HomeMy WebLinkAbout[05] Ordinance Amendments 502 and 505
Planning Commission Agenda Item 5
MEETING DATE:December 9, 2019
AGENDA ITEM:Public Hearing, Ordinance Amendments
SUBMITTED BY:Community Development
STAFFRECOMMENDATION: Approve Amendments to Ordinance 502 & 505.
PREVIOUS PLANNING COMMISSION ACTION:During the last several months, the Planning
Commission has discussed and reviewed how rental regulations are governed in the zoning ordinance
recommending more flexibility in allowing rentalsin residential districts. Furtheramendments were
reviewed during your recent meetings in October and November.
BACKGROUND INFORMATION:This memo attempts to address changes proposed within the
zoning and rental ordinances related to definitions, permitted, conditional, and interim uses, off-street
parking, housing and rental requirements, and clean up language and clarification language related to
simplifying, consistencies and redundancies.
The Planning Commission initiated studying rental regulations due to the number of conditional and
interim use permit requests for rentals being submitted and since it had been a number of years since it
was last reviewed. This was an opportunity to review ordinances that may need updating due to changes
related to community needs, intent, clarity, and relevance. The following highlights proposed
amendments within the zoning ordinance and rental ordinance:
Rules and Definitions
Addeddefinitions forautomobile shop, automobile repair –major and minor, convenience store,
drive-through facility, and amendeddefinitions for apartment, multiple family dwelling, family,
parking space, planned unit development, and rooming house.
Off-Street Parking
Amended General Parking Provisions.
Added recreational vehicle and trailer section.
Amended off-street loading section.
R-1, R-2 and R-4 Residential Districts
Removed licensed day care centers serving 13 or more persons and residential group care
facilities with seven or more boarders as a conditional use in the R-1 District.
Removed restrictions on rentals.
Amended rear yard setback to 30 feet for principal structure and 20 fee for decks, patios, open
and screened porches.
502 & 505 Ordinance Amendments
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B-1 (downtown) District
Removed setbacks in B-1 (downtown) district, except maintained current setback of 20 feet when
abutting a residential district.
Removed motor vehicle service station, and auto repair shops as conditional use in the B-1
District.
Added specific language related to landscaping and waste handling for clarity.
Amended interim use permit section for single family rentals.
B-2, B-3 & EE Districts
Re-formatted permitted uses and building framing and materials section.
Added minor automobile repair as a permitted use.
Relocated gas stations, convenience stores, hotels and motels from conditional to permitted use.
Amended interim use permit section for single family rentals for B-2 District.
Removed requirement for all building permits to be reviewed by Planning Commission in the EE
zone.
Added building materialsin the EE Districtto be consistent with the B-1 District, except for
outbuildings.
Ordinance 505Housing and Rental Ordinance
Prepared new ordinance utilizing the current ordinance and reviewing area cities standards.
ATTACHMENTS:Request for Planning Commission Action
Proposed Zoning Ordinance 502 Amendments
Proposed Ordinance 505 Amendments
Current Ordinance 505
REQUESTED PLANNING COMMISSIONACTION:
Motion 1: ApproveZoning Ordinance 502 Amendments.
Motion 2: Approve Ordinance 505 Amendments.
502 & 505 Ordinance Amendments
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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:
AccessoryApartment. 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.
cu '.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- -Accessory Use. A use naturally and normally incidental to, subordinate to, and
auxiliary to the principal permitted use of the premises.
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.
S -u - --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.
Apartment. A multi -family building containing dwelling units in a stacked
configuration having common walls and floors/ceilings. room ^r shite of,.,,,,ms loea4ea i one e
two family stmetufe ar- a mitiple dwelling, whieh shall ineltide a bath a -Rd kitehe
aeeommodmions intended or- designed for- use as an independen4 r-esidenee by a single family of
: Assisted Living. A facility that provides daily assistance and long-term
residence for disabled or elderly individuals. This includes a combination of housing, supportive
502.04-1
ORDINANCE 502 – ZONING ORDINANCE
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.
Automobile Repair Shop. A shop or place of business for repair and maintenance SHOP:
of automobiles, trucks and other automotive equipment. Salvage and junk shall not be kept,
stored or worked on in an auto repair shop.
Automobile Repair - Major. General repair, rebuilding or reconditioning engines, motor
vehicles or trailers, collision service, including body, frame, or fender straightening or repair,
overall painting or paint job; vehicle steam cleaning. This business performs structural and
cosmetic repairs to autos, light trucks, and equipment of 14,000 pounds GVW and less. Allowed:
Body repair and painting„ frame and/or unibody straightening __ and nd repair, _lag ss replacement,
sandblasting and/or steam cleaning, undercoatingor r rust proofing, upholstery work, washing,
cleaning and polishing.
Automobile Repair – Minor. A business that performs mechanical and electrical repairs
to autos, light trucks, and equipment 14,000 pounds GVW and less. Allowed activities include
minor repairs, incidental body and fender work, minor painting_ a�pholstering, tune ups and
adjustments, replacement of parts (excluding body and frame), rebuilding of parts or components
when installation is available, wheel alignment and balancing, tire ire repair, radiator repair,
washing, cleaning and polishing but specifically excluding any operation specified or implied
under the definition of "Automobile Repair - Major."
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. 4-O=Basement/Cellar. A story having part but not more than one-half its height
above the average level of the adjoining finished grade.
Sttbd. HE 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.
ctt"�2—.-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.
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ORDINANCE 502 — ZONING ORDINANCE
Sttbd.43: Boarding House or Rooming House. See Lodging House.
c��'�4=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.
ped -45: Buildable Area. That part of the lot remaining after required yards have been
provided.
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.
Su 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.
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.
Sti 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
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.
S4d. 20=Carport. A structure having a roof supported by columns but not otherwise
enclosed and which is permanently attached to a dwelling.
Sod. 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.
ct�22.: Clear -cutting. The removal of an entire stand of vegetation.
