an individual building unit, parcel, tract, townhouse,
apartment, or common area, a declaration of covenants, conditions
and restrictions or an equivalent document as specified in
Minnesota Statutes shall be filed with the Zoning Administrator
prior to the filings of the declaration of documents or floor plans
with the County Recorder’s Office.
B. The declaration of covenants, conditions and restrictions or
equivalent document shall specify that deeds, leases or documents
of conveyance affecting buildings, units, parcels, tracts,
townhouses or apartments shall subject the properties to the terms
of the declaration.
C. The declaration of covenants, conditions and restrictions shall
provide that an owner’s association or corporation may be formed
and if such an association or corporation which shall maintain all
properties and common areas in good repair and which shall assess
individual property owner’s proportionate share of joint or
common costs. This declaration shall be subject to the review and
approval of the City Attorney. The intent of this requirement is to
protect the property values of the individual through establishing
effective private control.
D. The declaration shall additionally provide that in the event the
association or corporation fails to maintain properties in
accordance with the applicable rules and regulations of the City or
fails to pay taxes or assessments on properties as they become due,
and in the event the City incurs any expenses not immediately
reimbursed by the association or corporation, then the City shall
have the right to assess each property its pro rata share of the
expenses. Such assessments, together with interest thereon and
costs of collection, shall be a lien on each property against which
such assessment is made.
E. Membership in the association must be mandatory for each owner
and any successive buyer and the association must be responsible
for liability insurance, taxes, and the maintenance of the open
space facilities to be deeded to it.
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ORDINANCE 502 – ZONING ORDINANCE
F. The open space restrictions must be permanent and not for a given
period of years.
G. Property owners must pay their pro rata share of the cost of the
association by means of an assessment to be levied by the
association which meets the requirements for becoming a lien on
the property in accordance with state law and the association must
be able to adjust the assessment to meet changing needs.
H. The by-laws and rules of the association and all covenants and
restrictions to be recorded must be approved by the City Council
prior to the approval of the final PUD plan.
c) Staging of common open space. The construction and provision of all of the
common open space and public improvements and recreational facilities that are
shown on the final development plan for a PUD must proceed at the same rate as
the construction of dwelling units or other private facilities.
Subd. 18: Termination of Planned Unit Development – Failure to Commence or Continue
Construction. If the construction has not been started within two (2) years from the date of
approval of the final PUD with an associated subdivision, or two years from the date of approval
of any other final PUD, or if construction has been commenced but the work has been abandoned
for a period of one year or more, and if no extension of time has been granted as provided herein,
the authorization granted for the planned unit development project shall terminate and all permits
and approval issued pursuant to such authorization shall expire and be null and void.
The time period of commencing or continuing construction shall not include periods of
time during which commencement of construction or continuation of construction was
reasonably halted or reasonably delayed due to the filing of a pendency of legal action
challenging an approval granted by the City pursuant to this Section; however, in all cases, when
more than five years have elapsed subsequent to the date of approval of any other final PUD with
associated subdivision, or more than two years have elapsed subsequent to the date of approval
of any other final PUD the permittee shall be required to comply with all current building,
construction, subdivision and other applicable standards of the City; provided, that a change in
zoning district classification enacted subsequent to approval of the final development plan shall
not affect the project.
Subd. 19: Lots Subject to Final PUD. All lots or other divisions of a subdivided planned
unit development shall remain subject to compliance with the final development plan regardless
of the fact of subdivision in compliance with the Subdivision Ordinance or lot(s)/division(s) of a
subdivided PUD where subsequently conveyed.
Amended 03/2018
502.09-15
ORDINANCE 502 – ZONING ORDINANCE
Section 502.10: OFF STREET PARKING
Subd. 1: Intent. The off-street parking regulations of this Section are intended to provide
accessible, attractive, secure and well-maintained off-street parking and loading areas with the
appropriate number of spaces in proportion to the needs of the proposed use, increase public
safety by reducing congestion of public streets, The intent of this section of the zoning ordinance
is to establish general standards for off-street parking. The regulations provided herein shall
apply equally to all districts except where special provisions provide otherwise.
Subd. 2: Scope of Parking and Loading Requirements.
a) In all zoning districts, off-street parking facilities for the storage of motor vehicles
for the use of occupants, employees and patrons of the buildings or structures
hereafter erected, altered or extended after the effective date of this Ordinance
shall be provided and maintained as herein prescribed.
Subd. 3: General Parking Provisions.
a) Loading space shall not be construed as supplying off-street parking space.
Minimum parking dimensions shall meet the requirements of this Ordinance.
b) When units or measurements used in determining the number of required parking
spaces result in requirement of a fractional space, that fractional space shall be
rounded up to the next highest whole number.
c) Whenever a use requiring off-street parking is increased in floor area, and such
use is located in a building existing on or before the effective date of this
Ordinance, additional parking space for the additional floor area shall be provided
and maintained in amounts hereafter specified for that use.
d) For the purpose of this section, "Floor Area," in the case of offices, merchandising
or service types of uses, shall mean the gross floor area used or intended to be
used for services to the public as customers, patrons, clients or patients as tenants,
including areas occupied for fixtures and equipment used for display or sale of
merchandise, less ten (10) percent.
e) Off-street parking facilities for dwelling shall be provided and located on the
same lot or parcel of land as the building they are intended to serve.
f) When off-street parking is required, it shall be designated for that purpose and the
individual parking stalls appropriately striped.
g) Where a use is not specifically mentioned, off-street parking requirements shall be
502.10-1
ORDINANCE 502 – ZONING ORDINANCE
the same as for similar use.
h) In the B1, B2 and B3 zoning districts on land which contains existing buildings,
nothing in this section shall be construed to prevent collective provisions of off-
street parking facilities for two (2) or more buildings or uses provided,
collectively, such facilities shall not be less than the sum of the requirements for
the various individual uses computed separately in accordance with the table, and
Subdivision 4 below, said buildings or uses are within 350 feet of the parking
area.
i) To accommodate redevelopment and/or expansion of existing structures or uses
within the B-1 and B-2 zoning districts, the City Council may allow alternative
parking arrangements such as a parking stall lease agreement or the presence of
public parking. Alternately, the Applicant may provide a parking study
completed by a qualified professional demonstrating the proposed use is
adequately served by existing parking.
j) Nothing in this section shall prevent the extension of, or an addition to, a
building or structure into an existing parking area which is required for the
original building or structure when the same amount of space taken by the
extension or addition is provided by an enlargement of the existing parking area.
k) No curb cut access shall be located less than twenty (20) feet from the intersection
of two (2) or more street right-of-ways for residential uses, and thirty (30) feet for
commercial and industrial areas. This distance shall be measured from the
intersection of lot lines.
l) Curb cut openings, driveways, and parking pads shall be a minimum of six (6)
feet from the side property line, except that on corner lots shall have a side yard
setback of fifteen (15’) feet from the property line on the intersecting street and in
compliance with Subd. 3 k.
m) All properties shall be entitled to at least one (1) curb cut. All driveways are
required to have a curb cut and concrete apron. A permit and inspection is
required for installation of all driveway aprons. Single-family uses shall be
limited to one (1) curb cut access per property measuring no more than 24 feet in
width, along with three foot concrete aprons on each side for a total of 30 feet,
except that single-family corner lots may be allowed a second curb cut on the side
yard of the intersecting street of a neighborhood collector or local residential
street. Such curb cut access shall be prohibited on community collector and
arterials streets.
n) Driveways in residential areas which abut a hard surface roadway must be
constructed of a hard surface consisting of concrete, bituminous, or paver stone
designed to drain and dispose of surface water.
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 4: Required Off-Street Parking. The amount of required off-street parking space
for new uses or buildings, additions thereto and additions to existing buildings as specified
previously, shall be determined in accordance with the following, and the space so required and
shall be irrevocably reserved for such use, except these requirements shall not apply to uses in
existing buildings within the Central Business District of St. Joseph. The amount of required
off-street parking in the Central Business District for existing or new uses and improvements to
existing buildings which do not increase the area used for commercial or residential/rental use
shall be determined by the Planning Commission with approval by the City Council prior to the
issuance of a building permit. The amount of parking space required shall be based on the
anticipated demand for parking and loading space, the length of visits generated by the particular
business, and the availability of other parking spaces in the Central Business District. The
Central Business District shall be located within the boundaries of the official zoning map of the
City of St. Joseph.
a) Single family, two family, and townhome non-rental residential units. Two (2)
spaces per unit.
b) Boarding house, rooming house, bed and breakfast, multiple family dwellings and
rental residential dwellings. One and one-half (1 1/2) spaces for each single-
bedroom dwelling, two and one-half (2 1/2) spaces for each two-bedroom
dwelling, four (4) spaces for each three-bedroom dwelling, and an additional 1.25
spaces for each additional bedroom within the dwelling. Any bedroom larger
than 140 square feet shall be considered as two bedrooms for the purpose of
determining the total number of bedrooms within a dwelling. Fractional numbers
shall be rounded up to the next highest whole number.
c) Motels, hotels. One (1) space per each rental unit and one (l) space for each
employee on any shift.
d) Church, theater, auditorium, community center or similar places of assembly. At
least one (1) parking space for each four (4) seats based on the design capacity of
the main assembly hall.
e) Hospitals. Two (2) spaces per each bed.
f) Medical, chiropractic, dental clinics. Six (6) spaces per doctor/dentist.
g) Nursing Home. Long Term Care Facilities, Assisted Living Centers, Rest Homes
and Retirement Homes. One (l) space for each six (6) beds and one (l) for each
employee on the largest shift.
h) Elderly (senior citizen) housing. One (1) space per unit.
i) Fast Food restaurant and convenience food. At least one (l) parking space for
each fifty (50) square feet of gross floor area, plus one (1) space per employee,
plus six (6) off-street stacking spaces per drive-through lane.
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ORDINANCE 502 – ZONING ORDINANCE
j) Office buildings and professional offices, other than medical, chiropractic, or
dental clinics. One (1) space for each two hundred fifty (250) square feet of floor
area.
k) Bowling alley. At least five (5) parking spaces for each lane.
l) Automotive Service Station. At least three (3) parking spaces for each service
stall, plus one (1) space per each attendant of the largest shift.
m) Restaurants and cafes. At least one (1) space for each four (4) seats plus one (1)
space per two (2) employees.
n) Private clubs serving food and/or drinks, bars, taverns, nightclubs. At least one
(1) space for each one hundred (100) square feet of gross floor area, plus one (1)
space per employee on the largest shift.
o) Funeral home and Mortuary establishments. At least twenty (20) parking spaces
for each chapel or parlor, plus one (1) parking space for each funeral vehicle
maintained on the premises.
p) Manufacturing, fabricating or processing of a product or material. Three (3)
spaces per 1,000 square feet of gross floor area, plus one (1) space per 300 square
feet of floor area of office.
q) Car wash. (In addition to required stacking space.)
1. Automatic drive through, serviced. Ten (10) spaces per bay for stacking
purposes plus one (l) space for each employee on the maximum shift.
2. Self-service. Three (3) spaces per bay for stacking purposes, plus a
minimum of two (2) additional spaces.
r) Convenience/Gas Store. One (1) space per 250 square feet of net floor area.
s) Retail Business. One (1) space per two hundred and fifty feet (250) of net floor
area.
t) Shopping Center. Five (5) spaces per 1,000 square feet of net floor area.
u) Day Care/Nursery School. One per six (6) children plus one space per employee
on largest shift.
v) Warehousing, Wholesale & Distribution. One (1) space per 1,000 square feet of
gross floor area, plus one (1) space per 300 square feet of gross floor area of
office.
w) Mixed Uses. In the cases of mixed uses, the parking facilities required shall be the
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ORDINANCE 502 – ZONING ORDINANCE
sum of the requirements for the various individual uses, computed separately in
accordance with this Section. Parking facilities for one use shall not be considered
as providing the required parking facilities for any other use except that the
governing body may consider the joint use of a parking area (other than
residential) where it is known that because of a time element, the parking facilities
will not be needed by more than one of the uses thereof at one time.
x) Other Structures or Uses. For any and all uses or structures not specifically
provided for in the foregoing, such parking spaces as the governing body shall
determine to be necessary, considering all the parking generating factors involved.
y) Parking Study. The City Council may approve a “proof-of-parking” plan which
allows for a portion of the required parking, and demonstrates that the minimum
number of required parking spaces can be accommodated on the property and
meet setback requirements. The plan must demonstrate that all other applicable
ordinances can be met if the full amount of required parking were to be
constructed. The area for future parking must be maintained as green space
(sodded with grass or natural plant materials). Any changes to use and/or
building size could invalidate the approval for “Demonstrated Parking”.
Demonstrated parking may reserve the right to require installation of the
additional parking spaces.
Subd. 5: Parking Lot Standards. In all districts where off-street parking lots are
permitted or required such off-street parking shall be constructed and maintained
subject to the following regulations:
a) These standards shall not be applicable to parking provided for single family or
two family residences, public parks or other publicly owned property. Parking lot
standards for industrial uses may be subject to variance or modification by the
conditional use permit for the specific industrial use. In considering a request for
variance or modification, the City shall consider the location of the property, size
of the parking area, use of the parking area, adjacent property uses and the impact
on the general well being of the community. Alternative surfaces which may be
permitted in an industrial area are limited to Class 2 crushed granite which
conforms to the requirements of MN/DOT specification 3138 with visual
evidence of further consolidation.
b) Parking lots existing on or before January 1, l996, do not have to be brought into
compliance with these standards until such time as any of the following events
occur. (a) a new structure is constructed on the property served by the parking
lot; (b) an addition is constructed to any existing structure located on the property
served by the parking lot; (c) A change in use of the property served by the
parking lot occurs which results in a remodeling of the structure requiring the
issuance of a building permit.
c) Adequate ingress and egress shall be provided.
502.10-5
ORDINANCE 502 – ZONING ORDINANCE
d) Such parking lots shall be constructed and maintained in a useable condition, with
a hard surface consisting of concrete, bituminous, pavement or paver stone
designed to drain and dispose of surface water.
e) Whenever such parking lot boundary adjoins property zoned for residential use, a
setback of fifteen (15) feet from said lot line shall be required, and maintained.
f) Necessary curbs or other protection against damages to adjoining properties,
streets and sidewalks shall be provided and maintained. Concrete curbs to
MnDOT Design B612 specifications shall be used for all automobile stops
and for all drive and parking areas.
g) For the purpose of promoting redevelopment of property, parcels within the
Central Business District may be exempted from perimeter curbing requirements
provided:
1. The City Engineer finds the area is reasonably serviced by area storm water
structures/facilities.
2. The development application illustrates that:
i. Reasonable visual separation from adjoining properties, streets, and
sidewalks is provided and maintained through the employment of alternate
treatments such as landscaping or striping; or,
ii. The site is subject to a unified design/development that contains joint
parking or public parking facilities.
h) No sign shall be so located as to restrict the sight, orderly operation and traffic
movement within any parking area. Only signs necessary for the orderly
operation of traffic movement or parking regulation shall be permitted in any
parking area (e.g. visitor parking, deliveries, handicap parking). Such signs shall
not be considered part of the permitted advertising space and shall be subject to
signage regulations.
i) All parking lots shall be screened and landscaped from abutting residential uses or
districts by a wall, fence or densely-planted compact hedge or tree cover not less
than four (4) feet.
j) Except in the case of single-family, two-family, and townhouse developments,
parking areas shall be designed so that circulation between parking aisles or
driveways occurs within the designated parking lot and does not depend upon a
public street or alley and such design does not require backing onto the public
street.
k) A parking space shall be at least nine feet wide by twenty feet long (9’x 20’). In
areas where the parking space may accommodate for the overhang of the front or
rear bumper, such as the perimeter of the parking lot, the parking space may be a
minimum of nine feet by 18 feet (9’x 18’).
502.10-6
ORDINANCE 502 – ZONING ORDINANCE
l) Drainage and Surfacing. Driveways shall not exceed a grade of six (6) percent
and all parking lots except those for less than four (4) vehicles shall be graded
according to a drainage plan which has been approved by the City Engineer.
Catch basins, sumps and underground storm sewers may be required.
m) Striping. All lots for five (5) or more vehicles shall have the organization of
spaces painted on the surface according to the plan approved by the City.
n) Circulation. Lots shall be so designed that internal circulation shall be available
without utilizing the public street.
o) Maintenance. It shall be the responsibility of the lessee and/or owner of the
principal use, uses or building to maintain in a neat and adequate manner, the
parking area, striping, landscaping and screening.
p) Lighting. All lighting used to illuminate an off-street parking area shall be shaded
or diffused so as to reflect the light away from the adjoining property and away
from abutting traffic flow.
Subd. 6: Parking in the E/E Educational and Ecclesiastical District.
a) Parking intended to be used by students, guests, employees, the public, residents,
and visitors within the E/E District shall be illustrated on a Master Parking Plan
which is consistent with this Ordinance.
b) The number of parking stalls required may be reduced from the requirements of
this Ordinance provided a parking study by a qualified individual finds proposed
parking in adequate.
c) Areas suitable to accommodate emergency vehicles and accepted by the Fire
Marshal shall be required for each structure.
Subd. 7: Parking pads for Residential Units in All Zoning Districts
a) Any off-street parking facilities to residential uses shall feature improved surfaces
as defined in this Ordinance and shall be made part of or adjacent to the existing
driveway and/or located in the side yard. For the purposes of this section a
driveway shall be defined as a private way for vehicles leading from a public
right-of-way to an off-street parking facility.
b) Off –street parking facilities located in the side yard as defined in this code shall
be improved to provide a durable and dust-free surface consisting of concrete,
asphalt, pavers or similar materials. Class 5 material is not an accepted material.
Off-street parking shall not be permitted in easement areas.
c) Existing driveways not currently improved to a durable and dust free surface are
not required to be upgraded unless it is determined that the current driveway
502.10-7
ORDINANCE 502 – ZONING ORDINANCE
surface materials are washing into the public street causing a nuisance or a
building permit application is submitted for an improvement to the property. Any
expansion to an existing gravel driveway shall be improved to a hard surface
roadway and must be constructed of a hard surface consisting of concrete,
bituminous, or pavers which could be designed to drain and to dispose of surface
water.
d) In no circumstances shall the site coverage exceed the maximum impervious
surface for each specific zoning district. For R1, Single Family Zoning Districts,
the impervious surface shall not exceed the limits identified in section 502.30
subd. 9(b) of this code.
Subd. 8: Required Loading Berths. In connection with any structure which is to be
erected or substantially altered and which requires the receipt or distribution of materials or
merchandise by trucks or similar vehicles, with a gross floor area of five thousand (5,000) square
feet or more, there shall be off-street loading provided on the basis of the following:
Gross Floor Area Minimum required
square feet loading berths
5,000 to 16,000 1
16,000 to 40,000 2
40,000 to 70,000 3
70,000 to 100,000 4
each additional 40,000 1 additional
Loading space required under this Section shall be at least fifty (50) feet long and ten (10) feet
wide.
Amended 10/2018
502.10-8
ORDINANCE 502 – ZONING ORDINANCE
Section 502.11: SIGNS
Subd. 1: Purpose. The sign ordinance is intended to establish a comprehensive and
balanced system of sign control that accommodates the need for a well-maintained, safe, and
attractive community, and the need for effective communications including business
identification. It is the intent of this section to promote the health, safety, general welfare,
aesthetics, and image of the community by regulating signs that are intended to communicate to
the public, and to use signs that meet the City’s goals. The purpose and intent of this ordinance is
to:
a) Regulate the number, location, size, type, illumination and other physical
characteristics of signs within the city in order to promote the public health, safety
and welfare.
b) Establish standards which permit all persons the opportunity to display a wide
variety of messages; to preserve and protect the value of land, buildings and
landscapes and promote the attractiveness of the community; to ensure that signs
in the City are not a safety hazard to lives and/or property, to preserve order and
to encourage persons to erect permanent signs and discourage temporary and/or
portable signs.
c) Improve the visual appearance of the City while providing for effective means of
communication, consistent with constitutional guarantees and the City’s goals of
public safety and aesthetics.
d) Provide for fair and consistent enforcement of the sign regulations set forth herein
under the zoning authority of the City.
Subd. 2. Findings. The City of St. Joseph finds it is necessary for the promotion and
preservation of the public health, safety, welfare, and aesthetics of the community that the
construction, location, size, and maintenance of signs be controlled. The City Council hereby
finds as follows:
a) Exterior signs have a substantial impact on the character and quality of the
environment.
b) Signs provide an important medium through which persons may convey a variety
of messages.
c) Signs can potentially create traffic hazards, aesthetic concerns, and detriments to
property values, thereby threatening the public health, safety, and welfare.
502.11-1
ORDINANCE 502 – ZONING ORDINANCE
d) The city’s zoning regulations include the regulation of signs in an effort to
provide adequate means of expression and to promote the economic viability of
the business community, while protecting the City and its citizens from a
proliferation of signs of a type, size, and location that would adversely impact
upon the aesthetics of the community and threaten the health, safety and welfare
of the community. The regulation of the physical characteristics of signs within
the City has had a positive impact on traffic safety and the appearance of the
community.
Subd. 3: Effect. A sign may be erected, mounted, displayed, or maintained in the City if
it is in conformance with the provisions of this ordinance. The effect of this ordinance, as more
specifically set forth herein, is to:
a) Allow a wide variety of sign types in commercial zones, and a more limited
variety of sign types in other zones, subject to the standards set forth in this sign
ordinance.
b) Allow certain small, unobtrusive signs incidental to the principal use of a site in
all zones when in compliance with the requirements of this sign ordinance.
c) Prohibit signs whose location, size, type, illumination, or other physical
characteristics negatively affect the environment and where the communication
can be accomplished by means having a lesser impact on the environment and the
public health, safety and welfare.
d) Provide for the enforcement of the provisions of this sign ordinance.
Subd. 4: Severability. If any section, subsection, sentence, clause, or phrase of this Sign
Ordinance is for any reason held to be invalid, such invalidity shall not affect the validity or
enforceability of the remaining portions of this Sign Ordinance. The City Council hereby
declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or
phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses, or phrases be declared invalid.
Subd. 5: Definitions. The Following words and terms shall have the meanings ascribed
to them in this section:
a) Sign: Any writing, pictorial presentation, number, illustration or decoration, flag
or other device that is used to announce, direct attention to, identify, advertise, or
otherwise make anything known. The term “sign” shall not be deemed to include
the terms “building” or “landscaping,” or any architectural embellishment of a
building not intended to communicate information.
b) Awning sign: A sign constructed of flexible translucent or fabric-type material
that incorporates a written message or logo on the exterior.
502.11-2
ORDINANCE 502 – ZONING ORDINANCE
c) Balloon sign: A sign consisting of a bag made of lightweight material supported
by helium hot or pressurized air which is greater than twenty four 24 inches in
diameter.
d) Banner: attention-getting device which is of a nonpermanent paper, cloth, vinyl,
or plastic like consistency used to promote a specific community event.
e) Ballpark sign: a sign (1) securely attached to the outfield fences of a ballpark, (2)
whose content can only be viewed from the ‘in-play’ side of the fencing, (3)
whose size does not cause it to extend in any direction beyond the boundaries of
the fencing that supports it, (4) that poses no danger of cuts or other injury to
persons using said ballpark for its intended purposes, and (5) that does not
otherwise interfere with persons using said ballpark for its intended purposes.
f) Billboard. A free-standing sign which directs attention to a business, commodity,
service or entertainment not exclusively related to the premises where such is
located or to which it is affixed.
g) Canopy: a roof like cover often of fabric plastic metal or glass on a support which
provides shelter over a doorway.
h) Construction Sign: Any non-illuminated sign that
displays information regarding the construction or
development of the site on which it is displayed.
i) Directional Sign: A sign intended to facilitate the safe
movement of pedestrians and vehicles into, out of, and
around the site on which the sign is located.
j) Dynamic Sign: Any characteristics of a sign that appear
to have movement or that appear to change, caused by any method other than
physically removing and replacing the sign or its components, whether the
apparent movement or change is in the display, the sign structure itself, or any
other component of the sign. This includes a display that incorporates a
technology or method allowing the sign face to change the image without having
to physically or mechanically replace the sign face or its components. This also
includes any rotating, revolving, moving, flashing, blinking, or animated display
and any display that incorporates rotating panels, LED lights manipulated through
digital input, “digital ink,” or any other method or
technology that allows the sign face to present a series of
images or displays.
k) Freestanding Sign: Any sign not affixed to a building
including but not limited to a ground sign, or monument
sign.
502.11-3
ORDINANCE 502 – ZONING ORDINANCE
l) Flashing Sign: a directly or indirectly illuminated sign which exhibits changing
light or color effect by any means so as to provide intermittent illumination which
includes the illusion of intermittent flashing light by means of animation. Also
any mode of lighting which resembles zooming, twinkling, or sparkling.
m) Height of Freestanding Sign: actual distance from the average horizontal grade at
the base of the sign to the highest point of the sign, including any structure or
architectural component of the sign.
n) Illuminated Sign: any sign which has characters, letter figures, designs, or outlines
illuminated by electric lights or luminous tubes as part of the sign proper or by
indirect lighting.
o) Marquee: any permanent roof like structure projecting beyond a building or
extending along and projecting beyond the wall of that building generally
designed and constructed to provide protection from the weather.
p) Mobile Sign (Portable Sign): any sign designed or intended
to be moved or transported by trailer or on wheels. A sign
may be a mobile sign even it if has wheels removed, was
designed without wheels, or is attached temporarily to the
ground, a structure, or other sign.
q) Monument Sign: any free standing sign in which the entire
base of the sign structure is in contact with the ground,
providing a solid and continuous background for the sign.
r) Off-premise sign: any sign which directs the attention of the
public to a business, activity conducted, or product sold or offered at a location
not on the same lot where such sign is located. For purposes of this sign
ordinance, easements and other appurtenances shall be considered to be outside
such lot and any sign located or proposed to be located in an easement or other
appurtenance shall be considered an off-premise sign.
s) Painted Sign: any sign painted directly on the outside wall or roof of a building or
on a fence, rock, or similar structure or feature in any zoning district.
t) Pole Sign: see Pylon Sign.
u) Portable Sign: see Mobile Sign.
v) Projecting Sign: any wall sign that protrudes horizontally
more than one (1) foot from the wall to which it is attached.
502.11-4
ORDINANCE 502 – ZONING ORDINANCE
w) Pylon Sign: any freestanding sign which has its supportive structures anchored in
the ground and which has a sign face elevated above ground level by poles or
beams and with the area below the sign face open.
x) Sandwich Board Sign: any freestanding sign which is composed of two pieces of
flat, rigid material in the shape of a square or rectangle that are hinged at the top
and whose bottom edges rest on the ground so as to create a triangular shape
when being displayed.
y) Shimmering Signs: any sign which reflects an oscillating, sometimes distorted,
visual image.
z) Temporary Sign: any sign that is not permanently affixed to
the ground, a sign that is not permanently affixed to any other
permanent structure that is in turn affixed to the ground, or a
sign that is capable of being moved by mechanical or non-
mechanical means, including sandwich board signs.
aa) Wall: any structure which defines the exterior boundaries or
courts of a building or structure and which has a slope of sixty (60) degrees or
greater with the horizontal plane.
bb) Wall Sign: any building sign attached parallel to, but within eighteen (18) inches
of a wall, painted on the wall surface of, or erected and confined within the limits
of an outside wall of any building or structure, which is supported by such wall or
building, and which displays only one (1) sign surface.
cc) Window Sign: any sign placed on the interior of a
window or painted on a window such that it can be read
from the outside of the building.
Subd. 6: Permit Required. No sign shall be erected, altered, reconstructed, maintained or moved
in the city without first securing a permit from the city. The Zoning Administrator shall approve
or deny the sign permit in an expedited manner no more than 60 days from the receipt of the
complete application, including applicable fee. All permits not approved or denied within 60
days shall be deemed approved. If the permit is denied, the issuing authority shall prepare a
written notice of denial within 10 days of its decision, describing the applicant’s appeal rights
and send it by certified mail, return receipt requested, to the applicant. The content of the
message or speech displayed on the sign shall not be reviewed or considered in determining
whether to approve or deny a sign permit. Application for a permit shall be in writing, addressed
to the Zoning Administrator, and shall contain the following information:
a) names and addresses of all applicants and/or owners of the sign and subject
property;
502.11-5
ORDINANCE 502 – ZONING ORDINANCE
b) the address at which any signs are to be erected;
c) the lot, block, and addition at which the signs are to be erected and the street on
which they are to front;
d) a complete set of plans, showing the necessary elevations, distances, size, and
details to fully and clearly represent the construction and place of the signs;
e) the cost of the sign;
f) type of sign (i.e. wall sign, monument sign, etc.);
g) certification by applicant indicating the application complies with all
requirements of the sign ordinance; and
h) if the proposed sign is along a state trunk highway or interstate highway, the
application shall be accompanied by proof that the applicant has obtained a permit
from the state for the sign.
i) Fee. A fee set forth by resolution applies to a permit for signs and shall be
submitted with the required application.
Subd. 7: General Provisions. The following regulations shall apply to all signs hereafter
permitted:
a) Signs shall not be permitted within the public right of way or easements, except as
erected by an official unit of government or public utilities for the direction of
traffic or necessary public information, unless approved by the appropriate
government entity or as set forth in Subd. 26 of Section 502.11, as may be
amended, and pertaining to community event banners.
b) The design and materials of any sign shall be consistent with the building
materials requirements of the district in which the sign is located, and shall be the
same as, or compatible with, the materials and design of the principal building(s)
on the property.
c) Signs shall not be constructed or maintained in a manner which obstructs traffic
visibility.
d) No sign shall be placed that resembles any official marker erected by a
governmental agency or shall display such words as “stop” or “danger.”
e) No sign shall be permitted to obstruct any window, door, fire escape, stairway or
opening intended to provide light, air, ingress, or egress for any building or
structure.
502.11-6
ORDINANCE 502 – ZONING ORDINANCE
f) One (1) sign, regardless of its type, shall be permitted on each parcel of property
in any residential district, and such signs shall be limited to an overall area of six
(6) square feet.
g) The following types of signs are not permitted in any residential district:
1. Awning signs
2. Marquee signs
3. Balloon signs
4. Pole signs
5. Canopy signs
6. Pylon signs
7. Flashing signs
8. Shimmering signs
9. Wall sign
h) Pylon signs and off-premise signs shall only be permitted in the designated
corridors included in Exhibit “A” of this Ordinance.
i) Monument Signs: The base of the sign shall be constructed of a permanent
material such as concrete, block, or stone. The sign face shall occupy at least 50%
of the monument sign. Signs shall be the same as, or compatible with, the
materials and design of the principal building(s) on the property.
j) Signs which may be or may hereafter become rotted, unsafe, or unsightly shall be
repaired or removed by the property owner or lessee of the property upon which
the sign stands upon notice by the Building Inspector. The owner, lessee, or
manager of any sign that contacts the ground and the owner of the land on which
the same is located shall keep grass, weeds, and other growth cut and shall
remove all debris and rubbish from the lot on which the sign is located. If the
owner, licensee, or lessee of the property fails to act in accordance with this
paragraph, the City may remove the sign in question upon the direction of the
City Council, and all costs incurred for removal may be charged to the owner of
the sign and if unpaid, certified to the County Auditor as a lien against the
property on which the sign was located.
k) No sign shall project more than three (3) feet over a public sidewalk and shall be a
minimum of ten (10) feet above the average ground level directly beneath the
sign.
502.11-7
ORDINANCE 502 – ZONING ORDINANCE
l) Signs shall not be located on the roof of a building.
m) Signs that are painted directly on the surface of a building may be permitted in
business zoning districts provided that the area of the painted sign be calculated as
part of the maximum total permitted wall sign area for the building.
n) No sign shall violate the side or rear yard setback requirements of the district in
which it is placed. No sign shall be placed within ten (10) feet of a front lot line.
o) Except for monument signs and temporary signs, the surface area of the base of
any sign shall not exceed 25% of the face area unless structural engineering
illustrates the face cannot meet the wind loading requirements of the Building
Code.
p) Ballpark signs shall be allowed only on those ballparks that are primarily used to
host baseball and/or softball games.
Subd. 8: Illuminated Signs: Illuminated signs shall be shielded to prevent lights from
being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and
may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any
adjacent properties, building, or streets.
Subd. 9: Square footage Calculation (Total Area= A x B):
a) For wall signs, the area of a sign shall be that area within the marginal lines
created by the sign surface which bears the advertisement or, in the case of
messages, figures, or symbols attached directly to the part of a building, which is
included in the smallest rectangular figure which can be made to circumscribe the
message, figure, or symbol displayed thereon.
b) For monument signs, area shall be calculated as for wall signs. Structural
members of the sign, including supports or other decorative features shall not be
considered as a part of the measured sign area:
1. For pylon signs, the entire area of the sign face or cabinet shall be
considered as a part of the measured sign area. Structural supports,
provided that they have no message or other graphics, shall be exempt
from the area calculation.
Subd. 10: Landscaping: A site plan shall be submitted as part of any application for a
freestanding sign which includes plans for the landscaping of the area near the sign, and which
demonstrates that the sign will complement the existing or proposed general site landscaping of
the property.
Subd. 11: Vehicle Fuel Facilities: Signs for vehicle fuel facilities shall be regulated by the
sign provisions for the zoning district in which the facility is located, except that within a
502.11-8
ORDINANCE 502 – ZONING ORDINANCE
freestanding sign, an area not to exceed sixteen (16) square feet shall be allowed for continuous
display (no flashing, scrolling or other animation) of electronic or non-electronic changeable
copy identifying current fuel prices in accordance with Minnesota State Statutes Section
239.751, as may be amended.
Subd. 12: Dynamic Displays
a) Findings: Based on studies related to the use of dynamic sign displays and driver
distraction, the City finds that dynamic signs, as defined by this Section have a
unique potential to create driver distraction, a major cause of traffic crashes. As a
result, the City has adopted special regulations that relate to such signs. These
regulations shall apply to all dynamic signage in the City, whether new or
existing, conforming or non-conforming at the time of adoption of this Ordinance.
b) Regulations governing Dynamic Sign Displays:
1. Dynamic sign displays shall have messages that change instantaneously,
and do not fade, dissolve, blink, or appear to simulate motion in any way.
Prohibited blinking signs shall include signs which are displayed as
continuous solid messages for less than the time required by subpart (d) of
this subsection below. The exception to this regulation is the allowance of
messages that appear to scroll horizontally across the sign, but are
otherwise in compliance with the requirements of this ordinance.
2. Dynamic sign displays shall not be permitted in any of the following
areas:
a. Residential zoning districts
b. B-1 Zoning District
c. Downtown Service Signage area as defined in Subd. 21 of this
Ordinance, except for those properties zoned B-2 and B-3.
3. Dynamic sign displays shall be permanent signs.
4. No dynamic sign display shall change more than one time per three (3)
second period.
5. Dynamic sign displays shall be no brighter than other illuminated signs in
the same district.
6. Dynamic sign displays shall be designed to freeze the display in the event
of malfunction, and the owner shall discontinue the display immediately
upon malfunction, or upon notice from the City that the display violates
the City’s regulations.
7. No dynamic sign display shall be permitted to be located in a yard or on
the side of a building which abuts a residentially zoned parcel.
502.11-9
ORDINANCE 502 – ZONING ORDINANCE
Subd. 13: Temporary Signs.
a) Fee. A fee set forth by resolution applies to a permit for temporary or portable
signs.
b) Maximum Size. The maximum size of a portable or temporary sign is sixty-four
(64) square feet; except that the maximum size of a portable or temporary sign in
any residential zoning district is limited to six (6) square feet.
c) Duration. The duration of time that a portable or temporary sign can be located
on a property is limited to forty (40) days in any one calendar year only after
application has been approved for location and placement.
d) Illuminated Signs. Illuminated signs, whether temporary or portable, shall have a
recognized seal of approval of listing from Underwriters Laboratories Inc. (UL)
or other recognized electrical standard and installed in conformance with the
listing or, if more restricted, the National Electrical Code as adopted by the State
of Minnesota.
e) One Sign Per Parcel. There shall be no more than one temporary or portable sign
per parcel of property. In the event that there are multiple tenants on a single
parcel of property on which temporary or portable signs are allowed, not more
than two portable signs shall be located on the parcel at any given time. One
portable sign will be allowed per strip mall site within the B-2 district.
f) Ground Fault Circuit Interpreters. The internal wiring of an illuminated outdoor
sign that is temporary or portable and readily accessible shall be supplied from,
and protected by, ground fault circuit interpreters.
g) Extension Cords. Extension cords used to supply power to portable or temporary
signs shall be enclosed in metal conduit or elevated at least nine (9) feet above the
ground to prevent tripping or electrical hazards.
h) Anchors. Anchors for portable or temporary signs shall be subject to approval by
the Building Inspector and maintained to prevent displacement or tipping over
during high winds.
Subd. 14: Exemptions. The following sign shall not require a permit. This exemption,
however, shall not be construed as relieving the owner of the sign from the responsibility of its
erection and maintenance, and its compliance with the provisions of this ordinance or any other
law or ordinance regulating the same. The exemption is as follows: The changing of the display
surface on a painted or printed sign only. This exemption, however, shall apply only to poster
replacement and/or on-site changes involving sign painting elsewhere than directly on a building.
Subd. 15: Design Standards for Residential Zoning Districts. The general provisions of
Section 502.11 apply to all signs within Residential Zoning District. In addition the following
standards apply.
502.11-10
ORDINANCE 502 – ZONING ORDINANCE
a) General Provisions applying to all residential zoning districts:
1. No sign shall be placed closer than ten feet (10’) to any front property line,
except direction signs which have a zero-foot (0’) setback. No sign shall
be placed within a required side or rear setback.
2. No sign shall be placed in any required interior side yard.
3. No sign shall be mounted on the roof of a building.
4. Flashing or rotating signs resembling emergency vehicles shall not be
permitted.
5. Illuminated signs are not allowed.
b) R-1 Single Family Residence District and R-2 Two Family Residential District:
1. No advertising or business signs shall be permitted, except signs
advertising a permitted home occupation limited to an overall area of six
(6) square feet.
2. Subdivision Monument Sign: One unlighted sign having a surface area not
exceeding fifty square feet (50’) per face with an aggregate total of one
hundred (100) square feet and a height not exceeding eight feet (8’) per
vehicle entrance identifying each subdivision or housing development.
Such signs are subject to the following provisions:
A. Landscaping must be provided around the base of the sign.
B. The entrance to a development shall be one that abuts a collector or
arterial road.
c) R-3 Multiple Family Residential District and R-4 Townhouse/Patio Home
Residential District and R-5 Supportive Care District:
1. No advertising or business signs shall be permitted, except signs
advertising a permitted home occupation limited to an overall area of six
(6) square feet.
2. Subdivision Monument Sign: One unlighted sign having a surface area not
exceeding fifty square feet (50’) per face with an aggregate total of one
hundred (100) square feet and a height not exceeding eight feet (8’) per
vehicle entrance identifying each subdivision or housing development.
Such signs are subject to the following provisions:
A. Landscaping must be provided around the base of the sign.
502.11-11
ORDINANCE 502 – ZONING ORDINANCE
B. The entrance to a development shall be one that abuts a collector or
arterial road.
3. One area identification sign for each multiple-residential complex
consisting of three or more units.
A. Such signs shall have a surface area of all faces not exceeding an
aggregate of fifty (50) square feet.
B. The height of the sign shall not exceed eight (8) feet.
C. Landscaping must be provided around the base of the sign.
4. Wall Sign: One wall sign shall be allowed for the purpose of street
identification. Such sign cannot exceed twelve (12) square feet.
Subd. 16: Permitted On Premise Signs; Business Districts. On-premise identification,
business or area identification signs are permitted. Nearby residents shall be protected from
direct light if these signs are illuminated. The following provisions apply to all Business
Districts.
a) Wall Signs. Each tenant other than those in multi-tenant buildings may have one
flat wall sign. Such signage may extend from the face of the roof over a covered
walk. Such wall signs shall not exceed the maximum allowed in each zoning
district as defined in this Ordinance.
b) Monument Signs. Each tenant other than those in multi-tenant buildings may
have a monument sign that shall not exceed the maximum allowed in each zoning
district as defined in this Ordinance and twenty (20) feet in height, and is setback
a minimum ten (10) feet from the property lines.
c) Multi-Tenant Wall Signs. Each tenant in a multi-tenant building may have a flat
wall sign. Such multi-tenant wall signs shall not exceed the maximum allowed in
each zoning district as defined in this Ordinance
d) Multi-Tenant Monument Signs. One (1) monument sign shall be permitted for
each multi-tenant building provided the surface area of the sign does not exceed
one-hundred (100) square feet, per side, and twenty (20) feet in height, and is
setback in no case less than ten (10) feet from the property lines. The area may be
increased to a maximum of one hundred and fifty (150) square feet per side for
developments of over twenty (20) acres.
e) Canopies and Awnings. The design of canopies shall be in keeping with the
overall building design in terms of location size and color. No canopies with
visible wall hangers shall be permitted. Signage on canopies may be substituted
for allowed building signage and shall be limited to 25% of the canopy area.
502.11-12
ORDINANCE 502 – ZONING ORDINANCE
Internally-illuminated canopies must be compatible with the overall color scheme
of the building.
f) Signs affixed to principal or accessory structures shall be composed of materials
or textures similar to those of the exterior façade to which they are affixed.
Subd. 17: B-1: Central Business District: In the B-1 Central Business District the
following standards apply.
a) Business signs may be erected and maintained in conjunction with a commercial
use provided:
1. Freestanding signs shall have a surface area not exceeding fifty (50)
square feet per sign face with an aggregate total not to exceed one-hundred
(100) square feet if double faced.
2. Such sign except a directional sign, is erected only on the premise on
which the use, to which the sign relates, is conducted.
3. Notwithstanding the above, where two or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates. For the purpose of this
subdivision, a combination of two or more business operations within a
single structure includes, but is not limited to, shopping centers, shopping
malls, and subdivided retail, office or industrial buildings offered for lease
or condominium ownership.
4. All freestanding Business Signs shall be landscaped around the base.
Except for monument signs, the surface area of the base of any Business
Sign shall not exceed twenty-five (25) percent of the face area unless
structural engineering illustrates the face cannot meet the wind loading
requirement of the Building Code.
b) Projecting signs are allowed in the B-1 District directly adjacent to Minnesota
Street and College Avenue provided:
1) The projecting sign does not extend beyond the first floor of the
building.
502.11-13
ORDINANCE 502 – ZONING ORDINANCE
2) No less than ten (10) feet of clearance is provided between the
highest point of the sidewalk and the lowest point of the projecting
sign.
3) Cumulative projecting sign area is not greater than twelve (12)
square feet and maximum sign width not greater than three (3) feet.
4) Maximum distance between a projecting sign and the building face
doesn’t exceed one (1) foot.
c) Sandwich Board Signs are allowed only in the B-1 District directly adjacent to
Minnesota Street and College provided:
1) No more than one (1) sandwich board sign shall be allowed for
each tenant on a parcel of property.
2) The sandwich board sign does not exceed thirty-six (36) inches in
height or thirty (30) inches in width.
3) The sign is displayed only during normal operating hours of the
business on the parcel of property on which the sign is located.
4) The sign does not require any form of electricity or display lights
or moving parts.
5) That such signs do not block driveways, entryways or pedestrian
accesses, do not significantly occlude the sidewalk and/or do not
impact sightlines/view at street intersections.
6) The sign is made of weather and wind resistant materials of
superior quality.
7) The sign is not affixed to the sidewalk, other signage, or temporary
or permanent structure.
8) The maximum aggregate square footage of allowable sign area is
not exceeded.
9) The sign owner provides proof of liability insurance listing the
City as an additional insured and holding the City harmless at the
same time it applies to the City for a permit for the sign.
d) Wall Signs may be placed or painted against the exterior wall or surface of a
building or structure and are subject to the following regulations:
1. Wall Signs shall not project above a roof.
502.11-14
ORDINANCE 502 – ZONING ORDINANCE
2. Wall Signs shall not exceed one (1) square foot per lineal lot front foot or
fifteen percent (15%) of the building frontage area, or fifty (50) square
feet whichever is the lesser.
e) Maximum Freestanding Sign height is twenty (20) feet above ground.
Subd. 18: B-2 Highway 75 Business District: In the B-2 Highway 75 Business District,
the general provisions of Section 502.11 apply to all signs. In addition, the following standards
apply.
a) Freestanding Signs may be erected and maintained provided:
1. Signs shall have a surface area not exceeding one hundred (100) square
feet per sign face with an aggregate total not to exceed two hundred (200)
square feet if double faced.
2. Such sign except a directional sign is erected only on the premise on
which the principal use, to which the sign relates, is conducted.
3. Notwithstanding the above, where two (2) or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates.
For the purpose of this subdivision, a combination of two (2) or more
business operations within a single structure includes, but is not limited to,
shopping centers, shopping malls, and subdivided retail, office or
industrial buildings offered for lease or condominium ownership.
4. All Freestanding Signs shall be landscaped around the base. Except for
monument signs, the surface area of the base of any Freestanding Sign
shall not exceed twenty-five (25) percent of the face area unless structural
engineering illustrates the face cannot meet the wind loading requirement
of the Building Code.
5. The maximum height of a Freestanding Sign shall be twenty (20) feet.
b) Wall signs may be placed or painted against the exterior wall or surface of a
building or structure and are subject to the following regulations:
1. That the wall sign does not exceed one fifteen percent (15%) of the
building frontage area or seventy-five (75) square feet, whichever is the
502.11-15
ORDINANCE 502 – ZONING ORDINANCE
greatest.
2. Wall signs shall not project above the roof.
Subd. 19: B-3 General Business District: The general provisions of Section 502.11 apply
to all signs within the B-3 General Business District. In addition, the following standards apply.
a) Wall Signs. Wall signs may be placed or painted against the exterior wall or
surface of a building or structure and are subject to the following regulations:
1. That the wall sign does not exceed one and one half (1 1/2) square feet per
lineal lot front foot or fifteen percent (15%) of the building frontage area
or seventy-five (75) square feet, whichever is the greatest.
2. Wall signs shall not project above the roof.
b) Freestanding Signs may be erected and maintained in conjunction with a principal
use provided:
1. Signs shall have a surface area not exceeding one hundred (100) square
feet per sign face with an aggregate total not to exceed two hundred (200)
square feet if double faced.
2. Such Freestanding Sign, except a Directional Sign, is erected only on the
premise on which the principal use, to which the sign relates, is conducted.
Off Premise Signs are prohibited.
3. Notwithstanding the above, where two (2) or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates.
For the purpose of this subdivision, a combination of two or more business
operations within a single structure includes, but is not limited to,
shopping centers, shopping malls, and subdivided retail, office or
industrial buildings offered for lease or condominium ownership.
4. All Freestanding Signs shall be landscaped around the base, shall blend
into the natural features of the lot on which they are contained and shall be
consistent with the master landscaping plan of the development.
5. Except for Monument Signs, the surface area of the base of any
502.11-16
ORDINANCE 502 – ZONING ORDINANCE
Freestanding Sign shall not exceed twenty-five (25) percent of the face
area unless structural engineering illustrates the face cannot meet the wind
loading requirement of the Building Code.
6. The maximum height of a Freestanding Sign shall be twenty (20) feet.
c) The following signs are prohibited in the B-3 General Business District:
1. Portable/Mobile/Magnetic Signs
2. Beacons, banners, pennants, search lights, and streamers
3. Flashing or Blinking Signs
4. Roof Signs, except those affixed to parapets.
5. Off-Premise Signs
d) Architectural and Design Standards.
1. Principal buildings shall feature sign bands as an integral part of the
exterior architecture. Signs affixed to principal structures shall be placed
within said sign bands and the bands shall not exceed the maximum sign
height allowed in this section.
2. Signs affixed to the principal or accessory structures shall be composed of
materials or textures similar to those of the exterior façade to which they
are affixed.
3. Building sign and color palettes shall be analogous with a color employed
on the facade to which they are affixed. Analogous colors are those that
are next to each other on a color wheel as opposed to complementary
colors which are opposite of one another on the color wheel.
e) Master Sign Plan Required for Multiple Tenant Occupancies.
1. Master sign plans are required for all multiple tenant developments and/or
structures.
2. Sign placement and material for multiple tenant signs shall be uniform and
consistent with the development.
3. All signs contained in the Master Sign Plan shall conform to the
architectural, design, location, and performance standards of the
Ordinance.
f) Comprehensive Sign Plan – Special Use Permit.
502.11-17
ORDINANCE 502 – ZONING ORDINANCE
1. The comprehensive sign plan special use process is only applicable to the
B-3 District and is an alternative to the strict adherence of the regulations
contained in this Ordinance.
2. Applicants may request a special use permit, as provided by Section
502.07 of the City Code, as may be amended, to allow signage which is
not in strict compliance with the provisions of the B-3 District applicable
to signage but which is appropriate to the character of the development.
3. The comprehensive sign plan special use permit process is intended to
encourage a flexible procedure to review area-wide signage plans that:
A. Are appropriately related to the overall character of the development.
B. Provide adequate identification and information.
C. Maintain an acceptable visual environment.
D. Promotes traffic safety.
E. Are consistent with the purpose and intent of this Ordinance.
4. The comprehensive sign plan special use permit, or any modification
thereto, may contain such conditions, requirements or standards that may
be stipulated by the City Council to assure that signs covered by the plan
will not be detrimental to persons or property in the vicinity, or to the
public welfare.
5. The City Council shall only consider approval of a comprehensive sign
plan after receiving a recommendation from the Planning Commission.
6. Criteria for Special Use Permit review:
A. Consistency with the Architectural and Design Standards
contained in this Ordinance.
B. Sign Location and position: All signs shall be placed where they
are sufficiently visible and readable for their function. Factors to
be considered shall include:
i. The purpose of the sign,
ii. Its location in relation to traffic movement and access
points,
iii. Its location in relation to site features and structures, and
iv. Sign orientation relative to viewing distances and viewing
angles.
502.11-18
ORDINANCE 502 – ZONING ORDINANCE
C. Quantity
i. The quantity of signs approved under a special use permit
shall be no greater than that required to provide project
identification and entry signs, internal circulation and
directional information to destinations and development
sub-areas, and business identification. Factors to be
considered shall include the size of the development, the
number of development sub-areas and the division or
integration of sign functions.
ii. The number of signs approved under a special use permit
shall in no case exceed one hundred and twenty-five (125)
percent of that allowed under the traditional review process
within the B-3 District.
D. Size
i. Signs shall be larger than necessary for visibility and
readability. Factors to be considered in determining
appropriate size shall include topography, volume of
traffic, speed of traffic, visibility range, proximity to
adjacent uses, amount of sign copy, placement of display
(location and height), lettering style and the presence of
distractive influences.
ii. No sign approved shall exceed the maximum height
standard for signs contained in the B-3 District by more
than fifty (50) percent.
iii. No sign or combination of signs approved under a special
use permit shall exceed one hundred twenty-five (125)
percent of the maximum area standard allowed on the site
through the traditional review process.
E. Review Process. The review process shall be as prescribed in
Section 502.07 of the St. Joseph City Code relating to the processing
of conditional use permits as may be amended.
F. Comprehensive Sign Plan Amendments. Minor amendments to
comprehensive sign plans allowed under a Special Use Permit shall
be reviewed by the Zoning Administrator and do not require a public
hearing provide the proposed changes:
i. The proposed signage change meets all standards
prescribed in the Special Use Permit.
ii. The proposed signage change meets all other standards or
requirements set forth in this section of the City Code.
iii. The proposed signage change will not increase the number
of signs, the height of signs or the sign area authorized
502.11-19
ORDINANCE 502 – ZONING ORDINANCE
under the application Conditional Use Permit.
Subd. 20: LI- Light Industrial District: The general provisions of Section 502.11 apply to
all signs within the LI Light Industrial District. In addition, the following standards apply.
a) Wall Signs. Wall signs may be placed or painted against the exterior wall or
surface of a building or structure and are subject to the following regulations:
1. That the wall sign does not exceed one (1) square feet per lineal lot front
foot or fifteen percent (15%) of the building frontage area or seventy-five
(75) square feet, whichever is the greatest.
2. Wall signs shall not project above the roof.
b) Freestanding Signs
1. Freestanding Signs shall have a surface area not exceeding one hundred
(100) square feet per sign with an aggregate total not to exceed two
hundred (200) square feet if double faced.
2. Such sign except a directional sign is erected only on the premises on
which the principal use, to which the sign relates, is conducted.
3. Notwithstanding the above, where two (2) or more separate and individual
commercial operations are conducting business in separate areas of a
single building or structure, in which each operation owns or leases
separate and individual premises, but share in the use and maintenance of
common areas within or around the structure, then and in those
circumstances, each individual business operation may be permitted to
display an individual business sign as provided in subdivisions a) and b),
except that said sign must be directly attached to that particular premises
actually occupied by the business operation to which the sign relates. In
addition to these individual business signs, the combination of business
operations occupying the structure, may maintain a fifty (50) square foot
sign detached from the structure identifying the structure, the individual
business operations located therein, or other reference to the combination
of business operations located within the structure. For purposes of this
subdivision, a combination of two or more business operations within a
single structure includes, but is not limited to, shopping centers, shopping
malls, and subdivided retail, office or industrial buildings offered for lease
or condominium ownership.
4. All Freestanding Signs shall be landscaped around the base. Except for
monument signs, the surface area of the base of any Freestanding Sign
shall not exceed twenty-five (25) percent of the face area unless structural
engineering illustrates the face cannot meet the wind loading requirement
of the Building Code.
502.11-20
ORDINANCE 502 – ZONING ORDINANCE
5. The maximum height of a Freestanding Sign shall be twenty (20) feet.
Subd. 21: Downtown Service Signage Area.
a) The City recognizes a need to give motorists general and directional information
in the densely developed, pedestrian oriented core of the City in a concise and
convenient manner. The pedestrian-oriented core is separate and distinct from
vehicular oriented or residential corridors elsewhere in the City. The intense
pattern of structural development, the volume of pedestrian activity, the mix of
property uses, and activities occurring 24-hours a day may inhibit conveyance of
important messages within the pedestrian-oriented core. To provide a means of
effective communications the City hereby establishes a ‘Downtown Service
Signage Area’.
b) The Downtown Service Signage Area is illustrated on the Downtown Service
Signage Area Map which is hereby incorporated by reference. The area illustrated
in the map is described as: those lots fronting on College Avenue and Minnesota
Street from a point beginning on College Avenue at the southern terminus of the
intersection with CSAH 75, extending south on College Avenue to the
intersection of College Avenue and Minnesota Street and then proceeding west
along Minnesota Street to the intersection with CSAH 2 as it traverses in a
north/south fashion. All four quadrants of the intersection at College Avenue and
Minnesota Street are included in the map area. Areas north of the intersection of
College Avenue and CSAH 75 are not included in the Downtown Service Signage
Area.
c) Off-premise signs shall be permitted by Conditional Use Permits on lots which
front on the routes described in the Downtown Service Signage Area Map. Front
footage shall be as defined in the City Code, Section 502.04 (Rules and
Definitions) as may be amended. The standards contained in Section 502.07 and
related to special use permits apply.
d) Off-premise signs shall be ‘monument signs’ as defined in Subdivision 5 of
Section 502.11 as may be amended. Pylon signs are prohibited.
e) Off-premise signs shall not exceed twenty (20) feet in height or fifty (50) square
feet in area per sign face.
f) Off-premise signs are limited to two sides (i.e. sign faces) and one monument
base.
g) No off-premise sign shall be permitted within five hundred (500) feet of an
adjoining residential district, any property being guided by the Future Land
Use Map as residential or any public park, school, library, church, or
government building.
502.11-21
ORDINANCE 502 – ZONING ORDINANCE
h) In no case shall any off-premise signs be placed on the roof of a building or
structure.
i) Off-premise signs shall be maintained in good, upright condition and sign faces
shall be kept free of sagging or peeling.
j) Off-premise signs shall be in composed of materials or textures reasonably similar
in quality to facades in the immediate vicinity of said sign.
k) The City may require off-premise signs be similar is shape, design, and material
components so as to promote and retain visual continuity and a sense of place
within the Downtown Service Area. Said shape, design, and material components
may be represented in a standard developed by the City and hereby incorporated
by reference.
Subd. 22: Portable Signs.
a) Definition. A portable sign is one that is movable from one location to another
and is not permanently affixed to the ground, sales display device, or structure.
b) Permit Required. A business seeking to use or display a portable sign shall
obtain a permit from the City for the period of display. Permits will specify the
length of time the sign will be displayed, location of the sign, and business
applying to use the sign.
c) Length of Use. The duration of time a portable sign can be located on a
property is limited to a maximum of forty (40) days in any one calendar year.
d) Size. A portable sign shall not exceed 50 square feet which accounts for all
letters, numbers and attachments; excluding material required to support the
sign.
Subd. 23: Non-Conforming Signs: Compliance. It is recognized that signs exist within
the zoning districts which were lawful before this sign ordinance was enacted, but will be
prohibited under the terms of this section. It is the intent of this sign ordinance that
nonconforming signs shall not be enlarged upon or expanded, nor be used as grounds for adding
other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign
ordinance to permit legal nonconforming signs existing on the effective date of this sign
ordinance to continue as legal nonconforming signs provided such signs are safe, are maintained
so as not to be unsightly, and have not been abandoned or removed subject to the following
provisions:
a) No sign shall be enlarged or altered in a way which increases its nonconformity.
b) If the use of the nonconforming sign or sign structure is discontinued for a period
of one year, the sign or sign structure shall not be reconstructed or used except in
conformity with the provisions of this ordinance.
502.11-22
ORDINANCE 502 – ZONING ORDINANCE
c) Should such nonconforming sign or sign structure be damaged or structure be
destroyed by any means to an extent greater than fifty (50) percent of its market
value and all required permits for its reconstruction have not been applied for
within 180 days of when the sign or sign structure was damaged, it shall not be
reconstructed or used except in conformity with the provisions of this ordinance.
d) Should such sign or sign structure be moved for any reason for any distance
whatsoever, it shall thereafter conform to the regulations for the zoning district in
which it is located after it is moved.
e) No existing nonconforming sign shall be enlarged, expanded or moved except in
changing the sign to a sign permitted in the zoning district in which is it located.
f) When a parcel of property loses its nonconforming status all signs devoted to the
property shall be removed and all signs painted directly on any structure on the
property shall be repainted in a neutral color or a color which will harmonize with
the structure.
Subd. 24: Signs in Developing Subdivisions. During the development of a new
subdivision consisting of two (2) or more lots, there shall be allowed two (2) signs in the
subdivision, not to exceed twelve (12) feet in height. A fee is required to be paid for these signs,
as set by Council resolution. The City shall not review or consider the content of any message to
be displayed on such signs when determining whether to grant a permit. In addition to the signs
mentioned above, there shall be permitted one (1) sign not exceeding four (4) square feet, and
not more than six (6) feet in height, per lot in the subdivision. All signs allowed according to
this Subdivision shall be removed when 75 percent of the lots in the subdivision are fully
developed, or within two (2) years following the beginning of development in the subdivision,
whichever comes first. No signs allowed according to this Subdivision may be illuminated.
Subd. 25: Non-Commercial Speech. Notwithstanding any other provisions of this sign
ordinance, all non-commercial signs of any size may be posted in any number from August 1 in a
state general election year until ten (10) days following the state general election, and all signs
with a surface area of 50 square feet or less containing non-commercial speech may be posted
from eight (8) weeks prior to any special election until seven (7) days following the special
election. Signs permitted under this Subdivision shall be set back a minimum distance of no less
than fifteen (15) feet from the curb line, shall not be on any public right-of-way, and shall not be
permitted on school property or any other public lands.
Subd. 26: Substitution Clause. The owner of any sign which is otherwise allowed by this
sign ordinance may substitute non-commercial speech in lieu of any other commercial speech or
non-commercial speech. This substitution of copy may be made without any additional approval
or permitting. The purpose of this provision is to prevent any inadvertent favoring of
commercial speech over non-commercial speech or favoring of any particular non-commercial
speech over any other non-commercial speech. This provision prevails over any more specific
provision to the contrary.
502.11-23
ORDINANCE 502 – ZONING ORDINANCE
Subd. 27: Banners. Upon application to the City, a banner may be permitted to be hung
across the right-of-way at the two specified locations designated by the City to promote local
community events only. This ordinance shall not be construed as authorizing any such signs or
banners on public property or on private property other than those specifically authorized by the
City.
a) Permit Required. No banner shall be erected, altered, maintained or moved
without first securing a permit from the City. The content of the message or
speech displayed on the sign shall be limited to promoting community events and
shall be reviewed or considered in determining whether to approve or deny a
banner permit. Application for a permit shall be in writing addressed to the zoning
administrator and shall contain the following:
1. Names and addresses of the applicant(s);
2. The event the banner is meant to promote;
3. The location(s) at which any banner is to be erected;
4. The type and content of the banner;
5. A complete set of plans, showing the necessary elevations, distances, size
and details of the banner;
6. The cost of the banner;
7. Certification by applicant indicating the application complies with all
requirements of the banner ordinance; and
8. The dates the applicant(s) request the banner be present.
b) Approval by Planning Committee. Banner plans will be reviewed at regular
meetings by the Planning Committee. In addition, special meetings can be
requested for plan review. In reviewing the proposed banner, the Planning
Committee shall consider the following criteria:
1. Traffic circulation and pedestrian safety. Banners shall not contain content
or be placed in a manner to obstruct the safety of pedestrians, motorists,
cyclists, or other users of the public streets over which they are to hang.
2. Sign Design and Visual Impact.
3. Construction and Maintenance. All banners must be constructed and
maintained by the applicant and must be done in a manner that results in
professionally finished appearance. All banners shall be constructed in
such a manner and of such material that they shall be safe.
502.11-24
ORDINANCE 502 – ZONING ORDINANCE
c) All permits not approved or denied within thirty (30) days shall be deemed
denied. If the permit is denied, the issuing authority shall prepare a written notice
of the denial within ten (10) days of its decision.
d) Application Fee. An applicable permit application fee as listed City’s fee schedule
is due upon submission of the application.
e) Erecting and Removing Banner. Each applicant is responsible for hanging and
removing an approved banner. Roadway banners in support of community events
may be displayed for a period not to exceed twenty-one (21) days. All banners
must be removed within 48 hours of the scheduled event. The use of the posts to
hang a banner which promotes a community event will be given to applicants on a
first come, first serve basis.
f) Liability Insurance/Hold Harmless. Proof of liability insurance in accordance with
this subdivision shall be delivered to the City Clerk/Administrator prior to
issuance of the permit. The applicant must demonstrate proof of financial
responsibility with regard to liability naming the City as an insured. The policy of
insurance shall be in limits of not less than one million per occurrence. The
liability insurance policy required by this subdivision shall provide that it may not
be cancelled for any cause, either by the insured or the insurance company
without first giving notice to the City in writing of intention to cancel it,
addressed to the City Clerk/Administrator of the City of St. Joseph.
g) Liability. The applicant(s) shall hold the City of St. Joseph harmless from any and
all claims and actions, litigations, and from damages arising out of the erection,
maintenance or removal of any banner allowed under the authority of this
ordinance nor shall the City of St. Joseph be held liable for a claim based upon
enforcement of this ordinance.
h) Notice of Violation/Assessment of Costs. Notice of any violation of this
ordinance will be sent directly to the applicant(s) or to the party who failed to
submit an application in violation of this subdivision. Violation of this ordinance
is deemed a misdemeanor.
502.11-25
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ORDINANCE 502 — ZONING ORDINANCE
Section 502.12: GENERAL PERFORMANCE STANDARDS
The intent of this section of the zoning ordinance is to establish general development
performance standards. The regulations provided herein shall apply equally to all districts except
where special provisions provide otherwise.
Subd. 1: Accessory Buildings in Residential Districts.
a) Detached accessory buildings shall be located in the rear yard.
b) Detached accessory buildings which are greater than fifty (50) square feet, but
less than two -hundred (200) square feet shall require a zoning permit. The Zoning
Permit Fee shall be established and amended from time to time by resolution of
the City Council.
C) Detached accessory buildings two -hundred (200) square feet or greater shall
require a building permit.
d) Attached accessory buildings and structures shall comply with the setback
regulations in the respective zoning district. Detached accessory buildings shall be
setback a minimum of ten feet (10') from the rear and side yard lot lines, except
that on corner lots shall have a side yard setback of twenty feet (20') feet from the
property line on the intersecting street. Accessory buildings shall not be located
over any easement.
e) Accessory buildings shall not to exceed over one (1) story of sixteen (16) feet in
height.
f) All garages shall, if the vehicle entrance backs upon a public alley, be setback at
least ten (10) feet from the public alley right-of-way.
g) In no case shall the door of any structure, building, fence or improvement be
erected or constructed so as to extend beyond any lot line.
h) In business and manufacturing districts, accessory buildings and uses may occupy
any of the ground area which the principal building is permitted to occupy.
Accessory buildings such as buildings for parking attendants, guard shelters, gate
houses and transformer buildings, may be located in the front or side yard in the
Industrial District.
i) Within the R-1, R-2 and R-4 districts no accessory structures, excluding decks,
porches and patios but including attached garages, or any combination of
accessory structures shall exceed 1,350 square feet or ten percent (10%),
502.12-1
ORDINANCE 502 — ZONING ORDINANCE
whichever is the lesser, of the total lot area. In addition, lot coverage
requirements outlined within the respective districts shall be adhered to.
j) Within the R-1, R-2, and R-4 districts no lot may have more than two (2)
accessory buildings, excluding decks, porches and patios.
k) Accessory building of less than fifty (50) square feet shall not be considered when
computing the limitations of paragraph i. and j. above; but the combined area of
accessory building of less than 50 square feet shall not exceed a total of 100
square feet.
1) The same or similar exterior building material (such as siding, shingles, etc.) shall
be used on the accessory building and the principal building.
m) Pole barns and/or post frame construction and hoop tubular frame buildings are
prohibited.
Subd. 2: Carport. A shelter for a vehicle consisting of a roof built out from the side of a
building and supported by a wall, with a minimum of two open sides.
a) The structure shall meet the Minnesota Building Code and City Ordinances for
accessory buildings.
b) Post frame construction is prohibited.
C) Structural wall must be set on footings.
d) The parking pad shall consist of a durable and dust free surface consisting of
concrete, asphalt, paving stones, or similar material.
e) The structure shall meet the side and rear yard setbacks for the zoning district for
which the carport is located.
f) The carport area shall be included in the maximum allowed accessory area per lot
for the zoning district for which the carport is located.
Subd. 3: Fencing. See Ordinance 506.00, Fence Ordinance which applies to the
construction and maintenance of all walls, fences, to include living fences.
Subd. 4: Swimming Pools, Spas, Hot Tubs
a) The swimming pool, spa or hot tub shall meet all required setbacks for the zoning
district for which they are located.
b) The swimming pools or yard around the pool shall be enclosed by a wall, fence or
combination thereof which is at least [6] feet in height with a self-closing gate
capable of being secured with a lock so as to prevent uncontrolled access. All
502.12-2
ORDINANCE 502 — ZONING ORDINANCE
points of access shall be made lockable. For an in -ground pool, an automatic pool
cover can be used in lieu of fencing requirements provided it is certified and
complies with ASTM (American Society of Testing and Materials) F1346-91
standard, or successor standard.
C) For in -ground pools, required fencing shall be of durable material and shall be so
designed as to discourage climbing.
d) For above ground pools, pools sides that are vertical or slanted outward may
contribute to the required fencing, provided all points of access are controlled,
including the removal of all ladders or stairs when the pool is not in use.
e) If access to the pool is via a deck or porch, then no access from the ground is
permitted to the deck areas unless the property or ground access to the deck is
fenced. Entrances shall be equipped with self-closing, latching and lockable gates,
and be placed on the top of the gate.
f) A temporary pool defined as an above ground pool that is constructed with
nonmetallic, molded polymeric walls or inflatable fabric walls, which is not
intended as a permanent installation and installed/removed seasonally does not
require safety fencing.
g) All out door spas and hot tubs require safety covers; therefore safety fencing is
not required.
Subd. 5: Screening and Landscaping.
a) LandscapeNegetation Covering Required. In all zoning districts the lot area
remaining after providing for parking, driveways, loading, sidewalks or other
requirements shall be planted and maintained in grass, sodding, shrubs or other
acceptable vegetation or landscaping techniques. Prior to any turf establishment,
the portion of the lot to be established with turf must have a minimum of four (4)
inches of black dirt as a base.
b) Grass and Ground Cover.
I . Open Areas: All open areas of the site not occupied by building, parking,
walkways, other permitted structures or storage shall be grass or approved
ground cover. Ground cover shall be planted in such a manner as to
present a finished appearance.
2. Undisturbed Areas: Exception to this is the undisturbed areas containing
natural vegetation, which can be maintained free of foreign and noxious
materials.
C) Minimum Size of Trees and Shrubs. The following minimum standards shall be
required for industrial, commercial, institutional, public/semi-public, and multiple
family residential uses:
502.12-3
ORDINANCE 502 — ZONING ORDINANCE
Overstory deciduous trees - 1 1/2 inch diameter
2. Ornamental trees - 1 1/2 inch diameter
3. Coniferous trees - 4 feet tall
4. Major shrub planting — 2 gallons
d) Performance Standards. A landscape plan must be submitted with each project
and such plan must be prepared by an experienced landscape person. In order to
achieve landscaping which is appropriate to scale with the site of a building and
site, the minimum standards apply to all districts except A, R-1, R-2, R-4, and B-1
Trees: One tree for every one thousand (1,250) square feet of total
building floor area or one tree for every one hundred feet (100') of site
perimeter, whichever is greater. A minimum of twenty-five percent (25%)
of the trees required will be coniferous.
2. Ornamental Trees: One ornamental tree can be substituted for every six -
tenths (6/10) overstory deciduous shade tree. In no case shall ornamental
trees exceed fifty percent (50%) of the required number of trees.
3. Understory Shrubs: One understory shrub for every four hundred fifty
(450) square feet of building or one shrub for every seventy five feet (75')
of site perimeter, whichever is greater.
4. R-1, R-2, R-4, and R-5 Districts: Minimum standards set above apply to
R-1, R-2, R-4 and R-5 Districts in these instances:
A. Double frontage lots.
B. Anything other than a single-family home.
e) Credit for Large. The total number of required overstory trees may be
reduced by one-half (1/2) tree for each new deciduous trees measuring four and
one-half inches (4 1/2") or more in diameter or each new coniferous tree measuring
eighteen feet (18') or more in height. In no event, however, shall the reduction be
greater than twenty five percent (25%) of the total number of trees required.
f) Credit for Existing. The total number of required new overstory trees may
be reduced by the retention of existing overstory trees; provided, that the
following conditions are met:
Size and Species: Such trees fulfill the minimum requirements of this
Ordinance as to condition, size and species. City staff shall decide the
amount of the credit for such exiting trees based upon their condition,
location and distribution in the lot.
502.12-4
ORDINANCE 502 — ZONING ORDINANCE
2. Protection during Development. Proper precautions to protect trees during
development shall be indicated on grading plans submitted for plan
review. These precautions shall be included in the landscape surety.
g) Maintenance. The property owner shall be responsible for replacement of any
dead trees, shrubs, ground covers and sodding.
h) Methods of Installation. All deciduous and coniferous trees shall be planted in
accordance with American Nursery and Landscape Association standards.
i) Landscaping/Planting in Easements. Plantings such as trees and bushes may be
placed in and utility easements at the risk of the property owner, provided they are
approved through the process identified in St. Joseph Ordinance No. 302, and
they do not change or interfere with the drainage. The city does not encourage
extensive plantings or landscaping in the easement area because of potential
drainage problems and the possibility of utility work in the easements. The city or
utility service providers shall not be required to replace plantings or landscaping
removed or damaged during work within the easement area.
j) Double Fronted Lots. Double fronted residential buildings and lots adjacent to
collector or arterial streets shall be screened. A fifteen -foot (15') area for
landscaping shall be provided. Screening shall be accomplished by a combination
of earth berming and planting. Other requirements may be imposed on a case-by-
case basis. The required screening must be placed within the fifteen -foot (15')
buffer area and designed by an experienced landscape person.
k) Light Encroachment. The light from automobile headlights and other sources
shall be screened whenever it may be directed onto adjacent residential windows.
1) Buffer Requirements. Where a business development and/or parking lot
exceeding five (5) spaces abuts upon a Residential District or use there shall be a
protective strip of not less than 15 feet in width established as a buffer zone.
Landscaped buffer must contain a fence or evergreen hedge.
m) Multi -Family Developments (R-3 and PUD). When adjacent to a lower density
residential use, all multifamily developments shall provide a landscaped area
within the minimum setback area. The landscaped area shall provide plantings
within the setback as a buffer between structures and the lower density residential
property line.
n) Planting Screens. A planting screen shall consist of healthy, fully hardy plant
materials and shall be designed to provide a minimum year-round opaqueness of
eighty percent (80%) at the time of maturity. The plant material shall be of
sufficient height to achieve the required screening.
o) Screening Fence or Wall. A fence or wall may be used for screening when plant
materials are provided along the outside of the fence or wall for aesthetic appeal.
A screening fence, different from residential yard fence or wall shall be
502.12-5
ORDINANCE 502 — ZONING ORDINANCE
constructed of attractive, permanent finished materials, compatible with those
used in the construction of the principal structure. Such screens shall provide a
minimum year-round opaqueness of eighty percent (80%) and be of sufficient
height to achieve screening but not to exceed six feet (6') in height, except that in
business and industrial districts may be allowed up to eight feet (8').
P) Earth Berms. An earth berm may be allowed for screening when used in
combination with plantings following a review and approval by the city. A height
minimum of twenty five percent (25%) of the required screen must be provided
with trees or shrubs or other acceptable plant materials. Earth berms shall be of
sufficient height to achieve screening but shall not exceed three to one (3:1) slope.
q) Waste Handling Screening. For industrial, commercial, institutional, public/semi-
public, and multiple family residential uses, excluding townhome developments,
all waste, recycling and related handling equipment shall be stored and kept in a
four sided enclosure constructed of a brick, stone, decorative concrete material or
a material compatible with the material of the principle structure.
Subd. 6: Building and Lot Restrictions.
a) No building shall be erected, converted, enlarged, reconstructed or structurally
altered, nor shall any building or land be used except for a purpose permitted in
the district in which the building or land is located.
b) No building shall be erected, converted, enlarged, reconstructed or structurally
altered to exceed the height limit herein established for the district in which the
building is located.
C) No building shall be erected, converted, enlarged, reconstructed or structurally
altered except in conformity with the area regulations of the district in which the
building is located.
d) The minimum yards and other open spaces, including lot area per family, required
by this Ordinance for each and every building existing at the time of passage of
this Ordinance or for any building hereafter erected shall not be encroached upon
or considered as yard or open space requirements for any other building.
e) Every building hereafter erected or structurally altered shall be located on a lot as
herein defined and in no case shall there be more than one (1) principal building
on one lot unless provided in this Ordinance.
f) On a through street, a lot fronting on two parallel streets, or a corner lot, both
street lines shall be front lot lines for applying yard, setback and parking
requirements, except that for the purpose of determining the location of the rear
yard, the following rules apply:
For a corner lot, the rear yard shall be that portion of the yard opposite the
502.12-6
ORDINANCE 502 — ZONING ORDINANCE
yard frontage as defined by this Ordinance;
2. For a through lot, the rear yard shall be that portion of a lot opposite the
street from which the principal structure derives its address.
3. Any use generally permitted within the rear yard of a lot may be permitted
in the rear yard of a through lot or corner lot so long as the use meets all
setback requirements, assuming that the front yard setback applies to all
streets abutting the property.
g) Manufactured homes as defined in this Ordinance shall be limited to locations
provided in the district provisions.
h) Any dwelling constructed in an area zoned R-1, on a lot of a plat approved by the
City on or after July 15, 1991, shall include an attached or detached private garage
of at least 20 feet in width and 22 feet in depth. For purposes of this ordinance,
width shall be measured on the side of the garage having an overhead garage door
for motor vehicle access.
i) No galvanized or unfinished steel, galvalum or unfinished aluminum buildings
(walls or roofs) (except those specifically intended to have a corrosive designed
finish such as corten steel) shall be permitted in any zoning district except in
association with farming operations.
j) Buildings in all zoning districts shall maintain a high standard of architectural and
aesthetic compatibility with surrounding properties to ensure that they will not
adversely impact the property values of the abutting properties or adversely
impact the public health, safety and general welfare.
k) Residential dwellings in the R-1, R-2 and R-3 Districts, except those within
approved manufactured home subdivisions:
Shall have a minimum roof pitch of 4:12, and each roof shall be shingled
or feature approved materials.
2. Shall maintain a minimum width of twenty-two (22) feet throughout a
minimum of seventy percent (70%) of the structure.
3. Shall be placed on permanent foundations of wood or concrete.
Subd. 7: Height and Yard Exceptions.
a) Chimneys, cooling towers, elevator bulk heads, fire towers, drive-in movie theater
screens, grain elevators, silos, penthouses, stacks, tanks, water towers, pumping
towers, radio or television towers, monuments, cupolas, steeples and mechanical
appurtenances pertaining to and necessary to the permitted use of the district in
which they are located, shall not be included in calculating the height of the
502.12-7
ORDINANCE 502 — ZONING ORDINANCE
principal structure. Wind energy towers and solar collectors will be allowed by
the variance procedure provided under this Ordinance.
b) Outside stairways, fire escapes, fire towers, porches, platforms, decks, balconies,
boiler flues and other similar projections shall be considered as part of the
building and not allowed as part of the required space for yards, courts or
unoccupied space, provided, however, that this provision shall not apply to one (1)
fireplace or one (1) chimney, not more than eight (8) feet in length and projecting
not more than thirty (30) inches into the allowable side yard space nor cornices
not exceeding sixteen (16) inches in width nor to platforms, terraces or steps
below the first floor level, nor to unenclosed porches or other ground level
unenclosed projections not over one (1) story in height which may extend into a
front or rear yard not more than five (5) feet, or into a side yard not more than
four (4) feet, but such platform shall be restricted from the five (5) foot required
side yard in the residence district.
Subd. 8: Independent Sewage Treatment System Provisions.
a) Once available, all sewage and water facilities shall be connected to the
Municipal sewer and water facilities within ninety (90) days of when said services
become available. Where sewers are not constructed or in operation all sewage
facilities shall be connected to approved septic tanks and disposal fields. This
provision shall not apply to temporary construction sites, or portable units.
b) Where access to a public sanitary sewer is not available hereunder, the building
sewer shall be connected to an independent sewage treatment system complying
with rules and regulations contained herein; as prescribed by the Minnesota
Pollution Control Agency; and, as contained in all other local, state, or federal
mandates.
C) Rules and regulations applicable to independent sewage treatment systems
contained within Minnesota Rules are hereby incorporated.
d) The building owner/lessee shall be required to operate and maintain the
Independent sewage treatment system in a sanitary manner, at all times, without
City expense.
e) Existing ISTS which are failing shall be required to be upgraded, replaced, or
repaired in compliance with provisions herein contained and as set forth in
Minnesota Rules, as applicable, within 180 days.
f) All ISTS design, installation, alteration, repair, maintenance, pumping, and
inspection activities shall be completed under a license or by a qualified
employee, or as exempted under part 7080.0700, subpart 1 (Minnesota Rules).
g) At such time as a public sewer becomes available to a property served by an
independent sewage treatment system, and a direct connection is made to the
502.12-8
ORDINANCE 502 — ZONING ORDINANCE
public sewer and any septic tanks, cesspools, leaching pits, dry wells, seepage
pits, privies, and similar private sewage disposal facilities shall be abandoned in
compliance with Minnesota Rules, Chapter 7080.0176.
h) No statement contained herein shall be construed to interfere with any additional
requirements that may be imposed by the City or other authority.
i) Permit Requirement. Prior to commencement of the construction or the alteration
or repair of an independent sewage treatment system, an applicant must obtain a
written permit from the City. The permit application shall include:
Site evaluation report by a licensed septic system designer including items
identified in MN Rules Chapter 7080, and including a certified statement
from the entity that conducted the evaluation.
2. A design report and drawings created by a licensed septic system designer
including calculations and summaries for all system component sizing.
3. Additional information as requested and provided for within this
Ordinance.
j) The City shall not issue a zoning permit for a bedroom or bathroom addition, or a
system replacement on a property served by an ISTS unless the individual sewage
treatment system is in compliance with applicable requirements hereunder as
evidenced by a certificate of compliance.
k) A permit for an ISTS shall not become effective until installation has been
completed as certified by the City. The City shall be allowed to inspect the work
at any stage of construction with or without notification. The applicant shall
notify the building inspector when the ISTS is ready for final inspection, and
before any underground portions are covered.
1) Recordkeeping.
The City shall maintain copies of certificates of compliance, notices of
noncompliance, permit applications, issued permits, enforcement
proceedings, variance requests, and other actions taken. Said records shall
be available for review as defined in MN Rules 7080.
2. The City shall submit an annual report to the commissioner to demonstrate
enforcement of this Chapter, provided application has been made thereto.
Subd. 9: Lighting Standards. Any lighting used to illuminate an off-street parking area,
sign or other structure shall be arranged as to deflect light away from any adjoining residential
zone or from the public streets. Direct or sky -reflected glare, where from floodlights or from
high temperature processes such as combustion to welding shall not be directed into any
adjoining property. The source of lights shall be hooded or controlled in some manner so as not
502.12-9
ORDINANCE 502 — ZONING ORDINANCE
to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of
adjacent property or public right-of-way. Any light or combination of lights which case light on
a public street shall not exceed one (1) foot candle (meter reading) as measured from the center
line of said street. Any light or combination of lights which cast light on residential property
shall not exceed 0.4 foot candles (meter reading) as measured from said property.
Subd. 10: Pollution. All uses shall comply with all federal, state and local pollution and
nuisance laws and regulations, including, but not limited to, glare, smoke, dust, odors and noise.
The burden of proof for compliance of appropriate performance standards shall lie with the
applicant.
Subd. 11: Dwelling Unit Restrictions.
a) No cellar, basement, garage, tent or accessory building shall at any time be used
as an independent residence or dwelling unit, temporarily or permanently.
b) Basements may be used as living quarters or rooms as a portion of residential
dwellings. Rental unit(s) in basements shall be subject to provisions of the
appropriate zoning district as well as the provisions of Ordinance #550 governing
rentals.
C) Tents, play houses or similar structures may be used for play or recreational
purposes, but shall not be independent residences or dwelling units, except as
provided for via license in licensed recreational camping areas.
d) No dwelling shall hereafter be erected or altered unless there is direct access to it
from a public street.
Subd. 12: Outdoor Storage and Refuse.
a) Outside storage. Residential Uses.
All outside storage of materials and equipment for residential uses
(excluding farms) shall be stored within a building or fully screened so as
not to be visible from adjoining properties, except for the following:
A. Clothes line pole and wire.
B. Any combination of two or fewer licensed and operable
recreational vehicles (RV's, boats, snowmobiles on a trailer, etc.)
and/or seasonal automobiles may be parked or stored on property
outside a home, provided:
i. If they are stored in the front yard they are stored entirely
on an established driveway, entirely on the owner's
property.
502.12-10
ORDINANCE 502 — ZONING ORDINANCE
ii. If stored in the side yard they are at least five feet from the
property line.
iii. If stored in the rear yard they are at least ten feet from the
rear lot line and five feet from a side lot line.
iv. If stored on a corner lot they are not closer than twenty feet
from the property line abutting a side street.
V. Storage and/or parking of commercial vehicles and/or
equipment, or any combination thereof, is prohibited. This
section will not apply to light trucks classified as 1/2 ton and
3/4 ton pickups, panels and sedans.
C. Construction and landscaping material currently being used on the
premises.
D. On and off street parking of currently registered and operable
passenger vehicles and trucks.
E. Lawn furniture or furniture used and constructed explicitly for
outdoor use.
F. Rear or side yard exterior storage of firewood for the purpose of
consumption only by the person(s) on whose property it is stored.
b) Commercial/Industrial Uses. Except as allowed by district use provisions, outside
storage of equipment, materials and inventory as a principal or accessory use for
commercial and industrial uses shall require a conditional use permit subject to
the provisions of this Ordinance and all non-residential outside storage shall
conform to the following conditions:
The area occupied is not within a required front or required side yard.
2. The storage area is totally fenced, fully screened, and landscaped
according to a plan approved by the Zoning Administrator.
3. If abutting a Residential District, or a residential use, screening and
landscaping is provided according to a plan approved by the Zoning
Administrator.
4. The storage area is covered to control dust and storm water drainage with
bituminous surfacing, concrete or a comparable substitute approved by the
City.
5. All lighting shall be directed away from the public right-of-way and from
neighboring residences.
502.12-11
ORDINANCE 502 — ZONING ORDINANCE
C) Refuse. All lots within all zoning districts shall be maintained in a neat and
orderly manner. No rubbish, salvage materials, junk, or miscellaneous refuse
shall be openly stored or kept in the open, when the same is construed by the City
Council to be a menace or nuisance to the public health, safety, or general welfare
of the City, or to have a depressing influence upon property values in the area.
d) Waste Materials. Waste materials are to be picked up and disposed of in
accordance with any and all city standards applicable to refuse/waste materials.
Excluded waste materials must be disposed of in a safe and appropriate manner in
accordance with local, state, and federal law. Release of excluded waste materials
to public or independent sewage treatment systems, the environment, or the solid
waste stream is strictly prohibited. The Disposal Service shall, upon collection,
immediately assume title to and liability for solid waste materials, recyclables,
and demolition debris.
Subd. 13: General Building and Performance Standards:
a) Residential Dwellings: All residential dwellings shall meet the following design
criteria:
All structures shall have permanent type foundations that are designed and
constructed in accordance with all applicable provisions of the State
Building Code as adopted in the State of Minnesota.
2. The exterior wall finish of all single family residences shall be similar in
appearance to normal wood, stucco, stone veneer or masonry material.
Vinyl and metal siding is permitted with no exposed fasteners and
overlapping in sections not wider than 12 inches. Sheet metal siding is not
permitted.
3. All roofs shall be covered with materials as approved by the State
Building Code as adopted by the State of Minnesota and shall be similar in
appearance to asphalt shingles, wood shakes, slate, and concrete tile. Sheet
type metal roofing is an approved alternative provided all of the following
are met:
A. A metal material which is an approved type in accordance with the
State Building Code.
B. Be standing -seam profiled metal.
C. Constructed of corrosion resistant material or have a corrosion
resistant coating.
D. Have concealed fasteners.
502.12-12
ORDINANCE 502 — ZONING ORDINANCE
Subd. 14: Solar and Wind Energy Conversion Systems. Solar and wind energy systems
shall be permitted as an accessory use in all zoning districts, subject to the standards of
this section and other provisions of this Ordinance. Solar collector surfaces and all
mounting devices and wind energy conversion systems shall comply with minimum
setback and lot coverage requirements of the district in which they are located.
a) Building -Mounted Solar Energy Systems.
1. Permitted accessory use in all zoning districts (both principal and accessory
buildings) provided it is roof -mounted or built into roofing, including solar
shingles, roofing tiles, and skylights or a photovoltaic curtain wall
(photovoltaic glass). Solar awnings shall be allowed in agriculture and
residential districts provided it is in the rear yard.
2. Notwithstanding the height limitations of the zoning district, roof mounted
solar energy systems shall not extend higher than three (3) feet above the
ridge level of a roof on a structure with a gable, hip, or gambrel roof and shall
not extend higher than ten (10) feet above the surface of the roof when
installed on a flat or shed roof.
3. The solar collector surface and mounting devices for roof -mounted solar
energy systems shall be set back not less than one (1) foot from the exterior
perimeter of a roof for every one (1) foot that the system extends above the
roof surface on which the systems is mounted. Solar energy systems that
extend less than one (1) foot above the roof surface shall be exempt from this
provision but shall not hang over the edge of the roof.
b) Ground -Mounted Solar Energy Systems.
Permitted accessory use in the agriculture, and rural residential zoning
districts.
2. Ground -Mounted solar energy systems, measured to the highest point of the
system, shall not exceed the twenty (20) feet when oriented at maximum tilt.
3. Ground -mounted solar energy systems shall be located in the side or rear yard
subject to the minimum setback of the zoning district and be located a
minimum of fifty (50) feet from the rear and side yard property line. The
required setback shall be measured from the property line to the closest part of
the structure at minimum design tilt.
4. The area of the solar collector surface of ground -mounted solar energy
systems shall not exceed one half the building footprint of the principal
structure. The maximum area of the solar energy systems shall be calculated
independently of the floor area of all other accessory structures on the zoning
lot and shall be exempt from the number of accessory building limits.
502.12-13
ORDINANCE 502 — ZONING ORDINANCE
C) Conditional Use. Solar energy systems in the industrial, educational -
ecclesiastical, public and in the agriculture and rural residential zoning districts
that do not comply with the standards of Subd. 14 b above may be allowed by
conditional use permit, subject to the following standards:
1. Solar energy systems in the industrial, educational -ecclesiastical, and public
zoning districts shall be an accessory use and not exceed three (3) percent of
the lot area and be less than 1 MW, whichever is less.
2. Solar energy systems in the agriculture, and rural residential zoning districts
shall be allowed as a principal or accessory use up to 5 MW.
3. Power and communication lines. Power and communication lines running
between the banks of solar panels to electric substations or interconnections
with buildings that are on adjacent parcels shall be buried underground. 4.
Setbacks. Solar farms and gardens must meet the minimum building setback
for the zoning district and be located a minimum of two hundred (200) feet
from a residential use/dwelling not located on the property.
5. Screening. Ground -mounted solar energy systems shall be screened when
adjacent to a public right of way or a residential use or zoned property
pursuant to Section 502.12 Subd. 5.
6. Vegetation requirements and management. The following provisions shall be
met related to the establishment of vegetated ground cover if the ground -
mounted solar system has a generating capacity of more than 40 kilowatts.
Additional requirements may apply as required by the City Council.
The project site design shall include the installation and establishment of
ground cover meeting the beneficial habitat standards using native plant
species and seed mixes consistent with the Department of Natural
Resources "Prairie Establishment & Maintenance Technical Guidance for
Solar Projects" and guidance as set by the Minnesota Board of Water and
Soil Resources.
a) Beneficial habitat standards shall be maintained on the site for the
duration of operation, until the site is decommissioned.
d) General Performance Standards for Solar Systems. Requirements for all zoning
districts.
1. No solar energy system of any kind shall be erected anywhere within the city
without first making application for and obtaining from the city a permit
thereof which shall not be granted unless all requirements of this Section and
this Ordinance are met, and the proposed use will not be harmful to the public
health, welfare, and safety.
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ORDINANCE 502 — ZONING ORDINANCE
2. The supporting framework for freestanding solar energy systems shall not
include unfinished lumber.
3. Solar thermal piping shall match roof or solar collector color.
4. Solar energy systems shall not be used for the display of advertising.
5. Stormwater management shall meet the requirements of the City's Stormwater
Design Standards and this Ordinance.
6. Erosion and sediment control shall meet the requirements of this Ordinance.
7. Foundations. The manufacturer's engineer or another qualified engineer shall
certify that the foundation and design of the solar panels is within accepted
professional standards, given soil and climate conditions.
8. All solar systems shall be in compliance with any applicable local, state and
federal regulatory standards, including the State of Minnesota Uniform
Building Code, as amended; and National Electric Code, as amended.
9. All solar energy systems using a reflector to enhance solar production shall
minimize glare from the reflector that affects adjacent or nearby properties.
Measures to minimize nuisance glare include selective placement of the
system, screening on the north side of the solar array, modifying the
orientation of the system, reducing use of the reflector systems, or other
remedies that limit glare.
10. All abandoned or unused solar panels and/or ground -mounted solar energy
systems shall be removed within twelve (12) months of the cessation of
operations.
e) Building -Mounted Wind Energy Conversion Systems.
1. Permitted accessory use in all zoning districts.
2. Building mounted wind energy conversion systems shall not exceed fifteen (15)
feet in height (structure and rotors).
3. The maximum number of systems per buildings shall be 1 per 2,000 SF of roof
area for four (4) or more stories and at least forty-two (42) feet in height and 1
per 4,000 SF of roof area for less than four (4) stories and forty-two (42) feet
in height.
4. The setback (structure and rotors) shall be ten (10) feet from the front, side, and
rear walls of the building upon which it would be mounted.
5. The structure upon which the proposed wind energy conversion system is to be
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ORDINANCE 502 — ZONING ORDINANCE
mounted shall have the structural integrity to carry the weight and wind loads
of the wind energy system and have minimal vibration impacts on the
structure.
f) Freestanding Wind Energy Conversion Systems.
Permitted accessory use in the agriculture and rural residential zoning districts
provided the lot size is ten (10) acres or more.
2. Only one (1) freestanding wind energy conversion system per lot, located in the
side or rear yard shall be allowed.
3. The maximum height shall be forty (40) feet.
4. The minimum setback shall be 125% of the height of the wind energy system
(pole and rotors).
g) Conditional Use. Wind energy conversion systems in the agriculture and rural
residential zoning districts that do not comply with the standards of Subd. 141
above may be allowed by conditional use permit, subject to the following
standards:
1. The minimum lot size is twenty (20) acres or more.
2. The minimum lot area per pole shall be one per 10 acres.
3. The maximum height shall be one hundred (100) feet.
4. The minimum setback shall be 125% of the height of the wind energy system
(pole and rotors).
h) General Performance Standards for all Wind Energy Conversion Systems.
1. No wind energy conversion system or support tower of any kind shall be
erected anywhere within the city without first making application for and
obtaining from the city a permit thereof which shall not be granted unless all
requirements of this Section and this Ordinance are met, and the proposed use
will not be harmful to the public health, welfare, and safety.
2. Scaled schematic drawings and photographic perspectives showing the
structure and the placement of the wind energy conversion system shall be
submitted to the city.
3. Prior to the issuance of a permit, the applicant shall provide documentation or
other evidence from the dealer or manufacturer that the wind energy
conversion system has been successfully operated in atmospheric conditions
and is warranted against any systems failures under reasonably expected
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ORDINANCE 502 — ZONING ORDINANCE
severe weather.
4. A written certification from a licensed structural engineer that the structure
has the structural integrity to carry the weight and wind loads of the wind
energy conversion system and have minimal vibration impacts on the structure
shall be submitted to the city.
5. An analysis from a licensed engineer showing how the wind energy
conversion system shall be designed, constructed and operated in compliance
with all applicable federal, state, and local laws, codes, standards and
ordinances.
6. A written certification from a licensed engineer confirming that the wind
energy conversion system is designed to not cause electrical, radio frequency,
television and other communication signal interference.
7. Written evidence that the electric utility service provider that serves the
proposed site has been informed of the applicant's intent to install a wind
energy conversion system, unless the applicant does not plan to connect the
system to the electricity grid and declares so in the application.
8. The freestanding wind energy system shall be of monopole design.
9. All systems shall contain an internal governor or braking device which
engages at wind speeds in excess of forty (40) miles per hour and minimizes
the potential for wind damage to the equipment.
10. Restriction on sound level at the lot line shall comply with the state pollution
control agency's pollution control section (NPC 1 and NPC 2), as amended.
11. Minimum blade clearance to the ground of 30 feet for pole mounted
horizontal turbines.
12. Wind energy conversion system tower foundations shall be designed to resist
two times the wind uplift calculated under the Uniform Building Code as
adopted by the city and shall have a professional engineer's certification.
13. No wind energy conversion system tower shall be constructed within 20 feet
laterally of an overhead electrical power line (excluding secondary electrical
service lines or service drops). The setback from the underground electric
distribution lines shall be at least five feet.
14. All sites shall be reasonably protected against unauthorized climbing. The
bottom of the tower, measured from ground level to twelve (12) feet above
ground level, shall be designed in a manner to discourage unauthorized
climbing.
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ORDINANCE 502 — ZONING ORDINANCE
15. All electrical wires associated with a freestanding wind energy conversion
system shall be located within the tower and underground. Such systems and
towers shall be adequately grounded, as determined by city engineer, for
protection against a direct strike by lightning and shall comply, as to electrical
wiring and connections, with all applicable federal regulations, state statutes,
regulations, and standards, as well as city codes.
16. Advertising or identification of any kind on wind energy conversion systems
shall be prohibited, except for applicable warning and equipment information
signage required by the manufacturer or by federal, state, or local regulations.
17. Wind energy conversion systems shall not be illuminated by artificial means,
except where the illumination is specifically required by the Federal Aviation
Administration or other federal, state, or local regulations.
18. Wind energy conversion systems shall utilize building materials, colors, and
textures that are compatible with the existing principal structure and that
effectively blend the system facilities into the surrounding setting and
environment to the greatest extent possible. Rotor blades shall be non-metallic
to prevent communication signal interference. Metal towers shall be
constructed of, or treated with, corrosive resistant material.
19. All abandoned or unused wind energy conversion systems shall be removed
within twelve (12) months of the cessation of operations.
Subd. 17: Conditional Use Permit applications for solar energy systems and wind energy
conversion systems shall include the following:
a) A site plan prepared by a qualified and licensed civil engineer or architect
showing the following:
1. Existing property lines and property lines extending one hundred (100) feet
from the exterior boundaries, including the names of the adjacent property
owners and current use of those properties.
2. Existing public and private roads, showing the widths of the roads and any
associated easements.
3. Existing buildings onsite.
4. Location and size of any existing and abandoned wells, sewage treatments
systems, and dumps.
5. Existing and proposed impervious surface.
6. Topography at (2) foot intervals and source of contour interval, a contour map
of surrounding properties may be required.
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ORDINANCE 502 — ZONING ORDINANCE
7. Existing vegetation (list type and percent of coverage; i.e. grassland, pasture,
plowed field, wooded areas, etc.).
8. Waterways, watercourses, lakes and public water wetlands.
9. Delineated wetland boundaries.
10. The one hundred (100) year flood elevation and Regulatory Flood Protection
Elevation, floodway, flood fringe and/or general flood plain district boundary,
if applicable.
11. The shoreland district boundary, if any portion of the project is located in a
shoreland overlay district, including the ordinary high water level, the highest
known water level, and the toe and top of any bluffs within the project
boundaries.
12. Drainage and grading plan.
13. Erosion and sediment control plan.
14. The number of solar panels or wind energy conversion systems and acreage to
be installed.
15. The location and spacing of solar panels or wind energy conversion systems,
including distances from property lines.
16. Sketch elevation of the premises accurately depicting the proposed solar
energy conversion system and its relationship to structures on adjacent lots (if
any).
17. Location of access roads.
18. Planned location of underground or overhead electric lines connecting the
solar farm to the building, substation or other electric load.
19. New electrical equipment other than at the existing building or substation that
is the connection point for the solar farm.
20. A detailed landscaping plan for solar projects, including location, type and
size.
b) Glare Study. Solar Projects utilizing a reflector system shall conduct a glare study
(US Dept. of Energy's Solar Glare Hazard Analysis Tool) to identify the impacts
of the system on occupied buildings and transportation rights-of-way within a half
mile of the project boundary.
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ORDINANCE 502 — ZONING ORDINANCE
C) Decommissioning Plan. A decommissioning plan shall be required for solar
energy systems and wind energy conversion systems for the abandonment of
facilities.
Decommissioning of solar panels and wind energy conversion systems
must occur in the event the conditional use permit expires or is terminated,
and/or the solar panels or wind energy conversion systems are not in use
for twelve (12) consecutive months.
2. Decommissioning Plan components shall include:
A. Removal of all structures, foundations, equipment, and
power/communication lines.
B. Restoration of the site soils and vegetation to its pre -development
condition.
C. Financial guarantee in a form and amount acceptable to the City
Attorney naming the City as oblige. The amount of the guarantee will
be calculated using an inflationary escalator for the useful life of the
facility constructed and will cover the full cost of decommissioning.
d) Enforcement. If said decommissioning has not been completed within a six (6)
month period after the conditional use permit expires or is terminated, and/or
solar panels or wind energy conversion systems are not in use for twelve (12)
consecutive months, then the City shall provide written notice by certified mail to
the landowner requiring that decommissioning be completed within thirty (30)
calendar days of the receipt of said notice. If the decommissioning has not been
completed within thirty (30) calendar days of the receipt of said notice, the City
may either undertake the decommissioning and charge the landowner and/or
facility owner and operator for all of the costs and expenses thereof, including
reasonable attorney's fees, or take appropriate action to compel the
decommissioning. All costs incurred by the City shall be billed to the landowner
and if not paid within sixty (60) calendar days of billing, shall become a lien
against the project or levied as an assessment against the property. In the event
that the City chooses to undertake the decommissioning as stated above, the City
shall have the right to draw on the bond, letter of credit, escrow or other financial
security at its discretion.
Subd. 14 Development/Site Plan Review. All site and building plans for multiple family
residential, commercial, industrial, institutional or public/semi-public uses shall require review
and approval by the Zoning Administrator. Plans shall be prepared by a qualified and licensed
civil engineer and architect.
a) Applications and Submittal Requirements: Applications for site and building
review shall be filed with the Zoning Administrator and shall be accompanied by
the appropriate fee and the following submittal information:
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ORDINANCE 502 — ZONING ORDINANCE
1. Proof of title and contract/purchase agreement and property owner signature
on the application form when applicable.
2. Four (4) large scale copies, twelve (12) reduced (11"x17") copies of detailed
written materials, plans and specifications and one electronic copy.
3. Site Plan depicting the following:
A. Name of project or development.
B. Name and address of developer and/or owner and
engineer/architect.
C. Scale (engineering only) at not less than one (1) inch equals one
hundred feet.
D. North point indication.
E. Existing boundaries with lot dimension and lot area.
F. Existing buildings, structures and improvements.
G. Easements of record.
H. Delineated wetland boundary, to include the OHWL of any lakes
or DNR waters.
I. All encroachments.
J. Legal description.
K. Location, setback and dimensions of all proposed buildings and
structures.
L. Location of all adjacent buildings and structures within one
hundred (100) feet of the exterior boundaries of the subject
property.
M. Location, number, dimensions of all proposed parking stalls,
loading areas, fire lane, drive aisles, with curbing shown.
N. Location, width and setbacks of all proposed street accesses and
driveways and existing accesses within 100 feet of the property.
O. Location, width and setbacks of all proposed sidewalks, walkways
and trails.
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ORDINANCE 502 — ZONING ORDINANCE
P. Location and type of all proposed lighting, including fixture
details.
Q. Provisions for storage and disposal of waste, garbage and
recyclables, including details for enclosing and screening exterior
containers.
R. Calculations for impervious/pervious surfaces.
4. Architectural Plans showing the following.
A. Date of plan preparation and dates of any subsequent revision.
B. Architectural elevations, in color, of all principal and accessory
buildings (type, and materials used in all exterior surfaces).
C. Typical floor plan and room plan drawn to scale with a summary
of square footage by use or activity.
5. Grading Plan depicting the following:
A. Existing contours at two (2) foot intervals.
B. Proposed grade elevations at two (2) foot maximum intervals.
C. Drainage plan, including the configuration of drainage areas and
calculations.
D. Spot elevations.
E. Surface water ponding and treatment areas.
F. Erosion control measures.
G. Wetland replacement plan (when applicable).
H. Soil borings.
I. Drainage calculations for 2, 10, and 100 year storm events.
J. Delineated wetland boundary, to include OHWL of any lakes or DNR
waters.
K. Date of plan preparation and dates of any subsequent revisions.
6. Screening of heating, ventilation and air-conditioning equipment.
7. Landscaping material including the location, type of plant and size.
8. Utility Plan showing the following:
A. Location of hydrants, valves and manholes, if any.
B. Location, sizing, and type of water and sewer system main and
proposed service connections, hydrants, valves, and manholes; or,
C. Location and size of proposed primary and secondary on-site treatment
systems, when allowed.
D. Storm sewer, catch basins, invert elevation, type of castings and type
502.12-22
ORDINANCE 502 — ZONING ORDINANCE
of materials.
9. A description of provisions which shall be made on the site for adequate open
space and recreational areas to properly serve residents of the facility.
10. Any other fencing, screening, or building accessories to be located in the
development area.
b) Design Standards: Plans which fail to meet the following criteria shall not be
approved.
1. The proposed development application must be consistent with the St. Joseph
Comprehensive Plan, city policies and plans, including:
A. Land Use Plan
B. Utility (Sewer and Water) Plans
C. Local Water Management Plan
D. Capital Improvement Plan
E. Transportation Plan
F. Stormwater Design Standards
2. The proposed development application conforms to this Ordinance and other
applicable City Codes.
3. The proposed development shall be served with adequate and safe water
supply.
4. The proposed development shall be served with an adequate and safe sanitary
sewer systems.
C) Review and Required Fee.
The Zoning Administrator shall forward copies of application and site and
building plans to the appropriate staff, consultants and governmental
agencies for review and recommendation. The Community Development
Department shall perform a review and approve or deny the application.
The Community Development Department may also suggest conditions as
they deem necessary to the approval of the site and building plans.
2. The applicant may appeal any denial or decision by the Department to the
Planning Commission and City Council according to the appeals process
in this Ordinance.
3. Fees payable under this section for site plan review shall be in an amount
as established by resolution of the City Council. Preparation and review
of all elements of the required development plan, as listed and described
above, is to be at the sole expense of the developer and at no expense to
502.12-23
ORDINANCE 502 — ZONING ORDINANCE
the public. The fee is payable at the time of filing a petition and is not
refundable. In addition to the above fees and in the event the City incurs
professional fees, either legal, engineering or professional planners, or any
other cost, including but not limited to, postage and publication expenses,
the applicants shall reimburse the City for those fees, and the City officials
may require an escrow deposit, cashier's check or letter of credit for these
fees prior to the final action on the application for development plan
review. Such escrow or letter of credit shall be in the form approved by
the City Attorney.
Subd. 15: Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
a) A Lock Box shall be installed on all buildings before a Certificate of Occupancy
will be issued.
b) A copy of proposed covenants and/or homeowner's association agreement (s).
C) When required, evidence of completion of National Pollutant Discharge
Elimination System (NPDES) permitting program and/or the City of St. Joseph
Storm Water Pollution Prevention Program (SWPPP).
d) If applicable, evidence of compliance with federal, state and local pollution and
nuisance laws and regulations, including, but not limited to glare, smoke, dust,
odors and noise. The burden of proof for compliance with appropriate standards
shall lie with the applicant.
502.12-24
ORDINANCE 502 – ZONING ORDINANCE
Section 502.13: MOVING OF BUILDINGS
Subd. 1. Street or streets, as used in this Section, means all streets and highways in the
City which are not state trunk highways, county state-aid highways, or county roads.
Subd. 2: Exemption. This Section shall not apply to the Minnesota Department of
Transportation.
Subd. 3: Application and Permit Required For Moving Building Through City.
a) It is unlawful for any person to move a building on any street without a moving
permit from the City. This permit is intended for oversize, overweight equipment
and building moving on city roads. A permit for movement is required if
equipment and or vehicles including load exceed the following legal limitations:
1. Legal Dimension Limitations. A permit for movement is required if
equipment and/or vehicles including load exceed the following legal
limitations: maximum over all width-8’6"; maximum overhaul height-
13’6"; maximum overall length-single motor vehicle=40 feet, truck crane
= 45 feet, semitrailer = 48 feet, trailer/semitrailer in 3 vehicle combination
= 28 feet 6 inches, combination of 2 vehicles = 65 feet, truck tractor
semitrailer combination exceeding 65 feet and "twin trailer" 3 vehicle
combinations exceeding 55 feet limited to designed routes. A trailer is
limited to 45 feet long with 65 feet the maximum overall length of a truck
and trailer combination.
2. Legal Gross Weight Limitation. The gross weight on any one axle shall
not exceed 18,000 lbs. on 9-Ton Routes nor 20,000 lbs. on 10-Ton
Designated Routes. Non tandem axle group shall exceed 34,000 lbs. on all
routes. A single axle is defined by law as including all wheels whose
centers may be within 40 inches apart. Wheel load may not exceed 600
lbs. per inch width of tire nor the manufactures recommended load,
whichever is less. The maximum total gross interstate and 10-Ton
Designated routes where a 5-axle combination may not exceed 80,000 lbs.
A 6-axle combination of vehicles may not exceed a total gross weight of
80,000 lbs. on all routes.
b) Other Jurisdiction Authorization. Other jurisdiction authorization for a movement
over streets and roads other than the City streets must be obtained from the
appropriate authorities under whose jurisdiction such streets and roads or
highways come.
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ORDINANCE 502 – ZONING ORDINANCE
c) Application Requirements. The application for a moving permit shall state the
approximate size and weight of the structure or building proposed to be moved,
together with the places from and to which it is proposed to move the same, and
proposed route to be followed, proposed dates and times of moving and parking,
and the name and address of the proposed mover. Such application shall also state
any municipal utility, street and public property repairs or alterations that will be
required by reason of such movement.
d) Moving Permit Requirements. The moving permit shall state date or dates of
moving, hours, routing and movement. Permits shall be issued only for moving
buildings by building movers licensed and bonded by the state. Fees to be
charged shall be separate for each of the following: (1) a moving permit fee to
cover use of streets and route approval, and (2) a fee equal to the anticipated
amount required to compensate the City for any municipal utility and public
property (other than streets) repairs or alterations occasioned by such movement.
The latter shall be paid in advance.
Subd. 4: Application and Permit Required – Moving location of building.
a) It is unlawful for any owner of land in the City to or from which a building is to
be moved to permit such movement without an owner's permit.
b) A person seeking issuance of an owner's permit shall file a written application
with City. The application shall not be accepted for filing unless accompanied by
the following:
1. Evidence that all real estate taxes and special assessments against the
building and land from which it is to be removed are paid in full.
2. A written statement, bill of sale or other written evidence that the
applicant is entitled to move the building.
3. Written evidence of arrangements with all public utility companies whose
wires, lamps or poles are required to be removed, for the removal thereof
by the applicant.
4. A cash deposit from the owner of the lot from which the building is to be
moved in the sum of the approximate cost of the following work:
A. Proper shut-off of any/all utilities as may be specified by the utility
service provider; and,
B. Filling all excavations to grade, removing all rubbish, and leaving
the premises in a safe and sanitary condition.
C. If applicable, seventy-five (75) percent of the estimated cost, as
determined by the City, to bring the building moved into the City
into conformance with applicable building code requirements.
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ORDINANCE 502 – ZONING ORDINANCE
5. Payment of any moving permit and applicable building permit fee.
6. If the building is to be located within the City after its movement, a survey
by a licensed surveyor of the land to which the building is to be moved,
including the location of the building in relation to the boundaries of the
land.
7. If the building is to be located within the City after its movement,
photographs of:
A. Two or more views of the building to be moved;
B. The lot on which the building is to be located; and,
C. The lands, and structures thereon, adjacent to the lot on which the
building is to be located.
8. Upon receipt of the application accompanied by the fee, deposit, statement
and information required, the City Administrator/Clerk shall review the
application and make such investigation as appropriate including obtaining
recommendations from the Police Department and City Engineer.
Subd. 5: Council Approval.
a) Structures may be moved, after securing a moving permit subject to approval by
the City Council, but without a public hearing provided the structure is a
manufactured housing unit being relocated to an approved Manufactured Home
Subdivision and provided said manufactured housing unit is in compliance with
applicable State Statutes, the Manufactured Home Building Code and applicable
sections of this Ordinance.
b) Public hearing. (if required).
1. Where applicant requests the moving of a building to a location within the
City, the Council shall hold a public hearing. Notice shall be posted,
published in the official newspaper and mailed to owners of real property
within 350 feet of the land to which the building is to be moved at least ten
days prior to the date of the hearing. Failure to give mailed notice or any
defect in the notice shall not invalidate the hearing or any proceedings
taken thereat.
2. Following the hearing the Council shall either deny the permit in writing
or authorize issuance of a permit.
3. Denial of a permit. Any permit under this Subdivision may be denied
upon a finding of any one of the following:
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ORDINANCE 502 – ZONING ORDINANCE
A. Applicant has not complied with the requirements of this
Ordinance;
B. Persons or property in the City would be endangered by moving
the building;
C. The building is in a state of deterioration or disrepair;
D. The equipment for moving the building is unsafe and persons and
property would be endangered by its use;
E. The building or its use would not be in compliance with zoning,
building codes or other local, state or federal regulation; or
F. If the location to which the building is to be moved is in the City,
the building is in substantial variance with either the established or
the expected pattern of building development within the
neighborhood to which the building is to be moved. Comparative
age, bulk, architectural style and quality of construction of both the
building to be moved and the buildings existing in the
neighborhood shall be considered in determining whether a
building is in substantial variance.
502.13-4
ORDINANCE 502 – ZONING ORDINANCE
Section 502.14: MANUFACTURED HOME PARKS
Subd. 1: Intent. The intent and purpose of this Section is to assure quality development
equal to that found in other types of residential areas throughout the City. Excellence of design,
usability, development and maintenance that support a quality residential environment is the
desired objective.
Subd. 2: Exception. Manufactured home parks constructed prior to January 1, 1995, that
when constructed, complied with density, lot-size and manufactured home setback requirements,
shall be excluded from density, lot-size and setback requirements contained herein. However,
expansions of manufactured home parks shall be subject to and comply with all requirements of
this Ordinance.
Subd. 3: Application. No person shall attempt to develop or operate a manufactured
home park within the City without obtaining primary and subsequent renewal license(s) from the
Minnesota Department of Health and a Special Use Permit from the City of St. Joseph. The
requirements of a permit shall prevail over all other standards and requirements notwithstanding
the more restrictive subdivisions of this Ordinance. A permit for a manufactured home park may
contain other requirements beyond those mentioned in this Subdivision.
Subd. 4: Required Application Materials. The applicant for a permit, in addition to other
requirements, shall include the name and address of the Developer and a general description of
the construction schedule and construction cost. The application for a permit shall be
accompanied by ten (10) copies of plans that indicate the following:
a) Location and site of the manufactured home park.
b) Location, size and character of all manufactured home lots, manufactured home
stands (i.e. what structure is to be placed on), storage areas, recreational areas,
pedestrian walkways/pathways, central refuse disposal, roadways, parking spaces
and sites, proposed vegetation, proposed screening and all setback dimensions.
c) Detailed landscaping plans and specifications.
d) Location and width of sidewalks/pathways.
e) Plans for sanitary sewage disposal, surface drainage, water supply, electrical
service, telephone service and gas service.
f) Plans for an overhead street lighting system shall be submitted for approval by the
City Engineer.
502.14-1
ORDINANCE 502 – ZONING ORDINANCE
g) Plans for drainage, including each lot and the entire manufactured home park,
shall be submitted for approval by the City Engineer.
h) The proposed method of disposing of garbage and refuse shall be identified and
described.
i) Location and size of all streets abutting the manufactured home park, and all
driveways from such streets to the park. Access to the manufactured home park
must be provided from a public street.
j) Plans and specifications for all road construction either within the manufactured
home park or directly related to park operation.
k) Floor plans of all service buildings to be constructed within the manufactured
home park.
l) Such other information as may be required or requested by the community.
m) Detailed description of maintenance procedures and grounds supervision,
including but not limited to, lawn maintenance, snow removal and garbage
collection and removal. The proposed procedures shall be as restrictive as those
of the City.
n) An acknowledgment wherein the owner of the park grants the City access to the
public areas of the park for purposes including, but not limited to, fire protection,
emergency assistance and routine patrol/police actions.
o) Plans and specifications for severe weather shelters shall be designed in
accordance with state laws.
Subd. 5: Performance Standards for Manufactured Home Parks.
a) Total Land Area Required. Minimum total park area shall be five (5) acres and
not less than 250 feet in width.
b) Distinctive design elements and/or themes common throughout the manufactured
home park are strongly encouraged.
c) All manufactured homes shall be properly connected to the municipal water
supply and the municipal sanitary sewer system. All water and sewer systems
shall be constructed in accordance with plans and specifications approved by the
Planning Commission and City Council.
d) The City shall determine/approve ingress and egress (including the number of
ingress/egress points) to manufactured home parks. Access from a roadway
supervised by another political subdivision shall be approved in writing by the
applicable political subdivision. Said ingress and egress to manufactured home
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ORDINANCE 502 – ZONING ORDINANCE
parks shall be designed to minimize congestion and hazards and allow free
movement of traffic on adjacent streets. Distinctive design elements/themes are
strongly encouraged for manufactured park entrances.
e) Internal Streets. Roadways shall be of adequate width to accommodate
anticipated traffic, and in any case shall meet the following minimum
requirements:
1. All internal streets shall be a minimum of 24 feet in width from face-of-
curb to face-of-curb with no parking signs posted by the manufactured
park owner.
2. All streets shall be provided with a paved concrete or bituminous surface.
Pavement edges shall be protected to prevent raveling of the wearing
surface and shifting of the pavement base as required by the City.
3. Street surfaces shall be maintained, free of cracks, holes and other hazards.
4. Maximum speed limits within the park shall not exceed ten (10) miles per
hour.
5. No parking shall be allowed on internal streets.
6. Dead-end streets shall be prohibited, except cul-de-sacs.
7. All streets should be posted with no parking signs.
f) Open Space Required. A minimum of 500 square feet per manufactured home lot
shall be provided for definable play areas with playground facilities/features and
open space within the manufactured home park. Such areas of open space and/or
play area shall not be areas included within any setback nor shall they include any
areas of less than 20 feet in length or width. Open space areas are subject to
approval by the City. The City may reduce the play area square footage
requirement by a maximum of thirty (30) percent of the total square feet required,
if the Park Owner/Developer installs trail facilities within the manufactured home
park.
g) Off-street Overload Parking Required. Each manufactured home park shall
maintain off-street overload parking lot for guests of occupants in the amount of
one (1) space for each three (3) sites. Overload parking lots shall be located
within three-hundred (300) feet of the unit(s) to be served and in compliance with
the parking lots standards contained in this Ordinance.
h) Patio required. Each manufactured home lot shall have a four-inch thick concrete
patio with a minimum total square footage of 150 feet. All sides of the patio shall
exceed nine (9) feet in length.
502.14-3
ORDINANCE 502 – ZONING ORDINANCE
i) Pedestrian Access Required. All parks shall be provided with safe convenient all-
season pedestrian access of adequate width for intended use, durable and
convenient to maintain, between individual manufactured home, the park streets
and all community facilities provided for park residents. A common walk system
shall be provided and maintained between locations where pedestrian traffic is
concentrated. Such common walks shall have a minimum width of 4½ feet and
shall be located on at least one side of the street. All manufactured homes shall be
connected to common walks, to paved streets, or to paved driveways or parking
spaces connecting to a paved street. Such individual walks shall have a minimum
width of two (2) feet. Common walkways shall connect to municipal trails where
feasible.
j) Tree Planting Required. A minimum of one tree per lot shall be required. In open
area and park area, a minimum of twenty trees per acre is required. Tree varieties
shall be native to the St. Joseph area. Trees shall be bound and burlapped with a
minimum trunk diameter of two (2) inches. Tree varieties and sizes proposed are
subject to approval by the City.
k) Storm Shelter Plan Required. All manufactured home parks shall provide a storm
shelter or a plan of sheltering for all residents of the park in times of severe
weather conditions such as tornadoes, high winds and floods. The plan shall be
developed with the input and approval of the City and shall be posted at
conspicuous locations throughout the park. The shelter must be available to all
residents of the park at any time of the day or night.
l) The corners of each manufactured home lot shall be clearly marked.
m) All utilities, such as sewer, water, fuel, electric, telephone and television antenna
lead-ins, shall be buried to a depth specified by the City Engineer, and there shall
be no overhead wires or support poles except those essential for street or other
lighting purposes.
n) Screening Required. All manufactured home parks shall be completely screened
along all manufactured home park property boundary lines separating the park
from adjacent properties and/or right-of-ways by a complete perimeter fence
consisting of wood, brick or stone and/or natural growth screening. Such fencing
and/or screening shall be maintained in excellent condition at all times and in all
other respects comply with the standards applicable to fencing and/or screening
set forth within this ordinance.
o) A properly landscaped area shall be adequately maintained around all public
areas, adjacent to all roadways and on each manufactured home lot.
p) Every structure in the manufactured home park shall be developed and maintained
in a safe, approved and substantial manner. The exterior of every such structure
shall be kept in good repair. All of said structures must be constructed to meet
existing city codes, state and federal laws.
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ORDINANCE 502 – ZONING ORDINANCE
q) Portable fire extinguishers rated for electrical and liquid fires shall be kept in all
service buildings and other locations conveniently and readily accessible for use
by all occupants.
r) All structures shall require a building permit.
s) It shall be the duty of the operator of the manufactured housing park to keep a
record of all homeowners and occupants located within the park. The park
operator shall keep the record available for inspection at all times by authorized
City officials and other public officials whose duty necessitates acquisition of the
information contained in the record. The record shall not be destroyed until a
period of three years following the date of departure of the registrant from the
park. The record shall contain:
1. The name and address of each unit occupant.
2. The name and address of the owner of each unit.
3. The make, model and year of the unit.
4. The date of arrival and departure of each unit.
t) The operator of any manufactured housing park or a duly authorized attendant
and/or caretaker shall be responsible at all times for keeping the park, its facilities
and equipment in a clean, orderly, operable and sanitary condition. An authorized
attendant or caretaker shall remain within twenty-five (25) miles of the
manufactured home park at all times and shall be answerable, along with said
operator, for the violation of any provisions of these regulations to which said
operator is subject.
u) All land area shall be adequately drained, landscaped to control dust, clean and at
all times free from refuse, garbage, rubbish or debris.
v) The storage, collection and disposal of refuse in the manufactured home park,
storage areas, grounds, buildings and structures shall be so conducted as to avoid
accumulations of debris and in a manner free of health hazards, rodent harborage,
insect breeding, accident or fire hazards or air pollution.
w) The growth of brush, weeds and grass shall be controlled at all times.
x) All provisions of this Ordinance relative accessory structures and outdoor storage
shall be adhered to at all times.
y) Manufactured Home Parks may be subject to additional requirements contained in
this Ordinance including, but not limited to the sections governing parking, home
occupations, flood plain/shoreland, signs, etc.
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 6: Manufactured Home Park Lot Requirements.
a) Each manufactured home site shall contain at least five thousand (5,000) square
feet of land area for the exclusive use of the occupant and shall be at least fifty
(50) feet wide.
b) Manufactured homes shall be placed upon manufactured home lots so that there
shall be at least a twenty (20) foot clearance between manufactured homes and
twenty-five (25) feet between the front of the manufactured home and the front lot
line and twenty (20) feet between the rear of the manufactured home and the rear
lot line.
c) Each manufactured home site shall be allowed an accessory building provided
that:
1. The accessory building is located at least three (3) feet from the property
line and there is a six (6) foot clearance between the accessory building
and a structure on the adjoining property.
2. The maximum size of an accessory building shall be 120 square feet (8’ x
10’).
3. The accessory building must match the color of the manufactured home on
the lot which it is located.
d) All structures shall require a building permit.
e) The area occupied by a manufactured home shall not exceed fifty percent (50%)
of the total area of a manufactured home lot.
f) All manufactured homes installed in a manufactured home park shall be placed
upon stands approved by the City and properly anchored to the ground. The
anchoring system shall be installed in conformance with applicable sections of the
State Building Code.
g) A minimum of one healthy tree per lot shall be maintained at all times. Tree
varieties shall be native to the St. Joseph area. Trees shall be bound and
burlapped with a minimum trunk diameter of two (2) inches. Tree varieties and
sizes proposed are subject to approval by the City.
h) Each manufactured home unit shall be skirted at its base with a durable material
that complements and is comparable to the exterior design of the unit.
i) All yards shall be landscaped except for necessary driveway and sidewalk needs
which shall not exceed one-half (1/2) the width of the site.
502.14-6
ORDINANCE 502 – ZONING ORDINANCE
j) Each manufactured home lot shall have off-street parking space for at least two
(2) automobiles. Each space shall be nine (9) feet by twenty (20) feet minimum
and located in the front of the lot.
k) Each site shall be numbered.
l) Fire extinguishing systems shall comply with the Uniform Fire Code.
m) Each manufactured home lot shall be so designed that automobiles may not be
parked within five (5) feet of the front of the manufactured home. Parking of
vehicles on the side or rear portions of an individual lot(s) is prohibited.
n) All manufactured homes moved into the park shall have a construction seal of
code and construction compliance and installation seal as issued by the State of
Minnesota as required under the State Building Code. No manufactured home
may be used or occupied until the city building official has issued a certificate of
occupancy as provided in the City Building Code.
o) All manufactured homes located in manufactured home parks shall be provided
with a landing and steps complying with the building code from each doorway
leading from a manufactured home.
p) All buildings or portions thereof which are determined to be substandard as
defined by the Building Inspector are declared to be public nuisances and shall be
abated by repair, rehabilitation, demolition or removal in accordance with the
procedure specified by the Building Inspector.
q) Manufactured homes that are rented shall at all times be subject to and in
compliance with the City’s Rental Ordinance.
r) Manufactured homes may be subject to additional requirements contained in this
Ordinance including, but not limited to the sections governing parking, home
occupations, flood plain/shoreland, signs, etc.
502.14-7
ORDINANCE 502 – ZONING ORDINANCE
Section 502.15: ADULT ENTERTAINMENT ESTABLISHMENTS
Subd. 1: Purpose and Intent.
a) The purpose and intent of the adult entertainment regulations set forth in this
ordinance is to serve a substantial government interest by attempting to preserve
the quality and vitality of neighborhoods, curtail the depression of property
values, restrain increased criminal activity and slow the spread of sexually
transmitted diseases.
b) Adult Entertainment Establishments, as defined by this Ordinance, because of
their very nature, are recognized as having serious objectionable operational
characteristics that have a deleterious effect upon the use and enjoyment of
adjacent areas. These secondary effects are especially evident where such uses
are concentrated.
c) One of the objectives of this Ordinance is to disperse the adult uses through
separation requirements from another adult use and from other significantly
incompatible uses. The ordinance allows adult entertainment establishments only
in Industry Districts. In this community, those areas provide opportunity for sites
with good visibility and access to major streets and highways.
d) The secondary effects associated with adult entertainment establishments, include
an increased level of criminal activity, increased risk of exposure to sexually
transmitted diseases, depression of property values and a significant change in the
character of surrounding neighborhoods.
e) However, it is recognized that such regulations cannot de facto approach
prohibition. Otherwise, a protected form of expression would vanish. The adult
entertainment regulations set forth herein represent a balancing of competing
interests, reduction of objectionable secondary effects through the regulation of
adult entertainment establishments versus the protected rights of the owners,
operators, performers and patrons of those establishments.
Subd. 2: Definitions. For purposes of this section, the following definitions shall apply:
a) Adult Arcade. An establishment where, for any form of consideration, one or
more motion picture projectors, video players, slide projectors, or similar
machines for viewing by five or fewer persons each are used to show films,
motion pictures, video cassettes, slides, or other photographic reproductions that
are characterized by an emphasis upon the depiction or description of specified
sexual activities, prohibited nudity or child pornography.
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ORDINANCE 502 – ZONING ORDINANCE
b) Adult Bookstore. An establishment that has more than twenty percent (20%) of
its stock-in-trade and offers for sale, any one or more of the following: 1) books,
magazines, periodicals, or other printed matter, or photographs, films, motion
pictures, video cassettes, slides, or other visual representations that are
characterized by an emphasis upon the depiction or description of specified sexual
activities, prohibited nudity or child pornography; or 2) instruments, devices, or
paraphernalia that are designed for use in connection with specified sexual
activities.
c) Adult Cabaret. A nightclub, bar, restaurant, or similar establishment that
regularly features live performances that are characterized by the exposure of
prohibited nudity or by specified sexual activities, or films, motion pictures, video
cassettes, slides, or other photographic reproductions in which a substantial
portion of the total presentation time is devoted to the showing of material that is
characterized by an emphasis upon the depiction or description of specified sexual
activities, prohibited nudity or child pornography.
d) Adult Motion Picture Theater. An establishment where, for any form of
consideration, films, motion pictures, video cassettes, slides, or similar
photographic reproductions are shown, and in which a substantial portion of the
total presentation time is devoted to the showing of material characterized by an
emphasis on the depiction or description of specified sexual activities, prohibited
nudity or child pornography.
e) Adult Theater. A theater, concert hall, auditorium, or similar establishment
characterized by activities featuring the exposure of prohibited nudity, specified
sexual activities or child pornography.
f) Child Pornography. Literature, books, magazines or other printed matter, or
photographs, films, motion pictures, video cassettes or other visual
representations depicting or displaying a person under the age of 18 and the
display or depicting is obscene as that term is defined by Minn. Stat. ' 617.241,
Subd. 1(a) or constitutes Prohibited Nudity as herein defined.
g) Sexual Encounter Establishment. An establishment other than a hotel, motel, or
similar establishment offering public accommodations, which, for any form of
consideration, provides a place where two or more persons may congregate,
associate, or consort in connection with specified sexual activities or the exposure
of prohibited nudity. This definition does not include an establishment where a
medical practitioner, psychologist, psychiatrist, or similar professional person
licensed by the state engages in medical care or sexual therapy; or any accredited
educational institution where prohibited nudity occurs in the context of modeling
for an art class.
502.15-2
ORDINANCE 502 – ZONING ORDINANCE
h) Prohibited Nudity. Prohibited Nudity means and includes any of the following:
1) less than completely and opaquely covered human genitals, pubic regions,
pubic hair, vulva, cleft of the buttocks, anus, or female breasts below a point
immediately above the top of the areolae; or 2) human male genitals in a
discernibly turgid state, even if completely and opaquely covered.
i) Specified Sexual Activities. Includes any of the following: 1) the fondling or
other erotic touching of human genitals, pubic region, buttocks, anus, or female
breasts; 2) sex acts, actual or simulated, including sexual intercourse, oral
copulation, flagellation, bestiality, sodomy or any sexual act which is prohibited
by law. 3) masturbation, actual or simulated; or 4) excretory functions as part of
or in connection with any of the activities set forth in subdivisions 1 through 3 of
this subsection.
Subd. 3: Adult Entertainment Establishment Standards.
a) Adult Entertainment Establishments shall be permitted only in areas zoned as
Industry Districts. Adult Entertainment Establishments shall not be permitted in
any other zoning district. Adult Entertainment Establishments shall have a
minimum separation of 500 lineal feet from any other adult entertainment
establishment, and at least 1,000 lineal feet from any hotel, motel, nursing care
home, home for the elderly, day care facility, church, school, residentially zoned
property or public parks.
b) Adult entertainment establishments shall not sell or dispense intoxicating or non-
intoxicating liquors, nor shall they be located in a building which contains a
business that sells or dispenses non-intoxicating or intoxicating liquors.
c) Adult entertainment establishment business shall not be conducted in a manner
that permits the perception or observation from any property not approved as an
adult use of any materials depicting, describing or related to “specified sexual
activities” or “specified anatomical areas” by any visual or auditory media,
including display, decoration, sign, show window, sound transmission or other
means.
d) Adult entertainment establishments shall prominently display at the entrance and
located within two feet of the door-opening device of the establishment a sign
which states “This business sells or displays material containing adult themes.
Persons under eighteen (18) years of age shall not enter.
e) No person under the age of eighteen (18) shall be permitted on the premises, and
no person under the age of eighteen (18) shall be permitted access to material
displayed or offered for sale or rent by adult entertainment establishments.
502.15-3
ORDINANCE 502 – ZONING ORDINANCE
Section 502.16: HOME OCCUPATIONS
Subd. 1: Purpose. The purpose of this Section is to provide a means through the
establishment of specific standards and procedures by which home occupations can be conducted
in residential neighborhoods without jeopardizing the health, safety and general welfare of the
surrounding neighborhood. In addition, this Section is intended to provide a mechanism
enabling the distinction between permitted home occupations and special or customarily “more
sensitive” home occupations, so that permitted home occupations may be allowed through an
administrative process rather than a legislative hearing process.
Subd. 2: Regulations. All occupations conducted in the home shall comply with the
provisions of this Section, the provisions of the district in which it is located and other sections
of this Ordinance.
Subd. 3: Process. Any home occupation as defined in this Ordinance shall require a
“home occupation license”. Such license shall be issued subject to the conditions of this Section
and other applicable City Code provisions and state law.
a) Permitted Home Occupations. A license for a Permitted Home Occupation may
be issued by the Zoning Administrator based upon proof of compliance with the
provisions of this Section. Application for the permitted home occupation license
shall be accompanied by a fee if so designated by City Council resolution. If the
Zoning Administrator denies a home occupation license to an applicant, the
applicant may appeal the decision to the City Council which shall make the final
decision. The license shall remain in full force and effect until such time as there
has been a change in conditions or until such time as the provisions of this Section
have been changed. At such time as the City has reason to believe that either
event has taken place, a public hearing shall be held before the Planning
Commission. The City Council shall make a final decision on whether or not the
permit holder is entitled to the license.
b) Special Home Occupations. Applications for Special Home Occupations shall be
submitted to the Zoning Administrator for review by the Planning Commission.
The City Council shall act upon the Planning Commission’s recommendation for
the issuance of a Special Home Occupation license.
Subd. 4: Permitted Home Occupation Regulations.
a) Permitted home occupations include and are limited to: art studio, secretarial
services, family day care, foster care, professional offices or consulting, teaching
with musical, dancing and other instructions which consist of no more than one
pupil at a time and similar uses.
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ORDINANCE 502 – ZONING ORDINANCE
b) The following regulations shall apply:
1. No person other than those who customarily reside on the premises and/or
one (1) additional employee shall be in one's employ on the premises.
2. All permitted home occupations shall be conducted entirely within the
principal building whenever possible and should not be conducted in an
accessory building.
3. Permitted home occupations shall not create a parking demand in excess
of that which can be accommodated in an existing driveway.
4. The home occupation shall not involve any of the following: repair service
or manufacturing which requires equipment other than found in a home;
teaching which customarily consists of more than one pupil at a time;
over-the-counter sale of merchandise produced off the premises, except
for those brand name products that are not marketed and sold in a
wholesale or retail outlet.
Subd. 5: Special Home Occupations.
a) Examples of Special Home Occupations include: barber and beauty services,
group nursery, bed and breakfasts, photography studio, taxidermy, saw
sharpening, small appliances and small engine repair and other occupations
similar in nature.
b) The following regulations shall apply:
1. Any home occupation which does not meet the specific requirements for a
permitted home occupation as defined in this Section shall require a
“special home occupation license” which shall be applied for, reviewed
and disposed of in accordance with the provisions of this Ordinance.
2. Declaration of Conditions. The Planning Commission and the Council
may impose such conditions of the granting of a “special home occupation
license” as may be necessary to carry out the purpose and provisions of
this Section.
3. A “Special Home Occupation License” may be issued for a period of one
(1) year after which the license may be reissued for periods of up to five
(5) years each. Each application for license renewal shall, however, be
processed in accordance with the procedural requirements of the initial
special home occupation license.
502.16-2
ORDINANCE 502 – ZONING ORDINANCE
4. Special Home Occupation Requirements.
A. No person other than a resident shall conduct the home occupation,
except where the applicant can satisfactorily prove unusual or
unique conditions or need for non-resident assistance and that this
exception would not compromise the intent of this Ordinance.
B. The home occupation may involve any of the following: stock-in-
trade incidental to the performance of the service, repair service or
manufacturing which requires equipment other than customarily
found in a home, the teaching with musical, dancing and other
instruction of more than one pupil at a time.
C. Bed and Breakfasts may be permitted as a special home occupation
provided that:
i. Four (4) or fewer rooms are for rent for a period not to
exceed fourteen (14) consecutive days during any ninety
(90) day period.
ii. The establishment conforms with the State Health and
Building Code requirements.
iii. Large functions of twenty five (25) or more such as
receptions or business meetings shall be permitted on-site
providing such functions shall be limited to a maximum of
seventy-five (75) people. The total of said functions shall
not exceed four (4) events per calendar year.
iv. Small functions of less than twenty five (25) people such as
receptions or business meetings shall be permitted on site,
unrestricted.
D. Special home Occupations shall adhere to the off-street parking
requirements within this Ordinance.
E. Massage Therapy may be permitted as a special home occupation
provided that all requirements outlined in this Section and other
City Ordinances are met.
Subd. 6: General Provisions.
a) No home occupation shall produce light glare, noise, odor or vibration that will in
any way have an objectionable effect upon adjacent or nearby property.
502.16-3
ORDINANCE 502 – ZONING ORDINANCE
b) No equipment shall be used in the home occupation which will create electrical
interference to surrounding properties.
c) Any home occupation shall be clearly incidental and secondary to the residential
use of the premises, should not change the residential character thereof, and shall
result in no incompatibility or disturbance to the surrounding residential uses.
d) There shall be no exterior storage of equipment or materials used in the home
occupation, except personal automobiles used in the home occupation may be
parked on the site.
e) There shall be no display or evidence apparent from the exterior of the lot that the
premises are being used for any purpose other than that of a dwelling, with the
exception that one (1) non-illuminated sign measuring one and one-half (1½)
square feet may be attached to the dwelling.
f) Whenever within one (1) year after granting a license, the use as permitted by the
license shall not have been initiated, then such license shall become null and void
unless a petition for extension of time in which to complete the work has been
granted by the Council.
Subd. 7: Non-Conforming Use. Existing home occupations lawfully existing on the
effective date of this Ordinance may continue as non-conforming uses. They shall however, be
required to obtain licenses for their continued operation. Any existing home occupation that is
discontinued for a period of more than one (1) year shall be brought into conformity with the
provisions of this Ordinance prior to re-institution.
Subd. 8: Inspection. The City hereby reserves the right, upon issuing any home
occupation license to have the Zoning Administrator or designee inspect the premises in which
the occupation is being conducted to ensure compliance and the provisions of this Section or any
conditions additionally imposed.
502.16-4
ORDINANCE 502 – ZONING ORDINANCE
Section 502.17: MINING AND EXTRACTIVE USES
Subd. 1: Purpose. The purpose of this Section is to control mining operations so as to
minimize conflicts with adjacent land uses and to ensure that the mining area is reclaimed with a
use compatible with the City’s Comprehensive Plan and completely restored at the completion of
the mining/extraction operation.
Subd. 2: Scope.
a) The operations covered by this Section shall be the mining, crushing, washing,
refining or processing of sand, gravel, rock, black dirt, peat and soil and the
removal thereof from the site.
b) For the purposes of this Ordinance, mining shall not include the removal of
materials associated with the construction of a building, the removal of excess
materials in accordance with approved grading plans, development plans, plats,
utility or highway construction, agricultural improvements within the property
and sod removal with resulting materials distributed on the immediate property.
Subd. 3: Permits/Financial Guarantee Required.
a) An interim use permit shall be required for all mining operations. All existing
operations shall obtain a permit upon expansion of the use or upon the resumption
of mining activities after a period of one year without commercial mining activity.
b) The City may require a performance bond or other form of financial guarantee
from the landowner and/or applicant to ensure the conditions of this Section and
the interim use permit are met.
c) Renewal of Interim Use Permits. All property owners and residents within 350 of
the mining operation shall be notified of a proposed mining interim use permit
renewal request.
d) Annual Certificate of Permit Compliance Required. As a condition of any mining
interim use permit, the property owner and/or applicant shall annually submit
graphic and/or narrative information on the mining operation demonstrating
compliance with the approved interim use permit, progress on restoration plans
and related conditions. Said compliance information shall be submitted thirty
(30) days prior to the anticipated opening date of the mine each spring. The City
shall review the compliance information and conduct a field inspection to certify
502.17-1
ORDINANCE 502 – ZONING ORDINANCE
that the mining operation is in compliance with the approved interim use permit
and that the financial guarantee or bonding is adequate to complete the
restoration. The certification shall be completed before mining begins. Failure to
submit the annual compliance information or violations of the interim use permit
shall be grounds for revocation of the interim use permit.
Subd. 4: Application Requirements. The following information shall be provided by the
applicant.
a) Name and address of all applicants/land owners.
b) Legal description(s) of subject property.
c) Total acreage of area to be mined, including future expansion areas.
d) A vicinity map of the proposed site in relation to all areas within 350 feet of the
proposed site including existing land uses, roadways, wetlands, tree stands and
vegetation.
e) A full-size map(s) drawn at a scale of one (1) inch to one-hundred (100) feet
including and ten 8½X11” copies of the map(s):
1. Existing Conditions.
A. Contour map at two (2) foot intervals.
B. Existing vegetation.
C. Observed or estimated groundwater elevation in reference to a
permanent benchmark established in an area within the proposed
site, but not disturbed by the mining operation.
D. Wetlands and existing surface water drainage patterns.
E. Existing structures.
2. Proposed Operations Plan.
A. Structures to be erected.
B. Location of sites to be mined showing depth of proposed
excavation.
C. Type and location of machinery to be used in the mining operation.
502.17-2
ORDINANCE 502 – ZONING ORDINANCE
D. Location of storage of mined materials, showing maximum height
of storage deposits.
E. Location of vehicle parking, access roads, local streets and truck
routes.
F. Location and storage of explosives.
G. Proposed methods for stabilizing slopes from erosion following
seasonal operations.
H. Staging of mining activity.
3. End Use Plan.
A. Final grade of proposed site showing elevations and contour lines
at two (2) foot intervals.
B. Location and species of vegetation to be replanted.
f) A Resource Management Plan including, but not limited to, measures for surface
water runoff, erosion control and preservation of woodland and water resources.
g) A cross-section sketch of proposed mining operations.
h) A proposed land use and development plan to be implemented following the
conclusion of the mining operation.
i) A plan for dust and noise control.
j) A complete description of all phases of the proposed operation to include:
duration of the mining operation, type and amount of sand/gravel/other products
that will be removed, operational hours/days/months, site dewatering
activities/volume, staging plan with approximate acreage included in each stage
and mining and reclamation time schedule.
k) A description of how materials will be transported from the site including the
route, method of carrying, number of carriers involved and ultimate destination.
l) A security statement by the applicant which demonstrates proposed activities will
not jeopardize the public health, safety and welfare and/or the activity is
appropriately fenced to provide adequate protection.
502.17-3
ORDINANCE 502 – ZONING ORDINANCE
m) Written, signed and notarized agreement allowing the City and/or its assigns to
enter the land at any time for the purpose of (1) determining compliance with all
applicable conditions imposed on the operation, (2)carrying out activities covered
by performance bond/other financial guarantees in the event the property
owner/applicant does not comply with standards herein providing the City has
sent a written warning to the property owner/applicant at the address included in
the permit application or (3) providing emergency assistance.
n) Additional information as requested by the City.
Subd. 5: Setbacks.
a) Processing of minerals shall not be conducted closer than one hundred (100) feet
to the property line or 500 hundred (500) feet from a residential or commercial
structure on adjacent properties.
b) Mining operations shall not be conducted closer than two hundred (200) feet from
any residence or residential zoning classification boundary existing on the
approval date of the mining interim use permit.
c) Mining operations shall not be conducted within thirty (30) feet of any property
line or within thirty (30) feet of the right-of-way line of any existing or platted
street.
Subd. 6: Performance Standards. The following standards apply to all mining
operations.
a) Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as
may be necessary to preserve a reasonably neat appearance and to minimize
seeding on adjacent property.
b) Equipment used for mining and extraction operations shall be constructed,
maintained and operated in accordance with applicable local, state and federal
regulations.
c) Mining and extraction shall be conducted in a manner to minimize the production
of noise, dust, odor, glare and vibration adversely affecting adjacent property.
d) The mining operation shall be conducted and ended in a manner which minimizes
interference with the surface water drainage of adjacent properties.
e) Safety fencing may be required around all or portions of the mining operation at
the City’s discretion.
502.17-4
ORDINANCE 502 – ZONING ORDINANCE
f) The location of the intersection of mining access roads with any public roads shall
be selected such that traffic on the access roads will have a sufficient visual
clearance as to ensure turns onto public rights-of-way can be completed safety as
determined by the City Engineer. Signage may be required.
g) All roads from mining operations to public highways, roads or streets or to
adjoining property shall be paved or otherwise maintained to control dust.
h) The intersection of mining access roads and public rights-of-way shall at all times
remain free of mining/extractive debris, sand, dirt, gravel, etc.
i) A screening barrier sufficient to substantially shield mining operations from the
view of adjacent properties, year-round, shall be required between mining
operations and adjacent properties. The City may also require screening between
the mining site and public rights-of-way located within 500 feet of the mining or
processing operation. Proposed screening treatments shall be approved by the
City.
j) All buildings, structures and equipment used for the production or processing of
sand and gravel shall be properly maintained.
k) Hours of operation shall be approved by the City and set forth in the interim use
permit.
l) Water pumps needed for mining operations shall require a permit from the
Department of Natural Resources, Division of Waters, if necessary.
Subd. 7: Land Reclamation. All mining sites shall be reclaimed immediately after
mining operations cease. Reclamation shall be completed within one (1) year. The City may
require a performance bond or other financial guarantee be maintained to assure the reclamation
is completed as planned and within requirements. The City may draw down said financial
guarantee to implement reclamation plans in the event the applicant fails to comply with
approved standards.
a) Within a period of three (3) months after the final termination of a mining
operation, or within three (3) months after abandonment of a mining operation for
a period of six (6) months, or within three (3) months after the expiration of a
mining interim use permit: all buildings, structures, machinery and plants
incidental to such operation shall be dismantled and removed by, and at the
expense of, the mining operator last operating said buildings, structures,
machinery and plants. A maximum one-year, non-renewable extension may be
granted for those buildings, structures, machinery and plants required to process
previously mined materials stored on the site. The City may require a
performance bond or other financial guarantee that said dismantling/removal is
accomplished.
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ORDINANCE 502 – ZONING ORDINANCE
b) All peaks and depressions within the subject property shall be graded and back-
filled to a surface which will result in a gently rolling topography in substantial
conformity to the land area immediately surrounding the subject property and
which will minimize erosion due to rainfall. Finished grades shall not exceed a
twenty (20) percent grade.
c) Reclamation shall begin after the mining of twenty-five (25) percent of the total
area to be mined or four (4) acres, whichever is less. Once these areas have been
depleted of the mine deposits they shall be sloped and seeded in compliance with
the end use plan.
d) Reclaimed areas shall be surfaced with soil of a quality at least equal to the
topsoil of land areas immediately adjacent to the subject property at a continuous
depth of at least six (6) inches. The exposed topsoil shall be immediately and at
all times seeded, sodded or planted to minimize erosion.
e) The finished grade shall be such that it will not adversely affect the surrounding
land or future development of the site and shall be consistent with the end use
plan.
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ORDINANCE 502 — ZONING ORDINANCE
Section 502.18: STORMWATER MANAGEMENT
Subd. 1: Intent, Purpose. The purpose of this Section is to establish regulatory
requirements for land development and land disturbing activities aimed at minimizing threats to
public health, safety, public and private property and natural resources within the City of St.
Joseph resulting from construction site erosion and post construction stormwater runoff. The
Objectives of this Section are:
(a) To maintain compliance with the City of St. Joseph's Stormwater Pollution
Prevention Program.
(b) To regulate land disturbing activity; installation, operations, maintenance and
replacement of the stormwater system (MS4); and to protect and prevent the
discharge of sediment into public and/or private lands, public infrastructure, wetlands
and water of the State.
(c) To establish legal authority to carry out all inspections, monitoring and enforcement
procedures necessary to comply with this ordinance.
Subd. 2: Definitions.
a) Best Management Practices (BMPS): Practices to prevent or reduce the pollution of
the waters of the state, including schedules of activities, prohibitions of practices, and
other management practice, and also includes treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or leaks, sludge, or
waste disposal or drainage from raw material storage.
b) Certified Contractor: A person who has received training to inspect and maintain
erosion and sediment control practices.
c) Clearing: Any activity that removes ground cover and exposes topsoil material.
Drainage way: Any channel that conveys surface runoff throughout the site.
d) Erosion Control: A measure that prevents soil particle exposure and detachment.
e) Erosion and Sediment Control Plan: A set of plans prepared by or under the direction
of a licensed professional engineer or certified contractor indicating the specific
measures and sequencing to be used to control the sediment and erosion on a
development site during and after construction.
f) Grading: Excavation or fill of material.
g) Impaired or Special Waters: Waters identified as impaired under section 303 (d) of
the federal Clean Water Act for phosphorus (nutrient eutrophication biological
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ORDINANCE 502 — ZONING ORDINANCE
indicators), turbidity, dissolved oxygen or aquatic biota (fish bio -assessment, aquatic
plant bio -assessment and aquatic macroinvertebrate bioassessment).
h) Land Disturbing: Any project or activity, including removal of vegetation,
excavations, clearing, filling, stockpiling and grading, or other earth change that
directly or indirectly affects slopes, water bodies, the moving of ground cover or may
result in the movement of sediment.
i) Land Disturbance Permit: A permit issued by the City for the construction or
alteration of ground cover improvement and structures for the control of erosion,
runoff and grading.
j) Municipal Separate Storm Sewer System (MS4): The conveyance or system of
conveyances including roads with drainage systems, municipal streets, catch basins,
curbs, gutters, ditches, manmade channels, or storm drains owned and operated by the
City of St. Joseph, which is designed or used for collecting or conveying stormwater.
k) New Development: All construction activity that is not defined as redevelopment.
1) Owner and/or Operator: Includes the plural as well as the singular, and where
appropriate shall include a natural person, partnership, firm, association, public, or
quasi -public corporation, private corporation, or a combination of any of them, with
legal or equitable interest in the parcel of record or as identified on the land
disturbance permit.
m) Perimeter Control: A barrier that prevents sediment from leaving a site by filtering
sediment -laden runoff or diverting it to a sediment trap or basin.
n) Redevelopment: Projects with more than 15 percent impervious surface prior to
construction.
o) Site: A parcel of land or a contiguous combination thereof, where grading work is
performed as a single unified operation.
p) Stabilize, Stabilized, Stabilization: The exposed ground surface has been covered by
appropriate materials such as mulch, staked sod, riprap, erosion control blanket, mats
or other material that prevents erosion from occurring. Grass seeding, agricultural
crop seeding or other seeding alone is not stabilization. Mulch materials must achieve
approximately 90 percent ground coverage (typically 2 ton/acre).
q) Start of Construction: The first land disturbing activity associated with a
development, including land preparation such as ground clearing (grubbing), grading,
and filling. Installation of streets and walkways, excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation of accessory
buildings such as garages.
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ORDINANCE 502 — ZONING ORDINANCE
r) Sediment: Soil particle(s) exposed to movement.
s) Sediment Control: Measures that prevent eroded sediment from leaving the site.
t) Steep Slopes: Slopes that are 1:3 (V:H) (33.3 percent) or steeper in grade.
u) Stormwater: Rainwater runoff, snow melt runoff, and surface runoff and drainage.
(Minn .R. 7090.0080, subp. 12.)
v) Stormwater Pollution Prevention Plan (SWPPP): A comprehensive plan developed to
manage and reduce the discharge of pollutants in stormwater.
w) Structural Stormwater BMP's: Stationary and permanent BMPs designed, constructed
and operated to prevent or reduce discharge of pollutants in stormwater.
Subd. 3: Land Disturbance Permit.
a) Applicability. Unless expressly exempted, a land disturbance permit shall be
required for any of the following activities:
Residential, Commercial and Industrial Site Construction Plans. All persons
wishing to start a land disturbance project on an existing lot of record for the
purposes of the construction of a residential, commercial or industrial primary
structure, shall submit a land disturbance permit at the time of obtaining a
building permit.
2. Roadway and Utility Installation Construction Plans. All persons wishing to
start a land disturbance project on an existing lot of record, for the purposes of
the construction of any roadway or utilities, shall submit a Land Disturbance
Permit to the City at the time of roadway and utility plan, which shall be
approved by the City Engineer.
3. Land disturbance activity that disturbs land that has any of the following
characteristics:
i. within 25 feet of a waterway;
ii. highly erodible soils; or
iii. any land disturbing activity that the City determines to have a high risk for
pollution due to proximity to stormwater infrastructure or public right of
way, steep slopes, or other extraordinary factors.
iv. Temporary stockpiling of 50 or more cubic yards of excess soil on any lot
or other vacant area shall not be allowed without issuance of a land
disturbance permit (and any other permit required by city ordinance) for
the earth moving in question.
b) Exempt Land Disturbance Activities. The following activities do not require a
land disturbance permit:
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ORDINANCE 502 — ZONING ORDINANCE
Any emergency work that is immediately necessary for the protection of
life, property, or natural resources.
2. Existing nursery, as long as the activity does not exceed 43,560 square feet
(one acre) and agriculture operations as a permitted main or accessory use.
Subd. 4: Land Disturbance Permit Process and Data Requirements.
a) Application. Every applicant, prior to engaging in any land disturbing activity
regulated by this Ordinance, must apply to, and obtain from the City a land
disturbance permit. In all cases, the application must contain the required
information as outlined in this Ordinance, the application fee in an amount
established in the City's fee schedule, and if applicable a Stormwater Pollution
Prevention Plan which shall be reviewed and approved by the City prior to the
issuance of the land disturbance permit. No land disturbing activity regulated by
this Section may begin until the applicant has received a land disturbance permit
from the City. Each application shall include at a minimum:
Application form and fee.
2. Project name.
3. Address of the proposed land disturbing activities.
4. Total square feet to be disturbed.
5. Name, address, and contact information of the owner and/or developer of
the site.
6. Name and contact information of consulting firm(s) retained by owner
and/or operator, if applicable.
7. Unless otherwise exempted by this Ordinance, projects that create'/2 acre
or more of new impervious surface and/or redeveloped or 1 acre of land
is disturbed shall include a Stormwater Pollution Prevention Plan which
shall meet the requirements set forth in the City of St. Joseph Stormwater
Management Design Standards and as established by the Minnesota Pollution
Control Agency.
8. Erosion and Sediment Control Plan, including a site construction plan
which shall include the following information:
A. Existing site conditions showing the site and immediately
adjacent areas, including, floodplains, floodways, wetlands,
waterbodies, and stormwater drainage areas.
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ORDINANCE 502 — ZONING ORDINANCE
B. Locations and dimensions of all proposed land disturbing
activities and any phasing of those activities;
C. Locations and dimensions of all temporary soil or dirt
stockpiles;
D. Locations and dimensions of all erosion prevention measures
and best management practices necessary to meet the
requirements of this Ordinance;
E. Schedule of anticipated starting and completion date of each
land disturbing activity including the installation of
construction site erosion control measures needed to
meet the requirements of this Ordinance.
F. Provisions for maintenance of erosion and sediment
prevention measures prior to final stabilization.
9. A plan of final site conditions, including final grading and
drainage, the establishment of permanent vegetation and a
clear delineation and tabulation of all impervious surfaces to
be installed on the site, including a description of the
surfacing material to be used.
10. Inspection and maintenance agreement and maintenance plan
(if applicable).
b) Review. The City or City's designated representative will review each land
disturbance permit application. It is the responsibility of the owner and/or
operator to meet the provisions of this Ordinance and the City of St. Joseph
Stormwater Management Design Standards. Most land disturbance permits for
building site plans will be issued within the same time period as the building
permit. The City of St. Joseph shall in writing either:
1. Approve the permit application;
2. Approve the permit application subject to such reasonable conditions as may
be necessary to secure substantially the objectives of this regulation, and issue
the permit subject to these conditions; or
3. Disapprove the permit application, indicating the reason(s) and procedure for
submitting a revised application and/or submission.
Subd. 5: Erosion and Sediment Control Plan. The Erosion and Sediment Control Plan
shall meet this Ordinance, the MPCA NPDES Construction Permit, and City of St. Joseph
Stormwater Management Design Standards. Grading, erosion control practices, and waterway
crossing shall be designed to adequately prevent the transportation of sediment from the site to
the satisfaction of the intent and purpose of this Ordinance. The City may apply stricter standards
or require temporary and permanent erosion and sediment control measures in addition to those
required by other public entities as deemed necessary to meet the purpose and objectives of this
502.18-5
ORDINANCE 502 — ZONING ORDINANCE
Ordinance. At a minimum, the following shall be automatically implemented:
a) Silt fencing or other sediment control practices shall be installed on all down gradient
perimeters prior to any land disturbing activity.
b) Rock mixture (as specified by the City Engineer and as recommended by the
Minnesota Pollution Control Agency in its publication Protecting Water Quality in
Urban Areas) shall be placed at the entrance to prevent sediment tracking.
Subd. 6: Stormwater Management Plan Required. The proposed provisions for
stormwater runoff shall be documented in a stormwater management plan prepared by a
Minnesota licensed engineer and in compliance with the City of St. Joseph Stormwater
Management Design Standards. Such stormwater management plan shall be reviewed and
approved by the City Engineer. All stormwater management and erosion and sediment control
shall comply with all applicable requirements of the watershed districts or water management
organizations in which the project is located. In the case of provisions in this Ordinance and
requirements of watershed districts or water management organizations that overlap or conflict,
the strictest provisions shall apply to the activities.
Subd. 7: Storm Water Development Fees. Following approval of a stormwater
management plan, applicants shall pay to the City a storm water development fee based upon the
square footage of the project's Net Developable Property. "Net Developable Property" is
defined as the gross land area minus the streets and other land area dedicated to the public. The
per square foot fee shall be set by the City Council and adjusted from time to time by resolution.
The City, in its sole discretion, may allow the applicant to offset the storm water fee, the cost of
construction or maintenance of community storm water management facilities designed to serve
multiple land disturbing and development activities that the developer paid for.
Subd. 8: Maintenance of Private Stormwater Management Facilities.
a) No private stormwater management facilities may be approved unless a
maintenance plan is provided and is consistent with the City of St. Joseph
Stormwater Management Design Standards.
b) Owners of private stormwater management facilities shall enter into a
Maintenance Agreement with the City describing responsibility for the long-term
operation and maintenance of the facilities. Agreements are transferable to any
party that becomes the owner/operator of the site.
Subd. 9: Public Stormwater Management Facilities - Easements. The applicant shall
establish, in a form acceptable to the City, temporary and perpetual easements, or dedicated
outlots, for ponding, flowage, and drainage purposes over hydrologic features such as water
bodies and stormwater basins. The easements or outlots shall include right of reasonable access
for inspection, monitoring, maintenance, and enforcement purposes.
Subd. 10: Stabilization Desim.
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ORDINANCE 502 — ZONING ORDINANCE
a) Stabilization and use of Best Management Practices shall be in accordance with
approved BMP's as recommended by the Minnesota Pollution Control Agency
(MPCA) in its publication Protecting Water Quality in Urban Areas, or as
amended and approved by the City.
b) Erosion control requirements shall include the following:
1. Soil stabilization shall be completed within 7 days of clearing or inactivity in
construction.
2. If seeding or another erosion control measure is used, it shall become
established within three weeks or the City of St. Joseph may require the site to be
reseeded or a no vegetative option employed.
3. Soil stockpiles must be stabilized or covered at the frequency as all other
stabilization activities.
4. The entire site must be stabilized, using a heavy mulch layer or another
method that does not require germination to control erosion.
5. Techniques shall be employed to prevent the blowing of dust or sediment from
the site to the maximum extent possible.
6. Technique that diverts upland runoff past disturbed slopes shall be employed
to the maximum extent possible.
7. Other best management principals in order to ensure that sediment is not
tracked onto public streets by construction vehicles or washed into storm drains
such as rock construction entrances.
8. Removal of all debris, dirt and soil from impervious ground surfaces, including
abutting public or private roadways and sideways, sediment basins, catch basins
and in connection with the subject property,
Subd. 11: Inspection and Maintenance.
a) The Developer shall pay for all costs incurred by the City for subdivision review and
inspection. This would include preparation and review of plans and specifications by
technical assistants and costs incurred by the Attorney, as well as other costs of similar
nature.
b) The City or City's designated agent shall make inspections as hereinafter required and
either shall approve that portion of the work completed or shall notify the permittee
wherein the work fails to comply with the Storm Water Pollution Prevention Plan as
approved. Plans for grading, stripping, excavating and filling work bearing shall be
maintained at the site during the progress of the work.
c) The permittee or his/her agent shall make regular inspections of all control measures once
502.18-7
ORDINANCE 502 — ZONING ORDINANCE
every seven (7) days during active construction and within 24 hours after a rainfall event
greater than .5 inches in 24 hours. The purpose of such inspections will be to determine
the overall effectiveness of the control plan and the need for additional control measures.
All inspections shall be documented in written form and available upon request to the
City.
d) All inspections and maintenance conducted during construction must be recorded in
writing and must be retained with the SWPPP. Records of each inspection and
maintenance activity shall include:
1. Date and time of inspection.
2. Name of person(s) conducting the inspections.
3. Findings of inspections, including recommendations for corrective actions.
4. Date and amount of all rainfall events 0.5 inches or greater in 24 hours.
5. Corrective actions taken (including dates, times, and the party completing the
maintenance activities).
6. Documentation of changes made to SWPPP.
e) The City or City's designated agent shall enter the property of the applicant as deemed
necessary to make regular inspections to ensure the validity and compliance of the permit
filed.
f) The Applicant shall notify the City a minimum of forty-eight hours (48) notice prior to
the following required City Inspections.
1. Initial Inspection — when all Erosion and Sediment Control BMP's are installed.
2. Project Complete Inspection — when the project is complete including, but not limited
to, final Grading, installation of all Stormwater Management Facilities and Final
Stabilization measures are complete.
g) Parts of the construction site that have achieved final stabilization, but work continues on
other parts of the site, inspections of the stabilized areas can be reduced to once a month.
If work has been suspended due to frozen ground conditions, the required inspections and
maintenance must take place as soon as runoff occurs or prior to resuming construction,
which ever happens first.
h) All erosion and sediment BMP's shall be inspected to ensure integrity and effectiveness.
All nonfunctional BMP's shall be replaced or supplemented with a functional BMP. The
Permittee shall investigate and comply with the following inspection and maintenance
requirements.
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ORDINANCE 502 — ZONING ORDINANCE
i) All silt fences must be repaired, replaced or supplemented when they become
nonfunctional or the sediment reaches 1/2 of the height of the fence. These repairs shall be
made within 24 hours of discovery or as soon as field conditions allow access.
j) Temporary and permanent sedimentation basins must be drained and the sediment
removed when the depth of sediment collected in the basin reaches 1/2 the storage
volume. Drainage and removal must be completed with 72 hours of discovery, or as soon
as field conditions allow access.
k) Surface waters, including drainage ditches and conveyance systems must be inspected for
evidence of sediment being deposited by erosion. The Permittee shall remove all deltas
and sediment deposited in surface waters, including drainage ways, catch basins, and
other drainage systems, and re -stabilize the area where sediment removal results in
exposed soil. The removal and stabilization shall take place within seven (7) days of
discovery unless precluded by legal, regulatory, or physical access constraints. The
Permittee shall use all reasonable efforts to obtain access. If precluded, removal and
stabilization shall take place within seven (7) calendar days of obtaining access. The
Permittee is responsible for contacting all local, regional, state and federal authorities and
receiving any applicable permits prior to conducting any work.
1) Construction site vehicle exit locations shall be inspected for evidence of off-site
sediment tracking onto paved surfaces. Tracked sediment shall be removed from all off-
site paved surfaces within 24 hours of discovery or if applicable within a shorter time.
M) The Permittee is responsible for the operation and maintenance of temporary and
permanent water quality management BMP's as well as all erosion prevention and
sediment control BMP's for the duration of the construction work at the site. The
Permittee is responsible until another Permittee has assumed control over all areas of the
site that have not been finally stabilized or the site has undergone final stabilization and a
notice has been submitted to the MPCA if the project has a SWPPP.
n) If sediment escapes the construction site, off-site accumulations of sediment shall be
removed in a manner and at a frequency sufficient to minimize off-site impacts (e.g.
fugitive sediment in streets could be washed into storm sewers by the next rain and/or
pose a safety hazard to users of public streets).
o) All infiltration areas shall be inspected to ensure that no sediment from ongoing
construction activities is reaching the infiltration area and these areas are protected from
compaction due to construction equipment driving across the infiltration area.
Subd. 12: Final Stabilization. The Permittee must ensure final stabilization of the site.
Final stabilization is achieved in the following ways:
a) All soil disturbing activities at the site have been completed and all soils will be
stabilized by uniform perennial vegetative cover with a density of at least 70 percent over
502.18-9
ORDINANCE 502 — ZONING ORDINANCE
the entire pervious surface area or other equivalent means necessary to prevent soil
failure under erosive conditions and:
1) All drainage ditches, constructed to drain water from the site after construction is
complete must be stabilized to preclude erosion; and
2) All temporary synthetic, and structural erosion prevention and sediment control
BMP's (such as silt fence) must be removed as part of the site final stabilization; and
3) The Permittee must clean out all sediment from conveyances and from temporary
sedimentation basins that are to be used as permanent water quality management
basins. Sediment must be stabilized to prevent it from washing back into the basin,
conveyances or drainage ways, discharging off-site or to surface waters. The cleanout
of permanent basins must be sufficient to return the basin to design capacity.
b) For residential construction only, final stabilization has been achieved when:
1) Temporary erosion protection and down gradient perimeter control for individual lots
has been completed and the residence has been transferred to the homeowner.
2) The Permittee must distribute the MPCA "Homeowner Fact Sheet" to the homeowner
to inform the homeowner of the need, and benefits of final stabilization.
Subd. 13: Financial Security. The City of St. Joseph may require at their discretion a
letter of credit or other financial security in a form acceptable to the City in the amount of 150%
of the total estimated construction cost of the stormwater management systems. Financial
securities shall not be released until all permitted and remedial work is completed. Financial
sercurities may be used by the City to complete work not completed by the Applicant.
Subd. 14: Enforcement.
a) Compliance required. The applicant shall implement and comply with the land
disturbance permit prior to and during any construction of land disturbing activity under
the land -disturbing permit. All stabilization measures shall be implemented and
maintained until all grading, excavation and construction work has ended.
b) Stop -Work Order: Revocation of Permit and Suspension of Construction In the event that
any person holding a land disturbance permit pursuant to this ordinance violates the terms
of the permit and in found non-compliant with the permit or implements site development
construction practices in such a manner as to materially adversely affect the health,
welfare, or safety of persons residing or working in the neighborhood or development site
so as to be materially detrimental to the public welfare or injurious to property or
improvements in the neighborhood, the City of St. Joseph may suspend construction and
revoke the site development permit. The City shall serve upon the property manager, or
other responsible persons written notice of the violation of the approved Land
Disturbance Permit.
502.18-10
ORDINANCE 502 — ZONING ORDINANCE
c) Violation and Penalties. No person shall construct, enlarge, alter, repair or maintain any
grading, excavation, or fill or cause the same to be done, contrary to or in violation of any
terms of this ordinance. Any person violating any of the provisions of this ordinance shall
be deemed quality of a misdemeanor and each day during which any violation of any of
the provisions of his ordinance is committed, continued, or permitted, shall constitute a
separate offence. Upon conviction of any such violation, a fine to be determined by the
City of St. Joseph for each offense shall punish such person, partnership or corporation.
In addition to any other penalty authorized by this section, any person, partnership, or
corporation convicted of violating any of the provisions of this ordinance shall be
required to bear the expense of such restoration.
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ORDINANCE 502 – ZONING ORDINANCE
Section 502.19: LAND, WOODLAND AND WETLAND PRESERVATION
Subd. 1: Purpose. The purpose of this Subdivision is to ensure that the natural features
within the City are protected and to minimize any adverse effects development might have on the
environment.
Subd. 2: Soil Erosion and Sedimentation Control.
a) General Standards.
1. All development shall conform to the natural limitations presented by the
topography and soil in order to create the best potential for preventing soil
erosion.
2. Development on slopes with a grade above 12 percent shall be carefully
reviewed to insure that adequate measures have been taken to prevent
erosion, sedimentation, and structural damage.
3. Land shall be developed in increments of workable size such that adequate
erosion and siltation controls can be provided as construction progresses.
The smallest practical area of land shall be exposed at any one period of
time and no exposure shall exceed 65 days unless extended by the
Council.
4. Where the topsoil is removed, sufficient arable soil shall be set aside for
re-spreading over the disturbed area or new topsoil shall be brought in.
The topsoil shall be restored to a depth of four inches and shall be of a
quality at least equal to the soil quality prior to development.
Subd. 3: Woodland Preservation.
a) Structures and other amenities shall be located in such a manner that the optimum
number of trees shall be preserved.
b) If there are no feasible or prudent alternatives to the cutting of trees on a
development site and if trees are cut, trees should be re-planted to restore the
density of trees to that which existed before development.
c) Forestation, reforestation, or landscaping should utilize a variety of tree species
and should not utilize any species under disease epidemic. Species planted should
be hardy under local conditions and compatible with the local landscape.
502.19-1
ORDINANCE 502 – ZONING ORDINANCE
d) Development including grading and contouring shall take place in such a manner
that the root zone aeration stability of existing trees will not be affected and
should provide existing trees with a watering area equal to not less than one-half
of the crown area.
Subd. 4: Regulation of Activities Adjacent to Wetlands.
a) The following activity shall be subject to a 50 foot setback from wetlands: The
construction or maintenance of a building attached to a foundation, including but
not limited to, pole buildings. For purposes of this paragraph, pump houses,
moveable storage sheds, recreational docks and storm water or erosion control
devices shall not be considered buildings.
b) The following activity shall be subject to a 75 foot setback from wetlands: The
construction or maintenance of paved driveways or areas designed for the parking
of a vehicle or trailer.
c) The following activities shall be subject to a 100 foot setback from wetlands:
1. The construction or maintenance of a well used for agricultural irrigation,
or any well less than 50 feet in depth.
2. External storage of materials used in conjunction with industrial or
commercial processing or manufacturing.
3. The storage of waste or refuse generated by industrial or commercial
activities.
4. The construction or maintenance of a septic system.
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ORDINANCE 502 – ZONING ORDINANCE
Section 502.20: SHORELAND OVERLAY DISTRICT
Subd. 1: Purpose. The purpose of the Shoreland Overlay District is to protect and
enhance the quality of surface waters by promoting the wise utilization of public waters,
watercourses and related land resources.
Subd. 2: District Application. The Shoreland Overlay District shall be an overlay district
and shall be superimposed on all zoning districts and the Shoreland Overly District shall be the
Shoreland of the public water bodies and water courses as classified in this ordinance. The
standards contained in the Shoreland Overlay District shall be in addition to any other
requirements set forth in this Ordinance. If the district standards are conflicting, the more
restrictive standards shall apply. The boundaries of the Shoreland Overlay District are defined as
follows:
a) 1,000 feet from the ordinary high water level of the classified lakes as listed in
this Ordinance.
b) 300 feet from the ordinary high water level or the lateral extent of the floodplain
when the floodplain extends beyond 300 feet from the ordinary high water level
of the classified rivers and streams as listed in this Ordinance.
Subd. 3: Shoreland Classification System. The public waters and public waters wetlands
of St. Joseph, Minnesota have been classified below consistent with the criteria found in
Minnesota Rules, part 6120.3000; or successor rule, and the Protected Waters Inventory Map for
Stearns County, Minnesota.
a) The shoreland area for the waterbodies itemized below shall be subject to the
standards of the Shoreland Overlay District.
b) Protected public waters: (# 62) Lake Sarah. Classification: Natural Environment
Lake.
c) Protected watercourses.
1. South Fork of Watab River. Classification: Tributary.
2. Sauk River. Classification: Transitional
Subd. 4: Permitted Uses. Uses without water-oriented needs must be located on lots or
parcels without public waters frontage, or, if located on lots or parcels with public waters
frontage, must either be set back double the normal ordinary high water level setback or be
502.20-1
ORDINANCE 502 – ZONING ORDINANCE
substantially screened form view from the water by vegetation or topography, assuming summer,
leaf on conditions.
The following are permitted uses within the Shoreland Overlay District:
a) Natural Environment Lakes.
1. Single family residential.
2. Duplex, triplex, quad unit residential; provided underlying zoning
classification is two-family or multiple-family and that:
A. No more than 25% of the lakes’ shoreland is or will be occupied
by duplex, triplex or quad unit residential developments.
B. If proposed, watercraft docking facilities for each lot must be
centralized in one location and serve all dwelling units within the
building.
b) Recreational Development Lakes.
1. Single family residential.
2. Duplex, triplex, quad unit residential.
3. Commercial uses, as indicated in the underlying zoning classification.
c) Tributary Streams.
1. Single family residential.
2. Parks and historic sites, when underlying zoning classification is
residential.
3. Semipublic uses, when underlying zoning classification is residential.
4. Duplex, triplex, quad unit residential; provided underlying zoning
classification is two-family or multiple family.
d) Transitional Rivers.
1. Single family residential.
2. Duplex, triples, quad unit residential; provided underlying zoning
classification is two-family or multiple family.
502.20-2
ORDINANCE 502 – ZONING ORDINANCE
Subd. 5: Conditional Uses. Uses without water-oriented needs must be located on lots or
parcels without public waters frontage, or, if located on lots or parcels with public waters
frontage, must either be set back double the normal ordinary high water level setback or be
substantially screened form view from the water by vegetation or topography, assuming summer,
leaf on conditions.
a) The following are special uses within the Shoreland Overlay District:
1. Natural Environment Lakes.
A. Parks and historical sites.
B. Semipublic uses.
C. Duplex, triplex, quad unit residential, when underlying zoning
classification is single family residential, and provided:
i. No more than 25% of the lakes’ shoreland is or will be
occupied by duplex, triplex or quad unit residential
developments.
ii. If proposed, watercraft docking facilities for each lot must
be centralized in one location and serve all dwelling units
within the building.
D. Commercial uses, as indicated in underlying zoning classification.
E. Residential PUD (note: all residential subdivisions exceeding quad
unit densities may be allowed if designed and approved as
residential PUD’s providing the standards of this Ordinance are
met.
F. Commercial PUD’s providing the standards of this Ordinance are
met.
2. Recreational Development Lakes.
A. Parks and historical sites.
B. Semipublic uses.
C. Residential PUD (note: all residential subdivisions exceeding quad
unit densities may be allowed if designed and approved as
residential PUD’s providing the standards of this Ordinance are
met.
502.20-3
ORDINANCE 502 – ZONING ORDINANCE
D. Commercial PUD’s providing the standards of this Ordinance are
met.
3. Tributary Streams.
A. Parks and historical sites, when underlying zoning classification is
commercial.
B. Semipublic uses, when underlying classification is commercial.
C. Duplex, triplex, quad unit residential, when underlying zoning
classification is single family residential.
D. Commercial uses, as indicated in the underlying zoning
classification.
4. Transitional Rivers.
A. Parks and historical sites.
B. Semipublic uses.
C. Duplex, triplex, quad unit residential, when underlying zoning
classification is single family residential.
D. Commercial uses, as indicated in the underlying zoning
classification.
b) Conditional uses allowable within shoreland areas shall be subject to review and
approval procedures, and criteria and conditions established in this Ordinance. In
addition, the following standards shall apply:
1. A thorough evaluation of the waterbody and the topographic, vegetation
and soils conditions on the site shall be made.
2. The City may require the visibility of structures and other facilities as
viewed from public waters be limited.
3. The City may impose limitations on natural vegetation removed. The City
may require additional vegetation be planted.
4. The City may increase setbacks from the ordinary high water mark.
5. The City may impose special provisions for the location, design and use of
structures; utilities; watercraft launching and docking areas; and, vehicle
parking areas.
502.20-4
ORDINANCE 502 – ZONING ORDINANCE
Subd. 6: Accessory Uses. Accessory uses and structures shall be the same as those listed
in the underlying zoning classification.
Subd. 7: Lot Area Requirements.
a) Sewered Lakes: Natural Environment; Riparian Lots
Type Area Width
Single 40,000 125
Duplex 70,000 225
Triplex 100,000 325
Quad 130,000 425
b) Sewered Lakes: Natural Environment; Non-Riparian Lots
Type Area Width
Single 20,000 125
Duplex 35,000 220
Triplex 52,000 315
Quad 65,000 410
c) Sewered Lakes: Recreational Development; Riparian Lots
Type Area Width
Single 20,000 75
Duplex 35,000 135
Triplex 50,000 195
Quad 65,000 255
d) Sewered Lakes: Recreational Development; Non-Riparian Lots
Type Area Width
Single 15,000 75
Duplex 26,000 135
Triplex 38,000 190
Quad 49,000 245
e) River/Stream: Transitional Rivers
Type Area Width
Single 11,000 250
Duplex 10,000 375
Triplex 12,000 500
Quad 12,000 625
f) River/Stream: Tributary Streams
Type Area Width
Single 11,000 75
Duplex 10,000 115
Triplex 12,000 150
502.20-5
ORDINANCE 502 – ZONING ORDINANCE
Quad 12,000 190
g) River/Streams. Transitional and Tributary commercial lot size and width
requirements shall be the same as those listed in the underlying zoning
classification.
h) In all zoning classifications, only land area above the Ordinary High Water Level
shall be used to meet the minimum lot area and width requirements. Lot width
standards shall be met at the water line and at the building line.
Subd. 8: Setbacks.
a) In addition to setback requirements of the underlying zoning classification, uses
within the Shoreland Overlay District shall be setback (in feet) from Ordinary
High Water Level as follows:
Classification Structure Setback
Natural Environment Lakes* 150
Recreational Development Lakes 75
Transition 50
Tributary 50
* Subdivisions of duplexes, triplexes and quads on Natural Environment Lakes shall be
set back a minimum of 200 feet from the ordinary high water level.
b) In addition to setbacks from the Ordinary High Water Level, all structures in all
shoreland overlay districts shall be set back:
Setback From Structure Setback
Top of a bluff 30 feet
Federal, State, County Highway
rights-of-way 50 feet
Subd. 9: Height Requirements. No portion of any structure shall exceed 25 feet in height
within the Shoreland Overlay District. Berming the building does not allow a building to be
constructed higher than 25 feet. Elevation for the building shall be determined by the average
grade of the land.
Subd. 10: Surface Coverage Requirements. No structure or combination of structures
shall occupy more than 25% of the lot area within the Shoreland Overlay District.
Subd. 11: Special Requirements for Commercial Uses.
a) Surface water-oriented commercial uses and industrial, public, or semipublic uses
with similar needs to have access to and use of public waters may be located on
502.20-6
ORDINANCE 502 – ZONING ORDINANCE
parcels or lots with frontage on public waters. Those uses with water-oriented
needs must meet the following standards:
1. In addition to meeting impervious coverage limits, setbacks and other
dimensional provisions of this ordinance, the uses must be designed to
incorporate topographic and vegetative screening of parking areas and
structures;
2. Uses that require short-term watercraft mooring for patrons must
centralize these facilities and design them to avoid obstructions of
navigation and to be the minimum size necessary to meet the need; and,
3. Uses that depend on patrons arriving by watercraft may use signs and
lighting to convey needed information to the public, subject to the
following general standards:
A. No advertising signs or supporting facilities for signs may be
placed in or upon public waters. Signs conveying information or
safety messages may be placed in or on public waters by a public
authority or under a permit issued by the City of St. Joseph;
B. Signs may be placed, when necessary, within the shore impact
zone if they are designed and sized to be the minimum necessary to
convey the location and name of the establishment and the general
type of goods or services available. The signs must not contain
other detailed information such as product brands and prices, must
not be located higher than ten feet above the ground, and must not
exceed 32 square feet in size. If illuminated by artificial lighting,
such lights shall be shielded or directed to prevent illumination out
across public waters; and
C. Other outside lighting may be located within the shore impact zone
or over public waters if it is used primarily to illuminate potential
safety hazards and is shielded or otherwise directed to prevent
direct illumination out across public waters. This section does not
preclude the use of navigational lighting.
4. Uses without water-oriented needs are encouraged to locate on lots or
parcels without public water frontage. If located on lots with public water
frontage, such uses must either be set back double the normal setback
from the ordinary high water level or be substantially screened from view
from the water by vegetation or topography, assuming summer, leaf-on
conditions.
Subd. 12: Other Requirements.
502.20-7
ORDINANCE 502 – ZONING ORDINANCE
a) All structures, developments and plans shall adhere to other requirements
identified within the underlying zoning classification as well as the following
standards.
b) All structures within the shoreland overlay district adjacent to Transitional Rivers
or Tributaries shall meet the following:
1. All structures, including accessory structures and additions to existing
structures shall be placed so that the lowest floor (basement or first floor if
there is no basement) is at least three (3) feet above the flood of record, if
data is available. If data is not available, the lowest floor shall be placed at
least three (3) feet above the ordinary high water level. Alternately any
structure shall be constructed on fill so that the basement floor, or first
floor if there is no basement, is at or above the Regulatory Flood
Protection Elevation. The finished fill elevation must be no lower than
one foot below the Regulatory Flood Protection Elevation and shall extend
at such elevation at least 15' beyond the limits of the structure constructed
thereon. If more than one of these approaches is used, the highest flood
protection elevation that is determined shall be used for placing all
structures and other facilities.
2. Uses that do not have vehicular access at or above an elevation not more
than two feet below the Regulatory Flood Protection Elevation to lands
outside of the flood plain shall not be permitted unless granted a variance
by the Board of Adjustment. In granting a variance, the Board shall
specify limitations on the period of use or occupancy of the use and only
after determining that adequate flood warning time and local emergency
response and recovery procedures exist.
3. Accessory commercial land uses, such as yards and parking lots may be at
elevations lower than the Regulatory Flood Protection Elevation.
However, a permit for such facilities to be used by the employees or the
general public shall not be granted unless a flood warning system is in
place.
c) In addition to the requirements of the underlying zoning classification, all
structures within the shoreland overlay districts adjacent to lakes shall adhere to
the following:
1. The lowest floor at a level shall be placed no lower than the regulatory
flood protection elevation or at least three feet above the highest known
water level, or at least three feet above the ordinary high water level,
whichever is higher.
d) The City shall evaluate soil erosion impacts and development visibility from
public waters before issuing a permit for construction of roads, driveways,
502.20-8
ORDINANCE 502 – ZONING ORDINANCE
structures or other improvements on steep slopes. When determined necessary,
conditions shall be attached to issued permits to prevent erosion and to preserve
existing vegetation screening of structures, vehicles and other facilities as viewed
from the surface of public waters, assuming summer, leaf-on vegetation.
e) Upon application for a permit or subdivision approval within the shoreland
overlay district, the City shall notify and require the applicant furnish sufficient
site development plans and a hydrologic/hydraulic analysis by a qualified
engineer or hydrologist specifying the nature of the development and whether the
proposed use is located in the floodway or flood fringe and the Regulatory Flood
Protection Elevation for the site. Procedures consistent with Minnesota Rules:
Technical Standards and Requirements for Flood Plain Evaluation shall be
followed during the technical evaluation and review of the development proposal.
The City of St. Joseph shall submit one copy of the information required above to
the respective Department of Natural Resources Area Hydrologist for review and
comment at least 20 days prior to the granting of a permit or manufacture home
park/subdivision approval is granted.
f) Placement and Design of Roads, Driveways, and Parking Areas.
1. Public and private roads and parking areas shall be designed to take
advantage of natural vegetation and topography to achieve maximum
screening from view from public waters. Plans and specifications shall be
provided by a qualified individual, such as a registered professional
engineer, architect or surveyor, showing that all roads and parking areas
are designed and will be constructed to minimize and control erosion to
public waters consistent with the field office technical guides of the local
Soil and Water Conservation District or other applicable technical
materials.
2. Public and private roads, driveways, and parking areas shall meet structure
setbacks from the Ordinary High Water mark for the applicable lake or
river classification, and shall not be placed within shore impact zones
when avoidance is an option. If no alternatives exist, they may be placed
within these areas, provided they are designed to minimize adverse
impacts.
g) Vegetative Alterations.
1. Vegetation alterations necessary for the construction of structures,
placement of municipal utilities or the construction of roadways and
parking areas as outlined in this section are exempt from the vegetation
alteration standards that follow.
2. Removal or alteration of vegetation is allowed subject to the following
standards:
502.20-9
ORDINANCE 502 – ZONING ORDINANCE
A. Intensive vegetation clearing within the shore and bluff impact
zones and on steep slopes is not allowed.
B. In shore and bluff impact zones and on steep slopes, limited
clearing of trees and cutting, pruning and trimming of trees is
allowed to provide a view to the water from the principal dwelling
site and to accommodate the placement of stairways and landings,
picnic areas, access paths and beach and watercraft access areas
provided that:
i. The screening of structures, vehicles or other facilities as
viewed from the water assuming summer, leaf on
conditions is not substantially reduced.
ii. Along rivers, existing shading of water surfaces is
preserved.
iii. Removal of trees, limbs or branches that are dead, diseased
or pose safety hazards are not affected by this standard.
h) Storage of Hazardous Materials.
1. The storage or processing of materials that are, in time of flooding:
flammable, explosive or potentially injurious to human, animal or plant
life is prohibited.
2. Storage of other materials or equipment, where allowed by the underlying
zoning district, may be allowed if readily removable from the area within
the time available after a flood warning or if placed on fill to the
Regulatory Flood Protection Elevation. The Regulatory Flood Protection
Elevation is an elevation no lower than one foot above the elevation of the
regional flood plus any increases in flood elevation caused by
encroachments on the flood plain and/or floodway.
i) Water-oriented Accessory Structures.
1. Each lot may have one water-oriented accessory structure not meeting the
normal structure setback provided the water-oriented accessory structure:
A. The structure or facility does not exceed ten (10) feet in height,
exclusive of safety rails, and does not occupy an area greater than
250 square feet.
B. Detached decks do not exceed eight feet above grade at any point.
502.20-10
ORDINANCE 502 – ZONING ORDINANCE
C. The structure or facility is set back from the ordinary high water
level at minimum of ten (10) feet.
D. The structure or facility is treated to reduce visibility as viewed
from public waters and adjacent shorelands by vegetation,
topography, increased setbacks or color, assuming summer, leaf-on
conditions.
E. The roof may be used as a deck with safety rails, but shall not be
enclosed or used as a storage area.
F. The structure or facility shall not be designed or used for human
habitation and shall not contain water or sewer facilities.
j) Stairways, Lifts and Landings.
1. Stairways and lifts are the preferred alternative to major topographic
alterations for achieving access up and down bluffs and steep slopes to
shore areas. Stairways, sidewalks, lifts and landings must meet the
following design requirements:
A. Stairways, sidewalks and lifts must not exceed four feet in width
on residential lots. Wider stairways, and sidewalks may be used for
commercial properties, public open-space recreational properties,
and planned unit developments if specifically authorized in a
conditional use permit;
B. Landings for stairways and lifts on residential lots must not exceed
36 square feet in area. Landings larger than 36 square feet may be
allowed for commercial properties, public open-space recreational
properties, and planned unit developments if specifically
authorized in a conditional use permit;
C. Canopies or roofs are not allowed on stairways, sidewalks, lifts, or
landings;
D. Stairways, sidewalks, lifts or landings may be either constructed
above the ground on posts or pilings, or placed into the ground
provided they are designed and built in a manner that ensures
control of soil erosion;
E. Stairways, sidewalks, lifts or landings must be located in the most
visually inconspicuous portions of lots, as viewed from the surface
of the public waters assuming summer, leaf-on conditions,
whenever practical; and
502.20-11
ORDINANCE 502 – ZONING ORDINANCE
F. Facilities such as ramps, lifts, or mobility paths for physically
handicapped persons are also allowed as a permitted use for
achieving access to shore areas, provided that the dimensional and
performance standards of this section, and the requirements of the
State Building Code are complied with.
k) Controlled Access or Recreational Lots.
1. Lots intended as controlled accesses to public waters or as recreation areas
for use by owners of nonriparian lots within subdivisions and/or PUDs are
permissible and must meet the following standards:
A. They must meet the width and size requirements for residential
lots, and be suitable for the intended uses of controlled access lots.
B. If docking, mooring or over-water storage of more than six (6)
watercraft is to be allowed at a controlled access lot, the width of
the lot (keeping the same lot depth) must be increased by the
percent of the requirements for riparian residential lots for each
watercraft beyond six, consistent with the following table:
Ratio of Lake Size (acres) Required Increase
to Shore Length (miles) in Frontage (%)
Less than 100 25
100-200 20
201-300 15
301-400 10
More than 400 5
C. They must be jointly owned by all purchasers of lots in the
subdivision or by all purchasers of nonriparian lots in the
subdivision who are provided riparian access rights on the access
lot; and,
D. Covenants or other equally effective legal instruments must be
developed that specify which lot owners have authority to use the
access lot and what activities are allowed. The activities may
include watercraft launching, loading, storage, beaching, mooring
or docking. They must also include other outdoor recreational
activities that do not significantly conflict general public use of the
public water or the enjoyment of normal property rights by
adjacent property owners. Examples of the non-significant conflict
activities include swimming, sunbathing or picnicking. The
covenants must limit the total number of vehicles allowed to be
continuously moored, parked or stored over water and must require
centralization of all common facilities and activities in the most
502.20-12
ORDINANCE 502 – ZONING ORDINANCE
suitable locations on the lot to minimize topographic and
vegetation alterations. They must also require all parking areas,
storage buildings and other facilities to be screened by vegetation
or topography as much as practical from view from the public
water, assuming summer, leaf-on conditions.
Subd. 13: Notification Procedures.
a) Notification to Minnesota Department of Natural Resources.
1. Copies of all notices of public hearing for amendments, conditional uses,
or variances shall be sent to the Commissioner of the Minnesota
Department of Natural Resources at lest ten (10) days prior to such
hearings. The notice shall include a copy of the proposed ordinance or
amendment, or a description of the requested conditional use or variance.
The City shall notify the Commissioner of its final decision on the
proposed action within ten (10) days of the decision. Such action by the
City Council shall become effective only when either:
A. The final decision of the City has previously received certification
of approval from the Commissioner of the Minnesota Department
of Natural Resources; or
B. The City received certification of approval after its final decision;
or
C. Thirty (30) days have elapsed from the day the Commissioner of
the Minnesota DNR received notice of the final decision, and the
City has not received from the Commissioner the certification of
approval nor the notice of non-approval; or
D. The Commissioner of the Minnesota DNR certifies his/her
approval after conducting a public hearing.
E. In the event the action is not approved by the Commissioner, the
City may, within thirty (30) days from the notice of non-approval,
file with the Commissioner a request of a Public Hearing pursuant
to DNR standards to reconsider the non-approval.
Subd. 14. Planned Unit Developments.
a) Planned unit developments (PUD's) are allowed as special uses for new projects
on undeveloped land, redevelopment of previously built sites, or conversions of
502.20-13
ORDINANCE 502 – ZONING ORDINANCE
existing buildings providing the use is allowable in the underlying zoning
classification.
b) PUD’s shall be processed in the manner defined in the underlying zoning
classification and in compliance with this Section.
c) An applicant for a PUD shall submit the following documents prior to final action
being taken on the application request:
1. A site plan and/or plat for the project showing: the boundary of the
proposed development; surface water features and other natural and man
made features; existing and proposed structures and other facilities,
proposed land alterations; the location of municipal utilities; and
topographic contours at a minimum of ten-foot intervals. A PUD that
combines commercial and residential structures shall indicate and
distinguish which buildings and portions of a project are commercial,
residential or a combination of the two.
2. For residential planned unit developments a property owners association
agreement with mandatory membership, all in accordance with the
maintenance and administrative requirements prescribed in this Ordinance.
3. Deed restrictions, covenants, permanent easements or other instruments
that:
A. Properly address future vegetative and topographic alterations;
construction of additional buildings; beaching of watercraft; and
construction of commercial buildings in residential PUD's; and,
B. Ensure the long-term preservation and maintenance of open space
in accordance with the criteria and analysis specified in the
maintenance and administrative requirements of this Section.
4. For commercial planned unit developments, and for commercial structures
within residential planned unit developments; a master plan/drawing
describing the proposed project and the floor plan for all commercial
structures to be occupied.
5. Any additional documents as requested by the City of St. Joseph Planning
Commission that are necessary to explain how the PUD will be designed
and will function.
d) PUD Site Suitability Evaluation.
1. Proposed new, or expansions to existing, planned unit developments shall
be evaluated using the following procedures and standards to determine
502.20-14
ORDINANCE 502 – ZONING ORDINANCE
the suitable area for the dwelling unit/dwelling site evaluation described in
this Ordinance.
2. The project parcel must be divided into tiers by locating one or more lines
approximately parallel to a line that identifies the ordinary high water
level at the following intervals, proceeding landward:
Natural Environment lakes 320 ft.
Recreational Development lakes 267 ft.
Rivers and Tributaries 300 ft.
3. The suitable area within each tier is next calculated by excluding from the
tier area all wetlands, bluffs, and land below the ordinary high water level
of public waters. This suitable area and the proposed development are
then subjected to either the residential or commercial planned unit
development density evaluation steps to arrive at an allowable number of
dwelling units or sites within each tier.
e) PUD Maximum Density.
1. The procedures for determining the allowable density of residential and
commercial planned unit developments are as follows. Allowable
densities may be transferred from a tier to any other tier further from the
public water, but shall not be transferred to any tier closer to the public
water.
2. To determine the allowable density for Residential Planned Unit
Developments:
A. The suitable area within each tier is divided by the single
residential lot size standard for the applicable management district.
B. Proposed locations and numbers of dwelling units or sites for the
residential planned unit developments are then compared with the
tier, density, and suitability analyses herein and the maintenance
and design criteria prescribed in this Ordinance.
3. To determine the allowable density for Commercial Planned Unit
Developments:
A. The average inside living area size of dwelling units or sites is
computed. Computation of inside living area need not include
decks, patios, stoops, steps, garages, porches or basements unless
such areas are habitable space;
502.20-15
ORDINANCE 502 – ZONING ORDINANCE
B. The appropriate floor area ratio is then selected from the following
table based upon the average unit floor area for the appropriate
public water classification;
Recreational
Average Unit Floor Natural Environment
Tributaries Development Lakes
Area in Square Feet Lakes
& Transitional Rivers
200 or less .040 .020 .010
300 .048 .024 .012
400 .056 .028 .014
500 .065 .032 .016
600 .072 .038 .019
700 .082 .042 .021
800 .091 .046 .023
900 .099 .050 .025
1000 .108 .054 .027
1100 .116 .058 .029
1200 .125 .064 .032
1300 .133 .068 .034
1400 .142 .072 .036
1500 or more .150 .075 .038
* For recreational camping areas, use the ratios listed for the average floor area of 400 square feet.
C. Multiply the suitable area within each tier by the floor area ratio to
yield total floor area for each tier allowed to be used for dwelling
units or sites;
D. Divide the total floor area by tier computed in item (c) above by
the average inside living area size determined in item (a) above.
This yields the base number of dwelling units and sites for each
tier;
E. Proposed locations and numbers of dwelling units or sites for the
commercial planned unit developments are then compared with the
tier, density and suitability analyses herein and the maintenance
and design criteria prescribed in this Ordinance.
f) PUD Maintenance and Design Criteria.
1. Before final approval of a planned unit development may be granted,
adequate provisions must be developed for the preservation and
maintenance of open spaces in perpetuity, and for the continued existence
and functioning of the development.
2. Deed restrictions, covenants, permanent easements, public dedication and
acceptance, or other equally effective and permanent means shall be
502.20-16
ORDINANCE 502 – ZONING ORDINANCE
provided to ensure long-term preservation and maintenance of open space.
The instruments must include all of the following protections:
A. Commercial uses shall be prohibited in residential planned unit
developments;
B. Vegetative and topographic alterations, except for routine
maintenance, shall be prohibited;
C. Construction of additional buildings or the storage of vehicles
and/or other materials is prohibited;
D. Uncontrolled beaching of watercraft shall be prohibited.
3. All residential planned unit developments must have a property owners
association with the following features:
A. Membership shall be mandatory for each dwelling unit or site
owner;
B. Each member must pay a pro-rata share of the expenses of the
association, and unpaid assessments may become liens on units or
sites;
C. Assessments must be adjustable to accommodate changing
conditions; and
D. The association shall be responsible for insurance, taxes, and
maintenance of all commonly owned property and facilities.
4. All planned unit developments must contain open space meeting all of the
following criteria;
A. At least 50 percent of the total project area must be preserved as
open space;
B. Dwelling units or sites, road rights-of-way, land covered by road
surfaces, parking areas, and structures are developed areas and
shall not be included in the computation of open space;
C. Open space must include those areas with physical characteristics
unsuitable for development in their natural state, and areas
containing significant historic sites or unplatted cemeteries;
502.20-17
ORDINANCE 502 – ZONING ORDINANCE
D. Open space may include outdoor recreational facilities for use by
owners of dwelling units or sites, by guests staying in commercial
dwelling units or sites, and by the general public;
E. Open space may include subsurface sewage treatment systems
provided the use of the space is restricted to avoid adverse impacts
on such systems;
F. Open space must not include commercial facilities or uses;
G. The appearance of open space areas, including topography,
vegetation, and allowable uses, must be preserved by use of
restrictive deed covenants, permanent easements, public dedication
and acceptance, or other equally effective and permanent means;
and
H. The shore impact zone, based upon normal structure setbacks,
must be included as open space. For residential planned unit
developments, at least 50 percent of the shore impact zone of
existing developments and at least 70 percent of the shore impact
zone area of new developments must be preserved in its natural or
existing state. For commercial planned unit developments, at least
50 percent of the shore impact zone must be preserved in its
natural state.
5. Erosion control and stormwater management plans must be developed and
the PUD must:
A. Adhere to stormwater standards set forth within this Ordinance.
B. Impervious surface coverage within any tier must not exceed 25
percent of the tier area, except that for commercial planned unit
developments 35 percent impervious surface coverage may be
allowed in the first tier of general development lakes with an
approved stormwater management plan consistent with this
Ordinance.
6. Centralization and design of facilities and structures must be done
according to the following standards:
A. Planned unit developments shall be connected to municipal
utilities.
B. Dwelling units or sites must be clustered into one or more groups
and located on suitable areas of the development. They must be
designed and located to meet or exceed the following dimensional
502.20-18
ORDINANCE 502 – ZONING ORDINANCE
standards for the applicable shoreland classification: setback from
the ordinary high water level; elevation above the surface water
features; and maximum height;
C. Shore recreation facilities, including but not limited to swimming
areas, docks and watercraft mooring areas and launching ramps
must be centralized and located in suitable areas. Evaluation of
suitability must include consideration of land slope, water depth,
vegetation, soils, depth to groundwater and bedrock, or other
relevant factors. The number of spaces provided for continuous
beaching, mooring, or docking of watercraft must not exceed one
for each allowable dwelling unit or site in the first tier (not
withstanding existing mooring sites in an existing commercially
used harbor). Launching ramp facilities, including a small dock
for loading and unloading equipment, may be provided for use by
occupants of dwelling units or sites located in other tiers;
D. Structures, parking areas, and other facilities must be treated to
reduce visibility as viewed from public waters and adjacent
shorelands by vegetation, topography, increased setbacks, color, or
other means, assuming summer, leaf-on conditions. Vegetative
and topographic screening must be preserved, if existing, or may
be required to be provided;
E. Accessory structures and facilities must meet the required principal
structure setback, and must be centralized.
Subd. 15: Conversions to Planned Unit Developments.
a) Resorts or other land uses and/or facilities may be converted to residential
planned unit developments provided all of the following standards are met:
1. Proposed conversions must be initially evaluated using the same
procedures as for residential planned unit developments involving all new
construction. Inconsistencies between existing features of the
development and the PUD standards shall be identified.
2. Deficiencies involving structure color, impervious surface coverage, open
space and shore recreation facilities must be corrected as part of the
conversion, or as specified in the Special Use Permit.
3. Shore and bluff impact zone deficiencies must be evaluated and
reasonable improvements made as part of the conversion. These
improvements must include, where applicable, the following:
502.20-19
ORDINANCE 502 – ZONING ORDINANCE
A. Removal of extraneous buildings, docks, or other facilities that no
longer need to be located in shore or bluff impact zones;
B. Remedial measures to correct erosion sites and improve the
vegetative cover and screening of buildings and other facilities as
viewed from the water; and
C. If existing dwelling units are located in shore or bluff impact
zones, conditions that preclude exterior expansions in any
dimension or substantial alteration are attached to approvals of all
conversions. The conditions must also provide for future
relocation of dwelling units, where feasible, to other locations
meeting all setback and elevation requirements when they are
rebuilt or replaced.
4. Existing dwelling unit or dwelling site densities that exceed standards
prescribed in this Ordinance may be allowed to continue but shall not be
increased, either at the time of conversion or in the future. Efforts must be
made during any such conversion to limit impacts of high densities by
requiring seasonal use, improving vegetative screening, centralizing shore
recreation facilities, or other means.
502.20-20
ORDINANCE 502 – ZONING ORDINANCE
Section 502.21: TRANSPORTATION CORRIDOR OVERLAY DISTRICT SITE AND
DESIGN STANDARDS
Subd. 1: Intent.
a) This district is intended to protect and promote the health, safety and general
welfare of the public; to enhance the visual appearance of the corridor; to protect
and promote the appearance, character and economic values along the corridor
and the surrounding neighborhoods.
b) This district is furthermore intended to maintain the long-term function of arterial
and collector roadways; to limit access and the number of conflict points; to
promote vehicular circulation; and to promote prevention or reduction of traffic
congestion and danger in the public streets.
Subd. 2: Scope.
a) The Transportation Corridor Overlay District shall be defined as follows:
1. West CSAH 75
A. North of CSAH 75: areas within 300 feet of the CSAH 75 right-of-
st
way from CSAH 3 east to 1 Avenue NW.
B. South of CSAH 75: areas within 300 feet of the CSAH 75 right-of-
st
way from the western city limits east to 1 Avenue NW.
2. East CSAH 75:
A. North of CSAH 75: areas within 300 feet of the CSAH 75 right-of-way
and north of the Wobegon Trail from a point 500 feet west of Northland
Drive east to CR 134
.
B. South of CSAH75: areas within 300 feet of the CSAH 75 right of way
th
from 4 Avenue NE east to the easterly city limits (east of CR 134).
3. 1-94 Corridor:
A. 500 feet from the nearest edge of the 1-94 right-of-way.
Subd. 3: Exemptions.
502.21-1
ORDINANCE 502 – ZONING ORDINANCE
a) Single and two-family residential uses shall not be subject to the standards of the
transportation corridor overlay district. However, at such time that a single or
two-family residential use is to be converted to another use it will be subject to
the standards of the transportation corridor overlay district.
b) Structures existing prior to adoption of the Ordinance.
stth
c) Areas along CSAH 75 located between 1 Avenue NW and 4 Avenue NE.
Subd. 4: Uses Allowed. Permitted, conditional, interim and accessory uses allowed
within the transportation corridor overlay district shall be the same uses as those allowed in the
applicable underlying zoning district(s).
Subd. 5: Setbacks, site coverage, building height, building requirements contained within
the applicable underlying zoning district shall apply. In addition the following standards shall be
observed. All buildings shall maintain a minimum setback of forty (40) feet from the road right-
of-way limit. Front setbacks on each side of corner lots shall be maintained.
Subd. 6: Parking Standards. The following standards shall be in addition to those
required within this Ordinance relating to off-street parking and loading. Where standards
conflict the most restrictive standard shall apply.
a) Parking areas shall be designed and located so as to have minimal visual impact
along transportation corridors. Therefore, all parking areas shall be constructed in
the rear or side yards, unless specifically permitted in the front yard by the
Planning Commission. When permitted in the front yard, additional landscaping
and buffering may be required by the Planning Commission to minimize visual
impact. No parking will be allowed within a forty (40) setback from the nearest
boundary of the applicable transportation corridor right-of-way limit.
b) Where a development application covers land located adjacent to an existing
parking lot used for similar purposes, a vehicular connection between the parking
lots shall be provided wherever possible. For development applications adjacent
to vacant properties, the site shall be designed and constructed to provide for a
future connection.
c) Parking lot landscaping. All development sites shall landscape an area equivalent
to fifteen (15) percent of the total area of the required parking lot. Said required
landscaping shall be employed within the subject parking lot and adjacent to
walkways within and leading to/from the subject parking lot.
Subd. 7: Sign Standards. The following standards shall be in addition to those required
within this Ordinance relating to signs. Where standards conflict the most restrictive standard
shall apply.
502.21-2
ORDINANCE 502 – ZONING ORDINANCE
a) Free-standing signs shall not be placed nearer than twenty (20) feet from the
nearest edge of the right-of-way.
b) Free-standing signs within the required landscaped greenway shall be designed in
a manner complementary to the landscaped greenway.
c) Free-standing identification signs shall have a low-profile design not more than
twenty (20) feet in height and shall be designed to complement and reflect the
architecture of the building.
Subd. 8: Site Design Standards.
a) Viewsheds.
1. Viewsheds shall be defined as the natural environment or landscaped
topography that is visible from one or more viewing points. The viewshed
in the transportation corridor overlay district shall at a minimum
correspond to a forty (40) foot landscaped greenway as measured from the
nearest edge of the applicable right-of-way.
2. Viewsheds shall be considered in all development proposal applications
within the transportation corridor overlay district.
3. Development shall be designed to minimize the visual intrusion of all
structures in the viewshed.
b) Outside storage/display of goods. Outside storage or display of goods except
automotive and similar large item sales shall be completely screened from the
view of the corridor roadway by the employment of a vegetative buffer. This
standard is in addition to those required within the underlying zoning
classification and this Ordinance relating to outdoor storage. Where standards
conflict the most restrictive standard shall apply.
c) Utilities. Utility lines, including electric, cable and telephone, to serve the
development project shall be installed underground. All junction and access boxes
shall be screened. All utility pad fixtures, meter boxes, etc. shall be shown on the
site plan and integrated with the architectural elements of the site. In redeveloping
areas within the transportation corridor overlay placement of utility lines
underground is highly encouraged.
d) Street tree landscaping. In all instances where commercial and/or multi-family
residential districts are adjacent to any public street, street tree/landscaping will be
required as approved by the City.
Subd. 9: Building Layout/Design.
502.21-3
ORDINANCE 502 – ZONING ORDINANCE
a) Integrated development. All buildings within the property shall be developed as a
cohesive entity, ensuring that building placement, architectural treatment,
vehicular and pedestrian circulation and other development elements work
together functionally and aesthetically. Architectural treatment shall be designed
so that all building facades of the same building (whether front, side, or rear) that
are visible from the public right-of-way, shall consist of similar architectural
treatment in terms of materials, quality, appearance and detail.
b) Clustering. Buildings shall be clustered together to preserve natural and landscape
open areas along the transportation corridor. Buildings shall be arranged in a
manner that creates well-defined open space that is viewable from the traveled
portion of the corridor.
c) Architectural Appearance/Scale.
1. New buildings shall have generally complex exterior forms, including
design components such as windows, doors, and changes in roof and
facade orientation. Large flat expanses of featureless exterior wall shall be
avoided. The treatment of buildings shall include vertical architectural
treatment at least every 25-30 feet to break down the scale of the building
into smaller components.
2. Orientation. Building facades and entrances should be oriented in a
manner toward the primary means of vehicular access.
3. Scale and proportion. New construction should relate to the dominant
proportions of buildings and streetscape in the immediate area. The ratio
of height to width and the ratio of mass (building) to void (openings)
should be balanced.
4. Architectural details shall continue on all facades visible from the public
right-of-way.
5. Any facade with a blank wall shall be screened with vegetative treatments
and/or the installation faux architectural treatments (e.g. fenestrations) so
as to break up the mass and bulk of the facade in a manner fitting the
intent of this section.
d) Materials. Building materials shall be typical of those prevalent in commercial
areas, including, but not limited to, stucco, brick, architectural block, decorative
masonry, non-reflective glass and similar materials. Architectural metal may be
used for a portion of facades facing public rights of way but shall not be the
dominant material employed with windows and doors being excluded from this
calculation.
502.21-4
ORDINANCE 502 – ZONING ORDINANCE
e) Color. The permanent color of building materials (to be left unpainted) shall
resemble earthen tones prevalent in nature. Showy and striking colors shall be
avoided.
f) Lighting:
1. All outdoor lighting fixtures shall be down-directed, with light trespass not
to exceed 0.4 foot-candles at the property line.
2. All island canopy ceiling fixtures shall be recessed.
3. Whenever possible commercial lighting should be reduced in
volume/intensity when said commercial facilities are not open for
business.
Subd. 10: Vegetative Screening/Buffers.
a) This standard is in addition to those in this Ordinance relating to landscaping.
Where standards conflict the most restrictive standard shall apply.
b) Any required vegetative/planting screen shall be designed, planted and maintained
in accordance with a landscaping plan approved by the Zoning Administrator.
c) The planting screen shall provide an effective buffer between the area to be
screened and the adjoining roadway or commercial/industrial development.
d) The planting screen may be comprised of previously existing vegetation (provided
that the majority of such existing vegetation is trees), new plantings or any
combination of existing vegetation and new plantings. When complete, the
vegetation and plantings shall provide a dense year-round screen satisfying the
purpose and intent of this section.
e) The planting screen may consist of a mixture of deciduous and evergreen trees
and/or shrubs or a planting of evergreen trees and/or shrubs.
f) The planting screen shall be subject to on-site inspection by the City which, if
necessary, may prescribe that additional plantings be made in order to satisfy the
standards set out herein.
g) The property owner shall maintain vegetative/planting screening in accordance
with the approved landscaping plan and to abide by requirements for any
additional plantings.
h) Vegetative buffering. In all instances where commercial and/or multi-family
residential districts are adjacent to single-family residential districts and in all
instances where commercial districts are adjacent to multi-family residential
502.21-5
ORDINANCE 502 – ZONING ORDINANCE
districts, there shall be established within the commercial and/or multi-family
district, as applicable, a screened yard of vegetative buffering between the
districts. The arrangement and spacing of the vegetative buffer shall be provided
in such a manner as to effectively screen the activities of the subject lot. It shall
generally be provided along the property line, unless topographic or other
considerations would make it more effective if located back from the property
line.
Subd. 11: Design Flexibility. Alternatives to the requirements listed above may be
approved by the City Council, upon recommendation of the Planning Commission for
existing lots of record prior to July, 2012, where due to the lot size and/or configuration it
is determined it is not feasible to reasonably accommodate the increased setbacks,
parking design or landscape requirements required within the overlay district.
502.21-6
ORDINANCE 502 – ZONING ORDINANCE
Section 502.22: OUTDOOR DINING/SMOKING AREAS AND SIDEWALK CAFÉS
Subd. 1: Intent: The intent of this section of the zoning ordinance is to establish general
standards for outdoor dining areas and sidewalk cafés.
Subd. 2: Definitions:
a) “Outdoor Dining” – an area set aside which is designed to accommodate formal
dining outdoors.
b) “Sidewalk Café” – a seating area located outside of an establishment in which
there is not enough room to provide formal dining.
Subd. 3: Outdoor Dining/Smoking Areas: Outdoor smoking/dining areas are permitted
accessory uses in conjunction with a restaurant, coffee shop, or other eating and drinking facility
provided a site plan is approved by the Planning Commission and the following requirements are
met:
a) No portion of the outdoor smoking/dining area shall be located or occur within a
public right-of-way or be located or occur closer than two feet from any property
line.
b) If the outdoor smoking/dining area is proposed to be within a City drainage and
utility easement, the property owner shall enter into a written agreement
authorizing the use of the City’s easement.
c) Patrons must gain entrance to the outdoor area from within the main facility,
however at least one exit must be provided for fire safety.
d) If intoxicating liquor is intended to be served in the outdoor dining/smoking area,
the standards of the St. Joseph Code of Ordinances as may be amended shall
apply.
e) The Planning Commission and/or City Council may restrict days, hours, nature
and volume, and other aspects of entertainment in any outdoor smoking/dining
area, including a prohibition against all forms of music, radio, television, and
other entertainment, to protect the safety, repose, and welfare of residents,
businesses and other uses near the establishment.
f) The Planning Commission and/or City Council may restrict the hours of operation
of an outdoor smoking/dining area based upon the proximity of the area to
502.22- 1
ORDINANCE 502 – ZONING ORDINANCE
residential dwelling units, and upon considerations relating to the safety, repose,
and welfare of residents, businesses, and other uses near the establishment.
g) The outdoor smoking/dining area shall be handicap accessible and not restrict
accessibility in other areas inside or outside the restaurant or food establishment.
h) The outdoor smoking/dining area shall be subordinate to the principal restaurant
coffee shop, or other eating/drinking establishment and shall not exceed 33% in
area of the square footage of the principal restaurant building.
i) The design and finish of the outdoor smoking/dining area shall be compatible
with the main structure in terms of scale (ancillary), color, architectural features,
finish grade, materials and the like.
j) The outdoor smoking/dining area shall be a well-defined space surrounded by
decorative bollards, planters or fencing. A fence surrounding an outdoor
smoking/dining area shall be suitable for the intended use. If a fence is proposed,
a fencing plan shall be submitted for review and approval by the City.
k) The outdoor smoking/dining area shall be kept in a clean and orderly manner. No
food or beverages may be stored outdoors.
l) The outdoor smoking/dining area shall be designed and serviced to prevent debris
from blowing off the premises. The business and/or property owner shall be
responsible to ensure that the area is properly maintained and litter-free.
m) The outdoor smoking/dining area must conform to all fire and building codes
related to the number and types of exits that are required and maximum structural
occupancy limits.
n) The Planning Commission or the City Council may require the notification of
property owners if the outdoor smoking/dining area is located closer than 350 feet
from residential properties.
o) The parking regulations related to minimum required spaces as set forth in this
chapter shall apply and compliance therewith shall be maintained.
p) The maximum surface coverage requirements set forth in this chapter shall apply
and compliance therewith shall be maintained.
q) Smoking shall not be allowed in areas meeting the definition of “indoor area” as
defined by the Freedom to Breathe Provision of the Minnesota Clean Indoor Air
Act. “Indoor area” means all space between a floor and a ceiling that is bounded
by walls, doorways, or windows (whether open or closed) covering more than 50
percent of the combined surface area of the wall space constituting the perimeter
of the area. A screen is not considered a wall.
502.22- 2
ORDINANCE 502 – ZONING ORDINANCE
Subd. 4: Sidewalk Cafés: Sidewalk cafés are permitted accessory uses within the B-1
Central Business District in conjunction with a restaurant, coffee shop, or other eating and
drinking facility provided a site plan specifying the area in which the café will be operated is
approved by the Planning Commission, a minimum of five (5) feet of sidewalk width remains for
pedestrians, and the following requirements are met:
a) Sidewalk cafés shall be limited to the placement of tables, benches, chairs on
portions of sidewalks immediately adjacent to the business operating them.
b) A sidewalk café may not occupy any portion of a public street.
c) Maintenance of all private facilities on public property shall be the owner’s
responsibility.
d) Sidewalk café facilities including, but not limited to, tables chairs, and benches
shall not be left outdoors after business hours or between the hours of 10 p.m. and
6 a.m.
e) At no time shall the sidewalk café area be used for consumption of alcoholic
beverages.
f) Patrons shall not be served food or beverages outside, except that employees may
refill beverage containers in the seating area. At no time, shall the sidewalk café
area be used for consumption of alcoholic beverages.
g) The business and/or property owner shall be responsible to ensure the sidewalk
café area is properly maintained and litter-free. Sites of sidewalk cafés shall be
maintained in an orderly, clean and sanitary manner and be free of debris at all
times. Trash containers and staffing shall be available at all times to facilitate this
condition. Litter shall be picked up on a daily basis.
h) The Planning Commission and/or City Council may require businesses operating
sidewalk cafés routinely sweep and/or wash portions of sidewalks impacted by
such cafés.
i) The sidewalk café area shall not block access to the building entrance or required
exits.
j) Sidewalk café operators shall provide proof of insurance on an annual basis.
Owners of sidewalk cafés shall hold the City harmless from all liability associated
with the operation and maintenance of a sidewalk café.
502.22- 3
ORDINANCE 502 – ZONING ORDINANCE
Section 502.25: ZONING DISTRICT BOUNDARIES AND GENERAL DISTRICT
PROVISIONS
Subd. 1: Establishment of Districts. The following district classifications are hereby
established within the boundaries of the City of St. Joseph.
A Agricultural District
RR Rural Residential District
R-1 Single Family Residence District
R-2 Two Family Residence District
R-3 Multiple Residence District
R-4 Townhouse/Patio Home Residential District
R-5 Supportive Care District
B-1 Central Business District
B-2 Highway #75 Business District
B-3 General Business District
LI Light Industrial District
EE Educational - Ecclesiastical District
P Public Zone
Subd. 2: Map. The boundaries of the use districts are delineated on the Official Zoning
Map, which is hereby adopted by reference and declared to be a part of this Ordinance. Such
map shall be on permanent file and available for public inspection in the City Hall. It shall be
the responsibility of the City Administrator/Clerk to maintain and keep the map up to date and to
record each amendment thereto within thirty (30) days after official publication of the Ordinance
adopting the amendment. The official map shall be signed by the Mayor and the City
Administrator/Clerk with the City Seal and certified that it is the official map of the City.
Subd. 3: Zoning District Boundaries. The boundaries of districts are the center line of
streets; the center lines of alleys, the rear lot lines where there are not alleys; the side lines of
recorded lots, designated distances where land is unplatted, section lines or property lines.
Subd. 4: Annexed Land. Any land hereafter annexed to the City shall be considered to
be in the agricultural district until otherwise classified or unless either of the following
circumstances apply:
a) In the event the annexed land has been rezoned in compliance with the
intended future land use as identified in the St. Joseph Comprehensive
Plan by the Joint Powers Board of the Township of St. Joseph and the City
of St. Joseph and such action has been approved by the City Council of St.
Joseph, such land shall be considered to be in the district for which it was
rezoned by the Joint Powers Board.
502.25-1
ORDINANCE 502 – ZONING ORDINANCE
b) When approving the annexation of property which has not been rezoned by the
Joint Powers Board, the City Council by resolution, may direct that the property
be classified for zoning purposes as a district that is in compliance with the
intended future land use as identified in the St. Joseph Comprehensive Plan.
Subd. 5: Vacated Streets or Alleys. Whenever any street, alley, or other public way is
vacated by official action of the City Council of St. Joseph, the zoning district adjoining each
side of the street, alley or public way shall be automatically extended to the center of such
vacation, and all area included in the vacation shall then and henceforth be subject to all the
appropriate regulations of the extended districts.
Subd. 6: Uses Not Provided for Within Zoning Districts. Whenever in any zoning district
a use is neither specifically permitted nor denied and the use is neither specifically permitted in
any other district, the use shall be considered prohibited. In such case the City Council, the
Planning Commission, or a property owner may request a study by the City to determine if the
use is acceptable and if so, what zoning district would be most appropriate and the determination
as to conditions and standards relating to development of the use. The City Council and
Planning Commission upon receipt of the study may, if appropriate, initiate an amendment to the
zoning ordinance to provide for the particular use under consideration or may find that the use is
not compatible for development within the City of St. Joseph.
502.25-2
ORDINANCE 502 – ZONING ORDINANCE
Section 502.26: AGRICULTURAL DISTRICT
Subd. 1: Intent. To establish and preserve areas within the City for the continuation of
viable agricultural operations; and to provide for very low density residential development for
those persons desiring a rural life-style. To preserve areas which due to natural features, limited
roads and proximity to available services are best suited to limited development as determined by
the policies of the City Council.
Subd. 2: Permitted Uses.
a) General farming as defined by this Ordinance.
b) Single family residences as defined, provided they meet the requirements of this
section.
c) Commercial outdoor recreational area, including golf courses, club houses and
swimming pools.
d) Roadside stands for sale of excess garden produce provided they meet
requirements of this Ordinance.
e) Public parks, recreational areas, environmental study areas and game refuges.
f) Nurseries and tree farms.
Subd. 3: Conditional Uses. The following uses require a Conditional Use Permit as
regulated in this Ordinance.
a) Governmental and public utility buildings and structures.
b) Facilities for retail or wholesale trade connected with nursery and tree farms.
c) Kennels, animal hospitals, stables, etc., provided that:
1. Such uses are adequately screened from abutting residential uses;
2. Any structure, not including pens or corrals, in which animals are
temporarily or permanently kept is located at least 100 feet from any lot
line; and
3. Animals shall be kept in enclosed pens or corrals of sufficient height and
strength to retain such animals.
502.26-1
ORDINANCE 502 – ZONING ORDINANCE
d) Institutions of a religious eleemosynary or philanthropic nature.
e) Churches, religious or charitable purposes.
f) Public and Private schools, provided that the area and location of any school and
off-street parking shall be subject to the review and approval of the Planning
Commission.
g) Planned Unit Residential Development.
Subd. 4: Interim Uses. The following uses require an Interim Use Permit as regulated in
this ordinance as:
a) Mining, and extraction of minerals and dirt, per this Ordinance.
b) Portable asphalt mixing plants within extractive uses. The interim use permit
issues shall include, but is not limited to, the following conditions: provisions for
adherence to pollution control standards, hours of operation, setbacks, haul roads,
areas where the plant is to be located and slopes. The interim use permit required
for portable asphalt mixing plants is in addition to the interim use permit required
for the operation of the mining/extractive use.
Subd. 5: Permitted Accessory Uses.
a) Operation and storage of vehicles, machinery and equipment which is incidental
to permitted or special uses allowed in this district.
b) Living quarters for person employed on the premises.
c) Home occupations per Section 502.16.
Subd. 6: Lot Area Requirements.
a) Minimum area 10 acres - 435,600 square feet.
b) Minimum lot width 300 feet at the building setback line, except that if a lot or
tract has less area or width than herein provided and was legally platted and was
of record at the time of the passage of this Ordinance, that lot may be used for any
of the uses permitted by this section.
Subd. 7: Setback Requirements.
a) Front yard setbacks of not less than 30 feet from all other public right-of-ways,
unless: i) 30 percent or more of the frontage on the same side of the street
between two intersecting streets is improved with buildings that have observed a
502.26-2
ORDINANCE 502 – ZONING ORDINANCE
greater or less depth of front yard in which instance no buildings shall project
beyond a straight line drawn between the point closest to the street of the
residence upon either side of the proposed structure or, ii) If there be residences
upon only one side, then be on the straight line projected from the front of the two
nearest residences. iii) This regulation shall not be interpreted to require a front
yard of more than 100 feet.
b) Side yard setback shall be 15 feet. Wherever a lot of record existing at the time of
the passage of this Ordinance has a width of 75 feet or less, the side yard on each
side of a building may be reduced to a width of the lot, but in no instance shall it
be less than 5 feet.
c) Rear yard setbacks shall be not less than 40 feet in width from each building.
Subd. 8: Height Requirements.
a) No building hereafter erected or altered shall exceed 3 stories or shall it exceed 40
feet in height, except as hereinafter provided. Berming the building does not allow
a building to be constructed higher than 40 feet. Elevation for the building shall
be determined by the average grade of the land.
b) Public or semi-public or public service buildings, hospitals, institutions or schools
may be erected to a height not exceeding 60 feet, and churches may be erected to
a height not exceeding 75 feet if the building is set back from each yard
requirement at least one foot for each foot of additional building height above the
height limit otherwise provided in the district in which the building is located.
Subd. 9. Site Coverage. No structure or combination of structures shall occupy more
than 30% of the lot area.
Subd. 10: Signs as regulated within this Ordinance.
Subd. 11: Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
502.26-3
ORDINANCE 502 — ZONING ORDINANCE
Section 502.27: RR - RURAL RESIDENTIAL DISTRICT
Subd. 1: Intent. To establish and preserve areas within the City for the continuation of
agricultural operations; to provide for very low density residential development for those persons
desiring a rural life-style, to preserve and protect areas where soil conditions, bedrock
conditions, steep slopes, significant vegetation, wetlands or other unique natural features which,
are best suited for open space and limited development and are necessary to maintain the
character of the area or the community and which would be irreparably harmed by denser
development and to allow for use of areas not suitable for urban development, to prevent rapid
urbanization and provide economy in public expenditures and to govern and implement the long
range urban service plan of the City as identified in the Comprehensive Plan.