S,�23.: Comprehensive Plan. When referred to in this Code shall mean, The
Comprehensive Plan of the City of St. Joseph.
ped. 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.
pubd. 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
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ORDINANCE 502 — ZONING ORDINANCE
particular locations, a conditional use permit may be granted.
Convenience Store. A retail store that is limited in area thateg nerally carries a reduced
inventory of a variety of items such as dairy products, minor automobile related items, groceries,
novelties, magazines, etc. A convenience store may be combined with vehicle fuel sales where
permitted.
bbd. 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.
ct�'�7Day Care Group FacilitX: 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.7 9- 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.
r„b d.72°.- 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.
Drive -Through Facility. An establishment (principal or accessory)at which patrons
may purchase products or receive service without having to leave the motor vehicle. A motor
fuel station is not considered to be a Drive -Through Facility.
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.
c --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.
C2 --.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.
Dwelling — Multiple Family. A building designed with three (3) or more
dwelling units exclusively for occupancy by three (3) or more families living independently of
each other, but sharing hallways, stairs, building entrances and exit and/or other common
elements. A building ttsed or intendedto be used a a dwelling by throe or more families, wtie, o
502.04-4
ORDINANCE 502 - ZONING ORDINANCE
11 W
Subd. -3-5---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.
Subld. 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.
Sttbd. --3-K=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. An individual or two (2) or more persons each related to the other by
blood, marriage, domestic partnership, adoption, le _ ag_l 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.
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.
502.04-5
11
IN
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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.
502.04-5
ORDINANCE 502 – ZONING ORDINANCE
X41 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. 42Fence: Any partition, structure, wall or gate (including the use living material
such as trees or shrubs) erected as a dividing mark, barrier or enclosure.
43—.Flood. A temporary rise in stream flow or stage that results in inundation of
the area adjacent to the channel.
Sob d. 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. 4-5. 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.A-6—.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—:Ematage. 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.
cubd. 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.
cti'.4TGarage, 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.
S4d. 50t 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
commodities on or in such vehicles, but not including special facilities for the painting, major
repair or similar servicing thereof.
ctt'� 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.
502.04-6
ORDINANCE 502 — ZONING ORDINANCE
ci27---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.
Sttbd. -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.-5-5: Hydroph is Ve etg ation. 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.
Sttbd. 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--5-7-Independent LivingFcility. 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.
Ste°: Intensive vegetation clearing, The complete removal of trees or shrubs in a
contiguous patch, strip, row or block.
Stibd. 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.
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.
Land Disturbing or Development Activities. Any change of the land surface
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.
502.04-7
ORDINANCE 502 — ZONING ORDINANCE
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.
S,dbd. 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.
Lot, Buildable. A buildable lot is that square footage required by this zoning
Ordinance for a particular zone.
Lot, Corner. A lot situated at the intersection of two or more streets_-4he
„ger-ie,.., Bio of stie , inter-seet o not o edinl, 135 degrees
Stibd. 69: Lot, Coverage. The part or percentage of the lot occupied by buildings or
structures, including accessory building structures.
Sttbd. 70t Lot Depth. The mean horizontal distance between the front and rear lot lines.
Subd. 7z : Lot, Double Frontage. A lot having a frontage on two non -intersecting streets,
as distinguished from a corner lot.
Subd. 71=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.
Sttbd. 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-T4: 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.
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.
502.04-8
ORDINANCE 502 — ZONING ORDINANCE
Siibd.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.
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. '17 91: 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.
O= 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.
S,dbd. 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.
Sti 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.
Subdue=Motel. See Hotel.
Sobd. 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
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
502.04-9
ORDINANCE 502 — ZONING ORDINANCE
garage or other structure in residential districts or two unlicensed motor vehicles not including
farm implements within a farm in the agricultural.
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.
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.
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.
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.
c��"�TOffice Building. A building designed or used primarily for office purposes, no
part of which is used for manufacturing or for dwelling.
Subd.0: 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.
Subdue—.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.
Sttbd. Space. An area enclosed in the main building, in an accessorX
building, or unenclosed sufficient in size to store one (1) automobile which has adequate access
to a public street or alley and permitting satisfactory ingress and egress of an automobile. A
,
. . . g an area of not less than 171 squar-e feet, exeittsive of a durably sur-faeed drive wa
connecting the par -king space with a street or alley and permitting satisfactory ingress and egress
of an automobile.
=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.
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.
Subd. 45 -.--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
502.04-10
ORDINANCE 502 — ZONING ORDINANCE
section prescribing a penalty or fine, it shall include partners, associates, or members of a
corporation, who are responsible for the violation.
Planned Unit Development. A type of development which may incorporate a
variety of land uses planned and developed as a unit. The planned unit development is
distinguished from the traditional subdivision process of development in that zoning standards
such as density, setbacks, height limits, and minimum lot sizes may be altered by negotiation and
agreement between the developer, the municipality, and the Commissioner of Natural Resources
as may be required.
developmen4 where in two or- fner-e buildings may be leeated in relationship to eaeb other- r-athe
than to lot lines or- zoning district boundaries.
Subd. 47 incipal Use. The main use of land or buildings as distinguished from
subordinate or accessory uses.
Sttbd. 48--. perty 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.
Public Waters. Any waters as defined in Minnesota Statutes, Section 105.37,
subdivisions 14 and 15.
Sttbd. 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. A building or structure providing a room or rooms intended
for living and sleeping to persons in the status of tenant. This term shall include fraternity houses
and sorority houses, but does not include hotels, motel, or hospitals.
establishment means any building or- pei4ion thereof eentaining not more than five g+tests rooms
intended of designed to be used, of whieh afe used, r-ented, hifed etA to be eeeupied, of Whieh af-e
oeeepied for- sleeping pttfpeses by guests �qf a period of less than 30 eentit+uetis days
Stib . ' 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. ' 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.
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ORDINANCE 502 — ZONING ORDINANCE
Sttbd. 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
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. 107t Sin. 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.
S4d. 108: Stable. A building accommodating one or more horses.
=Std. 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.
Su Street. All property dedicated or intended for public street, highway, freeway
or road -way purposes and subject to public easements therefore.