Subd. 2: Purpose. The Rural Residential district is included in the zoning provisions to
achieve the following purposes:
a) Minimize land use conflict between agricultural and other land uses.
1. Maintain suitable boundaries for urban, rural residential and agricultural areas.
2. Prevent premature urban development in rural areas which eventually may be
appropriate for urban uses, until the installation of streets, utilities, and until the
demand exists for such development.
b) Manage the impacts of growth and development on the City's rural character.
1. Discourage incompatible land uses through effective land use controls.
2. Identify appropriate areas for commercial, industrial and non-farm rural
residential developments.
3. Coordinate infrastructure expansion with development; and encourage
development where the infrastructure is adequate to serve that growth.
Subd. 3: Definitions. The following words and terms, in addition to the words and terms
identified in Section 502.04 in this Ordinance, shall have the following meanings, unless the
context clearly indicates otherwise:
a) Agricultural Buil ling: structure used for the storage and maintenance of
agricultural equipment, or the storage of livestock, feed, crops, or other agricultural
products.
b) Agricultural Operation: Real or personal property used for production of crops
including, but not limited to, fruit and vegetative production, tree farming, livestock,
poultry, dairy products or poultry products, but not a facility primarily engaged in
processing agricultural products. An agricultural operation shall also include certain
farm activities and uses as follows:
502.27-1
ORDINANCE 502 — ZONING ORDINANCE
a. Chemical and fertilizer spraying
b. Farm machinery noise
c. Extended hours of operation
d. Storage and spreading of manure and biosolids under state permit
e. Open storage of machinery
f. Odors produced from normal farm activities
g. On farm marketing of farm products
h. Yard waste and leaf composting site
i. Contaminated soils disposal
c) Animal Feedlot: a lot or building or combination of lots and buildings intended for
the confined feeding, breeding, raising or holding of animals and specifically
designed as a confinement area in which manure may accumulate or where the
concentration of animals is such that a vegetative cover cannot be maintained within
the enclosure. For purposes of this Section, petting zoos, horse stalls, riding arenas,
open lots and mink farms shall be considered to be animal feedlots. Pastures shall not
be considered animal feedlots. Animal feedlot shall include any manure storage
structure.
d) Home Extended Business: An occupation or profession engaged in by the occupant of
a dwelling unit within said unit or accessory structure which involves the storage of a
limited amount of vehicles and equipment; repair; service or assembly requiring
equipment other than customarily found in a home; or the storage of stock in trade
incidental to the performance of a service. A home extended business shall be clearly
incidental and secondary to the residential use of the premises, and shall only include
the sale of merchandise incidental to the home extended business.
e) Hobby Farm: An area on which crops are grown and or livestock (excluding fur -
bearing livestock) are raised.
f) Residential Subdivision: A described tract of land which has been divided into single
family residential lots establishing a residential neighborhood. Areas include 1St
Avenue NE at First Street East to CO RD 2, CO RD 2 at First Street East to Jasmine
Lane, Forest Manor Addition, River Ridge Estates, and Sunset Ridge.
Subd. 4: Permitted Uses.
a) Agricultural Operation
b) Single family detached dwelling unit
C) Hobby Farms
d) Roadside stand for the sale of agricultural products produced on the premises
(providing that such stands conform to the requirements of this Title relative to
construction, setback and use).
502.27-2
ORDINANCE 502 — ZONING ORDINANCE
e) Public parks, recreational areas, environmental study areas and game refuges.
f) Forestry, nurseries, green houses and tree farms excluding retail sales.
g) Residential care facilities serving 6 or fewer residents
g) Residences for principal farm operators
Subd. 5: Conditional Uses. The following uses require a Conditional Use Permit as
regulated in this Ordinance.
a) Antennas - TV/Radio Receiving, Short Waive/Private Transmitting.
b) Essential Services, Transmission Services and Utility Substations
C) Animal Feedlot expansions
C) Bed and Breakfast Inns
d) Government administrative and service buildings
e) Home extended businesses
f) Commercial outdoor recreation facilities, including golf courses, club houses,
swimming pools and similar uses.
g) Kennels — private
h) Solar Systems
i) Cemeteries
j) Facilities for retail or wholesale trade connected with nursery or tree farms
k) Places of Worship
1) Public and private schools
n) Residential care facilities serving 7-16 residents.
Subd. 6: Interim Uses. The following uses require an Interim Use Permit as regulated in
this ordinance as:
a) Mining, and extraction of minerals and dirt, per this Section 502.17.
502.27-3
ORDINANCE 502 — ZONING ORDINANCE
b) Portable asphalt mixing plants within extractive uses. The interim use permit
issues shall include, but is not limited to, the following conditions: provisions for
adherence to pollution control standards, hours of operation, setbacks, haul roads,
areas where the plant is to be located and slopes. The interim use permit required
for portable asphalt mixing plants is in addition to the interim use permit required
for the operation of the mining/extractive use.
Subd. 7: Permitted Accessory Uses.
a) Accessory Buildings on residential properties shall be exempt from Section
502.12 Subd. 1 of this Ordinance and shall meet the following:
i. The accessory building is located in the rear yard
ii. The size of the accessory building shall not exceed the square footage
footprint of the principal structure and five (5) percent of the total lot area
in a residential subdivision. Properties that are less than 27,000 square feet
in size shall comply with R -I district accessory building size
requirements.
iii. The same or similar exterior building material (such as siding, shingles,
etc) shall be used on the accessory building and the principal building.
iv. Pole barns and/or post frame construction and hoop tubular frame
buildings are prohibited in residential subdivisions.
V. No accessory building nor structure shall be constructed on any lot prior to
the time of construction of the principal building to which it is accessory.
b) Agricultural Buildings
C) Operation and storage of vehicles, machinery and equipment which is incidental
to permitted or special uses allowed in this district.
C) Home occupations per Section 502.16.
d) Private swimming pools in compliance with Section 502.12 Subd. 4. For an in -
ground pool, an automatic pool cover can be used in lieu of fencing requirements
provided it is certified and complies with ASTM (American Society of Testing
and Materials) F1346-91 standard, or successor standard.
e) Private sports courts i.e. tennis, basketball, etc.
f) Personal amateur radio and television antennas and satellite dish antennas.
Subd. 8: Lot Area Requirements.
502.27-4
ORDINANCE 502 — ZONING ORDINANCE
a) Minimum area 10 acres - 435,600 square feet.
b) Minimum lot width 300 feet at the building setback line, except that if a lot or
tract has less area or width than herein provided and was legally platted and was
of record at the time of the passage of this Ordinance, that lot may be used for any
of the uses permitted by this section.
Subd. 9: Setback Requirements.
a) Front yard setbacks of not less than 30 feet from all other public right-of-ways,
unless:
i) 30 percent or more of the frontage on the same side of the street between
two intersecting streets is improved with buildings that have observed a
greater or less depth of front yard in which instance no buildings shall
project beyond a straight line drawn between the point closest to the street
of the residence upon either side of the proposed structure or,
ii) If there be residences upon only one side, then be on the straight line
projected from the front of the two nearest residences.
iii) This regulation shall not be interpreted to require a front yard of more than
100 feet.
b) Sided setback shall be 15 feet. Wherever a lot of record existing at the time of
the passage of this Ordinance has a width of 75 feet or less, the side yard on each
side of a building may be reduced to a width of the lot, but in no instance shall it
be less than 5 feet.
C) Rearms setbacks shall be not less than 40 feet in width from each building.
Subd. 10: Height Requirements.
a) Buildings, other than agriculture buildings, shall not exceed thirty five (35) feet in
height, except as hereinafter provided. Berming the building does not allow a
building to be constructed higher than 35 feet. Elevation for the building shall be
determined by the average grade of the land.
b) Public or semi-public or public service buildings, hospitals, institutions or schools
may be erected to a height not exceeding 60 feet, and churches may be erected to
a height not exceeding 75 feet if the building is set back from each yard
requirement at least one foot for each foot of additional building height above the
height limit otherwise provided in the district in which the building is located.
Subd. 11. Site Coverage. No structure or combination of structures shall occupy more
than 30% of the lot area.
502.27-5
ORDINANCE 502 — ZONING ORDINANCE
Subd. 12: Rural Quality of Life Provisions. The Rural Residential zone applies to
properties annexed to the City of St. Joseph that were governed by the 1997 Orderly Annexation
Agreement. Properties in this area are rural in nature and have not been impacted by urban
development and shall be exempted from certain requirements applicable in other zones that
have been developed to an urban density. The exemptions for the properties annexed to the City
of St. Joseph that were governed by the 1997 Orderly Annexation Agreement expire when the
annexed properties are taxed at the full City tax rates. These properties are defined in Appendix
B of this Ordinance, which consists of the 1997 Orderly Annexation Agreement. The exemptions
are as follows:
a) Allowed Animals. Property owners whose property is zoned Rural Residential
shall have the following flexibility in relation to the regulations of Ordinance
1004, Licensing and Regulations of Animals:
i. Up to four (4) domestic dogs over three months old shall be allowed per
household.
ii. Farms animals including but not limited cattle, horses, hogs, chickens,
geese, sheep, goats, pigs, ducks and turkeys shall be allowed.
iii. Licenses shall not be required for domestic dogs.
iv. Animals shall be allowed to run at large unless this issue becomes a
nuisance generating complaints from neighbors.
b) Hunting/Firearms. Recreational firearm and bow arrow usage will be permitted
without a permit with the following conditions:
i. Property owners must adhere to all State and Federal laws regarding
hunting and the use and discharge of firearms, and bows and arrows.
ii. The Police Chief will monitor development of properties located within
this zoning district and as urbanization occurs, Firearms and Hunting may
be restricted.
C) Burning. Properties zoned Rural Residential shall be exempt from Ordinance
1003, Fire and Burning regulations provided:
i. Any open burning must be approved and permitted by the MN DNR.
d) Rental Regulations: Properties located in the Rural Residential zoning district
shall not be restricted from renting their dwelling or portion thereof. The property
owner shall be required to secure a rental license annually.
e) Wood Burning Stoves: Properties located in the Rural Residential zoning district
may utilize wood burning stoves as a form of alternative heat provided:
502.27-6
ORDINANCE 502 — ZONING ORDINANCE
a. The wood burning stove meets the minimum setback requirements based
on the manufacturer's guidelines.
b. Building Permits are secured for the installation
C. All stoves must meet the MPCA Guidelines
f) Noise. Rural Residential areas shall be exempt from the Noise Ordinance (1002)
provided that noise as defined in the Noise Ordinance does not become a public
nuisance or an endangerment to others.
Subd. 13: Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
502.27-7
ORDINANCE 502 – ZONING ORDINANCE
Section 502.30: R-1 SINGLE FAMILY RESIDENCE DISTRICT
Subd. 1: Intent. It is the intent of this district to provide for the orderly development of
residential areas and to avoid urban sprawl within the City; permit the development of single
family dwellings; to provide reasonable standards for such development; to avoid overcrowding;
and to prohibit the use of land which would be incompatible with or detrimental to the essential
residential character of such districts.
Subd. 2: Permitted Uses.
a) Single family dwellings - non-rental occupancy.
b) Parks and playgrounds.
c) Horticulture, not to include the retail sale of products.
d) Licensed residential group care facility with 1,300 feet between it and a similar
facility and not to exceed six boarders.
e) Licensed day-care facility serving 12 persons or less.
Subd. 3: Conditional Uses. The following uses shall require a Conditional Use Permit
based on the procedures set forth in this Ordinance:
a) Governmental and public utility buildings and structures necessary for the health,
safety and general welfare of the community.
b) Public or semi-public recreational buildings and community centers.
c) Licensed day-care centers serving 13 or more persons.
d) Licensed residential group care facilities with seven or more boarders.
e) Public libraries.
f) Public and private schools provided that the location and off-street parking has
been reviewed and approved by the Planning Commission.
g) Institutions of a religious eleemosynary or philanthropic nature.
h) Nurseries and greenhouses.
502.30-1
ORDINANCE 502 – ZONING ORDINANCE
i) Planned use residential development.
j) Bed and breakfast.
k) Uses which in the judgment of the Planning Commission and City Council are
similar to those listed in this zoning district.
Subd. 4. Permitted Accessory Uses.
a) Parking spaces and carports for passenger cars, trucks, recreational vehicles and
equipment.
b) Structures used for storage of domestic equipment and non-commercial recreational
equipment.
c) Swimming pools, tennis courts, detached screen porch or gazebo, provided that
the maximum lot coverage requirement is not exceeded. All swimming pools
must be fenced around the perimeter. The fence must meet the requirements of
this Ordinance.
d) No accessory building nor structure shall be constructed on any lot prior to the
time of construction of the principal building to which it is accessory.
e) Fences.
f) Home occupations.
g) Accessory building(s) and/or private garage(s), either attached or detached, subject to
the general requirements of Section 502.12.
h) A pet shelter or a structure designed and used exclusively for play by children in which
it shall not be considered an accessory building.
i) Signs as regulated within this Ordinance.
Subd. 5: Interim Uses. The following are Interim Uses allowed by permit based upon the
procedures and criteria set forth in this Ordinance.
a) Residential rental provided the unit is owner-occupied and provided the room(s)
rented does not contain separate kitchen facilities and is not intended for use as an
independent residence. For purposes of establishing if the property is owner
occupied, the owner must be a natural person, and all owners occupy the property
as their principal residence. The owners may not exceed two in number. For
purpose of determining ownership, the owner/owners must provide a copy of a
recorded deed or recorded contract for deed. A purchase agreement will not be
accepted as evidence of ownership. In addition,
502.30-2
ORDINANCE 502 – ZONING ORDINANCE
1. The property must satisfy the parking requirements contained in this
Ordinance.
2. The rental unit(s) must:
A. Have a ceiling height of at least seven (7) feet;
B. Contain adequate ventilation and fire escapes as determined by
the Building Official; and,
C. Meet all applicable rental codes as outlined in St. Joseph
Ordinance 505 and Ordinance 505.06, Subd. 1.
b) Residential Rental provided the property owner is relocating and the dwelling has
been actively for sale on the market for at least three months. For purposes of
establishing if the property is owner occupied, the owner must be a natural
person, and all owner (s) occupy the property as their principal residence and have
for at least two years. The owners may not exceed two in number. For purpose
of determining ownership, the owner/owners must provide a copy of a recorded
deed or recorded contract for deed. A purchase agreement will not be accepted as
evidence of ownership.
For the purpose of determining applicability, the property owner must provide a
copy of the current listing agreement, with a licensed realtor, showing the
property, is currently being marketed. In addition,
1. The property must satisfy the parking requirements contained in this
Ordinance.
2. The rental unit(s) must:
A. Have a ceiling height of at least seven (7) feet;
B. Contain adequate ventilation and fire escapes as determined by
the Building Official; and,
C. Meet all applicable rental codes as outlined in St. Joseph
Ordinance 505 and Ordinance 505.06, Subd. 1.
3. Conditions of the Interim Use Permit
A. If granted, the Interim Use Permit shall have a term of one year,
which can be renewed for one additional one year. The property
owner must make application for renewal and complete the rental
license process as well.
B. Under no circumstances shall the Interim Use Permit extend
beyond two years and a renewed Interim Use Permit will expire
502.30-3
ORDINANCE 502 – ZONING ORDINANCE
and the end of the two year period.
Subd. 6: Lot Area Requirements.
a) Minimum Area: 20,000 square feet where municipal sanitary sewer and water
services are not available.
b) Minimum Area where served by municipal sewer and water: 11,000 square feet.
c) Average width of not less than 75 feet and an average depth of not less than 125
feet.
Subd. 7: Setback Requirements.
a) Front yard setbacks of not less than 30 feet from the property line, unless:
1. 30 percent or more of the frontage on the same side of the street between
two intersecting streets is improved with buildings that have observed a
greater or less depth of front yard in which instance no new building or
portion thereof shall project beyond a straight line drawn between the
point closest to the street line of the residence upon either side of proposed
structure or,
2. If there are residences upon only one side, then beyond the straight line
projected from the front of the nearest residences.
3. Nothing in this regulation shall be interpreted to require a front yard of
more than 50 feet.
4. Where the street is curved, the line shall follow the curve of the street
rather than to be a straight line.
b) Side yard setbacks shall be ten (10) feet from the property line, except that where
the side yard abuts a public right of way, the side yard setback shall be thirty (30)
feet from the property line.
c) Rear yard shall have a depth of not less than 20 percent of the depth of the lot.
d) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 8: Height Requirements.
a) No building shall exceed shall exceed 35 feet in height. Berming the building
does not allow a building to be constructed higher than 35 feet. Elevation for the
building shall be determined by the average grade of the land.
502.30-4
ORDINANCE 502 – ZONING ORDINANCE
Subd. 9: Site Coverage.
a) No structure or combination of structures shall occupy more than 30% of the lot
area.
b) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces
shall include all structures, parking spaces and driveway connecting the parking
space with a street or alley.
Subd. 10: Yard Cover. Every yard on a premise on which a dwelling stands shall, within
3 months of issuance of a certificate of occupancy, be provided with lawn or combined lawn
cover of vegetation, gardens, hedges, shrubbery, and related decorative materials and such yards
shall be maintained consistent with prevailing community standards. If a certificate of
occupancy is issued between the months of November and April, the 3 month period shall begin
to run on May 1st.
Subd. 11: Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
502.30-5
ORDINANCE 502 – ZONING ORDINANCE
Section 502.34: R-2 TWO FAMILY RESIDENCE DISTRICT
Subd. 1: Intent. It is the intent of this district to provide for the orderly development of
residential areas and to avoid urban sprawl within the City; permit the development of single and
two family dwellings; to provide reasonable standards for such development; to avoid
overcrowding; and to prohibit the use of land which would be incompatible with or detrimental
to the essential residential character of such districts.
Subd. 2: Permitted Uses.
a) Single family dwellings, owner occupied as defined in this Ordinance.
b) Two family dwellings, owner occupied. For the purpose of determining if the
property is owner occupied, the owner must be a natural person, and all the
owners must occupy the property as their principal residence.
c) Parks and playgrounds.
d) Horticulture, not to include the retail sale of products.
e) Licensed residential group care facility with 1,300 feet between it and a similar
facility and not to exceed six (6) boarders.
f) Licensed day-care facility serving 12 persons or less.
Subd. 3: Conditional Uses. The following uses shall require a Conditional Use Permit
based on the procedures set forth in this Ordinance.
a) Governmental and public utility buildings and structures necessary for the health,
safety, and general welfare of the community.
b) Public or semi-public recreational buildings and community centers.
c) Licensed day-care centers serving 13 or more persons.
d) Licensed residential group care facilities with seven or more boarders.
e) Nursing Homes and Board and Care Homes, provided that adequate parking is
provided and the site is accessible to commercial service areas.
f) Public libraries.
502.34-1
ORDINANCE 502 – ZONING ORDINANCE
g) Public or private schools, providing, however, that the area and location of any
school and off-street parking heretofore shall be subject to the approval of the
Planning Commission.
h) Churches.
i) Institutions of a religious, eleemosynary or philanthropic nature.
j) Nurseries and greenhouses.
k) Planned unit residential development.
l) Bed and breakfast.
m) Uses which in the judgment of the Planning Commission and City Council are
similar to those listed in this zoning district.
n) Non-owner occupied rental to a Family as defined by this Ordinance.
o) Manufactured homes as defined by this Ordinance.
p) Manufactured Home Parks, in accordance with this Ordinance.
Subd. 4: Permitted Accessory Uses.
a) Private garages, parking spaces and carports for passenger cars, trucks,
recreational vehicles and equipment.
b) Home Occupations.
c) Houses and similar buildings for storage of domestic equipment and non-
commercial recreational equipment.
d) Swimming pools, tennis courts, and detached screen porch or gazebo, provided
that the maximum lot coverage requirement is not exceeded. All swimming pools
must be fenced around the perimeter. The fence must meet the requirements of
this Ordinance.
e) Fences.
f) Accessory building(s) and/or private garage(s), either attached or detached,
subject to the general requirements of this Ordinance.
g) Signs as regulated in this Ordinance.
Subd. 5: Lot Area Requirements.
502.34-2
ORDINANCE 502 – ZONING ORDINANCE
a) Minimum area for Two Family Dwelling Unit not served by municipal sewer and
water: 24,000 square feet.
b) Minimum Area for Two Family Dwelling Unit served by municipal sewer and
water: 10,000 square feet.
c) Average width of not less than 75 feet and an average depth of not less than 125
feet.
Subd. 6: Setback Requirements.
a) Front yard setbacks of not less than 30 feet from property line, unless:
1. 30 percent or more of the frontage on the same side of the street between
two intersecting streets is improved with buildings that have observed a
greater or less depth of front yard in which instance no new building or
portion thereof shall project beyond a straight line drawn between the
point closest to the street line of the residence upon either side of proposed
structure; or
2. If there are residences upon only one side, then beyond the straight line
projected from the front of the nearest residences.
3. Nothing in this regulation shall be interpreted to require a front yard of
more than 50 feet.
4. Where the street is curved, the line shall follow the curve of the street
rather than to be a straight line.
b) Side yard setbacks shall be ten (10) feet, except that where the side yard abuts a
public right of way, the side yard setback shall be thirty (30) feet from the
property line.
c) Rear yard shall have a depth of not less than 20 percent of the depth of the lot.
d) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 7: Height Requirements. No building shall exceed 2 stories or shall it exceed 35
feet in height. Berming the building does not allow a building to be constructed higher than 35
feet. Elevation for the building shall be determined by the average grade of the land.
Subd. 8: Site Coverage.
a) No structure or combination of structures shall occupy more than 30% of the lot
area.
502.34-3
ORDINANCE 502 – ZONING ORDINANCE
b) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces
shall include all structures, parking spaces and driveway connecting the parking
space with a street or alley.
Subd. 9: Yard Cover. Every yard on a premise on which a dwelling stands shall, within
3 months of issuance of a certificate of occupancy, be provided with lawn or combined lawn
cover of vegetation, gardens, hedges, shrubbery, and related decorative materials and such yards
shall be maintained consistent with prevailing community standards. Motor vehicles may not be
left parked or unattended on or within a yard. Grass shall be maintained so not to exceed a
height of 6 inches.
Subd. 10. Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
502.34-4
ORDINANCE 502 – ZONING ORDINANCE
Section 502.38: R-3 MULTIPLE FAMILY RESIDENCE DISTRICT
Subd. 1: Intent. R-3, Multiple Family Residence District is intended to provide a district
which will allow higher density or residential development where city sewer services are
available.
Subd. 2: Permitted Uses.
a) Multiple Family dwelling structures
b) Parks and playgrounds.
c) Hospitals, extended care centers, nursing homes, group care centers or assisted
living centers.
d) Churches, libraries, museums or schools.
e) Townhouses.
f) Lodging houses.
g) Licensed in-home daycare serving 16 or fewer persons.
h) Licensed residential facilities/group homes serving 16 or fewer persons.
Subd. 3: Permitted Accessory Uses.
a) Private garages, parking spaces and carports for passenger cars, trucks,
recreational vehicles and equipment. Private garages shall meet the requirements
of the General Performance Standards section within this Ordinance. R-3
developments with three (3) or less units shall abide by the R-4 accessory
building provisions, including but not limited to the maximum lot coverage
requirements.
b) Home occupations.
c) Swimming pools and tennis courts, provided that the maximum lot coverage
requirement is not exceeded. All swimming pools must be fenced around the
perimeter. The fence must meet the requirements of this Ordinance.
d) Residential communal facilities such as laundry, recreation buildings, and
residential leasing office.
502.38-1
ORDINANCE 502 – ZONING ORDINANCE
e) Fences.
f) Signs as regulated in this Ordinance.
Subd. 4: Conditional Uses. The following uses require a conditional use permit as
provided for in this Ordinance.
a) Public buildings, police and fire stations and other public buildings, except those
customarily considered industrial in nature.
b) Cemeteries and memorial gardens.
c) Manufactured Home Parks, in accordance with this Ordinance.
d) Uses which in the judgment of the Planning Commission and City Council are
similar to those listed in Subdivision 2 of this Section.
Subd. 5: Lot Area Requirements.
a) Minimum lot area shall be 12,000 square feet.
b) For the basis of computing the number of permitted units within a multiple
residence, the following shall apply:
1. Efficiency unit for each 2,000 square feet of lot area; and
2. One 1 bedroom unit for each 3,000 square feet of lot area; and
3. One 2 bedroom unit for each 3,500 square feet of lot area; and
4. One 3 bedroom unit for each 4,000 square feet of lot area;
5. For each additional bedroom (over 3) per unit, an additional 500 square
feet of lot area;
6. Lot depths of greater than 150% of the average lot width shall be used in
computing the maximum number of units.
7. On-site manager unit – shall be based on the same square footage
requirements as stated above.
c) Multiple family dwellings shall not occupy more than 35% of the lot including
accessory buildings.
d) Each lot shall have a minimum width of 150 feet at the building setback line.
e) Each lot shall have a minimum width of 80 feet at the public right-of-way.
502.38-2
ORDINANCE 502 – ZONING ORDINANCE
f) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces
shall include all structures, parking spaces and driveway connecting the parking
space with a street or alley.
Subd. 6: Schedule of Allowances. The lot areas per dwelling unit described in Section
502.38, Subd. 5 shall be further subject to the following schedule of allowances, which shall be
added to or subtracted from, the minimum lot area per dwelling unit as prescribed hereby
regulating density requirements as to the location, use and access provided for the property
within the R-3 multiple residence family district.
a) For each parking space provided within the building, or underground, subtract
300 square feet.
b) If the site upon which the multiple dwelling is being constructed, or the zoning
district adjacent to the site is zoned for a commercial use, subtract 300 square feet.
c) If the multiple dwelling site is within 300 feet of an R-1 or R-2 Residence
District, add 300 square feet per unit, for all units constructed on the site.
d) If the total lot coverage is less than 20%, subtract 150 square feet per unit.
e) In such cases where it is necessary to raze an existing principal structure in a
dilapidated condition, or where said building is economically unfeasible to
rehabilitate, there shall be provided an allowance of two dwelling units above any
other allowances required within this section.
f) If the multiple dwelling unit contains major outdoor recreational features or
structures such as swimming pools, improved outdoor common areas with
pathways/parkland or similar facilities requiring a substantial investment equal to
or greater than five (5%) percent of the construction cost of the principal
structure, subtract 75 square feet per unit.
g) If the multiple dwelling unit contains indoor recreation and social rooms equal to
twenty-five (25) square feet per unit or 1,000 square feet, whichever is greater;
subtract 50 square feet per unit.
Subd. 7. Setback Requirements.
a) The front yard of any R-3 residence shall be 35 feet from the lot line.
b) The side yard of any R-3 residence shall be 20 feet from the lot line, unless the
side yard abuts a street or highway in which case the setback shall not be less than
30 feet. In the event the side yard of an R-3 residence abuts another residential
district, all principal structures shall be set back 50 feet from the property line.
502.38-3
ORDINANCE 502 – ZONING ORDINANCE
c) The rear yard of any R-3 residence shall be 40 feet from the lot line. When
abutting a lower density residential use, the rear yard setback shall be a minimum
of fifty (50’) feet from the property line.
d) Detached accessory structures and parking lots with more than 2 stalls shall be
setback a minimum of ten (10) feet from those side and rear property lines
adjacent to uses of a similar density (R-3), commercial and industrial properties.
Detached accessory structures shall be setback a minimum of thirty (30) feet from
those side and rear property lines adjacent to lower density residential uses.
e) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 8: Height Requirements. No structure shall exceed 3 stories or 40 feet in height.
Berming the building does not allow a building to be constructed higher than 40 feet. Elevation
for the building shall be determined by the average grade of the land.
Subd. 9: Exterior Requirements. All exterior wall finishes on any building shall include
at least one material from each of the following groups:
a) Face brick, natural stone, wood textured precast concrete panels, textured
concrete block, stucco.
b) Pre-finished decorative panels made of metal, vinyl, steel or wood.
Subd. 10: Yard Cover. Every yard on a premise on which a dwelling stands shall be
provided with lawn or combined lawn cover of vegetation, gardens, hedges, shrubbery, and
related decorative materials and such yards shall be maintained consistent with prevailing
community standards. Motor vehicles may not be left parked or unattended on or within a yard.
Grass shall be maintained so not to exceed a height of 6 inches.
Subd. 11: PUD. In the event a developer requests a multiple dwelling structure
containing more than twelve (12) units under Subdivision 2(a) of this Section, that developer
shall abide by the requirements set forth in the PUD Ordinance, except that the provision
requiring a minimum of twenty (20) acres will not apply.
a) If land is rezoned as an R3-PUD under this Section, a developer shall have no
longer than one year in which to begin construction of the multiple dwelling
structure. If the project has not begun within one year from the date of rezoning,
the land shall revert back to its prior zoning classification before the request for
the R3-PUD.
502.38-4
ORDINANCE 502 – ZONING ORDINANCE
Section 502.42: R-4: TOWNHOUSE/PATIO HOME RESIDENTIAL DISTRICT
Subd. 1: Intent: It is the intent of the R-4 Townhouse/Patio Home District to
accommodate a variety of single-family housing types, including patio homes and single-family
common wall attached housing units such as townhouses or rowhouses at low to moderate
residential densities. The R-4 District is intended for those areas designated as medium and/or
high density residential areas or residential planned unit developments under the Comprehensive
Plan. The R-4 District shall be developed by Planned Unit Development in accordance with the
provisions of this Ordinance except that the provision requiring a minimum of twenty (20) acres
will not apply. For the purpose of this ordinance, the following definitions will apply:
a) Patio home: A single-family attached or detached unit consisting of one level
living area with open space setbacks on two (2) sides and the ability to have a
bonus room above the garage.
b) Bonus Room: A single room in a house that is created from constructing a garage,
which can be used as a multi-purpose area, such as a family room, sewing or
hobby room, game room, theater room, office, or den. A bonus room is not a
separate dwelling unit or accessory apartment and cannot include kitchen
facilities.
c) Dwelling Unit: A residential accommodation including complete kitchen and
bathroom facilities, which is arranged, designed, used or intended for use
exclusively as living quarters for one family.
b) Rowhouse: One of a series of essentially identical single family residential
structures situated side by side and joined by common walls.
c) Townhouse: A single-family dwelling in a row of at least three (3) such units in
which each unit has its own front and rear access to the outside, no unit is located
over another unit, and each unit is separated from any other unit by one or more
common fire resistant walls.
d) Twin Home: Two dwelling units each located upon separate, abutting lots; each
attached side to side but not having a side yard setback from one lot line; each
sharing only one common, unpierced from ground to roof wall; and separated
from any other building or structure by space on all sides.
Subd. 2: Permitted Uses:
a) Patio homes.
502.42-1
ORDINANCE 502 – ZONING ORDINANCE
b) Townhouses of not more than two stories each.
c) Row Houses of not more than two stories each.
d) Twin Home
Subd. 3: Conditional Uses: The following uses shall require a Conditional Use Permit
based on the procedures set forth in this Ordinance.
a) Governmental and public utility buildings and structures necessary for the health,
safety, and general welfare of the community.
b) Public or semi-public recreational buildings and community centers.
c) Licensed day-care centers serving 13 or more persons
d) Licensed residential group care facilities with seven or more boarders.
e) Nursing Homes and Board and Care Homes, provided that adequate parking is
provided and the site is accessible to commercial service areas.
f) Public Libraries
g) Public or private schools, providing, however, that the area and location of any
school and off-street parking heretofore shall be subject to the approval of the
Planning Commission.
h) Churches
i) Institutions of a religious, eleemosynary or philanthropic nature.
j) Nurseries and greenhouses.
k) Planned Unit Residential development
l) Bed and Breakfast
m) Uses which in the judgment of the Planning Commission and City Council are
similar to those listed in this zoning district.
n) Non-owner occupied rental provided the housing is elderly housing.
o) Manufactured homes as defined by this Ordinance.
p) Manufactured Home Parks, in accordance with this Ordinance.
Subd. 4: Permitted Accessory Uses.
502.42-2
ORDINANCE 502 – ZONING ORDINANCE
a) Private garages, parking spaces and carports for passenger cars, trucks,
recreational vehicles and equipment.
b) Home Occupations per Section 502.16.
c) Houses and similar buildings for storage of domestic equipment and non-
commercial recreational equipment.
d) Swimming Pools, tennis courts, and detached screen porch or gazebo, provided
that the maximum lot coverage requirement is not exceeded. All swimming pools
must be fenced around the perimeter. The fence must meet the requirements of
this Ordinance.
e) Fences
f) Accessory building (s) and/or private garage (s), either attached or detached, shall
be subject to the general requirements of this Ordinance, except that up to fifteen
(15) percent of the total lot area may be used for accessory buildings for
townhouse, group or row house development.
Subd. 5: Lot Area Requirements.
Land Use Minimum Lot Minimum Lot Minimum Lot
Area Width Depth
a) Detached Patio
Home 6,000 60’ 100’
b) Townhouse, group
or row houses 12,000 75’ 120’
c) Churches, chapels,
temples, synagogues 22,000 100’
d) Public Buildings 40,000 100’
e) Day care facilities
serving 15 or more
persons and
residential facilities 9,000 75’ 120’
serving more than 6
persons
f) Schools 22,000 100’ 120’
g) The minimum lot area per townhouse, group or row house unit shall be four
thousand square feet (4,000 sq. ft.)
h) The net housing density within the district is six (6) units per acre of net buildable
area of the subdivision. Net buildable area shall be the total area less public street
502.42-3
ORDINANCE 502 – ZONING ORDINANCE
right-of-way, wetlands, drainage ways, water bodies and slopes greater than
twelve (12) percent.
Subd. 6: Setback Requirements.
Land Use Front Yard Interior Side Street Side Rear
setback Yard setback Yard setback Yard
setback
a) Patio Home* 30’ 10’ 20’ 20’
b) Townhouse, group
or row houses 30’ 10’ 25’ 20’
c) Churches, chapels,
temples, synagogues 30’ 20’ 30’ 35’
d) Day care facilities
serving 15 or more
persons and 30’ 10’ 25’ 35’
residential facilities
serving more than 6
persons
e) All other uses 50’ 50’ 50’ 50’
f) Accessory Uses Same as Same as Same as
principal principal principal 10’
*Attached patio homes would be relieved from the setback requirements where
attachments occur at the lot line.
Subd. 7: Building Requirements.
a) Building Height shall not exceed two (2) stories or 35 feet as measured from the
average grade.
b) No more than 8 dwelling units shall be constructed within one structure.
c) Each dwelling unit shall have two or more individual, separate entrances.
d) All dwelling units shall have a minimum roof pitch of 4:12 as defined by the
building code.
e) All dwelling units shall have a frost free foundation as defined by the building
code, or an engineered concrete slab with concrete above-grade exterior
foundations walls.
f) The exterior of townhouse and rowhouse dwelling units shall include a variation
in building materials, which are to be distributed throughout the building facades
and coordinated into the architectural design of the structure to create an
502.42-4
ORDINANCE 502 – ZONING ORDINANCE
architecturally balanced appearance. The preferred materials are: brick, stucco,
stone, steel/vinyl/aluminum and fiber-cement siding. In addition, a minimum of
25 percent of the combined area of all building facades of a structure shall have
an exterior finish of brick, stucco and/or natural or artificial stone. For the
purpose of this section, the area of the building façade shall not include the area
devoted to windows, entrance doors, garage doors or roof areas.
g) Buildings shall be designed to prevent the appearance of straight, unbroken lines
in their horizontal and vertical surface. There shall be no more than two
contiguous townhouse dwelling units without a break in the horizontal and/or
vertical elevations of at least thirty-two (32) inches.
h) Where more than one (1) principal use building is to be located upon the same
site, the separation between buildings shall not be less than forty (40) feet.
i) Provision shall be made for possible decks, porches or additions as part of the
initial dwelling unit building plans. The site plan for each dwelling unit shall be
configured and sized to include decks, patios or porches.
j) All dwelling units shall have a minimum floor area of 676 square feet.
k) Provisions for shelter in the event of severe weather for each dwelling unit shall
be demonstrated either in the form of the construction of a free-standing severe
weather structure, a reinforced concrete safe room within each dwelling unit
and/or basement/crawl space sufficient to house four (4) adults per dwelling unit.
1. The entrance to a development shall be one that abuts a collector or
arterial road.
Subd. 8: Parking Provisions. All driveways and parking areas shall be hard surfaced and
each dwelling unit shall be provided with a minimum of two parking spaces one of which shall
be in an attached garage.
Subd. 9: Site Coverage. On lots developed for townhouse or rowhouse or attached patio
home units, no structure or combination of structures shall occupy more than 50% of the lot area.
On lots developed for detached patio home units, no structure or combination of structures shall
occupy more than 35% of the lot area.
Subd. 10: Signs as regulated within this Ordinance.
Subd. 11: Yard Cover. Every yard on a premise on which a dwelling stands shall, within
3 months of issuance of the certificate of occupancy, be provided with lawn or combined lawn
cover of vegetation, gardens, hedges, shrubbery, and related decorative materials and such yards
shall be maintained consistent with prevailing community standards. Motor vehicles may not be
left parked or unattended on or within a yard. Grass shall be maintained so as not to exceed a
height of 6 inches.
502.42-5
ORDINANCE 502 – ZONING ORDINANCE
Subd. 12: Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs.
Subd. 13: Common Areas. All common areas within an R-4 development, including but
not limited to, open space, wetlands, greenways, drainage ponds, driveway, parking areas, play
areas, etc., shall be owned and maintained by a condominium, association, cooperative or other
common interest community created pursuant to Minnesota Statute, Chapter 515B and approved
by the City Attorney. The agreement shall provide for all exterior building maintenance,
approval of any exterior architectural modifications, landscaping, snow clearing and regular
maintenance of private driveways and other areas owned in common.
502.42-6
ORDINANCE 502 – ZONING ORDINANCE
Section 502.46: R-5: SUPPORTIVE CARE DISTRICT
Subd. 1: Intent. The Supportive Care District is intended to provide continuing housing
from independent to full care and for high quality mixed use development, including medium
and high density residential, such as patio homes, townhomes, and other senior multi-family
housing and limited commercial uses, such offices, retail, and dining.
Subd. 2: Permitted Uses.
a) Patio homes, twin home or two family dwellings for seniors age 55 and older.
b) Townhomes for seniors age 55 and older. Each unit must have a separate entrance
to front and rear yards. Units may be clustered but no more than six (6) units
connected in a cluster.
c) Multiple-family dwelling structures for seniors age 55 or older.
d) Independent Living Facilities.
e) Parks and playgrounds.
f) Hospitals, extended care centers, nursing homes, group care centers or assisted
living centers.
g) Places of worship.
Subd. 3: Permitted Accessory Uses.
a) Any combination of the following uses open to the public provided all accessory
uses combined do not exceed 25% of the aggregate square footage of the principal
structure: book stores, gift shops, banks, insurance offices, bakeries, candy, ice
cream, coffee, and delicatessen shops, restaurants, grocer, convenient and drug
stores, clinics, state licensed day care facility and similar uses.
b) Private garages, parking spaces for passenger cars, trucks, recreational vehicles
and equipment. Developments with three (3) or less units shall abide by the R-1
accessory building provisions, including but not limited to the maximum lot
coverage requirements.
c) Home occupations as provided in this Code.
502.46-1
ORDINANCE 502 – ZONING ORDINANCE
d) Swimming pools and tennis courts, provided that the maximum lot coverage
requirement is not exceeded. All swimming pools must be fenced around the
perimeter. The fence must meet the requirements of this Code.
e) Residential communal facilities such as laundry, recreation buildings, and
residential leasing office.
f) Fences as provided in this Code.
Subd. 4: Lot Area Requirements: Patio Homes, Townhomes and Twin Homes.
Land Use Minimum Lot Minimum Lot Minimum Lot
Area Width Depth
a) Detached Patio Home 6,000 SF 60’ 100’
b) Townhome 12,000 SF 75’ 120’
c) Two Family and
Attached Patio Home 10,000 SF 75’ 125’
d) The minimum lot area per townhouse, group or row house unit shall be four
thousand square feet (4,000 sq. ft.)
e) The net housing density within the district is six (6) units per acre of net buildable
area of the subdivision. Net buildable area shall be the total area less public street
right-of-way, wetlands, drainage ways, water bodies and slopes greater than
twelve (12) percent.
f) Total building coverage shall not occupy more than 35% of the lot. Impervious
surfaces shall not exceed 50% of the lot area. Impervious surfaces shall include
all structures, parking spaces, patios, and driveways.
Subd. 5: Lot Area Requirements: Multiple-Family Structures, (excluding patio homes,
townhomes and twin homes).
a) Minimum lot area shall be 12,000 square feet.
b) For the basis of computing the number of permitted units within a multiple
residence the following shall apply:
c) Efficiency unit for each 2,000 square feet of lot area; and
d) One 1 bedroom unit for each 3,000 square feet of lot area; and
502.46-2
ORDINANCE 502 – ZONING ORDINANCE
e) One 2 bedroom unit for each 3,500 square feet of lot area; and
f) One 3 bedroom unit for each 4,000 square feet of lot area;
g) For each additional bedroom (over 3) per unit, an additional 500 square feet of lot
area.
h) Total building coverage shall not occupy more than 35% of the lot. Impervious
surfaces shall not exceed 50% of the lot area. Impervious surfaces shall include
all structures, parking spaces, patios, and driveways.
i) Each lot shall have a minimum width of 150 feet at the building setback line.
j) Each lot shall have a minimum width of 80 feet at the public right-of-way.
Subd. 6: Setback Requirements. Except for setbacks along the common property for
attached dwellings, all other setbacks shall be met.
Land Use Front Yard Interior Side Street Side Rear
Setback Yard setback Yard setback Yard setback
a) Patio Home 30’ 10’ 20’ 20’
b) Townhouse, group
or row houses 30’ 10’ 25’ 20’
c) Two-Family 30’ 10’ 30’ 20’
d) All other uses 35’ 20’ 30’ 40’
e) In the event that a multi-family structure greater than six (6) units and/or thirty-
five (35) feet high and/or commercial use abuts a lower density residential use, all
principal structures shall be setback 50 feet from the property line and all
detached structures shall be setback 30 feet from the property line.
Subd. 7: Height Requirements.
a) Patio Home, Two-Family Home, Twin Home, Townhome: 35 feet
b) All other uses: 3 stories, 40 feet whichever is less
Subd. 8: Exterior Requirements. All exterior wall finishes on any building shall include
at least one material from each of the following groups:
502.46-3
ORDINANCE 502 – ZONING ORDINANCE
a) Face brick, natural stone, wood textured precast concrete panels, textured
concrete block, or stucco.
b) Pre-finished decorative panels made of metal, vinyl, steel or wood.
Subd. 9: Yard Cover. Every yard on a premise on which a dwelling stands shall be
provided with lawn or combined lawn cover of vegetation, gardens, hedges, shrubbery, and
related decorative materials and such yards shall be maintained consistent with prevailing
community standards. Motor vehicles may not be left parked or unattended on or within a yard.
Grass shall be maintained so not to exceed a height of 6 inches.
Subd. 10: Building Requirements.
a) Provisions for shelter in the event of severe weather for each dwelling unit shall
be demonstrated either in the form of the construction of a free-standing severe
weather structure, a reinforced concrete safe room within each dwelling unit
and/or basement/crawl space sufficient to house four (4) adults per dwelling unit.
b) Each patio home shall have a two-car garage. The garage space shall not be
eliminated by enclosing the garage with a stationary wall.
502.46-4
ORDINANCE 502 — ZONING ORDINANCE
Section 502.50: B -I CENTRAL BUSINESS DISTRICT
Subd. 1: Intent. The Central Business District has been established to encourage the
continuation of a viable downtown by promoting uses dependent of high volumes of pedestrian
traffic; to provide for regulation of the high intensity commercial uses located within the original
core of the City; and, to encourage parks/greenspace in the downtown. The Central Business
District provides space for concentrated general business and commercial activities at locations
where they are easily accessible to residential areas and, at the same time, minimizing negative
impacts to residential neighborhoods.
Subd. 2: Permitted Uses. The following uses shall be permitted within the Central
Business District:
a) Antique stores.
b) Appliance stores.
C) Apparel shops.
d) Artisan shops.
e) Bakery goods, sales and baking of goods on premises.
f)
Barber and beauty salons.
g)
Bicycle sales and repairs.
h)
Book stores.
i)
Boutiques.
J) Business/professional offices.
k) Coffee shops.
1) Farmers market. Notification and the submittal of a plan to the Planning
Commission is required.
m) Financial institutions, including insurance companies.
n) Florist.
o) Fruit, vegetable and meat stores.
502.50-1
ORDINANCE 502 — ZONING ORDINANCE
P) Government buildings.
q) Grocery and drug stores, not more than 10,000 square feet in size.
r) Hardware stores, not more than 10,000 square feet in size.
S) Hobby shops and gift stores.
t) Interior design services, including floor and wall covering stores.
u) Jewelry sales and service.
V) Laundry and dry-cleaning services.
w) Library.
x) Medical, optical and dental clinics.
y) Microbreweries and bars.
y) Parks and Open Spaces.
z) Pet shops, excluding kennel services.
aa) Photograph sales and repair.
bb) Record and video stores.
cc) Restaurants, coffee shops, excluding drive-in service.
dd) Sporting goods stores.
ee) Postal facilities
ff) Other use determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Subd. 3: Conditional Uses. The following uses shall require a Conditional Use Permit as
provided for in this Ordinance.
a) Bed and Breakfast.
b) Convenience stores, excluding fueling facilities.
C) State licensed day care and nursery school facilities provided that:
502.50-2
ORDINANCE 502 — ZONING ORDINANCE
Adequate off-street parking and loading is provided, and;
2. The facility meets all State licensing requirements pursuant to Minnesota
Statutes 245A.02 and 45A.11.
d) Motor vehicle service stations.
e) Auto, service and repair shops.
f) Mixed use of a Permitted Use and a multiple residential dwelling units; but only if
at least 50% of the interior square footage (exclusive of the basement or cellar) is
used full time for a Permitted Use, and said permitted and residential uses are not
conflicting. The area consisting of multiple residential dwelling units must meet
the standards of this Ordinance; and said residential uses occupy only the upper
and/or rear portions of structures. Off-street parking requirements shall be
separately determined for the commercial and residential uses in accordance with
Section 502.10.
g) Hotels, Motels, Lodge.
h) Commercial Planned Unit Developments.
i) Other uses determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Subd. 4: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the Central Business District.
a) Commercial or business building for a use accessory to the principal use, not to
exceed 50 percent of the size of principal building.
b) Signs as regulated in this Ordinance.
C) Temporary buildings for construction purposes for a period not to exceed
construction.
d) Off-street loading and parking areas.
Subd. 5: Setback Requirements.
a) Front yard setbacks shall be ten (10) feet from the lot line. If the building front is
located on Minnesota Street from College Avenue to Second Street Northwest, no
front yard setback is required.
b) Side yard setback shall be five (5) feet from the lot line. No structure shall be
placed closer than twenty (20) feet from the boundary of any residential district. If
502.50-3
ORDINANCE 502 — ZONING ORDINANCE
the building front is located on Minnesota Street from College Avenue to Second
Street Northwest, no side yard setback is required.
C) Rear yard setback shall be five (5) feet from the lot line, except:
Where a lot abuts an alley, the rear yard setback shall be ten (10) feet;
2. Where a lot abuts a residential district, the rear yard setback shall be
twenty (20) feet.
Subd. 6: Height Requirements. Any portion of a structure shall not exceed 3 stories or 40
feet in height. Berming the building does not allow a building to be constructed higher than 40
feet. Elevation for the building shall be determined by the average grade of the land.
Subd. 7: Building Materials. Building facades shall be designed to avoid a monolithic
design and feature divisions in materials, textures and separate entrance
treatments. The exterior surface of all buildings and structures must be
constructed of one of, or a combination of, the following building materials.
a) Brick or face brick including textured, burnished and colored block;
b) Specially designed precast concrete units if the surfaces have been integrally
treated with an applied decorative material or texture (excluding raw concrete
block painted or unpainted or ceramic faced);
C) Wood;
d) Natural or cut stone;
e) Glass or any combination thereof;
f) Stucco;
g) Pre -finished architectural metal panels when utilized for accent and/or
architectural components of buildings such as the entry or entry appendage, a
required enclosure or screen or architectural roofing as an intended designed
accent (not to exceed 15% of the exposed wall area on any two visible sides of the
building).
h) Any other materials approved by the City Council after a review and
recommendation by the Planning Commission, including but not limited to
durable decorative synthetic material or concrete composite material found to be
comparable or superior which mimic the appearance of other approved materials.
i) Roof Materials. All roofs which are exposed to a view or are an integral part of a
Building's aesthetics will be constructed only of commercial grade asphalt
502.50-4
ORDINANCE 502 — ZONING ORDINANCE
shingles, wood shingles, standing seam metal, slate, tile or copper. The City
Council may consider green roof options that reduce stormwater runoff and
improve water quality.
Subd. 8: Other Requirements.
a) Before the issuance of a building permit, all buildings constructed in the Central
Business District must have a landscape plan approved by the Planning
Commission.
b) Before the issuance of a building permit all buildings constructed, or undergoing
exterior renovation or remodeling in the Central Business District must have the
exterior finish design and materials approved by the Planning Commission.
C) Where a use exists pursuant to a conditional use permit in conjunction with a
permitted use, the required parking shall be computed for the permitted use and
conditional use separately with adequate parking required to satisfy both uses.
d) No outdoor storage shall be allowed.
e) Single tenant retail buildings shall not exceed 10,000 square feet.
Subd. 9: Site Coverage. No structure or combination of structures shall occupy more
than 90 percent of the lot area.
Subd. 10: Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
Subd. 11: Interim Use Permit for Rental Units.
a) Residential units in areas that have been rezoned to commercial from residential
shall be allowed an interim use permit as a rental unit for a specific period of
time. The maximum density for rental units under the interim use permit shall be
limited to the density which is allowed in the R-1, Single Family Residential
District.
b) The interim use as a rental unit shall be obtained through the interim use
procedures set forth in this Ordinance.
C) In requesting such an interim rental use, the landowner agrees to any conditions
that the governing body deems appropriate for permission of the use and agrees
that the use will terminate at the designated date for termination of the interim
use.
d) Public hearings shall be held as set forth in this Ordinance.
502.50-5
ORDINANCE 502 — ZONING ORDINANCE
Section 502.54: B-2 HIGHWAY 75 BUSINESS DISTRICT
Subd. 1: Intent. The Highway 75 Business District is intended to control the use and
development of land and improvements by creating a mixed land use district near and adjacent to
the County State Aid Highway 75 corridor in the City of St. Joseph. This shall be done by
allowing for a mixture of land uses and by establishing stringent standards for development. This
section shall be administered in a manner which will encourage and promote high-value
development in a manner similar to a planned unit development, taking full advantage of the
City's highway location. It is also the purpose of the Highway 75 Business District that a
pleasant, attractive, and aesthetically pleasing environment be developed.
Subd. 2: Permitted Uses. The following uses are permitted:
a) Business Services
1. Banks
2. Office space
b) Food Services.
1. Grocery stores
C)
2. Supermarkets
3. Restaurants, except drive-thru restaurants
4. Delicatessen
5. Bakery goods, sales and baking of goods on premises.
Personal Services.
1. Multiple Retail
2. Drug stores
3. Hardware stores
4. Book stores
5. Discount (`Big Box') retail stores
502.54-1
ORDINANCE 502 — ZONING ORDINANCE
6. Retail apparel stores
7. Flower shops
8. Beauty shops and salons
9. Photography shops and studios
10. Funeral homes
d) Medical Services.
1. Medical clinics
2. Dental clinics
3. Veterinary clinics
4. Other institutions providing health care.
e) Movie and Performing Arts Theaters.
f) Other use determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the Highway 75 Business District and subject to all the requirements in this
Section:
a) Commercial or business building for a use accessory to the principal use, not to
exceed 30% percent of the size of principal structure.
b) Signs as regulated in this Ordinance.
C) Temporary buildings for construction purposes for a period not to exceed
construction.
d) Off-street loading and parking areas, subject to applicable section(s) of this
Ordinance.
e) Fences, landscaping.
Subd. 4: Conditional Uses. The following uses shall require a Conditional Use Permit of
as provided for in this Ordinance:
a) Animal/Pet Boarding, Training, Grooming and Spa provided that the following is
met:
502.54-2
ORDINANCE 502 — ZONING ORDINANCE
The establishment provides services for domestic animals only, meaning
house pets such as dogs and cats.
2. Buildings must be sound controlled to protect other tenants within the
structure and neighboring structures and property.
3. Outdoor animal runs/exercise areas shall be located in the rear yard, be
fully enclosed with a six foot solid fence. Chain link and sheet metal
fencing is prohibited. The run/exercise area shall be maintained in a dust
free, erosion control manner.
4. Outdoor animal runs/exercise areas shall be located no closer than fifty
(50) feet to a residential use or district.
5. Dogs shall be supervised at all times while in the animal run/exercise area
and any barking dogs shall be immediately taken into the building.
6. Outdoor animal runs/exercise areas shall only be used during the hours of
7 am and 9 pm.
7. The use is subject to the noise ordinance.
No exterior kennels will be permitted.
9. There shall be no breeding and/or sales of animals.
Amended 6/2018
b) Auto malls and/or automobile service and gas stations, provided that:
Motor fuel facilities are installed in accordance with state and city
standards.
2. Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are
to be positioned to allow adequate access by motor fuel transports and
unloading operations minimize conflict with circulation, access and other
activities on the site.
3. Wherever fuel pumps are to be installed, pump islands shall be installed.
4. A protective canopy located over the pump island(s) may be an accessory
structure on the property; however, adequate visibility both on and off
site shall be maintained.
502.54-3
D
ORDINANCE 502 — ZONING ORDINANCE
5. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
Office warehousing.
Lawn and garden temporary sales area.
Lumber yards and home improvement retail centers.
New or used auto dealerships.
Stone building material sales and service.
Recreational vehicle sales and services.
Transportation terminals, public utility and transfer stations, without storage
yards.
Equipment Services.
1. Radio and television shops
2. Appliance repair shops
3. Appliance show rooms
k) Recreational Services.
1. Theaters
2. Bowling establishments
3. Clubs and lodges
1) Hotels
m) Motels
n) Drive-through and convenience food establishments, provided that an internal site
pedestrian circulation system shall be defined and appropriate provisions made to
protect such areas from encroachments by parked cars or moving vehicles.
o) Commercial car washes (drive through, self-service and mechanical) provided
that stacking space is constructed, subject to approval by the City Engineer, to
accommodate that number of vehicles which can be washed during a maximum
thirty (30) minute period.
502.54-4
ORDINANCE 502 — ZONING ORDINANCE
P) Convenience Store with gasoline, provided that:
The sale of food items is in compliance with state and county standards
and subject to the approval of a Health Inspector who shall provide
specific written sanitary requirements for each proposed sale location.
2. The approximate area and location devoted to non -automotive
merchandise sales shall be specified in general terms in the application.
3. Motor fuel facilities are installed in accordance with state standards.
Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are to
be positioned to allow adequate access by motor fuel transports and
unloading operations minimize conflict with circulation, access and other
activities on the site.
4. Wherever fuel pumps are to be installed, pump islands shall be installed.
5. A protective canopy located over the pump island(s) may be an accessory
structure on the property however adequate visibility both on and off site
shall be maintained.
6. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
q) Postal Stations
r) Uses determined to be of a similar nature as those permitted under Subd. 2, upon
a finding that the uses will not be detrimental to the health, safety and welfare of
the City, and that the use is consistent with the stated intent of the zone as
contained in Subd. 1.
Subd. 5: Conditions Applicable to All Conditional Use Permits. The following
conditions are applicable to all uses under a conditional use permit:
a) When abutting a residential use in a residential use district, the property is
adequately screened and landscaped.
b) Parking areas shall be screened from the view of abutting residential districts.
C) Vehicular access points shall be limited, shall create minimal conflict with
through traffic movements, shall comply with all appropriate Chapters of this
Ordinance as may be amended and shall be subject to the approval of the City
Engineer.
502.54-5
ORDINANCE 502 — ZONING ORDINANCE
d) Provisions are made to control and reduce noise in accordance with MPCA
standards.
e) The entire site other than that taken up by a building, structure or plantings shall
be surfaced so as to control dust subject to the approval of the City Engineer.
f) The entire area shall have a drainage system subject to the approval of the City
Engineer.
g) The architectural appearance and functional plan of the building and site shall not
be so dissimilar to the existing buildings or area so as to cause impairment in
property values or constitute a blighting influence within a reasonable distance of
the lot.
h) All outdoor storage shall be completely screened from view.
Subd. 6: Interim Uses: The following uses shall require an Interim Use Permit as
provided for in this Ordinance:
a) Farmers Market/Outdoor Market — a publicly or privately operated, open-air
establishment where agricultural or new or used projects are sold.
A site plan shall be provided illustrating that the location of the
temporary/seasonal market meets all required parking lot setbacks and all
other setbacks. The site plan shall be a scaled and dimensioned site plan
showing the layout of the entire market area including parking spaces for
the use, traffic patterns and stall areas.
2. Any temporary structure placed on the property for such sales must be
removed at the end of the selling season or sale. The size of a temporary
building shall not exceed 120 square feet per vendor.
3. The Interim Use Permit shall be obtained through the interim use
procedures set forth in this Ordinance.
b) Rental Units.
Residential units in areas that have been rezoned to commercial from
residential may be eligible for an Interim Use Permit as a rental unit for a
specific period of time. The maximum density for rental units under the
Interim Use Permit shall be limited to the density which is allowed in the
R-1 Single Family Residential District.
2. The Interim Use as a rental shall be obtained through the interim use
procedures set forth in this Ordinance.
502.54-6
ORDINANCE 502 — ZONING ORDINANCE
3. In requesting such an interim rental use, the landowner agrees to any
conditions that the governing body deems appropriate for permission of
the use and agrees that the use will terminate at the designated date for
termination of the interim use.
4. Public hearings shall be held as set forth in this Ordinance.
Subd. 7: Setback Requirements.
a) Lot Size. Minimum lot size is 10,000 square feet with a minimum width of 100
feet, except lots platted prior to 1950.
b) Property adjacent to County State Aid Highway 75. Shall have a ten (10) foot
landscaped setback from the highway right-of-way line. Any structure shall have
a twenty (20) foot setback from the highway right-of-way.
C) Front yard. Setback shall be twenty (20) feet from the lot line.
d) Side. Setback shall be ten (10) feet from the lot line. If the property's side
yard is adjacent to County State Aid Highway 75, the setback shall conform to
Subd. 7(b) of this Section.
e) Rear yard. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a
residential district.
f) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 8: Height Requirements.
a) Any portion of a structure shall not exceed 3 stories or 40 feet in height. Berming
the building does not allow a building to be constructed higher than 40 feet.
Elevation for the building shall be determined by the average grade of the land.
Subd. 9: Site Coverage. No structure or combination of structures shall occupy more
than 60 percent of the lot area. Maximum impervious surface coverage of all buildings, parking
areas, sidewalks and all other areas covered with impervious material shall not exceed seventy-
five (75) percent.
Subd. 10: Other Requirements.
a) Parking, Lots. All parking lots shall conform to the standards set forth in this
Ordinance. All lots shall include parking controls and other landscaping
techniques to improve their aesthetic quality and to direct the flow of traffic.
b) Loading. All loading docks shall conform to the standards set forth in this
Ordinance. No loading docks or overhead doors shall directly face County State
502.54-7
ORDINANCE 502 — ZONING ORDINANCE
Aid Highway 75.
C) Building Exteriors. All construction of new facilities, excluding additions to
existing facility constructed before this provision was adopted and the addition is
less than 50% of the square feet of the original building, shall consist of pre -cast
or cast tip up concrete walls, concrete block (painted or decorative), post
frame/steel frame with a concrete block or poured concrete complete perimeter
foundation with frost footings extending a minimum of eight inches (8") above
the final grade, and stick built construction.
Pre -finished architectural metal panels, with a minimum twenty (20) year
manufacturer color -fast warranty, may be used as a construction material. The
exterior building finish of thirty (30%) percent of all four sides of the structure,
exclusive of windows and doors, shall consist of materials comparable to: face
brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum lapsiding; cut
block; and, concrete block (the surface must be treated with an applied decorative
texture or material). Pre -cast or cast in place concrete buildings shall provide as
much adornment as is possible considering their exterior finish limitations.
Accessory Buildings located in the rear yard or behind the principal structure, and
not visible from the public right-of-way must have an exterior harmonious with
the principal structure, all other accessory buildings must meet the 30%
adornment requirement stated above.
d) Roof Materials. Commercial grade asphalt shingles, wood shingles, standing seam
pre -finished architectural metal, slate, tile or copper. Flat roofs are exempt from
this requirement. The City Council may consider green roof options that reduce
stormwater runoff and improve water quality.
e) Screening. All mechanical, heating, ventilation and air conditioning equipment,
and refuse storage areas shall be screened.
f) Lighting. All lighting shall be hooded and no light may directly strike County
State Aid Highway 75 or areas outside of the development.
g) Stops and Curbs. Concrete curb to B-612 specifications shall be used for all
automobile stops and for all drive and parking areas.
h) Landscaping. In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
i) Spoil/Construction piles. Properties annexed to the City of St. Joseph that were
governed by the 1997 Orderly Annexation Agreement where the main use of the
property is for business related to or reliant upon storage/use of construction
material shall be allowed to continue to store material on site provided the
material is stored in the rear yard.
Amended 9/2018
502.54-8
ORDINANCE 502 – ZONING ORDINANCE
Section 502.58: B-3 GENERAL BUSINESS DISTRICT
Subd. 1: Intent. The General Business District provides space for specialized business
and commercial activities at locations where they are easily accessible to residential areas and, at
the same time, minimizing negative impacts to residential neighborhoods. The intent of the B-3
district is to create attractive commercial and business activities through standards including, but
not limited to, larger lot sizes, greenspace and landscaping requirements.
Subd. 2: Permitted Uses. The following uses shall be permitted within the General
Business District:
a) Appliance stores.
b) Apparel shops.
c) Barber and beauty salons.
d) Bicycle sales and repairs.
e) Business/professional offices.
f) Financial institutions, including insurance companies.
g) Florist.
h) Fruit, vegetable and meat stores.
i) Government buildings.
j) Grocery and drug stores.
k) Hardware stores.
l) Interior design services, including floor and wall covering stores.
m) Retail malls.
n) Medical, optical and dental clinics.
o) Office parks.
p) Parks and Open Spaces.
502.58-1
ORDINANCE 502 – ZONING ORDINANCE
q) Photograph sales and repair.
r) Record and video stores.
s) Restaurants, coffee shops, excluding drive-in service.
t) Sporting goods stores.
u) Other use determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Subd. 3: Conditional Uses. The following uses shall require a Conditional Use Permit as
provided for in this Ordinance.
a) Transportation terminals, public utility and transfer stations, without storage
yards.
b) Equipment Services.
1. Radio and television shops
2. Appliance repair shops
3. Appliance show rooms
c) Recreational Services.
1. Theaters
2. Bowling establishments
3. Clubs and lodges
d) Hotels/Motels
e) Drive-through and convenience food establishments, provided that an internal site
pedestrian circulation system shall be defined and appropriate provisions made to
protect such areas from encroachments by parked cars or moving vehicles.
f) Commercial car washes (drive through, self-service and mechanical) provided
that stacking space is constructed, subject to approval by the City Engineer, to
accommodate that number of vehicles which can be washed during a maximum
thirty (30) minute period.
502.58-2
ORDINANCE 502 – ZONING ORDINANCE
g) Convenience Store with fuel services, provided that:
1. The sale of food items is in compliance with state and county standards
and subject to the approval of a Health Inspector who shall provide
specific written sanitary requirements for each proposed sale location.
2. The approximate area and location devoted to non-automotive
merchandise sales shall be specified in general terms in the application.
3. Motor fuel facilities are installed in accordance with state standards.
4. Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are to
be positioned to allow adequate access by motor fuel transports and
unloading operations minimize conflict with circulation, access and other
activities on the site.
5. Wherever fuel pumps are to be installed, pump islands shall be installed.
6. A protective canopy located over the pump island(s) may be an accessory
structure on the property however adequate visibility both on and off site
shall be maintained.
7. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
h) Uses determined to be of a similar nature as those permitted under Subd. 2, upon
a finding that the uses will not be detrimental to the health, safety and welfare of
the City, and that the use is consistent with the stated intent of the zone as
contained in Subd. 1.
Subd. 4: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the General Business District.
a) Commercial or business buildings for a use accessory to the principal use, not to
exceed thirty percent (30%) of the square footage of the principal structure.
b) Temporary buildings for construction purposes for a period not to exceed
construction.
c) Off-street loading and parking areas.
d) Signs which meet the criteria of this Ordinance.
502.58-3
ORDINANCE 502 – ZONING ORDINANCE
Subd. 5: Lot Size. Minimum lot size is 10,000 square feet with a minimum width of 100
feet.
Subd. 6: Setbacks.
a) Property adjacent to County State Aid Highway 75. Shall have a ten (10) foot
landscaped setback from the highway right-of-way line. All structures shall have
a twenty (20) foot setback from the highway right-of-way.
b) Front yard. Setback shall be twenty (20) feet from the lot line.
c) Side yard. Setback shall be ten (10) feet from the lot line. If the property’s side
yard is adjacent to County State Aid Highway 75, the setback shall conform to
Subd. 6(a) of this Section.
d) Rear yard. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a
residential district.
e) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 7: Height Requirements. No portion of any structure shall exceed 3 stories or 40
feet in height. Berming the building does not allow a building to be constructed higher than 40
feet. Elevation for the building shall be determined by the average grade of the land.
Subd. 8: Site Coverage. No structure or combination of structures shall occupy more
than 60 percent of the lot area.
Subd. 9: Other Requirements.
a) Parking Lots. All parking lots shall conform to the standards set forth in this
Ordinance. All lots shall include parking controls and other landscaping
techniques to improve their aesthetic quality and to direct the flow of traffic.
b) Loading Docks. All loading docks shall conform to the standards set forth in this
Ordinance. No loading docks or overhead doors shall directly face County State
Aid Highway 75.
c) Building Exteriors. All construction of new facilities shall consist of pre-cast or
cast tip up concrete walls, concrete block (painted or decorative), post frame/steel
frame with a concrete block or poured concrete complete perimeter foundation
with frost footings extending a minimum of eight inches (8”) above the final
grade, and stick built construction. Pre-finished architectural metal panels, with a
minimum twenty (20) year manufacturer color-fast warranty, may be used as a
construction material. The exterior building finish of fifty (50%) percent of all
four sides of the structure, exclusive of windows and doors, shall consist of
materials comparable to: face brick; natural stone or cultured rock; glass; vinyl;
502.58-4
ORDINANCE 502 – ZONING ORDINANCE
stucco, aluminum lapsiding; cut block; and, concrete block (the surface must be
treated with an applied decorative texture or material). Pre-cast or cast in place
concrete buildings shall provide as much adornment as is possible considering
their exterior finish limitations. Any buildings undergoing renovation, repair or an
addition, so as to require the issuance of a building permit, shall be brought into
conformance with this subsection at the time the repairs, renovations or additions
are completed. This does not include re-shingling or re-roofing.
d) Roof Materials. Commercial grade asphalt shingles, wood shingles, standing seam
pre-finished architectural metal, slate, tile or copper. Flat roofs are exempt from
this requirement. The City Council may consider green roof options that reduce
stormwater runoff and improve water quality.
e) Screening. All heating, ventilation and air conditioning equipment, and refuse
storage areas shall be screened and in a suitable location as determined by the
Planning Commission.
f) Lighting. All lighting shall be hooded and no light may directly strike any
streets/highways or areas outside of the development.
g) Stops and Curbs. Concrete curb to B-612 specifications shall be used for all
automobile stops and for all drive and parking areas.
h) Landscaping. In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
Subd. 10: Interim Use Permit for Rental Units.
a) Residential units in areas that have been rezoned to commercial from residential
shall be allowed an interim use permit as a rental unit for a specific period of
time. The maximum density for rental units under the interim use permit shall be
limited to the density which is allowed in the R-1, Single Family Residential
District.
b) The interim use as a rental unit shall be obtained through the interim use
procedures set forth in this Ordinance.
c) In requesting such an interim rental use, the landowner agrees to any conditions
that the governing body deems appropriate for permission of the use and agrees
that the use will terminate at the designated date for termination of the interim
use.
d) Public hearings shall be held as set forth in this Ordinance.
502.58-5
ORDINANCE 502 — ZONING ORDINANCE
Section 502.62: LI -LIGHT INDUSTRIAL DISTRICT
Subd. 1: Intent. The Light Industrial District provides space for industrial activities
involving a minimum degree of refuse byproducts and air or noise pollution, and requiring a
relatively low level of on -premise processing. These activities may include secondary
commercial functions which are conducted on site.
Subd. 2: Permitted Uses. The following use shall be permitted within the LI -Light
Industrial District:
a) Assembly plants and manufacturing enterprises of a wide variety of products that
do not cause noxious odors or noise, including excessive users of water and
sewer. Examples of such uses include: fabrication or assembly of small products
such as opticals, electronics, pharmaceuticals, medical supplies and small
equipment.
b) Publishing establishments.
C) Clothing or apparel manufacturing or assembly.
d) Business incubator facilities.
e) Bottling establishments.
f) Dry cleaning and drying establishments.
g) Manufacturing/assembly of crates, boxes, baskets, furniture, veneer,
cabinets and similar word items.
h) Building materials sales and storage/ lumberyards.
i) Manufacturing of plastic, fiberglass and metal products.
J) Mini -storage.
k) Major automotive repair.
1) Offices/showroom/retail space as a portion of the principal industrial use provided
they do not exceed a combined 25 percent of the total square footage of the
principal use.
m) Appliance assembly and warehousing.
502.62-1
ORDINANCE 502 — ZONING ORDINANCE
n) Industrial research laboratories.
o) Manufacturing of small electrical parts and service.
p) Newspaper and printing plants.
q) Telecommunication facilities, base stations.
r) Telemarketing and mail order establishments.
S) Warehousing, of non -explosive material and equipment within the structure.
t) Wholesale or distributor storage and distribution of non -hazardous materials.
u) Wholesale water conditioning systems.
v) Breweries, Microbreweries, Distilleries.
w) Uses determined to be of a similar nature as those contained in this section upon a
finding that the uses will not be detrimental to the health, safety and welfare of the
City, and that the use is consistent with the stated intent of the zone as contained
in Subd. 1.
Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the Light Industrial District and subject to the all the requirements in this
Section:
a) Restaurant, lunch counters, confectioneries to serve the employees employed
within the District.
b) Residential structures and related residential uses necessary for security and safety
reasons in relation to the principal use.
C) Off-street parking and off-street loading.
d) Outdoor storage as regulated in this Ordinance.
e) Office accessory to the principal use.
f) Signs as regulated in this Ordinance
g) Temporary buildings for construction purposes for a period not to exceed a period
of 12 months.
Subd. 4: Conditional Uses. The following uses shall require a Conditional Use Permit as
provided for in this Ordinance.
502.62-2
ORDINANCE 502 — ZONING ORDINANCE
a) Adult Entertainment as regulated in this Ordinance.
b) Commercial activities relating to production systems, structural maintenance
programs or the construction industry.
C) Service structures, public or private, designed and used to serve the uses in the
surrounding area, such as electric power substation, telephone buildings, deep
wells, elevated tanks and similar structures and uses.
d) Biotechnology and health science research, development, manufacturing, and/or
production facilities including but not limited to devices, products, components,
and services whether organic or inorganic in nature.
e) Commercial/Industrial Planned Unit Development.
f) When property within a Light Industrial District abuts County State Aid Highway
75:
Motels
2. Gasoline service stations
3. Restaurant or supper clubs
4. Drive-in establishments, provided that an internal site pedestrian
circulation system shall be defined and appropriate provisions made to
protect such areas from encroachments by parked cars or moving vehicles.
5. Open sales or temporary rental lots
g) Indoor Firing Range provided that:
The firing range shall not be located on any lot adjacent to an existing
Residential, Educational/Ecclesiastical or Public District unless the facility
is separated by a public right-of-way.
2. The firing Range shall not be located within one thousand (1,000) lineal
feet, measured from building to building, of an existing firing range or
establishment licensed to dispense intoxicating or non -intoxicating liquor,
nor shall they be in a building that dispenses liquor.
3. The building and method of operation shall conform with the applicable
Minnesota Pollution Control Agency, Environmental Protection Agency,
and OSHA standards for indoor ventilation, emission into the atmosphere,
indoor sound levels, lead containment and outside noise standards.
502.62-3
ORDINANCE 502 — ZONING ORDINANCE
4. The design and construction of the firing range shall completely confine
all ammunition rounds within the building and in a controlled manner.
The design and construction of the firing range shall be certified by a
registered engineer in the State of Minnesota. The certified plans shall
include the specifications and construction of the bullet trap (s), ceilings,
exterior and interior walls and floors. The certified plans shall state what
type and caliber of ammunition the range is designed to totally confine.
5. No ammunition shall be used in the range that exceeds the certified design
and construction specifications of the firing range.
6. Firearms shall not be stored on the premises when the range is closed for
Business, unless they are stored in a secured vault.
7. On-site supervision shall be supplied at all times by an adult with
credentials as a range operator. The range operator shall be responsible
for the conduct of their place of business and the conditions of safety and
order in the place of business and on the premises.
8. On site instruction shall be given only by Certified Firearms Instructors.
Current certificates for firearms instructors shall be on display in a
conspicuous location in the premises and available for public inspection at
all times.
9. The transport of firearms on the premises, to the premises and from the
premises shall conform to State Law.
10. Minors shall not be allowed in the range unless accompanied by an adult
at all times. This provision shall not be interpreted to prohibit minors
from participating in a firearm safety class or using the facility provided
they are supervised by an adult instructor.
Subd. 5: Interim Uses. The following shall require an Interim Use Permit as provided for
in this Ordinance.
a) Asphalt or concrete plants/mixing facility provided the processing of mined materials
shall not be conducted closer than five hundred (500) feet to any residential
dwelling/use.
Subd. 6: Lot Area Requirements.
a) Minimum Lot Size: One (1) acre (43,560 square feet). Minimum lot width one
hundred (100) feet.
502.62-4
ORDINANCE 502 — ZONING ORDINANCE
b) Impervious surfaces shall not exceed 80% of the lot area. Impervious surfaces
shall include all structures, parking areas, driveways, sidewalks and all other areas
covered with impervious material.
Subd. 7: Setback Requirements. No part of the structure including footings, soffits,
gutters or other overhangs shall encroach on easement areas.
Front Yard Setbacks.
a) Front yard setback shall be thirty (30) feet from the lot line. On corner lots, the
setback from all lot lines abutting a street shall be thirty (30) feet. When an
industrial district lot is separated from a residential zone by a city street, the
setback from the lot line shall be one hundred (100) feet.
b) Front yards abutting any roadway: the setback shall be landscaped as in
accordance to the requirements of any applicable protective covenants and such
reasonable requirements as established by the City, and shall not be used for
parking.
Side Yard Setbacks.
a) Side yard setback shall be at least twenty-five (25) feet from the lot line.
Development occurring on lots platted prior to January 1, 1999 shall be subject to
the ten foot side yard setback requirement in effect at the time of platting.
b) A Light Industrial District side yard adjacent to a residential boundary line shall
provide for a landscaped strip of at least sixty (60) feet in width along the lot
boundary line. The landscaped strip shall be planted with an evergreen hedge to
provide a screen. The governing body may require additional side yard setback in
these cases. When such additional width is required, such additional width shall
not exceed one hundred (100) feet.
C) Side yard boarding upon any roadway: the setback shall be landscaped in
accordance with any applicable protective covenants and such reasonable
requirements as established by the City.
Rear Yard Setback.
a) Rear yard setback shall be at least twenty (20) feet, which may be used for
parking.
b) A Light Industrial District rear yard adjacent to a residential boundary shall
provide a landscaped strip of at least sixty (60) feet in width along the lot
boundary line. The landscaped strip shall be planted with an evergreen hedge to
provide a screen. The governing body may require additional side yard setback in
these cases. When such additional width is required, such additional width shall
not exceed one hundred (100) feet.
502.62-5
ORDINANCE 502 — ZONING ORDINANCE
Subd. 8: Height Requirements.
a) No building constructed in any Light Industrial District shall be more than fifty-
five (55) feet in height. Berming the building does not allow a building to be
constructed higher than 55 feet. Elevation for the building shall be determined by
the average grade of the land.
Subd. 9: Site Coverage. No structure or combination of structures shall occupy more
than 50 percent of the lot area.
Subd. 10: Other Requirements.
a) Parking, Lots. All parking lots shall conform to the standards set forth in this
Ordinance. All lots shall include parking controls and other landscaping
techniques to improve their aesthetic quality and to direct the flow of traffic.
b) Loading. All loading docks shall conform to the standards set forth in this
Ordinance. No loading docks or overhead doors shall directly face County State
Aid Highway 75.
C) Building Exteriors. All construction of new facilities, excluding additions that are
less than 30% of the existing structure, shall consist of pre -cast or cast tip up
concrete walls, concrete block (painted or decorative), and stick built construction
and shall include footings that meet the requirement of the MN State Building
Code, in relation to frost protection.
Pre -finished architectural metal panels, with a minimum twenty (20) year
manufacturer color -fast warranty, may be used as a construction material. A
minimum of twenty-five (25%) of the exterior building finish directly facing
streets, exclusive of windows and doors, shall consist of materials comparable to:
face brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum
lapsiding; cut block; and, concrete block (the surface must be treated with an
applied decorative texture or material). Pre -cast or cast in place concrete
buildings shall provide the same amount of adornment.
Accessory Building located in the rear yard or behind the principal structure, and
not visible from the public right-of-way must have an exterior harmonious with
the principal structure, all other accessory buildings must meet the 30%
adornment requirement stated above.
d) Roof Materials. Commercial grade asphalt shingles, wood shingles, standing seam
pre -finished architectural metal, slate, tile or copper. Flat roofs are exempt from
this requirement. The City Council may consider green roof options that reduce
stormwater runoff and improve water quality.
e) Every applicant shall be required to submit for approval a landscape plan
502.62-6
ORDINANCE 502 — ZONING ORDINANCE
providing for the planting of trees and other vegetation.
f) Any use creating periodic earthshaking vibration shall be prohibited if undue
vibrations are perceptible beyond boundaries of the property on which the use is
located. This standard shall not apply to vibrations created during the process of
construction.
g) Any use requiring the storage, utilization or manufacture of products which could
decompose by detonation shall be located not less than 400 feet from any
residence. This section shall not apply to the storage or usage of liquid petroleum,
natural gas for normal residential or business use providing other performance
standards are met.
h) All activities that emit radioactivity shall comply with the minimum requirements
of the Federal regulatory body.
i) All uses associated with bulk storage of oil, gasoline, liquid fertilizer, chemicals,
similar liquids and hazardous substances shall comply with the requirements of
the Minnesota State Fire Marshal, the Minnesota Department of Agriculture and
other hazardous substance legislation by the Federal government. The user of
such material shall have documents from the above offices that the use is in
compliance. All existing above ground liquid storage tanks with a capacity of
2,000 gallons or more, shall comply with the requirements of the Minnesota State
Fire Marshal's office within 12 months following enactment of this Ordinance.
j) Screening. All mechanical, heating, ventilation and air conditioning equipment,
and refuse storage areas shall be screened and in a suitable location.
k) Lighting. . All lighting shall be hooded and no light may directly strike any
street/highway or areas outside of the development.
1) Landscapes. In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
m) Spoil/Construction piles. Properties annexed to the City of St. Joseph that were
governed by the 1997 Orderly Annexation Agreement where the main use of the
property is for business related to or reliant upon storage/use of construction
material shall be allowed to continue to store material on site provided the
material is stored in the rear yard.
Amended 9/2018
502.62-7
ORDINANCE 502 – ZONING ORDINANCE
Section 502.66: EE - EDUCATIONAL - ECCLESIASTICAL DISTRICT
Subd. 1: Intent. It is the intent of this district to provide for an area occupied by public
and private educational and ecclesiastical institutions. The institutions of the Sisters of the Order
of Saint Benedict and the College of Saint Benedict predate the adoption of this Ordinance. The
City recognizes the historic significance and cultural, religious and educational function of these
institutions. However, this section is meant to prohibit the use of land by these and other
educational facilities which would be incompatible with or detrimental to the essential character
of land adjoining the Educational - Ecclesiastical District.
Subd. 2: Permitted Uses.
a) Convents
b) Novitiates
c) Colleges and Universities
d) College Preparatory Schools
e) Churches and Similar Uses
f) College Owned Student Housing
g) Grade Schools
h) High Schools
i) Vocational Schools
Subd. 3: Conditional Uses. The following uses shall require a conditional use permit as
provided for in this Ordinance:
a) Streets and alleys which provide a means of ingress and egress to or from the
institution.
Subd. 4: Permitted Accessory Uses. Accessory uses reasonably incidental to the
function and purpose of permitted uses including, but not limited to:
a) An independent power plant facility.
b) Storage buildings for storage of equipment used in the maintenance of the
property, not to exceed 30% of the gross square footage of the principal structure.
502.66-1
ORDINANCE 502 – ZONING ORDINANCE
c) Swimming pools, tennis courts and other recreational facilities. All swimming
pools must be fenced around the perimeter. The fence must meet the
requirements of this Ordinance.
Subd. 5: Building Permit Required. Construction of facilities must be by a building
permit issued by the building inspector to insure building code compliance, and all building
permit applications must be reviewed and approved by the Fire Chief or Fire Marshal and the
Planning Commission. A building permit must be issued by the building inspector and building
plans approved by the Fire Chief or Fire Marshal and the Planning Commission for remodeling
of existing facilities for a same or similar use.
Subd. 6: Height Requirements. No building constructed in the Educational Ecclesiastical
District shall be more than 3 stories or 40 feet in height. Berming the building does not allow a
building to be constructed higher than 40 feet. Elevation for the building shall be determined by
the average grade of the land. Steeples and similar unoccupied design features shall conform to
the standards set forth in this Ordinance.
Subd. 7: Setback Requirements.
a) The front yard of any building shall be 35 feet from the lot line.
b) The side yard of any building shall be 20 feet from the lot line, unless the side
yard abuts a street or highway in which case the setback shall not be less than 30
feet.
c) The rear yard of any building shall be 20 feet from the lot line.
Subd. 8: Site Coverage. No structure or combination of structures shall occupy more
than 50 percent of the lot area.
Subd. 9: Other Requirements:
a) Screening: All heating, ventilation and air conditioning equipment, and refuse
storage areas shall be screened and in a suitable location as determined by the
Planning Commission.
b) Lighting: All lighting not under the authority of a governmental unit shall be
hooded and no light may directly strike any public right of way.
c) Landscaping: In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
d) Parking:
i. All parking lots shall conform to the standards set forth in this Ordinance.
All lots shall include parking controls and other landscaping techniques to
improve their aesthetic quality and to direct the flow of traffic.
502.66-2
ORDINANCE 502 – ZONING ORDINANCE
ii. The amount of required off-street parking space for new uses or buildings,
additions thereto and additions to existing buildings shall be determined in
accordance with the parking standards set forth in section 502.10 of the St.
Joseph Code of Ordinances. The parking requirements can be adjusted if
a parking study is completed illustrating the anticipated demand for
parking and loading space, the length of visits generated by the particular
business, and the availability of other parking spaces are provided.
502.66-3
ORDINANCE 502 – ZONING ORDINANCE
Section 502.70: PUBLIC DISTRICT
Subd. 1: Intent. It is the intent of this district to provide ordinances governing the use
and development of property owned by the City, the County, the State of Minnesota, or any other
political subdivision. This section is intended to allow the use of such property for any public
purpose while minimizing the impact of any such public use which is incompatible with or
detrimental to the essential character of land adjoining the Public District.
Subd. 2: Permitted Uses. The property in the Public District may be used for any public
purpose.
Subd. 3: Setback Requirements.
a) Property adjacent to County State Aid Highway 75. Shall have a ten (10) foot
landscaped setback from the highway right-of-way line. Any structure shall have
a twenty (20) foot setback from the highway right-of-way.
b) Front yard. Setback shall be twenty (20) feet from the lot line.
c) Side yard. Setback shall be ten (10) feet from the lot line. If the property’s side
yard is adjacent to County State Aid Highway 75, the setback shall conform to
Subd. 3 (a) of this Section.
d) Rear yard. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a
residential district.
Subd. 4: Height Requirements. Any portion of a structure shall not exceed 3 stories or
40 feet in height. Berming the building does not allow a building to be constructed higher than
40 feet. Elevation for the building shall be determined by the average grade of the land.
Subd. 5. Site Coverage. No roofed structure or combination of roofed structures shall
occupy more than 60 percent of the lot area. A combination of structures and nonporous
surfaces may not cover in excess of 90 percent of the lot area.
Subd. 6: Other Requirements.
a) Parking Lots. All parking lots shall conform to the standards set forth in this
Ordinance. All lots shall include parking controls and other landscaping
techniques to improve their aesthetic quality and to direct the flow of traffic.
b) Loading Docks. All loading docks shall conform to the standards set forth in this
Ordinance. No loading docks or overhead doors shall directly face County State
Aid Highway 75.
502.70-1
ORDINANCE 502 – ZONING ORDINANCE
Section 502.73: AN ORDINANCE OPTING OUT OF THE REQUIREMENTS OF MINNESOTA
STATUTES, SECTION 462.3593
Section 1. Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9,
the City of St. Joseph opts-out of the requirements of Minn. Stat. §462.3593, which defines and regulates
Temporary Family Health Care Dwellings.
Section 2. This Ordinance shall be effective immediately upon its passage and publication.
502.73-1
CHAPTER V—BUILDING, LAND USE & REGULATIONS
ORDINANCE 503 PARKING, LOCATION AND USE OF TRAILER HOUSES AND
MOBILE HOMES....................................................................................................... 503-1
Section 503.01: DEFINITIONS................................................................................... 503-1
Section 503.02: PROHIBITIONS............................................................................... 503-1
Section 503.03: LICENSING REQUIRED................................................................. 503-1
Section 503.04: SEPARABILITY .............................................................................. 503-1
Section 503.05: PENALTY........................................................................................ 503-2
503-0
CHAPTER V—BUILDING, LAND USE & REGULATIONS
ORDINANCE 503 PARKING, LOCATION AND USE OF TRAILER HOUSES AND
MOBILE HOMES
Section 503.01: DEFINITIONS.
Subd. 1: Trailer Home and/or Mobile Home. Shall mean and include any structure used
for sleeping, living, business or storage purposes, which is or has been equipped with wheels for
the transportation thereof from place to place, and the fact that the wheels have been removed
therefrom or a foundation of whatever nature,placed thereunder shall not exclude it therefrom,
excepting a device used exclusively upon a railroad track operated by a railroad company.
Subd. 2: Person. Shall include the singular and the plural, and shall mean and include
any individual, corporation, partnership, or other association of persons.
Subd. 3: Residential Area. Shall mean any area not zoned "industrial" and any area not
specifically designated as a "trailer park" or "mobile home park".
Subd. 4: Owner. A person owning a legal interest in a "trailer home" or "mobile home",
or a tenant, bailee, user or custodian thereof, or any person entitled to possession thereof.
Subd. 5: Trailer Park and/or Mobile Home Park. Shall mean a designated area specially
designed and constructed as a mobile home or a mobile trailer facility, licensed by the State of
Minnesota, and approved by the City of St. Joseph.
Section 503.02: PROHIBITIONS.
It shall be unlawful for any person to park, or to permit the parking of any trailer house or
mobile home owned by him or under his control on any street, alley, or other public place or in
any residential area, as above defined, within the City, except that the parking of only one
unoccupied trailer house in an accessory private garage building or in the rear yard of any
privately owned yard is hereby permitted provided no living quarters be maintained, or any
business practiced at said trailer while such trailer is so parked or stored.
Section 503.03: LICENSING REQUIRED.
The owners of all trailer houses or mobile homes shall be required to pay the current
Minnesota State License fee or tax each year.
Section 503.04: SEPARABILITY. Every section, provision or part of this Ordinance is
declared separable from every other section, provision or part, and if any section, provision or
part thereof shall be declared invalid, this shall not affect any other section, provision or part.
503-1
CHAPTER V—BUILDING, LAND USE & REGULATIONS
Section 503.05: PENALTY. Any person who violates or fails to comply with the
provisions of this Ordinance shall be guilty of a misdemeanor.
503-2
CHAPTER V – BUILDING, LAND USE & REGULATIONS
505-0
ORDINANCE 505 HOUSING, MAINTENANCE AND RENTAL ORDINANCE ............. 505-1
Section 505.01: PURPOSE AND SCOPE ...................................................................... 505-1
Section 505.02: APPLICABILITY AND EXCEPTIONS .............................................. 505-2
Section 505.03: DEFINITIONS...................................................................................... 505-2
Section 505.04: LICENSING OF RENTAL UNITS ...................................................... 505-6
Section 505.05: UNSAFE STRUCTURES, EQUIPMENT AND USE ......................... 505-9
Section 505.06: SPACE, OCCUPANCY AND USE STANDARDS ............................ 505-9
Section 505.07: GENERAL REQUIREMENTS .......................................................... 505-16
Section 505.08: ENFORCEMENT AND INSPECTION AUTHORITY..................... 505-19
Section 505.09: DISPLAY OF LICENSE .................................................................... 505-19
Section 505.10: INSPECTION; RIGHT OF ENTRY .................................................. 505-19
Section 505.11: APPLICABLE LAWS ........................................................................ 505-19
Section 505.12: PENALTY, VIOLATIONS AND TERMINATION OF RENTAL
LICENSE ....................................................................................................................... 505-19
CHAPTER V – BUILDING, LAND USE & REGULATIONS
505-1
ORDINANCE 505 HOUSING, MAINTENANCE AND RENTAL ORDINANCE
______________________________________________________________________________
______________________________________________________________________________
Section 505.01: PURPOSE AND SCOPE.
Subd. 1: The purpose of this ordinance is to protect the public health, safety, and the
general welfare of the people of the City. These general objectives include, among others, the
following:
a) To protect the character and stability of residential areas within the City;
b) To correct and prevent housing conditions that adversely affect or are likely to
adversely affect the life, safety, general welfare and health, including the physical,
mental and social well-being of persons occupying dwellings within St. Joseph;
c) To provide minimum standards for cooking, heating, and sanitary equipment
necessary to the health and safety of occupants of buildings;
d) To provide minimum standards for light and ventilation, necessary to health and
safety;
e) To prevent the overcrowding of dwellings by providing minimum space standards
per occupant for each dwelling unit;
f) To provide minimum standards for the maintenance of existing residential
buildings;
g) To preserve the value of land and buildings throughout the City.
h) To assure that rental housing in the City is decent, safe and sanitary, and is so
operated and maintained as not to become a nuisance to the neighborhood or to
become an influence that fosters blight and deterioration or creates a disincentive
to reinvest in the community.
i) To insure owners and/or operators of rental units are responsible to take such
reasonable steps as are necessary to assure that the citizens of the City who
occupy or live by such rental units may pursue the quiet enjoyment of the normal
activities of life in surroundings that are: safe, quiet, secure and sanitary; free
from crimes and criminal activity; and free from nuisances and annoyances.
CHAPTER V – BUILDING, LAND USE & REGULATIONS
505-2
Subd. 2 Intent. The intent of this Ordinance is to establish and continue a rental property
licensing, inspection and maintenance program that corrects substandard conditions, maintains a
standard for rental units, provides a means for imposing license fees to help the City defray the
costs necessary for housing inspections and enforcement of this Ordinance, and provides for the
quiet enjoyment of the normal activities of life for occupants of rental properties and for the
neighborhoods in which such rental properties are located.
Subd. 3. Saving Clause. With respect to rental disputes, and except as otherwise
specifically provided by the terms of this ordinance, it is not the intention of the City Council to
intrude upon the fair and accepted contractual relationship between tenant and landlord. The City
Council does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to
be receptive to complaints from tenant or landlord which is not specifically and clearly relevant
to the provisions of this ordinance. In the absence of such relevancy with regard to rental
disputes, it is intended that the contracting parties exercise such legal sanctions as are available
to them without the intervention of City government. In enacting this ordinance neither is it the
intention of the City Council to interfere or permit interference with legal rights to personal
privacy.
Section 505.02: APPLICABILITY AND EXCEPTIONS. . This Ordinance applies to all
rental units that are let, in whole or in part, and used or intended for human habitation. It includes
accessory structures such as garages and storages buildings. This Ordinance does not apply to
any residential dwelling on the campus of the College of Saint Benedict, and county, state, or
federally licensed facilities/units.
Section 505.03: DEFINITIONS. The following definitions shall apply in the
interpretation and enforcement of this ordinance:
Accessory Structure. A structure subordinate to the main or principal dwelling which is
not authorized to be used for living or sleeping by human occupants and which is located
on the premises.
Building. Any structure erected for the support, shelter, or enclosure of persons, animals,
chattels, or movable property of any kind.
Code Official. The official who is charged with the administration and enforcement of
this Ordinance, or any duly authorized representative.
Dwelling. A building, wholly or partly used or intended to be used for living, sleeping,
cooking or eating purposes by human occupants; but not including rest homes,
convalescent homes, nursing homes, hotels, motels, facilities licensed by the State of
Minnesota as institutional occupancies or dormitories. May also be called a residence or
residential building.
Dwelling Unit. A residential accommodation providing complete independent living
facilities for one family only, including sleeping, kitchen and bathroom facilities.
CHAPTER V – BUILDING, LAND USE & REGULATIONS
505-3
Egress. An arrangement of exit facilities to assure a safe means of exit from a building.
Exit. A continuous and unobstructed means of egress to a public way. Exit includes
intervening doors, corridors, ramps, stairways, and courts.
Electrical code. The national electrical code, which is part of the building code adopted
by the city.
Extermination. The control and elimination of insects, rodents, or other pests by
eliminating their harborage places; by removing or making inaccessible materials that
may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other
approved pest elimination.
Family. An individual or two (2) or more persons each related to the other by blood,
marriage, domestic partnership, adoption, legal guardianship (including foster care), or a
group of not more than three (3) persons not so related maintaining a common household
and using common cooking and kitchen facilities.
Fire code. The part of the building code adopted by the city.
Flush Water Closet. A toilet, with a bowl and trap made in one piece, which is connected
to the City water and sewer system or other approved water supply and sewer system.
Garbage. Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking, and consumption of food.
Habitable Room. Space in a structure for living, sleeping, eating or cooking. Bathrooms,
toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered
habitable spaces.
Heated Water. Water heated to a temperature of not less than 110 degrees Fahrenheit,
measured at the faucet outlet.
Immediate Family Member. An individual related to the owner as parent, grandparent,
spouse, child or grandchild, whether related by birth, adoption, marriage, civil
partnership, or cohabitation.
Infestation. The presence of insects, rodents, or other pests within or around the dwelling
on a premises.
Kitchen. A space which contains a sink with counter working space, adequate space for
installing cooking and refrigeration equipment and adequate space for the storage of
cooking utensils.
CHAPTER V – BUILDING, LAND USE & REGULATIONS
505-4
Let. To give the use of a dwelling, dwelling unit or rooming unit by an owner, agent or
manager to an occupant in return for rent.
Manager. The owner or owner’s agent who has charge, care,control or management of a
building or rental unit(s), or part thereof in which dwelling unit(s) or rooming unit(s) are
let.
Mechanical code. Part of the building code adopted by the city.
Multiple family dwelling. A dwelling or portion thereof containing three or more
dwelling units.
Nuisance. Nuisance is:
1. Any nuisance as defined by this Ordinance or other provision of this code.
2. Any nuisance as defined by state or federal law or regulation.
3. Any public nuisance known at common law or in equity jurisprudence.
4. Any attractive nuisance that may prove detrimental to children whether in a
building, on the premises of a building or on an unoccupied lot, including
but not limited to any abandoned well, shaft, basement or excavation;
abandoned refrigerators and motor vehicles; any structurally unsound fences or
structures; and any lumber, trash, debris or vegetation that may prove a hazard to
children.
5. Whatever is dangerous to human life or is detrimental to health as determined by
the building official.
6. Overcrowding a room with occupants.
7. Insufficient ventilation or illumination.
8. Inadequate or unsanitary sewage or plumbing facilities.
Occupant. Any person (including owner or manager) living, sleeping, cooking and eating
in dwelling unit or living and sleeping in a rooming unit.
Operator. The owner or his agent who has charge, care, control, or management of a
building, or part thereof, in which dwelling units or rooming units are let.
Owner. Any person, agent, operator, firm or corporation having a legal or equitable
interest in the property; or recorded in the official records of the state, county or
municipality as holding title to the property; or otherwise having control of the property,
including the guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real property by a court.
Permissible occupancy. The maximum number of persons permitted to reside in a
dwelling unit or rooming unit.
Person. An individual, firm, partnership, association, corporation or joint venture or
organization of any kind.
CHAPTER V – BUILDING, LAND USE & REGULATIONS
505-5
Plumbing. All of the following supplied facilities and equipment in a dwelling: gas
pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste
pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths,
installed clothes washing machines, catch basins, drains, vents, and any other similar
fixtures and the installation thereof, together with all connections to water, sewer and gas
lines.
Plumbing Code. Part of the building code adopted by the City.
Premises. A platted lot or part thereof or un-platted parcel of land, either occupied or
unoccupied by any dwelling or nondwelling structure, including such building, accessory
structure or other structure thereon.
Public Hall. A hall, corridor or passageway for providing egress from a dwelling unit to
a public way and not within the exclusive control of one family.
Refuse. All putrescible and nonputrescible waste solids including garbage and rubbish.
Rent. A stated return or payment for the temporary possession of a dwelling, dwelling
unit or rooming unit. The return or payment may be money, service, property or other
valuable consideration.
Rental/Owner agent. A person who is the representative of an owner of rental property. A
rental agent must live within 30 miles of the corporate limits of the city. A rental agent
may or may not be the manager of the rental property. A rental agent shall not be a tenant
of the rental property, unless that person is a manager of an apartment building. Notices
or orders served on a rental agent shall be deemed to have been served on the owner of
the property.
Rental Dwelling or Dwelling Unit. Any dwelling, dwelling unit, rooming unit, or
multiples thereof on one property and the related premises which are subject to this
Ordinance.
Rental Property. Any real property, dwelling, dwelling unit, rooming unit or rental unit
which is rented or leased by one person or entity to another person or entity for payment
of a rental charge, including but not limited to dwellings, apartments, townhouses,
condominiums, manufactured homes, rooming houses, and other similar structures,
including their accessory structures, appurtenances and common areas.
Repair. To restore to a sound and acceptable state of operation, serviceability or
appearance.
Rodent Harborage. Any places where rodents can live, nest, or seek shelter.
CHAPTER V – BUILDING, LAND USE & REGULATIONS
505-6
Rooming Unit. Any room or group of rooms forming a single habitable unit used or
intended to be used for living and sleeping, but not for cooking and eating purposes.
Rubbish. Nonputrescible solid wastes consisting of both combustible and
noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings,
wood, glass, brick, plaster, bedding, crockery and similar materials.
Safety. The condition of being reasonably free from danger and hazards which may
cause accidents or disease.
Substandard dwelling. Any dwelling which does not conform to the minimum standards
established by City Ordinances.
Supplied. Paid for, furnished by, provided by or under the control of the owner, operator,
or agent of a dwelling.
Section 505.04: LICENSING OF RENTAL UNITS.
Subd. 1. License and Registration Required. No person shall occupy, allow to be
occupied or let to another for occupancy any rental property in the City for which a written
application for a rental license and registration has not been properly made and filed with the
City and a valid rental dwelling license has not been obtained from the City. A person who
allows to be occupied, lets or offers to let to another, any rental unit, without a license as
required by this Ordinance, is guilty of a misdemeanor and subject to the penalty as provided in
Ordinance 104. The practice of pre-leasing multiple family residential (apartment building) new
rental construction shall be exempt from the provision of this subsection. In addition to, or in lieu
of, charging a misdemeanor, the City may impose an administrative penalty in an amount set in
the City of St. Joseph Schedule of Civil Fines.
a) A rental license is not required if the rental unit is only occupied by immediate
family members of the owner. A rental license is required if the rental unit is
occupied by any non-immediate family members of the owner. The City may
require sufficient written proof from the owner stipulating the relationship and
living agreements.
b) Any “Lease to Own” type arrangement is considered a rental and must be licensed
and registered as such until such time as the purchase transaction is completed.
c) These rental license and registration requirements do not apply to residential
property that has been sold on a contract for deed so as long as the vendee
occupies the property and the sale document used to memorialize the sale is
recorded with the Stearns County Recorder’s Office and a copy is provided to the
City upon request.
Subd. 2: Application. A registration and license fee for each rental dwelling shall be due
at the time of the initial and/or renewal application as determined by the City of St. Joseph Fee
CHAPTER V – BUILDING, LAND USE & REGULATIONS
505-7
Schedule. An application will not be processed or considered until the registration and license
fee is paid.
Subd. 3: Registration License Procedures. Application shall be made on form(s) provided
by the City. Applicants shall provide requested information on the application form(s) which
shall include the following, but is not limited to:
a) Name, address and phone number of the owner of the rental property, and, if
applicable, of an agent authorized by the owner to accept service of process and to
receive and give receipt for notices. The owner shall provide the City with any
contact information changes occurring within the license period.
b) Owner shall indicate their assigned agent, and provide the address and phone
number of the agent actively managing said rental property.
c) Street address of the rental property and the number of dwelling units, and the
number of bedrooms in each dwelling unit.
d) The number of paved off-street parking spaces available.
e) Name, phone number and address of the person authorized to make or order
repairs and/or services necessary to protect the health, safety, and welfare of the
occupants or is able to contact the person so authorized.
e) Maximum number of people per rental dwelling.
f) Additional information as deemed necessary by the City, including but not limited
to tenant lists which includes tenant’s name and unit.
Subd. 4: Manner of Application. Rental registration and license application for a rental
license shall be made by the owner if such owner is a natural person; if the owner is a
corporation, cooperative, or limited liability company, by an officer thereof; if a partnership, by
one of the partners; and if the owner is an unincorporated association, by the manager or
managing officer thereof.
Subd. 5. Required Updates. An applicant or licensee must notify the City in writing
within fourteen (14) calendar days after any change to the information contained in the
Application.
Subd. 6: Registration/License Term and Renewal. All rental licenses shall expire on
August 1st of each year. An owner who is operating a rental property after the license has expired
is operating an unlicensed rental property. Registration and License renewal as required by this
Ordinance shall be made by the owner or agent of the rental property completing and submitting
to the City the required application form(s) furnished by the City, along with the fee as
established in the City’s Fee Schedule. A rental renewal registration and license shall be applied
for at least 30 days prior to expiration of the license.
CHAPTER V – BUILDING, LAND USE & REGULATIONS
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Subd. 7: Denials. The City may deny the issuance or renewal of a rental license for the
following reasons:
a) The applicant has an ownership interest or management role in other rental
properties that are in a suspended or revoked status;
b) The applicant fails to provide any information required on the City’s form(s), or
provides false or misleading information;
c) The applicant has real estate taxes and/or special assessments levied against the
rental property and/or other fines, fees, charges, or other financial claims owed to
the City or the State of Minnesota that have not been paid;
d) The rental property or any rental unit fails a property inspection in the opinion of
the Code Official;
e) The applicant has outstanding building, fire, or property maintenance standards
violations, fines, penalties, or delinquent utility charges owed to the City.
f) A development contract or land use requirement that restricts rental units.
Subd. 8. Inspections. All rental property required to be licensed pursuant to the
provisions of this Ordinance, will be inspected by the Code Official as follows:
a) License Issuance. No license shall be issued under this Ordinance unless the
rental property conforms to the Ordinances of the City of St. Joseph and the laws
of the State. An inspection of the rental unit shall be conducted and verified by the
Code Official prior to issuance of the initial rental license and renewal rental
license. If the license application is incomplete, or the applicant does not meet the
requirements of the licensing process, including the inspection requirements,
within 30 days of the submittal date, the application will be canceled.
b) Access for Inspection. Every applicant for and/or holder of a rental license shall
permit the Code Official and/or his or her authorized representatives, either
voluntarily or pursuant to an administrative or other warrant, to enter upon the
premises for the purpose of conducting inspections to verify compliance with this
Ordinance. No license shall be issued or renewed under this Ordinance unless the
owner of the rental unit(s) agrees in their application to permit inspections to
determine compliance with City Code during the effective period of the rental
license. The submission of a license application, or the possession of a license
issued by the City, shall constitute the express consent of the owner to grant free
access and entry to the structure or premises under the owner’s control for
inspection pursuant to this chapter. If any owner refuses to permit or schedule free
access and entry to the structure or premises under their control for such
inspection, or refuses to be present during any such inspection when requested by
CHAPTER V – BUILDING, LAND USE & REGULATIONS
505-9
the Code Official, the application for a new or renewal rental license shall be
immediately denied or an existing license may be revoked for such refusal. If at
any other time the Code Official seeks entry to a licensed rental unit for
inspection and the Code Official is refused free access and entry, the City may
pursue any remedy at law, including, but not limited to, securing an
administrative search warrant for the property, revoking or suspending the rental
license, or seeking such other remedies provided by law.
Subd. 9: Transfers. No license under this Ordinance shall be transferable to another
person or to another rental unit. Every new owner of a rental property (whether as fee owner,
contract purchaser, lessee subletting the entire rental property or otherwise entitled to possession)
shall apply for a new rental license within fourteen (14) calendar days of transfer of the rental
property. An inspection shall be made within 14 days of the application for such new rental
license due to transfer. Violation(s), if any, shall be corrected by the owners and a re-inspection
will be made within 30 days of the initial inspection. Additional re-inspections required after the
initial re-inspection will be charged a re-inspection fee according to the City fee schedule. Any
uncorrected violations may be subject to the penalty provisions in this Ordinance.
Section 505.05: UNSAFE STRUCTURES, EQUIPMENT AND USE. When a structure,
portion of a structure, or equipment is found by the Code Official to be unsafe, or found to be
used in an unlawful way, such structure, equipment or use shall be abated by repair,
rehabilitation, demolition, or removal in accordance with the Minnesota State Building Code and
Minnesota Statutes, sections 463.15 to 463.26. The Code Official may order any building to be
vacated if any portion of the structure, or equipment or any use is dangerous to life, health, or
safety of the occupants. The Code Official shall have the authority to order disconnection of
utility services to the building, or equipment.
a) Unsafe Structure: An unsafe structure is one that if found to be dangerous to the
life, health, property or safety of the occupants or public because of inadequate
maintenance, dilapidation, physical damage, unsanitary condition or
abandonment.
b) Unsafe Equipment: Unsafe equipment includes fixtures, appliances, heating
and/or cooling equipment, ventilation equipment, electrical equipment or systems,
plumbing fixtures or systems, decorative appliances and equipment, elevators or
chair lifts, or building services which constitute a fire, electrical, or health hazard
or otherwise dangerous to human life.
c) Unsafe Use: Unsafe use is any use which constitutes a fire, health or safety hazard
to the occupants or public.
Section 505.06: SPACE, OCCUPANCY AND USE STANDARDS. Any rental unit or
portion thereof, or the premises on which the same is located, which does not comply with the
conditions referenced in this section to an extent that endangers the life, limb, health, property, safety
or welfare of the public or the occupants thereof, shall be deemed and hereby declared to be
an unsafe structure, equipment or use. Failure to comply with any of these standards and
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conditions shall be adequate grounds for the denial, refusal to renew, revocation or suspension
of a rental license.
Subd. 1. Space and Occupancy. No rental unit shall be occupied by more than the
number of persons for which the unit is approved, based on International Residential Code (IRC)
or International Building Code (IBC) requirements, which number shall be designated in
conjunction with the issuance of the rental license.
a) No person shall let to another for occupancy any dwelling unit by more than one
family as defined in this Ordinance, except in a dwelling unit in an apartment
building in the R-3 Multiple Family Residential District.
b) Minimum Ceiling Height. Habitable rooms or spaces shall have clear ceiling
height of not less than 7 feet. If any room in a building has a sloping ceiling, the
prescribed ceiling height for the room is required in only one-half the area thereof.
In calculating the floor area of such rooms, only those portions of the floor area
with a clear ceiling height of 5 feet or more shall be included.
c) Room Area. Every living room shall contain at least 120 square feet and every
bedroom or sleeping room shall contain at least 70 square feet.
d) Width. No habitable room other than a kitchen shall be less than seven (7) feet in
any dimension.
Subd. 2. Kitchen Facilities. Every dwelling unit shall have a room or portion of a room
in which food may be prepared and/or cooked and which shall have adequate circulation and
which shall be equipped with the following:
a) A kitchen sink in good working condition and properly connected to an approved
water supply system and which provides at all times an adequate amount of
heated and unheated running water under pressure, and which is connected to an
approved sewer system.
b) Cabinets and/or shelves for the storage of eating, drinking, and cooking
equipment and utensils and of food that does not require refrigeration for
safekeeping; and a counter or table for food preparation. Said cabinets and/or
shelves and counter or table shall be adequate for the permissible occupancy of
the dwelling unit and shall be of sound construction furnished with surfaces that
are easily cleanable and that will not impart any toxic or deleterious effect to
food.
c) A stove or similar device for cooking food, and a refrigerator or similar device for
the safe storage of food at temperatures less than forty-five (45) degrees
Fahrenheit but more than thirty-two (32) Fahrenheit under ordinary maximum
summer conditions,, which are properly installed with all necessary connections
for safe, sanitary, and efficient operation; provided that such stove, refrigerator, or
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similar devices need not be installed when a dwelling unit is not occupied and
when the occupant is expected to provide same on occupancy, and that sufficient
space and adequate connections for the safe and efficient installation and
operation of said stove, refrigerator or similar device must be provided. A kitchen
facility and/or cooking appliances, other than a microwave oven are not
permissible in a rooming unit.
Subd. 3. Lighting. All enclosed areas of the rental unit being used or occupied shall
be provided with natural light by means of exterior glazed openings or shall be provided
with artificial light by the buildings electrical systems.
a) Public hallways, corridors, stairways and other exit facilities shall be lighted at all
times the building is used or occupied.
Subd. 4. Ventilation. Every habitable room shall be provided with either an approved
mechanical ventilation system or natural ventilation. Natural ventilation may be
by means of operable exterior openings such as a window, door, skylight or other
approved opening. Every bathroom must be provided with either a mechanical
exhaust or an openable window.
Subd. 5. Sanitation. All sanitary facilities shall be installed and maintained in a safe and
sanitary condition in accordance with applicable requirements of the Minnesota
State Plumbing Code.
a) All dwelling units must have access to a bathroom equipped with facilities
consisting of a water closet, lavatory, and either a bathtub or shower.
b) Bathroom Access: In a rental dwelling unit, the bathroom shall have an entrance
door which affords privacy. No occupant shall have to pass through another
occupant’s room to use the bathroom facility.
c) Bathroom Separation: Every water closet, bathtub or shower required by this
Ordinance shall be installed in a room that will afford privacy to the occupant.
Bathrooms shall be separated from the food preparation areas by a tight fitting
door.
d) Floor Coverings: Bathroom floors shall have a smooth, hard nonabsorbent surface
such as vinyl, tile, vinyl sheet goods, ceramic tile or sealed concreate. Floor
surfaces shall be maintained in good condition so the floor can be maintained in a
sanitary condition.
Subd. 6. Mechanical/Heating.
a) Rental units shall be provided with heating appliances capable of maintaining a
room temperature of 64 degrees Fahrenheit at a point three (3) feet above the floor
in all habitable rooms, bathrooms and water closet compartments. Heating
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appliances shall be installed and maintained in a safe condition and in accordance
with their listings. Un-vented fuel-burning appliances are not permitted. All heating
devices or appliances shall be of an approved type.
b) Every fuel-burning appliance shall discharge the products of combustion to the
exterior through an approved factory-built chimney, masonry chimney or vent that is
approved by the appliance manufacturer. Chimneys or vents shall be designed for the
type of appliance being vented.
c) Exhaust vents, pipes, ducts, conductors, fans or blowers shall not discharge
gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate
wastes directly upon abutting or adjacent public or private property or that of
another tenant or occupant.
d) Hazardous Mechanical Equipment: Mechanical equipment that was installed in
violation of code requirements in effect at the time of installation or mechanical
equipment not installed in accordance with generally accepted construction practices in
areas where no codes were in effect or mechanical equipment that has not been
maintained in good and safe condition shall be considered hazardous and removed,
replaced or repaired.
Subd. 7. Electrical.
a) Every habitable room shall be provided with at least one switched light and 2
duplex outlets. Every water closet compartment, bathroom, laundry room and
furnace room shall contain at least one electric light fixture and one convenience
outlet. Outlets within 6 feet of a sink or bathtub shall be Ground Fault Interrupted
(GFI) outlets.
b) Extension cords shall be used only with portable appliances and shall not be used
as a substitute for permanent wiring. Extension cords shall be plugged directly
into an approved outlet, power tap or multi-plug adapter and shall, except for
approved multi-plug extension cords, serve only one portable appliance. The amp
capacity of the extension cord shall not be less than the rated capacity of the
portable appliance supplied by the cord and shall be grounded when serving a
grounded appliance. Extension cords shall be maintained in good condition
without splices, deterioration or damage. Extension cords and flexible cords shall
not be attached to the structure, extend through walls, ceilings, or floors or under
doors or floor coverings, or be subject to environmental or physical damage.
c) A clear and unobstructed means of access with a minimum width of 30 inches, a
minimum height of 78 inches, and a distance of 30 inches in front shall be
maintained from the operating face of an electrical service panel, meter or
switchboard. Occupants shall at all times have free access to the service panel for
their dwelling unit. All exposed wiring must be secured by approved methods. All
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electrical boxes must have cover plates and the cover plates must not be cracked
or broken. Outlets must meet the requirements of the National Electrical Code.
e) Electrical wiring that was installed in violation of the Minnesota State Electrical
Code requirements in effect at the time of installation or that has not been
maintained in good condition or that is not being used in a safe manner shall be
considered a hazardous or unsafe use and shall be repaired, replaced or removed.
Subd. 8. Plumbing. All plumbing fixtures shall be an approved type, properly installed,
free of leaks and maintained in a safe, sanitary and functional condition.
a) All plumbing fixture drains shall be connected to a sanitary sewer or to an
approved private sewage disposal system.
b) All water supply fixtures shall be connected to an approved system of water supply
and provided with hot and cold running water necessary for its normal operation. All
plumbing fixtures shall be of an approved glazed earthenware type or of a similarly
nonabsorbent material.
c) Plumbing System Leaks: Leaking drain or supply lines shall be repaired or replaced.
d) Plumbing System Hazards: Where it is found that a plumbing system in a structure
constitutes a hazard to the occupants or to the structure by reason of inadequate
service, inadequate venting, improper installation, deterioration or damage or for
similar reasons, the code official shall require the defects or hazard to be corrected.
e) Cross Contamination: The water supply shall be maintained free from
contamination and all water inlets for plumbing fixtures shall be located above the
flood-level rim of the fixture or provided with approved backflow prevention devices
as required by the Minnesota State Plumbing Code. Hose bibs or faucets to which
hoses are attached and left in place, shall be protected by an approved atmospheric-
type vacuum breaker or an approved permanently attached hose connection
vacuum breaker.
Subd. 9. Means of Egress.
a) Rental units shall have access directly to the outside or to a common hallway,
public corridor, exit passageway, or exit stair enclosure which provides access to
an exterior exit door. An exit shall not pass through a hazardous area such as a
furnace room, boiler room, storage room, private garage or similar areas.
b) Means of egress system shall be deemed as meeting the intent of this Ordinance,
provided that the means of egress system or systems is evaluated by the Code Official
and judged to be equivalent to the means of egress system that was required by the
Minnesota State Building and/or Fire Code that was in effect at the time the
building was constructed. This includes, but is not limited to, number of exits,
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separation of exits, egress illumination, emergency egress illumination, exit signage,
rated corridors, doors, hardware and egress travel distance.
c) Obstruction of Egress. Means of egress shall not be obstructed in any manner and
shall remain free of any material or matter where its presence would obstruct or
render the means of egress hazardous. All egress routes shall be properly
maintained in a safe manner.
d) Security. When an exit door provides security from unlawful entry, the door shall be
provided with a dead-bolt lock or approved locking device which is operable from the
inside without the use of a key, special knowledge, or effort. Double cylinder dead
bolt locks are permissible in accordance with MN Statute 326B.106 Subd.4 (g) on
existing single family homes, individual dwelling units of townhouse buildings, and
first floor duplexes used exclusively as a residential dwelling.
e) Fire Department Key Box. Fire Department Key Box and building keys shall be
maintained in accordance with the MN State Fire Code.
Subd. 10 Life Safety.
a) Fire Extinguishers. All rental units shall be equipped with a rechargeable fire
extinguisher with a minimum rating of 2A 10BC. The extinguisher(s) shall be
located in conspicuous locations along the normal path of travel where they will be
readily accessible and immediately available for use in accordance with the
Minnesota State Fire Code. Fire extinguishers shall be serviced at least annually or
as required by the Code Official. A tag with the name of the servicing company and
the service date shall be affixed to the extinguisher and shall remain affixed until
the next servicing.
b) Smoke Alarms. Smoke alarms shall be provided, powered and maintained in
accordance with the requirements of the Minnesota State Fire Code. Smoke alarms
must be replaced when they exceed ten (10) years from the date of manufacture
and remain operational at all times the building is used or occupied.
c) Buildings constructed on or after 6-2-2015: Hardwired with battery back-up and
interconnected in hallways outside sleeping rooms, in each sleeping room, on
each level and in basements.
d) Buildings constructed on or after 8-1-1989: Hardwired smoke alarms in hallways
outside all sleeping rooms, on each level and in basements.
e) Buildings constructed before 8-1-1989: Battery powered smoke alarms in
hallways outside all sleeping rooms, on each level and in basements.
f) Fire Sprinkler and Alarm Systems. All existing fire sprinkler, standpipe and fire
alarm system piping, wiring, panels, notification devices, detection devices, sprinkler
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heads and applicable equipment, components and system monitoring shall be
operational and properly maintained in accordance with their original approval and
applicable Minnesota State Fire Code requirements. Fire alarm systems shall be
tested at least annually. Test reports shall be maintained on the premises and a
copy of each test shall be filed with the fire chief.
g) Fire Resistive Construction. Existing fire resistive construction, assemblies,
components and associated hardware shall be properly maintained in accordance
with their original approval and applicable Minnesota State Fire Code
requirements.
h) Carbon Monoxide Alarms. Carbon Monoxide alarms must be provided in
accordance Minnesota Statute 299F.50 and the Minnesota State Fire Code. A
minimum of one approved and fully operational carbon monoxide alarm must be
installed within ten (10) feet of each room lawfully used for sleeping purposes. If
sleeping rooms are located on separate floors or separate areas on the same floor,
additional carbon monoxide alarms would be necessary within ten (10) feet of
each sleeping room. Carbon Monoxide alarms must be properly maintained in
accordance with the manufacturer’s requirements and installed in accordance with
the manufacturer’s installation requirements and MN Statute 299F.51.
i) Emergency Escape Openings. Basements, habitable attics, and every sleeping
room below the fourth story shall have at least one operable emergency escape
and rescue opening. Where basements contain one or more sleeping rooms,
emergency egress and rescue openings shall be required in each sleeping room but
not in adjoining areas of the basement. Emergency egress and rescue openings
must comply with the Building Code in affect at the time the building was
constructed. In the event that there was no Building Code or the date of
construction is unknown, emergency egress and rescue openings must comply
with the requirements for existing buildings in the Minnesota State Fire Code as
follows:
1. Escape window openings shall have a minimum net clear opening area
of 4.5 square feet.
2. Opening height and width dimensions shall not be less than 20 inches.
3. The maximum height from the floor to window sill opening shall not
exceed 48 inches.
4. Emergency escape window are allowed under decks and porches
provided the window opening is not obstructed and there is a clear
unobstructed path not less than 36 inches in height from the window
opening to a yard or court.
5. Window Wells. The minimum horizontal area of the window well shall
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be 9 square feet with a minimum dimension of 36 inches. The area of
the well shall allow the window to be fully opened. Window wells with
a vertical depth of more than 44 inches shall be equipped with an
affixed ladder or steps. Ladders or steps shall not encroach into the
required dimensions of the well by more than 6 inches and shall not
obstruct the window opening.
SECTION 505.07 GENERAL REQUIREMENTS.
Subd. 1. Building Construction. Building construction, such as roofs, walls, floors,
structural elements and components shall be properly maintained in safe, sound and good
working condition present no visual dangerous conditions to human life or property.
Subd. 2. Stairs/Decks. Every stair, ramp, landing, balcony, porch, deck or other walking
surface shall be maintained in sound condition and good repair.
Subd. 3. Handrails. Stairways with four or more risers or ramps steeper than 1/12 slope
within rental units shall have a continuous, full-length, grip-able handrail located not less than 30
inches and not more than 42 inches measured vertically above stair nosing on at least one side of
the stair. Existing handrails that are firmly fastened, maintained in good condition are allowed to
remain as they are. Existing stairs not provided with any handrails shall have handrails installed
as required for new construction.
Subd. 4. Guardrails. Unenclosed floors, platforms, open sides of stairways, landings,
decks, balconies, porches or occupied roofs which are more than 30 inches above grade or floor
below shall be protected by a guardrail. Guards shall form a protective barrier not less than 42
inches high except for any the following:
a) Guards within dwelling units shall not be less than 36 inches high.
b) Guards on open stairs within dwelling units shall not be less than 34 inches
measured vertically from the stair nosing.
c) Existing guards of buildings designated as historic structures.
d) Existing guards that are firmly fastened, maintained in good condition and
constructed at a height which was in compliance with the State Building Code
when originally built are allowed to remain as they are.
e) Opening limitations: Open guards shall have balusters or ornamental patterns such
that a 6-inch sphere cannot pass through any opening up to a height of 34 inches
except for existing guards which were in compliance with the Minnesota State
Building Code when originally constructed.
Subd. 5. Windows. Windows shall be kept in sound repair, good condition and weather
tight. Emergency escape windows must also comply with this Ordinance.
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a) Operable windows shall be easily openable and capable of being held open by
approved means.
b) Window glazing shall be maintained free from cracks and holes.
c) Insect screens shall be free of tears and holes and in good working condition.
Subd. 6. Doors. All door assemblies and hardware must be maintained in good condition,
shall fit reasonably well within its frame and must be capable of being opened and closed.
Subd. 7. Refuse. The property owner or property manager shall provide an adequate
number of refuse containers to contain the amount of refuse produced on the property or as required
by local refuse ordinance. Containers shall be rodent and animal proof with a tight fitting cover.
Subd. 8. Storage Items. Flammable or combustible items and materials shall not be stored
within three (3) feet of any fuel burning appliances. Storage of items shall be orderly and shall not
block or obstruct exits. A minimum three (3) foot aisle shall be maintained to all exits, furnaces, water
heaters, water meters, gas meters or other building service equipment.
Subd. 9. Flammable and Combustible Storage. Fuel Storage tanks such as LP tanks,
gasoline containers and fueled equipment, including but not limited to motorcycles, mopeds, lawn-
care equipment and portable cooking equipment, shall not be stored or repaired in an apartment
building or rental unit except in a room constructed for that purpose in accordance with the
Minnesota State Fire Code
Subd. 10. Building Identification. Every building shall have the assigned street
numbers displayed on the building in such a position as to be plainly visible and legible from the
street or road fronting the property. Said numbers shall be no less than four (4) inches in height
and shall contrast with the background on which they are displayed.
Subd. 11. Exterior Finish. The exterior of a structure shall be maintained in good
repair, structurally sound, and sanitary.
a) All foundation walls shall be free from open cracks, holes and breaks and
capable of supporting the imposed loads.
b) All above grade exterior walls shall be free from holes, breaks, and loose or
rotting materials; and maintained weatherproof and properly surface coated
where required to prevent deterioration.
c) All roofs shall be sound, tight and not have defects that admit rain and must
prevent dampness or deterioration in the walls or interior of the structure.
Subd. 12. Built In Deficiencies. It is determined that certain conditions within existing
buildings, lawful at the time of construction of the building, and not creating a hazardous
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condition, may not comply with the minimum requirements of the Space, occupancy and use
standards of this Ordinance. Such conditions are referred to as “built in deficiencies”, and the
code official, in administering this Ordinance, may consider built in deficiencies as being
beyond reasonable correction and accept them as an alternate method of meeting the intent of
this section.
Subd. 13: Responsibility for Pest Extermination. Owners of dwelling units shall be
responsible for the extermination of vermin infestations and/or rodents on the premises.
Subd. 14: Rodent Harborages Prohibited in Occupied Areas. No owner or occupant of a
dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or any other similar
materials in such a manner that may provide a rodent harborage in or about any dwelling or
dwelling unit.
Subd. 15: Prevention of Food for Rodents. No owner or occupant of a dwelling or
dwelling unit shall store, place or allow to accumulate any materials that may serve as food for
rodents in a site accessible to rodents.
Subd. 16: Removal of Snow and Ice. The owner of a rental property dwellings shall be
responsible for the removal of snow and ice from parking lots, driveways, steps and walkways
on the premises. Individual snowfalls of three inches or more, or successive snowfalls
accumulating to a depth of three inches, shall be removed from parking lots and driveways
within 24 hours after cessation of the snowfall.
Subd. 17: Minimum Exterior Lighting. The owner of a rental property dwellings shall
be responsible for providing and maintaining effective illumination in all exterior parking lots
and walkways.
Subd. 18: Maintenance of Driving and Parking Areas. The owner of rental property
shall be responsible for providing and maintaining in good condition parking areas and
driveways for tenants as mandated by City Ordinances.
Subd. 19: Maintenance of Yards. The owner of a rental property shall be responsible for
providing and maintaining premises' yards as mandated by City Ordinances.
Subd. 20: Discontinuance of Service or Facilities. No owner, operator, or occupant shall
cause any service, facility, equipment or utility which is required under this ordinance, to be
removed from or shut off from or discontinued for any occupied dwelling or dwelling unit let or
occupied by him, except for such temporary interruptions as may be necessary while actual
repairs or alterations are in process, or during temporary emergencies.
Subd. 21. Motor vehicles. No inoperable or unlicensed motor vehicle or “abandoned
vehicle” as defined and governed in City Ordinance shall be parked, kept or stored outside of a
completely enclosed structure on any rental property.
Subd. 22. Defaced property. It shall be the responsibility of the owner to restore any
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portion of a rental dwelling or rental property that has been damaged, mutilated or defaced by the
placing of any marking, carving or graffiti on any structure.
Section 505.08: ENFORCEMENT AND INSPECTION AUTHORITY. The Building
Inspector and his/her designate agents shall be the Code Official who shall administer and
enforce the provisions of this Ordinance and who is hereby authorized to cause inspections on a
scheduled basis for rental units, or otherwise when reason exists to believe that a violation of this
Ordinance has been or is being committed. Inspections shall be conducted during reasonable
daylight hours and the Code Official shall present evidence of authorization to the occupant in
charge of a respective dwelling unit.
Section 505.09: DISPLAY OF LICENSE. Every licensee of a rental property shall
conspicuously display at all times on the premises a copy of the current license as filed with and
approved by the City. This license shall be located on the premises so as to be easily viewed and
readable by the occupants of the rental property and shall be reasonably protected from wear by a
plastic cover or similar protective device.
Section 505.10: INSPECTION; RIGHT OF ENTRY. In order to compel the compliance
with the licensing requirements, the Code Official shall have the authority to enter any building
at reasonable times upon five (5) days' written notice to the owner or agent to determine if said
building is operated as a "rental property" as defined in this Ordinance or to enforce the Property
Maintenance Standards, or both. In those cases where emergency conditions endangering a
person or property exist, where either the Police Department or the Fire Department has
responded to a rental property, the Code Official will have the authority to enter any building at
any time by the request of the St. Joseph Police Department or the St. Joseph Fire Department to
enforce any provisions of this Ordinance. Failure to schedule or allow a request by the Code
Official for an inspection shall result in rejection of the application or renewal, and if access is
denied the City may pursue remedies at law including an administrative search warrant.
Section 505.11: APPLICABLE LAWS. Licensees shall be subject to all of the provisions
of the ordinances of the City and the laws of the State relating to rental units; and this Ordinance
shall not be construed or interpreted to supersede any other such applicable ordinance or law.
Section 505.12: PENALTY, VIOLATIONS AND TERMINATION OF RENTAL
LICENSE.
Subd. 1. Penalty and Violations. It shall be unlawful for a person, firm or corporation to
be in conflict with or in violation of any provisions of City Ordinance. Any person who fails to
comply with any of the requirements of this Ordinance shall be prosecuted within the limits
provided by local and state laws. Each day that a violation continues after due notice has been
served shall be deemed a separate offense.
Subd. 2. Penalty. A violation of any provision of this Ordinance is a misdemeanor and
also subject to an administrative citation in accordance with City Ordinance.
Subd. 3. Violation. Whenever the Code Official determines that a violation of City
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Ordinance has occurred, notice shall be given to the licensee or person responsible for the
violation by U.S. mail or personally. Such notice shall be in writing, include a statement
of the violation or violations and why the notice is being issued, include a correction
order allowing a reasonable time to make the repairs or improvements and inform the
licensee or person responsible of their right to appeal.
Subd. 4. Re-inspection Fee. The Code Official may re-inspect the rental property
described in the notice to certify that all corrections have been made.
a) First Re-inspection: One re-inspection will be allowed to certify that all
corrections of any violation(s) have been made.
b) Second Re-inspection: If the violation has not been corrected and the Code
Official must return for additional re-inspections, a re-inspection fee as set forth
by the City Fee Schedule will need to be paid prior to the Code Official returning
to re-inspect the property. Additional re-inspections will be subject to additional
re-inspection fees.
Subd. 5. Suspension and Termination of Rental License. The City may suspend or revoke
a license or not renew a license for part or all of a facility at any time the Code Official can
determine that any owner, person, firm, corporation or partnership subject to this Ordinance has
failed to comply with the provisions of this Ordinance by means such as:
a) False or misleading information given or provided in connection with the license
application or renewal.
b) Failure to correct violations in the time period prescribed.
c) One or more violations of any rules, codes, statutes or ordinances related to,
pertaining to, or governing the license or use of the premises, including but not
limited to, violations of Chapter 10 Nuisance and Offenses of the City Code on
the licensed property. The City Council may consider the severity and number of
violations originating on the property when determining the appropriate
suspension period or termination.
d) Failure to pay all real estate taxes and special assessments levied against the rental
property and/or other fines, fees, charges or other financial claims owed to the
City or the State of Minnesota.
e) Failure to allow an inspection of a rental property pursuant to this Ordinance.
f) Failure to provide updated application information during the license period.
g) Commission of a felony related to the licensed activity by the property owner or
manager.
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i) Violation of an owner’s duties under Minnesota statutes sections 299C.66 to
299C.71.
j) Failure to comply with any part of this Ordinance.
Subd. 7. Notification. A decision to suspend a license shall be effective immediately upon
notice to the licensee. A decision to revoke, deny or not renew a license will be preceded
by written notice to the applicant, or licensee. Notice shall be in writing, include a
statement of the violation or violations and why the license is being revoked, suspended,
denied or not renewed.
Subd. 8. Request for Hearing. If a hearing is desired by the licensee, the licensed owner
must affirmatively request an evidentiary hearing in writing, to be received by the City
Administrator. If such written notice is received by the City Administrator prior to
expiration of the time specified for compliance, the City shall set a time for such hearing
and shall inform the owner of the time and place at which the City Council will meet to
consider such testimony as may be offered concerning the proposed violation. This
hearing shall be evidentiary in nature and conducted before the St. Joseph City Council,
which shall determine whether an ordinance or statutory violation did occur, warranting
revocation or suspension of the rental license. The determination of the City Council
shall be final and subject only to any rights of review or appeal to the State courts as
provided by statute. If a request is not made prior to expiration of the time specified for
compliance, the right to an evidentiary hearing is deemed waived.
Subd. 9. Non-Compliance. In the event that a rental license is suspended by the Code
Official, it shall be unlawful for the owner or the duly authorized agent or manager to
thereafter permit any new occupancy of vacant or thereafter vacated rental units until
such time as a rental license is restored. In the event compliance has not been completed
within the time provided, or a hearing has not been requested by the owner in writing, the
Code Official shall recommend to the City and the City Council may terminate the
license. In the event that a rental license is revoked by the City Council, it shall be
unlawful for the owner or the duly authorized agent or manager to thereafter permit any
rental occupancy until such time as a rental license may be restored by the City Council.
When a rental license is revoked, the property shall be vacated as of the effective date of
the revocation and remain vacated until restoration of the license. In the case of
suspension, restoration shall occur automatically upon re-inspection if compliance is
completed prior to revocation. In the case of revocation, restoration of the license shall
occur only after the owner of the premises has made application for a new license, paid a
new license fee and passed a property maintenance inspection. The new license may then
be issued upon completion of the revocation period.
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ORDINANCE 506 FENCE ORDINANCE ........................................................................ 506-1
Section 506.01: APPLICATION ................................................................................ 506-1
Section 506.02: PURPOSE ......................................................................................... 506-1
Section 506.03: PERMIT ............................................................................................ 506-1
Section 506.04: FENCE HEIGHT .............................................................................. 506-2
Section 506.05: FENCE MATERIALS....................................................................... 506-2
Section 506.06: LIVING FENCES ............................................................................. 506-3
Section 506.07: BORDER FENCE OR WALL ........................................................... 506-3
Section 506.08: VARIANCE ...................................................................................... 506-4
Section 506.09: PRE-EXISTING FENCES ................................................................ 506-4
Section 506.10: MAINTENANCE OF FENCE .......................................................... 506-4
Section 506.11: EMERGENCY ACCESS TO FENCED AREAS ............................... 506-4
Section 506.12: RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS ....... 506-4
Section 506.13: PENALTIES/REMEDIES ................................................................. 506-4
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ORDINANCE 506 FENCE ORDINANCE
Section 506.01: APPLICATION. This ordinance shall apply to the construction and
maintenance of all walls or fences, to include living fences as defined herein, within the City.
The requirements of this Ordinance may also be subject to modification by the terms or
conditions of a Conditional Use Permit or Rezoning applicable to an individual parcel of
property.
Section 506.02: PURPOSE. This Ordinance was enacted for the following purposes:
a) To regulate fence or wall construction and location.
b) To protect property from a loss of use, enjoyment or value due to the construction
of aesthetically objectionable fences or walls on adjacent property.
c) To assure that fences and walls are constructed adjacent to the property line or
within the property of the party who will maintain the wall or fence.
d) To assure consistency in the location of fences and walls constructed in residential
districts.
e) To require walls and fences be constructed of a low maintenance material.
f) To require walls or fences to be constructed of non-toxic materials.
Section 506.03: PERMIT. Prior to constructing or reconstructing a fence or wall within
the City, the person or entity owning the property on which the wall or fence is to be constructed
or reconstructed shall first secure a fence permit from the City Building Official. A permit fee,
in an amount set by resolution of the City Council, shall be paid at the time the application for a
permit is submitted. The application shall contain the following:
a) Legal description of the property on which the fence or wall is to be constructed
or reconstructed,
b) Sketch showing the location of the fence or wall on the property,
c) A description of the materials to be used in the construction of the fence or wall,
d) A description or sketch of the design and dimensions of the fence or wall,
e) Compliance with the provisions of Section 506.07 (Border fence or wall).
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The application shall be reviewed by the City Building Inspector for issuance of a
building permit upon a determination that the proposal complies with this Ordinance. The fence
or wall shall be inspected by the Building Inspector upon completion of construction or
reconstruction, to assure compliance with this Ordinance.
Section 506.04: FENCE HEIGHT.
a) Fences and walls located within a residential area shall not exceed the height of
seven feet; except fences located between the front of the residential structure and
the adjacent roadway shall not exceed four feet.
b) Fences and walls located in a commercial area shall not exceed the height of eight
feet; except no fence shall be permitted in the front yard, unless the fence
enhances the visual appearance of the site/landscaping and the fence does not
exceed two feet in height and is of a reasonable linear length. Chain link fences,
including those with slats are prohibited when visible from the public right of
way.
c) Fences and walls in an industrial area shall not exceed eight feet unless a higher
fence or wall is approved as part of the special use permit allowing the industrial
use; except fences located between the front of the industrial structure and the
adjacent roadway shall not exceed four feet in height.
d) If two different zones abut, the zoning requirements of the property owner
constructing the fence shall control.
Section 506.05: FENCE MATERIALS.
1. Fences constructed in residential zoning districts shall not be constructed with
prohibited materials as listed in Section 506.05 Subd. 4. All wood fences, other
than those constructed out of redwood or cedar shall be stained or painted upon
completion of construction or reconstruction. Chain link fences shall be made out
of a non-rust material.
2. Decorative, landscape, retaining and/or privacy walls may be constructed out of
stone masonry or brick provided they are: not less than four inches or more than
24 inches in widths. Such walls over four (4) feet in height shall require footings
that support the structure as required by the MN State Building Code.
3. Concrete decorative, landscape, retaining and/or privacy walls shall be prohibited
unless they are formed from decorative and/or colored concrete, less than 24
inches in height and included as part of an overall landscape theme which has
been developed.
4. The following materials are prohibited for fences, but not limited to:
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a. Barbed wire and electrical fences, except in agricultural districts;
b. Creosote lumber;
c. Chicken wire;
d. Woven or welded wire, except in the industrial district
e. Snow Fences, except in the Agricultural/Rural Residential District
f. Plastic webbing, except when used for police control. This shall not
prohibit the use of plastic materials intended to resemble wood products;
g. Makeshift, flimsy materials, or material such as paper, twine, rope, tin,
except when used for traffic control or police security.
5. Other materials which are not specifically allowed by this Section, nor
specifically prohibited may be permitted subject to City Council review and
approval.
Section 506.06: LIVING FENCES. Living fences may be constructed out of trees or
shrubs. Trees and shrubs used as fencing are not restricted in height; except the height of the
living fence located to the front of a residential structure shall not exceed four feet. The owner
of the property adjacent to a living fence may trim or prune that part of the tree or shrub which
extends across the property line over his or her property.
Section 506.07: BORDER FENCE OR WALL.
a) A fence or wall constructed of maintenance-free materials may be constructed
adjacent to the property line so long as all parts of the fence, including post
anchors, are located within the property of the owner and so long as the bottom of
the fence (exclusive of posts or anchors) is at least two inches above the ground.
For purposes of this paragraph, the term "maintenance-free materials" shall
include stone, brick, stucco, vinyl, plastic, or chain-link which is finished with a
rust resistant material.
b) Fences and walls shall be constructed at least two feet inside the property line or
adjacent to the property line, unless the, fence or wall is constructed of
maintenance-free materials in accordance with paragraph (a) of this section.
c) For any fence or wall located within six feet of a property line, that side of the
fence which presents the most finished appearance, shall be the side which faces
the adjacent property.
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d) No fence shall be constructed which is approximately parallel to an existing
fence, and closer than two feet so as to create an area between the fences which
has limited accessibility for purposes of maintenance.
Section 506.08: VARIANCE. Provisions of this ordinance may be varied by the City
Council upon application, and after consideration and hearing by the Planning Commission with
recommendation to the City Council. A fence variance application fee may be established by
resolution of the City Council. .
Section 506.09: PRE-EXISTING FENCES. This Ordinance shall apply only to fences
and walls constructed or reconstructed after July 1, 2012. Any pre-existing fence that does not
conform with the provisions thereof shall not be altered, extended or reconstructed except in
conformance with this Ordinance.
Section 506.10: MAINTENANCE OF FENCE.
a) All fence and walls located within the City shall be maintained in a safe
condition. The owner of the property on which a fence or wall is located shall be
responsible for the maintenance and repair of the fence.
b) No fence or wall may be maintained in a location which obstructs the ability of a
driver of a motor vehicle to see other drivers or pedestrians on any street or alley.
Section 506.11: EMERGENCY ACCESS TO FENCED AREAS. An access opening for
emergency entrance shall be incorporated into any fenced areas within which a building is totally
or partially located. For residential use property, the access opening shall be at least four (4) feet
in width. For commercial or industrial use property, the access opening shall be at least fourteen
(14) feet in width. A gate or unfenced area shall qualify as an access opening if of sufficient
width.
Section 506.12: RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS. Fences
may only be erected over an easement if the landowner meets the requirements of St. Joseph
Ordinance Section 302.03(b). If the request for the fence is approved, the City retains the right
to require the landowner to remove or abate the fence where the fence interferes in any manner
with the City’s easement use. If there is an emergency necessitating immediate access to the
easement, the City reserves the right to remove the fence to obtain access to the easement. The
landowner shall bear all costs for removal and restoration of the fence in the event the landowner
is required to remove the fence for access to the easement or in the event the City removes the
fence in the case of an emergency. The City specifically reserves all rights of an easement
holder afforded under the common law of the State of Minnesota.
Section 506.13: PENALTIES/REMEDIES. Violation of this ordinance shall constitute a
misdemeanor as defined in this Code of Ordinance. When conditions are made a part of the
terms under which this permit is granted, violation of the conditions is a violation of this
ordinance. The City of St. Joseph may also seek civil remedies, including but not limited to a
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Court order directing maintenance or removal of the fence or injunctive relief prohibiting
construction or maintenance of a fence in violation of this ordinance.
Sec. 506.7(a) & (c) updated 2/24/98
Sec. 506.7(c), 506.12 & 506.13 amended 1/07
Ordinance Amended 07/05/12
Ordinance Amended 04/03/13
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CHAPTER V—BUILDING, LAND USE & REGULATIONS
ORDINANCE 507 EXCAVATION ORDINANCE ........................................................... 507-1
Section 507.01: SCOPE.............................................................................................. 507-1
Section 507.02: DEFINITIONS.................................................................................. 507-1
Section 507.03: GENERAL........................................................................................ 507-2
Section 507.04: EXCAVATION PERMIT ................................................................. 507-2
Section 507.05: TECHNICAL REQUIREMENTS ..................................................... 507-3
Section 507.06: NON COMPLIANCE, VALIDITY, OTHER AUTHORITY............. 507-8
507-0
CHAPTER V—BUILDING, LAND USE & REGULATIONS
ORDINANCE 507 EXCAVATION ORDINANCE
Section 507.01: SCOPE. This ordinance regulates the making of excavations within the
public right of way of streets, alleys, public easements, and other public grounds;provides for
the enforcement of the rules and regulations contained herein and prescribes penalties for the
violation thereof.
Section 507.02: DEFINITIONS. For the purpose of this ordinance, certain words and
terms used herein are defined as follows; and they shall have the meaning herein ascribed to
unless a different meaning is clearly indicated by the context in which they are used.
Subd. 1: Person. Shall mean individual person, corporation, partnership or association of
individual persons, or any public utility corporations.
Subd. 2: City. Shall mean the City of St. Joseph, Minnesota.
Subd. 3: City Engineer. Means that person or firm designated by the Council as City
Engineer.
Subd. 4: Maintenance Superintendent. Shall mean that person designated by the City as
Maintenance Superintendent.
Subd. 5: Shall. As used in this ordinance is mandatory.
Subd. 6: Improvement. As used herein shall include, but not be limited to, the following:
water lines; sanitary and storm sewer lines; whiteway and other street lighting; traffic signal
systems; traffic and street signs; topsoil; sod; trees; public utility lines and systems; streets and
bicyclepaths including subgrade, base, pavement or other surfacing, curbs, gutters, medians,
sidewalks, ramps, and similar items; and all appurtenances to the aforementioned items.
Subd. 7: Excavate. Shall mean to dig or otherwise disturb the existing ground surface; to
drill,jack, bore, or tunnel in or under existing ground surface; to undermine or otherwise impair
the stability of the ground surface or any improvement on or below the ground surface; and to
place excavated materials or debris on the ground surface obstructing or otherwise interfering
with the free use of said ground surface or any improvement.
Subd. 8: Permittee. Shall mean the person to whom a valid excavation permit has been
issued by the City of St. Joseph.
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Section 507.03: GENERAL. No person shall excavate within the public right of way of
any street, alley, public easement, or other public grounds for any purpose other than in
fulfillment of a contract awarded by the City until a valid excavation permit has been issued
therefore by the City Administrator/Clerk.
Section 507.04: EXCAVATION PERMIT.
Subd. 1: Application. Application shall be made in writing on forms approved by the
City and available from the City Administrator/Clerk. Said application shall state in detail the
nature and character of the excavation to be made, the location thereof, and such other
information as the Maintenance Superintendent may reasonably require to enable him to fully
evaluate the nature of the work to be accomplished and the extent to which it will conform to the
requirements of this ordinance;provided, however, that in the event of an emergency, such work
as is required to alleviate the emergency may be accomplished without benefit of permit. In this
event, however, application for permit shall be made during the next succeeding work day and
the applicant shall be subject to all of the remaining provisions of this ordinance.
Subd. 2: General Requirements. No excavation permit will be issued to any person unless
the person has complied with the general requirements for City approvals under Section 104.06
of the St. Joseph Code of Ordinances.
Subd. 3: Permit Fees. A non refundable permit fee as may be established by resolution
of the City Council shall be paid to the City Administrator/Clerk at such time as the application
is submitted.
Subd. 4: Insurance. Persons intending to excavate under this Ordinance shall carry a
general policy of liability and property damage insurance which shall have minimum limits of
coverage of$100,000 for injuries to or the death of one person and not less than $250,000 on
account of one accident, and not less than $100,000 for property damage. A properly executed
certificate of insurance stating the coverage limits provided and certifying that the policy
complies in all respects with the provisions of this Ordinance shall be submitted with the
application. Said policy shall:
a) Include a "Hold Harmless Clause", specifically naming the City of St. Joseph as
the insured, which indemnifies and holds harmless the City of St. Joseph, its
officers, elected officials, agents, and employees from and against all claims,
damages, losses and expenses (including legal fees) arising out of or from
operations conducted by persons working under an approved excavation permit.
b) Provide that the coverage afforded shall be primary coverage to the full limits of
liability stated in the declarations, and if said City of St. Joseph; its officers,
elected officials, agents and employees have other insurance against the loss
covered by said policy, that other insurance shall be excess insurance only.
C) Provide that no cancellation of said insurance policy may be made by the insured
or insurance company, for any cause, without first giving twenty (20) days notice
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to the City, in writing, of the intention to cancel. Such notices shall be addressed
to the City Administrator/Clerk by registered mail, or shall be delivered to the
City Administrator/Clerk personally.
Subd. 5: Multiple Permits. Persons who plan to seek several permits within a given
calendar year need only submit the insurance certificate with first application;provided,
however, that they acknowledge in writing on subsequent application forms that the certificate
on file with the City Administrator/Clerk is currently in effect.
Subd. 6: Deposit. A cashier's check in the amount of$500 payable to the City of St.
Joseph shall be deposited with the City Administrator/Clerk upon receiving an approved permit.
Said check shall be held as bond to insure that all work performed under the permit conforms in
every respect to the terms and conditions of this ordinance.
507.04 amended 11/2013
Section 507.05: TECHNICAL REQUIREMENTS.
Subd. 1: Public Safety. Before commencing any excavation, the Permittee shall set up
an effective system to protect vehicular traffic and pedestrians from excavation, to safely guide
vehicular traffic and pedestrians through the construction area or detour them where necessary,
and to provide for public safety in general. In cases where it is necessary to detour traffic around
the excavation area, the Permittee shall present his plan for detouring traffic to the City
Administrator/Clerk and the Chief of Police for coordination and approval. The Permittee shall
utilize signs, flags, flashers, barricades, flagmen and such other methods or devices as are
deemed necessary by the City to adequately warn the public of the hazards involved, to allow
adequate time for the vehicle drivers to react and make the necessary adjustment in speed or
course, and to efficiently conduct traffic through or around the construction area.
The Permittee shall not leave an open excavation unattended. Prior to leaving the site
each night he shall put a sufficient amount of backfill into the excavation to prevent any
possibility of a cave in. This shall be construed to mean that the back slope on any excavation
left open and unattended shall not be steeper than 2 to 1 (horizontal to vertical) unless properly
shored sheeting is used. The excavation shall in no case be left open with standing water in it; the
Permittee shall at least fill the excavation to the top of the water table with backfill solid enough
to walk on. Open sheeting areas, pipes, or manholes shall be covered and securely sealed before
being left unattended.
Subd. 2: Blasting. If blasting is necessary in effecting the excavation, due precaution
and care shall be exercised to avoid damage to persons or property. No blasting shall be
undertaken unless the Permittee has received the express written approval of the City Council.
Approval may be granted only when the City Council has determined there is a need and the
Permittee has submitted satisfactory evidence of proper qualification, experience, knowledge of
current codes and safety procedures, and insurance coverage. The Contractor shall assume full
responsibility for any damages caused by blasting, regardless of the requirements for notification
and approval. The Contractor shall secure any required permits for blasting and shall conduct
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blasting operations in conformance with all applicable state and local laws, regulations and
ordinances.
Subd. 3: Protection of Existing Improvements. Before commencing any excavation, the
Permittee shall determine what improvements exist within the limits of the construction area and
shall make detailed arrangements with the owners thereof for the protection or replacement of
such improvements. The Permittee shall bear full responsibility for any damage to improvements
resulting from operations conducted under the issued permit.
Subd. 4: Excavations in or under City Streets and Alleys. This subdivision sets forth the
detailed requirements for excavations conducted in or under City streets, alleys, sidewalks, or
other paved surfaces within the public right of way.
a) Installation of pipes or conduits under streets surfaced with concrete or with two
or more inches of bituminous shall be done by jacking or boring whenever
possible. When installing pipes by jacking or boring extreme care shall be
exercised to assure that the soil surrounding the pipe remains in place so as to
prevent the formation of void which will result in the settlement or cave in of the
paved surface.
b) Excavation made in soil or gravel surfaced streets, streets surfaced with less than
two (2)inches of bituminous, or in alleys, may be accomplished without sheeting
or cribbing the trench, except that due dare shall be taken to protect structures and
improvements in that area.
C) Where an excavation must be made in a street surfaced with concrete or with two
or more inches of bituminous, said excavation shall be sheeted or cribbed to the
full depth of the excavation and to a point at least five feet beyond the edge of the
surface or curbing. If unusual soil conditions or other circumstances exist which
made sheeting the trench impossible or unnecessary, the Maintenance
Superintendent may at his discretion approve an alternate means of protecting the
improvements. The Permittee shall use protective planking, pads, or other
approved means for protecting those portions of the pavement not being removed
from damage by equipment. The Permittee shall repair or replace at his own
expenses any areas of the pavement or other improvements damaged by his
operations. Such repair or replacement shall comply in all respects with the terms
and conditions of this ordinance and shall meet the approval of the Maintenance
Superintendent.
d) When backfilling the excavation, backfill shall be placed in 1 foot layers and each
layer shall be thoroughly compacted utilizing compaction methods suitable for the
type of soil being placed. No concrete chunks, bituminous materials, frozen
lumps, stones exceeding 6 inches in greatest dimension, trash, or debris will be
allowed in the backfill; these materials along with any soils which cannot be
properly compacted shall be removed from the site and disposed of by the
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Permittee. The disposed of materials shall be replaced with granular soil approved
by the Maintenance Superintendent. No stones exceeding 3 inches in greatest
dimension will be permitted within 12 inches of any pipe, conduit or cable, or
within 18 inches of the street surface. All backfill material within 24 inches of the
finished surface shall be granular in nature.
Subd. 5: Installation of Sewer and Water Services. All installations of Water and/or
Sanitary Sewer service connections shall be accomplished in accordance with the applicable
provisions of the Minnesota State Plumbing Code. All materials used shall be new and shall be
approved by the Maintenance Superintendent prior to installation.
a) All Water Service Connections shall have a slight "goose neck" immediately
adjacent to the corporation stop. All taps shall be made with an approved tapping
machine under the direct supervision of the Maintenance Superintendent, who
shall be given 24 hours notice by the Permittee of his intention to tap a City
watermain. The top of all curb boxes shall be brought to grade as directed by the
Maintenance Superintendent (suitable extensions shall be used where necessary).
b) All sanitary sewer service connections shall be made to existing lines, tees or
risers where such connection points are available at a reasonably convenient
location. Where no such connection points exist at a reasonably convenient
location, the Permittee shall make the necessary tap utilizing a mechanical tapping
machine which saws the required opening in the main sewer pipe in such a
manner as to accomplish a smooth cut without cracking the pipe, and he shall then
make the service connection utilizing a pipe saddle. The pipe shall be designed for
use with the size of main sewer pipe which is being tapped and shall be of a
design which will prohibit any protrusion beyond the inside wall of the main
sewer. Pipe saddles used on vitrified clay pipe or polyvinyl chloride pipe sewer
shall be cemented to the main sewers utilizing an epoxy cement or other approved
water tight cementing agent. Pipe saddles on other types of sewer pipe shall be
attached in a manner which accomplishes a rigid and water tight connection
meeting the approval of the Maintenance Superintendent. The pipe saddle used on
any particular installation shall be designed specifically for use with the same type
of gaskets as are used on the balance of the sewer service pipe. Suitable adaptors
shall be used where the mainline sewer is of a different material type than the
proposed service line.
C) All water service and sewer service connections shall be installed with a
minimum of 8 feet of earth cover within the street right of way unless the depth of
the existing main lines makes it impossible to install the service connections at
such depth. Where it is impossible to provide 8 feet of cover at any point within
the street right of way, said service connections shall be protected by insulation in
a manner approved by the Maintenance Superintendent.
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d) In no case will the trench be backfilled until the taps, connections, and grade line
of the sewer or water services have been inspected and approved by the
Maintenance Superintendent.
Subd. 6: Restoration. Following completion of the excavation and backfill operations,
the contractor shall be responsible for restoring all improvements which were damaged or
destroyed by his operations to a condition equal to or better than their original condition.
Minimum requirements, regardless of original condition, are as follows:
a) Gravel or soil surfaced streets, alleys, and shoulder: restore by placing a minimum
of 6 compacted inches of stabilized gravel meeting Minnesota Highway
Department Specifications for Class 5 aggregate base.
b) Bituminous or concrete surfaced streets and alleys, concrete curbs, gutters,
sidewalks, medians, etc.: restore in accordance with current standards for such
construction as used by the City on its municipal improvement projects and such
special requirements as are established by the Maintenance Superintendent.
C) Boulevards, slopes, and ditches: restore with a minimum of 6 inches of black dirt
and then sod. Sod must be pegged into place to prevent washing and shall be
maintained by the Permittee or his client until satisfactory growth has been
established. Black dirt and sod must be of first quality and shall meet the approval
of the Maintenance Superintendent. The requirement to place black dirt and/or
sod may be waived by the Maintenance Superintendent if, in his opinion,
conditions are such that it is not warranted. All repaired surfaces shall blend
smoothly into the adjacent improvements and terrain.
d) Cleanup. When work is completed, all equipment, trash or debris, rocks unused
materials, etc. shall be removed from the site. Street, alley, and sidewalk surfaces
shall be swept clean.
Subd. 7: Guarantee. The Permittee shall guarantee all work for a period of one year
from the date the finished work was approved by the City. In the event a failure of any kind is
reported to the Permittee in writing within one year from the date final approval was received,
the Permittee shall, at his own expense, make the necessary repairs within 10 days of receipt of
the notice of failure.
a) If bituminous pavement settles more than 1/2 inch or concrete payment or curbing
settles more than 1/4 inch, a failure shall be declared and notice will be issued to
the Permittee. In these cases complete replacement of the pavement or curbing
will be required;patching over the top of a failure will not be allowed.
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b) Should sewer or water services installed by the Permittee leak, collapse or
otherwise fail to perform their intended function, or should a curb box shift in
such a way that the curb stop cannot be operated from the ground surface with a
standard wrench, a failure shall be declared and notice will be issued to the
Permittee.
Subd. 8: Right of the City to Complete Work. All work covered under this ordinance
shall be accomplished expeditiously until completion in order to avoid unnecessary
inconvenience to traffic or pedestrians and for the protection of other public interests. The
contractor shall state, in his application for permit, the time which he estimates will be required
to complete the work. Upon review of the application, the City shall have the right to amend the
time requested and issue the permit so as to allow the minimum amount of time which he
determines will reasonably be required for such work. The time allowed for completion shall be
extended as necessary if it is found that it is not possible to complete the work within the time
allowed.
a) In the event that the work is not being accomplished expeditiously, or if work on
an excavation is ceased or abandoned without due cause, the City may, after 24
hours written notice to the holder of the permit of the City's intention to do so,
have City Forces, as hereinafter defined, correct said work, backfill the excavation
and effect all restoration as required by this ordinance.
b) In the event failure occurs within one year of the date of final acceptance and the
Permittee is notified of such failure, he shall accomplish the required repair within
10 days of receipt of said notification. Therefore, if said work has not been
accomplished, the City may have City Forces accomplish the work required.
C) In the event City Forces accomplish work in accordance with either of the above
provisions, the entire cost of such work, including any materials used therefore,
shall be a liability of the Permittee. The cost of such work shall be deducted from
the cashier's check deposited with the City Administrator/Clerk at the time the
permit was issued. Should the cost of such work exceed the deposited amount, the
difference shall be billed to the Permittee. If payment is not received within 30
days of the billing date, no additional permits shall be issued to said Permittee
until payment has been made by the Permittee including interest accruing at a rate
of I%per month.
d) If the Maintenance Superintendent determines that an emergency exists due to a
failure or for any other reason that immediate action is required to protect life
and/or property, she/he shall have the right to effect repairs with City Forces
without prior notice to the Permittee;provided however, that the Permittee shall
be notified as soon as practicable after the repairs have been made.
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e) The term "City Forces" shall be construed to mean City employees and, where the
work to be performed is beyond the capability of City employees due to lake of
available materials, equipment, skill, or time, other individuals or contractors
hired by the City.
Section 507.06: NON COMPLIANCE, VALIDITY, OTHER AUTHORITY.
Subd. 1: Non Compliance. Violation of any of the provisions of this ordinance shall
constitute a misdemeanor and shall be subject to the penalties provided for misdemeanors by the
law. After a conviction for violation of any provision of this ordinance becomes final, the
continued violation of such provision shall constitute a separate offense for each day such
violation shall continue to exist, and if such non compliance is not corrected within twenty (20)
days after such conviction has become final, the Permittee shall not thereafter be allowed to
secure additional excavation permits until he has received the written approval of the City
Council to do so.
Subd. 2: Validity. Should any section or provision of this ordinance be held to be
unconstitutional or invalid by any court, all other sections or provisions shall, nevertheless, be
deemed effective and valid as though such unconstitutional or invalid section or provision had
never been inserted in this ordinance.
Subd. 3: Other Authority. The issuance of a permit under this ordinance in no way
relieves the Permittee from obtaining necessary approval to excavate from other individuals or
units of government having jurisdiction. Where the excavation is to take place on Federal, State,
or County Highway right of way, on road or street right of way which falls in part under
township jurisdiction, or on property where valid jurisdiction is held by persons or governmental
bodies other than the City of St. Joseph, the Permittee shall obtain necessary approval from the
proper person, agency, or governmental body having jurisdiction.
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ORDINANCE 508 TELECOMMUNICATION TOWER REGULATION ORDINANCE . 508-1
Section 508.01: PURPOSE ......................................................................................... 508-1
Section 508.02: DEFINITIONS .................................................................................. 508-1
Section 508.03: PERMITTED USES .......................................................................... 508-3
Section 508.04: PERMITTED USES SUBJECT TO ADMINISTRATIVE REVIEW . 508-4
Section 508.05: ADMINISTRATIVE REVIEW PROCESS ....................................... 508-4
Section 508.06: CONDITIONAL USES ..................................................................... 508-5
Section 508.07: GENERAL PERFORMANCE STANDARDS .................................. 508-5
Section 508.08: TOWER SETBACKS ....................................................................... 508-6
Section 508.09: TOWER LIGHTING ......................................................................... 508-7
Section 508.10: SIGNS AND ADVERTISING .......................................................... 508-7
Section 508.11: ABANDONED OR UNUSED TOWERS .......................................... 508-7
Section 508.12: INTERFERENCE OF PUBLIC SAFETY COMMUNICATIONS ..... 508-7
Section 508.13: CONDITIONAL USE APPLICATION SUBMITTAL ...................... 508-7
Section 508.14: BUILDING MOUNTED ANTENNAS ............................................. 508-8
Section 508.15: AMATEUR RADIO TOWERS ......................................................... 508-8
Section 508.16: PENALTIES ..................................................................................... 508-9
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ORDINANCE 508 TELECOMMUNICATION TOWER AND ANTENNA ORDINANCE
Section 508.01: PURPOSE. The purpose of this ordinance is to accommodate the
communication needs of residents and businesses while protecting public health, safety and
general welfare of the community. The City finds that these regulations are necessary in order
to:
Subd. 1: Facilitate the provision of wireless communication services to residents and
businesses;
Subd. 2: Minimize adverse visual effects of towers through careful design and site
standards;
Subd. 3: Avoid potential damage to adjacent properties from tower failure through
structural standards and setback requirements;
Subd. 4: Maximize the use of existing and approved towers and buildings to
accommodate new wireless communication antennas in order to reduce the number of towers
needed to serve the community;
Subd. 5: Utilize business, industrial and public land, buildings and structures for
telecommunication whenever possible and/or appropriate; and
Subd. 6 Provide for the appropriate location and development of towers and antennas to
accommodate the communication needs of the residents and businesses within the City.
Section 508.02: DEFINITIONS. The following words and terms shall have the
following meanings unless the context clearly indicates otherwise:
Subd. 1: Accessory Utility Buildings. All utility buildings and structures accessory to a
tower.
Subd. 2: Amateur Radio and Television Towers. A tower used exclusively for
transmission and reception by an amateur radio operator, which is located on the same property
as the radio or for residential television reception, and does not exceed 40 feet in height.
Subd. 3: Base unit. An unstaffed single story structure or weatherproofed cabinet used to
house radio frequency transmitters, receivers, power amplifiers, signal processing hardware and
related equipment.
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
Subd. 4: Building Mounted Antenna. A wireless communications antenna mounted on
or attached to the roof or wall of an existing building.
Subd. 5: Commercial Wireless Telecommunication Services. Licensed commercial
wireless telecommunication services, including cellular, personal communication services (PCS),
specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and
similar services that are marketed to the general public.
Subd. 6: Commercial Towers. A tower designed or used for commercial wireless
telecommunications services, public radio transmission or commercial television transmission.
Subd. 7: Communication Antenna. A device used for the purpose of receiving or
transmitting television, radio, digital, microwave, cellular, personal communication service
(PCS), paging or similar forms of wireless electronic communication, including but not limited
to directional antennas, such as panels, microwave dishes and satellite dishes, and omni-
directional antennas, such as whip antennas.
Subd. 8: Communication Antenna, Façade Mounted. A communication antenna mounted
on the façade of a structure such as a building, water tower, clock tower, steeple, stack, light
pole, traffic signal davit or communication tower.
Subd. 9: Communication Tower or Antenna, Rooftop Mounted. A communication tower
or antenna located on the roof of a structure such as a building, water tower, clock tower,
penthouse or similar structure.
Subd. 10: Communication Tower. Any pole, spire, structure or combination thereof,
including supporting lines, cables, wires, braces and mast, designed and constructed primarily for
the purpose of supporting one (1) or more antennas, including self-supporting lattice towers,
guyed towers or monopole towers. A communication tower may include, but not be limited to,
radio and television transmission towers, microwave towers, common carrier towers, cellular
telephone towers and personal communication service towers.
Subd. 11: Communication tower, monopole. A communication tower consisting of a
single pole, constructed without guyed wires and anchors.
Subd. 12: Communication tower and antenna height. The height of a freestanding
communication tower and antenna shall be measured as the distance from ground level to the
highest point on the tower, including the antenna. The height of a rooftop communication
antenna shall be measured as the distance from the point where the base of the tower and
antenna is attached to the roof, to the highest point on the supporting structure, including the
antenna.
Subd. 13: Exempted Dish. A satellite or microwave dish that is two meters or less in
diameter and used for reception of signals exclusively for the occupants of the property on which
it is located.
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
Subd. 14: Institutional use. Educational facilities, parks, cemeteries, golf courses, sport
arenas, religious institutions, athletic fields and publicly owned property.
Subd 15: Multi-User Towers. A tower to which is attached the antennas of more than
one commercial wireless telecommunications service provider or governmental entity.
Subd. 16: Public owned property. Land, buildings or structures owned by any
government body or public agency including city, county, state, or federally owned properties,
other than public rights-of-way.
Subd. 17: Public safety communication system. A communication system owned or
operated by a government body or a government entity such as a law enforcement agency, public
works department, municipal transit authority or medical facility.
Subd. 18: Public Utility. Persons, corporations, or governments supplying gas, electric,
transportation, water, sewer or land lying telephone service to the general public. For the
purpose of this ordinance, commercial wireless communication service facilities shall not be
considered public utility uses, and are defined separately.
Subd. 19: Single-User Towers. A tower to which is attached only the antennas of a
single user, although the tower may be designed to accommodate antennas of multiple users as
required by this ordinance.
Section 508.03: PERMITTED USES. Façade mounted communication antennas
attached to existing city-owned light poles and traffic signal davits in public rights-of-way, shall
be permitted in all districts, provided such antennas and towers comply with the standards of
Ordinance 304 of the St. Joseph Code of Ordinances. Notwithstanding any other provisions to
the contrary, exempted dishes and communication towers and antennas designed for private
reception of television and radio signals, used for amateur or recreational purposes shall be
permitted in all districts as an accessory use provided such antennas and towers comply with the
following:
1) Freestanding towers and antennas shall not exceed forty (40) feet in height and
rooftop mounted antennas shall not exceed fifteen (15) feet in height.
2) Antennas shall not exceed two (2) meters in diameter.
3) No freestanding tower or antenna shall be located within any required yard other than
the rear yard of any parcel.
4) Only one (1) freestanding tower and antenna shall be allowed per lot in any district.
5) Any freestanding tower shall be of monopole design.
6) Any tower or antenna which is no longer in use, or which has fallen in disrepair to the
extent that it can no longer service its intended purpose, or which constitutes a hazard
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
or nuisance, shall be considered a violation of the zoning ordinance, and shall be
removed.
Section 508.04: PERMITTED USES SUBJECT TO ADMINISTRATIVE REVIEW.
Subd. 1: Uses. Notwithstanding the height limitations of the zoning district, commercial towers
and antennas shall be permitted in the public and the educational ecclesiastical zoning districts as
follows, subject to administrative review and approval by the zoning administrator, as specified
in section 508.05, and the standards of this section:
1) Rooftop mounted communication towers and antennas not exceeding fifteen (15) feet
in height.
2) Façade mounted communication antennas.
Subd. 2: Standards. Permitted uses subject to administrative review and approval shall comply
with the following standards:
1) The antenna and its supporting structure shall be aesthetically compatible with the
structure upon which the proposed antenna is to be mounted and with the surrounding
uses. Façade mounted communication antennas shall be camouflaged, and rooftop
mounted communication antennas and towers shall be camouflaged where it is
determined to be necessary.
2) The structure upon which the proposed antenna is to be mounted shall have the
structural integrity to carry the weight of the antenna and its supporting structure.
3) The base unit shall be aesthetically compatible with the surrounding structure upon
which the proposed antenna is to be mounted and with the surrounding uses.
Section 508.05: ADMINISTRATIVE REVIEW PROCESS. The zoning administrator shall have
up to fifteen (15) business days following the submittal of a complete application to approve or
deny such application. The zoning administrator may impose such conditions and require such
guarantees deemed reasonable and necessary to protect the public interest and to ensure
compliance with the standards and purposes of this zoning ordinance and goals and policies of
the comprehensive plan. If proposed on publicly owned land, a determination will be made that
co-location is acceptable so as to not interfere with public safety and purpose. The applicant shall
submit the following:
1) Scaled schematic drawings and photographic perspectives showing the structure and
placement of the tower and antenna on the structure.
2) A written certification from a registered engineer that the structure has the structural
integrity to carry the weight of the tower and antenna.
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3) A scaled drawing showing the size, location, construction materials and screening of
the base unit.
4) A scaled drawing showing how the tower and antenna will be camouflaged.
Section 508.06: CONDITIONAL USES. The construction and maintenance of a
communication tower or antenna shall be permitted within the following zoning classifications,
pursuant to a conditional use permit granted in accordance with the Zoning Ordinance. Amateur
radio, television towers and exempted dishes shall not require a conditional use permit.
Section 508.03 amended 10/10
Subd. 1: Industrial District. All permitted towers and antennas.
Subd. 2: Agricultural District. All permitted towers and antennas.
Subd. 3: Public District. All permitted towers and antennas, except as provided for in
Section 508.04.
Subd. 4: Business Districts: B-1 Central Business, B-2 Highway 75 Business, and B-3
General Business. Rooftop mounted tower or antenna, facade mounted antennas.
Subd. 5: Educational Ecclesiastical District: All permitted towers and antennas, except as
provided for in Section 508.04.
Section 508.07: GENERAL PERFORMANCE STANDARDS. All communication
towers shall meet the following performance standards.
Subd. 1: Multi-User Requirements. A proposal for a new commercial wireless
communication tower shall not be approved unless the City finds that the telecommunications
equipment plans for the proposed tower cannot be accommodated by an existing or approved
tower or building within a one (1) mile search radius of the proposed tower due to one or more
of the following reasons:
a) The planned equipment would exceed the structural capacity of the existing or
approved tower, as documented by a qualified and licensed professional engineer,
and the existing or approved tower cannot be re-enforced, modified, or replaced to
accommodate planned or equivalent equipment at a reasonable cost.
b) The planned equipment would cause interference materially impacting the
usability of other existing or planned equipment at the tower as documented by a
qualified and licensed professional engineer, and the interference cannot be
prevented at a reasonable cost.
c) Existing or approved towers and buildings within the search radius cannot
accommodate the planned equipment at a height necessary to function reasonably
as documented by a qualified and licensed professional engineer.
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
d) Other unforeseen reasons that make it infeasible to locate the planned
telecommunications equipment upon an existing or approved tower or building.
e) Any proposed commercial wireless telecommunication service tower shall be
designed (structurally and electronically) in all respects, to accommodate both the
applicant's antennas and comparable antennas for at least two additional users.
The tower must be designed to allow for future re-arrangement of antennas upon
the tower and to accept antennas mounted at various heights.
Subd. 2: Tower and Antenna Design Requirements. Towers and antennas shall be
designed to blend into the surrounding environment through the use of color and camouflaging
architectural treatment except in instances where the color is dictated by federal or state
authorities such as the Federal Aviation Administration. Commercial wireless
telecommunication service towers shall be of a monopole design unless the City determines that
an alternative design would better blend in the surrounding environment or allow for greater
future multi-use.
Subd. 3: Landscaping and Screening. The City shall establish, as a condition of approval
of a commercial tower, reasonable requirements relating to landscaping and screening to
improve the aesthetic appearance of the base of the tower and accessory buildings. Existing on-
site vegetation should be preserved to the maximum extent possible.
Subd. 4: Fencing. All commercial towers and accessory buildings shall be enclosed
within an aesthetically acceptable fence with a locked gate to prevent unauthorized entry. The
fence shall be at least eight feet, but not greater than ten feet, in height.
Subd. 5: Construction Standards. All towers shall be constructed and maintained in
accordance with the Electronic Industry Association Standards and all applicable building codes.
Subd. 6: Minimum Spacing. Minimum spacing between commercial tower locations is
one-half mile.
Section 508.08: TOWER SETBACKS. All towers shall confirm with the following
minimum setback requirements.
Subd. 1: All towers shall be set back from property lines a minimum of 125% of the
height of the tower, including all antennas and attachments. The height of the tower shall be
measured from the average grade of the property on which it is located or the actual tower
height, whichever is greater.
Subd. 2: Buildings accessory to a tower shall comply with the setback requirements of
the zone in which the tower is located.
Subd. 3: Commercial towers shall be set back a minimum of 500 feet from schools or
structures used as dwellings and a minimum of 300 feet from property zoned for residential use.
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
Subd. 4: A tower setback may be reduced or varied, at the sole discretion of the City, if
the variance will facilitate the integration of the tower into an existing or proposed structure,
such as a church steeple, light standards, power line support device or similar structure.
Section 508.09: TOWER LIGHTING. A tower shall not be illuminated by artificial
means and shall not display strobe lights unless such lighting is specifically required by the
Federal Aviation Administration or other state or federal authority for a particular tower. When
incorporated into the design standards of the tower, light fixtures to illuminate ball fields,
parking lots or similar areas may be attached to the tower.
Section 508.10: SIGNS AND ADVERTISING. The use of any portion of a tower for
signs other than a warning or equipment informational signs is prohibited.
Section 508.11: ABANDONED OR UNUSED TELECOMMUNICATION TOWERS.
Abandoned, unused telecommunications towers or portions of telecommunications towers shall
be removed as follows:
Subd. 1: All abandoned, unused towers and associated facilities shall be removed within
12 months of the cession of operations at the site unless a time extension is approved by the City.
In the event the tower is not removed within 12 months of cession of operations at the site, the
tower and the associated facilities may be removed by the City and the cost of removal assessed
against the property.
Subd. 2: Any unused portions of towers above a manufactured connection shall be
removed within six (6) months of the time of antenna relocation. The replacement of portions of
a tower previously removed requires the issuance of a new conditional use permit.
Section 508.12: INTERFERENCE OF PUBLIC SAFETY COMMUNICATIONS. No
new or existing telecommunication service shall interfere with public safety communications.
All applications for a conditional use permit for new service shall be accompanied by an
intermodulation study which provides the technical evaluation of existing and proposed
transmissions and indicates all potential interference problems. Before the introduction of a new
service or change in existing service, telecommunication providers shall notify the City at least
ten (10) calendar days in advance of such changes and allow the City to monitor interference
levels during the testing process.
Section 508.13: CONDITIONAL USE APPLICATION SUBMITTAL. In addition to
the information generally required to accompany a request for a conditional use permit as found
in the Zoning Ordinance, applications for towers shall include the following supplemental
information:
a) A report from a qualified and licensed engineer which:
1. Describes the tower height and design, including a cross section and
elevation.
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
2. Documents the height above grade for all potential mounting positions for
collocated antennas and the minimum separation distance between
antennas;
3. Describes the towers capacity, including the number and type of antennas
it can accommodate.
4. Describes how the applicant will take to avoid interference with
established public safety communication.
5. Includes the engineer's stamp and registration number.
6. Includes other information necessary to evaluate the request.
b) Letter of intent committing the tower owner, and successors, to allow the shared
use of the tower if any additional user agrees in writing to meet reasonable terms
and conditions for shared use.
c) Proof that the proposed tower complies with regulations administered by the
Federal Aviation Administration.
d) A report from a qualified and licensed professional engineer which demonstrates
the tower compliance with all applicable structural and electrical standards.
e) A site plan showing the boundaries of the property on which the tower is located,
adjacent land uses, the location of the tower and any accessory buildings within
the property, distance setbacks from property lines for the tower and accessory
buildings, fence locations, and proposed landscaping or screening.
Section 508.14: BUILDING MOUNTED ANTENNAS. The placement of a wireless
antennas on roofs of walls of existing buildings or structures shall be approved by the City as a
conditional use provided that the antennas meet the requirements of this ordinance, after
submittal of a final site and building plan, and a report prepared by qualified licensed
professional engineer indicating the existing building structure suitability to accept the antenna
as well as a proposed method for affixing the antenna to the structure. Complete details of all
fixtures, couplings, and the precise point of attachment shall be indicated.
Section 508.11 amended 10/10
Section 508.15: AMATEUR RADIO TOWERS. Amateur Radio and Television Towers
and antennas are subject to the standards and conditions established by this ordinance, except for
those specific to commercial towers. The City may waive strict compliance with this ordinance
if it finds that the stated purpose of this ordinance is met.
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Section 508.16: PENALTIES. A violation of this ordinance shall constitute a
misdemeanor. Each calendar day of a continued violation of the ordinance shall constitute an
individual misdemeanor or offense.
Amended 03/2019
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ORDINANCE 540 SUBDIVISION REGULATIONS .......................................................504-00
Section 540.01: SHORT TITLE AND CONTENTS ..................................................540-01
Section 540.02: PURPOSE ........................................................................................540-01
Section 540.03: SCOPE OF LEGAL AUTHORITY ..................................................540-02
Section 540.04: JURISDICTION, APPLICATION, COMPLIANCE AND
VALIDITY. ...............................................................................................................540-03
Section 540.05: EXCEPTIONS .................................................................................540-04
Section 540.06: DEFINITIONS ..................................................................................540-05
Section 540.07: GENERAL PLATTING REQUIREMENTS .....................................540-16
Section 540.08: SHORELAND/FLOOD PRONE LANDS ........................................540-18
Section 540.09: MINOR/AMINISTRATIVE SUBDIVISIONS AND CONSOLIDATION
...................................................................................................................................540-18
Section 540.10: COMMON INTEREST COMMUNITIES ........................................540-22
Section 540.11: PREMATURE SUBDIVISIONS ......................................................540-23
Section 540.12: DISQUALIFICATION/DENIAL OF PLATS ...................................540-25
Section 540.13: PLATTING REVIEW PROCEDURES ............................................540-26
Section 540.14: PLAT DATA REQUIREMENTS .....................................................540-33
Section 540.15: MINIMUM DESIGN STANDARDS ...............................................540-41
Section 540.16: REQUIRED IMPROVEMENTS .......................................................540-51
Section 540.17: PUBLIC LAND DEDICATION .......................................................540-54
Section 540.18: ADMINISTRATION AND ENFORCEMENT .................................540-60
Section 540.19: SCHEDULES OF ADMINISTRATIVE FEES, CHARGES AND
EXPENSES ................................................................................................................540-61
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
ORDINANCE 540 SUBDIVISION REGULATIONS
Section 540.01: SHORT TITLE AND CONTENTS.
Subd. 1: This ordinance shall hereafter be known, cited, and referred to as the
“Subdivision Ordinance of the City of St. Joseph”, “Subdivision Ordinance”, and/or “this
Ordinance”.
Subd. 2: Contents.
SHORT TITLE AND CONTENTS ................................................... Sect. 540.01
PURPOSE ......................................................................................... Sect. 540.02
SCOPE OF LEGAL AUTHORITY .................................................... Sect. 540.03
JURISDICTION, APPLICATION, COMPLIANCE,
VALIDITY......................................................................................... Sect. 540.04
EXCEPTIONS ................................................................................... Sect. 540.05
DEFINITIONS ................................................................................... Sect. 540.06
GENERAL PLATTING REQUIREMENTS....................................... Sect. 540.07
SHORELAND/FLOOD PRONE LANDS .......................................... Sect. 540.08
MINOR/ADMINISTRATIVE SUBDIVISIONS AND CONSOLIDATION
........................................................................................................... Sect. 540.09
COMMON INTEREST COMMUNITIES .......................................... Sect. 540.10
PREMATURE SUBDIVISIONS ........................................................ Sect. 540.11
DISQUALIFICATIONS/DENIAL OF PLATS ................................... Sect. 540.12
PLATTING REVIEW PROCEDURES .............................................. Sect. 540.13
PLAT DATA REQUIREMENTS ....................................................... Sect. 540.14
MINIMUM DESIGN STANDARDS ................................................ Sect. 540.15
REQUIRED IMPROVEMENTS ....................................................... Sect. 540.16
PUBLIC LAND DEDICATION ....................................................... Sect. 540.17
ADMINISTRATION AND ENFORCEMENT ................................. Sect. 540.18
ADMIN. FEES, CHARGES & EXPENSES ....................................... Sect. 540.19
Section 540.02: PURPOSE.
Subd. 1: Pursuant to the authority contained in Minn. Stat. 462.358, this Ordinance is
adopted for the following purposes:
Subd. 2: Assure that new additions will harmonize with overall development objectives
of the community.
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
Subd. 3: Encourage well planned subdivisions by establishing optimum development
standards.
Subd. 4: Secure the rights of the general public with respect to public land and water.
Subd. 5: Improve land records by establishing standards for surveys and plats.
Subd. 6: Place the costs of improvements against those benefiting from their
construction.
Subd. 7: Assure that public improvements such as streets, utilities and drainage are
constructed to satisfactory standards.
Subd. 8: Provide common grounds of understanding between prospective subdivider-
developers and City officials.
Subd. 9: Provide for the health, safety and welfare of residents by requiring the necessary
services such as properly designed streets and adequate sewage, water, electric, telephone,
broadband, and natural gas utility services.
Subd. 10: To guide public and private policy and action in order to provide adequate and
efficient transportation, water, sewerage, schools, parks, trails and other public facilities.
Section 540.03: SCOPE OF LEGAL AUTHORITY.
Subd. 1: This Ordinance is not intended to repeal, annul, or in any way impair or
interfere with existing provisions of other laws, ordinances or with restrictive covenants running
with the land except those specifically repealed by or in conflict with this Ordinance. Every
division of land for the purpose of lease or sale into two or more lots, parcels or tracts within the
incorporated area of the City of St. Joseph or any combination of two or more lots shall proceed
in compliance with this Ordinance. It is the purpose of this Ordinance to make certain
regulations and requirements for the platting of land within the City pursuant to the authority
contained in Minnesota Statutes chapters 412, 429, 471, and 505, which regulations the City
Council deems necessary for the health, safety, general welfare, convenience and good order of
this community.
Subd. 2: The City shall have the power and authority to review, amend and approve
subdivisions of land already recorded and on file with Stearns County if such plats are entirely or
partially undeveloped.
Subd. 3: The City of St. Joseph has adopted a Comprehensive Plan for the future
physical development and improvement of the City pursuant to Minnesota Statutes, MSA
462.351-432.3535, and finds it necessary to regulate the division of land for future development
and use. The City finds that the public health, safety and general welfare require that the
division of land into two or more parcels requires regulation to assure adequate space, light and
air; to provide proper ingress and egress to property; to facilitate adequate provision for water,
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
waste disposal, fire protection, open space, schools, public uses and adequate streets and
highways; and to assure uniform monumenting, legal description and conveyance of subdivided
land. The Minnesota Statutes authorize municipalities to so regulate the subdivision and platting
of land pursuant to MSA 412.221 Subdivision 32; and 462.358.
Section 540.04: JURISDICTION, APPLICATION, COMPLIANCE AND VALIDITY.
Subd. 1: Jurisdiction. The regulations herein governing plats and subdivision of lands
shall apply within the corporate limits of the City and the unincorporated area within two miles
of its limits; provided that where a municipality lies less than four miles from the limits of St.
Joseph, these regulations shall apply only to a line equidistant from St. Joseph and said
municipality; and provided further, that the governing body or bodies of unincorporated areas
adjacent to the City have not adopted ordinances for the regulation of subdivision of land or
platting.
Subd. 2: Application. Any plat hereafter made for each subdivision or each part thereof
lying within the jurisdiction of this Ordinance, shall be prepared, presented for approval, and
recorded as herein prescribed. The regulations contained herein shall apply to the subdivision of
a lot, tract or parcel of land into two or more lots, tracts, or development, whether immediate or
future, including the re subdivision or re platting of land or lots; except, where the subdivision or
re-subdivision meets the requirements of a Minor Subdivision or is listed as an exception.
Subd. 3: Compliance. No plat of any subdivision shall be entitled to be recorded in the
County Recorder's Office or have any validity until the plat thereof has been prepared, approved
and acknowledged in the manner prescribed by this Ordinance. No building permits will be
issued by the City of St. Joseph for the construction of any building, structure or improvement to
the land or to any lot in a subdivision, as defined herein, until all requirements of this Ordinance
have been fully complied with.
Subd. 4: Validity. Should any section or provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, such decision shall not affect the validity of the
Ordinance as a whole or any part thereof other than the part so declared to be invalid.
Subd. 5: Approvals necessary for acceptance of subdivision plats. Before any plat or
subdivision of land shall be recorded or be of any validity, it shall be referred to the Planning
Commission and approved by the City Council of St. Joseph as having fulfilled the requirements
of this Ordinance.
Subd. 6: Conditions for Recording. No plat or subdivision shall be entitled to be
recorded in the Stearns County Recorder’s Office or have any validity until the plat thereof has
been prepared, approved, and acknowledged in the manner prescribed by this Ordinance.
Subd. 7: This Ordinance shall not repeal, annul or in any way impair or interfere with
existing provisions of other laws or ordinances except those specifically repealed by or in
conflict with this Ordinance.
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
Subd. 8: Where this Ordinance imposes a greater restriction upon land than is imposed or
required by such existing provisions of the law, ordinance, contract or deed, the provisions of
this Ordinance shall control. The Owners shall enforce covenants to the best of their ability; the
City shall assume no responsibility for the enforcement thereof, except in the case of restrictive
covenants running with the land to which the City is a part. Any restrictive covenant shall not
conflict or invalidate City Ordinances.
Subd. 9: Where the conditions imposed by any provision of this Ordinance are either
more restrictive or less restrictive than comparable conditions imposed by any other law,
ordinance, code, statute, resolution or regulation, the regulations which are more restrictive or
impose higher standards or requirements shall prevail.
Subd. 10: Separability. If any court of competent jurisdiction shall judge any provision
of this Ordinance to be invalid, such judgment shall not affect any other provisions of this
Ordinance not specifically included in said judgment. If any court of competent jurisdiction
shall judge invalid the application of any provision of this Ordinance to a particular property,
building or other structure, such judgment shall not affect the application of said provision to any
other property, building or structure not specifically included in said judgment.
Section 540.05: EXCEPTIONS.
Subd. 1: The provisions of this Ordinance shall not apply to:
a) A cemetery or burial plot while used for that purpose;
b) Any division of land made by testamentary provision, the laws of descent, or
upon court order;
c) A parcel which was the subject of a written agreement to convey (such as a
purchase agreement), entered into prior to the effective date of this Ordinance;
d) Conveyance if the land described: Was a separate parcel of not less than 2½ acres
in area and 150 feet in width on January 1, 1966; OR Was a separate parcel of not
less than five acres in area and 300 feet in width on July 1, 1980; OR Is a single
parcel of commercial or industrial land of not less than five acres and having a
width of not less than 300 feet and its conveyance does not result in the division
of the parcel into two or more lots or parcels, any one of which is less than five
acres in area or 300 feet in width; OR Is a single parcel of residential or
agricultural land of not less than 20 acres and having a width of not less than 500
feet and its conveyance does not result in the division of the parcel into two or
more lots or parcels, any one of which is less than 20 acres in area or 500 feet in
width.
Subd. 2: Divisions of land where the division is to permit the adding of a parcel of land
to an abutting lot or to create two (2) lots and the newly created property line will not cause the
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
land or any structure to be in violation of this Ordinance or the Zoning Ordinance, provided
Minor Subdivision Platting Requirements of Section 504.10 of this Ordinance are followed.
Section 540.06: DEFINITIONS.
The language set forth in the text of this Ordinance shall be interpreted in accordance
with these rules of construction. Except for those words and phrases defined below, the words
and phrases used in this ordinance shall be interpreted to be given the meaning in common
usage, so as to give this Ordinance its most reasonable application. The singular number
includes the plural, and the plural the singular. The present tense includes the past and the future
tenses, and the future the present. The word “shall” is mandatory while the word “may” is
permissive. All measured distances shall be expressed in feet and decimals of feet.
The following words and terms shall have the meaning provided for in the definition.
Subd. 1: Access Way. A public or private right-of-way across a block or within a block
to provide non-vehicular access, to be used by the general public.
Subd. 2: Alley. A public or private right-of-way, usually 20 feet wide or less, that is
primarily designed to serve as secondary access to abutting property from the side or rear of
those properties whose principal frontage is on a street.
Subd. 3: Applicant. The owner, their agent, or other person having legal control,
ownership and/or interest in the land proposed to be subdivided.
Subd. 4: Attorney. The attorney employed or retained by the City, unless otherwise
stated.
Subd. 5: Base Lot. A lot meeting all the specifications within its zoning district prior to
being divided into a subdivision of single family attached units.
Subd. 6: Best Management Practices (BMPs). Best management practices as described
in current Minnesota Pollution Control Agency’s manual and other sources as approved by the
City and County.
Subd. 7: Bikeway. A public right-of-way or easement across a block or within a block to
provide access for bicyclists and in which a path or trail may be installed.
Subd. 8: Block. An area of land within a subdivision that is entirely bounded by streets,
or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the
above with a river or lake.
Subd. 9: Bluff. A topographical feature such as a hill, cliff, or embankment having the
following characteristics (an area with an average slope of less than 18 percent over a distance of
50 or more feet shall not be considered part of the bluff):
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a) Part or all of the feature is located in a shoreland area;
b) The slope rises at least 25 feet above the ordinary high water level of the water
body;
c) The grade of the slope from the toe of the bluff to a point 25 feet or more above
the ordinary high water level averages 30 percent or greater; and,
d) The slope must drain toward the water body.
Subd. 10: Bluff Impact Zone. A bluff and land located within twenty (20) feet from the
top of a bluff.
Subd. 11: Boulevard. The portion of the street right-of-way between the curb line and
the property line.
Subd. 12: Building. Any structure built for the support, shelter or enclosure of persons,
animals, chattel or movable property of any kind, and includes any structure.
Subd. 13: Building Setback Line. A line parallel to the street right-of-way line, and
ordinary high water level, if applicable, at its closest point to any story level of a building and
representing the minimum distance which all or part of the building is set back from said right-
of-way line, or ordinary high water level.
Subd 14: Caliper. The diameter of replacement or new trees measured at a height of two
(2) feet above the ground level.
Subd. 15: Certificate of Survey. A document prepared by a Registered Engineer or
Registered Land Surveyor which precisely describes area, dimensions and location of a parcel or
parcels of land.
Subd. 16: City. The City of St. Joseph, Stearns County, Minnesota, and also means City
Council.
Subd. 17: City Council. The governing body of the City of St. Joseph.
Subd. 18: Cluster Development. The development pattern and technique whereby
structures are arranged in closely related groups to make the most efficient use of the natural
amenities of the land, while providing a unified network of open space and aesthetically pleasing
areas and meeting the overall density regulations of this Ordinance and the Zoning Ordinance.
Subd. 19: Common Interest Community. A contiguous or noncontiguous real estate
within Minnesota that is subject to an instrument which obligates persons owning a separately
described parcel of the real estate, or occupying a part of the real estate pursuant to a proprietary
lease, by reason of their ownership or occupancy, to pay for (i) real estate taxes levied against;
(ii) insurance premiums payable with respect to; (iii) maintenance of; or (iv) construction,
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maintenance, repair or replacement of improvements located on one or more parcels or parts of
the real estate other than the parcel or part that the person owns or occupies (MSA 515B.1-103).
Subd. 20: Comprehensive Plan. The groups of maps, charts and text that make up the
comprehensive long range plan of the City.
Subd. 21: Conditional Approval. An affirmative action by the City indicating that
approval will be forthcoming upon satisfaction of certain specified stipulations.
Subd. 22: Contour Interval. The vertical height between contour lines.
Subd. 23: Contour Map. A map on which irregularities of land surface are shown by
lines connecting points of equal elevations.
Subd. 24: Conveyance. The sale, trading, donation or offer of sale or other transfer of
land.
Subd. 25: Copy. A print or reproduction made from a tracing.
Subd. 26: Cul-De-Sac. A local street with only one outlet and having an appropriate
terminal for the safe and convenient reversal of traffic movement. (move to Streets)
Subd. 27: Design Standards. The specifications to landowners or those proposing to
subdivide land for the preparation of plats, both preliminary and final, indicating among other
things, the optimum, minimum or maximum dimensions of such items as rights-of-way, blocks,
easements and lots.
Subd. 28: Detention Basin. A facility designed to temporarily store runoff from rainfall
or snow melt, releasing the stored water at a controlled rate until the basin is empty. The outlet
or control structure is located at the bottom of the facility so that the basin is dry after the runoff
event. (See also Detention Pond, Retention Basin, and Retention Pond).
Subd. 29: Detention Pond. A facility designed to temporarily store runoff from rainfall
or snow melt, releasing the stored water at a controlled rate until the water has been brought
down to a predetermined level. The outlet or control structure is located in such a way that some
water remains in the facility. The bottom of the facility is usually below water table, or is
otherwise constructed in such a way that standing water remains in the pond year round (See also
Detention Basin, Retention Basin and Retention Pond).
Subd. 30: Developer. Any individual, firm, association, syndicate, co-partnership,
corporation, trust or other legal entity submitting an application for the purpose of land
subdivision as defined herein. The developer may be the owner or authorized agent of the owner
of the land to be subdivided.
Subd. 31: Development. Acts relating to subdividing land, platted land, building
structures and installing site improvements.
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Subd. 32: Double Frontage Lot. A lot other than a corner lot which has a property line
abutting on one street and an opposite property line abutting on another non-intersecting street.
Subd. 33: Drainage Course. A watercourse or surface area for the drainage or
conveyance of surface water.
Subd. 34: Easement. A grant by a property owner for the use of a defined piece of land,
either on a temporary or a perpetual basis for the purpose of access, surface drainage, storm
water or snow melt detention, snow storage, or the construction and maintenance of utilities
including, but not limited to, sanitary and storm sewers, water mains, storm drainage ways, gas
lines, electric lines, and cable service lines.
Subd. 35: Escrow. The deposition of funds in an account maintained by the City for the
purpose of ensuring fulfillment of certain obligations pursuant to this Ordinance.
Subd. 36: Final Approval. Approval of the final plat by the City Council, as indicated by
certification of the plat by the Mayor of the City, constitutes authorization to record a plat.
Subd. 37: Final Plat. A drawing or map of a subdivision, meeting all the requirements of
the City and in such form as required by the County for purposes of recording.
Subd. 38: Flood Related.
a) 100-Year Flood. A flood which is representative of large regional floods known
to have occurred generally in Minnesota and reasonably characteristic of what can
be expected to occur on an average frequency in the magnitude of the 100-year
recurrence interval as determined by the use of the 100-year flood profile and
other supporting technical data in the Flood Insurance Study, or in any other
officially adopted City flood study.
b) Accessory Use or Accessory Structure. A use or structure in the same lot with,
and of a nature customarily incidental and subordinate to, the principal use or
structure.
c) Equal Degree of Encroachment. Method of determining the location of
encroachment lines so that the hydraulic capacity of flood plain lands on each side
of a stream are reduced by an equal amount when calculating the increases in
flood stages due to flood plain encroachments.
d) FEMA. The U. S. Federal Emergency Management Agency.
e) Flood. A temporary rise in stream flow or stage that results in inundation of the
areas adjacent to the channel.
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f) Flood Frequency. The average frequency, statistically determined, for which it is
expected that a specific flood stage or discharge may be equaled or exceeded.
g) Flood Fringe. That portion of the flood plain outside of the floodway. Flood
fringe is synonymous with the term “floodway fringe” used in the Flood
map/boundary and/or Flood Insurance Study of the City.
h) Flood Hazard Areas. The areas included in the floodway and flood fringe as
indicated on the official zoning map (Shoreland Overlay District) and the Flood
Hazard Boundary Map, Flood Insurance Study and/or Flood Insurance Rate Map
which have been officially adopted by the City.
i) Flood Hazard Boundary Map. The most recent Flood Hazard Boundary Map
prepared by FEMA for the City, as may be amended.
j) Flood Insurance Rate Map. The most recent Flood Insurance Rate Map prepared
by FEMA for the City, and as applicable and allowed by law, the Flood Insurance
Rate Map prepared by FEMA for the County of Stearns, as may be amended.
k) Flood Insurance Study. The most recent Flood Insurance Study prepared for the
City by FEMA and, as applicable and allowed by law, the Flood Insurance Study
prepared by FEMA for the County of Stearns, as may be amended.
l) Flood Plain. The areas adjoining a watercourse which have been or hereafter may
be covered by the 100-year flood as determined by the use of the 100-year flood
profile and other supporting technical data in the Flood Insurance Study, or in any
other officially adopted City flood study. The flood plain includes the floodway
and the flood fringe.
m) Floodproofing. A combination of structural provisions, changes or adjustments to
properties and structures subject to flooding primarily for the reduction or
elimination of flood damages to properties, water and sanitary facilities, structures
and contents of buildings in a flood hazard area in accordance with the Minnesota
State Building Code.
n) Floodway. The channel of the watercourse and those portions of the adjoining
flood plains which are reasonably required to carry and discharge the regional
flood determined by the use of the 100-year flood profile and other supporting
technical data in the Flood Insurance Study, or in any other officially adopted City
flood study. The floodway shall remain free of encroachment so that the 100
year flood can be carried without a rise in surface water elevation of more than
0.5 feet at any point.
o) Floodway Fringe. The area between the floodway and the outer edge of the 100-
year flood plain boundary that could be completely obstructed during a 100-year
flood without a rise in surface water elevation of more than 1.0 feet at any point.
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p) Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, culvert, building, wire, fence,
stockpile, refuse, fill, structure or matter in, along, across or projecting into any
channel, watercourse or regulatory flood hazard area which may impede, retard or
change the direction of the flow of water, either by itself or by catching or
collecting debris carried by such water, or that is placed where the flow of water
might carry the same downstream to the damage of life or property.
q) Reach. A hydraulic engineering term to describe a longitudinal segment of a
stream or river influenced by a natural or manmade obstruction. In an urban area,
the segment of a stream or river between two (2) consecutive bridge crossings
would be typical of a reach.
r) Regulatory Flood Protection Elevation. A point not less than one (1) foot above
the water surface profile associated with the 100-year flood as determined by the
use of the 100-year flood profile and supporting technical data in the Flood
Insurance Study plus any increase in flood heights attributable to encroachments
on the flood plain. It is the elevation to which uses regulated by this Ordinance are
required to be elevated or floodproofed.
s) Structure. Anything erected with a fixed location on the ground, or attached to
something having a fixed location on the ground or in the ground in the case of
earth sheltered buildings. Among other things, structures include buildings,
factories, sheds, detached garages, cabins, manufactured homes, walls, fences,
billboards, poster panels and other similar items.
Subd. 39: Hydric Soil. For the purposes of this Ordinance, hydric soils shall include:
Hydric soils as shown on the Stearns County Geographic Information System (GIS); OR land
inside the 100 year floodplain area, as determined by the County, using two (2) foot contour
surveys of relevant areas; OR a field delineation of the hydric soils by a Registered Soil Scientist
following the criteria found in the United States Army Corps of Engineers Wetland Delineation
Manual (1987 Manual) OR the Natural Resource Conservation Service publication Field
Indicators of Hydric Soils in the United States.
Subd. 40: Improvements. Pavement, curbs, gutters, sidewalks, sewer and water
facilities, drainage facilities, street signs, street lighting, plantings and other items for the welfare
of property owners and/or the general public.
Subd. 41: Intensive Vegetation Clearing. The complete removal of trees or shrubs in a
contiguous patch, strip, row or block.
Subd. 42: Land Disturbance. Any area in which movement of earth, alteration in
topography, soil compaction, disruption of vegetation, change in soil chemistry, or any other
change in the natural character of the land occurs as a result of the site preparation, grading,
building construction or other construction activity.
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Subd. 43: Key Map. A small scale map which definitively shows the area proposed to
be platted in relation to known geographical features (e. g. regional feature, community centers,
lakes and streets).
Subd. 44: Lot. A portion of a subdivision or other parcel of land intended for building
development or for transfer of ownership.
Subd. 45: Lot Line, Side. Any boundary of a lot that is not a front lot line or a rear lot
line.
Subd. 46: Lot of Record. A parcel of land, whether subdivided or otherwise legally
described, as of the effective date of this Ordinance, or approved by the City as a lot subsequent
to such date, and which is occupied by or intended for occupancy by one (1) principal use,
together with any accessory buildings or such open spaces as required by this Ordinance and
having its principal frontage on a street, or a proposed street approved by the Council.
Subd. 47: Lot, Width. The horizontal distance between the side lot lines of a lot
measured at the building setback line, location of the principal building and, if applicable,
ordinary high water level. For corner lots, lot width shall be determined by measuring the
horizontal distance between a side lot line and the applicable opposite front lot line.
Subd. 48: Metes and Bounds Description. A description of real property which is not
described by reference to a lot or block shown on a map, but is described by starting at a known
point and describing the bearings and distances of the lines forming the boundaries of the
property or delineating a fractional portion of a section, lot or area by described lines or portions
thereof.
Subd. 49: Minor Subdivision. The division of a single parcel, lot, or tract, into two
separate parcels, lots, or tracts.
Subd. 50: Multiple Family Dwelling. A dwelling containing more than two (2) separate
living units.
Subd. 51: Natural Water Way. A natural passageway on the surface of the earth, so
situated and having such a topographical nature that surface water flows through it from other
areas before reaching a final ponding area. The term also shall include all drainage structures that
have been constructed or placed for the purpose of conducting water from one place to another.
Subd. 52: Official Map. The map adopted by the City Council showing the streets,
highways, blocks and lots theretofore laid out resulting from the approval of subdivision plats
and the subsequent filing of such approved plats.
Subd. 53: Ordinary High Water Level. The boundary of public waters and wetlands, and
shall be an elevation delineating the highest water level which as been maintained for a sufficient
period of time to leave evidence upon the landscape, commonly that point where the natural
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vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses,
the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs
and flowage, the ordinary high water level is the operating elevation of the normal summer pool.
Subd. 54: Outlot. A lot remnant or parcel of land left over after platting, which is
intended as open space or other future use, for which no building permit shall be issued.
Subd. 55: Owner. Includes the plural as well as the singular, and where appropriate shall
include a natural person, partnership, firm, association, public or quasi public corporation,
private corporation, or a combination of any of them.
Subd. 56: Parcel. An individual lot or tract of land.
Subd. 57: Parks and Playgrounds. Public lands and open spaces in the City of St. Joseph
dedicated or reserved for and usable for recreation purposes.
Subd. 58: Pedestrian Way. A public or private right of way across a block or with a
block to provide access, to be used by pedestrians and which may be used for the installation of
utility lines.
Subd. 59: Percentage of Grade. On street centerline means the distance vertically (up or
down) from the horizontal in feet and tenths of a foot for each 100 feet of horizontal distance.
Subd. 60: Planning Commission. The Planning Commission of the City of St. Joseph.
Subd. 61: Planned Unit Development. A tract of land planned and developed to
encourage a more creative and efficient development of land, while at the same time meeting the
standards and purposes of the Comprehensive Plan for preserving the health, safety and welfare
of the City of St. Joseph, to allow for a mixture of residential units or residential and commercial
units in an integrated and well-planned area and to ensure the concentration of open space into
more usable areas and preservation of natural resources of the site including wetlands, steep
slopes, vegetation, and scenic areas.
Subd. 62: Planned Unit Residential Development. A tract of land containing not less
than 20 acres and which contains or will contain two or more principal residential buildings,
developed or to be developed under unified ownership or control, the development of which is
unique and of a substantially different character than that of the surrounding areas, including but
not limited to the provision of common open space for use by all residents of the tract.
Subd. 63: Preliminary Approval. Approval of the preliminary plat by the City Council
which constitutes authorization to proceed with final engineering plans and final plat preparation,
taking into consideration any conditions for approval.
Subd. 64: Preliminary Plat. A tentative drawing or map of a proposed subdivision
meeting the requirements herein enumerated.
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Subd. 65: Protective Covenants. Contracts made between private parties as to the
manner in which land may be used, with the view to protecting and preserving the physical and
economic integrity of any given area. The City shall not be responsible for enforcing protective
covenants.
Subd. 66: Public Improvement. Any drainage ditch, roadway, parkway, street, sanitary
sewer, storm sewer, water system, sidewalk, pedestrian way, tree, lawn, off-street parking area,
lot improvement or other facility for which the City may ultimately assume ownership,
responsibility for maintenance and operation, or which may effect an improvement, for which
local government responsibility is or may be established.
Subd. 67: Public Waters. Any waters as defined in Minnesota Statutes, section 105.37,
subdivisions 14 and 15, as may be amended.
Subd. 68: Publication. An official notice as prescribed by Minnesota Statutes.
Subd. 69: Quadraminium. Single structures which contain four (4) subdivided dwelling
units, all of which have individually separate entrances from the exterior of the structure.
Subd. 70: Reserve Strips. A narrow strip of land placed between lot lines and streets to
control access.
Subd. 71: Retention Basin. A facility designed to store runoff from rainfall or snowmelt
with no outlet. The stored water is allowed to percolate into the ground. (See also Detention
Basin, Detention Pond, and Retention Pond).
Subd. 72: Retention Pond. A facility designed to store runoff from rainfall or snowmelt
with no outlet. The bottom of the facility is usually below water table, or is otherwise
constructed in such a way that standing water remains in the pond year round. (See also
Detention Basin, Detention Pond, and Retention Basin).
Subd. 73: Right-of-Way. Land acquired by reservation or dedication intended for public
use, and intended to be occupied or which is occupied by a street, trail, railroad, utility lines, oil
or gas pipeline, water line, sanitary sewer, storm sewer or other similar uses.
Subd. 74: Roadway. The portion of street right-of-way improved for vehicular travel.
Subd. 75: Rural Design. A street design where adjacent property and right of way are
graded to form a ditch section along the shoulder of the road. Surface drainage is primarily
carried by the ditch section.
Subd. 76: Setback. The distance between a building and the property line nearest thereto.
Subd. 77: Shore Impact Zone. Land located between the ordinary high water level of a
public water and a line parallel to it at a setback of fifty (50) percent of the structure setback.
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Subd. 78: Shoreland. Land located within the following distances from public waters:
1,000 feet from the ordinary high water level of a lake, pond or flowage; and 300 feet from a
river or stream, or the landward extent of a floodplain designated by ordinance on a river or
stream, whichever is greater.
Subd. 79: Single-Family Detached Dwelling. A dwelling which is designed and
constructed for and occupied by not more than one family and surrounded by open space or
yards and which is not attached to any other dwelling by any means.
Subd. 80: Sketch Plan. A drawing showing the proposed subdivision of property. This
plan shall be drawn to scale and dimensioned; however, exact accuracy is not a requirement
Subd. 81: Street. A public right of way affording primary access by pedestrians and
vehicles to and through property within and adjacent to the community. Streets are divided into
functional classifications according to the character of service they provide:
a) Arterial, Minor. Applies to streets and highways that carry the majority of traffic
into and out of the City. Emphasizes mobility into and out of the City. Minor
arterials carry the largest percentage of intercommunity travel interconnecting
with and augmenting the principal arterial system. Serves smaller centers of
activity, but ideally should not penetrate identifiable neighborhoods. Serves trips
of moderate length and provides a lower level of mobility. Access to abutting
property is usually not restricted.
b) Arterial, Principal. Applies to streets and highways that carry traffic from city to
city. Emphasizes mobility through the City. Carries the major portion of trips
entering and leaving the community, as well as the majority of through
movement. Serves the major centers of activity, the longest trips, and carries a
high proportion of urban travel on minimum mileage. Emphasizes mobility and is
usually characterized by restricted access to abutting property.
c) Collector. Carries traffic from the arterial systems to local street destinations, and
vice versa. Provides traffic circulation within neighborhoods, and within
commercial and industrial areas. “Major” collector applies to through streets
connecting large parts of the City to streets serving areas with concentrations of
multiple family dwellings and to business, commercial and light industrial
districts. “Minor” collectors apply to residential through streets that carry traffic
from multiple neighborhoods to the collector arterial network. Operating speeds
are at or above 30 miles per hour and intermittent on-street parking can be
accommodated on a regular basis.
d) Cul-de-sac. A local street with only one outlet and having an appropriate terminal
for the safe and convenient reversal of traffic movement.
e) Dead End. A street, or a portion thereof, with only one vehicular traffic outlet.
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f) Frontage road. A street directly adjacent to a principal arterial used to control
access to the arterial while also serving adjoining property. Serves to segregate
local traffic from higher speed through traffic and intercept driveways of
residences and commercial establishments along the arterial. Can carry a
functional classification of collector or local street depending on projected use.
Also, a street directly adjacent to railroad right of way where access to abutting
property is only necessary on one side.
g) Half Street. A street having only one-half of its intended roadway width
developed to accommodate traffic.
h) Private. A street serving as vehicular access to two (2) or more parcels of land
which is not dedicated to the public and is owned by one or more private parties.
i) Residential, Neighborhood. Applies to residential streets that carry traffic into
and out of a neighborhood. Normal operating speeds are near 30 m.p.h. and
parking is limited to guests or an occasional delivery truck.
j) Residential, Local. Applies to residential side streets and to cul-de-sacs where
through traffic is discouraged. Normal operating speeds are below 25 m.p.h. and
on-street parking is rare or prohibited.
Subd. 82: Street Width. The shortest distance between lines of lots delineating the street
right-of-way.
Subd. 83: Structure. Anything erected with a fixed location on the ground, or attached to
something having a fixed location on the ground or in the ground. Among other things, structures
include buildings, manufactured homes, walls, fences, billboards, swimming pools, and poster
panels.
Subd. 84: Subdivision (of Land). A described tract of land which is to be or has been
divided into two or more lots or parcels, any of which resultant parcels is less than two and one
half acres in area, for the purpose of transfer of ownership or building development, or, if a new
street is involved, any division of a parcel of land. The term includes re-subdivision and, where it
is appropriate to the context, relates either to the process of subdividing or to the land
subdivided.
Subd. 85: Surveyor. A land surveyor registered under Minnesota State Statutes.
Subd. 86: Tangent. A straight line that is perpendicular to the radius of a curve at a point
on the curve.
Subd. 87: Townhouses. Structure housing three (3) or more dwelling units contiguous to
each other only by the sharing of one (1) common wall, such structures to be of the town or row
house type as contrasted to multiple apartment structures.
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Subd. 88: Tract. A defined area of land, similar to a lot or parcel, that is occupied or will
be occupied by a building and its accessory buildings, together with such open spaces as are
required under the provisions of the current City Zoning regulations, having not less than the
minimum area required by said zoning regulations for a building site in the district in which such
lot is situated and having its principal frontage on a street.
Subd. 89: Trail. A linear component of the community’s park system.
Subd. 90: Two-Family Dwelling. A dwelling designed exclusively for occupancy by
two (2) families living independently of each other.
Subd. 91: Urban Design. A street design where adjacent property and right of way are
graded to the edge of pavement or to the top of a curb without need for ditch construction.
Surface drainage is primarily carried by the paved street section.
Subd. 92: Urban Service Area. That portion of the City, as geographically defined by
the Comprehensive Plan, which is or has the future potential for development at urban densities
and/or urban uses and in which urban improvements may be required.
Subd. 93: Variance. A relaxation of the terms of this Ordinance where such deviation
will not be contrary to the spirit and intent of the Comprehensive Plan and this Ordinance, the
public interest and where due to physical conditions unique to the individual property and not the
result of the actions of the applicant, a literal enforcement of the Ordinance would result in
unnecessary and undue hardship.
Subd. 94: Vertical Curve. The surface curvature on a street centerline located between
lines of different percentage of grades.
Subd. 95: Wetlands. The City adopts the definition of "Wetlands" as contained in Minn.
Stat. 103G.005, Subd. 19. Designations of the Stearns County Environmental Services Office of
wetlands shall be presumed as accurate when determining the location of wetlands.
Subd. 96: Zoning District. An area as described by the official zoning ordinance of the
City of St. Joseph.
Subd. 97: Zoning Ordinance. The Ordinance or resolution controlling the use of land as
adopted by the City.
Section 540.07: GENERAL PLATTING REQUIREMENTS.
Subd. 1: Established Monuments. All federal, state, county and other official
monuments, bench marks, triangulation points, and stations shall be preserved in their precise
location; and it shall be the responsibility of the subdivider-developer to insure that these
markers are maintained in good condition during construction and development. All section,
quarter section, and sixteenth section covers shall be duly described and tied.
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Subd. 2: Land Suitability for Subdivision. The City Council, following consultation with
the Planning Commission, must find each lot created through subdivision suitable for land
subdivision in its normal state for the proposed use with minimal alteration. Suitability analysis
by the City shall consider flooding, existence of wetlands, inadequate drainage, steep slopes,
rock formations or other features with severe limitations for development, severe erosion
potential, steep topography, important fish and wildlife habitat, near-shore aquatic conditions
unsuitable for water-based recreation, presence of significant historic sites or any other feature of
the natural land likely to be harmful to the safety, welfare or general health of future residents, or
land which could not be adequately served by utilities or other public facilities or public access;
such land shall not be subdivided unless adequate methods are provided for overcoming such
conditions; or the land is platted as outlots.
Subd. 3: Preservation of Natural Features. The governing body reserves the right to
deny approval of a plat if due regard is not shown for the preservation of all natural features such
as large trees, watercourses, scenic points, historical spots and similar community assets which,
if preserved, will add attractiveness, stability and value to the property.
Subd. 4: Land Subject to Flooding. No plat shall be approved for any subdivision which
covers an area subject to periodic flooding or which is otherwise poorly drained unless the
subdivider-developer agrees to make improvements which will, in the opinion of the City
Council, make the area completely safe for occupancy, and provide adequate street and lot
drainage and conform to applicable regulations of other agencies such as the U.S. Corps of
Engineers and the Department of Natural Resources. In addition, such plats may not be
approved if the cost of providing essential services to protect the flood plain area would impose
an unreasonable economic burden upon the City.
Subd. 5: Land Descriptions, Minnesota Coordinate System Zones. As established for
use in the Central Zone, the Minnesota Coordinate System of 1927 or the Minnesota Coordinate
System of 1983 shall be named, and in any land description in which it is used it shall be
designated the “Minnesota Coordinate System of 1927, Central Zone” or the “Minnesota
Coordinate System of 1983, Central Zone.” The National Ocean Survey/National Geodetic
Survey definitions for the Minnesota Coordinate System, Central Zones, as identified in Mn.
Stat. 505.22 are hereby adopted by reference.
Subd. 6: Conveyance by Metes and Bounds. No conveyance of land in which the land
conveyed is described by metes and bounds, or by reference to an unapproved registered land
survey made after the effective date of Laws, 1961, Chapter 626, shall be made or recorded
unless the parcel described in the conveyance meets one of the three following standards (items
A-C). The City may refuse to take over tracts as streets or roads or to improve, repair, maintain
any tracts which have been subdivided in this manner. Unless:
a) Was a separate parcel of record at the effective date of this Ordinance, or
b) Was the subject of a written recorded agreement to convey that which was entered
into prior to such a date, or
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c) Is a single parcel of land not less than two and one half acres in area and 150 feet
in width.
Section 540.08: SHORELAND/FLOOD PRONE LANDS.
Subd. 1: Warning and Disclaimer of Liability for Flooding. This Ordinance does not
imply that areas outside flood plain areas or land uses permitted within such districts will be free
from flooding or flood damages. This Ordinance shall not create liability on the part of the City
of St. Joseph or any officer or employee thereof for any flood damages that result from reliance
on this Ordinance or any administrative decisions lawfully made hereunder. No responsibility or
liability shall arise from the design or operation of subdivision drainage facilities dedicated to the
City of St. Joseph until the City has accepted such dedication.
Subd. 2: Subdivision Flooding and Flood Control. No land shall be subdivided if the
City Council finds the land unsuitable for subdividing due to flooding and/or inadequate
drainage, water supply, or sewage treatment facilities in accordance with this Ordinance and the
Zoning Ordinance. Any building sites on lots within the flood plain district shall be at or above
the regulatory flood protection elevation in accordance with this Ordinance and the Zoning
Ordinance. All subdivisions shall have water supply and sewer disposal facilities that comply
with the provisions of this Ordinance and any applicable building, health or safety codes,
including the Minnesota State Building Code. All subdivisions shall have road access both to the
subdivision and to the individual building sites no lower than two (2) feet below the regulatory
flood protection elevation. Each of the above requirements shall take into consideration the 100-
year flood profile and other supporting material data in the Special Flood Hazard Boundary Map,
Flood Insurance Study and/or the Flood Insurance Rate Map.
Subd. 3: Public Utilities. All public utilities and facilities such as gas, electrical,
telephone, sewer, and water supply systems to be located in the flood plain shall be elevated or
floodproofed in accordance with the Minnesota State Building Code to an elevation no lower
than the regulatory flood protection elevation, in accordance with state and federal agency
regulations and the City’s Zoning Ordinance Shoreland Overlay District.
Subd. 4: Public Transportation Facilities. Railroad tracks, roads and bridges to be located
within the Shoreland Overlay District, as defined by the City Zoning Ordinance, shall comply
with this Ordinance and the Zoning Ordinance. Elevation to the regulatory flood protection
elevation shall be provided where failure and interruption of these transportation facilities would
result in danger to the public health or safety or where such facilities are essential to the orderly
functioning of the area. Minor or auxiliary railroad tracks, roads, or bridges may be constructed
at a lower elevation where failure or interruption of transportation services would not endanger
the public health or safety and as long as such construction is in accordance with the rules and
regulations of the Minnesota Department of Natural Resources or other state agencies; the
Federal Emergency Management Agency or other federal agencies; and/or the City Zoning
Ordinance Shoreland Overlay District.
Section 540.09: MINOR/ADMINISTRATIVE SUBDIVISIONS/CONSOLIDATION.
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Subd. 1: Applicability/Purpose. This section is established to provide for administrative
approval of subdivisions that meet specified criteria and for the waiver of standard platting
requirements specified elsewhere in this Ordinance. It is intended largely to facilitate the further
division of previously platted lots, the combination of previously platted lots into fewer lots, or
for the adjustment of a line by the relocation of a common boundary.
Subd. 2: Application, Content and Data Requirements.
a) Any person having a legal or equitable interest in a property may file an
application for administrative subdivision. An application for minor subdivision
shall be filed with the Zoning Administrator on an approved.
b) The requested minor subdivision shall be prepared by a registered land surveyor
in the form of a Certificate of Survey.
c) The data and supportive information detailing the proposed subdivision shall be
as follows:
1. Certificate of Survey. If the property affected is registered land, a
Registered Land Survey shall be required. Ten (10) copies of the survey
shall be submitted to the Zoning Administrator not less than two weeks
prior to the next Planning Commission meeting. Contents of the
Certificate of Survey shall include:
A. Scale, one inch equals fifty (50) feet or north arrow.
B. Lot sizes in square feet, prior to and after the proposed split.
C. Existing buildings and setbacks from proposed lot lines.
D. Tree cover.
E. Legal descriptions for the parcels to be created.
F. Streets and easements.
G. All encroachments.
H. Ponds, lakes, springs, rivers, wetlands, floodplains, or other
waterways bordering on or running through the subject property.
I. The boundary and legal description of any proposed easements on
the property. A drainage and utility easement at least six (6) feet in
width for interior lots, twelve (12) feet in width for corners lots
must be provided along all property lines. A drainage and utility
easement may also be required over wetland, ponds, lakes, and
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drainage channels and tributaries. Dedication of roadway
easements consistent with city, county and regional plans may also
be required.
2. Additional Information. In addition to the Certificate of survey, the
applicant shall submit:
A. A special assessment search.
B. Property owners’ names and addresses and proof of ownership.
C. Zoning of all affected parcels.
D. Additional information determined necessary by the Zoning
Administrator to ensure compliance with city requirements.
Subd. 3: Review and Findings Required for Approval. The Zoning Administrator shall
review all applications for administrative subdivision/consolidation to determine compliance
with the standards identified in this section and all other pertinent requirements within this
Ordinance. Upon written approval of the request, the developer shall be responsible for filing the
subdivision survey with the County’s Recorder’s office. Should the request be denied, the
Zoning Administrator shall notify the developer, in writing, of the reasons for such denial. In
order for the Zoning Administrator to grant approval for a proposed administrative subdivision,
each of the provisions shown below must be met:
a) The proposed subdivision of land will not result in more than two (2) lots.
b) All necessary utility and drainage requirements are fulfilled and easements are
provided for.
c) All lots to be created by the subdivision conform to lot area and width
requirements.
d) All lots meet the City of St. Joseph Zoning Ordinance
e) The proposed administrative subdivision is in compliance with the
Comprehensive Plan.
f) Lots created have direct access onto a public street.
g) The property has not been divided through the provisions of this section within
the previous five (5) years.
h) The subdivision meets all design and dedication standards as specified elsewhere
in this Ordinance.
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i) All basic improvements required by this Ordinance are installed in accordance
with City standards.
j) No parcel of land or portion thereof shall result in buildings and/or uses becoming
non-conforming.
Subd. 4. Conditions. The City may impose such conditions on any proposed
administrative subdivision that are deemed reasonable and necessary to protect the public interest
and to ensure compliance with the provisions of this ordinance including, but not limited to, the
following:
a) The developer shall provide required utility and drainage easements for all newly
created lots and be responsible for the cost of filing and recording written
easements with the County Recorder’s Office.
b) The developer shall pay parkland dedication fees for each lot created beyond the
original number of lots existing prior to subdivision, except when such fees have
been applied to the property as part of a previous subdivision.
c) That there will be no more than one principal structure on a base lot in all
residential districts. The principal structure on the unit lots created in a two-
family, townhouse or quadraminium subdivision will be the portion of the
attached dwelling existing or constructed on the platted unit lots.
d) In the case of the subdivision of base lots containing two-family, townhouse or
quadraminium lots, wherein the purpose is to permit individual private ownership
of a single dwelling within such a structure, a property maintenance and party
wall agreement be provided by the applicant and submitted to the City Attorney
for review and comment, ensuring the maintenance and upkeep of the structure
and the lots to meet minimum City standards with the agreement filed as a deed
restriction against the title of each unit lot.
e) Separate public sewer and water services shall be provided to each subdivided
unit and shall be subject to the review and approval of the City Engineer.
f) In the case of the subdivision of base lots containing two-family, townhouse or
quadraminium lots, wherein the purpose is to permit individual private ownership
of a single dwelling within such a structure, verification of fire walls in
compliance with the building code provided by a certified building inspector at
the expense of the applicant.
Subd. 5: Other Minor Subdivisions. All other Minor Subdivision requests shall be
approved by resolution of the City Council following consultation with the Planning
Commission.
Subd. 6: Recording. If the minor subdivision is approved by the Zoning Administrator,
the applicant shall record the Certificate of Survey with the Stearns County Recorder’s office
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within sixty (60) days after the date of approval, otherwise the approval of the administrative
subdivision shall be considered void.
Section 540.10: COMMON INTEREST COMMUNITIES.
Subd. 1: Approval. A Common Interest Community shall be evaluated and considered
for approval in the same manner as a standard plat and shall be subject to the site coverage
standards contained within the City of St. Joseph Zoning Ordinance.
Subd. 2: Requirements. Common Interest Communities shall be subject to all use,
residential density, setback and height requirements of the applicable zoning district and any
other applicable standard contained in the City of St. Joseph Zoning Ordinance.