�'�2Street — 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.
c„bd. 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.
Su 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.
Stib . ' 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.
502.04-12
ORDINANCE 502 — ZONING ORDINANCE
Sttbd. 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.
Su 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.
Stib . ' Vacation. The act of relinquishing a recorded dedication or easement as in a
street right-of-way, utility easement, etc.
Sttb .'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.
Stib . 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.
cubd.12 1! Watercourse. A channel or depression through which water flows, such as
rivers, streams or creeks and may flow year around or intermittently.
Stib ."Watershed. The area drained by the natural and artificial drainage system,
bounded peripherally by a bridge or stretch of high land dividing drainage areas.
cubd. 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.
Sub 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.
Stib . 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.
502.04-13
ORDINANCE 502 — ZONING ORDINANCE
Section 502.10: OFF STREET PARKING
Subd. 1: Purpose and 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.
502.10-1
ORDINANCE 502 — ZONING ORDINANCE
g) Where a use is not specifically mentioned, off-street parking requirements shall be
the same as for similar use.
h) In the B 1, 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 this
Ordinance. , said buildings or- uses are withi
350 root of the pa -king
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.
1) Curb cut openings, driveways, parking lots 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) All off-street parking and loading spaces, together with driveways, aisles and
other circulation areas, shall be Driveways in residentialareas which abut a h ra
stir-faee roadway ,rest be eenstfueted of a hard surface constructed cog of
concrete, bituminous, or paver stone. designed to dr-ain and dispose of surrfaee'
502.10-2
ORDINANCE 502 — ZONING ORDINANCE
o) All parking and loading areas shall provide for proper drainage of surface water to
prevent the drainage of such water onto adjacent properties and walkway
P) Parking or the storage of any vehicles is not allowed on grassy or landscaped
areas except as specified in this Ordinance for recreational vehicles and trailers.
Q) The outside parking of unlicensed and/or inoperable vehicles and trailers shall be
prohibited.
r) Weight Restriction: Off-street parking in residential districts shall be used only
for parking vehicles of under fourteen (14,OOO) pounds gross weight.
S) Ten percent (10%) of the impervious, interior parking area, excluding
maneuvering areas shall be landscaped islands, rain ,gardens or otherrg een spaces
for parking lots with over fifty (50) parking spaces in addition to perimeter
landscaping,
t) Maintenance: The owner of any parking or loading area shall maintain the area in
good condition without holes and free of all dust, trash and other debris.
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, 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 lafge
than 140 s e root shall be eonsider-ed as two l wird,,,,, f the pur-pose „�
detennining the total number of bedrooms within a dwelling. Fractional fmfnber-s
shall be r-ounded up to the fi&E4 highest whele fioffiber-.
502.10-3
ORDINANCE 502 — ZONING ORDINANCE
c) Multi -Family Dwellings (R-3.. Two spaces per living unit.
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 assemblX. 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 (1) space for each six (6) beds and one (1) 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 (1) 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.
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 alleX. At least five (5) parking spaces for each lane.
1) 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.
502.10-4
ORDINANCE 502 — ZONING ORDINANCE
q) Car wash. (In addition to required stacking space.)
Automatic drive through, serviced. Ten (10) spaces per bay for stacking
purposes plus one (1) 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
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
502.10-5
ORDINANCE 502 — ZONING ORDINANCE
pefmitted or- required sueh off stfeet par -king shall be eonstfueted and Maintained
subject to the following regulations:
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c) Adequate ingress and egress shall be provided.
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
502.10-6
ORDINANCE 502 — ZONING ORDINANCE
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').
1) Parking Lot. Parking lot dimensions are set forth in the table below. Circulation
patterns shall allow adequate room for emergency vehicles.
Angle
Standard
Depth
Depth to
Aisle
Wall/wall Interlock
module Module
traffic flow
stall width
to wall
interlock
width
90 dy,2-way
9'
17.5'
17.5'
26'
61' 61.0
60 de 2�-way
9'
18.0'
16.5'
26'
62' 59.0
75 de 1-wa
9'
18.5'
17.5'
22'
59' 57.0
60 de _ 1 -way
9'
18.0'
16.5'
18'
S4' 51.0
1) 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) Strip. 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.
502.10-7
ORDINANCE 502 — ZONING ORDINANCE
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: Parkiniz 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) Parking pads shall be easily accessible from an improved driveway. The drivewaX
approach to the additional off street parking pad and the parking pad shall be
concrete, asphalt, stone, or pavers. Gravel is not permitted for parking ads. Any
off street par -king facilities to residential uses shall featum improved surfaces as
defined i this n, -,1;n. nee and sha l be made , ai4 of or- .,,1;. eent to the existing
driveway shall be defined as a private way for- vehieles leading f�om a p4lie
right of way to an off street par -king f4eility.
b) Parking_pads shall not encroach onto drainage and utility easements.
502.10-8
•
I
MAN
502.10-8
ORDINANCE 502 — ZONING ORDINANCE
dc) In no circumstances shall the site coverage exceed the maximum impervious
surface allowed for each specific zoning district. , Single Family Zoning
502.30 subd. 9(b) of this code.
d) No person shall construct a parking pad without first making application for and
securing a parking pad permit from the City and said permit shall expire ,180)
days after the day of issuance. All fees paid under a lapsed permit shall be
forfeited to the City.
Subd. 8: Recreational Vehicles and Trailers:
a) Up to two licensed and operable recreational vehicles and trailers may be parked
outside on your lot in a residential district provided the following conditions are met:
1. The recreational vehicle or trailer is narked on the drivewav or narkiniZ Dad
except that up to one recreational vehicle or trailer may be parked on the grass or
ground surface in the rear .provided it is at least ten (10) feet from the rear
and side (interior) property lines and twenty (20) feet from the side (corner)
property line. A boat, snowmobiles, ATV's, jet skis, and similar vehicles on a
trailer shall be considered one recreational vehicle.
2. The recreation vehicle or trailer must be parked a minimum of ten (10) feet
from the back of the curb or roadway.