Subd. 3: Conversions of CIC’s. The conversion of existing common interest
communities, resorts, manufactured home parks or other similar types of developments from
privately owned structures on leased or rented land, or the division of several commonly owned
structures on a single parcel of land to individually owned parcels containing separate structures,
shall be by a standard plat pursuant to the requirements of this Ordinance and the applicable
requirements of Minnesota Statutes, Chapter 515A and Chapter 515B, or successor statutes, and
shall be further subject to the following:
a) Sewage Treatment. When considering approval of conversions the Planning
Commission shall consider the development as a whole, relative to the provision
for sewer and on-site sewage treatment systems, and shall require connections to
the municipal system where they are available. In areas where municipal services
are not available, design plans shall be presented and approved for a community
wastewater treatment system as an integral element of the Common Interest
Community approval. A timeline to implement the approved wastewater
treatment plan and/or eliminate all identified failing sewage treatment systems
shall be established by a subdivision or development agreement.
b) Conformity. The developer shall make every effort to minimize the degree of
nonconformity with existing lot and area requirements and setback requirements.
Lot lines shall be arranged to provide the largest possible setbacks between
structures that will become the principal structures on the newly created lots.
Accessory buildings shall be moved or removed when and where possible to
create the lowest, most uniform density possible.
c) Density. The conversion shall not result in an increase in residential density,
unless the residential density requirements of the applicable zoning district are
met.
Subd. 4: Unified and Efficient Use of Space. To the extent possible, the common open
space, individual properties and other elements of the common interest community shall be so
planned that they will achieve a unified scheme of planning and efficient distribution of uses.
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Subd. 5: Special Conditions for Shoreland Areas.
a) Inconsistencies between existing features of development and those required by
this ordinance and the Zoning Ordinance shall be identified. However, existing
dwelling unit or dwelling site densities that exceed standards of the Zoning
Ordinance may be allowed to continue but must not be allowed to be increased
either at the time of conversion or in the future. Efforts must be made during the
conversion to limit impacts of high densities by requiring seasonal use, improving
vegetative screening, centralizing shore recreation facilities, installing new
sewage treatment systems or by other means.
b) Deficiencies involving structure color, impervious coverage, open space and
shore recreation facilities must be corrected as part of the conversion.
c) Shore and bluff impact zone deficiencies must be evaluated and reasonable
improvements made as part of the conversion. These improvements must include,
where applicable, the following:
1. Removal of extraneous buildings, docks or other facilities that no longer
need to be located in shore or bluff impact zones.
2. Remedial measures to correct erosion sites and improve vegetative cover
and screening of buildings and other facilities as viewed from the water.
3. If existing dwelling units are located in shore or bluff impact zones,
conditions are attached to approvals of conversions that preclude exterior
expansions in any dimension or substantial alterations. The conditions
must also provide for future relocation of dwelling units, where feasible to
other locations, meeting all setback and elevation requirements when they
are rebuilt or replaced.
Section 540.11: PREMATURE SUBDIVISIONS.
Subd. 1: Any preliminary plat of a proposed subdivision deemed premature for
development shall be denied by the City Council.
Subd. 2: A subdivision may be deemed premature should any one or more of the
conditions set forth in the following provisions exist:
a) Lack of Adequate Drainage. Factors to be considered in determining a lack of
adequate drainage shall include, but shall not be limited to: average rainfall for the
area; the relation of the land to flood plains; the nature of soils and subsoils and
their ability to adequately support surface water runoff and waste disposal
systems; the slope of the land and its effect on effluents; and the presence of
streams as related to effluent disposal. A condition of inadequate drainage shall
be deemed to exist if:
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1. Surface or subsurface water retention/detention and runoff is such that it
constitutes a danger to the structural security of the proposed
development, or flood of the subdivision or downstream property.
2. The proposed subdivision will cause pollution of water sources or damage
from erosion and siltation on downhill or downstream land.
3. The proposed site grading and development will cause siltation on
downstream land.
b) Lack of Adequate Water Supply. A proposed subdivision shall be deemed to lack
an adequate water supply if the proposed subdivision does not have adequate
sources of water or treatment capacity to serve the proposed subdivision if
developed to its maximum permissible density without causing an unreasonable
depreciation of existing water supplies for surrounding areas.
c) Lack of Adequate Roads or Highways to Serve the Subdivision. A proposed
subdivision shall be deemed to lack adequate roads or highways to serve the
subdivision when:
1. Roads which serve the proposed subdivision are of such a width, grade,
stability, vertical and horizontal alignment, site distance and surface
condition that an increase in traffic volume generated by the proposed
subdivision would create a hazard to public safety and general welfare, or
aggravate an already hazardous condition, and when, with due regard to
the advice of the City Engineer, Stearns County Highway Engineer and/or
the Minnesota Department of Transportation, said roads are inadequate for
the intended use; or
2. The traffic volume generated by the proposed subdivision would create
unreasonable traffic congestion or unsafe conditions on highways existing
at the time of the application or proposed for completion within the next
two (2) years.
d) Lack of Adequate Waste Disposal Systems. A proposed subdivision shall be
deemed to lack adequate waste disposal systems if:
1. In subdivisions for which sewer lines are proposed, there is inadequate
sewer capacity in the present system to support the subdivision if
developed to its maximum permissible density indicated in the St. Joseph
Comprehensive Plan, as may be amended.
2. Soil tests, drain field areas or other such factors relating to on-site waste
disposal systems are judged as inadequate for the use proposed.
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e) Providing Public Improvements/Protective Services. If public improvements,
such as recreational facilities, streets and utilities, reasonably necessitated by the
subdivision, which must be provided at public expense, and/or public protection
services such as police, fire and emergency medical service cannot be provided
within the next two (2) fiscal years.
f) Threat to Environmentally Essential Areas. The proposed subdivision is
inconsistent with policies and standards of the City, the County, the State, or
Federal Government relating to environmentally sensitive areas and protections.
g) Inconsistency With Comprehensive Plan. The proposed subdivision is
inconsistent with the purposes, objectives and recommendations of the duly
adopted Comprehensive Plan of St. Joseph, as may be amended.
Subd. 3: The burden shall be upon the applicant to show that the proposed subdivision is
not premature.
Section 540.12: DISQUALIFICATION/DENIAL OF PLATS.
Subd. 1: The City Council may deny the subdivision if it makes any one or more of the
following findings:
a) That the proposed subdivision is in direct conflict with adopted applicable general
and specific comprehensive plans of the City, County, or Region.
b) That the physical characteristics of the site, including but not limited to
topography, percolation rate, soil conditions, susceptibility to erosion and
siltation, susceptibility to flooding, water storage, drainage and retention, are such
that the site is not suitable for the type of development, design, or use
contemplated.
c) That the site is not physically suitable for the proposed density of development.
d) That the design of the subdivision or the type of improvements are likely to cause
serious public health problems.
e) That the design of the subdivision or the proposed improvements are likely to
cause substantial environmental damage.
f) That the design of the subdivision or the type of improvements will conflict with
easements of record or with easements established by judgment of a court.
g) That the proposed subdivision, its site, or its design adversely affects the flood-
carrying capacity of the floodway, increases flood stages and velocities, or
increases flood hazards within the floodway fringe or within other areas of the
City.
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h) The proposed subdivision is inconsistent with the policies and standards of the
State-defined Shoreland Districts and Wetland Districts.
Section 540.13: PLATTING REVIEW PROCEDURES.
Subd. 1: Sketch Plan/Pre-Application Meeting.
a) Purpose. The purpose of the Sketch Plan/Pre-Application Meeting is to provide
advice and assistance to the subdivider-developer as a means of saving time,
effort and financial resources, and to facilitate approval of the preliminary plat.
b) Pre Application Meeting. Prior to the submission of any preliminary plat the
subdivider-developer shall meet with the Zoning Administrator, Public Works
Staff, City Engineer and other staff/consultants/utility representatives as
warranted to introduce the proposed subdivision, to receive information on
platting requirements and to determine the relationship of the proposed
subdivision with the Comprehensive Plan, City Ordinances and City
policies/procedures for the subject area. The Zoning Administrator may opt to
refer the sketch plan to the Planning Commission. As far as may be practical on
the basis of a sketch plan, the City will informally advise the developer as
promptly as possible of the extent to which the proposed subdivision conforms to
the standards of this Ordinance, the Zoning Ordinance and the Comprehensive
Plan and will discuss possible plan modifications necessary to secure
conformance.
c) Required Materials. At least twenty-one (21) days prior to the pre-application
meeting or at subsequent informal review with the Planning Commission (if
referred by the Zoning Administrator) the subdivider-developer shall submit three
(3) large-scale copies and ten (10) reduced scale (11” x 17”) copies of a general
sketch plan of the proposed subdivision and preliminary proposals for essential
services. The sketch plan shall be presented in simple form showing any zoning
changes which would be required, and showing that consideration has been given
to existing community facilities that would serve it, to neighboring subdivisions
and development, to the topography of the area, and to plans for the area. The
Zoning Administrator shall distribute copies of the sketch plan to all interested
City staff/consultants as warranted for review and comment prior to the meeting.
d) Sketch Plan Review Declared ‘Informal’. Such sketch plans will be considered as
submitted for informal and confidential discussion between the developer and the
City. Submission of a sketch plan shall not constitute formal filing of a plat with
the City. The City shall arrange a pre-application meeting with the developer, the
City Engineer, Public Works Staff, City Planner and other departments deemed
necessary in order to provide the developer with input on the proposed sketch
plan. The Planning Commission and City Council may also review the sketch
plan and provide advice at the discretion of the Zoning Administrator. Such
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informal review by the Planning Commission and/or City Council shall be a
matter of public record, however, any advice, comments or recommendations or
modifications suggested by the City or the Planning Commission are advisory
only and shall not constitute approval or a commitment to approve.
Subd. 2: Ghost Plat (Build-Out Plan) Required.
a) A build out plan (ghost plat) shall be required for the following subdivision
applications:
1. Whenever a parcel of land is subdivided and the subdivision plat shows
one or more lots or outlots that may eventually be subdivided into smaller
lots.
2. Whenever a developer or property owner is platting only a portion of the
property in which they have title to or a legal interest in and the balance of
the unplatted property is adjacent to the subject property, a build out plan
of the entire area shall be submitted.
3. Cluster subdivisions or open space design subdivisions that preserve open
space for future development.
b) Design Requirements. The build out plan (ghost plat) shall illustrate the
following:
1. Lot design consistent with the long term planning for the area
(Comprehensive Plan).
2. The layout of future streets. Local streets shall be planned to provide
street connections to adjoining parcels, neighborhoods, or future
development open spaces as a means of discouraging the reliance on
County and State roads for local trips.
3. Easement locations for utilities and storm water drainage.
4. Locations of building pads on the lots to accommodate future subdivision.
5. The build out plan may be required to provide information demonstrating
how public utilities may be extended to the subdivision to accommodate
future urban development.
Subd. 3: Preliminary Plat Approval.
a) There will be required a cash fee in an amount established by City Council. This
fee will be used for expenses in connection with approval or disapproval of said
plat and any final plat which may thereafter be submitted.
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b) The City may require an escrow deposit for a subdivision for the purpose of
technical and legal review of the proposed plat. The amount of said escrow
deposit is to be determined by the City Council based upon anticipated cost of
review. Such escrow deposit when required will be over and above the fee
required in this Ordinance. Escrow amounts indicated may not limit the City’s
analysis of the proposed plat, nor the subdivider-developer's liability to pay for
each technical or legal review.
c) The subdivider-developer shall engage a registered land surveyor, or engineer to
prepare a preliminary plat of the area to be subdivided. The preliminary plat shall
be drafted in compliance with applicable standards of this Ordinance.
d) The subdivider-developer shall apply for preliminary plat consideration on the
form supplied by the City of St. Joseph. The application will not be considered
complete until all requirements are satisfied. The subdivider-developer and/or the
developer’s assigns shall be responsible for completing the required application
and submitting all necessary materials.
e) Subdivider-developer shall review proposed utility easements with utility
companies and submit letters thereof from each company.
f) The subdivider-developer shall submit sixteen (16) reduced scale (11” x 17”)
copies, three (3) large-scale copies, and an electronic version of the Preliminary
Plat and supportive information in conformity with the requirements of this
Ordinance to the Zoning Administrator at least twenty-one (21) days prior to the
public hearing considering the Preliminary Plat. The subdivider-developer shall
include a written statement along with the Preliminary Plat describing the
proposed subdivision. The written statement shall include the anticipated
development schedule, a table showing total number of lots and sizes, utilization
of existing natural features and vegetation, etc.
g) Upon receipt of the completed application, preliminary plat, together with any
necessary materials and fees, the Zoning Administrator or his/her designee shall
set a public hearing for public review of the preliminary plat by the Planning
Commission. Notice of the hearing shall be in accordance with Minnesota
Statutes 462.357, Subd. 3 and 462.353, Subd. 3b. The Zoning Administrator shall
submit copies of the Preliminary Plat to City Department Heads, the City
Engineer, the City Attorney, other City departments heads as appropriate, the
County Engineer if the plat borders a county road, the Department of Natural
Resources and Sauk River Watershed District if within the Shoreland Overlay
District and the District Engineer of the Minnesota Highway Department if the
plat borders a Federal, State or a State Aid Highway.
h) The Zoning Administrator shall instruct the staff as appropriate to prepare
technical reports and provide general assistance in preparing a recommendation
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on the action to the Planning Commission and City Council. This may include the
City Engineer, Building Official, City Attorney, and public or private utility
departments, among others. The presence of any of the above, which may be
considered an employee of the City, will not preclude the City from obtaining a
recommendation from an independent contractor performing similar duties and
responsibilities if, in the opinion of the Zoning Administrator, the independent
contractor possesses a set of skills and abilities required for a fair evaluation of
the request.
i) Planning Commission Review.
1. The Planning Commission, City Council and City staff shall have the
authority to request additional information from the applicant concerning
the proposed subdivision and its operational factors or impact, or to retain
expert testimony with the consent and at the expense of the applicant
concerning operational factors or impacts, when said information is to be
declared necessary to establish performance conditions in relation to all
pertinent sections of this Ordinance. Failure on the part of the applicant to
supply all necessary supportive information may be grounds for denial of
the request.
2. The Planning Commission shall hold a public hearing on the Preliminary
Plat within forty-five (45) days of its filing date and the Administrator will
publish notice of the time and place thereof in the official newspaper and
send notice to property owners within 350 feet of the exterior boundary of
the proposed plat. In addition, the developer shall submit to the Zoning
Administrator the names and addresses of said property owners. Notices
will be made at least ten (10) days prior to the day of such hearing. Failure
of a property owner to receive said notice shall not invalidate any such
proceedings as set forth within this Section provided a bona fide attempt
has been made to comply with the notice requirements of this Section. A
Planning Commission meeting may serve as a public hearing provided the
legal requirements pertaining to the same are met.
3. At the public hearing, the subdivider-developer and all interested persons
shall have the opportunity to be heard. The Planning Commission, at the
public hearing, shall recommend to the City Council one of the following
courses of action:
A. Recommend approval of the preliminary plat, as presented.
B. Recommend approval of the preliminary plat, with conditions.
C. Recommend denial of the preliminary plat, with reasons.
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4. The Planning Commission may, at its discretion table the matter pending
further information from the applicant that will help it render a
recommendation to the City Council. The Zoning Administrator shall
then prepare a written report indicating the Planning Commission’s
recommendation of approval, disapproval or approval with conditions and
submit it to the City Council along with a copy being sent to the
subdivider-developer within fourteen (14) days of the public hearing.
5. The subdivider-developer shall be notified by the Zoning Administrator of
the Planning Commission’s recommended action together with the reason
for such recommended action and what requirements, if any, will be
necessary for the Planning Commission to recommend approval of the
Plat. The recommended approval of the Preliminary Plat does not
constitute an acceptance of the subdivision.
j) City Council Action.
1. Prior to consideration of the Preliminary Plat by the City Council, the
subdivider-developer shall submit an additional two (2) full size, four (4)
11” x 17” copies, and an electronic version of the Preliminary Plat for
Council review at least seven (7) days prior to Council consideration.
2. The reports and recommendations of City staff and the Planning
Commission shall be entered in and made part of the permanent written
record of the City Council meeting.
3. The Council shall approve or disapprove the preliminary plat within 120
days following delivery of an application completed in compliance with
this Ordinance unless an extension of the review period has been has been
approved.
4. If the preliminary plat is not approved by the City Council, the reasons for
such action shall be recorded in the proceedings of the Council and shall
be transmitted to the applicant. If the preliminary plat is approved, such
approval shall not constitute final acceptance of the design and layout.
Subsequent approval will be required of the engineering proposals and
other features and requirements as specified by this Ordinance to be
indicated on the final plat. The City Council may impose such conditions
and restrictions as it deems appropriate or require such revisions or
modifications in the preliminary plat or final plat as it deems necessary to
protect the health, safety, comfort, general welfare and convenience of the
City.
5. The City Council reserves the right to decline approval of a preliminary
plat if: due regard is not shown for the preservation of all natural features,
such as topography, trees, water courses, scenic points, prehistoric and
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historical spots, and similar community assets which, if preserved, will
add attractiveness and stability to the proposed development of the
property and/or the standards of this Ordinance are not met.
6. The subdivider-developer shall be notified by the City Administrator of
the City Council’s action together with the reason for such action and what
requirements will be necessary to meet approval of the City Council. The
approval of the Preliminary Plat does not constitute an acceptance of the
subdivision, but is deemed to be an authorization to proceed with the
preparation of the final plat.
Subd. 4: Final Plat Approval.
a) Following City Council approval of a preliminary plat, the applicant must submit
a final plat to the City within one year of preliminary approval unless otherwise
specified as part of a Development Agreement. If this procedure is not followed,
then approval of the preliminary plat shall be considered void, unless the
applicant submits a request for time extension in writing thirty (30) days prior to
the lapse of approval and subsequently approved by the City Council.
b) The owner shall engage a registered land surveyor to prepare a Final Plat which
shall constitute that portion of the Preliminary Plat which the owners propose to
record and develop at the time. The scale of the Final Plat shall be not less than
one (1) inch to one hundred (100) feet and shall comply with all conditions and
requirements of applicable regulations and all conditions and requirements upon
which the preliminary plat approval is conditioned either through performance or
the execution of appropriate agreements assuring performance.
c) The owner shall submit a completed application, the required fee established by
the City Council, all required materials and sixteen (16) reduced scale (11” x 17”)
copies, three (3) large-scale copies, and an electronic version of the Final Plat to
the Zoning Administrator at least twenty-one (21) days before the Planning
Commission meeting at which such Plat is to be considered. The Planning
Commission at their discretion may require their review and make a
recommendation to the City Council or allow such plat to go directly to the City
Council. The owner shall also submit a title opinion disclosing title to the property
and any interests of other parties in the property.
d) Upon receipt of the completed application, the Zoning Administrator shall
transmit one (1) copy of the Final Plat to each Department Head, the City
Engineer, the City Attorney and other staff/consultants as warranted for comment.
e) The Zoning Administrator, Department Heads, the City Engineer, City Attorney
and any other staff/consultants consulted shall review the Final Plat and shall
transmit a report of his opinions to the Zoning Administrator at least ten (10) days
prior to the meeting at which such Plat is to be considered.
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f) The Zoning Administrator shall formulate a report and deliver the report and a
copy of all required materials and a copy of the final plat to the City Council.
g) City Council Consideration. The City Council shall act upon the Final Plat within
sixty (60) days after the final plat is filed with the City. The Administrator shall
notify the applicant of the City Council's action within ten (10) days following the
action. If the municipality fails to certify final approval as so required, and if the
applicant has complied with all conditions and requirements, the application shall
be deemed finally approved, and upon demand the municipality shall execute a
certificate to that effect.
h) Release of Plat for Recording. The final plat shall not be released by the City for
recording with the County Recorder’s Office until the following have been
completed:
1. The recording of signatures upon the plat as specified in this Ordinance.
2. The recording of signatures upon the developer’s agreement.
3. The submittal of necessary financial guarantees and development fees to
the City.
4. The provision of easements or deeds as may be required by the City for
trailways, ponding, parks, utilities or similar purposes in a form prescribed
by the City Attorney.
5. Final evidence of Title ownership.
i) Recording of Final Plat. The owner, applicant and/or subdivider-developer shall
file the approved Final Plat with the County Recorder within one hundred and
eighty (180) days, unless otherwise determined and indicated within the executed
development agreement. A certified mylar copy of the plat evidencing filing of
the plat with the County shall be supplied to the City within thirty (30) days of
recording. No building permits shall be approved for construction of any structure
on any lot in said plat until the City has received evidence of the plat being
recorded by Stearns County and conditions of the Development Agreement have
been met. In addition to the above requirements, the owner shall file with the
Zoning Administrator four full sized completely executed mylar of the Final Plat,
two full sized blue line copies of the Final Plat, and one reduced mylar of the lot
and block layout at a size of eleven inches by seventeen inches (11" x 17"). The
applicant shall provide an electronic copy of the approved final plat in a format
acceptable to the City and consistent with the Stearns County coordinate system.
Subd. 5: Should the applicant desire to amend a Preliminary Plat as approved, an
amended Preliminary Plat may be submitted. The City may require the applicant to follow the
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same procedure as a new preliminary plat. No public hearing will be required unless the
amendment, in the opinion of the City Council, is of such scope as to constitute a new
preliminary plat. A filing fee as established by the City shall be charged for the amendment
processing.
Section 540.14: PLAT DATA REQUIREMENTS.
Subd. 1: Preliminary Plat Requirements. The Preliminary Plat shall contain the
following information:
a) General Information.
1. Proposed name of subdivision. Names shall not duplicate or too closely
resemble names of existing subdivisions.
2. Location of boundary lines in relation to section, quarter section or quarter
quarter section lines and any adjacent corporate boundaries, comprising a
legal description of the property.
3. Names and addresses of the developer and the designer making the Plat.
4. Scale of plat, not less than one (1) inch to one hundred (100) feet. Scale of
plat (the scale to be shown graphically and in feet per inch).
5. Date and north point.
6. Date of preparation.
7. The legal description of the land contained within the subdivision
including the total acreage of the proposed subdivision.
8. An indication as to which lands are registered Torrens property or abstract
property. If land is registered property, a registered land survey shall be
required.
9. Existing and proposed covenants, liens or encumbrances.
10. Elevation benchmarks used for the topographic survey and datum on
which they are based.
11. Reference to the coordinate system use for the survey.
12. Results of site evaluation, including percolation tests and soil borings.
b) Existing conditions.
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1. Boundary lines to include bearings, distances, curve data, and total
acreage of proposed plat, clearly indicated.
2. Existing zoning classifications for land in and abutting the subdivision.
3. Total area of the proposed plat
4. Location, width and name of each existing or platted street or other public
way, railroad and utility right of ways, public and private easements, parks
and other public open spaces, and permanent buildings, within and
adjacent to the proposed subdivision. Where a street is improved, the
location, type, and width of the improved section shall be shown.
5. All existing utilities, both overhead and underground within and adjacent
to the plat.
6. Sanitary sewers, storm sewers and culverts, including manhole invert and
top casting elevations, culvert entrance and outlet elevations, and pipe
sizes and locations. Water mains including hydrant locations and pipe
sizes.
7. Overhead and underground electrical, telephone, and gas lines. Manholes,
pedestals, and similar appurtenances shall be shown.
8. Names of adjacent subdivisions and owners of adjacent parcels of
unsubdivided land, within one hundred fifty (150) feet, including all
contiguous land owned or controlled by the applicant.
9. Topography with contour intervals of not more than two (2) feet related to
USGS Datum. Topographic maps developed from aerial topography shall
be verified with spot elevations taken in the field; a minimum of four spot
elevations taken at the outer limits of the plat (four corners) shall be
required along with one additional elevation for each five acres of area to
be covered by the plat. Topography shall include the location and limits
of water courses, marshes, low wet areas, drainage ways, bodies of open
water including the highest known water level, ravines, quarries, bridges,
culverts and other surface structures, wooden areas, rock out crops, and
other natural features as may be pertinent to the subdivision.
10. The City may require additional topographic data on the area to be platted
or on surrounding properties where necessary to properly evaluate
drainage considerations.
11. Subsurface conditions on tracts for subdivisions utilizing individual water
and sewage disposal systems; location and results of tests to ascertain
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subsurface soil, rock and groundwater conditions and availability; location
and results of soil percolation tests.
12. One hundred (100)-year flood elevations, the regulatory flood protection,
and boundaries of floodway and flood fringe areas, if known, taking into
consideration the Flood Hazard Boundary Map or Flood Insurance Study
and Flood Insurance Rate Map.
13. A statement certifying the environmental condition of the site including
the presence of any hazardous substance as defined in Minnesota Statutes
115B.02, Subd. 8. Such statement may be required to be based upon an
environmental assessment of the site by an environmental engineering
firm acceptable to the City.
14. Geotechnical data prepared by a qualified soils engineer showing surface
and subsurface soils and groundwater in sufficient detail to show the site
to be suitable for the development proposed.
15. In shoreland overlay districts as indicated in the City’s zoning ordinance,
extent of anticipated vegetation and topographic alterations; near-shore
aquatic conditions, including depths, types of bottom sediments and
aquatic vegetation.
16. All existing survey monuments that have been found.
17. Areas in the plat which have been designated as shoreland, wetlands
and/or floodplains by the Department of Natural Resources and the City of
St. Joseph’s Shoreland Overlay District as set forth within the City’s
zoning ordinance, including the high water mark of all wetlands.
c) Proposed Development.
1. The location and width of proposed streets, roadways, alleys, pedestrian
ways and easements.
2. The location and character of all proposed public utility lines including
gas lines, power lines and telephone lines.
3. Layout numbers and dimensions of lots and a number or letter of each
block.
4. Location and size of proposed parks, playgrounds, churches, or school
sites or other special uses of land to be considered for dedication to public
use, or to be reserved by deed of covenant for the use of all property
owners in the subdivision and any conditions or such dedication or
reservation.
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5. Building set back lines with dimensions.
6. Indication of any lots on which use other than residential is proposed by
the subdivider.
7. The zoning districts, if any, on and adjacent to the tract.
8. Building pads intended for construction.
d) Park and Trail Plan. Park and trail plan pursuant to this Ordinance.
e) Supplementary Requirements. Two (2) copies of each of the following submittals
shall accompany the Preliminary Plat:
1. Plan and profile sheets showing the layout of each street, the existing
centerline surface grades, proposed centerline grades including gradients,
PVI locations and elevations, and length of vertical curves. Existing
grades may be developed from the topographic map.
2. Typical sections for each different street type. Sections shall show the
width of the paved surface (distance between gutter lines where concrete
curb and gutter is to be provided), street crown, boulevard width and slope
in cut and fill sections, and back slopes in cut and fill sections. The full
section shall show grading to each property line.
3. A "drainage and utility plan" showing the approximate location and
proposed size of sanitary sewers, water mains, and facilities for handling
surface runoff (storm sewers, detention or retention facilities, ditches or
swales, culverts, etc.). The plan shall be drawn on a reproducible copy
(mylar) of the Preliminary Plat complete with all topographic information.
Proposed manhole inverts shall be shown for sanitary and storm sewers
along with the invert elevations of culvert entrances and outlets. If a lift
station is contemplated for the sanitary sewer system, the service area shall
be delineated on a vicinity map provided separately or inset on the plat.
Where detention or retention facilities are contemplated, their location and
approximate size shall be shown on the plan; before the final plat is
accepted, a detailed preliminary design must be provided for the ponds or
basin as set forth elsewhere herein. The land used for construction of a
detention or retention facility shall not overlap the minimum area required
to plat the lot.
4. A vicinity map at a legible scale (one (1) inch equals one thousand (1,000)
feet or larger) shall be provided separately or inset on the Preliminary Plat.
The map shall show the surrounding area within one half mile of the
proposed plat in all directions, shall show the arterial and collector streets
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near the proposed plat, and shall show utility connections too remote to be
shown on the Preliminary Plat.
5. The applicant shall supply proof of title and the legal description of the
property for which the subdivision is requested, consisting of an abstract
of title or registered property abstract currently certified together with any
unrecorded documents whereby the petitioners acquire a legal ownership
or equitable ownership interest and as applicable, supply documented
authorization from the owner(s) of the property in question to proceed
with the requested subdivision.
6. Landscape plan.
7. The location of any wetlands lying within the proposed plat.
8. The applicant shall submit any necessary and requested applications for
variances from the provisions of this Ordinance and the St. Joseph Zoning
Ordinance as set forth in the St. Joseph Zoning Ordinance.
9. Additional data may be required when, in the opinion of the City, it is
necessary to make a proper determination of site suitability for the type of
development intended, or when the City or property owners outside of the
area to be platted may incur costs for improvements generated by
development. Such additional data may include, but not be limited to:
soil surveys and borings, water table determinations, location of flood
plain or flood fringe areas, additional drainage analyses, estimates of costs
for proposed improvements, and other data as the City may require.
f) The preliminary plat application shall be considered as being officially submitted
only when deemed complete by the City in conformance with required application
materials, information requirements, supporting documentation and appropriate
fee paid.
Subd. 2: Final Plat Requirements. The Final Plat shall contain the following
information:
a) The Final Plat prepared for recording purposes shall be prepared in accordance
with provisions of State Statutes and County regulations.
b) General Requirements.
1. Name of subdivision (not to duplicate or too closely approximate the name
of any existing subdivision).
2. Location by Section, Township, Range, County and State, and including
descriptive boundaries of the subdivision, based on an accurate traverse,
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giving angular and linear dimensions which must mathematically close.
The allowable error of closure on any portion of a Final Plat shall be one
(1) foot in five thousand (5000) feet.
3. The location of monuments shall be shown and described on the Final
Plat. Locations of such monuments shall be shown in reference to existing
official monuments or the nearest established street lines, including true
angles and distances to such reference points or monuments. Permanent
markers shall be placed at each corner of every block or portion of a
block, points of curvature and points of tangency on street lines, and at
each angle point on the boundary of the subdivision. A permanent marker
shall be deemed to be a steel rod or pipe, one half (1/2) inch or larger in
diameter extending at least three (3) feet below the finished grade. In
situations where conditions prohibit the placing of markers in the locations
prescribed above, off set markers will be permitted. The exact location of
all markers shall be shown on the Final Plat, together with accurate
interior angles, bearings and distances. Permanent monuments shall be
placed at all quarter section points within the subdivision or on its
perimeter.
4. Location of lots, streets, public highways, alleys, parks and other features,
with accurate dimensions in feet and decimals of feet, with the length of
radii and/or arcs of all curves, and with all other information necessary to
reproduce the plat on the ground. Dimensions shall be shown from all
angle points and points of curve to lot lines.
5. Lots shall be numbered clearly and legibly. If blocks are to be numbered
or lettered, these should be shown clearly in the center of the block. A
tabulation showing the computed area in square feet of each lot, outlot,
and park area shall be shown on the plat.
6. The exact locations, widths, and names of all streets to be dedicated.
7. Location and width of all easements to be dedicated.
8. Boundary lines and description of boundary lines of any areas other than
streets and alleys which are to be dedicated or reserved for public use.
9. Building set back lines on front and side streets with dimensions.
10. Name and address of developer and surveyor making the Plat.
11. Scale of Plat (the scale to be shown graphically and in feet per inch) date
and north point.
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12. Statement dedicating all easements as follows: Easements for installation
and maintenance of utilities and drainage facilities are reserved over,
under and along the strips marked "utility easements," "drainage
easements," or "drainage and utility easements."
13. Statement dedicating all streets, alleys and other public areas not
previously dedicated as follows: Streets, alleys and other public areas
shown on this Plat and not heretofore dedicated to public use are hereby so
dedicated.
14. Statement establishing building set back lines as follows: Building set
back lines are hereby established as shown on the accompanying plat and
no building or portion thereof shall be built between this line and a street
line.
c) Certification required on Final Plats.
1. Notarized and certification by a registered land surveyor in the form
required by Minnesota Statutes 505.03, as amended, and to the effect that
the Plat represents a survey made by the registered individual and that
monuments and markers shown thereon exist as located and that all
dimensional and geodetic details are as represented.
2. Certification showing that all taxes and special assessments due on the
property have been paid in full.
3. Execution by all owners of any interest in the land and holders of a
mortgage thereon of the certificates required by Minnesota Statutes,
505.03, as amended, and which certificate shall include a dedication of the
utility easements and other public areas in such form as approved by the
City Council.
4. Form of approval by County authorities as required by their standards.
5. Space for Certificates of Approval to be filled in by the signatures of the
Chairman of the Planning Commission and the Mayor and Administrator
of the City in the following form:
Approved by the Planning Commission of the City of St. Joseph this _____ day of
___________, 20___.
______________________________________
Chairman
ATTEST:
______________________________________”
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Secretary
Approved by the City Council of St. Joseph, Minnesota, this ____ day of
__________, 20___.
______________________________________
Mayor
ATTEST:
_________________________________________
City Administrator
d) Supplementary documents and information.
1. Copies of any private restrictions affecting the subdivision or any part
thereof.
2. Developers Agreement covering proposed improvements.
3. A preliminary design shall be submitted for any storm water detention
basin or pond contemplated in the subdivision. The submittal shall
include the design criteria used, a watershed map, approximate size of
inlet and outlet pipes, volume of water to be stored, normal ground and
water elevation and enough typical sections to enable the City to
determine what the facility will look like, what the effect on adjacent
property will be and to insure that enough land has been set aside.
4. Revised street, utility and drainage layout.
5. Financial guarantee of cash escrow or letter of credit, as provided for in
this Ordinance.
6. A complete set of construction plans containing plans and specifications to
construct the required public improvements and to make the subdivision
suitable for development, which conform to the City requirements. These
documents will be prepared by the City for projects following the publicly
financed public improvement process.
Subd. 3: Documentation required following approval.
a) Three complete sets of 11” x 17” reproducible as-built construction drawings for
any public improvements constructed in the subdivision shall be furnished to the
City for the City files and City Engineer, within one hundred twenty (120) days
after the construction is complete and approved by the City. In addition one (1)
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digital GIS formatted copy and one scanned copy for imaging shall be submitted
to the City.
b) Upon adoption and filing of a final plat, the City shall prepare a street address
map and distribute it to the applicant, utility companies, police department,
ambulance, fire department, post office and County.
c) A disk of the recorded plat in AutoCAD or other approved format for inclusion in
the City’s base map.
Section 540.15: MINIMUM DESIGN STANDARDS.
Subd. 1: General Standards.
a) Design standards shall assure that the layout of the subdivision is in harmony with
the existing adopted plans affecting the development of its surroundings and shall
be in harmony with existing development unless the proposed development is part
of a larger redevelopment plan.
b) Land which the Planning Commission finds to be unsuitable for a subdivision or a
development due to flooding, improper drainage, steep slopes, rock formations,
adverse earth formations or topography, utility easements, or other features which
will reasonably be harmful to the safety, health, and general welfare of the present
or future inhabitants of the subdivision and/or its surrounding areas, shall not be
subdivided or developed unless adequate methods are formulated by the
subdivider-developer and approved by the Planning Commission and City
Council to solve the problems created by the unsuitable land conditions. Such
land shall be set aside for uses as shall not involve such a danger.
c) The rigid rectangular grid iron street pattern need not necessarily be adhered to,
and the use of curvilinear streets and U shaped streets, typical of cluster type
subdivision layout shall be encouraged where such use will result in a more
desirable and efficient use of the land.
d) In subdivision of land, due regard shall be shown for all natural features which, if
preserved, will add attractiveness and stability to the proposed development and
which shall alter normal lot planning. Due regard shall be shown for existing
wetlands and their protection. The size of proposed lots shall take into
consideration setback requirements established by the St. Joseph Zoning
Ordinance with regard to wetlands.
Subd. 2: Blocks.
a) Block Length. In general, intersecting streets, determining block lengths, shall be
provided at such intervals as to serve cross traffic adequately and to meet existing
streets. Where no existing plats control, the blocks in residential subdivisions
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shall normally not exceed one thousand-three hundred (1,300) feet in length nor
be less than three hundred (300) feet in length, except where topography or other
conditions justify a departure from this maximum. In blocks longer than eight
hundred (800) feet, pedestrian ways and/or easements through the block may be
required near the center of the block. Blocks for business or industrial use should
normally not exceed six hundred (600) feet in length.
b) Block width. The width of the block shall normally be sufficient to allow two (2)
tiers of lots of appropriate depth. Blocks intended for business or industrial use
shall be of such width as to be considered most suitable for their respective use,
including adequate space for off street parking and deliveries.
Subd. 3: Streets and Alleys.
a) Arrangement of Arterials and Collectors. The arrangement of arterial and
collector streets shall conform as nearly as possible to the St. Joseph
Comprehensive Plan. Except for cul-de-sacs, streets normally shall connect with
streets already dedicated and adjoining or adjacent subdivisions, or provide for
future connections to adjoining unsubdivided tracts, or shall be a reasonable
projection of streets in the nearest subdivided tracts. The arrangement of arterial
and collector streets shall be considered in their relation to the reasonable
circulation of traffic, to topographic conditions, to run off of storm water, to
public convenience and safety and in their appropriate relation to the proposed
uses of the area to be served.
b) Arrangement of Local Streets. Local streets should be so planned as to
discourage their use by non local traffic. Dead end streets are prohibited, but cul-
de-sacs will be permitted where topography or other conditions justify their use.
Jogs at intersections shall be avoided wherever possible.
c) Future Streets. Where the plat to be submitted includes only part of the tract
owned or intended for development by the subdivider, a tentative plan of a
proposed future street system for the unsubdivided portions shall be prepared and
submitted by the subdivider. A temporary turn-around facility shall be provided at
the closed end, in conformance with cul-de-sac size requirements.
d) Out Lots and Oversized Lots. When a tract is subdivided into larger than normal
building lots or parcels, such lots or parcels shall be so arranged as to permit the
logical location and opening of future streets and appropriate subdivision, with
provision for adequate utility connections for such re-subdivision.
e) Intersections. Under normal conditions, streets shall be laid out so as to intersect
as nearly as possible at right angles, except where topography or other conditions
justify variations.
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f) Arrangement of Frontage Roads. Wherever the proposed subdivision contains or
is adjacent to the right of way of a railroad or a limited access arterial, provision
shall be made for a frontage road adjacent to and more or less parallel with said
right of way, or for a street at a distance suitable for the appropriate use of land
between the street and said right of way. The frontage road shall be designed with
due consideration for outer pavement separation, traffic storage at cross streets,
and approach connections to future grade separations.
g) Arrangement of Alleys. Alleys shall be provided in commercial and industrial
districts, except that this requirement may be waived where other definite and
assured provision is made for service access, such as off street loading, unloading
and parking consistent with and adequate for the uses proposed. Except where
justified by special conditions, such as the continuation of an existing alley in the
same block, alleys will not be approved in residential districts. Dead end alleys
shall be avoided wherever possible, but if unavoidable, such dead end alleys may
be approved if adequate turn around facilities are provided at the closed end.
h) Half Streets. Dedication of half streets will not be allowed.
i) General Design Standards. The following design standards shall be observed as
minimum requirements. Where in the opinion of the Planning Commission sound
engineering judgment dictates more stringent requirements in a given situation,
the minimum requirements shall be adjusted accordingly.
j) Right-of-Way - Urban Design. The following minimum right of way, curb-to-
curb paved width, horizontal radii and design strength shall be observed for
streets accommodating two-way traffic. Additional right of way may be required.
Functional classification shall be determined by the City Engineer or other road
authority.
Paved
Street R/W Width Radii Strength
Principal Arterial Design Design Design 10-ton
Minor Arterial 120 ft. Design Design 10-ton
Major Collector 100 ft. Design 300 ft. 9-ton
Minor Collector 80 ft. 38 ft. 300 ft. 9-ton
Neighborhood Residential 66 ft. 36 ft. 200 ft. 9-ton
Local Residential 60 ft. 32 ft. 50 ft. 7-ton
Frontage 50 ft. 28 ft. 200 ft. 9-ton
Trail 16 ft. 8 ft. N/A 7-ton
Pedestrian Way 12 ft. 6 ft. N/A N/A
Principal and Minor Arterials shall be designed to 9-ton for winter carryover; they
shall assume their 10-ton capacity rating when the final layers of surfacing have
been placed. Collector and residential streets shall be designed to 7-ton for winter
carryover; they shall assume their 9-ton capacity rating when the final layers of
surfacing have been placed.
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One way-streets shall be a special design subject to the approval of the City
Engineer.
k) Rural Design Standards. Rural design streets shall meet the minimum standards
for urban design. These standards may be increased as necessary to accommodate
a higher design speed, ditch sections, and drainage facilities. Additional right of
way may be required. Functional classification shall be determined by the City
Engineer or other road authority.
Street R/W Paved Width
Principal Arterial Design Design
Minor Arterial 150 Design
Collector 120 44
Local 80 32 or 36
Frontage 50 24
Alley 20 16
Pedestrian Way 10
l) Cul-de-sacs. Cul-de-sacs shall normally not be longer than seven hundred and
fifty feet (750’) as measured along the street centerline from the intersection of
origin to the center point of the turn around. The turn around shall have a
minimum curb radius of fifty (50) feet and a minimum right of way radius of sixty
(60) feet.
m) Private Streets. Private streets shall be prohibited and no public improvements
shall be approved for any private street. All streets shall be dedicated for public
use. If any person applies to subdivide or replat any land or parcels adjoining an
existing private street, the private street shall be required to be dedicated for
public use and scheduled for improvement to public street standards at the time of
final plat.
n) Intersections. The minimum angle of intersection of streets shall be eighty (80)
degrees. Street intersection jogs with an off set of less than two hundred (200)
feet shall be prohibited.
o) Street Grades. The grades on streets in the proposed subdivision shall fall within
the following range:
Street Minimum Maximum
Principal Arterial 0.04% 5%
Minor Arterial 0.04% 5%
Collector 0.04% 8%
Local 0.04% 8%
Frontage 0.04% 8%
Alley 0.04% 8%
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Pedestrian Way 0.04% 5%
Street grades exceeding two (2) percent will not be allowed within a distance of
fifty (50) feet from the near curb line or pavement edge of any intersection.
p) Vertical Curves. Vertical Curves shall be designed based on proper site distance.
In no case will centerline vertical curves shorter than 50 feet be allowed.
q) Drainage Facilities. Storm sewers, culverts and ditches shall be designed to
accommodate a ten-year or greater frequency storm. Low points shall have an
overflow that will direct the runoff from a 100-year frequency storm to a
satisfactory outlet without damage to property or structures. The rate of runoff
from new development shall not exceed the rate from pre-development
conditions.
r) Surface (Storm) Water Management Facilities. Surface water management
facilities constructed in the City of St. Joseph shall be designed according to
standards approved by the City Engineer and provided in the City’s Stormwater
Management Plan.
s) Street Intersection Offsets. Street intersection jogs with centerline offsets of less
than two hundred (200) feet shall be prohibited. In general, provisions shall be
made at intervals not exceeding one-half (1/2) mile for through streets (streets
running through the subdivision in a fairly direct manner). Where any street
intersection will involve earth banks or existing vegetation inside a lot corner that
would create a traffic hazard by limiting visibility, the developer shall cut such
ground and/or vegetation (including trees) in connection with the grading of the
public right-of-way to the extent deemed necessary to provide an adequate sight
distance.
t) Existing Streets of Inadequate Width. Where a subdivision abuts or contains an
existing street of inadequate width, sufficient additional width shall be provided to
meet the standards of this Ordinance.
u) Restriction of Access. Access onto arterial or collector streets shall be approved
by the City Engineer.
v) Curb and Gutter. All urban streets, and all streets in commercial and industrial
areas, shall have curb and gutter in compliance with established City standard
detail plates.
w) Street Name Designation. Streets shall be designated pursuant to established City
standards in compliance with the provisions of ordinance 301 of the St. Joseph
Code of Ordinances.
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x) Streets in Flood Hazard Areas. No street shall be approved if its final surface is
lower than two (2) feet below the regulatory flood protection elevation. The City
Council may require profiles and elevations of finished streets for areas subject to
flooding. Fill may be used for streets, provided such fill does not unduly increase
flood heights and provided any such fill would not result in a stage increase
violating the requirements of Minnesota Statutes Chapters 104 and 105, as such
chapters may be amended, supplemented, or replaced from time to time, and any
applicable requirements imposed by FEMA pursuant to its rules and regulations.
Drainage openings shall not restrict the flow of water so as to unduly increase
flood heights and provided any such drainage opening would not violate the
requirements of Minnesota Statutes Chapters 104 and 105, as such chapters may
be amended, supplemented, or replaced from time to time, and any applicable
requirements imposed by FEMA pursuant to its rules and regulations.
y) Sidewalk and Trail Requirements. The City Council following a recommendation
from the Planning Commission shall require the provision of sidewalks, trails
and/or pathways in proximity to public service areas such as parks, schools,
shopping facilities or in other appropriate locations of a similar nature. All such
facilities shall conform to city design standards and ADA guidelines and shall be
constructed at the sole expense of the developer. Sidewalks where required or
provided, shall be at least six (6) feet in width, with greater widths as may be
required by the City Council.
1. The location of all trails and sidewalks shall conform to existing City
plans and shall be considered in their relation to existing and planned
walkways, to topographical conditions, to public convenience and safety
and in their appropriate relation to the proposed uses of the land.
2. Where not specifically illustrated in the Comprehensive Plan, or similar
city-approved trail/sidewalk plan, the arrangement of walkways in the
subdivision shall either:
A. Provide for the continuation or appropriate projection of existing
walkways in surrounding areas; or
B. Conform to a specific pedestrian plan for the neighborhood
approved or adopted by the City Council to meet a particular
situation.
C. Provide a sidewalk on at least one side of every street. The City
Council after a recommendation from the Park Board and/or
Planning Commission may require a sidewalk on both sides of
every street.
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Subd. 4: Lots.
a) Size and Dimension. The minimum width of a lot for residential development
shall be seventy-five (75) feet for a rectangular lot and not less than seventy-five
(75) feet at the front building set back line for lots whose side lines are radial to
the curved streets, except in unusual situations. The minimum depth of a lot for
residential development shall be one hundred twenty-five (125) feet for a
rectangular lot and not less than one hundred twenty-five (125) feet at the center
of the lot for lots whose front lines are radial to the curved streets, except in
unusual situations. In no case shall a lot in a residential district contain less than
eleven thousand (11,000) square feet in a R 1 Zone.
b) Corner Lots. Corner Lots for residential use shall have sufficient width to permit
appropriate building set back from both streets and be a minimum fifteen (15) feet
wider than the required minimum lot width for the respective zoning district.
c) Side Lines. Side lines of lots shall be approximately at right angles to street lines
or radial to curved street lines.
d) Double Frontage Lots. Double frontage lots shall be avoided except where lots
back on a thoroughfare or other arterial streets, or where topographic or other
conditions render subdividing otherwise unreasonable. Such double frontage lots
shall have an additional depth of at least twenty (20) feet in order to allow space
for screen planting along the back lot line.
e) Required Frontage. Every lot must have at least the minimum required frontage
on a public dedicated street other than an alley.
f) Building Lines. Set back or building lines shall be shown on all lots intended for
residential use and shall not be less than the set back required by the Zoning
Ordinance. On those lots which are intended for business use, the set back shall be
at least that required by the Zoning Ordinance.
g) Natural Features. In the subdivision of land, due regard shall be shown for all
natural features which, if preserved, will add attractiveness and stability to the
proposed development and which may alter normal lot planning.
h) Lots along Arterial Streets/Railroads. Residential lots shall be separated from
highways, arterial streets and railroad right of ways by a fifteen (15) foot buffer
strip, which may be in the form of added depth or width of lots backing on or
siding on the arterials or railroad right of ways.
i) Lot Remnants. Lot remnants which are below the minimum lot size must be
added to adjacent or surrounding lots rather than be allowed to remain as an
unusable out lot or parcel unless the subdivider-developer can show plans for the
future use of such remnant.
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j) Controlled Access or Recreational Lots. Lots intended as controlled accesses to
public waters or for recreational use areas for use by nonriparian lots within a
subdivision must meet or exceed the following standards:
1. They must meet the width and size requirements for residential lots, and
be suitable for the intended uses of controlled access lots.
2. If docking, mooring or over-water storage of more than six (6) watercraft
is to be allowed at a controlled access lot, the width of the lot (keeping the
same lot depth) must be increased by the percent of the requirements for
riparian residential lots for each watercraft beyond six (6), consistent with
the following table:
Ratio of Lake Size (acres) Required Increase
to Shore Length (miles) in Frontage (%)
Less than 100 25
100-200 20
201-300 15
301-400 10
More than 400 5
3. They must be jointly owned by all purchasers of lots in the subdivision or
by all purchasers of non-riparian lots in the subdivision who are provided
riparian access rights on the access lot; and,
k) Covenants or other equally effective legal instruments must be developed that
specify which lot owners have authority to use the access lot and what activities
are allowed. The activities may include watercraft launching, loading, storage,
beaching, mooring or docking. They must also include other outdoor recreational
activities that do not significantly conflict general public use of the public water
or the enjoyment of normal property rights by adjacent property owners.
Examples of the non-significant conflict activities include swimming, sunbathing
or picnicking. The covenants must limit the total number of vehicles allowed to
be continuously moored, parked or stored over water and must require
centralization of all common facilities and activities in the most suitable locations
on the lot to minimize topographic and vegetation alterations. They must also
require all parking areas, storage buildings and other facilities to be screened by
vegetation or topography as much as practical from view from the public water,
assuming summer, leaf-on conditions.
l) Buildable Lots. Buildable Lots are those lots that are multiples of the minimum
lot. As such building sites should be located on buildable lots such that at a later
date the buildable lot may be broken into minimum lots that contain suitable
building sites.
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m) Lot pads. The top of the foundation and the garage floor of all structures shall be
a minimum of twelve inches (12”) and a maximum of thirty-six inches (36”)
above the grade of the crown of the street upon which the property fronts.
Exceptions to this standard may be approved by the Zoning Administrator for
special circumstances such as increased setback, site topography, flooding
potential, septic system operation and the like, provided that proper site and area
drainage is maintained and the elevation of the structure is in keeping with the
character of the area. The Zoning Administrator may require a certificate of
survey prior to building permit issuance to assure compliance with this section if
lot pads are not installed as part of the subdivision process.
n) Re-Subdivision of lots. When a tract is subdivided into larger than normal
building lots or parcels, such lots or parcels shall be so arranged as to permit the
logical location and openings of future streets and appropriate re-subdivision,
with provision for adequate utility connections for such re-subdivision.
o) Political Boundaries. No singular plat shall extend over political jurisdictional
boundaries.
p) Frontage on Two Streets. Double-frontage or lots with frontage on two (2)
parallel or non-intersecting streets shall not be permitted except:
1. Where lots back on arterial streets or highways; or where topographic or
other conditions render subdividing otherwise unreasonable.
2. Such double-frontage lots shall have an additional depth of at least ten
(10) feet or a reserve strip shall be created in order to allow space for
screen planting along the rear lot line.
q) Turn-Around Access. Where proposed residential lots abut a collector street, they
shall be platted in such a manner as to encourage turn-around access and egress
on each lot and discourage direct access onto such streets.
Subd. 5: Easements.
a) General Requirements. Perpetual Easements shall be provided in such a way as to
provide continuity of alignment from block to block. The subdivider shall
provide temporary construction easements where determined necessary by the
City. Perpetual Easements shall be kept free of vegetation or structures which
would interfere with the free movement of utility service vehicles. Where
easements are provided for city utilities (sanitary sewer, watermain, storm sewer,
and related service connections) or for watercourses, the size of lots on which the
easements are placed shall be increased so that minimum dimension and area
requirements are met exclusive of the easement areas. Easements shall be
provided over natural drainage or ponding areas for management of storm water
and significant wetlands.
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b) Drainage and Utility Easements. Drainage and utility easements at least twelve
(12) feet wide and centered on rear and side lot lines (six feet on each side of the
property line) and twelve (12) feet wide abutting street right-of-way shall be
provided and shall be dedicated by appropriate language. Such easements shall
further connect with easements established on adjoining properties to ensure
continuity. If necessary for the extension of water or sewer lines or similar
utilities, easements of greater width may be required along lot lines or across lots.
c) City Utilities. Easements for sanitary sewer, watermain, storm sewer, and for
related service connections shall be provided as determined necessary by the City.
Minimum easement requirements for a single utility are as follows:
Depth of Utility Required Easement Width
0 10 feet 20 feet
10 15 feet 30 feet
15 20 feet 40 feet
Add an additional ten (10) feet to the above requirements for each additional
utility to be included in the easement.
d) Watercourses. When a subdivision is traversed by a ponding area, watercourse,
ditch, swale, drainageway, channel, or stream, a drainage easement shall be
provided conforming substantially with the lines of such watercourse. The
easement shall be of sufficient width to permit free flow of anticipated surface
water, with additional room required for access by maintenance vehicles. Where
determined necessary by the City, additional easement width shall be provided to
accommodate surface water anticipated from future development adjacent to or
otherwise upstream of the current subdivision.
e) Detention or Retention Facilities. Where the subdivider proposes to use a pond or
basin to control stormwater runoff, the following requirements shall be met:
1. Facilities shall be designed in accordance with the City’s comprehensive
stormwater management plan.”
2. On lots surrounding the pond or basin, a drainage easement shall be
provided to include all lot area within one (1) foot of vertical elevation
from the edge of the outlot.
f) Trails. Trails or pedestrian ways shall be shown as a separate easement(s) as the
City may direct.
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Section 540.16: REQUIRED IMPROVEMENTS.
Subd. 1: Prior to approval of a Final Plat, the subdivider-developer shall be required to
provide the following improvements for subdivisions unless the City elects to give approval
upon being presented with financial guarantees as set forth in this section.
Subd. 2: Monuments. Steel monuments shall be placed within six inches (6”) of final
elevation at all blocked corners, angle points, points of curves in streets and at intermediate
points as shown on the Final Plat. Such installation shall be the subdivider-developer's expense
and responsibility. All U.S., state, county or other official bench marks, monuments, or
triangulation stations in or adjacent to the property shall be preserved in precise position.
Subd. 3: Street Improvements.
a) The full width of the right of way shall be graded, including the sub grade of the
areas to be paved, in accordance with standards and specifications for street
construction as approved by the City Council.
b) All streets shall be improved with pavement in accordance with the standards and
specifications for construction as approved by the City Council.
c) All streets to be paved shall be of an over all width in accordance with the
standards and specifications for construction as approved by the City Council.
d) Concrete curb and gutter shall be provided and shall be constructed in accordance
with standards and specifications for street construction as approved by the City
Council.
e) Storm sewers, culverts, storm water inlets and other drainage facilities will be
required where; in the opinion of the City they are necessary to insure adequate
storm water drainage for the subdivision. Where required the drainage facilities
shall be constructed in accordance with the standards and specifications for
drainage and street construction as approved by the City Council.
f) Complete plans for any proposed street and drainage improvements shall be
submitted for the approval of the City Council before construction.
Subd. 4: Sanitary Sewer Improvements. Sanitary sewers shall be installed as required by
standards and specifications as approved by the City Council. Complete plans for any proposed
sewer system shall be submitted for the approval of the City Council before construction.
Subd. 5: Water Supply Improvements. Water distribution facilities, including pipe
fittings, hydrants, etc., shall be installed in accordance with the standards and specifications for
such construction as approved by the City Council. Complete plans for these systems shall be
submitted to the City Council for approval.
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Subd. 6: Public Utilities.
a) All public utilities shall be underground.
b) Where telephone, electric and/or gas service lines are to be placed underground
entirely, conduits or cables shall be placed within easements or dedicated public
ways, in such a manner so as not to conflict with other underground services. All
drainage and other underground utility installation which traverse privately owned
property shall be protected by easements.
c) Where telephone, electric, and/or gas service lines are to be placed underground
in dedicated public streets or alleys which are to receive concrete or bituminous
surfacing, said service lines shall be installed prior to installation of the concrete
or bituminous surfacing. The Public Utility may, at its option, defer installation
of service lines provided it installs casings at proposed crossing locations prior to
installation of the concrete or bituminous surfacing. All casings shall be buried
with a minimum of two feet of cover, and shall extend to a point at least four feet
beyond the edge of pavement or back of curb. Casing materials shall be approved
by the City.
Subd. 7: Street Lighting Requirements. The minimum requirement for street lighting
facilities shall be required to be provided by the Developer and shall be as approved by the City.
Subd. 8: Traffic Signs. The developer shall purchase and install traffic signs as directed
and reviewed/approved by the City within the proposed subdivision.
Subd. 9: Identification. Every buildable lot shall be identified by a sign that indicates the
lot and block number and address, if available, which is approved by City staff prior to issuing
any building permits. These signs can be removed as lots are developed.
Subd. 10: Planting – Gateways, Entrances. Entrance areas shall be improved with weed
free sod or the area shall be controlled with hay bales or riprap to avoid erosion, as approved by
the City Engineer. The planting of trees, the type and spacing on public property will be subject
to the regulations of the City Council. No planting, gateways, entrances and similar
improvements may be made on public property except with permission and approval of the
Council.
Subd. 11: Specifications/Inspections. Unless otherwise stated, all the required
improvements shall conform to engineering standards and specifications as required by the City
Council. Such improvements shall be subject to inspection and approval by, and shall be made
in sequence as determined by the City.
Subd. 12: Review and Inspection. The subdivider-developer shall pay for all costs
incurred by the City for subdivision review and inspection. This would include preparation and
review of plans and specifications by technical assistants and costs incurred by the Attorney, as
well as other costs of similar nature.
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Subd. 13: Financing. The subdivider-developer shall be required to pay for all or a
portion of the above required improvements according to the following schedule:
a) Sanitary Sewers. Benefit rates will be based on the total cost of constructing the
sanitary sewer necessary to serve the development site together with any area or
district wide benefits of prior construction.
b) Water Mains. Benefit rates will be based on the total costs of constructing water
mains to serve the development site together with any area or district wide
benefits of prior construction.
c) Storm Drainage. Benefit rates will be based on the cost of constructing storm
sewers necessary to provide adequate drainage of the development site together
with any area or district wide benefits of prior construction. Where a larger
watershed or drainage area can be defined and when that area will benefit from
the installation of storm sewer, benefit rates shall be determined for that defined
area by the City Council.
Subd. 14: Payment City/Developer Agreement, Financial Guaranty.
a) Payment. The required improvements to be furnished and installed by the
subdivider-developer are to be furnished and installed at the sole expense of the
subdivider-developer and at no expense to the public. If any improvement
installed within the subdivision will be of substantial benefit to lands beyond the
boundaries of the subdivision, the City Council may make a provision for causing
a portion of the cost of the improvement, representing the benefit to such lands, to
be assessed against the same, or the City Council may choose to pay the increased
cost and assess for improvements when future development takes place. In such
case the subdivider-developer will be required only to pay for such portions of the
whole cost of said improvements as it will represent the benefit to the property
within the subdivision.
b) City/Developer Agreement. Prior to the installation of required improvements
and prior to approval of the Final Plat, the subdivider-developer shall enter into a
contract with the City requiring that the subdivider-developer furnish and
construct said improvements at his or her expense and in accordance with plans
and specifications to be approved by the City Engineer. The City/Developer
contract shall stipulate the type and extent of the improvements to be constructed,
the cost of construction, the construction time schedule, the City's authority to
inspect the construction and the amount of the escrow deposit performance bond,
warranty bond and labor and materialman bond to be furnished.
c) As an alternative to paragraph a) above, the owner of the property included in a
preliminary plat may petition the City to install certain improvements required
within and/or to the Plat. Said petition shall be in accordance with Minnesota
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Statutes Chapter 429. The City Council reserves the right to reject a petition and
refuse to order the project through the City. Any petitioner for improvements to
the City must be received by January 1st each year for improvements requested
during the year. Otherwise, the City may refuse to construct said improvements
until the following year.
d) Financial Guarantees. With the execution of the City/Developer Agreement,
providing that the developer will construct the required improvements for the Plat
at his expense, the owner or developer, as the case may require, shall furnish a
corporate completion bond, with good and sufficient sureties thereon, or a
cashier's check, escrow account or irrevocable letter of credit in favor of the City
in an amount equal to one hundred twenty-five percent (125%) of all costs, to
include construction, engineering, legal, fiscal and administrative, as estimated by
the City, of providing and installing all required improvements. Such bond,
escrow, or letter of credit shall be in the form approved by the City Attorney, shall
be conditioned upon the approval of the Final Plat and shall be further
conditioned as to guarantee the actual completion and installation of such required
improvements within a specified period of time from the date of Final Plat
approval. In order to guarantee and secure the correction of any defect in material
or workmanship furnished for such improvements, latent in character, and not
discernible at the time of final inspection or acceptance by the City or any damage
to such improvements by reason of a settling of the ground, base or foundation
thereof, the City will require that for a period of twelve (12) months after final
acceptance of the required improvements by the City, the proponent shall
maintain a bond, escrow account or irrevocable letter of credit, in the amount of
one hundred percent (100%) of the construction costs of the in place
improvements which will be owned and maintained by the City. If during that
twelve (12) month period any such defects develop, the deposit in escrow, bond,
or letter of credit may be applied by the City for any amounts incurred to correct
such defects.
Subd. 15: Construction Plans and As Builts.
a) Construction plans for the required improvements conforming in all respects to
the standards of the City and applicable ordinances shall be prepared by the City
Engineer or such other professional engineer as may be appointed by the City.
Costs and expenses incurred by the City for the preparation of constructions
plans, and related expenses, shall be paid by the developer.
b) City Engineer shall furnish the City with as-built drawings showing the
improvements as-built or in-place.
Section 540.17: PUBLIC LAND DEDICATION.
Subd. 1. Purpose and Intent: Minnesota Statute 462.358 provides Municipalities with
the authority to require that a reasonable portion of any proposed subdivision be dedicated to the
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public or preserved for conservation purposes or for public use as parks, recreational facilities,
playgrounds, trails or open space. The City has determined that new-development increased the
demand for and use of park property. In addition, the City has also determined that the demands
on City parks and need for additional park space increases the density of development increases.
Therefore, the intent and purpose of this Ordinance is as follows:
a) To provide a parkland dedication system for new development, which provides
for a larger dedication where density is higher and open spaces are more sporadic.
b) To provide required parkland to be dedicated by this Ordinance to be roughly
proportionate to the impact on the demand for park use in the City as a result of
new development.
i. For residential development where the impact is based upon the number of
people in the new development, rather than set a standard percentage of
the total development to be dedicated, the City will use a standard
percentage of its starting point in establishing a dedication.
ii. For commercial and industrial developments, since the impact is primarily
based upon the loss of open and green space, and the loss of natural areas
the City will use a standard percentage as its starting point in establishing
a dedication.
c) To determine the “rough proportion” of dedication, the City Council utilizes the
National Park Standard of 10 acres per 1000 residents in determining the amount
of park dedication required for any given development.
Subd. 2: Reservation of Land. Where a proposed park, playground, school site or other
public site shown on an adopted plan or official map is embraced in part or in whole by a
boundary of a proposed subdivision, and such public sites are not dedicated to the County or
Board of Education, such public grounds shall be shown as reserved land on the preliminary plat
to allow the County State Agency or the Board of Education the opportunity to consider and take
action toward acquisition of such public ground or park or school site by purchase or other
means prior to approval of the Final Plat.
Subd. 3: Dedication of Land. The City shall require all subdivisions to dedicate a
reasonable percentage of property to the public or preserved for conservation purposes or for
public use as parks, recreational facilities, playgrounds, trails, wetlands or open space as
determined by the City Council. The City Council will make a final determination after
consulting with the Planning Commission and Park Board. No areas may be dedicated as parks,
playgrounds, or public lands until such areas have been approved for that purpose to which they
are to be dedicated by the City Council. The subdivider-developer shall leave such dedicated
land in a condition suitable to the City Council.
a) Land Dedication Formula: In determining the dedication fee when land is
dedicated the following formula shall apply:
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i. Single Family 1,172 square feet per unit
ii. Multiple Family 1,250 square feet per unit
iii. Commercial 2% of land area, not including streets or other
dedications.
iv. Industrial 2% of the land area, not including streets or other
dedications.
b) Land Eligibility: To be eligible for park dedication credit, any land dedicated
must be located outside of the drainways, wetlands, floodplains or ponding areas after the site
has been developed. Absent unusual conditions, stormwater drainage areas and holding areas or
ponds shall not be considered wetlands. Lands dedicated for public use must have street frontage
on one or more street (s) with a minimum frontage of 200 feet.
c) Dedication Credits: The Council may, after reviewing the recommendation of the
Park Board, give credit for land dedication for the following:
i. Where wetlands have been determined to have a park function by the Park
Board, credit may be given up to a 25 percent of the wetland area and
adjoining lands areas below the high water level.
ii. Where a private open space for park or recreation purpose is provided in a
proposed subdivision, and such space is to be privately owned and
maintained by the future residents of the subdivision, credit may be given
up to 25 percent. Before credit is given, all of the following factors must be
satisfied:
1. The land area must be available for use, without preference, of all
of the residents of the proposed subdivision.
2. The required setbacks must not be included in the computation of
such land.
3. The use of the private open space must be restricted for park and
recreation purposes by recorded covenants or declarations which
run with the land in favor of the owners of the property within the
subdivision and cannot be eliminated without prior approval of the
City Council after review and recommendation by the Park Board
and Planning Commission.
4. The proposed private open space must be of sufficient size, shape,
location, and topography for park and recreational purposes or must
contain unique features that are important to be preserved.
Subd. 4: Cash in Lieu of Land. If in the judgment of the City Council, the area proposed
to be dedicated is not suitable or desirable for park/playground purposes, because of location,
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size or any other reason, the City Council may require in lieu of land dedication, a payment to
the City of a sum equal to a fee established by the City Council.
a) Cash Dedication Fee: In determining the dedication fee when the Council
requires a cash in lieu of fee, the following formula shall apply:
i. Single Family $ 914 per unit
ii. Multiple Family $ 975 per unit
iii. Commercial $ 2% of average land value
iv. Industrial $ 2% of average land value
For the purposes of this section, the average fair market includes an average of un-improved land
values, prior to the installation of improvements, as of the date of the final plat.
Subd. 5: Partial Dedication and Partial Payment. The City may elect at its sole discretion
to receive a combination of cash, land, and development of the land for park use. The potential
cash donation generated by the dedicated land and/or the value of the development of land shall
be calculated based on the fair market value of the land no later than at the time of final approval.
That amount shall be subtracted from the cash contribution required by the Subsection above.
Subd. 6: General Requirements.
a) Land to be dedicated shall be reasonably suitable for its intended use as
determined by the City and shall be at a location convenient to the public to be
served. Factors used by the City Council in evaluating the adequacy of proposed
park and recreation areas shall include size, shape, topography, geology,
hydrology, tree cover, access, and location.
b) The applicant shall confer with City Staff and the City Council at the time the
preliminary plat is under consideration, to secure a recommendation as to the
location of any property that should be dedicated to the public, such as parks,
playgrounds or other public property. The preliminary plat shall show the location
and dimensions of all areas to be dedicated in this manner. Such contribution
requirement recommendation(s) will be sent to the Planning Commission for
review and comment and subsequently to the City Council for its approval.
c) When a proposed park, playground, recreational area, or other public ground has
been indicated in the City’s official map or Comprehensive Plan and is located in
whole or in part within a proposed plat, it shall be dedicated to the approximate
governmental unit. If the applicant elects not to dedicate an area in excess of the
land required hereunder for a proposed public site that the City feels is in the
public interest to acquire, the City may consider acquiring the excess land through
purchase, condemnation, or negotiation.
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d) Land area conveyed or dedicated to the City shall not be used in calculating
density requirements of the City Zoning Ordinance and shall be in addition to and
in lieu of open space requirements for planned unit developments.
e) Where private open space for park and recreation purposes is provided in a
proposed subdivision, such areas shall not be used for credit against the
requirement of dedication for park and recreation purposes, unless the City
Council finds it in the public interest to do so.
f) The City, upon consideration of the particular type of development, may require
that a lesser parcel of land should be dedicated due to particular features of the
development. In such cases, a cash contribution shall be required above the land
dedication to insure that compensation is received for the full amount of the
impact on the City’s park and trail system.
g) For subdivisions incorporating a mixture of land uses and/or densities, the park
dedication fee shall be determined by applying the appropriate dedication for each
use as identified in this section.
h) Park cash contributions are to be calculated and established at the time of final
plat approval. The Council shall require the payment at the time of final plat
approval or at a later time under terms agreed upon in the development
agreement. Delayed payment may include interest at a rate set by the City.
i) Cash contributions for parks and trails shall be deposited in either the City’s Park
Fund or multi-purpose trail fund and shall only be used for park acquisition or
development, and trail acquisition or development as determined by the City.
Additionally, said funds may be utilized anywhere within the City park and trail
systems.
j) Wetlands, ponding areas, and drainageways accepted by the City (as provided in
Subd. 3 c) ii) may be considered in the parkland and/or cash contribution to the
City.
k) Property being re-platted with the same number of lots and same number of
dwelling units shall be exempt from all parkland dedication requirements. If the
number of lots or the number of dwelling units is increased, or if land outside the
previously recorded plat is added, then the park land dedication and/or park cash
contributions shall be based on the additional lots and on the additional land being
added to the plat. If the additional land does not create additional lots, then each
one-third (1/3) acre added shall be considered a new lot for purposes of
calculating the dedication requirements.
l) When land is dedicated and deeded to the City for park purposes, it shall be the
responsibility of the City to maintain such dedicated property.
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m) Land dedication to the City shall be in the form of lots or outlots with approved
lot and block numbers.
n) Parks bordered on one (1) or more sides by existing creeks or streams shall ensure
access to the park is provided from an arterial roadway or collector street and that
pathways that allow emergency motorized vehicle traffic within the park are
present.
o) Parking areas shall be established on land adjacent to the required parkland area,
sized to meet the needs of the planned facilities. Criteria reviewed shall include
the area the park is intended to serve (neighborhood, entire city), the nature of the
park (passive recreation, specific use) and the facilities contained within the park
(e.g. ball fields, picnic areas, tennis courts, play areas, etc). Said parking areas
shall be dedicated to public use and shall not be included in the required land
dedication. The City may complete improvement of said parking area.
p) The Developer shall be responsible for grading and seeding of required parkland,
to City specifications.
Subd. 7: Required Improvements: Developers shall be responsible for making certain
improvements to their developments for park, playground, trail and open space purposes:
a) Areas to be dedicated for public park, trail or ponding shall be brought to a
suitable condition by the subdivider prior to acceptance by the City. All dead
trees, trash, junk, unwanted structures or other similar undesirable elements shall
be removed at the developer’s expense.
b) Provide finished grading and cover of at least four (4”) inches or more of topsoil
on the park site. In addition, the developer shall be responsible for seeding the
park with a mixture approved by the Public Works Director. No park dedication
credit will be given for this work.
c) Sidewalks or trails shall be constructed in certain right-of-ways, as suggested by
the City Council within the development. Further, each subdivision must connect
to the established trail system through the construction of sidewalks or trails. This
improvement shall be the responsibility of the developer. The City Council shall
have the discretion to determine if these sidewalks or trails can be utilized toward
park dedication.
d) Trails that are part of the recreational system and are outside of the right-of-way
and public properties shall be utilized toward park dedication, as long as the trail
is dedicated to the City in the form of an easement.
Subd. 8: Maintenance of Private Open Space. In the event certain land areas or
structures are provided within the subdivision for private recreational use or as service facilities,
the owner of such land and buildings shall enter into an agreement with the City to assure the
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continued operation and maintenance to a predetermined reasonable standard. These common
areas may be placed under the ownership of one of the following depending upon which is most
appropriate:
a) Dedicated to the public where a community-wide use would be anticipated.
b) Applicant’s ownership and control.
c) Property owner’s association ownership and control, provided all of the following
conditions are met:
1. The property owners association must be established prior to the sale of
any lot.
2. Membership must be mandatory for each owner and any successor in
interest.
3. The open space restrictions must be in perpetuity, not for a given period of
years.
4. The association must be responsible for liability insurance, local taxes and
the maintenance of the recreational area and facilities.
5. Landowners (homeowners) must pay their prorated share of the cost, and
any assessment levied by the association then can become a lien on the
property in accordance with law.
6. The association must be able to adjust the assessment to meet changed
needs.
Section 504.18 amended 6/2004
Section 540.18: ADMINISTRATION AND ENFORCEMENT.
Subd. 1: Responsible Official. It shall be duty of the City Council to see that the
provisions of this Ordinance are properly enforced.
Subd. 2: Building Permit. No building permit shall be issued by any governing official
for the construction of any buildings, structures, or improvements on land henceforth subdivided
until all applicable requirements of this Ordinance have been fully complied with.
Subd. 3: Amendments. The provisions of this Ordinance shall be amended by the City
Council following a legally advertised public hearing before the Planning Commission and in
accordance with the law, including the rules and regulations of any applicable state or federal
agency.
Subd. 4: Variances.
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
a) Whenever it is found that the land included in a subdivision plat, presented for
approval, is of such size or shape or is subject to, or is affected by such
topographical location or conditions, or is to be devoted to such usage that full
conformity to the provisions of this Ordinance is impossible or impractical, the
City Planning Commission may recommend to the City Council that said Council
authorize variations or conditional exceptions in the final plat so that substantial
justice may be done and the public interest secured.
b) The Variance application material requirements, administration and request
processing shall be as set forth in the City’s Zoning Ordinance.
Subd. 5: General Requirements for Subdivisions, Including Minor Plats. No Subdivision
or plat, including minor plats, shall be granted to an applicant and/or landowner unless the
applicant and/or landowner has complied with the general requirements for City approvals under
Section 104.06 of the St. Joseph Code of Ordinances.
Subd. 6: Violation. Any person violating any provision of this Ordinance shall be guilty
of a misdemeanor. Each day during which compliance is delayed or such violation continues or
occurs shall constitute a separate offense and may be prosecuted as such.
Section 540.19: SCHEDULES OF ADMINISTRATIVE FEES, CHARGES AND
EXPENSES.
Subd. 1. Fees and charges, as well as expenses incurred by the City for engineering,
planning, legal, and other services related to the processing of applications under this Ordinance
shall be established by the Council and collected by the Zoning Administrator for deposit in the
City’s accounts. Fees shall be established for the processing of requests for platting, major and
minor subdivisions, review of plans, and such other subdivision-related procedures as the
Council may from time to time establish. The Council may also establish charges for public
hearings, special meetings, or other such Council actions as are necessary to process
applications.
Subd. 2. Such fees, charges and estimated expenses (as well as a deposit, if so required
by the Zoning Administrator) shall be collected prior to City action on any application. All such
applications shall be accompanied by a written statement between the City and the
applicant/landowner (when the applicant is not the same person or entity as the landowner, both
the landowner and the applicant must sign the agreement) whereby the applicant/landowner
agrees to pay all applicable fees, charges and expenses as set by Council resolution as provided
above, and which allows the City to assess the above fees, charges and expenses against the
landowner if such monies are not paid within thirty (30) days after a bill is sent to the
applicant/landowner.
Subd. 3. These fees shall be in addition to building permit fees, inspection fees, trunk
storm water facility costs, zoning fees, charges, expenses and other such fees, charges and
expenses currently required by the City or which may be established in the future.
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CHAPTER VI – GENERAL REGULATIONS
ORDINANCE 601 LICENSING AND BONDING OF INDIVIDUALS, FIRMS,
CORPORATIONS AND SUBCONTRACTORS DOING OR PERFORMING WORK
WITHIN THE CITY OF ST. JOSEPH ........................................................................ 601-1
Section 601.01: PURPOSE ......................................................................................... 601-1
Section 601.02: LICENSE REQUIRED ..................................................................... 601-1
Section 601.03: LOCAL LICENSE REQUIRED ........................................................ 601-1
Section 601.04: GENERAL REQUIREMENTS FOR LICENSING…..…………..….601-1
Section 601.05: PROOF OF LICENSE, BONDING AND INSURANCE ................... 601-1
Section 601.06: EXCEPTION .................................................................................... 601-2
Section 601.07: LIABILITY ....................................................................................... 601-2
Section 601.08: PENALTIES ..................................................................................... 601-2
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CHAPTER VI – GENERAL REGULATIONS
ORDINANCE 601 LICENSING AND BONDING OF INDIVIDUALS, FIRMS,
CORPORATIONS AND SUBCONTRACTORS DOING OR PERFORMING WORK WITHIN
THE CITY OF ST. JOSEPH
Section 601.01: PURPOSE. It is being in the interest of the private residents of the City
of St. Joseph that any person, firm or corporation who engages in the business of building,
carpentry, construction or related work, within the City of St. Joseph, shall first procure a license
therefor as provided herein.
Section 601.02: LICENSE REQUIRED. No person or entity subject to the licensing
provisions of Minnesota Statute Chapter 326 may engage in the business of building, carpentry,
construction or related work unless properly licensed by the State and in full compliance with the
applicable licensing provisions of Chapter 326.
Section 601.03: LOCAL LICENSE REQUIRED. Any person or entity not subject to the
licensing provisions of Minnesota Statute Chapter 326 may not engage in the business of
building, carpentry, construction or related work, unless properly licensed by the City and in full
compliance with the applicable provisions of this Ordinance. The license shall be issued by the
City Clerk for a term of one year upon payment of a license fee as may be established by the City
Council by resolution and amended from time to time, and presentation of proof of the
following:
a) Proof of liability insurance for damage to property in an amount equal to or
greater than $10,000.
b) Proof of liability insurance for personal injury or death of a combined limit equal
to or greater than $100,000.
c) A bond in the amount of not less than $5,000 for the benefit of persons injured or
suffering loss due to the applicant's failure to complete work for which he or she
has been retained, or due to defective or unworkmanlike performance. The bond
shall be written by a corporate surety licensed to do business in the State of
Minnesota.
Section 601.04: GENERAL REQUIREMENTS FOR LICENSING. No person or firm
shall receive licensing or bonding who has not met the general requirements for City approvals
under Section 104.06 of the St. Joseph Code of Ordinances.
Section 601.05: PROOF OF LICENSE, BONDING AND INSURANCE. Upon request
of the City Building Inspector, City Clerk or customer, any persons or entity engaging in the
business of building, carpentry, construction or related work shall provide proof of a current
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valid license, as well as compliance with the applicable bonding and liability insurance
requirements of Chapter 326 or this Ordinance.
Section 601.06: EXCEPTION. Persons performing work on their own property or
assisting another to do work on their own property for which no compensation is paid shall be
exempt from the licensing requirements of this ordinance, but shall remain subject to the St.
Joseph Building Ordinance and the Building Code as adopted by the City.
Section 601.07: LIABILITY. This ordinance shall not be construed to affect the
responsibility or liability of any person owning, operating or installing the above described work
for damages to persons or property caused by any defect therein nor shall the City of St. Joseph
be held liable for a claim based upon enforcement of this ordinance.
Section 601.08: PENALTIES. Any person, firm or corporation who shall violate any
provision of this ordinance shall be guilty of a misdemeanor.
Updated 2/21/95
601-2
CHAPTER VI – GENERAL REGULATIONS
ORDINANCE 602 GAMBLING ....................................................................................... 602-1
Section 602.01: PURPOSE ......................................................................................... 602-1
Section 602.02: DEFINITIONS .................................................................................. 602-1
Section 602.03: PROVISIONS OF STATE LAW ADOPTED .................................... 602-1
Section 602.04: INVESTIGATION FEE .................................................................... 602-1
Section 602.05: PERMIT CRITERIA ......................................................................... 602-1
Section 602.06: FILING OF RECORDS; INSPECTION; ACCESS TO RECORDS ... 602-2
Section 602.07: EXPENDITURE OF PROCEEDS/LOCAL BENEFITS .................... 602-2
Section 602.08: PENALTIES ..................................................................................... 602-3
602-0
CHAPTER VI – GENERAL REGULATIONS
ORDINANCE 602 GAMBLING
Section 602.01: PURPOSE. The purpose of this section is to regulate and control the
conduct of lawful gambling in the City of St. Joseph and to ensure the integrity of operations,
and provide for the use of net profits for lawful purposes by setting criteria and standards related
to the approval or disapproval of premise permits.
Section 602.02: DEFINITIONS: Except as otherwise provided in this section, the terms
defined in Minnesota Statutes, Chapter 349, are incorporated herein by reference and shall be
applicable to the provisions contained herein.
Subd. 1: Gross Profit: “Gross Profit” means the gross receipts collected from lawful
gambling, less reasonable sums necessary and actually expended for prizes.
Subd. 2: Net Profit: “Net Profit” means gross profit less reasonable sums actually
expended for allowable expenses.
Section 602.03: PROVISIONS OF STATE LAW ADOPTED: The provisions of
Minnesota Statutes Chapter 349, relating to the definition of terms, licensing, regulation,
investigation and enforcement of bingo, gambling devices and video games, and all other matters
pertaining thereto, are adopted and made a part of this ordinance as if set out in full.
Section 602.04: INVESTIGATION FEE: Any organization applying for a charitable
gambling license, or renewing a license, shall pay an investigation fee in the amount as set by the
City Council.
Section 602.05: PERMIT CRITERIA: Each pending application for issuance or renewal
of a premise permit shall be approved or disapproved by resolution of the City Council within
sixty (60) days after receipt of the application. In approving the application, the City must
determine whether or not the benefit that the lawful use of the charitable gambling funds brings
to the local community is broad based or for the benefit of needy non-members of the
organization, as opposed to aiding a very small number of individuals who are also members of
the organization. The City may disapprove an application for issuance or renewal of a premise
permit for any of the following reasons:
Subd. 1: Violation by the gambling organization of any statute, ordinance or rule relating
to gambling;
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CHAPTER VI – GENERAL REGULATIONS
Subd. 2: Violation by the on-sale establishment, or other organization leasing its premise
for gambling, of any statute, ordinance or rule relating to the operation of the establishment,
including but not limited to, laws relating to alcoholic beverages, gambling, controlled
substances, suppression of vice and protection of public safety;
Subd. 3: Failure by the gambling organization to make adequate corrections in its
organizational structure and procedures in response to an audit report.
Subd. 4: Where the operations of gambling at the site would be detrimental to health,
safety or welfare; or
Subd. 5: The benefit that the lawful use of charitable gambling funds brings to the local
community is not broad based.
Subd. 6: The application has not been submitted in a timely fashion and not all the
required information has been submitted.
Subd. 7: The organization has not been cooperative with respect to past investigations.
Section 602.06: FILING OF RECORDS; INSPECTION; ACCESS TO RECORDS.
Subd. 1: Every organization licensed to conduct gambling in the City of St. Joseph shall
file with the City Clerk, on a quarterly basis, copies of all records and reports required to be filed
with the Minnesota Gambling Control Board and Department of Revenue pursuant to Minnesota
Statutes, Chapter 349 and the rules and regulations promulgated there under.
Subd. 2: Each organization licensed to conduct lawful gambling in the City of St. Joseph
shall submit any additional information requested by the City.
Subd. 3: Any organization leasing premises for the conducting of lawful gambling shall
file with the City a copy of the lease within one (1) week after execution of the lease.
Subd. 4: Every gambling event in the City of St. Joseph conducted by an organization
under State license shall be open to inspection by officers of the City.
Subd. 5: The City may inspect, at any reasonable time without notice or search warrant,
all records of a licensed organization that are required to be maintained by the State Gambling
Control Board.
Section 602.07: EXPENDITURE OF PROCEEDS/LOCAL BENEFITS. Each
organization conducting lawful gambling within the City of St. Joseph shall annually expend at
least ten percent (10%) of its net proceeds from gambling within the trade area of the City of St.
Joseph in a manner which provides a broad based benefit or benefits non-members of the
organization. The “trade area” is defined as an area within fifteen (15) miles of the City limits.
The expenditure shall be managed as follows:
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CHAPTER VI – GENERAL REGULATIONS
Subd. 1: No later than January 31 of each calendar year each organization shall be
responsible for providing a summary illustrating that ten percent (10%) of the net proceeds have
been expended within the City of St. Joseph meeting the criteria stated in 602.05, reaching a
broad base. If the expenditures for the calendar year do not meet the 10% or criteria, the
organization shall contribute the difference to the City of St. Joseph no later than February 15 of
each calendar year.
Subd. 2: Any money remitted to the City shall be held in a special fund conforming to
the requirements of Minnesota Statutes Section 349.213.
Section 602.08: PENALTIES. In addition to the penalties set forth in the Statutes, any
violation of Minnesota Statute Chapter 349, as herein adopted shall constitute a violation of this
Ordinance and shall be punishable as a misdemeanor.
Ordinance 602 amended 5/19/05
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CHAPTER VI – GENERAL REGULATIONS
ORDINANCE 603 REGULATION OF PAWNBROKERS ............................................... 603-1
Section 603.01: DEFINITIONS .................................................................................. 603-1
Section 603.02: LICENSE REQUIREMENTS ........................................................... 603-1
Section 603.03: LICENSE FEES ................................................................................ 603-1
Section 603.04: LICENSE EXPIRATION DATE ....................................................... 603-2
Section 603.05: BONDING REQUIREMENT ........................................................... 603-2
Section 603.06: RECORD RETENTION.................................................................... 603-2
Section 603.07: PAWN TICKET ................................................................................ 603-3
Section 603.08: REDEMPTION ................................................................................. 603-3
Section 603.09: HOLDING PERIOD BEFORE SALE OF PROPERTY..................... 603-3
Section 603.10: HOURS OF OPERATION ................................................................ 603-3
Section 603.11: FALSE STATEMENTS AND IDENTIFICATION ........................... 603-4
Section 603.12: SEIZURE OF STOLEN PROPERTY ................................................ 603-4
Section 603.13: SUSPENSION AND REVOCATION OF LICENSE......................... 603-4
Section 603.14: PENALTIES ..................................................................................... 603-5
603-0
CHAPTER VI – GENERAL REGULATIONS
ORDINANCE 603 REGULATION OF PAWNBROKERS
Section 603.01: DEFINITIONS. For the purposes of this ordinance, the following words
and phrases shall have these designated meanings:
Subd. 1: Pawnbroker. A person engaged in whole or in part in the business of lending
money on the security of pledged goods left in pawn, or in the business of purchasing tangible
personal property to be left in pawn on the condition that it may be redeemed or repurchased by
the seller for a fixed price within a fixed period of time.
Subd. 2: Person. Any individual, partnership, corporation, limited liability company,
joint venture, trust, association, or other legal entity, however organized.
Section 603.02: LICENSE REQUIREMENTS.
Subd. 1: No person shall engage in the business of a pawnbroker or advertise such
services without first obtaining a license pursuant to this ordinance.
Subd. 2: To be eligible for a pawnbroker's license, the person must operate lawfully
under Minn. Stat. § 325J and this ordinance and:
a) May not be a minor at the time the application for the license is filed.
b) May not have been convicted of any crime related to the operation of a pawnshop
unless the person has shown evidence of rehabilitation as prescribed by Minn.
Stat. § 364.03, subd. 3; and
c) Must be of good moral character or repute.
Subd. 3: A separate license is required for each place of business.
Subd. 4: Any change in the ownership of a licensed pawnshop shall require the
application for a new license and the new owner must satisfy all current eligibility requirements.
Section 603.03: LICENSE FEES. The application for a pawnbroker license must be
submitted to the City Administrator/Clerk along with a license fee as established and modified
by City Council resolution. If the license period is for less than one year, the fee to be paid by
the applicant shall be a pro rata portion of the amount required for the entire year; provided that
the minimum fee shall be not less than Twenty-Five Dollars ($25.00).
603-1
CHAPTER VI – GENERAL REGULATIONS
Section 603.04: LICENSE EXPIRATION DATE. A license issued under this ordinance
shall expire on the 1st day of June of each year.
Section 603.05: BONDING REQUIREMENT. Every application for a pawnbroker
license shall be accompanied by a bond in the sum of Ten Thousand Dollars ($10,000), executed
by a corporation authorized to do business in Minnesota, and conditioned on the pawnbroker
observing the provisions of this ordinance and other applicable State laws. Such bond shall be
for the benefit of the City or any person who suffers damages through an act of the pawnbroker.
Section 603.06: RECORD RETENTION.
Subd. 1: A pawnbroker licensed under this ordinance shall keep a record of each
transaction made in the course of the business. These records shall be legibly made in English
by using ink or other indelible medium on forms prescribed by the Chief of Police. The records
so kept shall include the following information about each transaction:
a) Name, address, phone number, and date of birth of the person pledging or selling
the item;
b) Description of the person pledging or selling the item, including approximate
height, sex, and race;
c) The identification number from one of the following forms of identification of the
person pledging or selling the item: current valid Minnesota driver's license;
current valid Minnesota identification card; current valid photo identification card
issued by another state or a province in Canada;
d) The date and time of the transaction;
e) A complete description of the item pledged or sold, including all identifying
model or serial numbers and identifying marks;
f) The amount of money advanced or paid for the item;
g) The maturity date of the pawn transaction and the amount due;
h) The monthly and annual interest rates, including all pawn fees and charges;
i) The signature of the person pledging or selling the item; and
j) Other information as the Chief of Police shall from time to time require.
Subd. 2: The records required herein shall be kept at the pawnbroker's place of business
and made available for inspection by an officer of the St. Joseph Police Department or a deputy
of Stearns County during any hours of operation, or other times acceptable to both parties.
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CHAPTER VI – GENERAL REGULATIONS
Subd. 3: A copy of all pawn tickets issued during hours of operation will be provided to
the St. Joseph Police Department at the end of the business day.
Subd. 4: Required records shall be retained by the licensed pawnbroker, successors and
assigns, for a period of three years from the date of the transaction.
Section 603.07: PAWN TICKET. The following shall be printed on all pawn tickets:
Subd. 1: The statement that "Any personal property pledged to a pawnbroker within this
state is subject to sale or disposal when there has been no payment made on the account for a
period of not less than 60 days past the date of the pawn transaction, renewal, or extension: no
further notice is necessary. There is no obligation for the pledgor to redeem pledged goods.";
Subd. 2: The statement that "The pledgor of this item attests that it is not stolen, it has no
liens or encumbrances against it, and the pledgor has the right to sell or pawn the item.";
Subd. 3: The statement that "This item is redeemable only by the pledgor to whom the
receipt was issued, or any person identified in a written and notarized authorization to redeem the
property identified in the receipt, or a person identified in writing by the pledgor at the time of
the initial transaction and signed by the pledgor. Written authorization for release of property to
persons other than the original pledgor must be maintained along with the original transaction
record."; and
Subd. 4: A blank line for the person pledging or selling the item.
Section 603.08: REDEMPTION. Any person pledging or pawning personal property
with a pawnbroker shall have 60 days to redeem the property before the pledge or pawn is
forfeited, and qualified right, title, and interest in and to the property shall automatically vest in
the pawnbroker.
Section 603.09: HOLDING PERIOD BEFORE SALE OF PROPERTY. No personal
property deposited with or purchased by any licensed pawnbroker under this ordinance shall be
sold or permitted to be redeemed from the pawnbroker until 48 hours after the copy of the pawn
ticket is provided the St. Joseph Police Department, except upon written permission of the Chief
of Police. Whenever an officer of the St. Joseph Police Department notifies a licensed
pawnbroker not to sell or permit to be redeemed any property so purchased, received or
deposited, such property shall not be sold or permitted to be redeemed except with the written
consent of the Chief of Police.
Section 603.10: HOURS OF OPERATION. No pawnbroker shall receive a pledge or
pawn, or purchase any goods between the hours of 6:00 o'clock p.m. on Saturdays and 6:00
o'clock a.m. on the following Monday or between the hours of 9:00 o'clock p.m. and 6:00 o'clock
a.m. on any other day of the week.
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CHAPTER VI – GENERAL REGULATIONS
Section 603.11: FALSE STATEMENTS AND IDENTIFICATION.
Subd. 1: No person shall misrepresent their identity to any pawnbroker nor shall any
person furnish identification not belonging to and identifying themself.
Subd. 2: The pawnbroker's employee transacting the pawn, pledge or sale shall compare
all pictures, physical descriptions and signatures on the identification presented with the physical
features and signature of the person pledging or selling the item and shall not transact any
business with any person who appears to be presenting false identification.
Section 603.12: SEIZURE OF STOLEN PROPERTY. Any law enforcement officer
having jurisdiction within the City of St. Joseph may seize and hold any property in the
possession of a licensee upon verification that the property was stolen. The officer may continue
to hold seized property as evidence during an investigation or prosecution without compensation
to the licensee. Upon final completion of any criminal proceeding arising out of the theft, the
seized property shall be delivered in accordance with the direction of the court.
Section 603.13: SUSPENSION AND REVOCATION OF LICENSE.
Subd. 1: Any license issued pursuant to this ordinance may be suspended for up to sixty
(60) days or revoked for good cause. Revocation or suspension shall occur by action of the City
Council upon recommendation of the Chief of Police, or upon the Council's own initiative. If the
City Council intends to revoke or suspend the license, they shall provide written notice of such
intention to the pawnbroker at least twenty (20) days before such suspension or revocation is to
begin, stating the reason for the action and the length and period of suspension or revocation. A
hearing before the City Council may be demanded in writing to the City Administrator/Clerk,
and must be made within ten (10) days after the notice of revocation or suspension is received.
For purposes of this section, "good cause" shall include, but not be limited to:
a) Those acts expressly prohibited under Minn. Stat. § 325J.08
b) Conviction of the pawnbroker or their employee of a crime relating to the
operation of a pawnshop.
c) Violation by the pawnbroker or their employee of the provisions of this ordinance
or any other ordinance or statute relating to the operation of a pawnshop.
d) Failure to report any item pawned, pledged or purchased by the pawnbroker or
their employee.
e) Failure to submit to the police all required records.
f) Failure to tell the truth to a police officer about any material fact about which
such officer inquires in the course of an investigation.
g) Falsely stating any material fact on the license application.
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CHAPTER VI – GENERAL REGULATIONS
h) Submitting a false or incomplete record to the police.
i) Failure to maintain a proper bond as required by this ordinance.
Subd. 2: Appeal hearing before the City Council regarding the suspension or revocation
of license shall be conducted pursuant to Minn. Stat. § 14.57 through 14.70. The issues
considered at this hearing may include the question of good cause and/or the penalty imposed.
Section 603.14: PENALTIES. A violation of this ordinance is a misdemeanor.
Updated 2/24/98
603-5
CHAPTER VI – GENERAL REGULATIONS
ORDINANCE 604 PARADE ORDINANCE ..................................................................... 604-1
Section 604:01: DEFINITIONS .................................................................................. 604-1
Section 604:02: PERMITS REQUIRED ..................................................................... 604-1
Section 604:03: PURPOSE OF PARADE .................................................................. 604-1
Section 604:04: PARADE SECURITY ...................................................................... 604-1
Section 604:05: DESIGNATED PARADE ROUTES ................................................. 604-1
Section 604:06: CANDY AND GIFTS ....................................................................... 604-1
Section 604:07: HORSE UNITS ................................................................................. 604-2
Section 604.08: INTOXICATING BEVERAGES ...................................................... 604-2
Section 604:09: OBSCENE AND VULGAR DISPLAYS .......................................... 604-2
Section 604:10: OTHER CONDITIONS .................................................................... 604-2
Section 604:11: PENALTY ........................................................................................ 604-2
604-0
CHAPTER VI – GENERAL REGULATIONS
ORDINANCE 604 PARADE ORDINANCE
Section 604:01: DEFINITIONS. For purposes of this Ordinance, a parade is defined as
any organized public procession on a street or roadway for the purpose of celebrating an event or
occurrence or for the purpose of public demonstration. A funeral procession does not constitute
a parade for purposes of this ordinance.
Section 604:02: PERMITS REQUIRED.
No parades shall be held within the City of St. Joseph except those conducted pursuant to
permit by the City of St. Joseph. Sponsors of the parade shall obtain a permit from the City
Council, by application through the City Administrator/Clerk. Application for a permit shall be
submitted at least 30 days prior to the date scheduled for the parade and shall include the
following:
a) The identity of the person or organization sponsoring the parade.
b) The name of a responsible person(s) who will be present at the parade and
regulating its conduct.
The permits shall be approved by a resolution from the City Council. A permit fee, as
established by council resolution, shall be paid at the time of the application.
Section 604:03: PURPOSE OF PARADE. Parades may be allowed only if associated
with a community celebration or event. Parades shall not be allowed where there appears to be
a substantial likelihood that the holding of the parade will lead to damage of public and/or
private property, breech of the peace, riot, or otherwise create an unreasonable risk concerning
the health and safety of the public as a whole.
Section 604:04: PARADE SECURITY. The sponsor of a parade shall provide security
as required by the City Council when issuing a permit. Any police protection, over and above
the regular protection, required with respect to the parade shall be paid for or reimbursed by the
sponsors of the parade.
Section 604:05: DESIGNATED PARADE ROUTES. Designated parade routes shall be
submitted to the Council and approved at the time the permit is granted and must be strictly
adhered to.
Section 604:06: CANDY AND GIFTS. Participants in the parade shall not throw candy
or gifts from vehicles or floats. Candy or gifts may be distributed by participants on foot by
handing the items to people on the curb. All candy must be wrapped for health reasons.
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CHAPTER VI – GENERAL REGULATIONS
Section 604:07: HORSE UNITS. Horse units may be permitted under the following
conditions:
a) All horses must be under control at all times.
b) Riders may not consume intoxicating beverages immediately before or during the
parade.
c) There must be an individual unit following horse formation to clean up the debris
from the horses on the parade route.
d) Each horse must be identified by a responsible person.
Section 604.08: INTOXICATING BEVERAGES. There shall be no open display or
consumption of intoxicating beverages on or in floats or units. No person operating a motor
vehicle within the parade shall consume intoxicating beverages during the parade or at any time
two hours prior of the parade, or be under the influence of alcohol or a controlled substance at
any time during the parade.
Section 604:09: OBSCENE AND VULGAR DISPLAYS. No floats or units shall
include any vulgar or obscene act, shall contain vulgar, obscene, or offensive language, contain
anything defamatory or otherwise offensive to the general members of the community. No
person shall use vulgar, obscene or derogatory language while on a float or unit.
Section 604:10: OTHER CONDITIONS. The City Council may establish other
conditions as deemed appropriate with respect to the issuance of any parade permit. The police
department shall be advised of these conditions and shall enforce the conditions as established by
the City Council. Violation of any additional condition established by the City Council shall
constitute a violation of this ordinance.
Section 604:11: PENALTY. A violation of this ordinance shall constitute a
misdemeanor.
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ORDINANCE 605 REGULATION OF CIGARETTE SALES .......................................... 605-1
Section 605.01: DEFINITIONS .................................................................................. 605-1
Section 605.02: LICENSE .......................................................................................... 605-1
Section 605.03: LICENSE FEE .................................................................................. 605-1
Section 605.04: TRAINING PROGRAM ................................................................... 605-1
Section 605.05: SIGNAGE ......................................................................................... 605-1
Section 605.06: SALES OF TOBACCO PRODUCTS ................................................ 605-2
Section 605.07: CIVIL PENALTIES .......................................................................... 605-2
Section 605.08: COMPLIANCE CHECKS................................................................. 605-3
Section 605.09: CRIMINAL PENALTY .................................................................... 605-3
605-0
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ORDINANCE 605 REGULATION OF CIGARETTE SALES
Section 605.01: DEFINITIONS. For purposes of this Ordinance, the following terms
shall be defined in this manner:
Subd. 1: Tobacco: Tobacco means cigarettes; cigars; cheroots; stogies; perique;
granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour;
cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps,
clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco, prepared in
such manner as to be suitable for chewing or smoking in a pipe or other tobacco-related devices.
Subd. 2: Tobacco-Related Devices: "Tobacco-Related Devices" means cigarettes papers
or pipes for smoking.
Subd. 3: Self-Service Vending Machines: Self-Service Vending Machines are
mechanical devices, which are accessible to the public and dispense for sale tobacco without the
need of assistance by or the intervention of an employee of the license holder.
Section 605.02: LICENSE. No person shall keep for retail sale, sell at retail or otherwise
dispose of any tobacco at any place in the city without first obtaining a license from the City.
Every person applying for a license to sell at retail any tobacco shall certify on the annual license
application that the person has implemented a training program for employees regarding laws
relating to the sale of tobacco and has trained all employees to comply with state laws regarding
the sale of tobacco and tobacco-related products. Every license shall be conspicuously posted at
the place for which the license is issued and shall be exhibited to any person upon request. No
person shall receive a cigarette license who has not met the general requirements for City
approvals under Section 14.06 of the St. Joseph Code of Ordinances.
Section 605.03: LICENSE FEE. The fee for every license shall be the amount as
established by resolution of the City Council, and as from time to time modified by council
resolution. Every license shall expire on December 31 of the year for which it is issued. If the
license applicant is blind, the license fee shall be waived in accordance with Minn. Stat. §461.12.
Section 605.04: TRAINING PROGRAM. Every licensee shall have in effect a training
program for employees that instructs them about the law prohibiting the sale of tobacco to
minors, related civil and criminal penalties and the licensee's policy regarding the sale of tobacco
products.
Section 605.05: SIGNAGE. Every person issued a license shall post in a conspicuous
place signs informing the public that tobacco will not be sold to minors.
605-1
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Section 605.06: SALES OF TOBACCO PRODUCTS.
Subd. 1: Underage Sale. No person shall sell, offer for sale, give away, furnish, or
deliver any tobacco-related product to any person under eighteen (18) years of age.
Subd. 2: Self-Service. Tobacco may be sold by means of self-service merchandising
provided that the self-service displays are located within the line of sight and immediate vicinity
of a responsible employee so that the displays can be monitored.
Subd. 3: Self-Service Vending Machines. No tobacco may be sold by self-service
vending machines, except where located in a building licensed for on-sale purchase of alcoholic
beverages.
Section 605.07: CIVIL PENALTIES.
Subd. 1: Penalty. Upon a violation by a licensee holding a retail tobacco license of any
provision of this ordinance or any provision of a state law regulating the sale or furnishing of
tobacco to minors, the City Council may impose civil penalties on the licensee in accordance
with the schedule set forth below:
st
1 violation within the licensing year: Civil fine of up to $100.00.
nd
2 violation within the licensing year: Civil fine of up to $200.00
rd
3 violation within the licensing year: Civil fine of up to $400.00.
th
4 violation within the licensing year: Suspension or revocation of license.
Subd. 2: Waiver. The City Council may reduce or waive the penalty on the licensee for
the sale of tobacco to persons under the age of 18 if the City Council finds that the person who
made the sale participated in a training program.
Subd. 3: Defense. It is a defense to the charge of selling tobacco to a person under the
age of 18 years that the licensee or individual in making the sale requested, received and
reasonably and in good faith relied upon proof of age identification in the form of a driver's
license, state identification card, passport or military identification card.
Subd. 4: Hearing. No civil fine may be imposed against a licensee, nor license
suspended or revoked, until the City Council has conducted a public hearing after having first
given the licensee two weeks written notice setting forth the time and date of the alleged
violation, and the time, date and place of the public hearing. Any civil fine assessed against a
licensee pursuant to this section must be paid in full within thirty (30) days from receipt of
written notification of the City Council imposition of the civil fine. Failure of a licensee to pay
the fine within that time period shall result in license suspension until payment of the fine.
Licensees whose licenses have been revoked may not be issued a new license within six (6)
months from the effective date of such revocation.
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Section 605.08: COMPLIANCE CHECKS. The City shall conduct random,
unannounced inspections at all retail licensee locations to test compliance with state law. The
inspections shall be performed by the police department or other law enforcement agency.
Section 605.09: CRIMINAL PENALTY. Any person who violates any provision of this
ordinance is guilty of a misdemeanor.
Updated 1/15/97
Updated 11/2013
605-3
CHAPTER VI – GENERAL REGULATIONS
ORDINANCE 606 REGULATION OF AMUSEMENT DEVICES ................................... 606-1
Section 606.01: DEFINITION .................................................................................... 606-1
Section 606.02: LICENSE REQUIRED ..................................................................... 606-1
Section 606.03: LICENSE RESTRICTIONS .............................................................. 606-1
Section 606.04: LICENSE FEE .................................................................................. 606-1
Section 606.05: CURFEW .......................................................................................... 606-1
Section 606.06: REVOCATION OF LICENSE .......................................................... 606-1
Section 606.07: CRIMINAL PENALTY .................................................................... 606-1
606-0
CHAPTER VI – GENERAL REGULATIONS
ORDINANCE 606 REGULATION OF AMUSEMENT DEVICES
Section 606.01: DEFINITION. For purposes of this ordinance, the term "amusement
device" shall include the following coin operated machines: jukebox, pinball machines, video
games, electronic games of skill, foosball tables and pool tables.
Section 606.02: LICENSE REQUIRED. No person shall keep an amusement device
within the City of St. Joseph, which is available for use by general members of the public, and
for which use there is a direct or indirect charge, unless a license therefore has been obtained on
application to the City Administrator/Clerk. If the issuance of the license will not violate any
ordinance provision, the City Administrator/Clerk shall issue a license to the applicant upon
payment of the required fee. A separate license shall be purchased for each individual
amusement device. No persons shall receive a license who has not met the general requirements
for City approvals under Section 104.06 of the St. Joseph Code of Ordinances.
Section 606.03: LICENSE RESTRICTIONS. No license shall be issued except to a
person of good moral character. Licenses may not be transferred or assigned.
Section 606.04: LICENSE FEE. The fee for every license shall be the amount as
established by resolution of the City Council, and as from time to time modified by council
resolution. Every license shall expire December 31 of the year for which it is issued.
Section 606.05: CURFEW. No person under the age of 16 years shall be allowed to
enter or remain on any premises, between the hours of 9:00 p.m. and 9:00 a.m., where there is
located an amusement device which is subject to licensing under this ordinance.
Section 606.06: REVOCATION OF LICENSE. The license issued under this ordinance
is subject to revocation for violation of this ordinance by the licensee, his or her agents or
employees. A revocation may be appealed to the City Council for an informal hearing, but the
request for a hearing must be made in writing to the City Clerk/Administrator within ten days
after the licensee receives notice of the City's intent to revoke or the hearing right is waived.
Section 606.07: CRIMINAL PENALTY. Any person who violates any provision of this
ordinance is guilty of a misdemeanor.
Updated 11/2013
606-1
CHAPTER VI – GENERAL REGULATIONS
ORDINANCE 607 REGULATION OF OBSCENITY ....................................................... 607-1
Section 607.01: DEFINITIONS .................................................................................. 607-1
Section 607.02: DISPLAY PROHIBITED .................................................................. 607-1
Section 607.03: USE OR RENTAL OF VIDEO FILMS ............................................. 607-1
Section 607.04: EXEMPTED ORGANIZATIONS ..................................................... 607-1
Section 607.05: PENALTY ........................................................................................ 607-2
607-0
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ORDINANCE 607 REGULATION OF OBSCENITY
Section 607.01: DEFINITIONS.
Subd. 1: For purposes of this ordinance, "obscenity" is defined as any photograph,
drawing, film, or other form of visual communication which simulates or depicts the following:
a) Persons engaging in sexual intercourse, sodomy, oral copulation, flagellation or
any sexual act which is prohibited by law.
b) Masturbation or bestiality.
c) Pubic hair, anus, vulva, genitals or female breasts below the top of the areola.
Subd. 2: For purposes of this ordinance, "commercial activity" shall include any activity
undertaken for the purpose of financial gain. For purposes of Section 2 herein, the prohibited
acts are unlawful even if they are not specifically undertaken for financial gain but are occurring
in conjunction with or incidental to nonprohibited commercial activities.
Section 607.02: DISPLAY PROHIBITED. Any person or entity, while engaging in a
commercial activity within the City of St. Joseph, shall be prohibited from publicly displaying or
having available for public inspection any magazine, book, newspaper, photograph, or other
publication which in whole or in part contains obscenity as defined herein, or to allow inspection
or viewing of the same by any person under the age of 19 years.
Section 607.03: USE OR RENTAL OF VIDEO FILMS.
Subd. 1: No person shall allow an individual under the age of 18 to rent or view any
films or videotapes which are made available for rental or use by general members of the public,
if the film or videotape received an "X" or "NR17" rating by the motion picture code.
Subd. 2: No person shall allow an individual under the age of 17 to rent or view any
films or videotapes which are made available for rental or use by general members of the public,
if the film or videotape has received an "R" rating by the motion picture code.
Section 607.04: EXEMPTED ORGANIZATIONS. This ordinance shall not apply to
any films or videotapes shown in conjunction with any legitimate and bona fide educational
program, nor shall it apply to any publications contained in a public library or school library of
any licensed educational institution.
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Section 607.05: PENALTY. A violation of any portion of this ordinance shall be
punishable as a misdemeanor, as otherwise provided in this Code of Ordinances.
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ORDINANCE 608 REGULATION OF TATTOOING ..................................................... 608-1
Section 608.01: PURPOSE AND INTENT ................................................................. 608-1
Section 608.02: DEFINITION .................................................................................... 608-1
Section 608.03: LICENSE REQUIRED ..................................................................... 608-1
Section 608.04: LICENSE EXCEPTION.................................................................... 608-1
Section 608.05: APPLICATION FOR LICENSE ....................................................... 608-1
Section 608.06: LOCATION RESTRICTED .............................................................. 608-2
Section 608.07: LICENSE TERM .............................................................................. 608-2
Section 608.08: LICENSING PROCEDURE .............................................................. 608-2
Section 608.09: LIABILITY INSURANCE ................................................................ 608-2
Section 608.10: BRANDING AND SCARIFICATION .............................................. 608-2
Section 608.11: TATTOOING OF MINORS .............................................................. 608-3
Section 608.12: HEALTH AND SANITARY REQUIREMENTS .............................. 608-3
Section 608.13: HOURS OF OPERATION ................................................................ 608-5
Section 608.14: INSPECTIONS ................................................................................. 608-5
Section 608.15: CRIMINAL PENALTIES ................................................................. 608-5
Section 608.16: LICENSE SUSPENSION/REVOCATION........................................ 608-5
Section 608.17: SEVERABILITY .............................................................................. 608-5
608-0
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ORDINANCE 608 REGULATION OF TATTOOING
Section 608.01: PURPOSE AND INTENT. It has been determined by the City Council
that the process of tattooing creates an increased risk of infection and the transmission of
communicable disease if not performed under appropriate sanitary and sterile conditions. It has
also been determined that the operation of a tattoo studio is incompatible with residential land
use or activities occurring in areas primarily used by children so as to require a reasonable
separation of activities. This ordinance has been adopted for the purpose of protecting public
health, safety and welfare.
Section 608.02: DEFINITION.
Subd. 1: Tattoo. An indelible mark or figure fixed on the body by insertion of pigment
under the skin or by production of scars. "Tattooing" means the process of creating a tattoo.
Subd. 2: Tattooist. A person who performs tattooing.
Subd. 3: Tattoo Studio. An establishment or facility in which tattooing is performed.
Subd. 4: Branding. The use of heat, cold or chemical compound to imprint permanent
markings on human skin by any means other than tattooing.
Subd. 5: Scarification. The cutting or tearing of human skin for the purpose of creating a
permanent mark or design on the skin.
Section 608.03: LICENSE REQUIRED. No person shall engage in tattooing, or operate
a tattoo studio without being licensed under this section. The license granted pursuant to this
Ordinance is non-transferrable. No person shall receive a tattoo license who has not met the
general requirements for City approvals under Section 104.06 of the St. Joseph Code of
Ordinances.
Section 608.04: LICENSE EXCEPTION. A medical doctor, licensed to practice
medicine by the State of Minnesota is exempt from the licensing provisions of this ordinance.
Section 608.05: APPLICATION FOR LICENSE.
Subd. 1: Any person desiring a license under this ordinance shall file with the City
Administrator a written application, on a form provided by the City, signed by said applicant,
and containing the name of the applicant, if an individual, the names of co-partners, if a
partnership, and if a corporation, the names of the principal officers of such corporation, a brief
608-1
CHAPTER VI – GENERAL REGULATIONS
description of the place or location at which such business is to be conducted, and such other
relevant information requested by the St. Joseph Health Officer.
Subd. 2: At the time of submitting an application for issuance or renewal of a license, the
applicant shall pay a license fee in an amount established by resolution of the City Council. The
license fee shall reflect the City's costs and expenses incurred in administering this Ordinance,
including the inspection cost of the designated City health officer.