3. The recreational vehicles or trailer is not permanently affixed to the ground in a
manner that would prevent its removal.
4. The recreational vehicle or trailer is not partially dismantled or used for sale or
parts.
5. The recreational vehicle or trailer is registered to the property owner or
occupant on which the recreational vehicle or trailer is stored.
6. The trailer is a noncommercial utility trailer.
7. Recreational vehicles and trailers shall not be utilized for storage ofog ods,
materials or equipment other than those items considered to be part of the unit or
essential for its immediate use.
8. Recreational vehicles and trailers shall not be used as a living quarter while
stored/parked on a residential property.
Subd. 9: Off -Street Loading. On the same premises with every building devoted to retail
trade, retail and wholesale food markets, warehouses, supply houses, wholesale or manufacturing
trades, laundry, dry-cleaning establishments or other buildings which do not rely primarily on
railroad transfer and where large amounts of goods are received or shipped, erected in any
502.10-9
ORDINANCE 502 — ZONING ORDINANCE
district after the effective date of this Ordinance, loading and unloading space shall be provided
as follows:
a) B-2 and B-3 Business Districts: In B-2 and B-3 business districts two (2
street loading and unloading spaces may be provided for each store unit having a
gross area of ten thousand (10,000) square feet. One additional space shall be
provided for each additional fifteen thousand (15,000) square feet of floor space.
b) Industrial Districts: In industrial districts, the use of any building requiring
loading or unloading of materials to and from trucks may require two (2
street loading spaces for the first ten thousand (10,000) square feet of floor space
for each additional fifteen thousand (15,000) square feet of floor space.
Distance from Residential Uses and Districts: No required off-street loading sace
shall be less than one hundred feet (100') from any residential use or district
boundary line.
d) Screening: All loading areas shall be screened with screening walls and
landscaped from abutting and surrounding residential uses and districts. The
screening walls must be constructed of permanent material and finish and in a
color compatible with the principle structure.
Amended 10/2018
502.10-10
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Amended 10/2018
502.10-10
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
b) Parks and playgrounds.
C) Horticulture, not to include the retail sale of products.
d) State licensed residential facility or a housing with services establishment
registered under chapter 144D serving six or fewer persons; licensed dam
facility serving twelve (12,) or fewer persons; group family day care facility
licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve fourteen
(14) or fewer children, except those residential facilities whose primary purpose is
to treat juveniles who have violated criminal statutes related to sex offenses or
have been adjudicated delinquent on the basis of conduct in violation of criminal
statutes relating to sex offenses shall not be permitted. T ieensva r-esiden4ial ,.,.oup
eafe f4eility with 1,300 feet between it and a similaf f4eility a -ad not to exeeed six
mss.
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.
e) Public libraries.
502.30-1
ORDINANCE 502 — ZONING ORDINANCE
f) Public and private schools. p idea that the loeation and off street p.,,.king
been reviewed and approved by the Planning Commission-.
g) Religious Institutions, including churches, s, iagogues, chapels and temples
including those related structures located on the same site which are an integral
part of the church proper, convents or homes for persons related to a religious
function on the same site. of a religious elee -,,,s. nm y o,.i,;lanthr-opie ,,.,tufo
h) Nurseries and greenhouses.
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.
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.
S4d. 5: Wer-im Uses. The following are interim Uses allowed by per -mit based upon the
502.30-2
ORDINANCE 502 - ZONING ORDINANCE
502.30-3
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502.30-3
ORDINANCE 502 — ZONING ORDINANCE
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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:
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.
502.30-4
ORDINANCE 502 — ZONING ORDINANCE
C) Rear yard setback shall be thirty (30) feet from the property line, except that
decks, patios, open and screened porches part of the principal structure shall be setback a
minimum of twenty (20) feet from the rear yard property. line. ^ depth of not less
than 20 per -cent of the dopa, 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 exeee shall exceed 35 feet in height. Bo,.... ing the building
does not allow a btfilding to be eensti-deted higher- tha-H 35 feet. Elevation for the
building shall be determined by the average grade of the land.
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 I st.
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) Any principal use or structure permitted and regulated in the R-1 District, except
as hereinafter modified. c;r"lo rn,,,ily dwellings, o ee upiedas defined i this Or -di anee
b) Two family dwellings, owner- oeeepied. For the pttFpose of determining if the
owners must oeeupy the pr-opet4y as their- pr -i , ipa r-esiden "
C) Paf-ks and playgr-ounds.
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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, i,,... eve that the afea and le .a4io,, of any
Planning Commissio*,
h) Religious Institutions, including Echurches, synagogues, chapels and temples,
including those related structures located on the same site which are an integra
part of the church proper, convents or homes for persons related to a religious
function on the same site.
}i) Nurseries and greenhouses.
Ij) Bed and breakfast.
mk) Uses which in the judgment of the Planning Commission and City Council are
similar to those listed in this zoning district.
pl) 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.
502.34-2
ORDINANCE 502 — ZONING ORDINANCE
g) Signs as regulated in this Ordinance.
Subd. 5: Lot Area Requirements.
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:
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 setback shall be thirty (30) feet from the property line, except that
decks, patios, open and screened porches part of the principal structure shall be setback a
minimum of twenty (20) feet from the rear property line. hm,e ^ depth of not less than 20 ^ort
of the depth of the let.
d) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
502.34-3
ORDINANCE 502 — ZONING ORDINANCE
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.
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 502.50: 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) Delicatessen, fruit, vegetable and meat stores.
m) --Farmers market. Notification and the submittal of a plan to the Planning
Commission is required.
mn) Financial institutions, including insurance companies.
no) Florist.
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.
z) Musical instrument stores.
as Parks and Open Spaces.
zbb) Pet shops, excluding kennel services.
-aacc) Photograph sales and repair.
bbdd) Record and video stores.
eeee) Restaurants, coffee shops, excluding drive-in service.
4dff) Sporting goods stores.
eegg) Postal facilities
f bh) 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.
502.50-2
ORDINANCE 502 – ZONING ORDINANCE
b) Convenience stores, excluding fueling facilities.