Subd. 3: Upon receipt, the application shall be forwarded to the Health Officer for
processing.
Section 608.06: LOCATION RESTRICTED.
Subd. 1: No person shall engage in the practice of tattooing at any place other than the
place or location named or described in the application and license. A license may not be
transferred to a place or location other than described in the application and license.
Subd.2: The location shall be restricted to areas within the City zoned for business or
industrial use pursuant to special use permit granted in accordance with Section 502.07 Subd 3.
Subd.3: The location shall be at least 500 feet from property zoned for residential use,
property used for school purposes, a public park, or a publicly owned facility.
Subd.4: No license shall be granted or renewed if the location is licensed for the
furnishing of alcoholic beverages pursuant to Chapter VII of this Code or operating as an Adult
Entertainment Establishment as that term is defined in Section 502.04 Subd 3 of this Code.
Section 608.07: LICENSE TERM. All licenses issued under this section shall expire on
December 31 of the license year. The fee for a license issued in mid-year shall be prorated.
Section 608.08: LICENSING PROCEDURE. The St. Joseph Health Officer shall, upon
receipt of an application and prescribed license fee, cause an inspection of the premises named in
the application as the place or location at which the business is to be conducted. If the facility is
not found to be in clean and sanitary condition, the license will be denied.
Section 608.09: LIABILITY INSURANCE. Each applicant for a license, or the renewal
of an existing license, shall submit proof of a public liability insurance policy or certificate of
insurance from a company authorized to do business in the State of Minnesota insuring the
applicant against loss or injury arising out of the operation of a tattooing studio or due to
engaging in the practice of tattooing. The policy of insurance shall be in limits of not less than
the statutory limits of liability for a municipality. Failure to maintain the insurance in full force
and effect is grounds for revocation of the license.
Section 608.10: BRANDING AND SCARIFICATION. Branding and scarification are
prohibited in the City of St. Joseph.
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Section 608.11: TATTOOING OF MINORS. No person shall tattoo any person under
the age of eighteen (18) except in the presence of, and with the written permission of the person's
parents. The consent must include both the custodial and non-custodial parents where
applicable.
Section 608.12: HEALTH AND SANITARY REQUIREMENTS. No person shall
engage in the practice of tattooing at any place within the City of St. Joseph without complying
with the following regulations:
Subd.1: Every place where tattooing is done shall be equipped with a City sewer and
water connected toilet and hand basin or sink. The hand basin or sink shall be supplied with hot
and cold running water under pressure, and shall be maintained in good working order at all
times, and shall be kept in a clean and sanitary condition.
Subd.2: No person having any skin infection or other disease of the skin or any
communicable disease shall be tattooed.
Subd.3: All equipment, including needles, needle bars, tubes, pigment receptacles,
stencils, razors and razor blades shall be kept in a dust-proof glass case when not in use.
Subd.4: All needles and all tubes shall be sterilized in a steam pressure autoclave for at
least fifteen (15) minutes at a minimum of two hundred fifty (250) degrees Fahrenheit (one
hundred twenty-one (121) degrees centigrade) and at a minimum of fifteen (15) pounds of
chamber pressure, or at least thirty (30) minutes at a minimum of two hundred forty (240)
degrees Fahrenheit (one hundred fifteen (115) degrees centigrade) and at a minimum of ten (10)
pounds of chamber pressure before use on any customer, and after their use shall be again so
sterilized.
Subd.5: Sterilizing solutions may be used for the purpose of sterilizing instruments other
than needles when such sterilizing solutions are approved prior to use by the St. Joseph Board of
Health.
Subd.6: Skin preparation and aseptic technique shall be as follows:
a) Each tattooist shall scrub his hands thoroughly before beginning to tattoo.
Tattooists with skin infections of the hand shall not tattoo.
b) Whenever it is necessary to shave the skin, a safety razor must be used. A new
blade must be used for each customer. The razor shall be cleaned with soap and
hot water after each use and kept in a closed case when not in use. All electric
hair clippers shall be sanitized by a method approved by the Board of Health.
c) The skin area to be tattooed must be thoroughly cleaned with germicidal soap and
water, rinsed thoroughly, and sterilized with an antiseptic solution approved prior
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CHAPTER VI – GENERAL REGULATIONS
to use by the Board of Health. Only single-service towels and washcloths shall be
used in the skin cleaning process.
d) Tattooing shall not be performed on any area of the skin where there is an evident
skin infection.
e) After tattooing, a sterile dressing shall be applied to the tattooed area.
f) Every person to be tattooed shall be asked whether he or she has treated positive
for HIV, had viral hepatitis, or other communicable disease within the preceding
six (6) months. No person suspected of having HIV, viral hepatitis, or other
communicable disease shall be tattooed.
Subd.7: All tables, chairs and operating furniture shall be constructed of metal with
white enamel or porcelain finish or stainless steel, and shall be kept in a clean and sanitary
condition.
Subd.8: Every tattoo studio shall provide single-service towels or wipes for each
customer and such towels or wipes shall be stored and disposed of in a manner acceptable to the
Board of Health.
Subd.9: Every tattooist shall wear clean white washable garments when engaged in the
practice of tattooing.
Subd.10: Pigments used in tattooing shall be sterile and free from bacteria and noxious
agents and substances, and the pigments used from stock solutions for each customer shall be
placed in a single-service receptacle and such receptacle and remaining solution shall be
discarded after use on each customer.
Subd.11: All bandages and surgical dressings used in connection with the tattooing of
any person shall be sterile.
Subd.12: There shall be not less than one hundred fifty (150) square feet of floor space at
the place where the practice of tattooing is conducted, and said place shall be so lighted and
ventilated as to comply with the standards approved by the Board of Health.
Subd.13: No place used for the practice of tattooing shall be used or occupied for living
or sleeping quarters, or for any purpose other than tattooing.
Subd.14: No person shall be granted a license under this chapter who is not of good
moral character and free from communicable disease. Tattooists shall submit to a blood test to
screen for communicable disease prior to engaging in tattooing, and shall submit to subsequent
blood testing at least every twelve (12) months thereafter. Results of the blood screening shall
be delivered to the Health Officer.
Subd.15: No person shall engage in tattooing while under the influence of alcohol or
drugs.
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CHAPTER VI – GENERAL REGULATIONS
Subd.16: The tattooist shall provide the person tattooed with printed instructions on the
approved care of the tattoo during the healing process.
Subd.17: No customer shall be tattooed while under the influence of alcohol or drugs.
Subd.18: The practice of tattooing shall be conducted in compliance with any other rules
or regulations adopted by the St. Joseph Board of Health for the purpose of protecting the health
and safety of customers and/or the general public.
Section 608.13: HOURS OF OPERATION. The operation of a commercial tattooing
business is limited to the hours of 8:00 a.m. to 8:00 p.m.
Section 608.14: INSPECTIONS. A person who owns, operators, or maintains a tattoo
studio shall allow inspection of the studio by the Health Officer at any time the studio is in
operation. Failure to allow inspection is grounds for license revocation.
Section 608.15: CRIMINAL PENALTIES. Any person, corporation or other legal entity
violating any provision of this ordinance shall be guilty of a misdemeanor. In the event of a
violation by a corporation or limited liability company, the officers or managers of the entity
may be held criminally responsible for the acts of the entity.
Section 608.16: LICENSE SUSPENSION/REVOCATION. The license granted under
this ordinance shall be subject to revocation if the business is conducted in violation of this
ordinance. If the Health Officer determines that a violation has occurred, the license may be
immediately suspended by the Health Officer and all tattooing shall cease. Within seven (7)
days of receipt of notice of suspension, the licensee may request a hearing before the City
Council to be conducted in accordance with Minn. Stat. §15.0418 to 16.0426. The request for a
hearing shall be in writing and delivered to the City Clerk/Administrator. The hearing shall be
conducted before the City Council within twenty-one (21) days of receipt of the request. If the
licensee fails to request a hearing within seven (7) days of notice of suspension, or if the City
Council affirms the findings of the Health Officer, the license shall be subject to revocation,
continued suspension not in excess of sixty (60) cumulative days, or a civil fine not to exceed
$1,000.00. If the City Council fails to find a violation of the Ordinance, the license shall be
immediately reinstated.
Section 608.17: SEVERABILITY. If any section, subsection or clause of this Ordinance
is for any reason held to be invalid, such decision shall not affect the validity and enforceability
of the remaining portions of this Ordinance.
Updated 2/24/98
Updated 11/2013
608-5
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ORDINANCE 609 ALARMS ............................................................................................ 609-1
Section 609.01: PURPOSE ......................................................................................... 609-1
Section 609.02: SCOPE .............................................................................................. 609-1
Section 609.03: DEFINITIONS .................................................................................. 609-1
Section 609.04: PERMIT REQUIRED; APPLICATION; FEE; TRANSFERABILITY;
FALSE STATEMENTS ...................................................................... 609-3
Section 609.05: ALARM SYSTEMS IN APARTMENT COMPLEXES CONTRACTED
FOR BY INDIVIDUAL TENANT ...................................................... 609-4
Section 609.06: ALARM SYSTEMS IN APARTMENT COMPLEXES FURNISHED BY
THE APARTMENT COMPLEX AS AN AMENITY ......................... 609-4
Section 609.07: PERMIT DURATION AND RENEWAL.......................................... 609-5
Section 609.08: PROPER ALARM SYSTEMS OPERATION AND MAINTENANCE ......
.................................................................................................................................... 609-5
Section 609.09: MONITORING PROCEDURES ....................................................... 609-5
Section 609.10: DUTIES OF ALARM BUSINESS .................................................... 609-6
Section 609.11: ALARM SYSTEM OPERATING INSTRUCTIONS ........................ 609-6
Section 609.12: ALARM DISPATCH REQUEST RECORDS ................................... 609-7
Section 609.13: SYSTEM PERFORMANCE REVIEWS ........................................... 609-8
Section 609.14: ADMINISTRATIVE PENALTIES ................................................... 609-8
Section 609.15: APPEAL FROM PENALTIES .......................................................... 609-9
Section 609.16: REVOCATION, SUSPENSION OR LOSS OF ALARM PERMIT ... 609-9
Section 609.17: APPEAL FROM DENIAL, SUSPENSION OR REVOCATION OF A
PERMIT .............................................................................................609-10
Section 609.18: REINSTATEMENT OF PERMIT ....................................................609-10
Section 609.19: VIOLATIONS .................................................................................609-10
609-0
CHAPTER VI – GENERAL REGULATIONS
ORDINANCE 609 ALARMS
Section 609.01: PURPOSE. The purpose of this ordinance is to encourage Alarm Users
and Alarm Businesses to maintain operational reliability and properly use Alarm Systems and to
reduce or eliminate False Alarm Dispatch Requests.
Section 609.02: SCOPE. This ordinance governs systems intended to summon police,
fire and emergency medical response, requires permits, establishes fees, provides for penalties,
for violations, establishes a system of administration, and sets conditions for suspension or loss
of permits.
Section 609.03: DEFINITIONS.
Subd. 1: Alarm Administrator. A Person or Persons designated by the governing
authority to administer, control and review alarm applications, permits and Alarm Dispatch
Requests.
Subd. 2: Alarm Business. The business, by an individual, partnership, corporation or
other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving,
installing or Monitoring an Alarm System in an Alarm Site.
Subd. 3: Alarm Dispatch Request. A notification to the police or fire dispatch by the
Alarm Business that an alarm, either manual or automatic has been activated at a particular
Alarm Site.
Subd. 4: Alarm Review Board. The City Council for police alarms and the fire Board
for fire alarms.
Subd. 5: Alarm Site. A single premises or location served by an Alarm System. Each
tenancy, if served by a separate Alarm System in a multi-tenant building or complex shall be
considered a separate Alarm Site.
Subd. 6: Alarm System. A device or series of devices, including, but not limited to,
systems interconnected with radio frequency signals, which are designed to discourage crime, by
emitting or transmitting a remote or local audible, visual or electronic signal indicating an alarm
condition or reporting a fire. Alarm System does not include:
a) An alarm installed on a vehicle unless the vehicle is permanently located at a site;
or
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CHAPTER VI – GENERAL REGULATIONS
b) An alarm designed to alert only the inhabitants of a premises that does not
have a sounding device which can be heard on the exterior of the Alarm Site.
Subd. 7: Alarm User. Any Person, firm, partnership, corporation or other entity who
(which) uses an Alarm System at its Alarm Site.
Subd. 8: Chief. The Chief of Police or the Fire Chief, whichever is appropriate, or an
authorized representative of either.
Subd. 9: Conversion. The transaction or process by which one Alarm Business begins
Monitoring of an Alarm System previously monitored by another Alarm Business.
Subd. 10: Duress Alarm. A silent Alarm Signal generated by the manual activation of a
device intended to signal a crisis situation requiring police response.
Subd. 11: False Alarm Dispatch. An Alarm Dispatch Request to the dispatch center,
when the responding officer finds no evidence of a criminal offense or attempted criminal
offense after having completed a timely investigation of the Alarm Site or no fire has been
detected. An Alarm Dispatch Request that is canceled by the Alarm Business or the Alarm User
prior to the time the responding personnel reaches the Alarm Site shall not be considered a False
Alarm Dispatch.
Subd. 12: Holdup Alarm. A silent Alarm Signal generated by the manual activation of a
device intended to signal a robbery in progress.
Subd. 13: Keypad. A device that allows control of an Alarm System by the manual
entering of a coded sequence of numbers or letters.
Subd. 14: Monitoring. The process by which an Alarm Business receives signals from
Alarm Systems and relays an Alarm Dispatch Request to the city for the purpose of summoning
police or fire response to the Alarm Site.
Subd. 15: One Plus Duress Alarm. The manual activation of a silent alarm signal by
entering at a Keypad a code that adds one to the last digit of the normal arm/disarm code
(Normal code = 1234 One Plus Duress Code = 1235).
Subd. 16: Person. An individual, corporation, partnership, association, organization or
similar entity.
Subd. 17: Takeover. The transaction or process by which an Alarm User takes over
control of an existing Alarm System that was previously controlled by another Alarm User.
Subd. 18: Verify. An attempt, by the Alarm Business, or its representative, to contact
the Alarm Site by telephonic or other electronic means, whether or not actual contact with a
Person is made, before requesting a police dispatch, in an attempt to avoid an unnecessary Alarm
Dispatch Request.
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Section 609.04: PERMIT REQUIRED; APPLICATION; FEE; TRANSFERABILITY;
FALSE STATEMENTS.
Subd. 1: No Alarm User shall operate, or cause to be operated, an Alarm System at its
Alarm Site without a valid alarm permit issued by the Alarm Administrator after January 1,
2001. A separate permit is required for each Alarm Site. A special classification shall be required
for an Alarm System equipped for Duress Alarm.
Subd. 2: There will be no fee for an alarm permit.
Subd. 3: Upon receipt of a completed application form, the Alarm Administrator shall
issue an alarm permit to an applicant unless the applicant has:
a) Failed to pay an administrative penalty assessed under Section 609.14 or,
b) Had an alarm permit for the Alarm Site suspended or revoked, and the violation
causing the suspension or revocation has not been corrected.
Subd. 4: Each permit application must include the following information:
a) The name, address, and telephone numbers of the Person who will be the permit
holder and be responsible for the proper maintenance and operation of the Alarm
System and payment of fees assessed under this article;
b) The classification of the Alarm Site as either residential, commercial or
apartment;
c) For each Alarm System located at the Alarm Site, the purpose of the Alarm
System, i.e., burglary, holdup, duress, fire, or other;
d) Signed certification from the Alarm User and the Alarm. Business stating:
1. The date of installation, Conversion or Takeover of the Alarm System,
whichever is applicable;
2. The name, address, and phone number of the Alarm Business performing
the Alarm System installation, Conversion or Alarm System Takeover and
responsible for providing repair service to the Alarm. System;
3. The name, address, and phone number of the Alarm Business Monitoring
the Alarm System if different from the installing Alarm Business;
4. That a set of written operating instructions for the Alarm System,
including written guidelines on how to avoid false alarms, have been left
with the applicant; and
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5. That the Alarm Business has trained the applicant in proper use of the
Alarm System, including instructions on how to avoid false alarms.
e) Classification of the Alarm Site as being equipped or non-equipped for Duress
Alarm.
Subd. 5: Any false statement of a material matter made by an applicant for the purpose
of obtaining an alarm permit shall be sufficient cause for refusal to issue a permit.
Subd. 6: An alarm permit cannot be transferred to another Person. An Alarm User shall
inform the Alarm Administrator of any change that alters any information listed on the permit
application within five business days.
Subd. 7: All fees owed by an applicant must be paid before a permit may be issued or
renewed.
Subd. 8: All employees or representatives of the city shall hold information contained in
permit applications in confidence with access to such information.
Section 609.05: ALARM SYSTEMS IN APARTMENT COMPLEXES CONTRACTED
FOR BY INDIVIDUAL TENANT.
Subd. 1: If an Alarm System installed by an individual tenant in an apartment complex
unit is Monitored, the tenant must provide the name of a representative of the apartment owner
or property manager who can grant access to the apartment to the Alarm Business which is
providing the Monitoring service.
Subd. 2: A tenant of an apartment complex shall also obtain an alarm permit from the
Alarm Administrator before operating or causing the operation of an Alarm System in the
tenant's residential unit. The annual fee for this permit or the renewal of this permit shall be the
same as the fee for a residential Alarm Site.
Subd. 3: For purposes of enforcing this article against an individual residential unit, the
tenant is responsible for False Alarm Dispatches emitted from the Alarm System in the tenant's
residential unit.
Section 609.06: ALARM SYSTEMS IN APARTMENT COMPLEXES FURNISHED
BY THE APARTMENT COMPLEX AS AN AMENITY.
Subd. 1: If the owner or property manager of an apartment complex provides Alarm
Systems in each residential unit as an amenity, then the owner or property manager of the
apartment complex shall obtain a master alarm permit from the Alarm Administrator.
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Subd. 2: For purposes of assessing penalties and enforcing this article, the master alarm
permit holder is responsible for payment of penalties for False Alarm Dispatches emitted from
the Alarm Systems in residential units.
Subd. 3: The owner or property manager of an apartment complex shall obtain a separate
alarm permit for any Alarm System operated in a nonresidential area of the apartment complex,
including, but not limited to, common tenant areas and office, storage and equipment areas. An
annual fee for such a permit shall be the same as the fee for a residential Alarm Site.
Section 609.07: PERMIT DURATION AND RENEWAL.
A permit shall expire one year from the date of issuance, and must be renewed annually
by submitting an updated application and a permit renewal fee to the Alarm Administrator. The
Alarm Administrator shall notify each Alarm User of the need to renew thirty (30) days prior to
the expiration of their permit. It is the responsibility of the Alarm User to submit an application
prior to the permit expiration date. Failure to renew will be classified as use of a non-permitted
Alarm System and citations and penalties shall be assessed without waiver.
Section 609.08: PROPER ALARM SYSTEMS OPERATION AND MAINTENANCE.
Subd. 1: An Alarm User shall:
a) Maintain the premises and the Alarm System in a manner that will minimize or
eliminate False Alarm Dispatches, and make every reasonable effort to respond or
cause a representative to respond to the Alarm System's location within one hour
when notified by the city to deactivate a malfunctioning Alarm System, to provide
access to the premises, or to provide security for the premises, and
b) Not manually activate an alarm for any reason other than an occurrence of an
event that the Alarm System was intended to report.
Subd. 2: An Alarm User shall adjust the mechanism or cause the mechanism to be
adjusted so that an alarm signal audible on the exterior of an Alarm Site will sound for no longer
than ten (10) minutes after being activated (or fifteen (15) minutes for systems operating under
Underwriters Laboratories, Inc. standards 365 or 609).
Subd. 3: An Alarm User shall have a properly licensed Alarm Business inspect his
Alarm System after (2) False Alarm Dispatches in a one year period. After (3) False Alarm
Dispatches the Alarm User must have a properly licensed Alarm Business modify the Alarm
System to be more false alarm resistant or provide additional user training as appropriate.
Section 609.09: MONITORING PROCEDURES.
Subd. 1: An Alarm Business performing Monitoring services shall:
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a) Not request dispatch for police or fire response during the first week after
installation of an Alarm System, but rather use that week to train the Alarm User
on proper use of the Alarm System unless extenuating circumstances necessitate
immediate requests for response as determined by the Administrator.
b) Report alarm signals by using telephone numbers designated by the Alarm
Administrator;
c) Attempt to verify every alarm signal, except a duress or hold up alarm activation
before requesting a police response to an alarm signal;
d) Communicate Alarm Dispatch Requests to the city in a manner and form
determined by the Alarm Administrator;
e) Communicate verified cancellations of Alarm Dispatch Requests to the city in a
manner and form determined by the Alarm Administrator;
f) Ensure that all Alarm Users of Alarm Systems equipped with Duress Alarm are
given adequate training as to the proper use of the Duress Alarm.
Subd. 2: The Alarm Administrator shall:
a) Designate a manner, form and telephone numbers for the communication of
Alarm Dispatch Requests;
b) Develop a procedure to accept verified cancellation of Alarm Dispatch Requests.
Section 609.10: DUTIES OF ALARM BUSINESS.
Subd. 1: After passage of this ordinance, Alarm Businesses shall not program Alarm
Systems so that they are capable of sending One Plus Duress Alarms. Alarm Businesses may
continue to report One Plus Duress Alarms received from Alarm Systems programmed with this
feature prior to the passage of this ordinance. However, after passage of this ordinance, when
performing a Takeover or Conversion an Alarm Business must remove the One Plus Duress
Alarm capability from the Alarm System being taken over or converted.
Subd. 2: After passage of this ordinance, Alarm Businesses shall not install a device for
activating a hold-up alarm which is a single action non recessed button.
Section 609.11: ALARM SYSTEM OPERATING INSTRUCTIONS. An Alarm User
shall maintain at each Alarm Site, a set of written operating instructions for each Alarm System.
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Section 609.12: ALARM DISPATCH REQUEST RECORDS.
Subd. 1: The personnel responding to an Alarm Dispatch Request shall record such in
information as necessary to permit the Alarm Administrator to maintain records, including, but
not limited, to the following information:
a) Identification of the permit number for the Alarm Site;
b) Identification of the Alarm Site;
c) Arrival time at the Alarm Site and dispatch received time;
d) Date and time;
e) Weather conditions;
f) Area and/or sub-area of premise involved;
g) Game of Alarm User's representative on premises, if any;
h) Identification of the responsible Alarm Business, and/or;
i) Unable to locate the address.
Subd.2: The responding personnel shall indicate on the dispatch record whether the
dispatch was caused by a criminal offense, an attempted criminal offense, fire, medical problem,
or was a False Alarm Dispatch.
Subd. 3: In the case of an assumed False Alarm Dispatch, the responding personnel shall
leave notice at the Alarm Site that the agency has responded to a False Alarm Dispatch. The
notice shall include the following information:
a) The date and time of response to the False Alarm Dispatch;
b) The identification number of the responding personnel, and,
c) A statement urging the Alarm User to ensure that the Alarm System is properly
operated, inspected, and serviced in order to avoid fines.
Subd. 4: Alarm Businesses that perform Monitoring services must maintain for a period
of at least one year following request for dispatch to an Alarm Site, records relating to the
dispatch. Records must include the name, address and phone number of the Alarm User, the
Alarm System zone(s) or point(s) activated, the time of request for dispatch and evidence that an
attempt to Verify was made to the Alarm Site prior to the request for dispatch. The Alarm
Administrator may request copies of such records for individually named Alarm Users.
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Section 609.13: SYSTEM PERFORMANCE REVIEWS. If there is reason to believe
that an Alarm System is not being used or maintained in a manner that ensures proper operation
and suppresses false alarms, the Alarm Administrator may require a conference with an Alarm
User and the Alarm Business responsible for the repair of the Alarm System to review the
circumstances of each false alarm.
Section 609.14: ADMINISTRATIVE PENALTIES.
Subd. 1: An Alarm User or the master permit holder for an apartment complex shall be
subject to administrative penalties, warnings and suspension or revocation of permit depending
on the number of False Alarm Dispatches emitted from an Alarm System within a 12-month
period based upon the following schedule:
Number of False Action Taken Penalty
Alarm Dispatches
1 On Site Written Notice & Warning Letter #1 0
2 On Site Written Notice & Warning Letter #2 0
3 On Site Written Notice & Administrative costs $300
Third Fire Response
Third Police Response $50
4 On Site Written Notice & Administrative Costs $400
Fourth Fire Response
Fourth Police Response $100
5 On Site Written Notice. Administrative
Costs & Suspension of Permit $500
Fifth Fire Response
Fifth Police Response $200
6 On Site Written Notice, Administrative
Costs & Revocation of permit $600
Fifth Fire Response
Fifth Police Response $300
Subd. 2: In addition, any Person, operating an Alarm System without a permit (whether
revoked, suspended or never acquired) will be subject to a citation and assessment of a level 6
penalty for each False Alarm Dispatch, in addition to any other fines. The Alarm Administrator
may waive this additional penalty for a non-permitted system if the Alarm User applies for a
permit within ten days after such violation.
Subd. 3: Alarm Dispatch Requests, caused by actual criminal offense, with evidence of a
criminal attempt, or evidence of a need for fire response, shall tot be counted as a False Alarm
Dispatch.
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Subd. 4: The Alarm Administrator may reinstate a suspended permit upon receipt of
acceptable evidence that the cause has been addressed and appropriate corrective action has been
taken as outlined in Section 609.16.
Section 609.15: APPEAL FROM PENALTIES.
Subd. 1: An Alarm User may appeal assessment of an administrative penalty to the
Alarm Review Board by filing a written request for hearing setting forth the reasons for the
appeal within ten (10) days after receipt of the fine. The filing of a request for an appeal
hearing with the Alarm Review Board stays the assessment of the fee until the Alarm Review
Board makes a final decision.
Subd. 2: The Alarm Review Board shall conduct a formal hearing and consider the
evidence by any interested Person(s). The Board shall make its decision on the basis of the
preponderance of evidence presented at the hearing including, but not limited to, evidence that a
False Alarm Dispatch was caused by a defective part that has been repaired or replaced or that an
Alarm Dispatch Request was caused by a criminal offense or fire. The Board must render a
decision within thirty (30) days after the request for an appeal hearing is filed. The Board shall
affirm, reverse or modify the assessment of the fee. The decision of the Board is final as to
administrative remedies with the City.
Section 609.16: REVOCATION, SUSPENSION OR LOSS OF ALARM PERMIT.
Subd. 1: In addition to suspension or revocation pursuant to Section 69.14, the Alarm
Administrator may suspend or revoke an alarm permit if it is determined that:
a) There is a false statement of a material matter, in the application for a permit;
b) The permit holder has failed to make timely payment of an administrative penalty
assessed under Section.
Subd. 2: A Person commits an offense if he operates an Alarm System during the period
in which his alarm permit is suspended or revoked.
Subd. 3: Where an Alarm Dispatch Request is received from an Alarm Site for which the
alarm permit is revoked due to repeated False Alarm Dispatches, the Chief of Police may
consider the possibility that the request is another false alarm when prioritizing police response
to that Alarm Site. The Fire Chief may also consider that possibility when prioritizing response
to that Alarm Site.
Subd. 4: If the alarm permit is reinstated pursuant to Section 69.16, the Alarm
Administrator may revoke the alarm permit if it is determined that 2 subsequent False Alarm
Dispatches occur within sixty (60) days after the reinstatement date.
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CHAPTER VI – GENERAL REGULATIONS
Section 609.17: APPEAL FROM DENIAL, SUSPENSION OR REVOCATION OF A
PERMIT.
Subd. 1: If the Alarm Administrator denies the issuance or renewal of a permit, or
suspends or revokes a permit, he or she shall send written notice of his action and a statement of
the right to an appeal, by certified mail, return receipt requested, to both the applicant or Alarm
User and the Alarm Business.
The applicant or Alarm User may appeal the decision of the Alarm Administrator to the
appropriate Chief by filing a written request for a review setting forth the reason twenty days
after receipt of the notice from the Alarm Administrator. An Alarm Business may submit the
request for review on behalf of an Alarm User.
Filing of a request for appeal shall stay the action by the Alarm Administrator suspending
or revoking a permit until the Chief has completed his/her review. If a request for appeal is not
made within the twenty-day (20) period. The action of the Chief is final.
Subd. 2: Alarm Users shall be entitled to a hearing before the Alarm Review Board, if
requested within twenty (20) days of receipt of notice of a sustained denial or revocation of
permit by the Chief. An Alarm, Business may submit a request for hearing on behalf of an Alarm
User.
Subd. 3: The Alarm Review Board shall conduct a formal hearing and consider the
evidence by any interested Person(s). The Board shall make its decision on the basis of a
preponderance of the evidence presented at the hearing including, but not limited to, certification
that Alarm Users have been retrained, that a defective part has been repaired or replaced, or that
the cause of the false alarm has been otherwise determined and corrected. The Board must render
a written decision within thirty (30) days after the request for an appeal hearing is filed. The
Board shall affirm, reverse, or modify the action of the Chief. The decision of the Board is final
as to administrative remedies with the City.
Section 609.18: REINSTATEMENT OF PERMIT. A Person whose alarm permit has
been revoked may be issued a new permit if the Person:
a) Submits an updated application and pays the appropriate permit fee, and;
b) Pays, or otherwise resolves, all citations and fees, and;
c) Submits a certification from an Alarm Business, that complies with the
requirements of this article, stating that the Alarm System has been inspected and
repaired (if necessary) by the Alarm Business.
Section 609.19: VIOLATIONS. Violation of Sections 609.04, 609.05 and 609.06 of this
Ordinance shall be deemed a misdemeanor. Violation of any other provision of this Ordinance
shall be deemed a petty misdemeanor.
Added this ordinance 3/1/01
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CHAPTER VI—GENERAL REGULATIONS
ORDINANCE 610 LODGING TAX.................................................................................. 610-1
Section 610.01: PURPOSE......................................................................................... 610-1
Section 610.02: DEFINITIONS.................................................................................. 610-1
Section 610.03: IMPOSITION OF TAX..................................................................... 610-1
Section 610.04: DISTRIBUTION OF TAX................................................................ 610-1
Section 610.05: EXCEPTIONS AND EXEMPTIONS................................................ 610-1
Section 610.06: COLLECTIONS ............................................................................... 610-2
Section 610.07: PENALTIES ..................................................................................... 610-3
Section 610.08: TAX DETERMINED BY THE CITY COUNCIL............................. 610-3
Section 610.09: ADMINISTRATION ........................................................................ 610-4
Section 610.10: DEPOSIT IN SPECIAL PURPOSE FUND....................................... 610-4
Section 610.11: DISTRIBUTION............................................................................... 610-4
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CHAPTER VI—GENERAL REGULATIONS
ORDINANCE 610 LODGING TAX
Section 610.01: PURPOSE. In order to increase commerce and to provide for a vibrant
city atmosphere that will attract tourism and convention business to the city, it is essential that
the city be marketed and promoted by a local convention and tourist bureau.
Section 610.02: DEFINITIONS. The word or words defined in this Section shall have
the meaning described in the subdivisions which follow:
Subd. 1: Hotel or Motel: Hotel or Motel or similar establishment means any building or
portion thereof containing six or more guest rooms intended or designed to be used, or which are
used, rented, hired out to be occupied, or which are occupied for sleeping purposes by guests for
a period of less than 30 continuous days.
Subd. 2: Rooming House: Rooming House or similar establishment means any building
or portion thereof containing not more than five guests rooms intended or designed to be used, or
which are used, rented, hired out to be occupied, or which are occupied for sleeping purposes by
guests for a period of less than 30 continuous days
Subd. 3: Operator. The person who is the proprietor of the hotel, whether in the capacity
of owner, lessee, sub lessee, licensee, or any other capacity, is an operator
Section 610.03: IMPOSITION OF TAX. The following tax, as authorized my MN
Statute 469.190 will apply:
Subd. 1: A tax of three percent is hereby imposed on the gross receipts generated within
the city from the furnishing for consideration of lodging at hotels, motels, rooming
houses/facilities, tourist courts or resorts, other than the renting or leasing of lodging for a
continual period of 30 days or more
Subd. 2: Those persons qualifying under paragraph one of this section will pay a tax on
the operator of the hotel or the establishment at the time the charge is paid. The tax constitutes a
debt owed to the City by the operator and is extinguished only by payment to the City.
Section 610.04: DISTRIBUTION OF TAX. The three percent (3%) tax collected will be
distributed according the MN Statute 469.190. Ninety-five percent of the proceeds must be used
to fund a local convention and tourist bureau for the purpose of marketing and promoting the
City as a convention and tourist center for that purpose.
Section 610.05: EXCEPTIONS AND EXEMPTIONS.
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CHAPTER VI—GENERAL REGULATIONS
Subd. 1: Privilege of Occupancy:
a) Exceptions. No tax will be imposed on room rentals paid by any
officer or employee of a foreign government who is exempt by reason of
express provisions of federal law or international treaty.
b) Exemptions. No exemption from the tax imposed under this Code will be
granted except upon a claim thereof made at the time the rent is collected
by the operator, and such claim will be made in writing and under
penalty of perjury. All such claims will be forwarded to the City when
the reports and collections are submitted as required under Section
610.05 of this Code. Such exemptions will be granted as follows: Upon
any person to whom, or occupancy to which, it is beyond the power of
the City to so tax
Section 610.06: COLLECTIONS.
Subd. 1: Operators Duties: Each operator will collect the tax imposed by this Code at
the time the rent is paid. The amount of tax will be separately stated from the rent charged. Those
persons paying the tax will receive a receipt of payment from the operator:
Subd. 2: Reports. Each operator collecting such tax will make a report upon forms
distributed to the operator by the Finance Director. Such reports will contain, at a minimum:
A. The amount of room rentals collected.
B. The amount of tax required to be collected and due for the period.
C. The signature of the operator or that of the agent if the operator has not made the
report.
D. The period the return covers.
E. The amount of room rentals uncollectible.
F. Such additional information as the City Council, in its discretion, from time to time
requires.
Subd. 3: Payment to the City. Payment of the tax will be submitted by the operator to
the City along with the required reports. Payment will cover the tax due for the preceding
calendar month, or any alternative four-week accounting period, whichever the case will be, and
such payment will be made no later than 25 days after the end of such calendar or alternative
accounting month.
Subd. 4: Examination of Return. After a return is filed, the Finance Director may make
any examination of the records and accounts of the person making the return which he deems
necessary for determining its correctness. The tax computed on the basis of such examination
will be the tax to be paid. If the tax due is found to be greater than that paid, such excess will be
paid within ten days after receipt of notice. Such notice will be given either personally or sent
by registered mail to the address listed on the return. If the tax paid is greater than the tax
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CHAPTER VI—GENERAL REGULATIONS
found to be due, the excess paid will be refunded to the operator at the address listed on the
return.
Section 610.07: PENALTIES.
Subd. 1. Original Deficiency. Any operator failing to make payment within the 25-day
period specified in sub-section 610.06, Subdivision 3, of this Code will be required to pay a
penalty of five percent (5%) of the tax amount remaining unpaid. The amount of said tax not
timely paid, together with said penalty, will bear interest at the rate of seven percent (7%) per
annum from the time such tax should have been paid until paid. Any interest and penalty will
be added to the tax and be collected as a part thereof.
Subd. 2. Continuing Deficiency. If payment of the tax and the five percent (5%)penalty
imposed under subdivision 1 of this section is not paid within 30 days of the date the tax is due
as specified in sub-section 610.06, Subdivision 3, of this Code, an additional ten percent (10%)
penalty will be imposed upon the amount of tax due plus the original deficiency penalty of
five percent (5%). If the delinquency continues beyond 30 days after the tax is due as
specified in sub-section 610.06, Subdivision 3, of this Code, the City Attorney may commence
such action necessary to collect the tax and penalties due.
Subd. 3. Abatement of Penalties. The Administrator will have the power to abate
penalties when, in his opinion, the enforcement would be unjust and inequitable. All requests
for abatement of penalties will be in writing and will set forth the reasons for the failure to
file the return and pay the tax timely. The Administrator will report all penalty abatements to the
City Council at the next regular City Council meeting.
Section 610.08: TAX DETERMINED BY THE CITY COUNCIL.
Subd. 1: If the operator refuses to collect the tax imposed or fails to make the required
reports, the Finance Director will obtain facts and information and make an estimate of the
amount of tax due and report to the City Council for approval. After approval by the City
Council, the Finance Director will give the operator a statement of the tax due to his estimate
and give notice personally or through registered mail to such operator of the amount due.
Depending upon the time periods as specified in Section 610.07 of this Code, the amount of
tax estimated will include the applicable penalties and interest. Payments will be made
within ten days after receipt of notice. For the purpose of carrying out the provisions of
this section, the Finance Director will have the right of access to the books and records of the
operator.
Subd. 2. The operator will have ten days after receipt of notice to make a written
application for a hearing on the assessed tax to the Finance Director. If no request is made
during this ten day period, the amount specified in the statement of the Finance Director,
including penalties and interest, becomes final and payable within ten days.
Subd. 3. If a hearing is properly requested, the running of the time periods described in
Section 610.06 of this Code are automatically stayed. Notice of the hearing will be given to
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CHAPTER VI—GENERAL REGULATIONS
the operator at least ten days in advance. All hearings are to be held before the City Council.
The Council may then determine the amount due, when it will be paid, and whether or not the
penalty time period under Section 610.07 of this Code will resume running until payment.
Once the amount due becomes fixed under either Subdivision 1, 2, or 3, of this section, any
further steps necessary to ensure collection may be taken by the City Attorney.
Section 610.09: ADMINISTRATION. The City Administrator shall have responsibility
for enforcement and administration of this Ordinance.
Section 610.10: DEPOSIT IN SPECIAL PURPOSE FUND. All revenues collected
pursuant to Section 610 will be deposited in a special purpose fund, hereby established, to be
known as the "Hotel-Motel Tax Fund."
Section 610.11: DISTRIBUTION. Distribution of all revenues collected pursuant to this
Ordinance will be in accordance with the percentages established in Section 610.04 shall be
under budget approved annually by the St. Joseph Economic Development Authority and will be
used for the purpose of the advancement of the City of St. Joseph as a tourist and convention
center. The City may retain a sum not to exceed the actual amount of its costs incurred in the
collection and administration of this tax.
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CHAPTERS VI GENERAL REGULATIONS
ORDINANCE 611 SEXUALLY-ORIENTED BUSINESSES................................... 611-1
Section 611.01: PURPOSE AND INTENT.................................................................. 611-1
Section 611.02: DEFINITIONS................................................................................... 611-1
Section 611.03: CLASSIFICATION............................................................................ 611-6
Section 611.04: LICENSE REQUIRED....................................................................... 611-6
Section 611.05: BUSINESS APPLICATION REQUIREMENTS................................ 611-7
Section 611.06: ISSUANCE OF BUSINESS LICENSE APPLICATION.................... 611-9
Section 611.07: NON-ISSUANCE OF BUSINESS LICENSE APPLICATION .......... 611-9
Section 611.08: POSTING .........................................................................................611-10
Section 611.09: INSPECTION...................................................................................611-10
Section 611.10: ONE CLASSIFICATION..................................................................611-10
Section 611.11: EMPLOYEE APPLICATION...........................................................611-10
Section 611.12: ISSUANCE OF EMPLOYEE LICENSE...........................................611-11
Section 611.13: NON-ISSUANCE OF EMPLOYEE LICENSE.................................611-11
Section 611.14: ANNUAL RENEWAL OF EMPLOYEE LICENSE..........................611-11
Section 611.15: FEES........................................................................................................611-12
Section 611.16: RANDOM INSPECTIONS...............................................................611-12
Section 611.17: EXPIRATION AND RENEWAL OF LICENSE...............................611-12
Section 611.18: SUSPENSION ..................................................................................611-12
Section 611.19: REVOCATION.................................................................................611-13
Section 611.20: TRANSFER OF LICENSE ...............................................................611-13
Section 611.21: LOCATION AND PENALTIES .......................................................611-14
Section 611.22: ADULT MOTELS ............................................................................611-15
Section 611.23: EXHIBITION OF SEXUALLY EXPLICIT FILMS, VIDEOS OR LIVE
ENTERTAINMENT IN VIEWING ROOMS .......................... 611-16
Section 611.24: PENALTY........................................................................................611-17
Section 611.25: ESCORT AGENCIES.......................................................................611-17
Section 611.26: NUDE MODEL STUDIOS ...............................................................611-17
Section 611.27: PUBLIC NUDITY ............................................................................611-18
Section 611.28: PROHIBITION AGAINST CHILDREN IN S SEXUALLY ORIENTED
BUSINESS 611-18
Section 611.29: HOURS OF OPERATION................................................................611-18
Section 611.30: EXEMPTIONS .................................................................................611-18
Section 611.31: INJUNCTION...................................................................................611-19
Section 611.32: SEVERABILITY..............................................................................611-19
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CHAPTERS VI GENERAL REGULATIONS
ORDINANCE 611 SEXUALLY-ORIENTED BUSINESSES
Section 611.01: PURPOSE AND INTENT. The purpose and intent of the sexually
oriented business regulations set forth in this Ordinance is to serve a substantial government
interest by attempting to preserve the quality and vitality of neighborhoods, curtail the
depression of property values, restrain increased criminal activity and slow the spread of
sexually transmitted diseases.
Sexually oriented businesses, as defined by this Ordinance, because of their very nature,
are recognized as having serious objectionable operational characteristics that have a deleterious
effect upon the use and enjoyment of adjacent areas. These secondary effects are especially
evident where such uses are concentrated.
The secondary effects associated with sexually oriented businesses include an increased
level of criminal activity, increased risk of exposure to sexually transmitted diseases, depression
of property values and a significant change in the character of surrounding neighborhoods.
However, it is recognized that such regulations cannot on a de facto basis prohibit these
businesses. Otherwise, a protected form of expression would vanish. The sexually oriented
business regulations set forth herein represent a balancing of competing interests, reduction of
objectionable secondary effects through the regulation of sexually oriented businesses versus the
protected rights of the owners, operators, performers and patrons of those businesses.
Section 611.02: DEFINITIONS.
Subd. 1: Adult Arcade. Any place to which the public is permitted or invited wherein
coin-operated, slug-operated, or for any form of consideration, or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors, video or laser disc players,
or other image-producing devices are maintained to show images to five (5)or fewer persons per
machine at any one time, and where the images so displayed are distinguished or characterized
by the depicting or describing of"specified sexual activities" or"specified anatomical areas."
Subd. 2: Adult Bookstore, Adult Novelty Store or Adult Video Store. A commercial
establishment which, as one of its principal purposes, offers for sale or rental for any form of
consideration any one (1) or more of the following:
a) Books, magazines, periodicals or other printed matter, or photographs, films,
motion pictures, video cassettes or video reproductions, slides, or other visual
representations which are characterized by the depiction or description of
"specified sexual activities" or "specified anatomical areas";or
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b) Instruments, devices, or paraphernalia which are designed for use in connection
with "specified sexual activities."
A commercial establishment may have other principal business purposes that do not
involve the offering for sale or rental of material depicting or describing "specified sexual
activities" or"specified anatomical areas" and still be categorized as ADULT BOOKSTORE,
ADULT NOVELTY STORE, or ADULT VIDEO STORE. Such other business purposes shall
not serve to exempt such commercial establishments from being categorized as an ADULT
BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE so long as one of its
principal business purposes is the offering for sale or rental for consideration the specified
materials which are characterized by the depiction or description of"specified sexual activities"
or"specified anatomical areas."
Subd. 3: Adult Cabaret. A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
a) Persons who appear in a state of nudity or semi-nude; or
b) Live performances which are characterized by the exposure of"specified
anatomical areas" or by "specified sexual activities;"or
C) Films, motion pictures, video cassettes, slides or other photographic reproductions
which are characterized by the depiction or description of"specified sexual
activities" or"specified anatomical areas."
Subd. 4: Adult Motel. Means a hotel, motel or similar commercial establishment which:
a) Offers accommodations to the public for any form of consideration;provides
patrons with closed-circuit television transmissions, films, motion pictures,video
cassettes, slides, or other photographic reproductions which are characterized by
the depiction or description of"specified sexual activities" or "specified
anatomical areas;" and has a sign visible from the public right of way which
advertises the availability of this adult-type of photographic reproductions;or
b) Offers a sleeping room for rent for a period of time that is less than ten (10) hours;
or
C) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period
of time that is less than ten (10)hours.
Subd. 5: Adult Motion Picture Theater. A commercial establishment where, for any form
of consideration, films, motion pictures, video cassettes, slides, or similar photographic
reproductions are regularly shown which are characterized by the depiction or description of
"specified sexual activities" or "specified anatomical areas."
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Subd. 6: Adult Theater. A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state of nudity or semi-nude,
or live performances which are characterized by the exposure of"specified anatomical areas"
or by "specified sexual activities."
Subd. 7: Employee. A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time or contract basis, whether or not the person is
denominated an employee, independent contractor, agent or otherwise and whether or not said
person is paid a salary, wage or other compensation by the operator of said business. Employee
does not include a person exclusively on the premises for repair or maintenance of the premises
or equipment on the premises, or for the delivery of goods to the premises.
Subd. 8: Escort. A person who, for consideration, agrees or offers to act as a companion,
guide, or date for another person, or who agrees or offers to privately model lingerie or to
privately perform a striptease for another person.
Subd. 9: Escort Agency. A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or
other consideration.
Subd. 10: Establishment. Includes any of the following:
a) The opening or commencement of any sexually oriented business as a new
business;
b) The conversion of an existing business, whether or not a sexually oriented
business, to any sexually oriented business;
C) The additions of any sexually oriented business to any other existing sexually
oriented business; or
d) The relocation of any sexually oriented business.
Subd. 11: Licensee. A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant on the application for
a license; and in the case of an employee, a person in whose name a license has been issued
authorizing employment in a sexually oriented business.
Subd. 12: Nude Model Studio. Any place where a person who appears semi- nude, in a
state of nudity, or who displays "specified anatomical areas" and is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who
pay money or any form of consideration. Nude Model Studio shall not include a proprietary
school licensed by the State of Minnesota or a college,junior college or university supported
entirely or in part by public taxation; a private college or university which maintains and
operates educational programs in which credits are transferable to a college,junior college, or
university supported entirely or partly by taxation; or in a structure:
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a) That has no sign visible from the exterior of the structure and no other advertising
that indicates a nude or semi-nude person is available for viewing,and
b) Where in order to participate in a class a student must enroll at least three (3)days
in advance of the class; and
C) Where no more than one (1) nude or semi-nude model is on the premises at any
one time.
Subd. 13: Nudity or a State of Nudity. The showing of the human male or female
genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering,
the showing of the female breast with less than a fully opaque covering of any part of the nipple,
or the showing of the covered male genitals in a discernibly turgid state.
Subd. 14: Person. An individual, proprietorship, partnership, corporation, association, or
other legal entity.
Subd. 15: Semi-Nude or in a Semi-Nude Condition. The showing of the female breast
below a horizontal line across the top of the areola at its highest point or the showing of the
male or female buttocks. This definition shall include the entire lower portion of the human
female breast, but shall not include any portion of the cleavage of the human female breast,
exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the
areola is not exposed in whole or in part.
Subd. 16: Sexual Encounter Center. A business or commercial enterprise that, as one of
its principal business purposes, offers for any form of consideration:
a) Physical contact in the form of wrestling or tumbling between persons of the
opposite sex; or
b) Activities between male and female persons and/or persons of the same sex when
one or more of the persons is in a state of nudity or semi-nude.
Subd. 17: Sexually Oriented Business. An adult arcade, adult bookstore, adult novelty
store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater,
escort agency, nude model studio, or sexual encounter center.
Subd. 18: Specified Anatomical Areas.
a) The human male genitals in a discernibly turgid state, even if completely and
opaquely covered, or
b) Less than completely and opaquely covered human genitals, pubic region,
buttocks or a female breast below a point immediately above the top of the areola.
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Subd. 19: Specified Criminal Activity. Includes any of the following offenses:
a) Prostitution or promotion of prostitution, dissemination of obscenity; sale,
distribution or display of harmful material to a minor; sexual performance by a
child;possession or distribution of child pornography;public lewdness; indecent
exposure; indecency with a child; engaging in organized criminal activity; sexual
assault; molestation of a child; gambling; or distribution of a controlled substance;
or any similar offenses to those described above under the criminal or penal code
of other states or countries;
b) For which:
1) Less than two (2) years have elapsed since the date of conviction or the
date of release from confinement imposed for the conviction, whichever is
the later date, if the conviction is of a misdemeanor offense;
2) Less than five (5) years have elapsed since the date of conviction or the
date of release from confinement for the conviction, whichever is the later
date, if the conviction is of a felony offense; or
3) Less than five (5) years have elapsed since the date of the last conviction
or the date of release from confinement for the last conviction, whichever
is the later date, if the convictions are of two (2) or more misdemeanor
offenses or combination of misdemeanor offenses occurring within any
24-month period.
C) The fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant or a person residing with the applicant.
Subd. 20: Specified Sexual Activities. Includes any of the following:
a) The fondling or other erotic touching of human genitals, pubic region, buttocks,
anus, or female breasts;
b) Sex acts, normal or perverted, actual or simulated, including intercourse,oral
copulation, masturbation, or sodomy, or
C) Excretory functions as part of or in connection with any of the activities set forth
in (A) through (B) above.
Subd. 21: Substantial Enlargement of a Sexually Oriented Business. Means the increase
in floor areas occupied by the business by more than twenty-five percent (25%), as the
floor areas exist on the date this Ordinance takes effect.
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Subd. 22: Transfer of Ownership or Control of a Sexually Oriented Business. Includes
any of the following:
a) The sale, lease, or sublease of the business;
b) The transfer of securities which constitute a controlling interest in the business,
whether by sale, exchange, or similar means; or
C) The establishment of a trust, gift, or other similar legal device which transfers the
ownership or control of the business, except for transfer by bequest or other
operation of law upon the death of the person possessing the ownership or control.
Section 611.03: CLASSIFICATION. Sexually oriented businesses are classified as
follows:
Subd. 1: Adult arcades.
Subd. 2: Adult bookstores, adult novelty stores, or adult video stores;
Subd. 3: Adult cabarets;
Subd. 4: Adult motels;
Subd. 5: Adult motion picture theaters;
Subd. 6: Adult theaters;
Subd. 7: Escort agencies;
Subd. 8: Nude model studios; and
Subd. 9: Sexual encounter centers.
Section 611.04: LICENSE REQUIRED.
Subd. 1: It is a misdemeanor for any person to operate a sexually oriented business
without a valid sexually oriented business license issued by the City pursuant to this Ordinance.
Subd. 2: It is a misdemeanor for any person who operates a sexually oriented business to
employ a person to work for the sexually oriented business who is not licensed as a sexually
oriented business employee by the City pursuant to this Ordinance.
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Subd. 3: It is a misdemeanor for any person to obtain employment with a sexually
oriented business without having secured a sexually oriented business employee license pursuant
to this Ordinance.
Section 611.05: BUSINESS APPLICATION REQUIREMENTS.
Subd. 1: Approved Form. An application for a license must be made on a form provided
by the City.
Subd. 2: Qualification of Application. All applications must be qualified according to the
provisions of this Ordinance. The application may request, and the applicant shall provide, such
information (including fingerprints) as to enable the City to determine whether the applicant
meets the qualifications established in this Ordinance.
Subd. 3: Application Signatures. If a person who wishes to operate a sexually oriented
business is an individual, the person must sign the application for a license as applicant. If a
person who wishes to operate a sexually oriented business is other than an individual, each
individual who has a twenty percent (20%) or greater interest in the business must sign the
application for a license as applicant. Each applicant must be qualified under the following
Section and each applicant shall be considered a licensee if a license is granted.
Subd. 4: Application Information. The completed application for a sexually oriented
business license shall contain the following information and shall be accompanied by the
following documents if the applicant is:
a) An individual, the individual shall state his/her legal name and any aliases and
submit proof that he/she is eighteen (18) years of age;
b) A partnership, the partnership shall state its complete name, and the names of all
partners, whether the partnership is general or limited, and a copy of the
partnership agreement, if any;
C) A corporation, the corporation shall state its complete name, the date of its
incorporation, evidence that the corporation is in good standing under the laws of
its state of incorporation, the names and capacity of all officers, directors and
principal stockholders, and the name of the registered corporate agent and the
address of the registered office for service of process.
Subd. 5: Assumed Name. If the applicant intends to operate the sexually oriented
business under a name other than that of the applicant, he or she must state:
a) The sexually oriented business's fictitious name;and
b) Submit the required registration documents.
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Subd. 6: Criminal History. Whether the applicant, or a person residing with the
applicant, has been convicted of a specified criminal activity as defined in this Ordinance, and, if
so, the specified criminal activity involved, the date, place, and jurisdiction of each.
Subd. 7: Previous License. Whether the applicant, or a person residing with the
applicant, has had a previous license under this Ordinance or other similar sexually oriented
business ordinances from another city or county denied, suspended or revoked, including the
name and location of the sexually oriented business for which the permit was denied, suspended
or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant
or a person residing with the applicant has been a partner in a partnership or an officer, director
or principal stockholder of a corporation that is licensed under this Ordinance whose license has
previously been denied, suspended or revoked, including the name and location of the sexually
oriented business for which the permit was denied, suspended or revoked as well as the date of
denial, suspension or revocation.
Subd. 8: Multiple Licenses. Whether the applicant or a person residing with the
applicant holds any other licenses under this Ordinance or other similar sexually oriented
business ordinance from another city or county and, if so, the names and locations of such other
licensed businesses.
Subd. 9: License Classification. The single classification of license for which the
applicant is filing.
Subd. 10: Location of Business. The location of the proposed sexually oriented business,
including a legal description of the property, street address, and telephone number(s),if any.
Subd. 11: Mailing Address. The applicant's mailing address and residential address.
Subd. 12: Photograph. A recent photograph of the applicant(s).
Subd. 13: Identification Cards. The applicant's driver's license number, Social Security
number, and/or his/her state or federally issued Tax Identification Number.
Subd. 14: Diagram of Premises. A sketch or diagram showing the configuration of the
premises, including a statement of total floor space occupied by the business. The sketch or
diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn
with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6)
inches.
Subd. 15: Survey. A current certificate and straight-line drawing prepared within thirty
(30) days prior to application by a registered land surveyor depicting the property lines and the
structures containing any existing sexually oriented businesses within five hundred (500) feet of
the property to be certified; the property lines of any established religious institutions/synagogue,
school, or public park or recreation area within one thousand (1,000) feet of the property to be
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certified. For purposes of this Section, a use shall be considered existing or established if it is in
existence at the time an application is submitted.
Subd. 16: Requirements for Business with Viewing Room. If an applicant wishes to
operate a sexually oriented business, other than an adult motel, which shall exhibit on the
premises, in a viewing room or booth of less than one hundred fifty (15 0) square feet of floor
space, films, video cassettes, other video reproductions, or live entertainment which depict
specified sexual activities or specified anatomical areas, then the applicant shall comply with the
application requirements set forth in Section 611.11.
Section 611.06. ISSUANCE OF BUSINESS LICENSE APPLICATION. Within 30
days after receipt of a completed sexually oriented business application, the City shall approve
or deny the issuance of a license to an applicant.
Section 611.07. NON-ISSUANCE OF BUSINESS LICENSE APPLICATION. The
City shall approve the issuance of a license to an applicant unless it is determined by a
preponderance of the evidence that one (1) or more of the following findings is true:
Subd. 1: An applicant is under eighteen (18) years of age.
Subd. 2: An applicant or a person with whom applicant is residing is overdue in payment
to the City of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation
to any business.
Subd. 3: An applicant has failed to provide information reasonably necessary for
issuance of the license or has falsely answered a question or request for information on the
application form.
Subd. 4: An applicant or a person with whom the applicant is residing has been denied a
license by the City to operate a sexually oriented business within the preceding twelve (12)
months or whose license to operate a sexually oriented business has been revoked within the
preceding twelve (12) months.
Subd. 5: An applicant or a person with whom the applicant is residing has been
convicted of a specified criminal activity defined in this Ordinance.
Subd. 6: The premises to be used for the sexually oriented business have not been
approved by the health inspector designated by the City, fire department, and the building
official as being in compliance with applicable laws and ordinances.
Subd. 7: The license fee required by this Ordinance has not been paid.
Subd. 8: An applicant of the proposed business is in violation of, or is not in compliance
with, any of the provisions of this Ordinance.
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Section 611.08: POSTING. The license, if granted, shall state on its face the name of
the person or persons to whom it is granted, the expiration date, the address of the sexually
oriented business and the classification for which the license is issued pursuant to Section III.
All licenses shall be posted in a conspicuous place at or near the entrance to the sexually
oriented business so that they may be easily read at any time.
Section 611.09: INSPECTION. The health inspector designated by the City, fire
department, and the building official shall complete their certification that the premises is in
compliance or not in compliance within twenty (20) days of receipt of the application by the
City.
Section 611.10: ONE CLASSIFICATION. A sexually oriented business license shall
issue for only one classification as found in Section 611.03.
Section 611.11: EMPLOYEE APPLICATION.
Subd. 1: Employee Identification Information. Before any applicant may be issued a
sexually oriented business employee license, the applicant shall submit on a form to be provided
by the City the following information:
a) The applicant's name or any other name (including "stage"names) or aliases used
by the individual;
b) Age, date, and place of birth;
C) Height, weight, hair and eye color;
d) Present residence address and telephone number;
e) Present business address and telephone number;
f) Date, issuing state and number of driver's permit or other identification card
information;
g) Social Security Number; and
h) Proof that the individual is at least eighteen (18) years of age.
Subd. 2: Employee Photographs. A color photograph of the applicant clearly showing
the applicant's face, and the applicant's fingerprints on a form provided by the police department
shall be attached to the application form for a sexually oriented business employee license. Any
fees for the photographs and fingerprints shall be paid by the applicant.
Subd. 3: Employee Statement. A statement detailing the license history of the applicant
for the five (5) years immediately preceding the date of the filing of the application, including
whether such applicant previously operated or is seeking to operate, in this or any other county,
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city, state, or country has ever had a license, permit, or authorization to do business denied,
revoked, or suspended, or had any professional or vocational license or permit denied,revoked,
or suspended. In the event of any such denial, revocation, or suspension, state the name, the
name of the issuing or denying jurisdiction, and describe in full the reason for the denial,
revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be
attached to the application.
Subd. 4: Employee Criminal HistM. A statement whether the applicant has been
convicted of a specified criminal activity as defined in this Ordinance and, if so, the specified
criminal activity involved, the date,place and jurisdiction of each.
Section 611.12: ISSUANCE OF EMPLOYEE LICENSE. Upon the filing of said
application for a sexually oriented business employee license, the City shall issue a temporary
license to said applicant. The application shall then be referred to the appropriate City
departments for an investigation to be made on such information as is contained on the
application. The application process shall be completed within thirty (30) days from the date the
completed application is filed. After the investigation, the City shall issue a license.
Section 611.13: NON-ISSUANCE OF EMPLOYEE LICENSE. A sexually oriented
business employee license shall not be issued if it is determined by a preponderance of the
evidence that one (1) or more of the following findings is true:
Subd. l: The applicant has failed to provide information reasonably necessary for
issuance of the license or has falsely answered a question or request for information on the
application form;
Subd. 2: The applicant is under the age of eighteen (18)years;
Subd. 3: The applicant has been convicted of a"specified criminal activity" as defined
in this Ordinance;
Subd. 4: The sexually oriented business employee license is to be used for employment
in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a
particular provision of this Ordinance; or
Subd. 5: The applicant has had a sexually oriented business employee license revoked
by the City within two (2)years of the date of the current application. If the sexually oriented
business employee license is denied, the temporary license previously issued is immediately
deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this
Subsection shall be subject to appeal as set forth in Section 611.19.
Section 611.14: ANNUAL RENEWAL OF EMPLOYEE LICENSE. A license granted
pursuant to this Section shall be subject to annual renewal upon the written application of the
applicant and a finding by the City that the applicant has not been convicted of any specified
criminal activity as defined in this Ordinance or committed any act during the existence of the
previous license,
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which would be grounds to deny the initial license application. The renewal of the license shall
be subject to the payment of the fee as set forth in Section 611.15, Subd. 3.
Section 611.15: FEES. The following fees shall be submitted to the City
Clerk/Treasurer at the time of application for business and/or employee licenses:
Subd. 1: Application Fee. Every application for a sexually oriented business license
(whether for a new license or for renewal of an existing license) shall be accompanied by a non-
refundable application and investigation fee established in the City of St. Joseph Fee Schedule.
Subd. 2: License Fee. In addition to the application and investigation fee required
above, every sexually oriented business that is granted a license (new or renewal) shall pay to the
City an annual non-refundable license fee established in the City of St. Joseph Fee Schedule,
within thirty (3 0) days of license issuance or renewal.
Subd. 3: Employee License Fee. Every application for a sexually oriented business
employee license (whether for a new license or for renewal of an existing license) shall be
accompanied by an annual, non-refundable application, investigation, and license fee established
in the City of St. Joseph Fee Schedule.
Section 611.16: RANDOM INSPECTIONS.
Subd. 1: Inspection. An applicant or licensee shall permit representatives of the Police
Department, health inspector designated by the City, Fire Department, Zoning Department, or
other City departments or agencies to inspect the premises of a sexually oriented business for the
purpose of insuring compliance with the law, at any time it is occupied or open for business.
Subd. 2: Penalty. A person who operates a sexually oriented business or his/her agent or
employee commits a misdemeanor if he/she refuses to permit such lawful inspection of the
premises at any time it is open for business.
Section 611.17: EXPIRATION AND RENEWAL OF LICENSE.
Subd. l: Expiration. Each license shall expire one (1) year from the date of issuance and
may be renewed only by making application as provided in Sections 611.05 and 611.12.
Application for renewal shall be made at least thirty (30) days before the expiration date, and
when made less than thirty (30) days before the expiration date, the expiration of the license shall
not be affected.
Subd. 2: Renewal. When the City denies renewal of a license, the applicant shall not be
issued a license for one (1) year from the date of denial. If, subsequent to denial, the City finds
that the basis for denial of the renewal license has been corrected or abated, the applicant may be
granted a license if at least ninety (90) days have elapsed since the date denial became final.
Section 611.18: SUSPENSION. The City shall suspend a license for a period not to
exceed thirty (30) days if it determines that a licensee or an employee of a licensee has:
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Subd. 1: Violated or is not in compliance with any Section of this Ordinance;
Subd. 2: Refused to allow an inspection of the sexually oriented business premises as
authorized by this Chapter.
Section 611.19: REVOCATION.
Subd. 1: Revocation Determination. The City shall revoke a license if a cause of
suspension in Section 611.18 occurs and the license has been suspended within the
preceding twelve (12) months. The City may also revoke a license if it determines that:
a) A licensee gave false or misleading information in the material submitted during
the application process;
b) A licensee has knowingly allowed possession, use, or sale of controlled
substances on the premises;
C) A licensee has knowingly allowed prostitution on the premises;
d) A licensee knowingly operated the sexually oriented business during a period of
time when the licensee's license was suspended;
e) Except in the case of an adult motel, a licensee has knowingly allowed any act of
sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to
occur in or on the licensed premises; or
f) A licensee is delinquent in payment to the City, County, or State for any taxes or
fees past due.
Subd. 2: Revocation Period. When the City revokes a license, the revocation shall
continue for one (1) year, and the licensee shall not be issued a sexually oriented business license
for one (1)year from the date the revocation became effective. If, subsequent to revocation, the
City finds that the basis for the revocation has been corrected or abated, the applicant may be
granted a license if at least ninety (90) days have elapsed since the date the revocation became
effective.
Subd. 3: Judicial Review. After denial of an application, or denial of a renewal of an
application, or suspension or revocation of any license, the applicant or licensee may seek
prompt judicial review of such administrative action in any court of competent jurisdiction. The
administrative action shall be promptly reviewed by the court.
Section 611.20: TRANSFER OF LICENSE. A licensee shall not transfer his/her license
to another, nor shall a licensee operate a sexually oriented business under the authority of a
license at any place other than the address designated in the application.
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Section 611.21: LOCATION AND PENALTIES.
Subd. 1: A person commits a misdemeanor if that person operates or causes to be
operated a sexually oriented business in any zoning district other than those areas as defined by
the following boundaries: South of 3rd Street South; West of 28th Avenue South (formerly
Hardrives Road and formerly 72nd Avenue South); North of Burlington Northern Railroad tracks
which is adjacent to State Highway 23; East of the Westerly Waite Park City limits as of the date
of this Ordinance.
Subd. 2: A person commits an offense if the person operates, or causes to be operated, a
sexually oriented business within one thousand (1,000) feet of-
a)
£a) A church, synagogue, mosque, temple or building which is used primarily for
religious worship and related religious activities;
b) A public or private educational facility including, but not limited to, child day
care facilities, nursery schools, preschools, kindergartens, elementary schools,
private schools, intermediate schools,junior high schools, middle schools,high
schools, vocational schools, secondary schools, continuation schools, special
education schools,junior colleges, and universities; school includes the school
grounds, but does not include facilities used primarily for another purpose and
only incidentally as a school;
C) A public park or recreational area which has been designated for park or
recreational activities including, but not limited to, a park,playground, nature
trails, swimming pool, reservoir, athletic field, basketball or tennis courts,
pedestrian/bicycle paths, wilderness areas, or other similar public land within the
City which is under the control, operation, or management of the City park and
recreation authorities;
d) The property line of a lot devoted to a residential use;
e) An entertainment business which is oriented primarily towards children or family
entertainment; or
f) A licensed premises, licensed pursuant to the alcoholic beverage control
regulations of the State.
Subd. 3: A person commits a misdemeanor if that person causes or permits the
operation, establishment, substantial enlargement, or transfer of ownership or control of a
sexually oriented business within five hundred (500) feet of another sexually oriented business.
Subd. 4: A person commits a misdemeanor if that person causes or permits the operation,
establishment, or maintenance of more than one (1) sexually oriented business in the same
building, structure, or portion thereof, or the increase of floor area of any sexually oriented
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CHAPTERS VI GENERAL REGULATIONS
business in any building, structure, or portion thereof containing another sexually oriented
business.
Subd. 5: For the purpose of this Section, measurements shall be made in a straight line,
without regard to the intervening structures or objects, from the nearest portion of the building or
structure used as the part of the premises where a sexually oriented business is conducted, to the
nearest property line of the premises of a use listed in Subd. 2., Subsection B of this Section.
Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes
of calculating and applying the distance requirements of this Section.
Subd. 6: For purposes of this Section, the distance between any two (2) sexually oriented
businesses shall be measured in a straight line, without regard to the intervening structures or
objects or political boundaries, from the closest exterior wall of the structure in which each
business is located.
Subd. 7: Any sexually oriented business lawfully operating on November 19, 1996, that
is in violation of Subdivisions 1 through 6 of this Section shall be deemed a nonconforming use.
The nonconforming use shall be permitted to continue for a period not to exceed one (1) year,
unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30)
days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered
except that the use may be changed to a conforming use. If two (2) or more sexually oriented
businesses are within five hundred (500) feet of one another and otherwise in a permissible
location, the sexually oriented business which was first established and continually operating at a
particular location is the conforming use and the later established business(es) is/are
nonconforming.
Subd. 8: A sexually oriented business lawfully operating as a conforming use is not
rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually
oriented business license, of a use listed in Subd. 2., Subsection B of this Section within one
thousand (1,000) feet of the sexually oriented business. This provision applies only to the
renewal of a valid license, and does not apply when an application for a license is submitted after
a license has expired or been revoked.
Section 611.22: ADULT MOTELS.
Subd. 1: Evidence that a sleeping room in a hotel, motel, or a similar commercial
establishment has been rented and vacated two (2) or more times in a period of time that is less
than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as
that term is defined in this Ordinance.
Subd. 2: A person commits a misdemeanor if, as the person in control of a sleeping
room in a hotel, motel, or similar commercial establishment that does not have a sexually
oriented license, he/she rents or sub-rents a sleeping room to a person and, within ten (10)hours
from the time the room is rented, he/she rents or sub-rents the same sleeping room again.
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CHAPTERS VI GENERAL REGULATIONS
Subd. 3: For purposes of Subdivision 2 of this Section, the terms "rent" or "sub-rent"
mean the act of permitting a room to be occupied for any form of consideration.
Section 611.23: EXHIBITION OF SEXUALLY EXPLICIT FILMS, VIDEOS OR LIVE
ENTERTAINMENT IN VIEWING ROOMS. A person who operates or causes to be operated a
sexually oriented business, other than an adult motel, which exhibits on the premises in a
viewing room of less than one hundred fifty (150) square feet of floor space, a film, video
cassette, live entertainment, or other video reproduction which depicts specified sexual activities
or specified anatomical areas, shall comply with the following requirements:
Subd. 1: Upon application for a sexually oriented license, the application shall be
accompanied by a diagram of the premises showing a plan thereof specifying the location of one
(1) or more manager's stations and the location of all overhead lighting fixtures and designating
any portion of the premises in which patrons shall not be permitted. A manager's station may
not exceed thirty two (32) square feet of floor area. The diagram shall also designate the place at
which the permit shall be conspicuously posted, if granted. A professionally prepared diagram in
the nature of an engineer's or architect's blueprint shall not be required; however, each diagram
should be oriented to the north or to some designated street or object and should be drawn to a
designated scale or with marked dimensions sufficient to show the various internal dimensions of
all areas of the interior of the premises to an accuracy of plus or minus six (6") inches. The City
may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that
was previously submitted and certifies that the configuration of the premises has not been altered
since it was prepared.
Subd. 2: The application shall be sworn to be true and correct by the applicant.
Subd. 3: No alteration in the configuration or location of a manager's station may be
made without the prior approval of the City.
Subd. 4: It is the duty of the licensee of the premises to ensure that at least one (1)
licensed employee is on duty and situated in each manager's station at all times that any patron is
present inside the premises.
Subd. 5: The interior of the premises shall be configured in such a manner that there is an
unobstructed view from a manager's station of every area of the premises to which any patron is
permitted access for any purpose, excluding restrooms. Restrooms may not contain video
reproduction equipment. If the premises has two (2) or more manager's stations designated,then
the interior of the premises shall be configured in such a manner that there is an unobstructed
view of each area of the premises to which any patron is permitted access for any purpose from
at least one (1) of the manager's stations. The view required in this Subsection must be by direct
line of sight from the manager's station.
Subd. 6: It shall be the duty of the licensee to ensure that the view area specified in
Subdivision 5 remains unobstructed by any doors, curtains, partitions, walls, merchandise,
display racks or other materials and, at all times, to ensure that no patron is permitted access to
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CHAPTERS VI GENERAL REGULATIONS
any area of the premises which has been designated as an area in which patrons shall not be
permitted in the application filed pursuant to Subdivision 1 of this Section.
Subd. 7: No viewing room may be occupied by more than one (1)person at anytime.
Subd. 8: The premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted access at an illumination of not
less than five (5.0) foot candles as measured at the floor level.
Subd. 9: It shall be the duty of the licensee to ensure that the illumination described
above is maintained at all times that any patron is present in the premises.
Subd. 10: No licensee shall allow openings of any kind to exist between viewing rooms
or booths.
Subd. 11: No person shall make or attempt to make an opening of any kind between
viewing booths or rooms.
Subd. 12: The licensee shall, during each business day, regularly inspect the walls
between the viewing booths to determine if any openings or holes exist.
Subd. 13: The licensee shall cause all floor coverings in viewing booths to be
nonporous, easily cleanable surfaces, with no rugs or carpeting.
Subd. 14: The licensee shall cause all wall surfaces and ceiling surfaces in viewing
booths to be constructed of, or permanently covered by, nonporous, easily cleanable material.
No wood, plywood, composition board or other porous material shall be used within forty-eight
(48") inches of the floor.
Section 611.24: PENALTY. A person having a duty under Subdivisions 1 through 14
of Section 78.23 commits a misdemeanor if he/she knowingly fails to fulfill that duty.
Section 611.25: ESCORT AGENCIES.
Subd. 1: An escort agency shall not employ any person under the age of eighteen(18)
years.
Subd. 2: A person commits an offense if the person acts as an escort or agrees to act as
an escort for any person under the age of eighteen (18)years.
Section 611.26: NUDE MODEL STUDIOS.
Subd. 1: A nude model studio shall not employ any person under the age of eighteen
(18) years.
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CHAPTERS VI GENERAL REGULATIONS
Subd. 2: A person under the age of eighteen (18) years commits an offense if the person
appears seminude or in a state of nudity in or on the premises of a nude model studio. It is a
defense to prosecution under this Subsection if the person under eighteen (18) years was in a
restroom not open to public view or visible to any other person.
Subd. 3: A person commits an offense if the person appears in a state of nudity, or
knowingly allows another to appear in a state of nudity in an area of a nude model studio
premises which can be viewed from the public right-of-way.
Subd. 4: A nude model studio shall not place or permit a bed, sofa, or mattress in any
room on the premises; except that a sofa may be placed in a reception room open to the public.
Section 611.27: PUBLIC NUDITY.
Subd. 1: It shall be a misdemeanor for a person who knowingly and intentionally, in a
sexually oriented business, appears in a state of nudity or depicts specified sexual activities.
Subd. 2: It shall be a misdemeanor for a person who knowingly or intentionally in a
sexually oriented business appears in a seminude condition unless the person is an employee
who, while seminude, shall be at least ten (10) feet from any patron or customer and on a stage
at least two (2) feet from the floor.
Subd. 3: It shall be a misdemeanor for an employee, while seminude in a sexually
oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or
customer to pay or give any gratuity to any employee, while said employee is seminude in a
sexually oriented business.
Subd. 4: It shall be a misdemeanor for an employee, while seminude, to touch a
customer or the clothing of a customer.
Section 611.28: PROHIBITION AGAINST CHILDREN IN A SEXUALLY
ORIENTED BUSINESS. A person commits a misdemeanor if the person knowingly allows a
person under the age of eighteen (18) years on the premises of a sexually oriented business.
Section 611.29: HOURS OF OPERATION. No sexually oriented business, except for an
adult motel, may remain open at any time between the hours of 10:00 p.m. and 8:00 a.m. on
weekdays and Saturdays, and 10:00 p.m. Saturday night to 12:00 p.m. on Sundays.
Section 611.30: EXEMPTIONS.
Subd. 1: It is a defense to prosecution under Section 611.27 that a person appearing in a
state of nudity did so in a modeling class operated:
a) By a proprietary school, licensed by the State of Minnesota, a college,junior
college, or university supported entirely or partly by taxation;
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CHAPTERS VI GENERAL REGULATIONS
b) By a private college or university which maintains and operates educational
programs in which credits are transferable to a college,junior college, or
university supported entirely or partly by taxation; or
C) In a structure:
1) which has no sign visible from the exterior of the structure and no other
advertising that indicates a nude person is available for viewing;and
2) where, in order to participate in a class a student must enroll at least three
(3) days in advance of the class; and
3) where no more than one (1) nude model is on the premises at any one(1)
time.
Section 611.31: INJUNCTION. A person who operates or causes to be operated a
sexually oriented business without a valid license or in violation of Section 611.22 of this
Ordinance is subject to a suit for injunction as well as prosecution for criminal violations. Such
violations shall be a misdemeanor. Each day a sexually oriented business so operates is a
separate offense or violation.
Section 611.32: SEVERABILITY. If any Section, Subsection, or clause of this
Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the
remaining Sections, Subsections, and clauses shall not be affected.
New—May 2016
611-19
CHAPTER VI – GENERAL REGULATIONS
ORDINANCE 612 COMMERCIAL AND NONCOMMERCIAL HANDBILLS ............... 612-1
Section 612.01: DEFINITIONS .................................................................................. 612-1
Section 612.02: THROWING OR DISTRIBUTING COMMERCIAL OR
NONCOMMERCIAL HANBILLS IN PUBLIC PLACES .......................................... 612-2
Section 612.03: DEPOSITING COMMERCIAL AND NONCOMMERCIAL
HANDBILLS ON UNINHABITED OR VACANT PREMISES ................................. 612-2
Section 612.04: PROHIBITING DISTRIBUTION OF HANDBILLS WHERE
PROPERLY POSTED ................................................................................................. 612-2
Section 612.05: DISTRIBUTING COMMERCIAL AND NONCOMMERCIAL
HANDBILLS IN INHABITED PRIVATE PREMISES............................................... 612-2
Section 612.06: PLACING COMMERCIAL AND NONCOMMERCIAL HANDBILLS
ON VEHICLES ........................................................................................................... 612-2
Section 612.07: PENALTIES ..................................................................................... 612-3
612-0
CHAPTER VI – GENERAL REGULATIONS
ORDINANCE 612 COMMERCIAL AND NONCOMMERCIAL HANDBILLS
Section 612.01: DEFINITIONS. For the purposes of this ordinance, the following words
and phrases shall have these designated meanings:
Subd. 1: Commercial Handbill. “Commercial Handbill” means any printed or written
matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed or
otherwise reproduced original or copies of any matter of literature which:
a) Advertises for sale any merchandise, product, commodity, or thing;
b) Directs attention to any business or mercantile or commercial establishment or other
activity for the purpose of either directly or indirectly promoting the interest thereof
by sales; or,
c) While containing reading matter other than advertising matter, is predominately and
essentially an advertisement, and is distributed or circulated for advertising purposes
or for the private benefit and gain of any person so engaged as advertiser or
distributor.
Subd. 2: Newspaper. “Newspaper” means any newspaper of general circulation as
defined by general law, any newspaper duly entered with the United States Postal Service, in
accordance with the federal statute or regulation, and nay newspaper filed and recorded with any
recording officer as provided by general law; and, in addition thereto shall mean and include any
periodical or current magazine regularly published with not less than four (4) issues per year and
sold to the public.
Subd. 3: Noncommercial Handbill. “Noncommercial Handbill” means any printed or
written matter, any sample or device, circular, leaflet, pamphlet, newspaper, magazine paper,
booklet, or any other printed or otherwise reproduced original or copies of any matter of
literature not included in the aforesaid definitions of a commercial handbill or newspaper.
Subd. 4: Private Premises. “Private premises” means any dwelling, house, building, or
other structure, designed or used either wholly or in part for private residential purposes, whether
inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds,
walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling,
house, building, or other structure.
Subd. 5: Public Place. “Public Place” means streets, sidewalks, boulevards, alleys, or
other public ways and any and all public parks, spaces, grounds and buildings.
Subd. 6: Vehicle. “Vehicle” means every device in, upon, or by which any person or
property is or may be transported or drawn upon a highway.
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CHAPTER VI – GENERAL REGULATIONS
Section 612.02: THROWING OR DISTRIBUTING COMMERCIAL OR
NONCOMMERCIAL HANDBILLS IN PUBLIC PLACES. No person shall throw, place,
deposit, or distribute, and no entity shall caused to be thrown, placed, deposited, or distributed
any commercial or noncommercial handbill in or upon any sidewalk, street, or other public place
within the city. Nor shall any person hand out, distribute, or sell any commercial handbill in any
public place. It shall not be unlawful on any sidewalk, street, or other public place within the city
for any person to hand out or distribute, without charge to the receiver thereof, any
noncommercial handbill to any person willing to accept it.
Section 612.03: DEPOSITING COMMERCIAL AND NONCOMMERCIAL
HANDBILLS ON UNINHABITED OR VACANT PREMISES. No person shall throw, place,
deposit, or distribute, and no entity shall caused to be thrown, placed, deposited, or distributed
any commercial or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
Section 612.04: PROHIBITING DISTRIBUTION OF HANDBILLS WHERE
PROPERLY POSTED. No person shall throw, place, deposit, or distribute, and no entity shall
caused to be thrown, placed, deposited, or distributed a commercial or noncommercial handbill
upon private premises, if requested by anyone thereon not to do so, or if there is placed on the
premises, in a conspicuous position, a sign bearing the words “No Trespassing”, “No Soliciting”,
“No Advertisement”, or similar notice indicating in any manner that the occupants of said
premises do not desire to have their right of privacy disturbed or to have handbills left upon such
premises.
Section 612.05: DISTRIBUTING COMMERCIAL AND NON COMMERCIAL
HANDBILLS AT INHABITED PRIVATE PREMISES.
Subd. 1. Prohibition: No person shall throw, place, deposit, or distribute, and no entity
shall caused to be thrown, placed, deposited, or distributed a commercial or noncommercial
handbill in or upon private premises which are inhabited, except by handing or transmitting the
handbill directly to the owner, occupant, or other person then present in or upon the private
premises; provided, however, that in the case of inhabited private premises which are not posted,
the person, unless requested by anyone upon the premises not to do so, may place or deposit the
handbill in or upon the inhabited private premises if the handbill is so placed or deposited in a
manner that prevents the handbill from being blown about the premises or sidewalks, streets, or
other public places. Mailboxes may not be used to secure such handbills when prohibited by
federal postal law or regulations.
Subd. 2. Exemption for Mail and Newspapers. The provisions of this section do not
apply to the distribution of mail by the United States, nor to newspapers as defined in this
section. Newspapers hall be placed upon private property in such a manner as to prevent their
being carried or deposited by the elements upon the street, sidewalk, or other public place or
upon private property.
Section 612.06: PLACING COMMERCIAL AND NONCOMMERCIAL HANDBILLS
ON VEHICLES. No person shall throw, place, deposit, or distribute, and no entity shall caused
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CHAPTER VI – GENERAL REGULATIONS
to be thrown, placed, deposited, or distributed a commercial or noncommercial handbill in or
upon any vehicle, provided, however, that it is not unlawful in a public place for a person to hand
out or distribute without charge to the receiver thereof, a noncommercial handbill to occupants of
vehicles who are willing to accept it.
Section 612.07: PENALTIES. Any person who violates any of the provisions of this
Section shall be deemed guilty of a petty misdemeanor. Each day such a violation is committed
shall constitute a separate offense.
Created 6/2018
612-3
CHAPTER VI—GENERAL REGULATIONS
ORDINANCE 615 PORTABLE CONFECTIONERY STORES AND MOBILE FOOD
VENDORS ............................................................................................................ 615-1
Section 615.01: DEFINITIONS.................................................................................. 615-1
Section 615.02: PERMIT AND LICENSES REQUIRED........................................... 615-1
Section 615.03: APPLICATION FOR PERMIT......................................................... 615-1
Section 615.04: PERMIT FEES; TRANSFERABILITY............................................. 615-2
Section 615.05: TERM OF PERMIT.......................................................................... 615-2
Section 615.06: INSURANCE.................................................................................... 615-2
Section 615.07: SOUND DEVICES ........................................................................... 615-2
Section 615.08: SALES WHILE IN MOTION........................................................... 615-3
Section 615.09: FOOD TRUCK OR MOBILE FOOD VENDOR OPERATIONS...... 615-3
Section 615.10: FOOD TRUCK OR MOBILE FOOD VENDOR LOCATION.......... 615-3
615-0
CHAPTER VI—GENERAL REGULATIONS
ORDINANCE 615 PORTABLE CONFECTIONERY STORES AND MOBILE FOOD
VENDORS
Section 615.01: DEFINITIONS. For the purposes of this ordinance, the following words
and phrases shall have these designated meanings:
Subd. 1: Confectionary. A "confectionery food product"is defined as but not limited to,
ice milk, ice cream, candy and popcorn.
Subd. 2: Portable Confectionary Store. A vehicle, regardless of the manner in which it is
propelled, for transporting prepackaged confectionery food products, in the vehicle, for the
purpose of selling such food products form such vehicle.
Subd. 3: Food Truck or Mobile Food Vendor. A vehicle who prepares and sells food
from a properly licensed vehicle eligible to operate on private property for a specified period of
time.
Section 615.02: PERMIT AND LICENSES REQUIRED.
Subd. 1. Permit Required. No person shall use, conduct or operate in the City a portable
confectionery store or mobile food vendor or food truck without having obtained a permit from
the City.
Subd. 2. Exemption. This Chapter shall not apply to those motor vehicles used
exclusively for the regular delivery of fluid milk and related dairy products to homes. This
chapter shall also not apply to temporary food truck or portable confectionery stores for specific
community events.
Section 615.03: APPLICATION FOR PERMIT.
Subd. 1. Form. An application for a permit shall be submitted to the City on forms
prepared by the City.
Subd. 2. Required Information: The applicant shall file with the application such
information as will clearly establish the times and the places where the applicant desires to
operate such portable stores or mobile food vendors/food truck; shall describe the physical
characteristics of such portable stores or mobile food vendors/food truck; shall describe the
wares to be sold and any other information the City may require.
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CHAPTER VI—GENERAL REGULATIONS
Subd. 3. Submission: Each application for a permit required hereunder shall be submitted
to the City.
Subd. 4. Each mobile food vendors/food truck shall not receive a permit under this
section who has not first received a license from the State and/or County Health Department
authorizing such food preparation and sales. Any conditions of the State Health Department shall
be incorporated into the license issued under this Section, in addition to any other conditions
imposed by the City of St. Joseph.
Subd. 5. Issuance: Permits shall not be issued if the administration finds that the health,
welfare or safety of the public will be endangered by the operation of a portable confectionery
store or mobile food vendors/food truck.
Subd. 6. Each vehicle shall have current license plates, pass any required DOT
inspections and contain a current certified fire extinguisher as required.
Section 615.04: PERMIT FEES; TRANSFERABILITY.
Subd. 1. Fee. The fee for each permit shall be established by Council resolution and:
a. There shall be no prorating or refunding of permit fees, nor shall a permit be
transferable.
b. A separate permit shall be required of each portable confectionery store or mobile
food vendors/food truck regardless of ownership.
Section 615.05: TERM OF PERMIT. All permits issued hereunder shall expire January
1 of each year.
Section 615.06: INSURANCE.
Subd.1. Liability Insurance Required: The applicant shall carry a general policy of
liability insurance in which the City is named coinsured which shall provide a limit of coverage
of not less than three hundred thousand dollars/one hundred thousand dollars
($300,000.00/$100,000.00) for bodily injury and twenty five thousand dollars ($25,000.00) for
property damage.
Subd. 2. Notice of Cancellation: The insurance policy required by this Section shall
further provide that no cancellation of said insurance policy, for any cause, may be made by the
insured or the insurance company without first giving thirty (30) days' notice to the City, in
writing, of the intention to cancel. Such notice shall be addressed to the City by registered mail
or shall be delivered to the City personally.
Section 615.07: SOUND DEVICES. No person operating a portable confectionery store
shall shout, make any cryout, blow a horn, ring a bell or use any sound device, including any
loud speaking radio or sound amplifying system upon any of the streets, alleys, parks or other
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CHAPTER VI—GENERAL REGULATIONS
public places of the City or upon any private premises in the City where sound of sufficient
volume is emitted or produced therefrom to be capable of being plainly heard upon the streets,
avenues, alleys, parks or public places, for the purpose of attracting attention to any goods, wares
or merchandise which such permittee proposes to sell, unless prior approval with conditions are
received from the City Administrator.
Section 615.08: SALES WHILE IN MOTION. At no time shall any sales be made from
a portable confectionery store or food truck while it is in motion.
Section 615.09: FOOD TRUCK OR MOBILE FOOD VENDOR OPERATIONS.
No external signage, other than such signage directly attached to the vehicle, may be utilized.
Subd. 1. No external seating may be utilized.
Subd. 2. No other equipment may be utilized that is not fully contained within the
vehicle.
Subd. 3. Any generator in use must be self-contained and fully screened from view.
Subd. 4. Operations shall be limited to the number of days indicated on the applicant's
State License.
Subd. 5. Applicant shall provide waste disposal for litter and garbage generated by the
operation of the Food Truck or Vehicle, and shall clean all such litter and garbage before moving
from the location.
Subd. 6. The Food Truck or Vehicle shall obey the orders of any traffic control officer,
peace officer, or inspector, and shall be open to inspection during all open hours.
Subd. 7. Vehicle size shall not exceed ten (10) feet in height, nor twenty five (25) feet in
length.
Subd. 8. Hours of operation shall occur from 7:00 AM and 11:00 PM
Subd. 9. There shall be no overnight parking of food trucks on public right of way.
Section 615.10: FOOD TRUCK OR MOBILE FOOD VENDOR LOCATION.
Subd. 1. Properly licensed Food Truck or Mobile Food Vendor may operate on eligible
public streets when occupying no more than two parallel parking spaces.
Subd. 2. In no cases, may a Food Truck or Vehicle operate in a traffic lane, on a
sidewalk, or in any location, which causes an obstruction to traffic.
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CHAPTER VI—GENERAL REGULATIONS
Subd. 3. No Food Truck or Vehicle may operate on a public street within fifty (50) feet of
the intersection of two streets or within thirty (30) feet of the intersection of a public street and
private driveway opening.
Subd. 4. A Food Truck or Vehicle may operate within a parking lot with written
permission of the property owner/s or owner's authorized representative.
Subd. 5. No food truck shall operate within 50 feet of an existing restaurant located
within the city.
Subd. 6. The City Council may approve other locations on a temporary basis.
Created 4/2016
615-4
CHAPTER VII – LIQUOR, BEER & WINE
701-0
ORDINANCE 701 LICENSING AND REGULATION OF CONSUMPTION OF
INTOXICATING LIQUOR
Section 701.01: PROVISIONS OF STATE LAW ADOPTED...................................... 701-1
Section 701.02: LICENSE REQUIRED ......................................................................... 701-1
Section 701.03: BREWERY/TAPROOM LICENSE ..................................................... 701-2
Section 701.04: BREW PUB OFF-SALE INTOXICATING LICENSE ....................... 701-2
Section 701.05: SMALL BREWER OFF-SALE INTOXICATING .............................. 701-3
Section 701.06: SUNDAY GROWLER OFF-SALE INTOXICATING ....................... 701-4
Section 701.07: SMALL BREWER OFF-SALE 128 OUNCE INTOXICATING ........ 701-5
Section 701.08: MICRO-DISTILLER COCKTAIL ROOM LICENSE ........................ 701-4
Section 701.09: MICRO-DISTILLER OFF-SALE LICENSE ....................................... 701-5
Section 701.10: MICRO-DISTILLER TERMPORARY ON-SALE LICENSE ............ 701-5
Section 701.11: APPLICATION FOR LICENSE .......................................................... 701-5
Section 701.12: LICENSE FEES .................................................................................... 701-6
Section 701.13: GRANTING OF LICENSES ................................................................ 701-7
Section 701.14: PERSONS INELIGIBLE FOR LICENSE ........................................... 701-7
Section 701.15: PLACES INELIGIBLE FOR LICENSE .............................................. 701-8
Section 701.16: CONDITIONS OF LICENSE .............................................................. 701-8
Section 701.17: HOURS OF OPERATION ................................................................. 701-11
Section 701.18: CLUBS ................................................................................................ 701-12
Section 701.19: RESTRICTIONS ON PURCHASE OR CONSUMPTION ............... 701-12
Section 701.20: SUSPENSION AND REVOCATION................................................ 701-19
Section 701.21: BOTTLE CLUBS ............................................................................... 701-20
Section 701.22: PENALTY .......................................................................................... 701-20
Section 701.23: LIMITATION OF ON SALE LIQUOR LICENSES ......................... 701-20
Section 701.24: LIMITATION OF EXCLUSIVE OFF-SALE LICENSES ................ 701-20
CHAPTER VII – LIQUOR, BEER & WINE
701-1
ORDINANCE 701 LICENSING AND REGULATION OF CONSUMPTION OF
INTOXICATING LIQUOR
Section 701.01: PROVISIONS OF STATE LAW ADOPTED. The provisions of Minn.
Stat. Ch. 340A, relating to the definition of terms, licensing, consumption, sales, conditions of
bonds of licensees, hours of sale, and all other matters pertaining to the retail sale, distribution,
and consumption of intoxicating liquor are adopted and made a part of this ordinance as if set out
in full, except as herein altered or modified under the authority provided to municipalities in
Minn. Stat. § 340A.509.
Section 701.02: LICENSE REQUIRED.
Subd. 1: General Requirement. No person, except a wholesaler or manufacturer to the
extent authorized under state license, shall directly or indirectly deal in, sell, or keep for sale in
the City any intoxicating liquor without a license to do so as provided in this ordinance. Liquor
licenses shall be of four kinds: on-sale, off-sale, club and temporary on-sale licenses.
Subd. 2: On-Sale Licenses. On-sale licenses shall be issued only to clubs, restaurants,
and exclusive liquor stores and shall permit on-sale of liquor only.
Subd. 3: Off-Sale Licenses. Off-sale licenses shall be issued only to exclusive liquor
stores and shall permit off-sales of liquor only.
Subd. 4: Special Club Licenses. Special club licenses shall be issued only to
incorporated clubs which have been in existence for fifteen (15) years or more or to
congressionally chartered veterans' organizations which have been in existence for ten (10)
years.
Subd. 5: Temporary On-Sale Licenses.
a) "Temporary on-sale intoxicating liquor licenses, with the approval of the Commissioner
of Public Safety, may be issued only in connection with a social event sponsored by a
club, charitable, religious, or other nonprofit corporation that has existed for at least three
years; a political committee registered under state law; or a state university. No license
shall be for longer than four consecutive days, and the city may issue a three four-day,
four three-day, six two-day, or twelve one-day temporary license in any combination, not
to exceed 12 days per year to any one organization, or for any one location within a
twelve-month period.
A brewer who manufactures fewer than 3,500 barrels of malt liquor in a year or a
microdistillery a temporary license for the on-sale of intoxicating liquor in connection
with a social event within the municipality sponsored by the brewer or microdistillery.
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Section 701.03: BREWERY/TAPROOM LICENSE
Subd. 1: A Brewer licensed under Minn. Stat. §340A.301 may be issued an On-Sale
Brewery Taproom License for the “on-sale” of malt liquor produced on the licensed premises,
subject to the following conditions:
a) The on-sale of malt liquor may only be made during the days and hours that on-
sale of liquor may be made, as prescribed by State Law or within this Chapter.
b) A Brewer may only hold one (1) Brewery License within the City.
c) The only alcohol beverage that may be sold or consumed on the premises of a
licensed Brewery Taproom will be the malt liquor produced by the Brewer upon the Brewery
Taproom Premises.
d) The holder of a Brewery Taproom License who also holds a Brew Pub off-sale
license is permitted to sell Growlers which is defined as a container with a capacity of up to 64
ounces, for the take-out or off-sale of craft beer. The Growler must be sealed by a paper or
adhesive band aid strip or sleeve that is applied over the top of the closure in such a manner that
the seal must be broken in order to open the container. The adhesive band, strip or sleeve shall
bear the name and address of the brewer.
e) Nothing in this subdivision precludes the holder of a Brewer Taproom License
from also holding a license to operate a restaurant on the premise of the brewery.
Subd. 2. A Brewery Taproom License may not be issued to a Brewer if the Brewer
seeking the license, or any person having an economic interest in the Brewer seeking the license
or exercising control over the Brewer seeking the license, is a Brewer that brews or produces
more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000
gallons of wine annually, as defined and prescribed by Minn. Stat. § 340.301.
Section 701.04: BREW PUB OFF-SALE INTOXICATING LICENSE
Subd. 1: A Brew Pub Off-Sale Intoxicating Malt Liquor license may be issued to a
brewer who holds a brewer license issued by the Minnesota Commissioner of Public Safety for
the operation of a brewpub and shall be operated in and as a part of a restaurant establishment
for which an on-sale intoxicating liquor license has been issued by the city.
a) An off-sale license may be issued solely for the malt liquor produced and
packaged on the licensed premises and only upon approval of the license by the Minnesota
Commissioner of Public Safety.
b) Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive
liquor stores and must be removed from the licensed premises before the applicable off-sale
closing time requirements.
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c) Only malt liquor may be brewed or manufactured at the licensed premises and not
more than 3,500 barrels of malt liquor in a calendar year may be brewed or manufactured at the
licensed premises.
d) The malt liquor sold off-sale shall be packaged in 64-ounce containers commonly
known as "growlers" and shall have the following requirements for packaging:
1. The containers shall bear a twist type closure, cork, stopper or plug.
2. At the time of sale, a paper or plastic adhesive band, strip or sleeve shall
be applied to the container and extend over the top of the twist type
closure, cork, stopper or plug forming a seal that must be broken upon
opening of the container.
3. The adhesive band, strip or sleeve shall bear the name and address of the
brewer/licensee selling the malt liquor.
4. The containers shall be identified as malt liquor, contain the name of the
malt liquor, bear the name and address of the brewer/licensee selling the
malt liquor, and the contents in the container packaged as required herein
shall be considered intoxicating liquor unless the alcoholic content is
labeled as otherwise in accordance with the provisions of Minnesota
Rules, part 7515.1100.
Section 701.05: SMALL BREWER OFF-SALE INTOXICATING
Subd. 1: A “Small Brewer Off-Sale Intoxicating" license authorizes a micro-brewery that
manufactures less than 150,000 barrels of malt liquor per year to sell malt liquor to the public in
64-ounce containers, commonly known as “growlers,” or in 750 milliliter bottles as permitted by
Minn. Stat. §340A.301. The amount of malt liquor sold at off-sale may not exceed 500 barrels
annually; off-sale shall be limited to the legal hours for off-sale at exclusive liquor stores, and
the off-sale must be removed from the premises before the applicable off-sale closing time at
exclusive liquor stores.
a) The malt liquor shall be packed in 64-ounce containers commonly known as
growlers or in 750 milliliter bottles. The containers or bottles shall bear a twist-type closure,
cork, stopper, or plug. At the time of the sale, a paper or plastic adhesive band, strip, or sleeve
shall be applied to the container or bottle and extended over the top of the twist-type closure,
cork, stopper, or plug forming a seal that must be broken upon opening of the container or
bottle. The adhesive band, strip, or sleeve shall bear the name and address of the brewer. The
containers or bottles shall be identified as malt liquor, contain the name of the malt liquor, bear
the name and address of the brewer selling the malt liquor, and shall be considered intoxicating
liquor unless the alcoholic content is labeled as otherwise in accordance with the provisions of
Minnesota Rules, part 7515.1100.
b) A brewer may, but is not required to, refill any growler with malt liquor for off-
sale at the request of a customer. A brewer refilling a growler must do so at its licensed premises
and the growler must be filled at the tap at the time of sale. A growler refilled under this
paragraph must be sealed and labeled in the manner described in paragraph (a).
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c) A brewer may only have one license under this subdivision.
d) The City may not issue a license under this subdivision to a brewer if the brewer
seeking the license, or any person having an economic interest in the brewer seeking the license
or exercising control over the brewer seeking the license, is a brewer that brews more than
150,000 barrels of its own brands of malt liquor annually or a winery that produces more than
250,000 gallons of wine annually.
Section 701.06: SUNDAY GROWLER OFF-SALE INTOXICATING: Authorizes a
small brewer that manufactures less than 150,000 barrels of malt liquor per year to sell malt
liquor to the public in 64-ounce containers, commonly known as “growlers,” or in 750 milliliter
bottles as permitted by Minn. Stat. 340A.301, on Sundays between the hours of 8:00 am to 10:00
pm.
Section 701.07: SMALL BREWER OFF-SALE 128 OUNCE INTOXICATING:
Subd. 1: Small Brewer off-sale 128-ounce license allows a brewer licensed under
Minnesota Statute 340A.301 that produces 7,500 barrels or less of malt liquor annually to be
issued a license by a municipality for off-sale of up to 128 ounces per customer per day in any
packaging conforming to state and federal regulation.
a. Breweries that exceed 7,500 barrels annually do not qualify for this license
b. 128-ounce brewer off-sale malt liquor licenses may also be issued, with approval of
the commissioner, to a holder of a brewer’s license under Minnesota Statute
340A.301, Subd. 6(c), (i) or (j) and meeting the criteria established by Minnesota
Statute 340A.29 as may be amended from time to time.
c. The amount of malt liquor sold at off-sale under this license may not exceed 128
ounces per customer per day
d. The malt liquor sold off-sale must be removed from the premises before the
applicable off-sale closing time at exclusive liquor stores.
e. Sales shall be limited to the hours as described in Minnesota Statute. 340A.504 Subd.
4.
f. Packaging of malt liquor for off-sale under this license must comply with the
provisions of Minnesota Rules, parts 7515.1080 to 7515.1120.
Section 701.08: MICRO-DIST ILLER COCKTAIL ROOM LICENSE. A cocktail room
license may be issued to the holder of a state microdistillery license if at least 50% of the annual
production of the licensee is processed and distilled on premise. A microdistillery cocktail room
license authorizes on-sale of distilled liquor produced by the distiller for consumption on the
premises of or adjacent to one distillery location owned by the distiller. The holder of a
microdistillery cocktail room license may also hold a license to operate a restaurant at the
distillery. A distiller may only have one cocktail room license and cannot have an ownership
interest in an additional distillery. No single entity may hold both a microdistillery cocktail room
and taproom license and a microdistillery cocktail room and taproom may not be co-located.
Within 10 days of the issuance of the microdistillery cocktail room license, the city shall inform
the Commissioner of Public Safety of the licensee’s name and address and trade name, and the
effective and expiration dates of the license. The city shall also inform the Commissioner of
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Public Safety of a microdistillery cocktail room license transfer, cancelation, suspension, or
revocation during the license period.
A licensed distillery may provide on its premises samples of distilled spirits manufactured on its
premises, in an amount not to exceed 15 milliliters per variety per person. No more than 45
milliliters may be sampled under this paragraph by any person on any day.
Section 701.09: MICRO-DISTILLER OFF-SALE LICENSE. A microdistiller off-sale
license may be issued to a state-licensed microdistillery for sales of distilled spirits produced on-
site. To be eligible for an off-sale license, the microdistillery must process and distill at least
50% of the licensee’s annual production on the premises of the microdistillery. A microdistillery
off-sale license authorizes off-sale of up to 750 milliliter per customer per day of product
manufactured on-site provided the product is available for distribution to wholesalers.
Section 701.10: MICRODISTILLER TEMPORARY ON-SALE LICENSE. A
microdistillery temporary on-sale intoxicating liquor license may be issued to the holder of a
state microdistillery license. This license authorizes on-sale of intoxicating liquor in connection
with a social event within the city sponsored by the microdistillery.
Section 701.11: APPLICATION FOR LICENSE.
Subd. 1: Form. The application shall be in the form prescribed by the commissioner of
public safety and shall be verified and filed with the City Clerk/Administrator. No person shall
make a false statement in an application.
Subd. 2: Liability Insurance. Prior to the issuance of an on-sale or off-sale intoxicating
liquor license, the applicant must demonstrate proof of financial responsibility with regard to
liability imposed by Minn. Stat. §340A.409 with the Commissioner of Public Safety and the City
Clerk/Administrator of St. Joseph as a condition of the issuance or renewal of his/her license.
Proof of financial responsibility may be given by filing.
a) A certificate that there is in effect an insurance policy or pool providing the
following minimum coverages:
1. Fifty Thousand Dollars ($50,000) because of bodily injury in any one
person in any one occurrence, and, subject to the limit for one person, in
the amount of One Hundred Thousand Dollars ($100,000) because of
bodily injury to two or more persons in any one occurrence, and in the
amount of Ten Thousand Dollars ($10,000) because of injury to or
destruction of property of others in any one occurrence.
2. Fifty Thousand Dollars ($50,000) for loss of means of support of any one
person in any one occurrence, and, subject to the limit for one person, One
Hundred Thousand Dollars ($100,000) for loss of means of support of two
or more persons in anyone occurrence; or
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b) A bond of a surety company with minimum coverages as provided in clause a), or
c) A certificate of the State Treasurer that the licensee has deposited with him One
Hundred Thousand Dollars ($100,000) in cash or securities which may legally be
purchased by savings banks or for trust funds having a market value of One
Hundred Thousand Dollars ($100,000).
The liability insurance policy required by this subdivision shall provide that it may not be
cancelled for any cause, either by the insured or the insurance company without first giving 10
days notice to the City in writing of intention to cancel it, addressed to the City
Clerk/Administrator of the City of St. Joseph.
The operation of an off-sale or on-sale business without having on file at all times with
the City Clerk/Administrator the liability insurance policy herein referred to shall be grounds for
immediate revocation of the license. Lapse of insurance or other evidence of financial
responsibility will trigger an automatic revocation of the license. Notice of cancellation of a
current liquor liability insurance policy shall also serve as notice to the licensee of the impending
revocation and that unless evidence of compliance with the financial responsibility requirement
is presented to the City Clerk/Administrator before the termination is effective, the license will
be revoked instantly upon the lapse of insurance or other financial responsibility.
Section 701.12: LICENSE FEES.
Subd. 1: Payment . All license fees shall be paid in full at the time the application is filed
with the city.
Subd. 2: Fees. The Council establishes the fees by Ordinance for any of the liquor
licenses it is authorized to issue. The license fee may not exceed the cost of issuing the license
and other costs directly related to the enforcement of the liquor laws and this ordinance. No
liquor license fee shall be increased without providing mailed notice of a hearing on the
proposed increase to all affected licensees at least 30 days before the hearing.
Subd. 3: Term; Pro Rata Fee. Other than the temporary on-sale license, each license
shall be issued for a period of one year. If the application is made during the license year, the
license may be issued for the remainder of the year for a pro rata fee, with any unexpired fraction
of a month being counted as one month. Every license shall expire on June 30.
Subd. 4: Refunds. No part of the fee paid for any license issued under this Ordinance
shall be refunded except in the following instances upon request to the City Council within 30
days from the happening of the event. There shall be refunded a pro rata portion of the fee for
the unexpired period of the license, computed on a monthly basis when operation of the licensed
business ceases not less than one month before expiration of the license because of:
a) Destruction or damage to the licensed premises by fire or other catastrophes.
b) The licensee's illness.
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c) The licensee's death.
d) A change in the legal status of the municipality, making it unlawful for the
licensed business to continue.
Section 701.13: GRANTING OF LICENSES.
Subd. 1: Preliminary Background and Financial Investigation. On an initial application
for an intoxicating liquor license and on application for transfer of an existing intoxicating liquor
license, the city shall conduct a preliminary background and financial investigation of the
applicant or it may contract with the Commissioner of Public Safety for the investigation. The
applicant shall pay with his/her application an investigation fee of $500.00which shall be in
addition to any license fee. If the council deems it in the public interest to have an investigation
made on a particular application for renewal of an intoxicating liquor license, it shall so
determine.
Subd. 2: Investigation Outside State. If an investigation outside the state is required, the
applicant shall be charged the actual cost of the investigation, not to exceed $10,000, which shall
be paid by the applicant after deducting any initial investigation fee already paid. The fee shall
be payable by the applicant whether or not the license is granted.
Subd. 3: Council Discretion to Grant or Deny a License. The Council in its sound
discretion may either grant or deny the application for any license or for the transfer or renewal
of any license. No applicant has a right to a license under this ordinance.
Subd. 4: Questioned Identity. Questioned identity situations may occur. Fingerprint
verification will be allowed for cases where it is not clear if a record based on a name and date of
birth search accurately corresponds to the subject of the inquiry.
Subd. 5: Person and Premises Licensed; Transfer. Each license shall be issued only to
the applicant and for the premises described in the application. No license may be transferred to
another person or place without City Council approval. Any transfer of stock of a corporate
licensee is deemed a transfer of the license and a transfer of stock without prior council approval
is a ground for revocation of the license.
Section 701.14: PERSONS INELIGIBLE FOR LICENSE. No license shall be granted
to or held by any person:
a) Under 21 years of age.
b) Who is not of good moral character or repute.
c) Who, if he/she is an individual, is not a resident of the State of Minnesota, or does
not become a resident of the State of Minnesota within 90 days after the license is
issued. If the applicant is a corporation, at least one principal officer of the
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corporation must be a resident of the State of Minnesota or must become a
resident of the State of Minnesota within 90 days after the license is issued.
d) Who is or has been convicted of any violation of any law in the United States or
the State of Minnesota or of any local ordinance regarding the manufacture, sale,
distribution, or possession for sale or distribution of intoxicating liquor, or whose
liquor license has been revoked or who has committed a willful violation of any
such laws or ordinance.
e) Who is a manufacturer or wholesaler of intoxicating liquor or is interested directly
or indirectly in the ownership or operation of any such business.
f) Who is directly or indirectly interested in any other establishment in the
municipality to which a license of the same class has been issued under this
Ordinance.
g) Who has not met the general requirements for City approvals under Section
104.06 of the St. Joseph Code of Ordinances.
Section 701.15: PLACES INELIGIBLE FOR LICENSE.
Subd. 1: General Prohibition. No license shall be issued for any place or any business
ineligible for such a license under state law.
Subd. 2: Delinquent Taxes and Charges. No license shall be granted for operation on
any premises on which taxes, assessments, or other financial claims of the City are delinquent
and unpaid.
Section 701.16: CONDITIONS OF LICENSE.
Subd. 1: In General. Every license is subject to the conditions in the following
subdivisions and all other provisions of this ordinance and of any other applicable ordinance,
state law or regulation.
Subd. 2: Licensee's Responsibility. Every licensee is responsible for the conduct of
his/her place of business and the conditions of sobriety and order in it. The act of any employee
on the licensed premises authorized to sell intoxicating liquor there is deemed the act of the
licensee as well, and the licensee shall be liable to all penalties provided by this ordinance and
the law equally with the employee.
Subd. 3: Inspections. Every licensee shall allow any peace officer, health officer, or
properly designated officer or employee of the City to conduct compliance checks and to
otherwise enter, inspect, and search the premises of the licensee during business hours and after
business hours during the time when customers remain on the premises without a warrant.
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Subd. 4: Annual Fire Inspection. Every licensee shall complete a Fire Inspection to
check for the following:
a. Unobstructed exits;
b. Verification of posted occupancy load
c. Fire extinguishers
d. Kitchens – Fire suppression in hoods
e. Other Fire Hazards that may be present.
Such inspection must be completed between May 15 and June 15 of each calendar year.
Licensees not completing and passing the inspection will not be eligible for renew or issuance.
Subd. 5: Removal of Trash and Debris. Trash and debris within the establishment’s
property or property within 50 feet of the establishment shall be cleaned no later than 9:00AM
the following day, and all trash and debris located within that area, or trash and debris located
adjacent to the area but originating from the designated outside area, shall be picked up and
removed within that time period. Trash and debris consist of, but is not limited to cigarette butts,
glass, paper, cans and other rubbish.
Subd. 6: Transaction Device Scanner: License holders with a 2:00 a.m. State License are
required to use a transaction scan device or similar approved method at a point of sale or entry to
verify the age and identification of patrons. Transaction scan device is any commercial device or
combination of devices used at a point of sale or entry that is capable of deciphering in an
electronically readable format the information encoded on the magnetic strip or bar code of a
driver’s license or other government-issued photo identification. Proof of use will include
random checks as well as the establishment seizing and releasing to the Police Department all
false identification cards obtained.
Subd. 7: Seized Identification Forms: A licensed retailer or municipal liquor store may
seize a form of identification if the retailer or municipal liquor store has reasonable grounds to
believe that the form of identification has been altered or falsified or is being used to violate any
law. A retailer or municipal liquor store that seizes a form of identification as authorized under
this paragraph must deliver it to a law enforcement agency within 24 hours of seizing such.
Subd. 8: Annual Meeting with Police Chief Required. Both the licensee and at least one
of the managers that is responsible for conducting the licensee’s business at which liquor is sold
must attend a meeting with the City’s Police Chief once per year to discuss the topics of liquor
license rules and their enforcement. The date, time and location of the meeting will be set by the
Police Chief.