C) State licensed day care and nursery school facilities provided that:
1. 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.
#)eh—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)fL_Hotels, Motels, Lodge.
h)g)_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: Building Location/Setback Requirements. Buildings shall be set close to the
street with parking behind or on the side of the building except that the setback is twenty (20)
feet from a residential district.
502.50-3
ORDINANCE 502 — ZONING ORDINANCE
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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).
502.50-4
ORDINANCE 502 — ZONING ORDINANCE
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
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) Landscaping Plan. The landscaping, upon any building site or lot, must be carried
out in accordance with a landscaping plan prepared b. an experienced landscape
professional which will be reviewed and approved by the City before construction
on a lot. All areas of a lot not occupied by buildings, parking and loadingaeas,
drives, walkways, or other permitted structures must be landscaped with trees,
shrubs, grass and other planted ground cover approved by City Staff.Befer-e the
Dist-r-ilet must have a landseape plan appr-eved by the Planning Commis
b) Landscanina Methods and Material. Landscabina may include seeding. soddin
raised planters, architectural decorative walls or fencing, trees and shrubs, ground
cover and other landscape materials including rain gardens. Plant material
selection will take into consideration disease and insect resistance, hardiness to
the area, the ability provide seasonal interest and future maintenance
considerations. Native species are preferred. The following species will not be
allowed: Box Elder, female Ginkgo, Willow and Cottonwoods.
c) Waste Handling Screening. All waste and recvcliniz areas must be either stored in
the principal building or stored in a four (4) sided enclosure at a minimum of five
(5) feet in height constructed of brick, stone, decorative concrete material or a
material comparable and compatible with the material of the principal building.
Waste handling areas should be shared between lots and buildings to the extent
possible to minimize their impact and must be located on the rear of sides of
buildings to minimize visibility from roadway changes to trash handling
areas once a building is constructed must comply with this Ordinance and requires
approval by the City.
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502.50-5
ORDINANCE 502 — ZONING ORDINANCE
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) Single-family Rresidential dwelling units in areas that have been rezoned to
commercial from residential shall be allowed an interim use permit as a rental unit
for a speei iElimited period of time to allow for the transition in the change in use
to commercial as permitted in this Ordinance. When a majority, of the
surrounding property is a commercial use, single family rental dwellings shall
transition to a permitted use in compliance with this Ordinance. 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) The maximum term for an interim use permit shall be five years but may be less
as approved by the governing body.
d) The interim use permit shall not be transferable if the property is sold.
0) in requesting sueh an interim rental use, the landowner- agrees to any eonditio
that then g body dooms appropriate f po,-m issi ,,, of the , and agrees
that the use will tefminate at the designated date fef tefmination of the inter-iffl.
502.50-6
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) Any use permitted in the B-1 District
b) Automobile repair- minor
C) Convenience store
C) Funeral home
d) Gasoline service station
e) Grocer store
tore
f) Hardware store
g) Motel and hotel
h) Movie (not the drive-in type) and Performing Art Theater
i) Places of worship
j) Retail shop and store
k) Veterinary clinic
1) Other use determined by the Planning_ Commission to be of the same character as
contained in this Subdivision
502.54-1
ORDINANCE 502 — ZONING ORDINANCE
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5. Diseount ('Big Box') retail stores
ti. Retail apparel stores
v
7 Flower- shops
502.54-2
ORDINANCE 502 — ZONING ORDINANCE
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:
1. 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
100 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 &r -in -between the
hours of 7 am and 9 pm.
502.54-3
ORDINANCE 502 — ZONING ORDINANCE
7. The use is subject to the noise ordinance.
8. No exterior kennels will be permitted.
9. There shall be no breeding mor sales of animals.
Amended 6/2018
3. Wher-ever- ftiel pumps afe to be installed, pump islands shall be installed.
Eb) Office warehousing.
dc) Lawn and garden temporary sales area.
ed) Lumber yards and home improvement retail centers.
fe) New or used auto dealerships.
gf) Stone masonry building material sales and service.
hg) Recreational vehicle sales and services.
ih) Transportation terminals, public utility and transfer stations, without storage
yards.
}i) Equipment Services.
Radio and television shops
502.54-4
ORDINANCE 502 — ZONING ORDINANCE
2. Appliance repair shops
3. Appliance show rooms
k) Recreational Services.
2. Bowling establishments
3. Clubs and lodges
nlc) 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.
el) 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.
P) Ce ued th
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502.54-5
ORDINANCE 502 — ZONING ORDINANCE
fm) 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.
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:
502.54-6
ORDINANCE 502 — ZONING 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.
Single-familyRresidential dwelling units in areas that have been rezoned
to commercial from residential may by eligible for- a shall be allowed an
Interim Use Permit as a rental unit for a speei€iElimited period of time to
allow for the transition in the change in use to commercial as permitted in
this Ordinance. When a majority of the surrounding property is
commercial use, single family rental dwellings shall transition to a
permitted use in compliance with this Ordinance. The maximum density
for rental units under the Interim Use Permit shall be limited to the density
which is allowed in the R -I Single Family Residential District.
2. The Interim Use as a rental shall be obtained through the interim use
procedures set forth in this Ordinance.
3. The maximum term for an interim use permit shall be five years but maX
be less as approved by the governing body.
4. The interim use permit shall not be transferable if the property is sold.
eonditions that the goveming body deems appropriate for- pet:fflission o
the use a-nd agfees that the use will tefminate at the desigiiated date fe
tet:mination of the interim use.
Subd. 7: Setback Requirements.
a) Lot Size. Minimum lot size is 10,000-32,670 square feet .75 Acrewith a
minimum width of 100 feet., exeept lots plaRed r to 1950.
502.54-7
ORDINANCE 502 — ZONING ORDINANCE
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. Setback shall be twenty (20) feet from the lot line.
d) Side yard. Setback shall be ten (10) feet from the interior lot line, fifteen ,15, feet
from the corner lot line, and 35 feet if abutting a residential lot line. 94he
pr-epei4y's side yard is adjaeent to County Sta4e Aid Highway 75, the sethaek sh
costo Buba rthisSection.
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 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) Framing Types: Concrete block or masonry framing systems are preferred. Tilt up
framing, Post and Frame and/or steel construction are allowed as longas s any
structure has a contiguous masonry frost -free foundation.
502.54-8
ORDINANCE 502 — ZONING ORDINANCE
d) Building Exteriors. The following are permitted exterior materials:
1. Pre -finished standingseam eam architectural metal panels, with a minimum twenty
(20) year manufacturer color -fast warranty utilizing concealed fasteners., may be
used as a eenstfuetien material.
2. Brick or face brick,
3. Decorative architectural precast concrete masonry units. Concrete masonry
units shall have indented, hammered, split face finish or other similar architectural
finish and be integrally colored. Lightght concrete block or cinder block
construction is prohibited,
SUOMI]
5. Natural or cut stone such as granite, marble, limestone, slate, river rock and
other durable naturally occurring weather stone,
6. Stucco
7. Glass curtain walls provided they are designed as non -load bearing exterior
walls supported in a metal framework,
8. Vinyl or steel lap siding
9. Any other material approved by the City Council, including but not limited to
fiber cement or other composite materials found to be of comparable or superior
durability which mimic the appearance of other approved materials.
10. Portions of the building shall feature divisions in materials. separate
entrances/entrance treatments, variations in rooflines and/or variations in building
setbacks. A minimum of thirty (30) percent of all four sides of the exterior,
exclusive of windows and doors, shall be constructed of one or a combination of
the following materials: brick, face brick, natural stone or cut stone, or stucco.
502.54-9
.�
502.54-9
ORDINANCE 502 — ZONING ORDINANCE
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, ventilations fair 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) Landscapes. In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
Amended 9/2018
502.54-10
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) Any use permitted in the B-2 District.
b) Medical Research Laboratory.
502.58-1
ORDINANCE 502 — ZONING ORDINANCE
I oc) Office parks.
r-) Reeefd and video stores.
Sj
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.
2. Bowling establishments
3. Clubs and lodges
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. 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.
502.58-3
ORDINANCE 502 — ZONING ORDINANCE
d) Signs which meet the criteria of this Ordinance.
Subd. 5: Lot Size. Minimum lot size is 10;000-32,670 square feet L75 Acre 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 interior lot line, fifteen (15) feet
from the corner lot line, and 35 feet if abutting a residential lot line. if the
pr-epei4y's side yard is adjaeent to County Sta4e Aid Highway 75, the sethaek sh
eenfefm to Subd. 6(a) ef this Seetion.
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. 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) Framing Types: Concrete block or masonry framing systems are preferred. Tilt up
framing, Post and Frame and/or steel construction are allowed as longas s any
structure has a contiguous masonry frost -free foundation.
502.58-4
ORDINANCE 502 — ZONING ORDINANCE
d) Building Exteriors. The following are permitted exterior materials:
1. Brick or face brick,
2. Decorative architectural precast concrete masonry units. Concrete masonry
units shall have indented, hammered, split face finish or other similar architectural
finish and be integrally colored. Light weight concrete block or cinder block
construction is prohibited,
3. Wood
4. Natural or cut stone such as granite, marble, limestone, slate, river rock and
other durable naturally occurring weather stone,
5. Stucco
6. Glass curtain walls provided they are designed as non -load bearing exterior
walls supported in a metal framework,
7. Vinyl or steel lap siding_,
8. Pre -finished architectural metal panels with concealed fasteners when utilized
for accent and/or architectural components of buildings such as the entry or entry
appendage not to exceed 15% of the exposed wall area of the building.2
9. Any other material approved by the City Council, including but not limited to
fiber cement or other composite materials found to be of comparable or superior
durability which mimic the appearance of other approved materials.
10. Portions of the building shall feature divisions in materials, separate
entrances/entrance treatments, variations in rooflines and/or variations in
setbacks. A minimum of fifty (50) percent of all four sides of the exterior,
exclusive of windows and doors, shall be constructed of one of or a combination
of the following materials: brick, face brick, natural stone or cut stone, or stucco.
502.58-5
WIN
Imi
.�
502.58-5
ORDINANCE 502 — ZONING ORDINANCE
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. ting. 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) Landscapes. In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
101
502.58-6
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. 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 an similar- ttnee, upiea design ro„t,,,-es shall erf f to
the standards sot forffi i 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. 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. 9: Other Requirements:
a) Screening: All mechanical, heating, ventilation fair conditioning equipment,
and refuse storage areas shall be screened and in a s,,itable',.,.atien as detef,..,i
by the Pianning Commission.
b) Building Materials: The exterior surface of all buildings, except for accessou
structures and outbuildings shall meet the requirements of the B-1 District.
C) Landscaping: In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
502.66-2
ORDINANCE 502 — ZONING ORDINANCE
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.
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 5 02. 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
CHAPTER V — BUILDING, LAND USE & REGULATIONS
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.
505-1
CHAPTER V — BUILDING, LAND USE & REGULATIONS
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.
505-2
CHAPTER V — BUILDING, LAND USE & REGULATIONS
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.
505-3
CHAPTER V — BUILDING, LAND USE & REGULATIONS
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 occupancX. 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.
505-4
CHAPTER V — BUILDING, LAND USE & REGULATIONS
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.
505-5
CHAPTER V — BUILDING, LAND USE & REGULATIONS
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
505-6
CHAPTER V — BUILDING, LAND USE & REGULATIONS
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.
505-7
CHAPTER V — BUILDING, LAND USE & REGULATIONS
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
505-8
CHAPTER V — BUILDING, LAND USE & REGULATIONS
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. Li hg ting. 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 1013C. 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) Violations committed or permitted by the licensed owner and/or the manager, or
tenant, of any rules, codes, statutes and ordinances related to, pertaining to, or
governing the license and the premises.
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.
h) Violation of an owner's duties under Minnesota statutes sections 299C.66 to
299C.71.