Subd. 9: Nudity and Sexual Conduct Prohibited. The following acts or conduct on
licensed premises are strictly prohibited:
a) To employ or use any person in the sale or service of alcoholic beverages in or
upon the licensed premises while such person is unclothed or in such attire,
costume or clothing so as to expose or to view any portion of the female breast
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below the top of the areola or of any portion of the pubic hair, anus, cleft of the
buttocks, vulva or genitals.
b) To employ or use services of any host or hostess while such host or hostess is
unclothed or in such attire, costume or clothing as described in above.
c) To employ or use any dancers, musicians, or other performers or entertainers,
who are unclothed or in such attire, costume or clothing as described above.
d) To directly or indirectly sponsor any contests which may foreseeably cause, result
in or lead to the occurrence of the acts or incidents described in this section.
e) To encourage or permit any person on the licensed premises to touch, caress or
fondle breasts, buttocks, anus or genitals of any employee of the licensee or any
performers or entertainers who are employed or whose services are used by the
licensee.
f) To permit any person to perform acts of or acts which simulate:
1. With or upon another person sexual intercourse, sodomy, oral copulation,
flagellation or any sexual act which is prohibited by law.
2. Masturbation or bestiality.
3. With or upon another person the touching, caressing or fondling of the
buttocks, anus, genitals or female breasts.
4. The displaying of the pubic hair, anus, vulva, genitals or female breasts
below the top of the areola.
g) To permit any person to use artificial devices or inanimate objects to depict any of
the prohibited activities described above.
h) To permit any person to remain in or upon the licensed premises, or any area
owned or controlled by the licensee which is viewable from upon the licensed
premises, who exposes to public view any portion of his or her genitals or anus.
i) To permit the showing of film, still pictures, electronic reproduction, or other
visual reproduction depicting:
1. Acts or simulated acts of sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation, or any sexual act which is
prohibited by law.
2. Any person being touched, caressed or fondled on the breast, buttocks,
anus, or genitals.
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3. Scenes wherein a person displays the vulva, the anus or the genitals.
4. Scenes wherein artificial devices or inanimate objects are employed to
depict, or drawings are employed to portray, any of the prohibited
activities described herein.
j) A violation of any portion of this section shall be punishable as a misdemeanor.
Both the licensee and the person(s) actually engaging in any of the prohibited acts
shall be criminally liable. Any violation of this section shall also constitute
grounds for revocation or suspension of the licensee's license, in accordance with
the rules and procedures otherwise established by this ordinance and state law.
Section 701.17: HOURS OF OPERATION.
Subd. 1: Applicability of State Laws. No sale of intoxicating liquor shall be made at any
time when the sale of intoxicating liquor shall be prohibited by state law, except that no sale of
intoxicating liquor shall be made between 2:00 a.m. and 8:00 a.m. on the days of Monday
through Saturday, nor after 2:00 a.m. and 10:00 a.m. on Sunday. Except as provided by Section
701.13 Subdivision 2.
Subd. 2: Sunday Liquor. A restaurant, club, or hotel with a seating capacity of at least
30 persons and which holds an on-sale intoxicating liquor license may sell intoxicating liquor for
consumption on the premises in conjunction with the sale of food after the hour of 10:00 a.m. on
Sundays. An establishment serving intoxicating liquor on Sundays must obtain a Sunday
license. Any establishment requesting a Sunday license must show that they are in conformance
with the Minnesota Clean Air Act. A license must be issued by the governing body of the
municipality for a period of one year, and a fee as established by resolution of the City Council
may be charged, but in no event shall said fee exceed the sum of Two Hundred Dollars ($200).
The sale of liquor on Mondays between the hours of 12:00 a.m. and 1:00 a.m. is permitted unless
otherwise prohibited by State law.
Subd. 3: Display of Liquor after Hours. All persons, except the licensee, his/her bona
fide employees, and the law enforcement officers, shall be excluded from the premises within 30
minutes after the expiration of the time on any day when intoxicating liquor may be legally sold
therein. It shall be unlawful to permit the consumption or displaying of intoxicating liquors later
than 30 minutes after the sales must terminate. It shall be conclusively presumed that any
intoxicating liquor remaining on a bar or in a booth or on a table thereafter shall be for the
purpose of consuming the same in violation of this section.
Subd. 4: Enforcement by Licensee. The named licensee shall be responsible for the
enforcement of this section and failure to do so shall be a violation of this Ordinance whether the
named licensee, or any officer thereof, is physically present when the offense occurred.
If the licensee is operating any other lawful business in the building in which the licensed
bar is located, no intoxicating liquor shall be served, nor permitted to be consumed, on the
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premises where such other business is conducted during the time when the bar must be closed as
aforesaid.
Subd. 5: Sales after 1:00 a.m. Permit Fee: No licensee may sell intoxicating liquor or 3.2
percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the licensee has
obtained a permit from the Commissioner. Application for the permit must be on a form the
Commissioner prescribes. Permits are effective for one year from the date of issuance. The fee
for the permit is based on the licensee’s gross receipts from on-sale of alcoholic beverages in the
12 months prior to the month in which the permit is issued and is at the rates established in
Minnesota Statute 340A.504, Subd. 7.
Section 701.18: CLUBS. No club holding a special club license shall sell liquor except
to members. No other licensed club shall sell liquor except to members, and to guests in the
company of members.
Section 701.19: RESTRICTIONS ON PURCHASE OR CONSUMPTION.
Subd. 1: Persons to Whom Sale is Illegal.
a) No persons to whom the sale of intoxicating liquor is forbidden by state law shall
misrepresent his/her age for the purpose of obtaining intoxicating liquor nor shall
he/she enter any licensed premises under this Ordinance in order to procure said
beverages, or to consume or purchase, or attempt to purchase, or have another
purchase for him, such beverages on licensed premises.
b) No person shall induce a person to whom the sale of intoxicating liquor is
forbidden by state law to purchase or procure intoxicating liquor.
c) Except as hereinafter provided, no person to whom the sale of intoxicating liquor
is forbidden shall enter or remain in any place where intoxicating liquors are sold
or given away. A person to whom the sale of intoxicating liquor is forbidden may
be permitted to remain in specified areas of licensed premises if said person:
1. Is accompanied by his/her parent or legal guardian, or
2. Is in the restaurant for the purposes of eating, or
3. Is in a bona fide bowling establishment for the purpose of bowling or
watching others bowl, or
4. Is in an approved game room area no later than 9:00 p.m. for the purpose
of using or watching others use amusement devices, or
5. Is an employee of the licensed premises who is 18 years of age or older
and is on the premises for purposes of his/her employment, or
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6. Is a guest at a private reception or party.
d) For the purposes of this ordinance:
1. Private Reception or Party. Shall mean an event held in licensed premises
that is not open to the public and attendance is limited to a discreet and
identifiable group of persons invited by a host, which group may include
persons under the age of twenty-one (21).
2. Host. For purposes of this ordinance is a person, at least 21 years of age,
who has rented a discreet portion or all of the licensed premises, which
person is financially responsible for the rental of the premises. The general
public may not be allowed into or invited to the private party.
3. Game Room. Is defined as an enclosed area, separate and apart from the
areas in which intoxicating liquor is sold or served, which is equipped
with amusement devices and which has as its primary purpose the use and
enjoyment of said amusement devices, provided, however, that no such
area shall qualify as a game room if intoxicating liquor is served or
delivered to the area by the licensee or his/her employees, before 9:00
p.m. Licensees seeking to establish and operate an approved game room
area must first apply to the City Council for approval and must show that
the area so designated conforms to the definition of "game room" set forth
above. Council approval of any such area is required before minors may
be allowed in the licensed premises pursuant to subparagraph d) of this
subdivision.
4. Licensed premises. Shall not include any enclosed area, separate and
apart from the area in which intoxicating liquor is sold or served, provided
that such area is separated by an impermeable floor to ceiling barrier from
the area in which intoxicating liquor is sold. Any licensee maintaining
such an area at the same site as a licensed premise, shall be responsible for
preventing persons under the legal age for purchasing intoxicating from
entering the licensed premises and preventing the transport of any
intoxicating liquor from the licensed premises into the separate area. The
presence of an underage person in the licensed premises or the presence of
alcohol in the separated area shall both be deemed violations of this
ordinance subdivision by the named licensee.
e) The named licensee shall be responsible for enforcement of this subdivision, and
failure to do so shall be a violation of this Ordinance by the licensee whether the
named licensee, or any officer thereof, be physically present when the offense
occurred.
Subd. 2: Consumption in Public Place.
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a) No persons shall mix or prepare liquor for consumption in any public place or
place of business not licensed to sell liquor on-sale and no person shall consume
liquor in any such place.
b) No liquor shall be sold or consumed on a public highway or in an automobile in
any public place in the City of St. Joseph.
c) No liquor shall be consumed or carried in an open container on any public street,
highway, alley, public sidewalk, public parking lot or private parking lot which is
open for use by the general public.
d) No person shall consume or carry an open container of any liquor on any parking
lot provided for the patrons of a licensee under this Ordinance. The licensee shall
be responsible for the enforcement of this Section, and permitting any person to
consume or carry an open container of liquor on any parking lot provided for the
patrons of a licensee under this Ordinance shall be a violation of this Ordinance
by the licensee.
e) For purposes of this Section, the term "Liquor" shall mean for purposes of
inclusion but not limitation, all intoxicating liquor and spirits, intoxicating and
non-intoxicating malt liquors and wines.
f) For purposes of this Section, herein, "open container" is defined as any type of
container from which a liquid may be readily poured, consumed, or otherwise
removed, that has been opened, or the seal broken, or the contents of which have
been partially removed.
Subd. 3: Identification. Every person shall process and show proper identification to a
licensee, employee of a licensee or police officer when requested to do so when the following
circumstances exist:
a) The person is entering or present in the premises licensed for the sale of
intoxicating liquor.
b) The person is in possession of intoxicating or 3.2 percent malt liquor, either on or
off licensed premises.
For purposes of this ordinance, proper identification shall be limited to a valid driver’s
license or official state identification card.
Subd. 4: Consumption off the Premises. All intoxicating liquor sold on-sale shall be
possessed and consumed inside the building where purchased on-sale except as allowed in
Subdivisions 5 and 6 of this section. The licensee shall be responsible for the enforcement of
this provision, and permitting a person possessing intoxicating liquor on-sale to leave the
building shall be a violation of this Ordinance by the licensee.
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Subd. 5: Outdoor Liquor Sales. Notwithstanding the provisions of Section 701.15,
Subdivisions 2, 3 and 4 herein, a licensee shall be allowed to sell intoxicating liquor and may
allow persons to possess and consume said intoxicating liquor outside of the structure on the
license premises on-sale business by applying and receiving approval for an Outdoor Sales
Permit. An on-sale license holder may include in the application or re-application the additional
request to have an area that is contiguous to the completely enclosed licensed premises included
in the area licensed to permit the sale and/or consumption of liquor. The contiguous area shall
not be part of a public grounds and such area must be specified as included on the liquor liability
insurance certificate. Outdoor Liquor Sales are subject to the following terms and conditions:
a) Time. Sale of liquor in the licensed area is limited to the hours commencing at 10:00
AM and ending at 10:00 PM. Licensees, employees, and agents of any licensee will
not serve, dispense or in any manner furnish liquor in the licensed area at any other
time.; nor permit the presence of any open bottle or open receptacle containing liquor
in the licensed area within 30 minutes after the expiration of the time of any day when
liquor may be legally sold.
b) Access. The primary access and egress shall be from the main premise or structure
and no other access or egress shall be allowed other than those required as emergency
exits.
c) Free Passage Controlled. The premise shall be defined or structurally constructed so
as to prohibit the free passage of any person or substance from the licensed area.
d) Supervision. A designated employee shall be assigned, at all times of operation, the
responsibilities of supervision of the activities within the Outdoor Sales area.
e) No Live Entertainment. Live entertainment or the use of sound producing equipment
in the licensed area except as permitted by the City Council through an amendment of
the Outdoor Sales Permit. All noise shall be controlled in such a manner that it
remains in compliance with noise control regulations as set forth in the St. Joseph
Code of Ordinances
f) Debris. Debris within the designated outside area shall be cleaned within one hour
after the closing of the area, and all debris located within the area, or debris located
adjacent to the area but originating from the designated outside area, shall be picked
up and removed within that time period.
g) Additional Terms and Conditions. Any application granted for the licensed area
premises will be granted upon such additional terms and conditions as the Council
may specify.
h) Expiration. Outdoor Sales, if permitted, will occur from April 1 – October 1 of each
year.
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i) Insurance. Any establishment offering outdoor liquor service must file with the City
evidence on insurance insuring against liability imposed by law arising out of the
ownership, maintenance or operation of such liquor service. The certificate must state
that all coverage afforded to the enclosed premise is extended to the outdoor service
area. The certificate must further state that coverage may not be cancelled except
upon ten days written notice with the City Administrator’s Office. Sale of liquor
within the outdoor service area must cease at any time the required insurance is not in
place.
j) No Expectation of Renewal. Any action of the City allowing outdoor sales must be
deemed experimental and as such, no expectation must be had by the licensee that the
outdoor area will continue to be permitted through annual licensing, even though no
misconduct occurred in the outdoor area.
k) Violations. Any violations of the provisions of this Ordinance regulating Outdoor
Sales, or of the State Law regulating the sales of liquors, which occur in the licensed
area, shall be considered violations of the principal on-sale license for the premises.
l) License Fee. The annual fee for an Outdoor Sales Permit shall be established by
Ordinance of the City Council.
Subd. 6: Temporary Outside Liquor Permit.
a) Notwithstanding the provisions of Section 701.15, Subd.'s 2, 3 and 4 herein, a
licensee shall be allowed to sell intoxicating liquor and may allow persons to
possess and consume said intoxicating liquor outside of the building of an on-sale
business, pursuant to a special permit from the City. The permit shall designate
whether it is an event permit or a seasonal permit. An event permit shall be
applicable for a single designated period not to exceed 48 hours. A seasonal
permit shall be valid from May 1 through September 1, or a designated portion
thereof. Application for a permit must be made to the City Clerk/Administrator at
least ninety (90) days prior to the date for which the permit is to apply.
Application shall be on a form prescribed by the City Council. Application shall
be made in the name of licensee, and the licensee assumes full responsibility for
any violation of the terms of the permit, this Ordinance or other law resulting
from acts or conduct occurring on the licensed premises at the time the permit is
in effect. Application for a permit shall be accompanied by a permit fee
established and amended from time to time by Council resolution. The fee is non-
refundable.
b) Upon receipt, the Clerk/Administrator shall forward the application to the Chief
of Police for review, comment and recommendation. Upon completion of police
review, the application shall be considered by the Council at a public meeting.
Prior to the meeting, the applicant shall notify the owners of property adjacent to
the location of the proposed outside liquor of the pending application.
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c) At the meeting, the Council may either deny or grant the permit and establish
reasonable conditions and regulations controlling the permitted activities.
When considering a permit request, the Council shall consider the following factors:
1. Protection of the peace and repose of the residents of the City.
2. The safety of City residents and their property.
3. The reasonable concerns of City residents within the vicinity of the
proposed activity.
4. The nature of the activity proposed and the manner in which the licensee
intends on controlling the activity.
5. The general land use of the surrounding neighborhood.
6. Past experience with events of a similar nature and events held by the
applicant.
7. Recommendations of the Police Department relative to public safety, law
enforcement and the creation of disturbance.
8. Whether the event is one of general community interest or is in the nature
of a civic event.
d) Permits for temporary outside liquor shall be subject to the following conditions.
1. Outside activities that are conducted in conjunction with liquor sales under
this license, including but not limited to the playing of live or recorded
music, shall cease at 9:30 p.m. except each license holder may on one
night during each calendar year extend the outside activities until 12:00
midnight if the following conditions are met:
a.) The event occurs on a Friday or Saturday, on July 3, or on the day
preceding Memorial Day or Labor Day; and
b.) The licensee has paid a surcharge in an amount established by
Ordinance of the City Council.
2. When the licensee submits his/her application for temporary outside
liquor, he/she shall also submit to the Council a Complaint Mitigation
Plan. This Plan shall outline actions required by the licensee prior to,
during and after an event in order to mitigate the number of complaints
from the public regarding the event. The Plan shall be signed by the
licensee and must be approved by the City Council.
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701-18
3. Upon payment of the application fee, the licensee shall also submit
payment in the amount of $1,000 that will be deposited into an escrow
account by the City and will be used to make payments for repairs, clean-
up, fines and other expenses that the City will incur as a direct result of the
licensed event(s). Those funds that are not used shall be returned to the
licensee.
4. The licensee shall provide an appropriate number of properly trained
security personnel to keep order and control during the entire license
period.
e) In granting a permit for temporary outside liquor, the Council shall establish
reasonable conditions to protect public health, safety, repose and property in
addition to those listed above. The conditions established by the Council may
include, but are not limited to, the following:
1. Limitation of the specific activities permitted.
2. Require measures to limit or regulate noise.
3. Limit the number of participants.
4. Make special provisions for additional parking.
f) In addition to those stated in the permit, all temporary outside liquor event permits
shall be subject to the following terms and conditions:
1. Outside liquor shall only be allowed on the licensed premises.
2. Ingress and egress to and from the area in which liquor is served,
consumed or possessed must be effectively controlled by a fence, tent
wall, building or other structure.
3. The licensee, his/her agents or employees shall supervise the activities or
persons within the outside liquor area for the purpose of enforcing the
state and local liquor laws, and controlling ingress and egress to the area.
4. No live or recorded music may be played within the outside liquor area
after 9:30 p.m., unless a written noise mitigation plan has been approved
by the City Council for that specific event.
5. The permitted outside liquor area shall not cause an obstruction of a public
street, alley or sidewalk, unless specifically permitted by the Council.
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701-19
6. The licensee shall repair any damage to public property directly resulting
from the activities, including but not limited to damage to pavement
caused by tent stakes and supports.
Subd. 7. Underage Consumption: No person under the age of 21 years shall consume
any alcoholic beverage, unless the alcoholic beverage is consumed in the household of said
persons parent or guardian and with the consent of the parent or guardian.
a) Penalty. A violation of this provision of this Ordinance is subject to the fines
established in the alcohol matrix by the City Council. Any subsequent offenses within
a twenty-four (24) month period of the first offense shall be subject to any additional
fines and or suspension of the liquor license as established in the alcohol matrix
adopted by the City Council.
b) Administrative Provision. The administrative penalty provisions of this ordinance
shall be enforced pursuant to St. Joseph Administrative Penalties Ordinance 104.05.
c) Administrative Procedure Voluntary. Persons who contest their liability or refuse to
pay the assessed penalty will be charged through the normal judicial channels. At any
time prior to the payment of the administrative penalty as is provided for hereafter,
the individual may withdraw from participation in the procedures in which event the
city may bring criminal charges in accordance with law. Likewise, the city, in its
discretion, may choose not to initiate an administrative offense procedure and may
bring criminal charges in the first instance.
d) Notice. Any officer of the City Police Department, and having authority to enforce
this Ordinance, shall, upon determining that there has been a violation, notify the
violator. This notice shall set forth the nature, date and time of violation, and amount
of the scheduled penalty.
e) Failure to Pay. In the event a party charged with an administrative penalty under this
subdivision fails to pay the penalty, within 20 days, a misdemeanor charge may be
brought against the alleged violator in accordance with applicable state statutes. If the
penalty is paid, no such charge may be brought by the City for the same violation.
f) Disposition of Penalties. All penalties collected pursuant to this Subdivision shall be
paid to the City treasurer and may be deposited into the City’s general fund.
Section 701.20: SUSPENSION AND REVOCATION. The Council may either revoke
or suspend for a period not to exceed sixty (60) days, any liquor license and/or assess a civil
monetary fine of not more than Two Thousand Dollars ($2,000) upon a finding that the licensee
has failed to comply with any applicable statute, regulation, or ordinance relating to intoxicating
liquor. No suspension or revocation shall take effect until the licensee has been afforded an
opportunity for a hearing pursuant to Minn. Stat. § 14.57 to 14.69 of the Administrative
Procedure Act. However, this section does not require the City to conduct the hearing before an
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701-20
employee of the Office of Administrative Hearings. The City may impose a penalty or
suspension under this section.
Section 701.21: BOTTLE CLUBS. Bottle Clubs as defined under M.S.A. 340A.101
shall be prohibited within the City limits of St. Joseph. It shall be unlawful for any private club
or for any business establishment without an authorized on-sale liquor license, directly or
indirectly, or upon any pretense or by any devise to allow the consumption or display of
intoxicating liquor or the serving of any liquid for the purpose of mixing of intoxicating liquor.
Section 701.22: PENALTY. A violation of this ordinance constitutes a misdemeanor,
except any person violating Section 701.12, Subd.'s 2 or 4 of this Ordinance is guilty of a petty
misdemeanor. Violations of Section 701.12, Subd. 7 may be enforced through criminal and/or
civil sanctions as set forth above.
Section 701.23: LIMITATION OF ON-SALE LIQUOR LICENSES. The number of on-
sale liquor licenses which may be issued under Section 701.02 of this Ordinance shall be limited
to six licenses. Liquor license in excess of six may be permitted by Resolution of the Council if
the entity seeking the license is a restaurant and it has been determined that the entity complies
with the requirements established in operating a restaurant under Minnesota Statute.
Section 701.24: LIMITATION OF EXCLUSIVE OFF-SALE LICENSES. The number
of exclusive off-sale liquor licenses (off-sale licenses not held and operated in conjunction with
an on-sale license) which may be issued under Section 701.02 of this Ordinance, shall be limited
based upon the population of the City of St. Joseph, as follows:
Population of City
Exclusive Off-Sale Licenses Authorized
0 to 3,200 1
3,201 to 11,000 3
11,001 to 15,000 4
Over 15,000 5
The population of the City of St. Joseph shall be as established by the official census of
the United States Department of Commerce or the official population estimates produced by the
State Demographer's Office, whichever is most current.
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ORDINANCE 702 LICENSING AND REGULATION OF THE SALE AND CONSUMPTION
OF NON INTOXICATING LIQUOR ......................................................................... 702-1
Section 702.01: PROVISIONS OF STATE LAW ADOPTED .................................... 702-1
Section 702.02: LICENSE REQUIRED ..................................................................... 702-1
Section 702.03: APPLICATIONS FOR LICENSE ..................................................... 702-2
Section 702.04: LICENSE FEES ................................................................................ 702-3
Section 702.05: GRANTING OF LICENSE ............................................................... 702-3
Section 702.06: PERSONS AND PLACES INELIGIBLE FOR LICENSE ................. 702-3
Section 702.07: CONDITIONS OF LICENSE............................................................ 702-4
Section 702.08: CLOSING HOURS ........................................................................... 702-7
Section 702.09: PUBLIC CHARACTER OF INTOXICATING MALT LIQUOR
SALES ................................................................................................ 702-7
Section 702.10: RESTRICTIONS ON PURCHASES AND CONSUMPTION ........... 702-7
Section 702.11: DANCING ........................................................................................ 702-8
Section 702.12: REVOCATION ................................................................................. 702-8
Section 702.13: PENALTY ........................................................................................ 702-8
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CHAPTER VII – LIQUOR, BEER & WINE
ORDINANCE 702 LICENSING AND REGULATION OF THE SALE AND
CONSUMPTION OF NON INTOXICATING LIQUOR
Section 702.01: PROVISIONS OF STATE LAW ADOPTED. The provisions of Minn.
Stat. Ch. 340A, relating to the sale, display, and consumption of 3.2 percent malt liquor, are
hereby adopted and made a part of this ordinance as if fully set out herein.
Section 702.02: LICENSE REQUIRED.
Subd. 1: No person, except wholesalers and manufacturers to the extent authorized by
law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any beer
within the City without first having received a license as hereinafter provided. Licenses shall be
of three kinds: (1) Retail "on-sale"; (2) Retail "off-sale"; (3) "Special Event".
Subd. 2: On Sale. Licenses shall be granted only to bona fide clubs, beer stores, drug
stores, restaurants and hotels where food is prepared and served for consumption on the
premises. "On Sale" licenses shall permit the sale of beer for consumption on the premises only.
Unless authorized to do so by license, all non intoxicating malt liquor sold "on sale" shall be
possessed and consumed inside the building where purchased "on sale". No person shall possess
or consume any non intoxicating malt liquor outside the building of an "on sale" business if said
non intoxicating malt liquor was purchased "on sale". The licensee shall be responsible for the
enforcement of this provision, and permitting a person possessing non intoxicating malt liquor
purchased "on sale" to leave the building shall be a violation of this Ordinance by the licensee.
Subd. 3: Off Sale. Licenses shall permit the sale of beer at retail, in the original package
for consumption off the premises only.
Subd. 4: Special Event. Licenses shall permit the on-sale sale of 3.2 percent malt liquor
for consumption on the premises only, for a specified continual twenty-four hour period expiring
at 1:00 a.m. The "special event" license shall be subject to the general terms and conditions of
this ordinance, unless clearly inapplicable, with the following additions and/or changes:
a) A "special event" license shall be issued only to organizations or entities which
qualify as a non-taxable organization as defined by Sec. 501(c) (3-8) of the
Internal Revenue Code.
b) Application for the "special event" license shall be submitted at least thirty days
prior to the date of applicability. The City Council may waive the 30 day
deadline, but if doing so, shall charge a late fee not to exceed $250.00.
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CHAPTER VII – LIQUOR, BEER & WINE
c) Proof of liability insurance as required by this ordinance shall be delivered to the
City Clerk/Administrator prior to issuance of the license.
d) The maximum number of "special event" licenses which may be issued to an
entity or organization in a single calendar year is three.
e) The permit fee for a "special event" license shall be $10.00 for a twenty-four hour
period.
Subd. 5: Any person issued an "on-sale" nonintoxicating liquor license pursuant to
Section 702.02, Subd. 2, of this Ordinance, may also engage in the sale of intoxicating malt
liquor at on-sale without an additional license if the licensee meets the following conditions:
a) The licensee also holds a wine license issued pursuant to Section 703.02, et seq.
of this Code.
b) The gross receipts of the licensee's operation are at least 70 percent attributable to
the sale of food. The licensee shall provide the City with copies of licensee's
financial records upon reasonable request for the purpose of establishing the
source of gross receipts.
c) The licensee maintains in effect the liability insurance required under Section
701.03, Subd. 3.
Subd. 6: A restaurant club, bowling alley, or hotel which holds an on-sale or special
events license may sell 3.2 percent malt liquor for consumption on the premises in conjunction
with the sale of food after the hour of 10:00 a.m. on Sundays. An establishment serving 3.2
percent malt liquor on Sundays must obtain a Sunday license. Any establishment requesting a
Sunday license must show that they are in conformance with the Minnesota Clean Air Act. A
license may be issued by the governing body of the municipality and a fee as established by
resolution of the City Council may be charged, but in no event shall said fee exceed the sum of
$5.00 for a special event license or $25.00 for the on-sale license unless otherwise prohibited by
State law.
Section 702.03: APPLICATIONS FOR LICENSE
Subd. 1: Every application for a license to sell beer shall be made on a form supplied by
the City and shall state the name of the applicant, his age, representations as to his character with
such references as may be required, his citizenship, whether the application is for "on-sale", "off-
sale", or "special event", the business in connection with which the proposed license will operate
and its location, whether applicant is owner and operator of the business, how long he has been
in that business at that place, and such other information as the Council may require from time to
time. It shall be unlawful to make any false statement in an application. Applications shall be
filed with the City Clerk/Administrator.
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Subd. 2: On an initial application for "3.2 percent malt liquor" license and on application
for transfer of an existing "3.2 percent malt liquor" license, the applicant shall pay with his
application an investigation fee of not to exceed Five Hundred Dollars ($500.00) and the city
shall conduct a preliminary background and financial investigation of the applicant. The
application is such case shall be made on a form prescribed by the state bureau of criminal
apprehension and with such additional information as the council may require. If the council
deems it in the public interest to have an investigation made on a particular application for
renewal of an "intoxicating liquor" license, it shall so determine. In any case, if the council
determines that a comprehensive background and financial investigation of the applicant is
necessary, it may conduct the investigation itself or contract with the bureau of criminal
investigation for the investigation. No license shall be issued, transferred, or renewed if the
results show to the satisfaction of the council that issuance would not be in the public interest. If
an investigation outside the state is required, the applicant shall be charged the cost not to exceed
Two Thousand Dollars ($2,000.00) and shall be paid by the applicant after deducting any initial
investigation fee already paid. The fee shall be payable by the applicant whether or not the
license is granted. The City Council may waive the investigation and investigation fee for
applicants which are organizations or entities that have been in existence and operation in the
City of St. Joseph for the five years preceding the application.
Section 702.04: LICENSE FEES.
Subd. 1: Each application for a license shall be accompanied by a receipt from the City
Treasurer for payment in full of the required fee for the license. All fees shall be paid into the
general fund of the City. Upon rejection of any application for a license, the Treasurer shall
refund the amount paid.
Subd. 2: All licenses shall expire on the last day of December in each year. Each license
shall be issued for a period of one year, except that if a portion of the license year has elapsed
when the application is made, a license may be issued for the remainder of the year for a pro rata
fee. In computing such fee, any unexpired fraction of a month shall be counted as one month.
Subd. 3: The annual fee shall be determined by the City Council from time to time.
Section 702.05: GRANTING OF LICENSE.
Subd. 1: The City Council shall investigate all facts set out in the application.
Opportunity shall be given to any person to be heard for or against the granting of the license.
After such investigation and hearing the City Council shall grant or refuse the application in its
discretion.
Subd. 2: Each license shall be issued to the applicant only and shall not be transferable to
another holder. Each license shall be issued only for the premises described in the application.
No license may be transferred to another place without the approval of the City Council.
Section 702.06: PERSONS AND PLACES INELIGIBLE FOR LICENSE. No license
shall be granted to any person who is ineligible for a license under the provisions of Minn. Stat.
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340. No license shall be issued for any place or any business ineligible for said license under
Minn. Stat. Ch. 340.
Section 702.07: CONDITIONS OF LICENSE.
Subd. 1: Every license shall be granted subject to the conditions in the following
subdivisions and all provisions of this ordinance and any other applicable ordinance of the City
of State law.
Subd. 2: Every licensee shall be responsible for the conduct of his place of business and
the conditions of sobriety and order in it.
Subd. 3: No sale of non intoxicating malt liquor shall be made to anyone on credit.
Subd. 4: No license shall sell beer while holding or exhibiting in the licensed premises a
Federal Retail Liquor Dealer's Special Tax Stamp unless he is licensed under the Laws of
Minnesota to sell intoxicating liquors.
Subd. 5: Any peace officer, health officer, or any properly designated officer or
employee of the City shall have the unqualified right to enter, inspect, and search the premises of
the licensee during business hours, and within one and one half hours after the close of business
hours, without a warrant.
Subd. 6: Liability Insurance. Prior to the issuance of an "on sale" or "off sale" non
intoxicating malt liquor license, the applicant must demonstrate proof of financial responsibility
with regard to liability imposed by Minn. Stat. §340A.409 with the Commissioner of Public
Safety and the City Clerk/Administrator of St. Joseph as a condition of the issuance or renewal
of his license.
This subdivision does not apply to holders of "on sale" or "off sale" non intoxicating malt
liquor licenses with sales of less than Ten Thousand Dollars ($10,000) of non intoxicating malt
liquor per year. To qualify for this exception the licensee must provide to the City
Clerk/Administrator a written and sworn affidavit that sales for the preceding year were less than
Ten Thousand Dollars ($10,000) per year for non intoxicating malt liquor. In addition, the
licensee must provide to the City Clerk/Administrator records which clearly show that sales for
the preceding year were less than Ten Thousand Dollars ($10,000) for non intoxicating malt
liquor. The City Clerk/Administrator may request any additional financial records to verify this
information.
Proof of compliance with Minn. Stat. §340A.409 may be given by filing:
a) A certificate that there is in effect an insurance policy or pool providing the
following minimum coverages:
1. Fifty Thousand Dollars ($50,000) because of bodily injury to any one
person in any one occurrence, and, subject to the limit for one person, in
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CHAPTER VII – LIQUOR, BEER & WINE
the amount of One Hundred Thousand Dollars ($100,000) because of
bodily injury to two or more persons in any one occurrence, and in the
amount of Ten Thousand Dollars ($10,000) because of injury to or
destruction of property of others in any one occurrence.
2. Fifty Thousand Dollars ($50,000) for loss of means of support of any one
person in any one occurrence, and, subject to the limit for one person, One
Hundred Thousand Dollars ($100,000) for loss of means of support of two
or more persons in any one occurrence; or
b) A bond of a surety company with minimum coverages as provided in clause a), or
c) A certificate of the State Treasurer that the licensee has deposited with him One
Hundred Thousand Dollars ($100,000) in cash or securities which may legally be
purchased by savings backs or for trust funds having a market value of One
Hundred Thousand Dollars ($100,000).
The liability insurance policy required by this subdivision shall provide that it may not be
cancelled for any cause, either by the insured or the insurance company without first
giving ten days notice to the City in writing of intention to cancel it, addressed to the City
Clerk/Administrator of the City of St. Joseph.
The operation of an "off sale" or "on sale" business without having on file at all times
with the City Clerk/Administrator the liability insurance policy herein referred to shall be
grounds for immediate revocation of the license. Lapse of insurance or other evidence of
financial responsibility will trigger an automatic revocation of the license. Notice of
cancellation of a current liquor liability insurance policy shall also serve as notice to the
license of the impending revocation and that unless evidence of compliance with the
financial responsibility requirement is presented to the City Clerk/Administrator before
the termination is effective, the license will be revoked instantly upon the lapse of
insurance or other financial responsibility.
Subd. 7: Nudity and Sexual Conduct Prohibited.
a) To employ or use any person in the sale or service of alcoholic beverages in or
upon the licensed premises while such person is unclothed or in such attire,
costume or clothing so as to expose or to view any portion of the female breast
below the top of the areola or of any portion of the pubic hair, anus, cleft of the
buttocks, vulva or genitals.
b) To employ or use services of any host or hostess while such host or hostess is
unclothed or in such attire, costume or clothing as described in Subd. 1. above.
c) To employ or use any dancers, musicians, or other performers or entertainers,
who are unclothed or in such attire, costume or clothing as described in Subd. 1.
above.
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CHAPTER VII – LIQUOR, BEER & WINE
d) To directly or indirectly sponsor any contests which may foreseeably cause, result
in or lead to the occurrence of the acts or incidents described in Subd. 6. below.
e) To encourage or permit any person on the licensed premises to touch, caress or
fondle breasts, buttocks, anus or genitals of any employee of the licensee or any
performers or entertainers who are employed or whose services are used by the
licensee.
f) To permit any person to perform acts of or acts which simulate:
1. With or upon another person sexual intercourse, sodomy, oral copulation,
flagellation or any sexual act which is prohibited by law.
2. Masturbation or bestiality.
3. With or upon another person the touching, caressing or fondling of the
buttocks, anus, genitals or female breasts.
4. The displaying of the pubic hair, anus, vulva, genitals or female breasts
below the top of the areola.
g) To permit any person to use artificial devices or inanimate objects to depict any of
the prohibited activities described above.
h) To permit any person to remain in or upon the licensed premises, or any area
owned or controlled by the licensee which is viewable from upon the licensed
premises, who exposes to public view any portion of his or her genitals or anus.
i) To permit the showing of film, still pictures, electronic reproduction, or other
visual reproduction depicting:
1. Acts or simulated acts of sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation, or any sexual act which is
prohibited by law.
2. Any person being touched, caressed or fondled on the breast, buttocks,
anus, or genitals.
3. Scenes wherein a person displays the vulva, the anus or the genitals.
4. Scenes wherein artificial devices or inanimate objects are employed to
depict, or drawings are employed to portray, any of the prohibited
activities described herein.
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CHAPTER VII – LIQUOR, BEER & WINE
j) A violation of any portion of this section shall be punishable as a misdemeanor.
Both the licensee and the person(s) actually engaging in any of the prohibited acts
shall be criminally liable. Any violation of this section shall also constitute
grounds for revocation or suspension of the licensee's license, in accordance with
the rules and procedures otherwise established by this ordinance and state law.
Section 702.08: CLOSING HOURS.
Subd. 1: No sale of 3.2 percent malt liquor shall be made be made between 1 a.m. and 8
a.m. on the days of Monday through Saturday, nor between 1 a.m. and noon on Sunday.
Subd. 2: No sale or delivery of non intoxicating malt liquor in a keg or any other
container having a capacity greater than one gallon shall be made at any time when the off sale
of intoxicating liquor shall be prohibited by State Law or Ordinance 701 of this Code.
Subd. 3: All persons, except the licensee, his bona fide employees, and law enforcing
officers, shall be excluded from the premises within 30 minutes after the expiration of the time of
any day when non intoxicating malt liquor may be legally sold therein. This provision shall not
apply to licensees operating bona fide restaurants under license by the State of Minnesota.
It shall be unlawful to permit the consumption or displaying of non intoxicating malt
liquors later than 30 minutes after sales must terminate. It shall be conclusively presumed that
any non intoxicating malt liquor remaining on a bar, in a booth, or on a table more than 30
minutes after closing time shall be for the purpose of consuming the same in violation of this
Section.
Section 702.09: PUBLIC CHARACTER OF INTOXICATING MALT LIQUOR
SALES. The windows in the front of any place licensed for "on sales" shall be of clear glass and
the view of the whole interior shall be unobstructed by screens, curtains, or partitions. There
shall be no partitions, box, stall, screen, curtain or other devise which shall obstruct a view from
any part of the room from the general observation of persons in the room, except that partitions,
subdivision, or panel not higher than 60 inches, from the floor may be maintained. Any licensed
premises must have at least one window of not less than one and one half foot by two feet in
front placed at eye level height of an average sized person. No place licensed for "on sale" shall
be equipped with swinging doors.
Section 702.10: RESTRICTIONS ON PURCHASES AND CONSUMPTION.
Subd. 1: No minor shall misrepresent his age for the purpose of obtaining non
intoxicating malt liquor; nor shall he enter any premises licensed under this Ordinance in order to
procure such beverages, or to consume or purchase or attempt to purchase or procure or to have
another purchase or procure for him, such beverages on licensed premises.
Subd. 2: No person shall induce a minor to purchase or procure non intoxicating malt
liquor.
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CHAPTER VII – LIQUOR, BEER & WINE
Subd. 3: No person, other than the parent or legal guardian of a minor shall give to,
procure, or purchase any non intoxicating malt liquor for any minor or any other person to whom
the sale of non intoxicating malt liquor is forbidden by law.
Subd. 4: No minor shall have non intoxicating malt liquor in his possession with intent to
consume it, except that possession in the abode of the parent or guardian for consumption in the
household of the parents or legal guardian of the minor shall not be prohibited.
Subd. 5: No person shall consume or display any intoxicating liquor on the premises of
any licensee who is not also licensed to sell intoxicating liquors.
Subd. 6: Restrictions regarding the public consumption, display and sale of liquor, as
provided in Ordinance 701, Section 11, Subd. 2, of the St. Joseph Code of Ordinances shall
apply in the same manner to non intoxicating malt liquor, and the penalties provided for a
violation of Ordinance 701.11.2 shall be fully applicable for a violation relating to non
intoxicating malt liquor.
Subd. 7: No person shall refuse to show proper identification to the bartender or police
officer when requested to do so. Refusal to do so shall be a violation of this Ordinance if the
person is then in an establishment licensed to sell non intoxicating malt liquor.
Subd. 8: No person under the age of 21 years shall consume any 3.2 percent malt liquor,
unless the 3.2 percent malt liquor is consumed in the household of said persons parent or
guardian and with the consent of the parent or guardian.
Section 702.11: DANCING. No dancing shall be permitted from 1:00 a.m. until noon of
any day in premises licensed to sell non intoxicating malt liquor.
Section 702.12: REVOCATION. The violation of any ordinance or condition of this
ordinance by a non intoxicating malt liquor license or his agent, shall be grounds for revocation
or suspension of the license or assessment of a civil monetary penalty not to exceed One
Thousand Dollars ($1,000). It shall not be necessary that the violations be proven in a Court of
Law. The Council may revoke the license even if a conviction is not obtained in a Court of Law.
The license of any person who holds a Federal Retail Liquor Dealer's Special tax stamp without
a license to sell intoxicating liquors at such places shall be revoked without notice and without
hearing. In all other cases, the license granted under this ordinance may be revoked or
suspended by the Council after written notice to the licensee and a public hearing. The notice
shall give at least ten day's notice of the time and place of the hearing and shall state the nature of
the charges against the licensee.
Section 702.13: PENALTY. Any person violating any provision of this ordinance
including the provisions of Minn. Stat. Ch. 340A, which have been adopted by reference, shall
be guilty of a misdemeanor unless a lesser penalty is specifically provided herein.
Updated 2/24/98 Section 702.2, Subd. 5
Updated 7/2003 Section 702.08, Subd. 1
702-8
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Updated 7/2003 Ordinance 702
Updated 9/03 702.10, Subd. 8
702-9
CHAPTER VII – LIQUOR, BEER & WINE
ORDINANCE 703 LICENSING AND REGULATION OF THE SALE AND CONSUMPTION
OF WINE ............................................................................................................ 703-1
Section 703.01: PROVISIONS OF STATE LAW ADOPTED .................................... 703-1
Section 703.02: WINE LICENSES ............................................................................. 703-1
Section 703.03: APPLICATION FOR LICENSE ....................................................... 703-1
Section 703.04: LICENSE FEES ................................................................................ 703-3
Section 703.05: GRANTING LICENSES ................................................................... 703-3
Section 703.06: PERSONS INELIGIBLE FOR LICENSE ......................................... 703-4
Section 703.07: PLACES INELIGIBLE FOR LICENSE ............................................ 703-4
Section 703.08: CONDITIONS OF LICENSE............................................................ 703-4
Section 703.09: SUSPENSION AND REVOCATION ............................................... 703-6
Section 703.10: PUBLIC CONSUMPTION ............................................................... 703-6
Section 703.11: PENALTY ........................................................................................ 703-6
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CHAPTER VII – LIQUOR, BEER & WINE
ORDINANCE 703 LICENSING AND REGULATION OF THE SALE AND
CONSUMPTION OF WINE
Section 703.01: PROVISIONS OF STATE LAW ADOPTED. The provisions of Minn.
Stat. Ch. 340A, relating to the definition of terms, licensing, consumption, sales, conditions of
bonds of licensees, hours of sale, and all other matters pertaining to the retail sale, distribution,
and consumption of intoxicating liquor insofar as they are applicable to wine licenses authorizing
the sale of wine not exceeding 14 percent alcohol by volume for consumption on the licensed
premises only, in conjunction with the sale of food, are adopted and made a part of this
ordinance as if set out in full, except as herein altered or modified under the authority provided to
municipalities in Minn. Stat. 340A.509.
§
Section 703.02: WINE LICENSES. No person, except a wholesaler or manufacturer to
the extent authorized under state license, and licensee authorized under the intoxicating liquor
ordinance of the City of St. Joseph, including bona fide clubs, shall directly or indirectly deal in,
sell, or keep for sale in the City any wine not exceeding fifteen percent (15%) alcohol by volume
without an on sale wine license. An on sale wine license authorizes the sale of wine not
exceeding fifteen percent (15%) alcohol by volume, for consumption on the licensed premises
only, in conjunction with the sale of food. An on sale wine license may be issued only to a
restaurant having facilities for seating not fewer than 25 guests at one time. For the purpose of
this ordinance, a restaurant means an establishment under the control of a single proprietor or
manager, having appropriate facilities for serving meals, and where, in consideration of payment
therefor, meals are regularly served at tables to the general public, and which employees an
adequate staff to provide the usual and suitable service to its guests.
Section 703.03: APPLICATION FOR LICENSE.
Subd. 1: Form. Every application for on sale wine license shall state the name of the
applicant, his/her age, representations as to his/her character, with such references as the council
may require, his/her citizenship, the restaurant in connection with which the proposed license
will operate and its location, whether the applicant is owner and operator of the restaurant, how
long he/she has been in the restaurant business at that place, and such other information as the
council may require from time to time. In addition to containing such information, the
application shall be in the form prescribed by the liquor control director and shall be verified and
filed with the City Clerk/Administrator. No person shall make a false statement in an
application.
Subd. 2: Bond. (Repealed in 1991)
Subd. 3: Liability Insurance. Prior to the issuance of a wine license, the applicant must
demonstrate proof of financial responsibility with regard to liability imposed by Minn. Stat.
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§340A.409 with the Commissioner of Public Safety and the City Clerk/Administrator of St.
Joseph as a condition of the issuance or renewal of his/her license.
This subdivision does not apply to holders of "on sale" wine licenses under Minn. Stat.
§340.11, Subd. 20, with sales of less than Ten Thousand Dollars ($10,000) of wine per year. To
qualify for this exception the licensee must provide to the City Clerk/Administrator a written and
sworn affidavit that sales for the preceding year were less than Ten Thousand Dollars ($10,000)
for wine and that sales for the current year will be less than Ten Thousand Dollars ($10,000) per
year for wine. In addition, the licensee must provide to the City Clerk/Administrator records
which clearly show that sales for the preceding year were less than Ten Thousand Dollars
($10,000) for wine. The City Clerk/Administrator may request any additional financial records
to verify this information.
Proof of compliance with §340A.409 may be given by filing:
a) A certificate that there is in effect an insurance policy or pool providing the
following minimum coverages:
1. Fifty Thousand Dollars ($50,000) because of bodily injury to any one
person in any one occurrence, and, subject to the limit for one person, in
the amount of One Hundred Thousand Dollars ($100,000) because of
bodily injury to two or more persons in any one occurrence, and because
of injury to or destruction of property of others in any one occurrence.
2. Fifty Thousand Dollars ($50,000) for loss of means of support of any one
person in any one occurrence, and, subject to the limit for one person, One
Hundred Thousand Dollars ($100,000) for loss of means of support of two
or more persons in any one occurrence; or
b) A bond of a surety company with minimum coverages as provided in clause a), or
c) A certificate of the State Treasurer that the licensee has deposited with him One
Hundred Thousand Dollars ($100,000) in cash or securities which may legally be
purchased by savings banks or for trust funds having a market value of One
Hundred Thousand Dollars ($100,000).
The liability insurance policy required by this subdivision shall provide that it may not be
cancelled for any cause, either by the insured or the insurance company without first
giving ten days notice to the City in writing of intention to cancel it, addressed to the City
Clerk/Administrator of the City of St. Joseph.
The operation of an "off sale" or "on sale" business without having on file at all times
with the City Clerk/Administrator the liability insurance policy herein referred to shall be
grounds for immediate revocation of the license. Lapse of insurance or other evidence of
financial responsibility will trigger an automatic revocation of the license. Notice of
cancellation of a current liquor liability insurance policy shall also serve as notice to the
703-2
CHAPTER VII – LIQUOR, BEER & WINE
licensee of the impending revocation and that unless evidence of compliance with the
financial responsibility requirement is presented to the City Clerk/Administrator before
the termination is effective, the license will be revoked instantly upon the lapse of
insurance of other financial responsibility.
Subd. 4: Approval of Security. The security offered under Subdivision 3 shall be
approved by the City Council and the state liquor control director. Surety bonds and liability
insurance policies shall be approved as to form by the City Attorney. Operation of a licensed
business without having on file with the City at all times effective security as required in
Subdivision 3 is a cause for revocation of the license.
Section 703.04: LICENSE FEES.
Subd. 1: Amount. The annual fee for a wine license will be established by the City
Council from year to year.
Subd. 2: Payment. Each application for a wine license shall be accompanied by a receipt
from the City Treasurer for payment in full of the license fee. All fees shall be paid into the
general fund. If an application for a license is rejected, the treasurer shall refund the amount
paid.
Subd. 3: Term. Each license shall be issued for a period of one year except that if the
application is made during the license year, a license may be issued for the remainder of the year
for a pro rata fee, with any unexpired fraction of a month being counted as a full month. Every
license shall expire on the last day of June of each year.
Subd. 4: Refunds. No refund of any fee shall be made except as authorized by statute.
Section 703.05: GRANTING LICENSES.
Subd. 1: Investigation and Issuance. The City Council shall investigate all facts set out
in the application. Opportunity shall be given to any person to be heard for or against the
granting of the license. After the investigation and hearing, the council shall, in its discretion,
grant or refuse the application. No wine license shall become effective until it, together with the
security furnished by the applicant, has been approved by the state liquor control director.
Subd. 2: Person and Premises Licensed: Transfer. Each license shall be issued only to
the applicant and for the premises described in the application. No license may be transferred to
another person or place without City Council approval. Any transfer of stock of a corporate
licensee is deemed a transfer of the license and a transfer of stock without prior council approval
is a ground for revocation of the license.
703-3
CHAPTER VII – LIQUOR, BEER & WINE
Section 703.06: PERSONS INELIGIBLE FOR LICENSE. No wine license shall be
granted to any person made ineligible for such a license by state law. Section 703.07: PLACES
INELIGIBLE FOR LICENSE.
Subd. 1: General Prohibition. No wine license shall be issued for any restaurant
ineligible for such a license under state law.
Subd. 2: Time in Business. No license shall be issued to any restaurant until it has been
in operation continuously for at least 2 years.
Subd. 3: Delinquent Taxes and Charges. No license shall be granted for operation on
any premises on which taxes, assessment, or other financial claims of the City are delinquent and
unpaid.
Section 703.08: CONDITIONS OF LICENSE.
Subd. 1: In General. Every license is subject to the conditions of the following
subdivisions and all other provisions of this ordinance and of any other applicable ordinance,
state law or regulation.
Subd. 2: Licensee's Responsibility. Every licensee is responsible for the conduct of
his/her place of business and the conditions of sobriety and order in it. The act of any employee
on the licensed premises authorized to sell wine "on sale" there is deemed the act of the licensee
as well, and the licensee shall be liable to all penalties provided by this ordinance and the law
equally with the employee.
Subd. 3: Inspections. Every licensee shall allow any peace officers, health officer, or
properly designated officer or employee of the City to enter, inspect, and search the premises of
the licensee during business hours and for one and one half (1 1/2) hours after closing time as
prescribed by law, without a warrant.
Subd. 4: Display during Prohibited Hours. No licensee shall display wine to the public
during hours when the sale of wine is prohibited.
Subd. 5: Federal Stamps. No licensee shall possess a federal wholesale liquor dealers
special tax stamp or a federal gambling stamp.
Subd. 6: Hours of Operation. No sale of wine shall be made at any time when the sale of
intoxicating liquor shall be prohibited by state law or any ordinance by the City of St. Joseph. It
shall be unlawful to permit the consumption or displaying of wines later than 30 minutes after
sales must terminate. It shall be conclusively presumed that any wine remaining on a table or in
a booth shall be for the purpose of consuming the same in violation of this section.
If the licensee is operating any other lawful business in the building for which the license
is granted, no wine shall be served or permitted to be consumed on the premises when such other
business is conducted during the time when the sale of wine is prohibited as aforesaid.
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CHAPTER VII – LIQUOR, BEER & WINE
Subd. 7: Nudity and Sexual Conduct Prohibited.
a) To employ or use any person in the sale or service of alcoholic beverages in or
upon the licensed premises while such person is unclothed or in such attire,
costume or clothing so as to expose or to view any portion of the female breast
below the top of the areola or of any portion of the pubic hair, anus, cleft of the
buttocks, vulva or genitals.
b) To employ or use services of any host or hostess while such host or hostess is
unclothed or in such attire, costume or clothing as described in Subd. 1. above.
c) To employ or use any dancers, musicians, or other performers or entertainers,
who are unclothed or in such attire, costume or clothing as described in Subd. 1.
above.
d) To directly or indirectly sponsor any contests which may foreseeably cause, result
in or lead to the occurrence of the acts or incidents described in this Subd. 7.
below.
e) To encourage or permit any person on the licensed premises to touch, caress or
fondle breasts, buttocks, anus or genitals of any employee of the licensee or any
performers or entertainers who are employed or whose services are used by the
licensee.
f) To permit any person to perform acts of or acts which simulate:
1. With or upon another person sexual intercourse, sodomy, oral copulation,
flagellation or any sexual act which is prohibited by law.
2. Masturbation or bestiality.
3. With or upon another person the touching, caressing or fondling of the
buttocks, anus, genitals or female breasts.
4. The displaying of the pubic hair, anus, vulva, genitals or female breasts
below the top of the areola.
g) To permit any person to use artificial devices or inanimate objects to depict any of
the prohibited activities described above.
h) To permit any person to remain in or upon the licensed premises, or any area
owned or controlled by the licensee which is viewable from upon the licensed
premises, who exposes to public view any portion of his/her genitals or anus.
703-5
CHAPTER VII – LIQUOR, BEER & WINE
i) To permit the showing of film, still pictures, electronic reproduction, or other
visual reproduction depicting:
1. Acts or simulated acts of sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation, or any sexual act which is
prohibited by law.
2. Any person being touched, caressed or fondled on the breast, buttocks,
anus, or genitals.
3. Scenes wherein a person displays the vulva, the anus or the genitals.
4. Scenes wherein artificial devices or inanimate objects are employed to
depict, or drawings are employed to portray, any of the prohibited
activities described herein.
j) A violation of any portion of this section shall be punishable as a misdemeanor.
Both the licensee and the person(s) actually engaging in any of the prohibited acts
shall be criminally liable. Any violation of this section shall also constitute
grounds for revocation or suspension of the licensee's license, in accordance with
the rules and procedures otherwise established by this ordinance and state law.
Section 703.09: SUSPENSION AND REVOCATION. The Council may either revoke
or suspend for not to exceed 60 days, any on sale wine license , or assess a monetary penalty not
to exceed One Thousand Dollars ($1,000) upon a finding that the licensee has failed to comply
with any applicable statute, regulation or ordinance relating to intoxicating liquor or wine. No
suspension or revocation shall take effect until the licensee has been afforded an opportunity for
a hearing pursuant to Minn. Stat. § 14.57 to 14.69 of the Administrative Procedure Act.
However, this section does not require the City to conduct a hearing before an employee of the
Office of Administration Hearings.
Section 703.10: PUBLIC CONSUMPTION. Restrictions regarding the public
consumption, display and sale of liquor, as provided in Ordinance 701.11, Subdivision 2, of the
St. Joseph Code of Ordinances shall apply in the same manner to wines, and the penalties
provided for a violation of Ordinance 701.11 Subd. 2, shall be fully applicable for a violation
relating to wine.
Section 703.11: PENALTY. Any person violating any provision of this ordinance is
guilty of a misdemeanor unless a lesser penalty is specifically provided herein.
703-6
CHAPTER VII—LIQUOR, BEER & WINE
ORDINANCE 704 AN ORDINANCE LIMITING POSSESSION OF CERTAIN
CONTAINERS OF 3.2 PERCENT OR INTOXICATING MALT LIQUOR (KEGS) AND
REQUIREMENT FOR LICENSE....................................................................................... 704-1
Section 704.01: DEFINITION................................................................................ 704-1
Section 704.02: PERMIT REQUIRED....................................................................... 704-1
Section 704.03: LIMITATIONS................................................................................. 704-2
Section 704.04: DUTY OF LICENSE LIQUOR ESTABLISHMENT ........................ 704-2
Section 704.05: EXCEPTIONS .................................................................................. 704-2
Section 704.06: PENALTIES ..................................................................................... 704-2
704-0
CHAPTER VII—LIQUOR, BEER & WINE
ORDINANCE 704 AN ORDINANCE LIMITING POSSESSION OF CERTAIN
CONTAINERS OF 3.2 PERCENT OR INTOXICATING MALT LIQUOR (KEGS) AND
REQUIREMENT FOR LICENSE
Section 704.01: DEFINITIONS. For the purpose of this section the following
definitions shall apply:
Subd. 1: Intoxicating Liquor. Ethyl alcohol, distilled, fermented, spirituous, vinous, and
malt beverages containing more than 3.2 percent of alcohol by weight.
Subd. 2: KeSs. Containers designed for and capable of holding intoxicating or 3.2
percent malt liquor to be dispensed from a tapper.
Subd. 3: 3.2 Percent Malt Liquor. Malt liquor containing not less than one half of one
percent alcohol by volume nor more than 3.2 percent of alcohol by weight.
Section 704.02: PERMIT REQUIRED. Any individual of lawful age under the laws of
the State of Minnesota may possess a keg in a residentially zoned area within the City of St.
Joseph after first having obtained a permit and permit sticker from the City Offices.
Subd. 1: Application for Permit and Permit Sticker. Any person desiring to obtain a
permit to possess a keg will fill out an application at the City Offices setting forth the applicant's
full name, address and telephone number and the address within St. Joseph where the applicant
will be possessing the keg. In addition, the applicant will be required to provide proof of identify
and age in form of a valid Minnesota driver's license or identification card, or valid driver's
license from another jurisdiction. Falsifying any information requested on the permit will
constitute violation of this ordinance.
Subd. 2: Issuance of Permit and Sticker: At the time of issuance of the permit, a permit
sticker will be issued to the applicant. The permit sticker will be immediately and firmly affixed
by the applicant to the keg utilizing the adhesive on the sticker and placing the sticker in a clearly
visible location upon the purchase of a keg.
Subd. 3: Permit Fee. The permit fee for each keg will be as set forth in Appendix A of
the St. Joseph Code of Ordinances, as amended by the Council periodically.
Subd. 4: Return of Permit. Prior to the issuance of any subsequent keg permit and
permit sticker, the preceding permit issued and remains of the permit sticker must be returned to
the City Offices or in alternative a minimum of 30 days will have elapsed since the date of
issuance of the previous permit.
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CHAPTER VII—LIQUOR, BEER & WINE
Subd. 5: Persons Ineligible for Permit. No person will be issued a keg permit if that
person has been convicted of this Ordinance or Section 1050:00 a violation of Minnesota
Statutes Section 340A which occurred within the previous 365 days.
Subd. 6: Prohibitions. It will be unlawful for any person to possess a keg within the City
of St. Joseph without having first obtained a permit and permit sticker as set forth herein. A
permittee will have the permit present at the location where the keg is possessed at all times, and
will exhibit the permit upon the request of any licensed peace officer.
Section 704.03: LIMITATIONS. All permits authorized under the preceding section
will be subject to the following limitations:
Subd. 1: POSSESSION OF KEGS BY INDIVIDUAL. No more than one keg capable of
containing up to sixteen (16) Gallons of intoxicating or 3.2 percent malt liquor may be possessed
by any person within the City of St. Joseph.
Subd. 2: LOCATION OF KEGS ON PROPERTY UNIT. No more than one keg capable
of containing up to sixteen (16) gallons of intoxicating or 3.2 percent malt liquor may be located
on a single property unit within the City of St. Joseph. For purposes of this section, a single
property unit shall be defined as a contiguous parcel of real property with common ownership,
except in the case of real property which is leased to multiple individuals or entities, in which
case each area rented by separate written or oral lease shall be considered a single property unit.
Subd. 3: CONTROLLER OF PROPERTY LIABLE. For purposes of Section 704.03
herein, the person in control of the property unit shall be held responsible for a violation. For
purposes of this section, ownership of property is prima facia evidence of control; except in the
care of rental property, in which case tenant's leasehold interest shall be prima facia evidence of
control.
Section 704.04: DUTY OF LICENSED LIQUOR ESTABLISHMENT. Each liquor
establishment located in the City of St. Joseph and offering for sale kegs containing 3.2 percent
or intoxicating malt liquor for consumption off premises, shall, as a condition of said license,
post in a conspicuous location within five (5) feet of the check out location in the establishment,
a notice provided by the St. Joseph Police Department regarding the provisions of this ordinance.
Section 704.05: EXCEPTIONS. Any person or premises licensed to sell intoxicating or
3.2 percent malt liquor under any provision of state law or local ordinance may possess kegs and
are specifically exempted from the provisions of this ordinance.
Section 704.06: PENALTIES. A violation of a provision of this Ordinance shall be
punishable as a misdemeanor.
Updated 7/2003 Ordinance 704
Uenient
704-2
CHAPTER VII—LIQUOR, BEER, WINE
ORDINANCE 705 SOCIAL HOST................................................................................... 705-1
Section 705.01: PURPOSE AND POLICY............................................................. 705-2
Section 705.02: DEFINITIONS.................................................................................. 705-2
Section 705.03: PROHIBITED ACTS........................................................................ 705-3
Section 705.04: EXCEPTIONS .................................................................................. 705-4
Section 705.05: ENFORCEMENTS ........................................................................... 705-4
Section 705.06: SEVERABILITY.............................................................................. 705-4
Section 705.07: PENALTIES ..................................................................................... 705-4
Section 705.08: EFFECTIVE DATES........................................................................ 705-4
705-1
CHAPTER VII—LIQUOR, BEER, WINE
ORDINANCE 705 Social Host
Section 705.01: Purpose and Policy. The St. Joseph City Council intends to discourage
underage possession and consumption of alcohol, even if done within the confines of a private
residence, and intends to hold persons criminally responsible who host events or gatherings
where persons under 21 years of age possess or consume alcohol regardless of whether the
person hosting the event or gathering supplied the alcohol. The St. Joseph City Council finds
that:
(a) Events and gatherings held on private or public property where alcohol is
possessed or consumed by persons under the age of twenty-one are harmful to those
persons and constitute a potential threat to public health requiring prevention or
abatement.
(b) Prohibiting underage consumption acts to protect underage persons, as well as the
general public, from injuries related to alcohol consumption, such as alcohol overdose or
alcohol-related traffic collisions.
(c) Alcohol is an addictive drug which, if used irresponsibly, could have drastic
effects on those who use it as well as those who are affected by the actions of the
irresponsible user.
(d) Often, events or gatherings involving underage possession and consumption occur
outside the presence of parents. However, there are times when the parent(s) is/are
present and condone the activity and in some circumstances provided the alcohol.
(e) Even though giving or furnishing alcohol to an underage person is a crime, it is
difficult to prove, and an ordinance is necessary to help further combat underage
consumption.
(0 A deterrent effect will be created by holding a person criminally responsible for
hosting an event or gathering where underage possession or consumption occurs.
Section 705.02: Definitions. For purposes of this ordinance, the following terms
have the following meanings:
(a) Alcohol. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits
of wine, whiskey, rum, brandy, gin or any other distilled spirits including dilutions
and mixtures thereof from whatever source or by whatever process produced.
(b) Alcoholic beverage. "Alcoholic beverage" means alcohol, spirits, liquor,
wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and
which contains one-half of one percent or more of alcohol by volume and which is fit
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CHAPTER VII—LIQUOR, BEER, WINE
for beverage purposes either alone or when diluted, mixed or combined with other
substances.
(c) Event or gathering. "Event or gathering" means any group of three or more
persons who have assembled or gathered together for a social occasion or other activity.
(d) Host. "Host"means to aid, conduct, allow, entertain, organize, supervise, control
or permit a gathering or event.
(e) Parent. "Parent" means any person having legal custody of a juvenile:
1. As natural, adoptive parent, or step-parent;
2. As a legal guardian; or
3. As a person to whom legal custody has been given by order of the court.
(� Person. "Person" means any individual, partnership, co-partnership, corporation,
or any association of one or more individuals.
(g) Residence or Premises. "Residence" or "premises" means any home, yard, farm,
field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a
hall or meeting room, park, or any other place of assembly, public or private, where
occupied on a temporary or permanent basis, whether occupied as a dwelling or
specifically for a party or other social function, and whether owned, leased, rented or
used with or without permission or compensation.
(h) Underage Person. "Underage person" is any individual under twenty-one (21)
years of age.
Section 705.03. Prohibited Acts.
(a) It is unlawful for any person(s) to:
1. host or allow an event or gathering;
2. at any residence, premises or on any other private or public property;
3. where alcohol or alcoholic beverages are present;
4. when the person knows or reasonably should know that an underage
person will or does;
(i) consume any alcohol or alcoholic beverage; or
(ii) possess any alcohol or alcoholic beverage with the intent to
consume it; and
5. the person fails to take reasonable steps to prevent possession or
consumption by the underage person(s).
(b) A person is criminally responsible under paragraph (a) above if the person
intentionally aids, advises, hires, counsels or conspires with or otherwise procures
another to commit the prohibited act.
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(c) A person who hosts an event or gathering does not have to be present at the event
or gathering to be criminally responsible.
Section 705.04: Exceptions
(a) This ordinance does not apply to conduct solely between an underage person
and his or her parents while in the parent's presence and under the parent's guidance
and supervision.
(b) This ordinance does not apply to legally protected religious observances.
(c) This ordinance does not apply to retail intoxicating liquor or 3.2 percent malt
liquor licensees, municipal liquor stores or bottle club permit holders who are regulated
by Minn. Stat. § 340A.503, Subd. 1 (a)(1).
(d) This ordinance does not apply to situations where underage persons are lawfully
in possession of alcohol or alcoholic beverages during the course and scope of
employment.
Section 705.05: Enforcement. This ordinance can be enforced by any licensed law
enforcement office.
Section 705.06: Severability. If any section, subsection, sentence, clause, phrase, word or
other portion of this ordinance is, for any reason, held to be unconstitutional or invalid, in whole,
or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and
such unconstitutionality or invalidity shall not affect the validity of the remaining portions of
this law, which remaining portions shall continue in full force and effect.
Section 705.07: Penalty. Violation of this section is a misdemeanor.
Section 705.08: Effective Dates. This ordinance shall take effect thirty(30) days
following its final passage and adoption.
History: Ord.705.00 New 01-17-13
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CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
ORDINANCE 801 REGULATION OF THE USE OF HIGHWAYS ................................. 801-1
Section 801.01: INCORPORATION OF MINNESOTA STATUTES ......................... 801-1
Section 801.02: THROUGH STREET ........................................................................ 801-1
Section 801.03: U-TURNS ......................................................................................... 801-1
Section 801.04: PENALTIES ..................................................................................... 801-1
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CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
ORDINANCE 801 REGULATION OF THE USE OF HIGHWAYS
Section 801.01: INCORPORATION OF MINNESOTA STATUTES. The regulatory
provisions of Minn. Stat. Ch. 169, are hereby adopted as a traffic ordinance regulating the use of
highways, streets and alleys within the City of St. Joseph and are hereby deemed incorporated
and made a part of this ordinance as completely as if set out here in force, except as hereinafter
modified.
Section 801.02: THROUGH STREET. Every driver of vehicles shall bring his vehicle
to a full stop before entering any through street or stop intersection properly designated and
posted as such. The City Council, by appropriate resolution, may designate any street or streets
as through streets and direct the posting accordingly.
Section 801.03: U-TURNS. No person driving a motor vehicle of any type upon the
streets of the City of St. Joseph shall turn such vehicle completely about while upon a street so as
to head in the opposite direction from that in which it was formerly directed, except at the
intersection of two streets which are not designated as "No U turn" intersections by proper signs.
"U turns" may be made only at those intersections which are not marked as "No U Turn"
intersections.
Section 801.04: PENALTIES. Any person violating any of the provisions of this
ordinance shall be guilty of a petty misdemeanor.
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ORDINANCE 802 INTERFERENCE WITH THE OBSTRUCTION OF RIGHT OF
WAYS ............................................................................................................ 802-1
Section 802.01 ............................................................................................................. 802-1
Section 802.02 ............................................................................................................. 802-1
Section 802.03 ............................................................................................................. 802-1
Section 802.04 ............................................................................................................. 802-1
Section 802.05 ............................................................................................................. 802-1
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CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
ORDINANCE 802 INTERFERENCE WITH THE OBSTRUCTION OF RIGHT OF WAYS
Section 802.01: No person, whether alone or with other persons, shall interfere with,
obstruct, or render dangerous for any passage any public street, public highway, public sidewalk
or public right of way.
Section 802.02: No person, whether alone or with other persons, shall interfere or
obstruct passage to any property or business facing or fronting on any public street, public
highway or public sideway or public right of way so as to prevent free and uninterrupted ingress
and egress thereto or render such passage dangerous.
Section 802.03: When any person, whether alone or with other persons, interferes with,
obstructs, or renders dangerous for passage any public street, public highway, public sidewalk or
public right of way, the police officer or law enforcement officer shall order that person or
persons to move on or disperse. Any person who refuses to move on or disperse once so directed
by a police officer or law enforcement officer shall be guilty of a violation of this ordinance.
Section 802.04: Any person violating this ordinance shall be guilty of a misdemeanor.
Section 802.05: Every section, provision, or part of this ordinance is declared separate
from every other section, provision, or part; and if any section, provision, or part shall be held
valid, it shall not effect any other section, provision, or part.
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CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
ORDINANCE 804 GENERAL PARKING ORDINANCE................................................. 804-1
Section 804.01: INTENT ............................................................................................ 804-1
Section 804.02: DEFINITIONS .................................................................................. 804-1
Section 804.03: ANGLE AND PARALLEL PARKING ............................................. 804-1
Section 804.04: GENERAL PARKING REGULATIONS 804-1
Section 804.05: SPECIAL REGULATIONS IN CONGESTED DISTRICT ............... 804-2
Section 804.06: SNOW SEASON PARKING ............................................................ 804-3
Section 804.07: PARKING OF SEMI TRAILERS, TRAILERS, TRUCKS AND TRUCK
TRACTORS ........................................................................................ 804-3
Section 804.08: PARKING, LOCATION AND USE OF TRAILER HOUSES AND
MOBILE HOMES............................................................................... 804-4
Section 804.09: PUBLIC PARK PARKING ............................................................... 804-4
Section 804.10: IMPOUNDMENT ............................................................................. 804-5
Section 804.11: OWNER'S RESPONSIBILITY ......................................................... 804-6
Section 804.12: REGISTERED OWNER ................................................................... 804-6
Section 804.13: SEPARABILITY .............................................................................. 804-6
Section 804.14: PENALTY ........................................................................................ 804-6
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CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
ORDINANCE 804 GENERAL PARKING ORDINANCE
Section 804.01: INTENT. The intent of this ordinance is to establish standards for
parking in the City of St. Joseph in order to ensure that the community remains neat and
attractive and that the value of real estate in the City be preserved. The regulations provided
herein shall apply equally to all districts except where provided otherwise.
Section 804.02: DEFINITIONS. Any term used in this Ordinance and defined in Minn.
Stat. 169.11 has the meaning given to it by that Section. Otherwise, all words and phrases used in
this Ordinance shall be defined in accordance with their common usage and meaning.
Section 804.03: ANGLE AND PARALLEL PARKING. Angle parking shall be required
on such streets as shall be designated by appropriate resolution of the City Council. On any such
street, every vehicle parked shall park with the front of the vehicle facing the curb or edge of the
traveled portion of the street at an angle of approximately 45 degrees and shall face the curb
between the painted or other markings on the curb of the street indicating the parking space. All
such streets shall be marked by appropriate signs indicating that angle parking is required. On
all other streets, parallel parking shall be required according to state law heretofore adopted by
reference.
Section 804.04: GENERAL PARKING REGULATIONS.
Subd. 1: Except when necessary to avoid conflict with other traffic or in compliance with
the directions of a police officer or a traffic control devise, no person shall stop, stand, or park
any vehicle, or permit it to stand or remain, whether attended or unattended, in any of the
following places:
a) On any curb, crosswalk, or sidewalk;
b) Along any curb marked with yellow pain;
c) Within any intersection;
d) Within ten (10) feet of a fire hydrant;
e) Within twenty (20) feet of the entrance to a fire station;
f) Within any restricted parking zone designated by the City Council
g) Double parked;
h) Blocking a public or driveway or alleyway;
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CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
i) Blocking a private driveway or alleyway without the express or clearly implied
consent of the owner of the private driveway or private roadway
j) In excess of a designated time limit or contrary to a posted parking prohibition;
k) A street, boulevard, or alley facing in the opposite direction of the traffic flow;
l) Within (20) feet of a crosswalk at an intersection;
m) Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or
traffic control signal located at the side of a roadway;
n) At any place where signs prohibit stopping;
o) No vehicle shall stand, stop, or otherwise park on the travel portion of any
roadway;
p) No vehicle shall stand, stop, or otherwise park on any public street, avenue, or
alleyway in one location more than 72 consecutive hours;
q) No vehicle shall stand, stop, or otherwise be parked on any public street or
roadway unless it is licensed;
r) No vehicle shall be parked in an area that is not designated a street or alley.
Specifically, no vehicle shall be parked on grass or other landscape material
located off of a street or alley
Subd. 2: No person shall park a vehicle on any street for the purpose of displaying it for
sale.
Subd. 3: No person shall, for purposes of camping or related activities, leave or park a
trailer on any street or right-of-way.
Subd. 4: Any vehicle so parked or left standing in violation of the provisions of this
Ordinance may be removed by the City with the expense of such removal and any ensuing
expenses to be paid by the vehicle’s owner.
Section 804.05: SPECIAL REGULATIONS IN CONGESTED DISTRICT.
Subd. 1: It is hereby established that the district known as a congested district within
which the rules set forth in this section shall be enforced. The congested district shall include the
following streets: All of Minnesota Street, all of Ash Street between Second Avenue West and
Second Avenue East, all of College Avenue lying southerly of County Road 75, all of First
Avenue East lying southerly of County Road 75, all of First Avenue West lying southerly of
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CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
County Road 75, all of Second Avenue West, all of Third Avenue West, and all of the alleys in
the Original Townsite of the City of St. Joseph.
Subd. 2: The City Council by resolution may establish "no truck parking" zones in the
congested district and shall mark by appropriate signs any zones so established. No person shall
park a commercial vehicle of more than one ton capacity on any street in any "no parking zone".
Parking of such vehicles for a period of not more than 30 minutes may be permitted in such zone
by the Chief of Police for the purpose of having access to abutting property when such access
cannot be conveniently secured from an alley or from a side street where truck parking is not
restricted.
Subd. 3: The City Council by resolution may designate certain blocks within the city as 5
minute, 30 minute, 1 hour, 2 hour, 8 hour and permit only limited parking zones and shall mark
by appropriate signs any zones so established. No person shall park any vehicle in any limited
parking zone between the hours of 8:00 a.m. and 9:00 p.m. of any weekday for a period longer
than specified on signs marking that zone, or without the appropriate permit for “permit only”
zones.
Subd. 4: Upon application and payment of any applicable permit fees, the City
Clerk/Administrator may issue a permit to park in permit only limited parking zones. All
information requested in an application form prepared by the Clerk/Administrator shall be
provided. Failure to provide information shall be considered grounds for denial of the permit.
No more than five permits shall be issued per parking space. Each permit shall be valid for a
period of one year from the date of issuance and shall be nontransferable. The City Council
may, by resolution, establish permit fees in accordance with Section 104.4.
Section 804.06: SNOW SEASON PARKING.
Subd. 1: There shall be no parking on any City street from November 1 to April 1,
during the hours of 2:00 o'clock A.M. and 7:00 o'clock A.M.
Subd. 2: Any vehicles parked in violation of Section 804.03 Subd 1, which interfere with
the plowing or removal of snow, are subject to immediate towing at the owner's expense.
Section 804.05 amended 4/08
Section 804.07: PARKING OF SEMI TRAILERS, TRAILERS, TRUCKS, TRUCK
TRACTORS AND DUMPSTERS.
Subd. 1: Declaration of Nuisance. The parking of semi trailers, trailers, trucks and truck
tractors in an area of the City zoned R-1, R-2, R-3, or R-4 is found to create a nuisance and
detrimental influence upon the public health, safety, prosperity, good order and general welfare
of such district by obstructing the view of streets and of private properties, bringing unhealthful
and annoying odors and materials into the residential neighborhoods, creating cluttered and
otherwise unsightly areas, preventing the full use of residential streets, residential parking,
introducing commercial advertising signs into areas where commercial advertising signs are
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CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
otherwise prohibited, and otherwise adversely affecting residential property values in the
neighborhood patterns. It shall be unlawful for any person owning, driving or in charge of a
semi trailer, to park the same in a zoned district R-1, R-2, R-3, or R-4 within 100 feet of any
residence for more than 60 minutes. It shall also be unlawful for any person owning, driving, or
in charge of a truck with a refrigeration unit running to park the same in a zoned district R-1, R-
2, R-3, or R-4 or within 200 feet of any residence for more than 60 minutes. It shall also be
unlawful for any person owning, driving or in charge of a truck tractor to park the same in a
zoned district R-1, R-2, R-3, or R-4 or within 200 feet of any residence for more than 60
minutes.
Subd. 2 : Cattle Truck Parking. It shall be unlawful to leave standing upon any street or
public alley in the City of St. Joseph, any cattle truck or vehicle regularly used for transporting
livestock for a period exceeding one hour.
Subd. 2: Construction trailers or equipment are allowed to temporarily park on any
street, highway, or public property zoned residential during the construction or remodeling of a
building with a valid building permit. Dumpsters are allowed on private property only, not to
exceed 30 calendar days per year or while building or remodeling is in progress, and then with a
valid building permit.
Subd. 3: Restrictions Cumulative. The restrictions of this Ordinance relating to the
parking of trucks are not to be construed as exclusive, but rather as in addition to the parking
restrictions which apply to all motor vehicles generally, as provided by herein or by state law.
Section 804.08: PARKING, LOCATION AND USE OF TRAILER HOUSES AND
MOBILE HOMES.
Subd. 1: Prohibitions. It shall be unlawful for any person to park, or to permit the
parking of any trailer house or mobile home owned by him or under his control on any street,
alley, or other public place or in any residential area, as above defined, within the City, except
that the parking of only one unoccupied trailer house in an accessory private garage building or
in the rear yard of any privately owned yard is hereby permitted provided no living quarters be
maintained, or any business practiced at said trailer while such trailer is so parked or stored.
Subd. 2: Licensing Required. The owners of all trailer houses or mobile homes shall be
required to pay the current Minnesota State License fee or tax each year.
Section 804.09: PUBLIC PARK PARKING.
Subd. 1: Motor Vehicle Use. All vehicles, whether motorized or non-motorized, shall be
restricted to their designated parking areas. In those parks where roadways extend into and
through the parks, no vehicles shall drive at a speed in excess of five miles per hour. All persons
must operate their vehicles in a safe and reasonable manner. No vehicles are to extend beyond
the roadway or parking areas. For purposes of this section, three wheel and four wheel all terrain
vehicles are to be considered motor vehicles.
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CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
Section 804.10: IMPOUNDMENT. Any vehicle left parked or standing in violation of
this Ordinance or the laws of the State of Minnesota may be towed away pursuant to the
provisions of Minn. Stat. 169.041, as amended. Any motor vehicle towed away and impounded
under this Ordinance or State law may be claimed or recovered after payment to the towing
authority of all towing and storage charges. The City, its agents and employees, shall not be
responsible for any damage done during towing and impoundment under this Ordinance or State
law.
Subd. 1: Notice of Impoundment. Within forty eight (48) hours after a vehicle has been
impounded, the Chief of Police shall send written notice to the owner of the impounded vehicle
at his or her last known address as shown by the records of the Department of Public Safety. If
the owner is unknown to the Chief of Police or an address cannot be found, the Chief of Police
shall publish at least once in the City's official newspaper notice of the impounding, the license
number of vehicle, the motor vehicle number of the impounded vehicle, and the name and type
of vehicle impounded.
Subd. 2: Sale of Vehicle. If after the expiration of sixty (60) days after mailing or
publishing the notice set out in Subd. 1 the vehicle is not redeemed by the owner or the owner's
agent, the City shall proceed to sell the impounded vehicle at public auction after first giving at
least twenty (20) days notice of such sale by publication in the City's official newspaper of the
time and place of the sale. The notice shall describe the vehicle to be sold, with reasonable
certainty, by manufacturer's trade name or make, motor vehicle number, license number, and any
other specifically identifying information, and the notice shall state to whom, if anyone, the
records of the Department of Public Safety show the car belongs, and if the name of the owner is
unknown, that fact shall be stated in the notice. If the name of the owner is known, the City shall
send that person a copy of the published notice immediately after publication of the notice. The
City shall credit any money it receives after the sale to the City's general fund. At any time
within one (1) year after the sale, if the former owner of the vehicle which has been sold appears,
upon application to the City Council and presentation of satisfactory proof that the person was
the owner of the vehicle sold, that person shall be paid the proceeds of such sale, less the
necessary expenses thereof, and less the towing, impounding storage charges and administrative
fees as set forth in Subdivision 4.
Subd. 3: Release of Towed Vehicle. Once all fines and impound fees are paid in full, the
City Police Department may release the vehicle to the respective party and the towing company
impound lot shall then notify the City Police Department of the date and to whom the vehicle
was released.
Subd. 4: Towing and Impound Fees. A towing charge in connection with the
impounding of any vehicle shall not exceed the amount agreed upon in any current contract
between the City of St. Joseph and the duly designated garage owner, a true and correct copy of
which shall be on file in the office of the City Clerk/Administrator for public inspection and
reference, and the scheduled charges of the current contract is hereby made a part of this chapter
as fully and to the same effect as if set forth herein verbatim. In addition to the towing charges,
an administrative fee, in an amount set by Resolution of the City Council, shall also be charged
to the owner of any vehicle found to be in violation of this ordinance. The administrative fee
shall be paid at the impound lot at the same time the towing fees are paid.
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CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
Section 804.11: OWNER'S RESPONSIBILITY. Where any motor vehicle is found
parked contrary to any provisions of these ordinances, that act is hereby declared to be the act of
the registered owner as well as the act of the person actually parking the vehicle.
Section 804.12: REGISTERED OWNER. For purposes of this ordinance, the registered
owner is defined to include motor vehicle rental or leasing agencies and corporate owners. It
shall be a defense to any violation if the registered owner shows that on the date of the offense
title to the vehicle has been transferred to another.
Section 804.13: SEPARABILITY. Every section, provision or part of this Ordinance is
declared separable from every other section, provision or part, and if any section, provision or
part thereof shall be declared invalid, this shall not affect any other section, provision or part.
Section 804.14: PENALTY. Any person who violates or fails to comply with the
provisions of this Ordinance shall be guilty of a misdemeanor.
Ordinance 804 amended 12/06
Ordinance 804 amended 04/19
804-6
CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
ORDINANCE 805 WEIGHT RESTRICTIONS ................................................................. 805-1
Section 805.01: SEASONAL LOAD RESTRICTION ................................................ 805-1
Section 805.02: SCHOOL BUS AND HEAD START BUS ....................................... 805-1
Section 805.03: VEHICLE TRANSPORTING MILK ................................................ 805-1
Section 805.04: UTILITY VEHICLES ....................................................................... 805-1
Section 805.05: RECYCLING AND GARBAGE VEHICLES ................................... 805-2
Section 805.06: WINTER INCREASE AMOUNTS ................................................... 805-2
805-0
CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
ORDINANCE 805 WEIGHT RESTRICTIONS
Section 805.01: SEASONAL LOAD RESTRICTION. Except for portland cement
concrete roads, between the dates set by the commissioner of transportation each year, the weight
on any single axle shall not exceed five tons on a county highway, town road, or city street that
has not been restricted. The gross weight on consecutive axles shall not exceed the gross weight
allowed in Minn. Stat. §169.822 to §169.829 multiplied by a factor of five divided by nine. This
reduction shall not apply to the gross vehicle weight.
Section 805.02: SCHOOL BUS AND HEAD START BUS. Weight restrictions do not
apply to a school bus or Head Start bus transporting students, Head Start children, or Head Start
parents when the gross weight on a single axle of the school bus or Head Start bus does not
exceed 14,000 pounds; provided that, road authorities may restrict any highway under their
jurisdiction to a lesser axle weight by written order to school boards and Head Start grantees 24
hours in advance of required compliance with such reduced axle weight.
Section 805.03: VEHICLE TRANSPORTING MILK. Until June 1, 2007, a weight
restriction imposed by the commissioner of transportation or a local road authority, does not
apply to a vehicle transporting milk from the point of production to the point of first processing
if, at the time the weight restriction is exceeded, the vehicle is carrying milk loaded at only one
point of production. This subdivision does not authorize a vehicle described in this subdivision to
exceed a weight restriction of five tons per axle by more than two tons per axle.
Section 805.04: UTILITY VEHICLES. Weight restrictions imposed by the
commissioner do not apply to a two-axle or three-axle utility vehicle that does not exceed a
weight of 20,000 pounds per single axle and 36,000 pounds gross vehicle weight for a two-axle
vehicle or 48,000 pounds gross vehicle weight for a three-axle vehicle, if the vehicle is owned
by:
a) A public utility as defined in Minn. Stat. §216B.02;
b) A municipality or municipal utility that operates the vehicle for its municipal
electric, gas, or water system; or
c) A cooperative electric association organized under Minn. Stat. §308A.
1. The exemption in this subdivision applies only when the vehicle is
performing service restoration or other work necessary to prevent an
imminent loss of service.
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CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
Section 805.05: RECYCLING AND GARBAGE VEHICLES. Weight restrictions
imposed do not apply to a vehicle that does not exceed 20,000 pounds per single axle and is
designed and used exclusively for recycling, while engaged in recycling in a political subdivision
that mandates curbside recycling pickup. Weight restrictions imposed do not apply to a vehicle
that does not exceed 14,000 pounds per single axle and is used exclusively for recycling as
described in paragraph (a), or (2) a vehicle that does not exceed 14,000 pounds per single axle
and is designed and used exclusively for collecting mixed municipal solid waste, as defined in
Minn. Stat. §115A.03, Subd. 21, while engaged in such collection. Notwithstanding said
exception a violation of weight restrictions imposed by a vehicle designed and used exclusively
for recycling while engaged in recycling in a political subdivision that mandates curbside
recycling pickup while engaged in such collection, or by a vehicle that is designed and used
exclusively for collecting mixed municipal solid waste as defined in Minn. Stat. §115A.03, Subd.
21, while engaged in such collection, is not subject to criminal penalties but is subject to a civil
penalty for excess weight under section 169.871.
Section 805.06: WINTER INCREASE AMOUNTS. The limitations provided in Minn.
Stat. §169.822 to §169.829 are increased by ten percent between the dates set by the
commissioner for each zone established by the commissioner based on a freezing index model
each winter.
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CHAPTER VIII & IX—TRAFFIC & MOTOR VEHICLES
ORDINANCE 806 UNREASONABLE ACCELERATION AND BRAKING................... 806-1
Section 806.01: EXHIBITION DRIVING PROHIBITED .......................................... 806-1
Section 806.02: PENALTY........................................................................................ 806-1
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CHAPTER VIII & IX—TRAFFIC & MOTOR VEHICLES
ORDINANCE 806 UNREASONABLE ACCELERATION AND BRAKING
Section 806.01: EXHIBITION DRIVING PROHIBITED. No person shall turn,
accelerate, decelerate or otherwise operate a motor vehicle within the city in a manner which
causes unnecessary engine noise or backfire, squealing tires, skidding, sliding, swaying,
throwing of sand or gravel, or in a manner simulating a race. Unreasonable squealing or
screeching sounds emitted by tires or the unreasonable throwing of sand or gravel by the tires is
prima facie evidence of a violation of this section.
Section 806.02: PENALTY. Any person violating any provisions of this ordinance shall
be guilty of a petty misdemeanor.
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CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
ORDINANCE 807 OPERATION OF MOTOR VEHICLE ON SIDEWALKS AND IN
PARKS ................................................................................................ 807-1
Section 807.01: OPERATION ON SIDEWALK ........................................................ 807-1
Section 807.02: OPERATION WITHIN A PUBLIC PARK ....................................... 807-1
Section 807.03: DEFINITIONS .................................................................................. 807-1
Section 807.04: PENALTY ........................................................................................ 807-1
Section 807.05: SEVERABILITY .............................................................................. 807-1
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CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
ORDINANCE 807 OPERATION OF MOTOR VEHICLE ON SIDEWALKS AND IN
PARKS
Section 807.01: OPERATION ON SIDEWALK. Any operation of a motor vehicle upon
any sidewalk within the City of St. Joseph is hereby declared to be a public nuisance and is
prohibited.
Section 807.02: OPERATION WITHIN A PUBLIC PARK. Any operation of a motor
vehicle outside the boundaries of the roadway, street or highway in a public park within the City
of St. Joseph is declared to be a public nuisance and is prohibited, except where operation is in
an area specifically designated for use by the type of vehicle in question.
Section 807.03: DEFINITIONS. As used in this ordinance, the following terms are
defined in this manner:
Subd. 1: Motor Vehicle. A motor vehicle shall mean every vehicle which is self
propelled, including but not limited to snowmobiles, motorcycles, mopeds, three and four wheel
all terrain vehicles and go carts.
Subd. 2: Sidewalk. Sidewalk is defined as that portion of the street between the curb
lines, or the lateral sides of the roadway and adjacent to the property lines intended for the use of
pedestrians.
Subd. 3: Roadway. Roadway is defined as that portion of the highway approved,
designed or ordinarily used for vehicular traffic.
Subd. 4: Street or Highway. Street or highway is defined as the entire width between the
boundary line of any way or place where any part thereof is open to use by the public, as a matter
of right, for the purpose of vehicular traffic.
Section 807.04: PENALTY. Any person violating any provisions of this ordinance,
namely causing a public nuisance as defined, shall be guilty of a petty misdemeanor, except
where the actions endanger people or property, in which case the offense shall be punished as a
misdemeanor.
Section 807.05: SEVERABILITY. Every section, provision, or part of this ordinance is
declared separate from every other section, provision or part; and if any section, provision or part
shall be held invalid, it shall not affect any other section, provision or part.
807-1
CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
ORDINANCE 809 BICYCLES, ROLLER SKATES AND SKATEBOARDS ................... 809-1
Section 809.01: DEFINITIONS .................................................................................. 809-1
Section 809.02: PROHIBITED ACTIVITIES ............................................................. 809-1
Section 809.03: PENALTIES ..................................................................................... 809-2
809-0
CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
ORDINANCE 809 BICYCLES, ROLLER SKATES AND SKATEBOARDS
Section 809.01: DEFINITIONS. For purposes of this Ordinance, the following terms
shall be defined in this manner:
Subd. 1: Bicycle. As defined in Minn. Stat. §169.01, Subd. 51.
Subd. 2: Roller Skates. Are defined as a boot or shoe having wheels attached which
enable the wearer to propel him or herself with a skating motion. This definition shall
specifically include, but is not limited to, in-line roller skates.
Subd. 3: Skateboard. Is defined as a rider propelled footboard mounted over small
wheels upon which a rider may sit or stand.
Subd. 4: Restricted Area. Shall include the following streets and the sidewalks adjacent
thereto:
a) College Avenue between Birch Street and the alley immediately south of
Minnesota Street.
b) Minnesota Street between Second Avenue West and First Street East.
c) First and Second Avenues NW lying south of Ash Street.
d) Ash Street between College Avenue and Second Avenue NW.
Section 809.02: PROHIBITED ACTIVITIES. No person shall engage in the following
activities:
Subd. 1: Ride a bicycle on the sidewalk which is located on the north side of Minnesota
Street between College Avenue and First Avenue Northwest.
Subd. 2: Travel on roller skates in or on any street within the restricted area except for
purposes of crossing a street, at which time the crossing shall be made at a right angle to the
street at an intersection or designated crosswalk in accordance with the laws governing a
pedestrian.
Subd. 3: Ride a skateboard on any street or sidewalk within the restricted area.
809-1
CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
Section 809.03: PENALTIES.
Subd. 1: Any person who violates this Ordinance shall be guilty of a petty misdemeanor,
except as provided in Subd. 2.
Subd. 2: Any person violating this Ordinance where such violation resulted in injury to
any person or property, or where the violation created the imminent danger of injury to any
person shall be guilty of a misdemeanor.
Updated: 2/12/96
809-2
CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
ORDINANCE 900 GOLF CARTS, NEIGHBORHOOD FRIENDLY VEHICLES, ALL
TERRAIN VEHICLES (ATVs) AND SNOWMOBILES .................................................... 900-1
Section 900.01: PURPOSE ......................................................................................... 900-1
Section 900.02: DEFINITIONS .................................................................................. 900-1
Section 900.03: PERMIT ............................................................................................ 900-2
Section 900.04: GENERAL PROVISIONS ................................................................ 900-3
Section 900.05: DRIVING, OPERATING OR CONTROLLING OF A MOTORIZED
GOLF CART/NEIGHBORHOOD FRIENDLY VEHICLE ......................................... 900-4
Section 900.06: UNLAWFUL ACTS OF MOTORIZED GOLF CART/NEIGHBORHOOD
FRIENDLY VEHICLE OPERATION ......................................................................... 900-5
Section 900.07: DRIVING, OPERATING, OR CONTROL OF ATVs……………….900-5
Section 900.08: OPERATING OF ATVs ON PUBLIC PROPERTY AND PARKS…900-6
Section 900.09: DRIVING, OPERATING, OR CONTROL OF SNOWMOBILES….900-7
Section 900.10: PENALTIES………………………………………………………..…900-9
900-0
CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
ORDINANCE 900 GOLF CARTS, NEIGHBORHOOD FRIENDLY VEHICLES, ALL
TERRAIN VEHICLES (ATVs) AND SNOWMOBILES.
Section 900.01: PURPOSE.
Subd. 1. The purpose of this Ordinance is to provide for reasonable regulations for the
use of special and recreational motor vehicles on public and, in conformance with private
property.
Subd. 2. This Ordinance is not intended to allow what the Minnesota Statutes prohibit or
to prohibit what the Minnesota Statutes expressly allow.
Subd. 3. This Ordinance adopts the regulatory provisions of Minnesota Statutes, Section
84.81 to 84.929, 169.974, 169.223, 171.01 and 171.02 as amended from time to time.
Subd. 4. The provisions of this Ordinance are intended to ensure the public safety and
prevent a public nuisance.
Section 900.02: DEFINITIONS. For purposes of this Ordinance, the following terms
have these definitions:
Subd. 1: ATV. All Terrain Vehicle or "ATV" means a motorized flotation tired vehicle
of not less than three low pressure tires, but not more than six tires, that is limited in engine
displacement of less than 800 cubic centimeters and total dry weight less than 600 pounds.
Subd. 2. Commissioner shall mean the Commissioner of Natural Resources.
Subd. 3. Designated Roadways shall mean streets and avenues under the jurisdiction of
the City of St. Joseph not specifically excluded in this section. It does not include federal,
Minnesota or County highways or roads.
Subd. 4. Driver. The person driving and having physical control over the motorized golf
cart, all-terrain vehicle or snowmobile and being the licensee.
Subd. 5: Medium Speed Electric Vehicle means any electrically powered four-wheeled
motor vehicle, equipped with a roll cage or crushproof body design that can attain a maximum
speed of 35 miles per hour on a paved level surface, is fully enclosed and has at least one door
for entry, has a wheelbase of 40 inches or greater and a wheel diameter of 10 inches or greater,
and except with respect to maximum speed, otherwise meets or exceeds regulations in the Code
of Federal Regulations, title 49, section 571.500, and successor requirements.
900-1
CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
Subd. 6: Motorized Golf Cart: Any passenger conveyance being driven with three or
four wheels with three or four low pressure tires that is limited in engine displacement of less
than 800 cubic centimeters and total dry weight less than 800 pounds.
Subd. 7. Neighborhood Electric Vehicle means an electrically powered motor vehicle
that has four wheels, and has a speed attainable in one mile of at least 20 miles per hour, but not
more than 25 miles per hour on a paved level surface.
Subd. 8: Owner. Owner means a person, other than a person with a security interest,
having a property interest in or title to an ATV and entitled to the use and possession of the
vehicle.
Section 900.03: PERMIT. No person shall operate a motorized golf cart, neighborhood
electric vehicle on streets, alleys, sidewalks or other public property without obtaining a permit
as provided herein.
Subd. 1. Every applicant for a permit shall be made on a form supplied by the City of St.
Joseph and shall contain all of the following information:
(a)The name and address of the applicant
(b)Model name, make and year and number of the motorized golf cart, all-terrain
vehicle or neighborhood electric vehicle.
(c)Current driver’s license or reason for not having a current license.
(d)Proof of insurance
(e)Other information as the city may require.
Subd. 2. The annual permit fee shall be as set forth in Appendix A of the St. Joseph Code
of Ordinances, which may be amended from time to time.
Subd. 3. Permits shall be granted for a period of one year and may renewed annually
January 1 to December 31.
Subd. 4. No permit shall be granted or renewed unless the following conditions are met:
(a)The applicant may be required to submit a certificate signed by a physician, that
the applicant is able to safely operate a motorized golf cart or all-terrain vehicle
on the roadways designated.
(b)The applicant must provide evidence of insurance in compliance with the
provisions of Minnesota Statutes concerning insurance coverage for golf cart,
neighborhood friendly vehicle or all-terrain vehicle.
900-2
CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
(c)The applicant has not had his/her driver’s license suspended, revoked or cancelled
as a result of criminal proceedings.
Section 900.04. GENERAL PROVISIONS.
Subd. 1. Traffic Laws. Snowmobiles, golf carts, neighborhood electric cars and ATV’s
shall yield to all other vehicles and traffic including pedestrians at all intersections and shall
abide by all signs governing the operation of motor vehicles within the limits of the City of St.
Joseph.
Subd. 2. Private Property. It is unlawful to operate an ATV on private property without
the permission or consent of the owner or occupant.
Subd. 3. Operation by Minors.
(a)It is a misdemeanor for any person under the age of fourteen years to operate a
snowmobile, neighborhood friendly electric car, or ATV or vehicle or means of
transportation not licensed for Minnesota streets and highways on streets or other
public property.
(b)A person fourteen years or older, but less than eighteen years of age, may operate
a snowmobile, golf cart, neighborhood friendly vehicle or ATV or other vehicle
or means of transportation not licensed for Minnesota Streets and highways on the
streets of the City of St. Joseph only if he/she has in his/her immediate possession
a valid driver license, permit or certificate for the operation of said snowmobile,
golf cart, neighborhood friendly vehicle or ATV or other vehicle or means of
transportation.
Subd. 4. Operation on Roadways and Public Rights of Way. Snowmobiles, golf carts,
neighborhood friendly vehicles or ATVs or other vehicle or means of transportation only as
herein specified. It is unlawful to operate a snowmobile, golf cart, neighborhood friendly
vehicle or ATV or other vehicle or means of transportation upon roadways or public lands as
follows:
(a)At a speed in excess of the posted speed limit.
(b)Other than single file on a roadway
(c)Carelessly or Recklessly
(d)On a public sidewalk provided for pedestrian travel.
(e)On boulevards within any public right of way.
900-3
CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
(f)Public Property – on any other public property including Parks and Recreational
areas, except as the City Code may specifically permit.
(g)Alcohol and Drugs. No person shall operate a snowmobile, golf cart,
neighborhood friendly vehicle or ATV or other vehicle or means of transportation
within the City limits at any place while under the influence of alcohol or drugs,
as defined by Minnesota Statute §169A.20, which is incorporated by reference.
Section 900.05. DRIVING, OPERATING OR CONTROLLING OF A MOTORIZED
GOLF CART/NEIGHBORHOOD FRIENDLEY VEHICLE. A motorized golf cart or
neighborhood friendly vehicle may be driven, operated or controlled on the roadways or
shoulders of roadways under the jurisdiction of the City of St. Joseph, but not those under the
jurisdiction of Stearns County or the State of Minnesota and except such roadways prohibited by
resolution of the City Council and only in strict compliance with this section.
(a)Motorized Golf Carts / Neighborhood Friendly Vehicles may only be operated
between sunrise and sunset unless the original vehicle equipment included
headlights and taillights.
(b)Motorized Golf Carts / Neighborhood Friendly Vehicles shall display the slow-
moving vehicle emblem provided for in Minnesota Statute §169.045, as it may be
amended from time to time.
(c)Motorized Golf Carts / Neighborhood Friendly Vehicles shall be equipped with a
rear view mirror to provide the driver with adequate vision from behind as
required by Minnesota Statute §169.70.
(d)The driver of a motorized golf cart / neighborhood friendly vehicle may cross any
street or highway intersecting a designated roadway.
(e)Every person operating a motorized golf cart or neighborhood friendly vehicle
under permit on designated roadways has all the rights and duties applicable to
the driver of any other vehicle under the provision of Minnesota Statute Chapter
169, as it may be amended from time to time, except when these provisions
cannot reasonably be applied to motorized golf carts or neighborhood friendly
vehicles and except as otherwise specifically provided in Minnesota Statutes
§169.045 (7), as it may be amended from time to time.
(f)The City Council may suspend or revoke a permit granted hereunder upon a
finding that the holder thereof has violated any of the provisions of this Section or
Minnesota Statutes Chapter 169, as it may be amended from time to time, or if
there is evidence that the permit holder cannot safely operate the motorized golf
cart or neighborhood friendly vehicle on the designated roadways.
(g)The number of occupants on the golf cart, or neighborhood friendly vehicle may
not exceed the design occupant load.
900-4
CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
Section 900.06. UNLAWFUL ACTS OF MOTORIZED GOLF CART /
NEIGHBORHOOD FRIENDLY VEHICLE OPERATION. No motorized golf cart or
neighborhood friendly vehicle shall be driven, operated, or controlled on the roadways or
shoulders of roadways under the jurisdiction of the City of St. Joseph under the following
circumstances:
(a)Between sunset and sunrise unless the original equipment includes headlights and
taillights.
(b)In inclement weather, when visibility is reduced or impaired by weather, smoke,
fog, or other conditions or at any time when there is insufficient light clearly to
see a person or vehicle on a roadway at a distance of 500 feet.
(c)Without a prominent display of a slow moving vehicle emblem as provided in
Minnesota Statute §169.522.
(d)Contrary to any provision of this City Code, County, State, and Federal Law
Section 900.7: DRIVING, OPERATING, OR CONTROL OF ATVS. ATVs may be
driven, operated or controlled on the roadways or shoulders of roadways under the jurisdiction of
the City of St. Joseph, but not those under the jurisdiction of Stearns County or the State of
Minnesota and except such roadways prohibited by resolution of the City Council and only in
strict compliance with this section.
Subd. 1: Hours of Operation. No ATVs shall be operated within the City limits of the
City of St. Joseph during the following hours: Between the hours of 8:00 p.m. and 8:00 a.m.
Subd. 2: Mufflers. ATVs operated within the City shall be equipped with properly
working mufflers of the type and kind installed by the manufacturer, or a muffler which is
equivalent to that of the manufacturer in reducing engine noises.
Subd. 3: Operation on Private Property. ATVs shall not be operated on privately owned
property within the City unless the operator of the ATV is the owner of the property, or has the
express permission of the owner to so operate.
Subd. 4: Operation on Sidewalks. No ATV shall be operated on a public or private
sidewalk located within the City, except for the purpose of making direct crossing of the
sidewalk. A direct crossing of a sidewalk shall be made at an angle of approximately 90 degrees
to the sidewalk, and the operator shall bring the ATV to a complete stop before crossing the
sidewalk and yield to any pedestrian or bicycle traffic on the sidewalk.
Subd. 5: Equipment. All ATVs operated within the City must be equipped with a
headlight, taillight, side reflectors and brakes meeting the requirements of Minn. Stat. §84.928
and the rules and regulations of the commissioner promulgated pursuant to the statute. Any
900-5
CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
ATVs operated within the City shall be done so with their headlight and taillight on and properly
operating.
Subd. 6: Streets. All persons operating an ATV on any streets or roadways located
within the City shall have a valid driver's license of the State of Minnesota or another state where
the operator's driving privileges are recognized by the State of Minnesota. This provision is
subject to the following exceptions:
a) Operators 16 years of age or older may make a direct crossing of a street or
roadway as described in paragraph c) of this subdivision.
b) Persons over the age of 12 may make a direct crossing of a street or roadway as
described in paragraph c of this subdivision, if the operator possesses a valid
safety certificate issued by the commissioner or is accompanied by a person 18
years of age or older who possesses a valid Minnesota driver's license.
c) A direct crossing of a street or roadway shall be made at an angle of
approximately 90 degrees to the street or roadway after the operator of the ATV
has brought the vehicle to a complete stop. Direct crossings shall be made in an
area where the traffic traveling on the street or highway has an unobstructed view
of the ATV operator. The ATV operator shall yield to all vehicles on the street or
highway before crossing.
Subd. 7: Alleys. ATVs may be operated in public alleys within the City if the operator is
16 years of age or older or if the operator is 12 years of age or older and in possession of a valid
safety certificate issued by the commissioner. The maximum speed that ATVs may be operated
in a City alley is ten (10) m.p.h.
Operation within a public alley shall be limited to purposes of ingress and egress to and
from private property abutting the alley. Operators shall not drive an ATV back and forth in an
alley, nor use the alley for recreational driving purposes.
Subd. 8: Applicability of Motor Vehicle Laws. All ordinances enacted by the City of St.
Joseph regulating the use and operation of motor vehicles shall apply equally to the operation of
ATVs, unless those other ordinances are directly contrary to the provisions of this Ordinance.
Subd. 9: Speed Limit on Streets. It is unlawful to operate an ATV on a street or public
roadway within the City at a speed greater than fifteen (15) miles per hour.
Section 900.08: OPERATION OF ATVS ON PUBLIC PROPERTY AND PARKS. It
shall be unlawful to operate ATVs on any City property or within City parks, except as provided
herein:
Subd. 1: ATVs may be operated on City streets and alleys as provided in Section 900.04.
900-6
CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
Subd. 2: ATVs may be operated in specially designated areas on City property or within
City parks, subject to the following conditions:
a) The area of operation must clearly be designated by posted signs as an area where
ATVs are allowed. The use of the ATV is limited to the designated area and any
paths designated for purposes of ingress and egress to the designated operation
area.
b) Persons operating in designating park areas must be 16 years of age or older, or
must be 12 years of age or older, and in possession of a valid safety certificate
issued by the commissioner, or must be 12 years of age and older and
accompanied by a parent or guardian.
c) All operators and passengers under the age of 18 must wear a helmet of a type
approved for use by the Commissioner of Public Safety
d) Operators must drive at a reduced speed and maintain a safe distance when
approaching any pedestrians located within the park areas.
e) Persons operating or riding on ATV's on City property do so at their own risk.
The City assumes no liability for the condition of the property or the conduct of
others.
Subd. 3. Equipment. It is unlawful to operate an ATV unless it is equipped with the
following:
(a)At lead one head light and one tail light, each of minimum candle powers
prescribed by rules of the Commissioner of Conservation.
(b)Headlights and tail lights lighted at all times.
(c)Must be equipped with brakes, throttle, mufflers that may not exceed 99 decibels
at a distance of twenty (20) feet.
900.09: DRIVING, OPERATING, OR CONTROL OF SNOWMOBILES. Except as
herein specifically permitted it is unlawful to operate a snowmobile within the corporate limits.
Subd. 1. Public Rights of Way:
(a)Extreme Right Hand Side: On the portion of any right of way of nay public
roadway, street or thoroughfare, except the most right hand side, in the same
direction as the traffic of the adjacent lane to the operator’s left; other than on
freeways, interstates, trunk, County State aid or County highways.
(b)Outside Slope of Borrow Pit: Snowmobiles may also be operated on the outside
slope or bottom of a ditch of a trunk, County State aid or County highway where
such highway may be configured within the City limits.
900-7
CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
(c)Bridges: Snowmobiles may be operated, as stated in this Section, on bridges
designed for motor traffic.
Subd. 2. Speed: At a rate greater than reasonable or proper given all surrounding
circumstances; and when operated on roadways, not in excess of the posted speed limit.
Subd. 3. Hours of Operation. During the hours of nine-thirty (9:30) P.M. and seven
(7:00) o’clock A.M. of any day, closer than one hundred (100) feet to any dwelling which is
usually occupied by one or more persons, except while returning home by direct route.
Subd. 4. Towing. To tow any person or thing on a public street or highway, except if
attached by a rigid frame hitch and no more than thirty six inches (36”) shall be between the
towed object and the snowmobile.
Subd. 5. Emergencies. Notwithstanding the prohibitions contained in this Section, a
snowmobile may be operated on a public street or thoroughfare in an emergency which renders
travel by an automobile impractical.
Subd. 6. Special Events or Circumstances. The City Council or Police Chief may
designate specific areas or trails on public property for special events or circumstances which
allow the operation of snowmobiles.
Subd. 7. State Traffic Code. All provisions of Minnesota States chapter 169 shall apply
to the operation of snowmobiles upon roadways, streets and thoroughfares, except for those
relating to required equipment and those which by their nature have no application.
Subd. 8. Crossing Roadways, Streets and Thorough-Fares: A snowmobile may make a
direct crossing of a roadway, street or thoroughfare, provided:
(a)Right Angle: The crossing is made at a right angle of approximately ninety
degrees (90) to the direction of the thoroughfare and at a place where no
obstruction prevents a quick and safe crossing;
(b)Complete Stop Required. The snowmobile is brought to a complete stop before
crossing the main traveled portion of the thoroughfare;
(c)Yield of Right of Way: The operator yields the right of way to all traffic which
constitutes an immediate hazard; and
(d)Divided Roadway Intersection: In crossing a divided roadway, all such crossings
are made only at an intersection of such highway with another public street or
highway.
Subd. 9. Equipment – It is unlawful to operate a snowmobile unless it is equipped with
the following:
900-8
CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
(a)Standard mufflers which are property attached and which reduce the noise of
operation of the motor to the minimum necessary for operation. No person shall
use a muffler cutout, by-pass, straight pipe or similar device on a snowmobile
motor.
(b)Brakes adequate to control the movement of and to stop and hold the snowmobile
under any condition of operation.
(c)A safety or so-called “deadman” throttle in operating condition. A safety or
“deadman” throttle is defined as a device which, when pressure is removed from
the engine accelerator throttle, causes the motor to be disengaged from the driving
track.
(d)When operated between the hours of one-half hour after sunset and one-half hour
before sunrise, or at times of reduced visibility, at least one clear headlamp
attached to the front, with sufficient intensity to reveal persons and vehicles at a
distance of at least one hundred feet ahead during the hours of darkness under
normal atmospheric conditions. Such headlamp shall be so aimed that glaring
rays are not projected into the eyes of an oncoming snowmobile operator. It shall
also be equipped with at least one red taillight having a minimum candlepower of
sufficient intensity to exhibit a red light plainly visible from a distance of five
hundred feet to the rear during hours of darkness under normal atmospheric
conditions. The headlamp and taillight must be functioning anytime the
snowmobile is being operating.
(e)A pennant flag of red or blaze material, of a size not less than twelve inches by
nine inches, at a height of not less than six feet from the ground level at any time
when the vehicle is operated on public streets.
(f)Running lights or reflective material at least sixteen square inches on each side,
forward of the handlebars so as to reflect or bean light at a ninety-degree angle.
Subd. 10. Prohibitions. It is unlawful for any person to leave a snowmobile in a public
place without locking the ignition, removing the key, and taking the key away from the
snowmobile. No person may intentionally drive, chase, run over or kill any animal with a
snowmobile.
Section 900.10: PENALTIES. The City of St. Joseph has the right to revoke riding
privileges of any individual on a snowmobile, golf cart, neighborhood friendly vehicle or ATV
or other vehicle or means of transportation within the City limits, as needed, by discretion of the
Chief of Police, based on number of complaints received, and/or violations. Any violation of the
statutes adopted by reference in this section is a violation of this ordinance when it occurs within
the City of St. Joseph. Any person violating any provision of this ordinance shall be guilty of a
misdemeanor and shall be punished by a fine not to exceed one thousand ($1,000.00) or
imprisonment for not more than ninety (90) days, or both, plus the cost of prosecution in either
case.
900-9
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CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1001 CURFEW ORDINANCE ..................................................................1001-1
Section 1001.01: CURFEW ESTABLISHED ............................................................1001-1
Section 1001.02: VIOLATIONS BY MINORS .........................................................1001-1
Section 1001.03: VIOLATIONS BY BUSINESS ......................................................1001-1
Section 1001.04: PENALTIES ..................................................................................1001-1
Section 1001.05: ENFORCEMENT ..........................................................................1001-1
1001-0
CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1001 CURFEW ORDINANCE
Section 1001.01: CURFEW ESTABLISHED. The City Council of the City of St.
Joseph hereby gives notice authorizing use of the fire siren as a curfew in order to alert parents
and thereby assist them in providing discipline for their minor children. Curfew times are as
follows:
9:30 p.m. Daily September through May
10:30 p.m. Daily June through August
Section 1001.02: VIOLATIONS BY MINORS. It shall be unlawful for any minor under
the age of 16 years to loiter or wander upon any streets, alleys, parks, playgrounds, or other
public grounds, public places and public buildings, places of amusement and entertainment,
within City limits of St. Joseph from 9:30 p.m. to 5:00 a.m. during the months of September 1 to
June 1 and from 10:30 p.m. to 5:00 a.m. during the months of June 1 to September 1, unless
accompanied by their parent or legal guardian.
Section 1001.03: VIOLATIONS BY BUSINESS. It shall be unlawful for any person,
firm, or corporation operating or in charge of any place of amusement or entertainment to permit
any minor under the age of 16 years to loiter in such place of amusement or entertainment during
the hours prohibited by this ordinance, provided however, that the provisions of this section shall
not apply when such minor is accompanied by his or her parent, guardian, or other adult person
having care and custody of the minor.
Section 1001.04: PENALTIES. Any person, firm, or corporation operating or in charge
of any place of amusement or entertainment who shall violate the provisions of section 3 of this
ordinance shall, upon conviction be guilty of a misdemeanor as defined in this code.
Section 1001.05: ENFORCEMENT. Enforcement of this ordinance shall be the prime
responsibility of the parents. Parents may request the City Police to assist in enforcing the
ordinance as it may relate to their children. In the event the police find a minor in violation of
this ordinance, the police may transport the minor to his or her residence and deliver the minor to
the custody of his or her parent or guardian, or in the absence of a parent or guardian, the police
shall ascertain that the minor is within his or her residence before leaving the minor. If the same
minor is found in violation of this ordinance within 24 hours of being transported to his or her
residence, the second violation shall be considered a petty misdemeanor. This ordinance shall
not be construed as placing a greater duty on the police to care for the safety of minors than what
generally exists under the law.
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ORDINANCE 1002 REGULATION OF NOISE ............................................................ 1002-01
Section 1002.01: DECLARATION ......................................................................... 1002-01
Section 1002.02: FINDINGS ................................................................................... 1002-01
Section 1002.03: NOISES PROHIBITED................................................................ 1002-02
Section 1002.04: UNLAWFUL ACTS .................................................................... 1002-02
Section 1002.05: LANDLORD’S LIABILITY ........................................................ 1002-04
Section 1002.06 ENFORCEMENT ........................................................................ 1002-05
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ORDINANCE 1002 REGULATION OF NOISE
Section 1002.01: DECLARATION.
There have come into being within the city certain loud, avoidable, unnatural and unnecessary
noises, which under certain circumstances and conditions, constitute a serious threat to the
health, the welfare, the contentment and the feeling of well-being of our people. Therefore, the
city council does declare that the doing of such things in a manner prohibited by, or not in
conformity with, the terms of this Ordinance constitutes an undesirable noise and shall be
punished as hereinafter provided.
Section 1002.02: FINDINGS.
(a) Excessive noise degrades the environment of the city and the city has a substantial
and, in some cases, compelling interest in controlling such noise.
(b) Excessive noise degrades the environment to a degree that:
(1) is harmful to the health, welfare and safety of its inhabitants.
(2) interferes with the comfortable enjoyment of life and property.
(3) interferes with the well-being, tranquility, and privacy of the home.
(4) causes and/or aggravates health problems.
(c) Individuals are not required to welcome unwanted noise into their own homes and
there simply is no right to force unwanted noise into the home of an unwilling
listener and there is a compelling interest in prohibiting such noise on a content
neutral basis.
(d) Effective control and elimination of excessive noise is essential to the health and
welfare of the city's inhabitants and to the conduct of the normal pursuits of life,
including recreation and communication.
(e) It is the intent of the city council to prevent excessive noise without unreasonably
infringing upon the rights of the city's inhabitants and visitors.
(f) It is the intent of the city council to prevent excessive noise, whenever possible,
without substantially burdening the free exercise of religion and in every case
within the constraints set by the Minnesota and U.S. Constitutions and applicable
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statutes and this ordinance is intended to be interpreted as consistent with all such
constraints.
(g) The city's interest in regulating noise should and does take into account the time,
place, and manner of such noise.
(h) Certain short term easing of noise restrictions is essential to allow the
maintenance and continuation of structures, infrastructure, and other elements
necessary for the physical and commercial vitality of the city.
(i) Uses of sound amplifying equipment in certain ways and at certain times and
places unreasonably invades the personal privacy, peace, and personal freedom of
citizens and visitors of the city.
(j) The city council feels obligated to reasonably regulate on a content neutral basis
the time, place, and manner of using sound amplifying equipment in order to
protect the correlative constitutional rights of the citizens and visitors of this
community to personal privacy, peace, and personal freedom from diminishment
by invasive and unwanted noise which is unnecessary or for which there are
ample alternative channels.
Section 1002.03: NOISES PROHIBITED. No person shall make or cause to be made
any distinctly and loudly audible noise that is likely to unreasonably or unnecessarily annoy,
disturb, injure or endanger the comfort, repose, health, peace, safety, or welfare of any person or
precludes their enjoyment of property or affects their property's value. This general prohibition
is not limited by the specific restrictions of unlawful acts listed in Section 1002.04.
Section 1002.04: UNLAWFUL ACTS. The following acts are declared to be loud,
disturbing and unnecessary noises in violation of this Ordinance, but said enumeration shall not
be deemed to be exclusive.
Subd.1: Horns and Other Signal Devices. No person shall sound any horn or signal
device on an automobile, motorcycle, bus, or other vehicle, except as a danger signal or traffic
warning.
Subd. 2: Operation of Vehicles. No person shall us any automobile, pickup truck,
motorcycle, or other vehicle which is not reasonably maintained and which causes noise which
would be likely to cause significant discomfort or annoyance to a reasonable person or normal
sensitivities present in the area.
Subd. 3: Exhaust Systems. No person shall discharge into the air loud noises through the
exhaust of any vehicle, except through a working muffler system which will effectively prevent
loud or explosive noises. All motor vehicles must be operated with muffler systems which
comply with all applicable state laws and regulations.
Subd. 4: Engine Braking Prohibited.
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a) No person may slow a vehicle by the practice known as engine braking, also
referred to as "jake braking" or "dynamic braking," whereby rapid downshifting
of a vehicle's engine is used in lieu of applying a vehicle's brakes, causing loud
noises to emit from the vehicle's engine and exhaust system. Engine braking by
any motor vehicle on any public highway, street, parking lot or alley within the
corporate limits of the City of St. Joseph is hereby declared to be a public
nuisance and is prohibited.
b) The foregoing provision shall not apply to emergency vehicles.
Subd. 5: Defective Vehicles or Loads. No person shall operate any automobile,
motorcycle, or vehicle so out of repair, so loaded, or in such a manner as to create loud and
unnecessary grating, grinding, rattling, or other noise which will disturb the comfort or repose of
any persons in the vicinity.
Subd. 6: Amplified Sound From Vehicles. No person shall operate any electronic device
used for the amplification of music or other entertainment or sound, which is located within a
motor vehicle being operated on a public street or alley, or in commercial or residential parking
facilities, which is audible by any person from a distance of 50 feet or more from the vehicle.
When the sound violating this section is produced when the motor vehicle’s owner is present
when the violation occurs, it shall be a violation caused by the motor vehicle owner. If the motor
vehicle’s owner is not present at the time of the violation, the person in charge or control of the
vehicle at the time of the violation violating this section shall be the person in violation of this
section.
Subd. 7: Loading, Unloading, Unpacking, and Opening of Boxes. No person shall create
loud and excessive noise in loading, unloading, unpacking any vehicle, or the opening and
destruction of bales, boxes, crates or containers.
Subd. 8: Amplified Sounds. No person shall operate or play any electronic device used
for the amplification of sound in a distinct and loudly audible manner that is likely to disturb the
peace, quiet, and comfort of another person at any time with louder volume than is reasonably
necessary for convenient hearing of the person or persons who are in the room, vehicle, chamber,
or immediate vicinity in which such device is being operated. Operation of any such amplified
sound device in such a manner as to be plainly audible at the property line of the structure or
building in which it is located, in the hallway or apartment adjacent, or at the property line if the
source is located outside a structure or building shall be prima facia evidence of a violation of
this section.
Subd. 9: Participation in Noisy Parties or Gatherings. No person shall participate in any
party or other gathering or permit any party or other gathering of people giving rise to noise,
which is likely to disturb the peace, quiet, or repose of another person. When a police officer
receives a complaint and determines that a gathering is creating such a noise disturbance, the
officer may order all persons present, other than the owner or tenant of the premises where the
disturbance is occurring, to disburse immediately. No person shall refuse to leave after being
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ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge
of the disturbance shall make every reasonable effort to see that the disturbance is stopped. Any
such noise is presumed to have the effect of disturbing the peace, quiet, or repose of another
person if it is heard outside the limits of the real estate from which the party is occurring. Such a
noisy party or gathering constitutes a violation of this ordinance.
Subd. 10: Animals. No person shall keep any animal that disturbs the comfort or repose
of persons in the vicinity by its frequent or continued noise.
Subd. 11: Outdoor Implements and Lawn Equipment. Any outdoor implements or lawn
equipment, such as a power lawnmower, snowblower, power hedge clipper, power saw, leaf
blower, or trimmer, should be operated only between the hours of 7:00 AM and 9:00 PM. No
leaf blowers shall be operated by any person without a muffler. A snowblower may be operated
at any time during the pendency of an official snow emergency and at any time within twenty-
four (24) hours following a snowfall of one inch or greater.
Subd. 12: Industrial Noise. Industrial or manufacturing activities which result in noise
audible on residentially used areas shall be prohibited between the hours of 9:00 PM and 7:00
AM, and shall be prohibited if the noise exceeds the noise standards set forth in Minnesota Rule
7030.0040, or as it may hereinafter be amended. Minnesota Rules, Chapter 7030, and A guide to
Noise Control in Minnesota, as adopted and revised from time to time by the Minnesota
Pollution Control Agency, are hereby incorporated by reference into this section on industrial
and manufacturing activities and made a part hereof. Residentially used areas shall be defined as
any building or portion thereof designed or used exclusively for human habitation, including
single-family, two-family, and multiple-family dwellings without regard to their size or location
within the City, plus any area within 500 feet of such building or portion thereof which is so
used. Residentially used areas shall include any mixed use building which contains a dwelling
unit, plus any area within 500 feet of such dwelling unit. Residentially used area shall not be
established by the locations of building which are principally hotels, motels, or rooming houses.
Subd. 13: Construction Noise. Construction activities which result in noise audible on
property other than that on which the activities are occurring shall be prohibited between the
hours of 9:00 PM and 7:00 AM. Construction equipment subject to the restrictions on
construction noise shall include, but not be limited to, the following: any vehicle or device used
for the purposes of construction, or used to transport equipment, materials, supplies or debris to
or from a construction site, including, but not limited to, a jackhammer, hammer drill, bulldozer,
dump truck, front-end loader, bobcat, crane, or backhoe.
Subd. 14: Operation of Minibikes and Recreational Vehicles. . No person shall, between
the hours of 9:00 PM to 6:00 AM., drive or operate any minibike, or other recreational vehicle
not licensed for travel on public highways. Snowmobiles and ATVs shall be controlled by the
operation of the Snowmobile and ATV Ordinances and this Ordinance shall not cover the
operation of snowmobiles.
Section 1002.05: LANDLORD’S LIABILITY. Violations of the noise control
regulations shall be the act of the owner of the residential dwelling unit even though he does not
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reside in the unit as well as the persons on the premises who violate said regulations. The
landlords operating license may be subject to suspension or revocation for the first violation,
without the necessity of knowledge by the owner or warning that the property is/was operated or
maintained in violation of this Ordinance. No suspension or revocation of a rental license shall
occur until the licensed owner has been afforded an opportunity for hearing, as detailed in
Ordinance 505 of the St. Joseph Code of Ordinances. For purposes of this section, owner is
defined to include corporations and partnerships as well as individual owners.
Section 1002.06: ENFORCEMENT.
Subd. 1: Enforcement Duties. The police department shall enforce the provisions of this
Ordinance.
Subd. 2: Civil Remedies. This Ordinance may be enforced by injunction, action for
abatement, or other appropriate civil remedy.
Subd. 3: Criminal Penalties. Every person who violates any provision of this Ordinance
is guilty of a petty misdemeanor. Any individual who is convicted of three or more violations
within a three year period shall be guilty of a misdemeanor. Plus, in either case, the costs of
prosecution. Each act of violation and each day a violation occurs or continues constitutes a
separate offense.
Section 1002.06: Every section, provision, or part of this Ordinance is declared separate
from every other section, provision, or part; and if any section, provision, or part shall be held
invalid, it shall not affect any other section, provision or part.
Amended 07/2013
1002-5
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ORDINANCE 1003 FIRE AND BURNING RESTRICTIONS .........................................1003-1
Section 1003.01: PURPOSE ......................................................................................1003-1
Section 1003.02: DEFINITIONS ...............................................................................1003-1
Section 1003.03: PROHIBITION OF FIRES .............................................................1003-2
Section 1003.04: MATERIALS .................................................................................1003-2
Section 1003.05: PROHIBITION OF ALL BURNING .............................................1003-2
Section 1003.06: GENERAL REGULATIONS REGARDING PERMITTED FIRES1003-2
Section 1003.07: PENALTIES ..................................................................................1003-3
1003-0
CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1003 FIRE AND BURNING RESTRICTIONS
Section 1003.01: PURPOSE. The City Council has made a determination that
unregulated burning within the City has an adverse effect upon the health, comfort, repose and
property of the residents of the City, specifically finding:
a) Increases the risk of destruction of personal property and structures.
b) Increases the pollution of the air and affects the health of residents, primarily
those suffering from asthma and other respiratory ailments.
c) Causes annoyance by smoke drifting onto adjacent properties.
d) Increases the potential for injury by creating a nuisance attractive to children.
e) Causes soot and odor to adjacent property.
Therefore, the City Council has enacted this Ordinance restricting the ignition and
maintenance of fires, and other burning as may occur within the City of St. Joseph.
Section 1003.02: DEFINITIONS. As used herein, the following terms shall be defined
in the following manner:
Subd 1: Person. Means any natural person acting either personally or in any
representative capacity, corporation, firm, co-partnership, or an association of any nature or kind.
Subd. 2: Timber. Means and includes trees, saplings, bushes, seedlings, and sprouts
from which trees may grow, of every size, nature, kind and description.
Subd. 3: Forest Products. Means and includes all products derived from timber.
Subd. 4: Owner. Includes a person owning the fee title to any real property, or the
person occupying real property pursuant to a leasehold interest therein.
Subd. 5: Open Fire or Open Burning. Means a fire which is not contained within a fully
enclosed fire box or structure from which the products of combustion are emitted directly to the
open atmosphere without passing through a stack, duct or chimney.
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CHAPTER X – NUISANCES & OFFENSES
Subd. 6: Recreational Fire/Campfire. Means a fire set for cooking, warming, ceremonial
or esthetic purposes, which is not more than three feet in diameter by three feet high, which has
the ground five feet from the base of the fire cleared of all combustionable material, and which is
contained within a metal ring, rock, concrete or other similar non-combustionable material
surrounding the base of the fire.
Section 1003.03: PROHIBITION OF FIRES. All fires within the City of St. Joseph are
prohibited, except for the following:
Subd. 1: Recreational Fires/Campfires
Subd. 2: Fire contained in a charcoal grill, camp stove or other device designed for the
purpose of cooking or heating.
Subd. 3: A fire contained within a building or structure ignited for the purpose of
providing heat to the interior of the structure or to be used in the preparation of food.
Subd. 4: Fires ignited for purposes of fire training as therein defined by Minn. Stat.
§88.17 subd. 3(a), pursuant to special permit granted by the local fire warden or other authorized
state, county or local authority.
Section 1003.04: MATERIALS. Fuel for all fires permitted shall consist of timber,
forest products, and kerosine, fuel oil or natural gas if the fire is contained in a stove or fire box
designed for the ignition of that substance. Burning of the following materials shall be strictly
prohibited:
Subd. 1: Motor oil, rubber, plastics, chemically treated materials or other materials
which produce excessive or noxious smoke including, but not limited to, tires, railroad ties,
chemically treated lumber, composite shingles, tarp paper, installation, composition board,
sheetrock, wiring, paint or paint filters.
Subd. 2: Hazardous waste as defined in Section 116.06 Subd. 11 of the Minnesota
Statutes and applicable Commissioner's Rules.
Subd. 3: Solid waste generated from an industrial or manufacturing process or from a
service or commercial structure.
Section 1003.05: PROHIBITION OF ALL BURNING. No outside burning may occur
during any time when a burning ban is declared by any state, county, or local authority due to an
air pollution alert or a fire danger.
Section 1003.06: GENERAL REGULATIONS REGARDING PERMITTED FIRES.
Subd. 1: No person shall ignite or maintain a fire upon the land of another without the
permission of the owner thereof or his agent.
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CHAPTER X – NUISANCES & OFFENSES
Subd. 2: No person shall ignite or maintain a fire on publicly owned or controlled
property except in areas designated for the maintenance of campfires by the public authority
governing the property.
Subd. 3: Any authorized open fire shall be attended by a competent person until such fire
is extinguished.
Section 1003.07: PENALTIES. Violations of any of the provisions of this Ordinance
shall be deemed a petty misdemeanor, except the violation of Section 1003.04 Subd. 1, 2 or 3
shall be deemed a misdemeanor. Any person who ignites or maintains a prohibited fire may be
liable under this ordinance. Any person who owns or controls property and knowingly permits a
prohibited fire to be ignited or maintained on his or her property shall also be liable as if that
person had actually ignited the fire.
Updated 2/12/96
Updated 6/2003 – Section 1003.02, Subd. 6
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ORDINANCE 1004 LICENSING AND REGULATION OF ANIMALS..........................1004-1
Section 1004.01: MAINTENANCE OF ANIMALS ..................................................1004-1
Section 1004.02: ANIMALS NOT TO BE PERMITTED TO RUN AT LARGE .......1004-2
Section 1004.03: ALL DOGS TO BE LICENSED – FEE ..........................................1004-2
Section 1004.04: DOG LICENSES TO BE GRANTED BY CITY CLERK/
ADMINISTRATOR .........................................................................1004-2
Section 1004.05: APPLICATION FOR DOG LICENSE ...........................................1004-2
Section 1004.06: EVERY DOG TO WEAR A COLLAR ..........................................1004-3
Section 1004.07: RECORD OF LICENSE.................................................................1004-3
Section 1004.08: SEIZURE OF UNLICENSED DOGS.............................................1004-3
Section 1004.09: POSSESSION OF DOG HOW RECOVERED .............................1004-3
Section 1004.10: IMPOUNDMENT OF DISEASED DOGS OR DOGS SUSPECTED OF
BEING DISEASED..........................................................................1004-3
Section 1004.11: ANY PERSON HARBORING AN ANIMAL SHALL BE DEEMED ITS
OWNER ...........................................................................................1004-4
Section 1004.12: INTERFERENCE WITH OFFICERS OR OTHER PERSONS.......1004-4
Section 1004.13: DESTRUCTION OF VICIOUS ANIMALS ...................................1004-4
Section 1004.14: DISPOSITION OF UNCLAIMED ANIMALS ...............................1004-4
Section 1004.15: REMOVAL OF DOG EXCREMENT ............................................1004-4
Section 1004.16: PENALTY .....................................................................................1004-5
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CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1004 LICENSING AND REGULATION OF ANIMALS
Section 1004.01: MAINTENANCE OF ANIMALS. It shall be unlawful for any person
to own or harbor an animal within the corporate limits of the City unless specifically permitted
by this Ordinance or by special permit granted by the City Council.
Subd. 1: Permitted Animals. The following animals shall be permitted without special
permit:
a) Up to two (2) domestic dogs over three months old per household.
b) Up to three (3) domestic cats over three months old per household.
c) Up to fifteen (15) domestic cats or dogs under three months old per household.
d) Fish maintained in an aquarium.
e) Hamsters, gerbils, guinea pigs or lab rats maintained in an aquarium or cage
located within a building.
f) Nonpoisonous and nondangerous snakes, lizards or other reptiles, no greater than
16" in length, and maintained in an aquarium or cage located within a building.
g) Nonpoisonous insects maintained in an aquarium or cage located within a
building.
h) Birds purchased from a licensed pet seller and maintained in a bird cage located
within a building.
Subd. 2: Animals Permitted by Special Permit. Animals not specifically permitted may
be allowed by special permit of the City Council if meeting the following criteria:
a) The animal is not specifically prohibited by Subd. 3 of this section.
b) The ownership or harboring of the animal shall not create a threat to the peace,
repose, safety or health of the general public or residents residing in the area in
which the animal will be maintained.
c) The ownership or harboring of the animal will not result in offensive noise or
odors.
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Permission may be withdrawn by the Council for failure of continued compliance with
subdivisions 2a through 2c above.
Subd. 3: Prohibited Animals. The ownership or harboring of the following animals
within the City is specifically prohibited.
a) Farm animals, including but not limited to, cattle, horses, hogs, chickens, geese,
sheep, goats, ducks and turkeys.
b) Predatory animals usually found in the wild, including but not limited to lions,
bears, wolves, tigers, cougars, bobcats, alligators, crocodiles and members of the
monkey family.
c) Animals, the importation or sale of which as a pet, is prohibited by state or federal
law.
d) Minnesota animals found in the wild, the hunting or trapping of which is totally
prohibited or which requires a big game license.
Section 1004.02: ANIMALS NOT TO BE PERMITTED TO RUN AT LARGE. It shall
be unlawful for the owner of any animal to permit the same to run at large anywhere in the City
of St. Joseph other than the property of the owner thereof.
Section 1004.03: ALL DOGS TO BE LICENSED – FEE. It shall be unlawful for any
person to own or harbor any dog or dogs within the corporate limits of the City of St. Joseph
without having first obtained a license as herein provided. Any person who desires to maintain
or preserve any right or property interest in such dog or dogs shall annually procure a license for
the dog so owned or harbored. The annual license fee shall be in an amount as established by
resolution of the City Council and shall be paid to the City Clerk/Administrator. No license fee
shall be required for any dog which is less than six (6) months old. Any person who fails to
obtain a license in accordance with this ordinance shall be assessed a penalty fee in an amount
established by resolution of the City Council. This penalty fee is in addition to any fines or costs
resulting from criminal prosecution in accordance with Section 1004.16 below. No person shall
operate a dog kennel within the corporate limits of the City of St. Joseph, except in an area zoned
for industrial use as may be permitted by a special use permit.
Section 1004.04: DOG LICENSES TO BE GRANTED BY CITY CLERK/
ADMINISTRATOR. A dog license shall be granted upon payment to the City
Clerk/Administrator of the fees above provided and shall continue to be in force until the 1st day
of April next succeeding the date of its issuance.
Section 1004.05: APPLICATION FOR DOG LICENSE. In applying for a dog license,
the owner shall state in writing the name, sex, breed, age, color and marking of the dog for which
the license is to be procured on forms provided by the City Clerk/Administrator. Every
application for a license shall be accompanied by a certificate from a qualified veterinarian
showing that the dog to be licensed has been given a vaccination against rabies.
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Section 1004.06: EVERY DOG TO WEAR A COLLAR. Every dog so licensed, must
wear a collar around its neck, to which shall be attached a metal tag, distinctly marked with the
year in which the same is issued, and a number designated by the City Clerk/Administrator,
which number shall be stated in the license granted. Such metal tag shall be furnished by the
City, and no other tag shall be issued as a substitute therefore, except that in case any person
owning a dog states in writing to the City Clerk/Administrator that the license tag theretofore
issued has been lost, the City Clerk/Administrator shall be permitted to issue to such person a
new tag upon payment by the applicant of the sum established by resolution of the City Council
and payable to the City Clerk/Administrator. The new tag shall be in the same form as the
original tag. It shall be unlawful for any person to make, sell, purchase or transfer in any way
any such tag or counterfeit the same in any manner, or to place or permit to be placed any tag so
made, sold, purchased, transferred or counterfeited, upon his dog or any dog in his custody or
keeping or to place or permit to be placed any tag issued as aforesaid upon any other dog than
the one for which such tag was originally issued by the City Clerk/Administrator.
Section 1004.07: RECORD OF LICENSE. The City Clerk/Administrator shall keep in a
book to be provided for that purpose, a record of all dog licenses issued with the name and
residence of the person to whom issued, and the number designated upon the metal tag furnished
therewith.
Section 1004.08: SEIZURE OF UNLICENSED DOGS. It shall be lawful for the dog
license inspector or any of his duly authorized assistants or any peace officer or any person duly
authorized by a member of the Board of Health to capture, seize and deliver to the dog license
inspector, or the keeper of a public pound any dog owned, harbored or permitted to run at large
in violation of the provisions of Sections 1, 2, 5 or 10 of this Ordinance.
Section 1004.09: POSSESSION OF DOG HOW RECOVERED. Any dog so seized
and impounded may be redeemed by the owner thereof at any time within five (5) days after
such seizure and impoundment upon payment of a penalty in an amount as established by
Resolution of the City Council, and a written statement of ownership, together with proof that a
license has been duly issued for said dog or if no license has been previously issued upon
payment of the license fee together with the aforementioned penalty. If the owner of the dog
seized or impounded under the provisions of this ordinance does not resume possession of said
dog in compliance with the foregoing provisions within five days after seizure or impoundment
thereof, he shall forfeit all right to and property in such dog.
Section 1004.10: IMPOUNDMENT OF DISEASED DOGS OR DOGS SUSPECTED
OF BEING DISEASED. Any dog which has bitten a person in the City of St. Joseph or which
may be suspected of having hydrophobia may be immediately seized whether on or off the
premises of the owner and may be impounded for such period as directed by the Health Officer.
All costs incident to and part of such impoundment shall be paid by the owner of said dog. In
the vent the dog is determined to be rabid said animal shall be destroyed under the direction of
the Health Officer. If the dog is determined not to be rabid, said dog shall be returned to is
owner upon payment of all costs of impoundment. If the owner shall fail to pay the costs of
impoundment within five days after receiving written notice of the amount then the animal shall
be destroyed or sold for impoundment costs. Whenever the prevalence of hydrophobia renders
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such action necessary, to protect the public health and safety, the Mayor may issue a
proclamation ordering every person owning or keeping a dog to confine it securely on his
premises unless it is muzzled so that it cannot bite. No person shall violate such proclamation,
and any unmuzzled dog running at large during the time affixed in the proclamation shall be
killed by the police without notice to the owner.
Section 1004.11: ANY PERSON HARBORING AN ANIMAL SHALL BE DEEMED
ITS OWNER. Any person owning or harboring an animal for three (3) consecutive days shall,
for the purpose of this ordinance, be deemed the owner thereof, and if that person be a minor, the
parent or guardian of the said minor shall be deemed to be the owner thereof.
Section 1004.12: INTERFERENCE WITH OFFICERS OR OTHER PERSONS. It shall
be unlawful for any person to molest or in any way interfere with any peace officer,
poundmaster, or any of their duly authorized assistants or with any duly authorized agent or any
person authorized by the Health Officer while engaged in the performance of work under the
provisions of this ordinance.
Section 1004.13: DESTRUCTION OF VICIOUS ANIMALS. The Health Officer shall
have the power to order the destruction of any dog or other animal which he may deem
dangerous and vicious, whether licensed or not, after three (3) days written notice to the owner
thereof, and after affording the owner or keeper of such dog or other animal an opportunity to be
heard. Whenever it shall appear to the satisfaction of the Health Officer that any dog, while
running at large has bitten one or more persons, such dog shall be deemed to be a vicious dog.
Section 1004.14: DISPOSITION OF UNCLAIMED ANIMALS. At the expiration of
five (5) days from the time a dog or cat is impounded as provided for in this ordinance, if said
dog or cat has not been reclaimed in accordance with the provisions hereof, it shall be the duty of
the license inspector to cause such dog or cat to be disposed of in accordance with the most
humane and approved methods as directed by the Health Officer.
Section 1004.15: REMOVAL OF DOG EXCREMENT.
Subd. 1: It shall be unlawful for any person to cause or permit a dog to be on any
property, public or private, not owned or possessed by such person, unless such person has in his
or her immediate possession a device for the removal of the excrement and a depository for the
transmission of excrement to a proper receptacle located upon property owned or possessed by
such person.
Subd. 2: It shall be unlawful for any person in control of, causing or permitting any dog
to be on any property, public or private, not owned or possessed by such person, to fail to
remove excrement left by such dog to a proper receptacle located on property owned or
possessed by such person.
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Subd. 3: It shall be unlawful for any person, owning or harboring a dog, to allow an
unreasonable accumulation of dog excrement upon property owned or possessed by such person.
An "unreasonable accumulation" is defined as an accumulation which omits an offensive odor
which can be detected from adjacent property, which is unsightly or offensive to the sight or
which creates a public health risk.
Section 1004.16: PENALTY. Any person violating any of the provisions of the
Ordinance shall be deemed guilty of a misdemeanor.
Updated 10/7/94
Updated 6/2003 – Section 1004.03 and Section 1004.06
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ORDINANCE 1005 DUTCH ELM DISEASE ..................................................................1005-1
Section 1005.01: DECLARATION OF POLICY .......................................................1005-1
Section 1005.02: FORESTER....................................................................................1005-1
Section 1005.03: DUTCH ELM DISEASE PROGRAM ............................................1005-1
Section 1005.04: NUISANCES DECLARED ............................................................1005-1
Section 1005.05: ABATEMENT ...............................................................................1005-2
Section 1005.06: INSPECTION AND INVESTIGATION ........................................1005-2
Section 1005.07: ABATEMENT OF DUTCH ELM DISEASE NUISANCES...........1005-2
Section 1005.08: PROCEDURE FOR REMOVAL OF INFECTED TREES AND
WOOD .............................................................................................1005-2
Section 1005.09: SPRAYING ELM TREES ..............................................................1005-3
Section 1005.10: TRANSPORTING ELM WOOD PROHIBITED ............................1005-4
Section 1005.11: INTERFERENCE PROHIBITED...................................................1005-4
Section 1005.12: PENALTY .....................................................................................1005-4
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ORDINANCE 1005 DUTCH ELM DISEASE
Section 1005.01: DECLARATION OF POLICY. The City Council of St. Joseph has
determined that the health of the elm trees within the municipal limits is threatened by a fatal
disease known as Dutch Elm Disease. It has further determined that the loss of elm trees
growing upon the public and private property would substantially depreciate the value of the
property within the City and impair the safety, good order, welfare and convenience of the
public. It has declared to be the intention of the Council to control and prevent the spread of this
disease and this Ordinance is enacted for that purpose.
Section 1005.02: FORESTER.
Subd. 1: Position Created. The position of forester is hereby created within the City of
St. Joseph and the City Council is hereby authorized to appoint a City Forester and/or assistants
from time to time.
Subd. 2: Duties of Forester. It is the duty of the Forester to coordinate, under the
direction and control of the Council, all activities of the municipality relating to the control and
prevention of Dutch Elm Disease. He shall recommend to the Council the details of the program
for the control of Dutch Elm Disease, and perform the duties incident to such a program adopted
by the Council.
Section 1005.03: DUTCH ELM DISEASE PROGRAM. It is the intention of the
Council of the City of St. Joseph to conduct the program of plant pest control pursuant to all the
powers of this municipal corporation including the authority granted by Minn. Stat. 1961,
Section 18.022, as amended. This program is directed specifically at the control and elimination
of Dutch Elm Disease fungus and elm bark beetles and is undertaken as the recommendation of
the Commissioner of Agriculture. The City Forester shall act as a coordinator between the
Commissioner of Agriculture and the Council in the conduct of this program.
Section 1005.04: NUISANCES DECLARED. The following things are public nuisances
whenever they may be found within the City of St. Joseph.
Subd. 1: Any living or standing elm tree or part thereof infected to any degree with the
Dutch Elm Disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the
elm bark beetles Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh).
Subd. 2: Any dead elm tree or part thereof, including legs, branches, stumps, firewood or
other elm material from which the bark has not been removed and burned or sprayed with an
effective elm bark beetles insecticide.
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CHAPTER X – NUISANCES & OFFENSES
Section 1005.05: ABATEMENT. It is unlawful for any person to permit any public
nuisance as defined in subdivision 4 to remain on any premises owned or controlled by him
within the City of St. Joseph. Such nuisances may be abated in the manner prescribed in this
ordinance.
Section 1005.06: INSPECTION AND INVESTIGATION
Subd. 1: Annual Inspection. The forester shall inspect all premises and places within the
City as often as practicable to determine whether any condition described in Section 4 of this
ordinance exists thereon. He shall investigate all reported incidents of infestation by Dutch Elm
Fungus or elm bark beetles.
Subd. 2: Entry on Private Premises. The forester or his duly authorized agents may enter
upon private premises at any reasonable time for the purpose of carrying out any of the duties
assigned him under this ordinance.
Subd. 3: Diagnosis. The forester shall, upon finding conditions indicating Dutch Elm
infestation, immediately send appropriate specimens or samples to the Commissioner of
Agriculture of analysis, or take such other steps for diagnosis as may be recommended by the
Commissioner. Except as provided in Section 8 no action to remove infected trees or woods
shall be taken until positive diagnosis of the disease has been made.
Section 1005.07: ABATEMENT OF DUTCH ELM DISEASE NUISANCES. In
abating the nuisances defined in Section 5, the forester shall cause the infected tree or wood to be
sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully
as possible the spread of Dutch Elm Disease fungus and elm bark beetles. Such abatement
procedures shall be carried out in accordance with current technical and expert opinions and
plans as may be designated by the Commissioner of Agriculture.
Section 1005.08: PROCEDURE FOR REMOVAL OF INFECTED TREES AND
WOOD.
Subd. 1: Whenever the forester find with reasonable certainty that the infestation defined
in Section 4 exists in any tree or wood in any public or private place in the City, he shall proceed
as follows:
a) If the forester finds that the danger of infestation of other elm trees is not
imminent, because of elm dormancy, he shall make a written report of his finding
to the Council which shall proceed by:
1. Abating the nuisance as a public improvement under Minn. Stat. Ch. 429
or
2. Abating the nuisance as provided in Subd. 2 of this Section.
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b) If the forester finds that danger of infestation of other elm trees is imminent, he
shall notify the abutting property owner by certified mail that the nuisance will be
abated within a specified time, not less than fifteen (15) days from the date of
mailing of such notice. The forester shall immediately report such action to the
Council, and after the expiration of the time limited by the notice he may abate
the nuisance.
Subd. 2: Upon receipt of the forester's report required by Subd. 1, paragraph a), the
Council shall by resolution order the nuisance abated. Before action is taken on such resolution,
the Council shall publish notice of its intention to meet to consider taking action to abate the
nuisance. This notice shall be mailed to affected property owners and published once, no less
than one week prior to such meeting. The notice shall state the time and place of the meeting,
the streets affected, action proposed, the estimated cost of the abatement, and the proposed bases
of assessment, if any, of costs. At such hearing or adjournment thereof, the Council shall hear
property owners with reference to the scope and desirability of the proposed project. The
Council shall thereafter adopt a resolution confirming the original resolution with such
modifications as it considers desirable and provide for the doing of the work by day labor or by
contract.
Subd. 3: The forester shall keep a record of the costs of abatements done under this
Section and shall report monthly to the City Clerk/Administrator all work done for which
assessment are to be made stating and certifying the description of the land, lots, parcels
involved and the amount chargeable to each.
Subd. 4: On or before September 1 of each year the Clerk/Administrator shall list the
total unpaid charges of each abatement against each separate lot or parcel to which they are
attributable under this ordinance. The Council may then spread the charges or any portion
thereof against the property involved as a special assessment under Minn. Stat. ' 429.101 and
other pertinent statutes for certification to the County Auditor and collection the following year
along with current taxes.
Section 1005.09: SPRAYING ELM TREES.
Subd. 1: Whenever the forester determines that any elm tree or elm wood within the City
is infected with Dutch Elm fungus, he may spray or treat all nearby high value elm trees, with an
effective elm bark beetle destroying concentrate or fungicide or both. Activities authorized by
this Section shall be conducted in accordance with technical and expert opinions and plans of the
Commissioner of Agriculture and under the supervision of the Commissioner and his agents
whenever possible.
Subd. 2: The notice provisions of Section 8 apply to spraying and treatment operations
conducted under this Section.
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Section 1005.10: TRANSPORTING ELM WOOD PROHIBITED. It is unlawful for any
person to transport within the City any bark bearing elm wood without having obtained a permit
from the forester. The forester shall grant such permits only when the purposes of this ordinance
will be served thereby.
Section 1005.11: INTERFERENCE PROHIBITED. It is unlawful for any person to
prevent, delay or interfere with the forester or his agents while they are engaged in the
performance of duties imposed by this ordinance.
Section 1005.12: PENALTY. Any person, firm or corporation who violates Sections 10
or 11 of this Ordinance is guilty of a misdemeanor.
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CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1006 WEED AND BRUSH CONTROL ....................................................1006-1
Section 1006.01: PURPOSE ......................................................................................1006-1
Section 1006.02: DEFINITIONS ...............................................................................1006-1
Section 1006.03: MAINTENANCE STANDARDS...................................................1006-2
Section 1006.04: REMOVAL OF WEEDS ................................................................1006-3
Section 1006.05: NOTICE .........................................................................................1006-3
Section 1006.06: VEGETATION AND WETLANDS ...............................................1006-4
Section 1006.07: PENALTY .....................................................................................1006-4
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ORDINANCE 1006 WEED AND BRUSH CONTROL
Section 1006.01: PURPOSE. It is the purpose of this Ordinance to prohibit the
uncontrolled growth of vegetation, while permitting the planting and maintenance of landscaping
or garden treatments which add diversity and richness to the quality of life. There are reasonable
expectations regarding the proper maintenance of vegetation on any lot or parcel of land. It is in
the public’s interest to provide standards regarding the maintenance of vegetation as vegetation
which is not maintained may threaten public health, safety and order.
Section 1006.02: DEFINITIONS. For the purpose of this Ordinance, the following
words shall have the meanings given in the following subdivisions.
Subd. 1: City. As used in this Ordinance, shall mean the City of St. Joseph, Stearns
County, Minnesota.
Subd 2: Grasses.
a) Native Grasses and Forbs. Grasses including prairie grasses and flowering broad-leaf
plants which are indigenous to Minnesota. Native grasses and forbs shall be planted
only in planned landscape areas or a restoration area where native grasses and forbs
are being intentionally re-established.
b) Ornamental Grasses and Groundcover. Species that are not indigenous to Minnesota
and do not include turf grasses. Ornamental grasses and groundcovers shall be
planted only in planned landscape areas.
c) Turf Grasses. Commonly used in lawn areas, including any blue grass, fescue or rye
grass blends, or any similar grasses.
Subd. 3: Noxious Weeds, Prohibited. Annual, biennial, or perennial plants that the
Commissioner of Agriculture designates as having the potential or are known to be detrimental
to human or animal health, the environment, public roads, crops, livestock or other property.
There are two regulatory listings for prohibited noxious weeds:
a) Eradicate list. Prohibited noxious weeds that are listed to be eradicated include plants
that are not currently known to be preset in Minnesota or are not widely established.
These species must be eradicated, meaning all of the above and below ground parts of
the plant must be destroyed, as required by MN Statute §18.82, as amended from time
to time.
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b) Control List. Prohibited noxious weeds listed to be controlled are plants established
throughout MN or regions of the State. Species on this list must be controlled,
meaning efforts must be made to prevent the spread, maturation and dispersal of any
propagating parts, thereby reducing established growth and preventing reproduction
and spread as required by MN Statute §18.82 as amended from time to time.
Subd. 4: Noxious Weeds, Restricted: Plants that are widely distributed in MN and are
detrimental to human or animal health, the environment, public roads, crops, livestock or other
property, but whose only feasible means of control is to prevent their spread by prohibiting the
importation, slae and transportation of their propagating parts in the state except as allowed by
MN Statute § 18.82, as amended from time to time. Plants designated as restricted noxious
weeds may be reclassified if effect means of control are developed.
Subd. 5: Noxious Weeds, Stearns County. Weeds that are designated by Stearns County
to be enforced as prohibited noxious weeds within the county’s jurisdiction and must be
approved by the Commissioner of Agriculture. The list of noxious weeds designated by Stearns
th
County is updated by May 15 of each year.
Subd. 6: Person. As used in this Ordinance shall mean and include one or more persons
of either sex, natural person, corporations, partnerships, associations, societies and other entities
of any kind capable of being sued.
Subd. 7: Specifically Regulated Plants. Plants that may be native species or have
demonstrated economic value, but also have the potential to cause harm in non-controlled
environments. Plants designated as specially regulated have been determined to pose ecological,
economical, or human health or animal health concerns. Plant specific management plans and/or
rules that define the use and management requirements for these plants will be developed by the
MN Department of Agriculture for each plant designated as specially regulated. Measure must
also be taken to minimize the potential for harm caused by these plants.
Subd. 8: Weeds. As used in this Ordinance, shall be construed to mean and include all
noxious weeds as defined in Minn. Stat. §18 and 21, as amended from time to time, and those as
determined by the Stearns County Agricultural Inspector, and all such useless and troublesome
plants as are commonly known as weeds to the general public.
Section 1006.03: MAINTENANCE STANDARDS. Every owner, lessee, and/or
occupant; or any agent, servant, representative, or employee of any such owner, lessee or
occupant having control of any occupied or unoccupied lot or land or any part thereof in the City,
to permit or maintain on any such lot or land, or on or along any sidewalk adjacent to the same,
or along any street adjacent to said property between the property lien and the curb, or on or
along any alley that is adjacent to the said property between the property line and the middle of
the alley, shall maintain all vegetation thereon according to the following standards:
a) Turf grasses and weeds shall be regularly cut such that no individual plan shall
exceed, any anytime a height greater than ten (10) inches as measured from it base at
the ground to the highest point of the stalk, stem or blade.
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CHAPTER X – NUISANCES & OFFENSES
b) Property owners are responsible to plant and maintain the boulevard areas adjoining
their property in a manner which enhances and improves the aesthetic appearance of
city streets with turf grass or approved rain gardens. To maintain an adequate site ine
and safe travel within the right-of0way, such plantings excluding treets, shall not
exceed thirty two (32) inches in height.
c) The City may require a planned landscape area to be trimmed if the plants are
causing vehicular and pedestrian sight line issues or posing other safety concerns. No
person shall permit ornamental grasses and groundcovers to invade on adjoining
property.
d) Any growth of noxious weeds, grasses, or rank vegetation to a height of greater than
ten (10) inches, or any accumulation of dead weeds or grasses, except compost piles,
during the months of May through September. It shall also be unlawful for any such
person to cause, permit or allow poison ivy, rag weed, or other poisonous plant(s), or
plant(s) detrimental to health, to grow on any such lot or on any such land in such
manner that any part of said weed(s) or plant(s) shall extend upon, hang over or
border any public place, or in such manner that said weed(s) or plant(s) are allowed to
seed or emit pollen or other harmful particles into the atmosphere in a manner such
that said particles are carried through the air into any public place(s).
e) It is unlawful to dispose of noxious weeds, grasses, or rank vegetation in public
streets, vacant lots, ponds and rights-of-way.
Section 1006.04: REMOVAL OF WEEDS. It shall be the duty of the owner, lessee, or
occupant of any lot or land to cut and remove, or to cause to be cut and removed, all such
noxious weeds, grass or other rank, poisonous or harmful vegetation as often as may be
necessary to comply with the provisions of Section 3.
Section 1006.05: NOTICE. If the provisions of the foregoing Sections are not complied
with, the City Weed Inspector shall serve written notice for the first two offenses of the each
calendar year, of such fact upon the owner, lessee, occupant, or any agent or person having care
or control of such lot or land. Non-compliance of this Ordinance offense after the second
offense will not receive notice. If the person upon whom the notice is served fails, neglects or
refuses to cut and remove or to cause to be cut and removed, such seeds, grass or other
vegetation within ten (10) days of the compliance date included in the administrative compliance
order, or if no person can be found in the City who either is or claims to be the owner of such lot
or land, or who either represents or claims to represent such owner, or the compliance order
would be the third (or greater) notice for the same property in the calendar year, the Weed
Inspector shall cause such weeds, grass and other vegetation on such lot or land to be cut and
removed.
The property owner shall be charged a compliance fee to include all fees incurred when the
Weed Inspector orders the weeds, grass or other vegetation to be cut and/or removed. If the
property owner fails to pay the compliance fee within 30 days of receiving an invoice, such
amount will become a lien in favor of the City and a penalty as established by the City Council
1006-3
CHAPTER X – NUISANCES & OFFENSES
shall be added to the amount due as of that date. Any costs, expenses and penalties unpaid as of
October 15 of each calendar year shall be certified to the County Auditor for entry as a special
assessment upon such property for collection as other real estate taxes are collected.
Section 1006.06: VEGETATION AND WETLANDS. The cutting, mowing or burning
of vegetation located within a wetland as defined by Section 502.04, Subd. 123 of these
Ordinances shall be prohibited, except where the cutting, mowing or burning occurs under the
following circumstances:
a) When the act occurs in compliance with this ordinance requiring the removal of
weeds as defined in Section 1006.01, Subd. 4.
b) When occurring in conjunction with the harvesting of agricultural crops.
c) When the vegetation is consumed by agricultural animals using the wetlands for
pasture.
d) If approved by the City Weed Inspector based upon the finding that the cutting,
mowing or burning of the vegetation will not have a noticeable adverse effect
upon the wetlands or wildlife residing therein.
Section 1006.07: PENALTY. Any person who shall neglect to cut and remove noxious
weeds, grass, or other vegetation as directed in this ordinance, or who shall fail, neglect or refuse
to comply with the provisions of any notice herein provided, or who shall violate any of the
provisions of this ordinance, or who shall resist or obstruct the Weed Inspector, or his
employees, in the cutting and removal of noxious weeds, grass and other vegetation shall be
guilty of a misdemeanor.
Updated May 6, 2019
1006-4
CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1007 GARBAGE AND REFUSE ORDINANCE ......................................1007-0
Section 1007.01: DEPOSIT OF GARBAGE AND REFUSE RESTRICTED .............1007-1
Section 1007.02: GARBAGE AND REFUSE CONTAINERS ..................................1007-1
Section 1007.03: COLLECTION BY CITY ..............................................................1007-1
Section 1007.04: FURNITURE AND MATTRESSES ..............................................1007-2
Section 1007.05: DEBRIS .........................................................................................1007-2
Section 1007.06: STORAGE OF MATERIAL ..........................................................1007-2
Section 1007.07: COMPOST SITE............................................................................1007-2
Section 1007.08: NUISANCE DECLARED ..............................................................1007-2
Section 1007.09: PENALTIES AND ABATEMENT ................................................1007-2
Section 1007.10: STORAGE .....................................................................................1007-2
1007-0
CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1007 GARBAGE AND REFUSE ORDINANCE
Section 1007.01: DEPOSIT OF GARBAGE AND REFUSE RESTRICTED. No person
shall hereafter deposit or cause to be deposited any garbage, kitchen or table refuse, or any
decayed animal or vegetable substance or any noxious or offensive substance or any substance
injurious to life or health, upon any street, avenue, vacant lot or vacant part of any lot or upon
any yard, back yard or other ground or place appurtenant to any dwelling house, boarding house,
lodging house, hotel, restaurant, store, saloon, factory, laundry, work shop or other inhabited
building, in the City of St. Joseph except in proper containers and in the manner as herein
provided. No person shall hereafter deposit or cause to be deposited soil, gravel, lawn waste,
grass clippings, leaves, garden waste, refuse, or construction debris on the property of another
without the explicit consent of the property owner.
Section 1007.02: GARBAGE AND REFUSE CONTAINERS. Every owner or
occupant, or person in control or possession of any dwelling house, hotel, restaurant, boarding
house, lodging house, store, laundry, factory or other inhabited building or structure shall
provide at his own expense and put and keep on the grounds back yard or other part of the lot
appurtenant to any such specified premises and in a convenient place, easy access for collection
as provided in Section 3 of this ordinance, a container of a type or kind approved for use by the
City's contract refuse hauler; and every such person shall deposit or cause to be deposited in such
can all garbage and other refuse and substances specified in Section 1, of this ordinance, which
shall accrue on his or her premises or on premises in his or her control or possession and shall
deposit in said container the same drained of water or other fluid, and wrapped in paper in
parcels, and shall keep such container covered.
Section 1007.03: COLLECTION BY CITY. For non-rental residential property, the
City Council shall provide for the collection of all garbage and other refuse and recyclables
deposited in the containers and shall provide for the removal of the same to such place as shall be
provided by the City Council for that purpose. The City Council may contract for such
collection and removal of such garbage and other refuse, but all such employment or procuring
of means shall be done in the name of and for and on behalf of the City, and the expense thereof
shall be paid out of the funds of the City generated by a charge to users. The City Council may
adopt such reasonable rules and regulations for the deposit, collection and removal of such
garbage and other refuse aforesaid as it may deem necessary or useful. Non-residential property
shall privately contract for the removal of refuse in a manner consistent with this ordinance.
a) Garbage or other refuse and recyclable containers shall not be placed on the curb
line more than 24 hours prior to scheduled collection or be left on the curb line
more than 24 hours after scheduled collection.
Amended 5/6/19
1007-1
CHAPTER X – NUISANCES & OFFENSES
Section 1007.04: FURNITURE AND MATTRESSES. No person shall place or allow to
remain any furniture constructed and originally sold for use inside a structure, including but not
limited to bed mattresses, sofas, and couches, at a place or location where the time would be
exposed to the weather elements and within the view of the general public, except under the
following circumstances:
a) When the item has been set out to be picked up for removal and transportation to
a disposal site. The item must be removed within 48 hours.
Section 1007.05: DEBRIS. No person shall deposit or allow the deposit of and
construction debris, construction scraps, packing or shipping debris, inoperable appliances,
containers, wrappers or other debris at any outside location, except in a properly permitted
garbage or refuse container, or in a truck or trailer for transportation to a permitted disposal site.
Section 1007.06: STORAGE OF MATERIAL. No person shall store or maintain
construction material, machinery, equipment, or used pallets, crates or barrels, at an outside
location where visible from off the property on which it is stored in any area zoned for
residential use.
Section 1007.07: COMPOST SITE. No yard waste may be included in garbage or refuse
pick up. The City shall provide a compost site for the deposit of all yard waste by residents of
the City. For purposes of this ordinance, yard waste shall include grass clippings, garden
growth, leaves, sticks, branches, thatch, vines, or wood chips. Use of the compost site shall be
pursuant to reasonable rules and regulations established by the City.
Section 1007.08: NUISANCE DECLARED. A violation of any provision of this
Ordinance constitutes a public nuisance. The maintenance of a public nuisance within the City is
unlawful, and any person, firm or corporation that maintains a public nuisance is subject to the
penalties defined in Section 1007.09.
Section 1007.09: PENALTIES AND ABATEMENT. Any person, firm or corporation
violating any provision of this Ordinance is subject to any and all applicable penalties and fees
codified in Ordinance 104. If a person, firm, or corporation receives an administrative citation
and compliance letter for a violation of this Ordinance and that person, firm, or corporation fails
to pay the civil fine, to illustrate compliance per the terms of the compliance letter, and to request
an administrative hearing within the time allotted pursuant to Ordinance 104, the City may abate
the nuisance and assess the costs of abatement against said property. If the person, firm, or
corporation requests an administrative hearing and fails to abate the nuisance within 60 days
after receiving the hearing officer’s report, the City may abate the violation and assess the costs
of abatement against said property.
Section 1007.10: STORAGE. If the City abates the nuisance, all items removed from the
real property will be deemed junk property. Junk property will be inventoried and stored by the
City for a period of 20 days after abatement. The owner of real property from where junk
property was removed may reclaim the junk property from the City during the storage period at
normal business hours. The real property owner is responsible for the costs of storing junk
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CHAPTER X – NUISANCES & OFFENSES
property and must pay the costs of storage at the time the junk property is reclaimed. If the real
property owner does not reclaim the junk property during the 20-day storage period, the City will
dispose of the junk property and the costs of storage and disposal will be assessed against the
real property.
Updated 7/18/94; Updated 6/2003 – Section 1007.04; Updated 2/5/18
1007-3
CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1008 JUNK CAR STORAGE ....................................................................1008-1
Section 1008.01: PURPOSE ......................................................................................1008-1
Section 1008.02: DEFINITIONS ...............................................................................1008-1
Section 1008.03: EXCEPTIONS ...............................................................................1008-2
Section 1008.04: NUISANCE ...................................................................................1008-2
Section 1008.05: PUBLIC PROPERTY ....................................................................1008-2
Section 1008.06: PRIVATE PROPERTY ..................................................................1008-3
Section 1008.07: REMOVAL PROCEDURE ............................................................1008-3
Section 1008.08: IMPOUNDMENT ..........................................................................1008-3
Section 1008.09: PENALTY .....................................................................................1008-3
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CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1008 JUNK CAR STORAGE
Section 1008.01: PURPOSE. Abandoned or junk vehicles constitute:
Subd. 1: A hazard to the health and welfare of the people of the City in that they can
harbor noxious disease, furnish shelter and breeding places for vermin, and present physical
dangers to the safety and well-being of children and other citizens.
Subd. 2: A blight on the landscape of the City and are detrimental to the environment.
Subd. 3: A waste of a valuable source of useful metal.
It is in the public interest that the present accumulation of abandoned or junk motor
vehicles within the City be eliminated and that future abandonment be prevented.
Section 1008.02: DEFINITIONS. The terms used in this Ordinance shall have the
meanings given them in this Section.
Subd. 1: Abandoned Vehicle. Shall mean a motor vehicle that:
a) Lacks vital component parts or is in an inoperable condition so it has no
substantial potential for further use consistent with its usual functions; and
b) Has remained for a period of more than 48 hours on public property illegally (or
more than four hours if posted); or
c) Has remained on private property for more than 24 hours (or immediately, if
posted) without the consent of the Person in control of the property.
Subd. 2: Junk Vehicle. Shall mean a motor vehicle that:
a) Is extensively damaged, with the damage including such things as tires or broken
or missing wheels, motor, drive train or transmission, so as to render the vehicle
inoperable; or
b) Has not had a valid, current registration plate, or has not been properly licensed
for operation within the State of Minnesota for a period of thirty (30) consecutive
days or greater.
Subd. 3: Motor Vehicle or Vehicle: Has the meaning in Minn. Stat. §169.01, as
amended.
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CHAPTER X – NUISANCES & OFFENSES
Subd. 4: Private Property. Shall mean any real property within the City which is
privately owned and which is not public property as defined in this Section.
Subd. 5: Public Property. Shall mean any street, alley or highway which shall include
the entire width between the boundary lines of every way publicly maintained for vehicular
travel, and also means any other publicly owned property or facility.
Subd. 6: Unauthorized Vehicle. Shall mean a vehicle that is subject to removal and
impound under the law.
Subd. 7: Vital Component. Shall mean a part of a motor vehicle or appliance essential to
its mechanical functioning.
Section 1008.03: EXCEPTIONS. A vehicle shall not be an abandoned, junk or
unauthorized vehicle when kept:
Subd. 1: In an enclosed garage or storage building.
Subd. 2: On the premises of a junkyard or a motor vehicle repair business which such
junkyard or business is maintained and/or licensed in accordance with Minnesota law, City
Ordinances and zoning regulations. In the case of a repair business, each motor vehicle must be
under repair and/or removed within ninety (90) days. When requested, the business owner must
provide proof that the vehicle is being repaired. Such proof will include a parts order form or
verification of application for title. Each motor vehicle present on the premises of a motor
vehicle repair business must be maintained or stored in an area screened from view by an
appropriate fence.
Section 1008.03, Subd. 2, updated 12/06
Subd. 3: In an appropriate storage place or depository maintained in a lawful place and
manner by the City or authorized by the City.
Subd. 4: A classic or pioneer car, as defined in Minn. Stat. §168.10, as amended, that is
in the process of restoration. Restoration of vehicles under this provision shall be completed
within 30 days.
Section 1008.04: NUISANCE. The presence of any junk, abandoned or unauthorized
vehicle on private or public property is a public nuisance which may be abated under this
Ordinance.
Section 1008.05: PUBLIC PROPERTY. No Person shall park, store, leave or permit the
parking, storing or leaving of any abandoned, junk or unauthorized vehicle or parts of a vehicle,
whether attended or not, upon any public property within the City.
1008-2
CHAPTER X – NUISANCES & OFFENSES
Subd. 1: A Police Officer may impound any abandoned junk or unauthorized vehicle on
public property within the City, or that causes an obstruction and hazard. The Police Department
or City may remove it under State law after giving proper notice under this Ordinance.
Section 1008.06: PRIVATE PROPERTY. No Person owning, in charge of, or in control
of any real property within the City, whether as owner, tenant, occupant, lessee, or otherwise,
shall allow any abandoned or junk motor vehicle to remain on such property longer than ninety-
six (96) hours.
Section 1008.07: REMOVAL PROCEDURE.
Subd. 1: Notice to Remove. Whenever it comes to the attention of the Police
Department or other City officials that any Person has any abandoned, junk or unauthorized
vehicle, the City or Police Department shall serve a notice in writing upon the Person requesting
the removal of the nuisance in the time specified in this Ordinance.
Subd. 2: Responsibility for Removal. Upon proper notice, an owner of the abandoned,
junk or unauthorized vehicle and the owner or occupant of the private property on which the
same is located, shall be jointly and severally responsible for its removal.
Subd. 3: Notice Procedure. The Police Department shall give notice to the owner or
occupant of the private property where it is located by sending a copy of the notice by certified
mail to the owner or occupant of the private property at the Person’s last known address.
Subd. 4: Content of Notice. The notice shall contain the request for removal within ten
(10) days after the mailing of such notice and the notice shall advise that failure to comply with
the notice to remove shall be a violation of this Ordinance.
Section 1008.08: IMPOUNDMENT. If the nuisance is not abated under this Ordinance
after proper notice, the City or the Police Department may impound the vehicle according to
State law.
Section 1008.09: PENALTY. Any Person violating this Ordinance shall be guilty of a
misdemeanor. Each day the violation continues unabated shall constitute a separate and distinct
violation.
Updated 6/2003
1008-3
CHAPTER X—NUISANCES & OFFENSES
ORDINANCE 1009 TRANSIENT MERCHANTS, PEDDLERS AND SOLICITORS .....1009-1
Section 1009.01: DEFINITIONS...............................................................................1009-2
Section 1009.02: EXCEPTIONS TO DEFINITIONS ................................................1009-3
Section 1009.03: LICENSING;EXCEPTIONS..........................................................1009-4
Section 1009.04: LICENSE INELIGIBILITY...........................................................1009-6
Section 1009.05: LICENSE SUSPENSION AND REVOCATION ...........................1009-7
Section 1009.06: LICENSE TRANSFERABILITY...................................................1009-8
Section 1009.07: REGISTRATION...........................................................................1009-8
Section 1009.08: PROHIBITED ACTIVITIES..........................................................1009-8
Section 1009.09: EXCLUSION BY PLACARD........................................................1009-9
Section 1009.09: PENALTY .....................................................................................1009-9
Section 1009.09: SEVERABILITY...........................................................................1009-9
Section 1009.09: EFFECTIVE DATE.......................................................................1009-9
1009-1
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ORDINANCE 1009 TRANSIENT MERCHANTS, PEDDLERS, AND SOLICITORS
Section 1009.01: DEFINITIONS. Except as may otherwise be provided or clearly
implied by context, all terms shall be given their commonly accepted definitions. For the purpose
of this ordinance, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.
Subd. 1: Non-Commercial Door-to-Door Advocate. A person who goes door-to-door for
the primary purpose of disseminating religious, political, social, or other ideological beliefs. For
purpose of this ordinance, the term door-to-door advocate shall fall under the term solicitor and
include door-to-door canvassing and pamphleteering intended for non-commercial purposes.
Subd. 2: Peddler. A person who goes from house-to-house, door-to-door, business-to-
business, street-to-street, or any other type of place-to-place movement, for the purpose of
offering for sale, displaying for exposing for sale, selling or attempting to sell, and delivering
immediately upon sale, the goods, wares,products, merchandise, or other personnel property that
the person is carrying or otherwise transporting. For purpose of this ordinance, the term peddler
shall have the same common meaning as the term hawker.
Subd. 3: Person. Any natural individual, group, organization, corporation, partnership,
or similar association.
Subd. 4: Professional Fundraiser. Any person, including a corporation or other entity,
who, for compensation, performs any solicitations or other services for a religious, politician,
social, or other charitable organization.
Subd. 5: Regular Business Day. Any day during which the city hall is normally open for
the purpose of conducting public business. Holidays defined by state law shall not be considered
regular business days.
Subd. 6: Solicitor. A person who goes from house-to-house, door-to-door, business-to-
business, street-to-street, or any other type of place-to-place movement, for the purpose of
obtaining or attempting to obtain orders for goods,wares, products, merchandise, other personal
property, or services of which he or she may be carrying or transporting samples, or that may be
described in a catalog or by other means, and for which delivery or performance shall occur at a
later time. The absence of samples or catalogs shall not remove a person from the scope of this
provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as
discussed above. For purposes of this ordinance, the term solicitor shall have the same meaning
as the term canvasser.
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CHAPTER X—NUISANCES & OFFENSES
Subd. 7: Transient Merchant. A person who temporarily sets up business out of a
vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of
exposing or displaying for sale, selling or attempting to sell, and delivering goods, wares,
products, merchandise, or other personal property and who does not remain in any one location
for more than fourteen (14) consecutive days.
Section 1009.02: EXCEPTIONS TO DEFINITIONS.
For the purpose of this chapter, the terms PEDDLER,SOLICITOR, and TRANSIENT
MERCHANT shall not apply to:
(A) Non-commercial door-to-door advocates. Nothing within this ordinance shall be
interpreted to prohibit or restrict non-commercial door-to-door advocates. Person engaging in
non-commercial door-to-door advocacy shall not be required to register as a solicitor under
Section 7.
(B) Any person selling or attempting to sell at wholesale any goods, wares,products,
merchandise, or other personal property to a retail seller of the items being sold by the
wholesaler.
(C) Any person who makes initial contacts with other people for the purpose of
establishing or trying to establish a regular customer delivery route for the delivery of perishable
food and dairy products, such as baked goods or milk.
(D) Any person making deliveries of perishable food and dairy products to the
customers on his or her established delivery route.
(E) Any person making deliveries of newspapers, newsletters, or other similar
publications on an established customer delivery route, when attempting to establish a regular
delivery route, or when publications are delivered to the community at large.
(F) Any person conducting the type of sale commonly known as garage sales,
rummage sales, or estate sales.
(G) Any person participating in an organized multi-person bazaar or flea market.
(H) Any person conducting an auction as a properly licensed auctioneer.
(I) Any officer of the court conducting a court-ordered sale.
Exemption from these definitions shall not, for the scope of this chapter, excuse any person from
complying with any other applicable statutory provision or requirement provided by another city
ordinance.
1009-3
CHAPTER X—NUISANCES & OFFENSES
Section 1009.03: LICENSING; EXCEPTIONS.
(A) County license required. No person shall conduct business as a peddler, solicitor,
or transient merchant within the city limits without first having obtained the appropriate license
from the county as may be required by Minnesota Statutes Chapter 329 as it may be amended
from time to time, if the county issues a license for the activity.
(B) City license required. Except as otherwise provided for by this ordinance, no
person shall conduct business within this jurisdiction as a peddler or a transient merchant without
first obtaining a city license. Solicitors need not be licensed, but are required to register with the
city pursuant to Section 1009.07.
(C) Application. An application for a city license to conduct business as a peddler or
transient merchant shall be made at least fourteen (14) regular business days before the applicant
desires to begin conducting a business operation within the city. Application for a license shall
be made on a form approved by the City Council and available from the office of the City
Administrator. All applications shall be signed by the applicant. All applications shall include the
following information:
(1) The applicant's full legal name.
(2) Any and all other names under which the applicant has or does conduct
business, or to which the applicant will officially answer to.
(3) A physical description of the applicant (hair color, eye color, height,
weight, any distinguishing marks or features, and the like).
(4) Full address of applicant's permanent residence.
(5) Telephone number of applicant's permanent residence.
(6) Full legal name of any and all business operations owned, managed, or
operated by applicant, or for which the applicant is an employee or an
agent.
(7) Full address of applicant's regular place of business, if any exists.
(8) Any and all business-related telephone numbers of the applicant, including
cellular phones and facsimile (fax) machines.
(9) The type of business for which the applicant is applying for a license.
(10) Whether the applicant is applying for an annual or daily license.
(11) The dates during which the applicant intends to conduct business. If the
applicant is applying for a daily license, the number of days he or she will
be conducting business within the city, with a maximum of fourteen (14)
consecutive days.
(12) Any and all addresses and telephone numbers where the applicant can be
reached while conducting business within the city, including the location
where a transient merchant intends to set up his or her business.
(13) A statement as to whether or not the applicant has been convicted with the
last five (5) years of any felony, gross misdemeanor or misdemeanor for
violating any state or federal statute or any local ordinance, other than
minor traffic offenses.
1009-4
CHAPTER X—NUISANCES & OFFENSES
(14) A list of the three (3) most recent locations where the applicant has
conducted business as a peddler or transient merchant.
(15) Proof of any required county license.
(16) Written permission of the property owner or the property owner's agent
for any location to be used by a transient merchant.
(17) A general description of the items to be sold or services to be provided.
(18) Any and all additional information as may be deemed necessary by the
City Council.
(19) The applicant's driver's license number or other acceptable form of
identification.
(20) The license plate number, registration information, vehicle identification
number (VIN) and physical description for any vehicle to be used in
conjunction with the licensed business operation.
(D) Fee. All applications for a license under this chapter shall be accompanied by the
fee established in the city licensing fee schedule as it may be amended from time to time.
(E) Procedure. Upon receipt of the application and payment of the license fee, the
City Administrator will, within two (2) regular business days, determine if the application is
complete. An application will be considered complete if all required information is provided. If
the City Administrator determines that the application is incomplete, the City Administrator must
inform the applicant of the required, necessary information that is missing. If the application is
complete, the City Administrator must order any investigation, including background checks,
necessary to verify the information provided with the application. Within ten (10) regular
business days of receiving a complete application the City Administrator must issue the license
unless grounds exist for denying the license application under Section 4, in which case the clerk
must deny the request for a city peddler or transient merchant license. If the City Administrator
denies the license application, the applicant must be notified in writing of the decision, the
reason for denial and the applicant's right to appeal the denial by requesting, within twenty (20)
days of receiving notice of rejection, a public hearing before the City Council. The City Council
shall hear the appeal with twenty (20) days of the date of the request for a hearing. The decision
of the City Council following the public hearing can be appealed by petitioning the Minnesota
Court of Appeals for a writ of certiorari.
(F) Duration. An annual license granted under this ordinance shall be valid for one
calendar year from the date of issuance. All other licenses granted to peddlers and transient
merchants under this ordinance shall be valid only during the time period indicated on the
license.
(G) Professional fundraisers not exempt. A professional fundraiser working on
behalf of an otherwise exempt group or person shall not be exempt from the licensing
requirements of this ordinance.
1009-5
CHAPTER X—NUISANCES & OFFENSES
(H) License exemptions.
(1) No license shall be required for any person to sell or attempt to sell, or to
take or attempt to take orders for, any product grown, produced,
cultivated, or raised on any farm.
(2) No license shall be required for any person going from house-to-house,
door-to-door, business-to-business, street-to-street, or any other type of
place-to-place movement for the primary purpose of exercising that
person's state or federal constitutional rights such as the freedom of
speech, freedom of the press, freedom of religion, and the like. This
exemption will not apply if the person's exercise of constitutional rights is
merely incidental to what would properly be considered a commercial
activity.
Section 1009.04: LICENSE INELIGIBILITY.
The following shall be grounds for denying a peddler or transient merchant license:
(A) The failure of an applicant to obtain and demonstrate proof of having obtained
any required county license.
(B) The failure of an applicant to truthfully provide any information requested by the
city as part of the application process.
(C) The failure of an applicant to sign the license application.
(D) The failure of an applicant to pay the required fee at the time of application.
(E) A conviction with the past five (5) years of the date of application for any
violation of any federal or state statute or regulation, or of any local ordinance, which adversely
reflects upon the person's ability to conduct the business for which the license is being sought in
a professional, honest and legal manner. Such violations shall include, but are not limited to,
burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or
threatened physical harm against another person.
(F) The revocation with the past five (5) years of any license issued to an applicant
for the purpose of conducting business as a peddler, solicitor, or transient merchant.
(G) When an applicant has a bad business reputation. Evidence of a bad business
reputation shall include, but is not limited to, the existence of more than three (3) complaints
against an applicant with the Better Business Bureau, the Office of the Minnesota Attorney
General or other state attorney general's office, or other similar business or consumer rights
office or agency, with the preceding twelve (12) months, or three (3) complaints filed with the
city against an applicant within the preceding five (5) years.
1009-6
CHAPTER X—NUISANCES & OFFENSES
Section 1009.05: LICENSE SUSPENSION AND REVOCATION.
(A) Generally. Any license issued under this section may be suspended or revoked at
the discretion of the City Council for violation of any of the following:
(1) Subsequent knowledge by the city of fraud, misrepresentation or incorrect
statements provided by an applicant on the application form.
(2) Fraud, misrepresentation or false statements made during the course of the
licensed activity.
(3) Subsequent conviction of any offense to which the granting of the license
could have been denied under Section 1009.4.
(4) Engaging in any prohibited activity as provided under Section 8 of this
ordinance.
(5) Violation of any other provision of this ordinance.
(B) Multiple persons under one license. The suspension or revocation of any license
issued for the purpose of authorizing multiple persons to conduct business as peddlers or
transient merchants on behalf of the licensee shall serve as a suspension or revocation of each
authorized person's authority to conduct business as a peddler or transient merchant on behalf of
the licensee whose license is suspended or revoked.
(C) Notice. Prior to revoking or suspending any license issued under this chapter, the
city shall provide a license holder with written notice of the alleged violations and inform the
licensee of his or her right to a hearing on the alleged violation. Notice shall be delivered in
person or by mail to the permanent residential address listed on the license application, of if no
residential address is listed, to the business address provided on the license application.
(D) Public Hearing. Upon receiving the notice provided in part (C) of this section,
the licensee shall have the right to request a public hearing. If no request for a hearing is received
by the City Administrator within ten (10) days following the service of the notice, the city may
proceed with the suspension or revocation. For the purpose of a mailed notice, service shall be
considered complete as of the date the notice is placed in the mail. If a public hearing is
requested within the stated time frame, a hearing shall be scheduled within twenty (20) days
from the date of the request for the public hearing. Within three (3) regular business days of the
hearing, the City Council shall notify the licensee of its decision.
(E) Emergency. If, in the discretion of the City Council, imminent harm to the health
or safety of the public may occur because of the actions of a peddler or transient merchant
licensed under this ordinance, the City Council may immediately suspend the person's license
and provide notice of the right to hold a subsequent public hearing as prescribed in part (C) of
this section.
(F) Appeal. Any person whose license is suspended or revoked under this section
shall have the right to appeal that decision in court.
1009-7
CHAPTER X—NUISANCES & OFFENSES
Section 1009.06: LICENSE TRANSFERABILITY.
No license issued under this chapter shall be transferred to any person other than the
person to whom the license was issued.
Section 1009.07: REGISTRATION.
(A) All solicitors and any person exempt from the licensing requirements of this
ordinance under Section 3 shall be required to register with the city prior to engaging in those
activities. Registration shall be made on the same form required for a license application, but no
fee shall be required. Immediately upon completion of the registration form, the City
Administrator shall issue to the registrant a certificate of registration as proof of the registration.
Certificates of registration shall be non-transferrable.
(B) Individuals that will be engaging in non-commercial door-to-door advocacy shall
not be required to register.
Section 1009.08: PROHIBITED ACTIVITIES.
No peddler, solicitor, transient merchant, non-commercial door-to-door advocate, or
other person engaged in other similar activities shall conduct business in any of the following
manner:
(A) Calling attention to his or her business or the items to be sold by means of
blowing any horn or whistle, ringing any bell, crying out, or by any other noise, so as to be
unreasonably audible within an enclosed structure.
(B) Obstructing the free flow of traffic, either vehicular or pedestrian, on any street,
sidewalk, alleyway, or other public right-of-way.
(C) Conducting business in a way as to create a threat to the health, safety, and
welfare of any specific individual or the general public.
(D) Conducting business before 8 a.m. or after 8 p.m.
(E) Failing to provide proof of license, or registration, and identification when
requested.
(F) Using the license or registration of another person.
(G) Alleging false or misleading statements about the products or services being sold,
including untrue statements of endorsement. No peddler, solicitor, or transient merchant shall
claim to have the endorsement of the city solely based on the city having issued a license or
certificate of registration to that person.
(H) Remaining on the property of another when requested to leave.
1009-8
CHAPTER X—NUISANCES & OFFENSES
(I) Otherwise operating their business in any manner that a reasonable person would
find obscene, threatening, intimidating or abusive.
Section 1009.09: EXCLUSION BY PLACARD.
Unless specifically invited by the property owner or tenant, no peddler, solicitor, transient
merchant, non-commercial door-to-door advocate, or other person engaged in other similar
activities shall enter onto the property of another for the purpose of conducting business as a
peddler, solicitor, transient merchant, non-commercial door-to-door advocate, or similar activity
when the property is marked with a sign or placard:
(1) At least four inches long.
(2) At least four inches wide.
(3) With print of at least 48 point in size.
(4) Stating "No Peddlers, Solicitors or Transient Merchants," "Peddlers, Solicitors,
and Transient Merchants Prohibited," or other comparable statement.
No person other than the property owner or tenant shall remove, deface, or otherwise tamper
with any sign or placard under this section.
Section 1009.10: PENALTY.
Any individual found in violation of any provision of this ordinance, shall be a guilty of a
misdemeanor.
Section 1009.11: SEVERABILITY.
If any provision of this ordinance is found to be invalid for any reason by a court of
competent jurisdiction, the validity of the remaining provisions shall not be affected.
Section 1009.12: EFFECTIVE DATE.
This ordinance becomes effective on the date of its publication, or upon the publication
of a summary of the ordinance as provided by Minn. Stat. § 412.191, Subd. 4, as it may be
amended from time to time, which meets the requirements of Minnesota Statute Section
331A.01, Subd. 10, as it may be amended from time to time.
Updated 12/2013
1009-9
CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1010 PUBLIC URINATION AND DEFECATION ...................................1010-1
Section 1010.01: PROHIBITION ..............................................................................1010-1
Section 1010.02: PENALTY .....................................................................................1010-1
1010-0
CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1010 PUBLIC URINATION AND DEFECATION
Section 1010.01: PROHIBITION. No person shall urinate or defecate within the City of
St. Joseph while outside of a building or structure, under any of the following circumstances:
Subd. 1: When the person is on or in a public street, alley, sidewalk, boulevard, park or
parking lot.
Subd. 2: When the person is in a private parking lot open to use by general members of
the public.
Subd. 3: When the person is on private property of another without the permission of the
owner.
Subd. 4: When the person is on private property and the prohibited act is performed in a
location which could allow it to be observed by others from off the property.
Section 1010.02: PENALTY. Violation of this Ordinance shall constitute a petty
misdemeanor.
1010-1
CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1011 ORDINANCE PROHIBITING PUBLIC NUISANCES ....................1011-1
Section 1011.01: DEFINITIONS ...............................................................................1011-1
Section 1011.02: PUBLIC NUISANCE DECLARED ...............................................1011-1
Section 1011.03: PENALTIES ..................................................................................1011-2
1011-0
CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1011 ORDINANCE PROHIBITING PUBLIC NUISANCES
Section 1011.01: DEFINITIONS. As used herein, the following terms shall be defined
as follows:
Subd. 1: Disorderly House. Shall mean a building, dwelling, apartment or establishment
in which actions, conduct or activities occur in violation of laws relating to:
a) The sale of intoxicating liquor or non-intoxicating malt liquor;
b) The sale or possession of controlled substances as defined in Minn. Stat. §152.01,
Subd. 4.
c) The consumption or possession of intoxicating liquor or non-intoxicating malt
liquor by underage persons in violation of Minn. Stat. §340A.503, Subds. 1 and 3.
d) The maintenance or participation in a noisy party or gathering in violation of St.
Joseph Ordinance 1002.02, Subd. 6.
Subd. 2: Owner. Shall mean the legal or equitable owner of real property as those terms
have been commonly interpreted by the courts of the State of Minnesota. "Owner" shall not
include a mortgagee, contract for deed vendor, or the holder of an unrealized remainder interest
in property.
Subd. 3: Possessor. Shall mean the person, people or entity having legal right to possess
the property or a portion thereof. "Possessor" shall include those holding a leasehold interest in
property, or a portion thereof such as an apartment.
Section 1011.02: PUBLIC NUISANCE DECLARED. The following acts are declared
to be public nuisances which endanger the safety, health, morals, comfort or repose of members
of the public.
Subd. 1: Maintain a disorderly house.
Subd. 2: Starting or allowing illegal fires.
Subd. 3: Permitting an activity on property which knowingly results in the deposit of
litter in violation of Minn. Stat. §609.68.
Subd. 4: Permitting an activity on property which knowingly results in trespass or
damage to the property of others.
1011-1
CHAPTER X – NUISANCES & OFFENSES
Section 1011.03: PENALTIES:
Subd. 1: Any Possessor of property at which a public nuisance occurs shall be guilty of a
misdemeanor.
Subd. 2: The Owner of property at which a public nuisance occurs, if different than the
Possessor, may also be guilty of a misdemeanor if the Owner is aware of the existence of the
nuisance and fails to take reasonable action available to abate the nuisance.
Updated 9/1999
1011-2
CHAPTER X—NUISANCES & OFFENSES
ORDINANCE 1012 ORDINANCE PROHIBITING DISRUPTIVE INTOXICATION.....1012-1
Section 1012.01: DECLARATION ...........................................................................1012-2
Section 1012.02: DEFINITIONS...............................................................................1012-2
Section 1012.03: DISRUPTIVE INTOXICATION....................................................1012-2
Section 1012.04: SOBRIETY TESTING...................................................................1012-3
Section 1012.05: PENALTIES ..................................................................................1012-3
1012-1
CHAPTER X—NUISANCES & OFFENSES
ORDINANCE 1012 ORDINANCE PROHIBITING DISTRUPTIVE INTOXICATION
Section 1012.01: DECLARATION. It is the policy of the City of St. Joseph to provide
for the safety, health and welfare of the public while prohibiting certain harmful conduct of
intoxicated persons.
Section 1012.02: DEFINITIONS
Subd. 1: Public Place. Includes a building or place controlled by the City, a school, a
place of worship, any public street, including public sidewalk, alley, walk or other publicly
owned lands. Public place excludes the premises of a licensed alcohol establishment.
Subd. 2: Intoxicated Person. A person who is presently impaired, mentally or
emotionally, as a result of the presence of alcohol, drugs or a controlled substance in the person's
body. Evidence of an intoxicated person may include, but is not limited to, any combination of
the following indicators:
a) odor of intoxicants on the breath,
b) bloodshot, watery eyes,
C) dilated pupils,
d) stumbling or staggering,
e) slurred speech,
f) failure of Standardized Field Sobriety Test,
g) failure of Drug Recognition Protocol,
h) alcohol concentration of.08 or more
Subd. 3: Public Disruption. Conduct by an individual to include loud, boisterous yelling,
urinating in public, lewd or combative conduct, or disobeying a police officer's lawful command.
Section 1012.03: DISTRUPTIVE INTOXICATION: No person, while intoxicated, in a
public place shall conduct him or herself so as to be a danger to themselves or others and/or
engage in a public disruption.
1012-2
CHAPTER X—NUISANCES & OFFENSES
Section 1012.04: SOBRIETY TESTING. No person shall be cited under this section
without first have been offered and failed the Standardized Field Sobriety Test or a Portable
Breath Test (PBT); however, a person incapable and/or having refused Field Sobriety Testing or
a PBT may still be cited under the criteria set forth in section 1012.02 Subd 2.
Section 1012.05: PENALTIES: Any Possessor of property at which a public nuisance
occurs shall be guilty of a misdemeanor.
History: 01-17-13 New
1012-2
CHAPTER X—NUISANCES & OFFENSES
ORDINANCE 1013 REFUSE HAULER ORDINANCE...................................................1013-1
Section 1013.01: LICENSING REQUIREMENTS....................................................1013-1
Section 1013.02: REQUIREMENTS AND RESTRICTIONS....................................1013-2
1013-0
CHAPTER X—NUISANCES & OFFENSES
ORDINANCE 1013 REFUSE HAULER ORDINANCE
Section 1013.01: LICENSING REQUIREMENTS.
A. It is unlawful for any person to haul garbage, rubbish, or recyclables without the
appropriate license issued by the City under this ordinance unless the person is
hauling from their own residence for disposal at another location with the approval of
that property owner
B. Haulers collecting garbage, rubbish, or recyclables from any customer must be
licensed.
C. Conditions of License: Each license shall be applied for, issued and renewed any may
be suspended or revoked, as provided by this Ordinance, and each licensee shall
comply with all applicable requirements of this Ordinance.
D. Application for License: Any person desiring a license to collect garbage shall make
application for the same to the City Administrator upon a form prescribed by the City.
The application shall set forth the following:
1. The name and address of applicant
2. A list of the equipment which the applicant proposes to use in such collection
3. The place or places to which the garbage, rubbish, and/or recyclable materials
is to be hauled.
4. The manner in which said garbage, rubbish, and/or recyclable materials is to
be disposed of.
E. Liability Insurance: Before a license is issued, the applicant shall file with the City
Administrator evidence that the applicant has in effect a current worker's
compensation insurance covering all employees of the licensee, and public liability
insurance for the hauler's business and for all vehicles in at least the sum of five
hundred thousand dollars ($500,000.00) for injury of one (1)person, one million
dollars ($1,000,000.00) for injury of two (2) or more persons in the same accident and
one hundred thousand dollars ($100,000.00) for property damages.
F. License Fee: Before a license is issued, the applicant shall pay to the City a license
fee to be established along the City's Fee Schedule. The fee shall accompany the
application.
G. Expiration of License: No license issued shall be for a period longer than one (1)
year, and all licenses shall expire on December 31st of each year.
1013-1
CHAPTER X—NUISANCES & OFFENSES
H. Suspension or Revocation: Licenses may be suspended or revoked by the City
Council, after the licensee has been given a reasonable notice and an opportunity to
be heard, for the violation of any provisions of this Ordinance or for the violation of
any conditions or restrictions in the motion granting the license or any motion passed
by the City Council or upon failure of the licensee to comply with any conditions,
order or direction issued by the City Council.
Section 1013.02: REQUIREMENTS AND RESTRICTIONS.
A. Hours of Operation: No hauler shall operate in the City of St .Joseph before 7:00 am
or after 9:OOpm.
B. Vehicle Equipment and Maintenance: Licensees shall have covered watertight, packer
type vehicles or, in the case of recycling, appropriate container vehicles in good
condition and which prevent loss in transit of liquid or solid cargo. All vehicles shall
be kept clean and as free from offensive odors as possible and shall not be allowed to
stand in any street longer than reasonably necessary to collect garbage, rubbish, and
recyclable materials.
1013-2
CHAPTER X – NUISANCES & OFFENSES
1014-1
ORDINANCE 1014 EXCESSIVE SERVICE CALLS ......................................................... 1014-1
Section 1014.01: PURPOSE AND INTENT ........................................................... 1014-2
Section 1014.02: APPLICABILITY AND SCOPE...................................................... 1014-2
Section 1014.03: DEFIN ITIONS .................................................................................. 1004-2
Section 1014.04: FEES; LATE PENALTIES; COLLECTION BY SPECIAL
ASSESSMENT. ............................................................................................................. 1014-3
Section 1014.05: NOTICE ............................................................................................ 1014-3
Section 1014.06: AFFIRMATIVE DEFENSE ............................................................. 1014-3
Section 1014.07: RIGHT TO APPEAL; APPEAL PROCEDURE .............................. 1014-3
Section 1014.08: SEVERABILITY AND VALIDITY ................................................ 1014-4
CHAPTER X – NUISANCES & OFFENSES
1014-2
______________________________________________________________________________________________________________________________________________________________ ORDINANCE 1014 EXCESSIVE NUSIANCE SERVICE CALLS ______________________________________________________________________________________________________________________________________________________________
Section 1014.01: PURPOSE AND INTENT. The purpose of this Section is to protect
the public safety, health and welfare and to prevent and abate repeat response calls by the City
to the same property of location for nuisance service calls, as defined in this division, which
prevent police or public safety services to other residents of the city. It is the intent of the City
to impose and collect nuisance service call fees from the owner or occupant, or both, of
property to which city officials must repeatedly respond for any repeat nuisance event or
activity that generates extraordinary costs to the City. The nuisance service call fee is intended
to cover that cost over and above the cost of providing normal law or code enforcement
services and police protection city wide.
Section 1014.02: APPLICABILITY AND SCOPE. This Section shall apply to all
owners and occupants, of private property which is the subject or location of the repeat
nuisance service call by the City. This division shall apply to any repeat nuisance service call
responses made by a police officers, community service officers, and code enforcement
officers and officials.
Section 1014.03: DEFINITIONS. Except as may otherwise be provided or clearly
implied by context, all terms shall be given their commonly accepted definitions. For the
purpose of this ordinance, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
Subd. 1: Nuisance Service Call: An incident to which the City is required to
respond, of any activity, conduct or condition occurring on private property that is likely
to unreasonably interfere with the quiet enjoyment of neighboring properties or the
safety, health, morals, welfare, comfort or repose of the residents therein, including
without limitation, violations of City Code Sections 1002, 1010, 1011, and 1012, and
incidents of disorderly conduct or indecent exposure as defined by Minnesota Statutes.
Subd. 2: Public Officer: Shall include police officers, community service officers,
and code enforcement officers and officials of the City of St. Joseph.
Subd. 3. Verified Incident: An incident in which a public officer, having
completed an investigation, is able to find evidence of nuisance conditions or conduct
described in the definition of Nuisance Service Call. It shall not be necessary that
criminal charges be brought or convictions be obtained relative to the incident. Multiple
offenses obtained during a single response shall count as one incident.
CHAPTER X – NUISANCES & OFFENSES
1014-3
Section 1014.04: FEES; LATE PENALTIES; COLLECTION BY SPECIAL
ASSESSMENT.
Subd. 1: Imposition of Fee. Property owners and occupants of a property shall be
jointly and severally responsible for nuisance incidents occurring thereon and shall be
individually responsible for any Nuisance Service Call fees issued to a party under this Section.
Where a notice of Nuisance Service Call has been served on the owner and/or occupant of the
property, each successive Nuisance Service Call within a period of 365 days shall result in fee
being charged to the owner and/or occupant.
Subd. 2: Amount of Fee, Late Penalties. The Nuisance Service Call fee under this
Section shall be based upon the actual cost of law enforcement or other public officer response
as determined by the City fee schedule for each separate call. All Nuisance Service Call fees
imposed shall be due within thirty days of the city's mailing a billing statement therefor.
Delinquent payments are subject to a ten percent penalty of the amount due.
Subd. 3: Assessment. If an owner fails to pay a Nuisance Service Call fee as lawfully
required under this Section, the city council may, at their discretion, assess the fee against the
property taxes due on the parcel.
Section 1014.05: NOTICE. The City Administrator shall provide written notice to the
property owner and/occupant that the Nuisance Service Call fee is being imposed. The written
notice shall:
(1) State the time, date and nature of the Verified Incident; and
(2) Be served personally or by U.S. mail upon the owner or occupant at the last
known address. With regard to the owner, the notice by U.S. Mail shall be sent to the address
for property tax statements maintained by Stearns County Assessor for the property.
Section 1014.06. AFFIRMATIVE DEFENSE. In the case of rental property, it
shall be an affirmative defense to the Nuisance Service Call fee upon the owner if the
owner has commenced eviction proceedings against the tenant or tenants responsible for
the nuisance conduct or conditions and the property does not have a history of Nuisance
Service Calls with prior tenants.
Section 1014.07: RIGHT TO APPEAL; APPEAL PROCEDURE.
Subd. 1: Request for hearing. Upon the imposition of a Nuisance Service Call fee, the
City Administrator or designee shall inform the owner or occupant of their right to a hearing on
the alleged repeat Nuisance Service Call fee. The owner or occupant upon whom the fee is
imposed may request a hearing by serving upon the City Administrator within 14 business days
of the mailing of the fee invoice, inclusive of the day the invoice is mailed, a written request
for a hearing. The hearing shall be heard by the City Council within 30 days of the date of the
CHAPTER X – NUISANCES & OFFENSES
1014-4
owner's or occupant's request for a hearing.
Subd. 2: Hearing procedure; evidentiary rules. The hearing shall be conducted in an
informal manner and the state rules of civil procedure and rules of evidence shall not be strictly
applied. The hearing need not be transcribed but may be transcribed at the sole expense of the
party who requests the transcription.
Subd. 3: Final determination; notice to owner or occupant. After considering all
evidence submitted, the City Council shall make written findings of fact and conclusions on the
issue of whether the City responded to or rendered services for repeat nuisance calls to the
same location on two or more occasions within a 365-day period. The findings and conclusions
shall be served upon the owner or occupant by U.S. mail within five days of the conclusion of
the hearing.
Subd. 4: Waiver of right to hearing. An owner or occupant's right to a hearing shall be
deemed waived if the owner or occupant fails to serve a written request for a hearing as
required herein or fails to appear at the scheduled hearing date. Upon waiver of the right to
hearing, or upon receipt of the written findings of fact and conclusions that the Nuisance Call
Service fee is warranted hereunder, the owner or occupant shall immediately pay the fee
imposed.
Section 407.08: SEVERABILITY AND VALIDITY.
Subd. 1: If any section or subdivision of this ordinance shall be held invalid, the invalidity
thereof shall not affect the validity of the other provisions of this ordinance, which shall continue
in full force and effect.
Subd. 2: This ordinance shall be in full force and take effect from and after its passage and
approval and publication as provided by law.
CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1020 FIREWORKS ...................................................................................1020-1
Section 1020.01: PURPOSE AND INTENT ..............................................................1020-1
Section 1020.02: DEFINITIONS ...............................................................................1020-1
Section 1020.03: LICENSE REQUIREMENTS ........................................................1020-1
Section 1020.04: LICENSE FEE ...............................................................................1020-1
Section 1020.05: LOCATION RESTRICTION .........................................................1020-2
Section 1020.06: HOURS OF OPERATION .............................................................1020-2
Section 1020.07: INSPECTIONS ..............................................................................1020-2
Section 1020.08: TRAINING PROGRAM ................................................................1020-2
Section 1020.09: SELF SERVICE .............................................................................1020-2
Section 1020.10: USE OF LEGAL FIREWORKS .....................................................1020-2
Section 1020.11: LICENSE SUSPENSION OR REVOCATION ..............................1020-3
Section 1020.12: CRIMINAL PENALTIES ..............................................................1020-3
Section 1020.13: SEVERABILITY ...........................................................................1020-3
1020-0
CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1020 FIREWORKS
Section 1020.01: PURPOSE AND INTENT. It has been determined by the City Council
that the storage for sale and sale of legal fireworks creates an increased risk of fire and explosion.
It has also been determined by the City Council that unauthorized use of legal fireworks by
minors leads to an increased risk of injury or damage to property. This Ordinance has been
adopted for the purpose of protecting public health, safety and welfare.
Section 1020.02: DEFINITIONS. For purposes of this ordinance, the following terms
have the meaning as indicated:
Subd. 1: Legal Fireworks. Means those items specifically identified by Minnesota
Statute Section 624.20 Subd. 1(C).
Section 1020.03: LICENSE REQUIREMENTS.
Subd. 1: No person shall engage in the business of the sale of legal fireworks within the
City of St. Joseph without first obtaining a license from the City pursuant to this Ordinance.
Subd. 2: To be eligible for a license, the person applying for the license must be at least
18 years of age and may not have been convicted of a felony offense within five years of
application. In the event the applicant is a corporation, limited liability company or a similar
business entity, the majority owner of the entity must be at least 18 years of age or older, and
may not have been convicted of a felony offense within five years of application.
Subd. 3: A separate license is required for each place of business.
Subd. 4: Any change in the ownership of a licensed entity will require application for a
new license and the new owner must satisfy all eligibility requirements.
Section 1020.04: LICENSE FEE. Application for a legal fireworks license must be
submitted to the City Clerk/Administrator along with the license fee as established by the City
Council and subject to periodic modification by City Council resolution. If the license period is
for less than one (1) year, the fee to be paid by the applicant shall be a prorated portion of the
amount required for the entire year; provided that the minimum fee shall not be less than
$________. Any license issued under this ordinance shall expire on the ____ day of
______________ of each year.
1020-1
CHAPTER X – NUISANCES & OFFENSES
Section 1020.05: LOCATION RESTRICTION. Sale of legal fireworks within the City
of St. Joseph is restricted as follows:
Subd. 1: The location of the sale is restricted to areas within the City zoned for business
or industrial use, and at least 300 feet from property zoned for residential use, property used for
school purposes, a public park or publicly owned facility, or a residential structure.
Subd. 2: No License shall be granted or renewed for a location that is licensed to sell or
furnish intoxicating liquor. This provision does not restrict the sale at locations licensed to sell
non-intoxicating liquor off sale.
Subd. 3: The sale must be from a structure located on a permanent foundation, and
constructed primarily of non-flammable materials (block, tip up concrete panels, poured
concrete, steel siding, etc.)
Section 1020.06: HOURS OF OPERATION. The sale of legal fireworks is limited to
the hours of 8:00 am to 10:00 pm.
Section 1020.07: INSPECTIONS. Any location licensed for the sale of legal fireworks
shall be open to inspection by a licensed peace officer whenever the location is open for
business.
Section 1020.08: TRAINING PROGRAM. Every licensee shall have in effect a training
program for employees to instruct them about the law prohibiting the sale of legal fireworks to
minors and the other provisions of state law and local ordinance.
Section 1020.09: SELF SERVICE. Legal fireworks may not be kept or displayed in a
location where a potential customer has direct access. All legal fireworks must be kept behind a
counter within the control of licensee or its employee, or in locked display cases.
Section 1020.10: USE OF LEGAL FIREWORKS. Legal fireworks used or possessed
within the City shall be subject to the following restrictions:
Subd. 1: No person under the age of 18 may have in their possession or make any use of
legal fireworks unless under the direct supervision of their parent or guardian, or a person over
the age of 21 authorized to supervise the minor by the parent or guardian of the minor.
Subd. 2: Legal fireworks which cause noise shall not be used between the hours of
10:00pm and 8:00am of the following day.
Subd. 3: Legal fireworks may not be used within any structure or building.
Subd. 4: Legal fireworks may not be used on any public property or upon property of
another without the owners prior consent.
1020-2
CHAPTER X – NUISANCES & OFFENSES
Section 1020.11: LICENSE SUSPENSION OR REVOCATION. Licenses granted
under this ordinance shall be subject to revocation if the business is conducted in violation of this
ordinance. Prior to suspension or revocation of a license, a licensee shall be afforded a hearing
before the City Council conducted in accordance with Minnesota Statute Section 15.0418 et seq.
In the event of a violation, the license may be subject to revocation, suspension not in excess of
60 accumulative days, and/or a civil fine not to exceed $1,000.00.
Section 1020.12: CRIMINAL PENALTIES. Any person, corporation or legal entity
violating any provision of this ordinance shall be guilty of a misdemeanor. In the event of a
violation by a corporation or limited liability company, the officers or managers of the entity
may be held criminally responsible for the acts of the entity.
Section 1020.13: SEVERABILITY. If any section, subsection or clause of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity and
forcibility of the remainder of this ordinance.
1020-3
CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1021 FIREARMS USE ORDINANCE ......................................................1021-1
Section 1021.01: PURPOSE ......................................................................................1021-1
Section 1021.02: DEFINITIONS ...............................................................................1021-1
Section 1021.03: USE OF FIREARMS .....................................................................1021-1
Section 1021.04: HUNTING PERMITS AND FEES .................................................1021-1
Section 1021.05: EXEMPTIONS ALLOWED ..........................................................1021-1
Section 1021.06: PENALTY .....................................................................................1021-2
1021-0
CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1021 FIREARMS USE ORDINANCE
Section 1021.01: PURPOSE. It shall be the purpose of this Ordinance to protect the
safety and well-being of persons and property in the City of St. Joseph.
Section 1021.02: DEFINITIONS. The term "firearms" shall mean any device from
which a projectile is propelled by, but not limited to, gunpowder, CO2, spring action or air. This
definition shall be deemed to include, but not limited to, shotguns, rifles, pellet/BB guns, pistols,
revolvers, slingshots, blow-guns, and bows and arrows.
Section 1021.03: USE OF FIREARMS.
Subd. 1: Discharge of Firearms. It shall be unlawful to use, fire, or discharge firearms
within the City of St. Joseph. This use shall not prohibit the discharge of shotguns or the use of
bows and arrows with broad heads (hunting tips) during legally designated hunting seasons with
a hunting permit provided by the City.
Subd. 2: Possession and Transfer of Firearms. It shall be unlawful for any person to sell,
give, lend or in anyway cause any person under 18 years of age to possess any device as herein
described without a parent or legal guardian present and with permission from said parent or
legal guardian. It shall be unlawful for any person under 18 years of age to possess any device as
herein described anywhere except property described as his/her residence except for the express
purpose of legal hunting and with a hunting permit as required herein.
Subd. 3: Shotgun hunting shall be permitted on the designated State of Minnesota
Wildlife Reserve parcels only. Bow and arrow hunting shall be allowed on the designated State
of Minnesota Wildlife Reserve parcels.
Section 1021.04: HUNTING PERMITS AND FEES. The City Council may issue special
hunting permits for hunting or shooting on undeveloped lands but such permits shall be issued
only with written consent of the owners of such lands. The permits shall be issued at the
discretion of the Police. Appeals may be taken from his determination to the City Council. All
such permits must be issued in writing and in the possession of the individual issued the permit.
The Council shall establish a permit fee in an amount sufficient to cover the costs to administer
this Ordinance.
Section 1021.05: EXEMPTIONS ALLOWED. This Ordinance shall not prohibit the use
of firearms by a legally appointed police officer or by a member of a duly licensed gun club as
hereinafter provided when firing or discharging firearms on the authorized firing range of the
club and within the prescribed hours for shooting. Nothing in this Ordinance shall be construed
1021-1
CHAPTER X – NUISANCES & OFFENSES
to include the use of firearms or any other weapon when done in the lawful defense of persons,
property, family or the necessary enforcement of the law.
Section 1021.06: PENALTY. Any person violating any provision of this ordinance shall
be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more
than $1,000.00 or by imprisonment of not more than 90 days, or both, plus the costs of
prosecution in either case.
1021-2
______________________________________________________________________________
__________________________________________________________________________
AN ORDINANCE RELATING TO SEWER AND WATER CONNECTION CHARGES IN
LIEU OF ASSESSMENT
______________________________________________________________________________
__________________________________________________________________________
Section 1: In-Lieu-of-Charge Established. The City of St. Joseph has initiated the
2005 Sanitary Sewer, and Water Main extension for the Hill Street Improvement Project
(“Project”) which benefits certain properties located within the City of St. Joseph. In order to
arrive at a reasonable, fair and equitable distribution of the costs of the Project among the
properties which the Project has improved, the City hereby establishes a system of connection
charges known as “In-lieu-of charges” (also referred to as “Connection Charges”) to properties
which have not been specifically assessed for the cost of the Project in proportion to the front
footage of the Project which abuts such property, as well as to properties which have been
specifically assessed on a unit basis but which use on said property may intensify in the future
such that a charge equivalent to one or more unit charges is equitable.
Section 2: In-Lieu-of-Charge for Underdeveloped and Undeveloped Properties. The
following properties below have not been specifically assessed for the costs of the Hill Street
Improvement in proportion to the total square footage of the Project which abuts such property.
Upon development of said properties described below, each such property shall pay a
Connection Charge in the amount specified below prior to connecting any portion of such
property to the City’s sanitary sewer or municipal water system (collectively, “City Utilities”),
or, if such property has been otherwise permitted to connect to City Utilities, said Connection
Charges shall be paid prior to the time any additional connections shall be made to the City
Utilities.
The following Connection Charges shall apply to the following underdeveloped and
undeveloped properties listed below:
Owner of Record PID No. “In-Lieu-of Amount
Section 3: Connection Charge for Subdivision of Land: Connection charges shall
only arise when a tract of land as identified in ---.02 is subsequently divided or subdivided by
plat, or otherwise has a change in use from its current agricultural use to a non-agricultural use.
Connection charges shall be due and payable at the time of Final Plat of any subdivision; or at
application for, and prior to issuance of, a building permit in any instance where the use of the
land changes and the parcel is subdivided. Such Connection Charges when due and payable
may, in the discretion of the City, be specially assessed against the property to which said
Connection Charge applies.
1
a.Subdivisions with Outlots. In the event any portion of any parcel affected by this
section is subdivided into one or more outlots that are capable of further
subdivision and are otherwise reasonably suitable for future residential
development, Connection Charges shall not be due on such portions of property
until such time as said portions are replatted as non-outlots. In such event, the
Connection Charges detailed in Section 2 of this ordinance shall be applied to the
non-outlot portion of the property on a proportionate basis at the same ratio of the
total square feet of non-outlot property being platted or subdivided to the total
square feet of all property on any such plat or involved in such subdivision.
Section 4: Annual Adjustment of Connection Charges. The Connection Charge shall
be adjusted each year by City Council resolution in an amount to be determined by the City
Council, but said annual adjustment shall not exceed an increase of 3.5% per annum, nor shall
the cumulative annual increase in the Connection Charge exceed the cumulative annual
percentage change of the overall assessed market value for all residential properties in St. Joseph
as determined by the City’s Assessor as measured from the date this ordinance becomes effective
to the date payment of the Connection Charges for such property comes due.
Section 5: Existing lots of record which are further subdivided in the future. A
Connection Charge in the initial amount of $ ____________ shall become due prior to the
connection to City Utilities upon the further subdivision of any lot of record as identified in
Section 2. Said $ ____________ Connection Charge shall apply to each new lot created upon
which a principal use is established. The City Council may by resolution from time to time
increase or decrease said $ ________ Connection Charge consistent with the change in any
Consumer Price Index compiled by the US Government that the City deems appropriate.
Section 6: Severability. If the provisions of any section, paragraph, or sentence of
this Ordinance shall for any reason be held to be unconstitutional or invalid by any court of
competent jurisdiction, the provisions of the remaining sections, paragraphs, and sentences shall
nevertheless continue in full force and effect.
Section 7: Repealer. All ordinances, or portions of ordinances, in conflict herewith
are hereby repealed to the extent of such conflict.
Section 8: Effective Date. This Ordinance shall be in full force and effect from after
its passage and publication.
2
______________________________________________________________________________
AN ORDINANCE RELATING TO SEWER AND WATER CONNECTION CHARGES IN
TH
LIEU OF ASSESSMENT RELATING TO 2006 8 AVENUE IMPROVEMENT PROJECT
______________________________________________________________________________
Section 1: In-Lieu-of-Charge Established. The City of St. Joseph has initiated the
th
2006 Sanitary Sewer, and Water Main extension for the 8 Avenue NE Improvement Project
(“Project”) which benefits certain properties located within the City of St. Joseph. In order to
arrive at a reasonable, fair and equitable distribution of the costs of the Project among the
properties which the Project has improved, the City hereby establishes a system of connection
charges known as “In-lieu-of charges” (also referred to as “Connection Charges”) to properties
which have not been specifically assessed for the cost of the Project in proportion to the front
footage of the Project which abuts such property, as well as to properties which have been
specifically assessed on a unit basis but which use on said property may intensify in the future
such that a charge equivalent to one or more unit charges is equitable.
Section 2: In-Lieu-of-Charge for Underdeveloped and Undeveloped Properties. The
th
following properties below have not been specially assessed for the costs of the 8 Avenue NE
Improvement in proportion to the front footage of the Project which abuts such property. Upon
development of said properties described below, each such property shall pay a Connection
Charge in the amount specified below prior to connecting any portion of such property to the
City’s sanitary sewer or municipal water system (collectively, “City Utilities”), or, if such
property has been otherwise permitted to connect to City Utilities, said Connection Charges shall
be paid prior to the time any additional connections shall be made to the City Utilities.
The following Connection Charges shall apply to the following underdeveloped and
undeveloped properties listed below:
Description of Connection
Owner of Record PID No. Improvements Charges
Graeve, James & Mary Ann 8453430.050 Two Units $20,348.08
Water & Sewer
______________________________________________________________________
Wahlstrom, Robert & Ellen 8453430.082 One Unit $5,596.16
Sewer
______________________________________________________________________
Notch, Harvey & Nancy 8453530.000 One Unit $10,174.04
Water & Sewer
Section 3: Connection Charge for Subdivision of Land: Connection charges shall
only arise when a tract of land as identified in ---.02 is subsequently divided or subdivided by
plat. Connection charges shall be due and payable at the time of Final Plat of any subdivision; or
at application for, and prior to issuance of, a building permit in any instance where the use of the
land changes and the parcel is subdivided. Such Connection Charges when due and payable
1
may, in the discretion of the City, be specially assessed against the property to which said
Connection Charge applies.
a.Subdivisions with Outlots. In the event any portion of any parcel affected by this
section is subdivided into one or more outlots that are capable of further
subdivision and are otherwise reasonably suitable for future residential
development, Connection Charges shall not be due on such portions of property
until such time as said portions are replatted as non-outlots. In such event, the
Connection Charges detailed in Section 2 of this ordinance shall be applied to the
non-outlot portion of the property on a proportionate basis at the same ratio of the
total square feet of non-outlot property being platted or subdivided to the total
square feet of all property on any such plat or involved in such subdivision.
Section 4: Annual Adjustment of Connection Charges. The Connection Charge shall
be adjusted each year by City Council resolution in an amount to be determined by the City
Council, but said annual adjustment shall not exceed an increase of 3.5% per annum, nor shall
the cumulative annual increase in the Connection Charge exceed the cumulative annual
percentage change of the overall assessed market value for all residential properties in St. Joseph
as determined by the City’s Assessor as measured from the date this ordinance becomes effective
to the date payment of the Connection Charges for such property comes due.
Section 5: Existing lots of record which are further subdivided in the future.
Connection Charges in the initial amount of $4,577.88 per unit (sewer) and $5,596.16 (water)
shall become due prior to the connection to City Utilities upon the further subdivision of any lot
of record as identified in Section 2. Said Connection Charges shall apply to each new lot created
upon which a principal use is established. The City Council may by resolution from time to time
increase or decrease said Connection Charges consistent with the change in any Consumer Price
Index compiled by the US Government that the City deems appropriate.
Section 6: Severability. If the provisions of any section, paragraph, or sentence of
this Ordinance shall for any reason be held to be unconstitutional or invalid by any court of
competent jurisdiction, the provisions of the remaining sections, paragraphs, and sentences shall
nevertheless continue in full force and effect.
Section 7: Repealer. All ordinances, or portions of ordinances, in conflict herewith
are hereby repealed to the extent of such conflict.
Section 8: Effective Date. This Ordinance shall be in full force and effect from after
its passage and publication.
2
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AN ORDINANCE RELATING TO WATER CONNECTION CHARGES IN LIEU OF
ASSESSMENT
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Section 1: In-Lieu-of-Charge Established. The City of St. Joseph has initiated the
2006 Trunk Watermain Improvement Project (“Project”) which benefits certain properties
located outside the City of St. Joseph as described in the 2006 Trunk Water Main Improvements
Feasibility Report, December 1, 2006. In order to arrive at a reasonable, fair and equitable
distribution of the costs of the Project among the properties which the Project has improved, the
City hereby establishes a system of connection charges known as “In-lieu-of charges” (also
referred to as “Connection Charges”) to properties which have not been specially assessed for the
cost of the Project in proportion to the front footage of the Project which abuts such property.
Sanitary Sewer Connections Charges, not identified with this ordinance, may also be established
for such properties identified by this Ordinance, and may be established in the future through a
special assessment process or by an “In Lieu of Charge”. Said connection change does not
include water or sewer availability charges which will additionally be applied to the property
upon connection to the City sanitary sewer or municipal water system.
Section 2: In-Lieu-of-Charge for Properties Connecting to the Project. The following
properties below have not been specially assessed for the costs of the Project in proportion to the
front footage or area of the Project which abuts such property. Upon connection of said
properties described below to the Project, each such property shall pay a Connection Charge in
the amount specified below prior to connecting any portion of such property to the City’s
sanitary sewer or municipal water system (collectively, “City Utilities”), or, if such property has
been otherwise permitted to connect to City Utilities, said Connection Charges shall be paid prior
to the time any additional connections shall be made to the City Utilities. Such Connection
Charges when due and payable may, in the discretion of the City, be specially assessed against
the property to which said Connection Charge applies.
The following Connection Charges shall apply to the following properties listed below:
Description of Connection
Owner of Record PID No. Improvements Charges
One unit $4500.00
James W. & Joanne M. Leuthardt 31.20689.000 Water
One unit $4500.00
Firmin S. & Magdalen Krupa 31.20690.000 Water
Section 3: Connection Charge for Subdivision of Land: Connection charges shall
only arise when a tract of land is subsequently divided (i.e. administrative split) or subdivided by
plat, or otherwise has a change in use from its current use. Connection charges shall be due and
payable at the time of Final Plat of any subdivision; or at application for, and prior to issuance of,
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a building permit in any instance where the use of the land changes and the parcel is subdivided.
A Connection Charge in the amount of $4,500.00 shall become due prior to the connecting to the
Project. Such Connection Charges when due and payable may, in the discretion of the City, be
specially assessed against the property to which said Connection Charge applies. Connection
Charges shall apply only to lots that connect to the Project via service stub connection.
Properties connecting to the Project via a water main connection shall pay a Trunk Water Main
Charge as established in the 2006 Trunk Water Main Feasibility Report, December 1, 2005.
Trunk Water Main Charges shall be applied to all subdivided land benefiting from the trunk
water main according to the Feasibility Report. Trunk Water Main Charges shall be
incorporated into the Development Agreement at the time of Final Plat.
a.Subdivisions with Outlots. In the event any portion of any parcel affected by this
section is subdivided into one or more outlots that are capable of further
subdivision and are otherwise reasonably suitable for future residential
development, Connection Charges shall not be due on such portions of property
until such time as said portions are replatted as non-outlots. In such event, the
Connection Charges detailed in Section 2 of this ordinance shall be applied to the
non-outlot portion of the property on a proportionate basis at the same ratio of the
total square feet of non-outlot property being platted or subdivided to the total
square feet of all property on any such plat or involved in such subdivision.
Section 4: Annual Adjustment of Connection Charges. The Connection Charges
shall automatically increase by 3.5% per annum. The cumulative annual increase in the
Connection Charge shall not exceed the cumulative annual percentage change of the overall
assessed market value for all residential properties in St. Joseph as determined by the City’s
Assessor as measured from the date this ordinance becomes effective to the date payment of the
Connection Charges for such property comes due. The City Council may by resolution from
time to time increase or decrease said $4,500 Connection Charge consistent with the change in
any Consumer Price Index compiled by the US Government that the City deems appropriate.
Section 5: Properties which are further subdivided in the future. A Connection
Charge in the amount of $4,500.00 shall become due prior to the connection to the Project upon
the further subdivision of property that benefits from the Project. Said $4,500.00 Connection
Charge shall apply to each new lot created upon which a principal use is established and
connects to the Project.
Section 6: Severability. If the provisions of any section, paragraph, or sentence of
this Ordinance shall for any reason be held to be unconstitutional or invalid by an court of
competent jurisdiction, the provisions of the remaining sections, paragraphs, and sentences shall
nevertheless continue in full force and effect.
Section 7” Repealer. All ordinances, or portions of ordinances, in conflict herewith
are hereby repealed to the extent of such conflict.
Section 8: Effective Date. This Ordinance shall be in full force and effect from after
its passage and publication.
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