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i) 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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CHAPTER V –BUILDING, LAND USE & REGULATIONS
ORDINANCE 505HOUSING, MAINTENANCE AND OCCUPANCY 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 asare 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.
Subd. 2. 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
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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.
Subd. 3. Except as otherwise specifically provided, all licensed rental properties in
existence on the effective date of this Ordinanceshall be subject to the following limitations:
a.Rental properties shall be inspected in 2008. Any such property which
hada valid licenseprior to April 1, 2008, and which would have
passed inspection under the previous ordinance, shall receive a provisional
license commencing August 15, 2008, which shall be valid for up to one yearand
each such property shall be brought into full complianceby no later than August
14, 2009. Failure to do so shall result in expiration of the license for the property
at midnight on August14, 2009.
b.Built-in deficiencies. Certain specific deficiencies (referred to as "built-in
deficiencies") in properties licensed prior to the effective date of this Ordinance
may be deemed to be beyond reasonable correction by the building official
and may therefore be waived from meeting certain requirements of this
Ordinance. Built-in deficiencies which will be waived will be those that the
building official finds to have been in conformance with all applicable codes
at the time the work was done and that are not causing adverse effects on the
health or safety of the occupants of the rental dwelling unit.
c.Immediate action. Nothing in this section shall prevent the building official from
taking any immediate enforcement or corrective action allowed by this Ordinance
in the event a condition exists which causes a risk of serious harm to the public
health or safety.
Inconsistency with other regulations. If any standardof this Ordinance is inconsistent
with any other applicable local, state or federal law, rule or regulation, the most stringent
requirement shall apply.
Section 505.02: APPLICABILITY OF ORDINANCE. Every building and its premises
used in whole or in part as a home or residence, or as an accessory structure thereof, for a single
family or person, and every building used in whole or in part as a home or residence of twoor
more persons or families living in separate units shall conform to the requirements of this
ordinance, irrespective of when such building may have been constructed, altered, or repaired.
This ordinance establishes minimum standards for erected dwelling units, accessory structures
and related premises.
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CHAPTER V –BUILDING, LAND USE & REGULATIONS
Dormitories located on the campus proper of the College of St. Benedict shall not come
under the provisions of this ordinance. Apartments located on the campus proper of the College
of St. Benedict and which are used exclusively as student housing shall not come under the
provisions of this ordinance. The City Council finds that the general objectives enumerated under
Section 505.01 are being met by the College of St. Benedict for the following reasons:
Subd. 1: The College of St. Benedict represents that the student residences at the College
of St. Benedict are presently inspected by different groups as well as the college's staff
frequently each year. The following is a listing of periodic inspections that would include college
housing as well as other buildings on the campus:
a)State Fire Marshal
b)Insurance Company Inspector (at least once a year)
c)The Director of Security (at minimum of once a month)
d) Security Staff of College and Monastery
e)Maintenance Staff of College and Monastery
f)Residence Assistants (live with students)
g) Faculty Residence (live with students)
h) Residence Directors (live with students)
Subd. 2: The College of St. Benedict represents that the following other precautions are
taken to protect the students in addition to the numerous inspections listed above:
a) Fire Drills in all College Buildings
b) Exit signs on an alternate electrical system
c) Buildings constructed under the latest fire codes
d) Smoke detectors installed and inspected
e) Fire extinguishers installed in convenient locations and inspected monthly
f)Instructional classes on the use of fire extinguishers
g) Classes in fire prevention
h) Sprinkling systems installed where needed
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Section 505.03: DEFINITIONS. The following definitions shall apply in the
interpretation and enforcement of this ordinance:
Subd. 1: Accessory Structure.A structure subordinate to the main or principal dwelling
or dwellings and which is not used nor authorized to be used for living or sleeping by human
occupants and which is located on or partially on the premises.
Subd. 2: Adult.A person 18 years of age or older.
Subd. 3: Bedroom.A room originally constructed or remodeled (not bedrooms
converted from other uses such as living rooms, dining rooms, hallways, porches or closets) and
intended for the purpose of sleeping, containing a built-in closet, egresswindow or door with 5.7
sq. ft. of net openable area and 70 sq. ft. in addition to the built-in closet.
Subd. 4: Building. Any structure erected for the support, shelter, or enclosure of
persons, animals, chattels, or movable property of any kind.
Subd.5:Building code.The Minnesota State Building Code and optional codes
adopted by the city in Ordinance 501, as amended from time to time.
Subd. 6:Building official.The officer or other designated authority charged with the
administration and enforcement of the Building Code, or the officer's duly authorized
representative.
Subd. 7: Compliance Official.The Building Inspector and his designated agents
authorized to administer and enforce this ordinance.
Subd. 8: Dwelling. A building or portion thereof, designed or used predominantly for
residential occupancy of a continued nature, including 1 family dwellings, 2 family dwellings,
and multiple; family dwellings; but not including hotels and motels.
Subd. 9: Dwelling Unit. A single residential accommodation which is arranged,
designed, used or, if vacant, intended for use exclusively as a domicile for one family. Where a
private garage is structurally attached, it shall be considered as part of the building in which the
dwelling unit is located.
Subd. 10: Efficiency Living Unit. A room having cooking facilities used for combined
living, dining, and sleeping purposes and meeting the requirements of the Section 505.09.1,
Exception.
Subd. 11:Egress. An arrangement of exit facilities toassure a safe means of exit
from a building.
Subd. 12:Electrical code. The national electrical code, which is part of the building
code adopted by the city.
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Subd. 13: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 recognized
and legal pest elimination method approved by the building official; and by the removal of all
signs of extermination thereafter.
Subd. 14: Family. Shall have the same meaning as adopted in Ordinance 502of this
Code of Ordinances.
Subd. 15:Fire code. The part of the building code adopted by the city.
Subd. 16.Floor area. The net floor area within the enclosed walls of a room in
which the ceiling height is not less than 7 feet, excluding areas used for closets and built-in
equipment such as cabinets, kitchen units, fixtures and appliances.
Subd. 17. FlushWater 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.
Subd. 18: Garbage. Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking, and consumption of food.
Subd. 19: Habitable Building.Any building or part thereof that meets minimum
standards for use as a home or place of abode by one or more persons.
Subd. 20: Habitable Room.A room or enclosed floor space used or intended to be used
for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet
compartments, laundries, furnace rooms, unfinished basements, (those without required
ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less
than 50 square feet of floor space, foyers, porches, communicating corridors, stairways, closets,
storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground
level orin attics.
Subd. 21: Heated Water. Water heated to a temperature of not less than 120 degrees
Fahrenheit, or such lesser temperature required by government authority, measured at faucet
outlet.
Subd. 22:Infestation. The presence of insects, rodents, or other pests within or
around the dwelling on a premises.
Subd. 23: 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.
Subd. 24: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.
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CHAPTER V –BUILDING, LAND USE & REGULATIONS
Subd. 25:Manager. The person who has charge, care or control of a building or part
thereof in which dwelling unit(s) or rooming unit(s) are let.
Subd. 26:Mechanical code. Part of the building code adopted by the city.
Subd. 27: Multiple family dwelling. A dwelling or portion thereof containing three or
more dwelling units.
Subd. 28:Nuisance. Nuisance is:
1.Any nuisance as defined by this Ordinanceor 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.
Subd. 29: Occupant. Any person (including owner or operator) living, sleeping, cooking
and eating in dwelling unit or living and sleeping in a rooming unit.
Subd. 30: 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.
Subd. 31: Owner. Any person, firm or corporation who, alone, jointly, or severally with
others, shall be in actual possession of, or have charge, care or control of, any dwelling, dwelling
unit, or rooming unit within the City as owner, employee, or agent of the owner, or as trustee or
guardian of the estate or person of the title holder. Any such person representing the actual
owner shall be bound to comply with the provisions of this ordinance to the same extent as the
owner.
Subd. 32: Permissible occupancy. The maximum number of persons permitted to reside
in a dwelling unit or rooming unit.
Subd. 33: Person. An individual, firm, partnership, association, corporation or joint
venture or organization of any kind.
Subd. 34: Plumbing. All of the following supplied facilities and equipment in a
dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units,
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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.
Subd. 35.Plumbing Code.Part of the building code adopted by the City.
Subd. 36: Premises. A platted lot or part thereof or unplatted parcel of land, either
occupied or unoccupied by any dwelling or nondwelling structure, including such building,
accessory structure or other structure thereon.
Subd. 37: 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.
Subd. 38: Refuse. All putrescible and nonputrescible waste solids including garbage and
rubbish.
Subd. 39Related by blood, marriage or adoption. Whole or half relationship between
persons through a common ancestor or descendant or by a relationship as husband, wife,
stepparent, stepchild, parent and legally adopted child, or foster parent and state assigned foster
child.
Subd. 40.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.
Subd. 41.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.
Subd. 42. Rental Dwelling or Dwelling Unit. Any dwelling, dwelling unit, rooming unit,
or multiples thereof on one property and the relatedpremises which are subject to this
Ordinance.
Subd. 43: Repair. To restore to a sound and acceptable state of operation, serviceability
or appearance.
Subd. 44: Rodent Harborage.Any places where rodents can live, nest, or seek shelter.
Subd. 45: 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.
Subd. 46: 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.
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Subd. 47: Safety. The condition of being reasonably free from danger and hazards
which may causeaccidents or disease.
Subd. 48: Substandard dwelling.Any dwelling which does not conform to the minimum
standards established by City Ordinances.
Subd. 49: Supplied. Paid for, furnished by, provided by or under the control of the
owner, operator, or agent of a dwelling.
Subd. 50: Meaning of certain words.Whenever the words "dwelling", "dwelling unit",
"premises", “rental property”or "structure" are used in this ordinance, they shall be construed as
though they were following by the words "or any part thereof".
Section 505.04: LICENSING OF RENTAL UNITS.
Subd. 1. Limitation on rental properties.All rental properties located in an R-1 or R-2
Zoning Districtnewly licensed or not covered by a valid Interim Use Permit (hereinafter
“I.U.P”). shall be allowed as described below.
a.R-1 Property. Any property which is rented in an R-1 area only allowed
through issuance of an Interim Use Permit as provided for and regulated in
Section 502.30Subd.5.
b.R-2 Property. In the R-2 zone, single-family dwellings are permitted by
issuance of a Special Use Permit as regulated in Section 502.34Subd.
3(n).
c.R-3 Property. The R-3 district is intended to provide a district which will
allow a higher density of residential development where City sewer
services are available, subject to the terms of the various applicable St.
Joseph Zoning Ordinances.
d.R-4 Property. In the R-4 district, rental of properties is not allowed,
except for housing exclusively dedicated to housing the elderly or persons
age 55 or older.
Subd. 2. Application.The owner of any structure in which one or more dwelling units or
rooming units are intended to be let shall make application for a rental housing license prior to
letting the unit, unless such unit is currently licensed or is exempt from the provisions of this
Ordinance. The owner shall not allow occupancy of such unit until the required license fee has
been paid and a rental housing license has been issued pursuant to this division. No rental license
shall be granted unless the applicant has 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
Subd. 3: Registration. No person shall operate rental property in the City of St. Joseph
without first having properly made and filed a registration statement with the Compliance
Official. Any person filing such a registration statement thereby consents to be bound by all of
the provisions of this ordinance and the other ordinances of the City of St. Joseph, as they may
relate to rental property. In the case of any rental property occupied on or before February 1,
1981, the registration statement shall be filed before February 1,1981. In the case of rental
property completed and ready for occupancy after February 1, 1981, a registration statement
shall be filed and a rental license secured prior to the occupancy of the dwelling. The
registration statement shall be made and filed on forms furnished by the Compliance Official for
such purposes and shall set forth the following information:
a)Name, address and residence phone number of the owner, and if a corporation, the
name of officers and registered office thereof. All owners must be listed.
b)Name and address of the rental property and the number of units to which the
registration applies.
c)The name and address of the owner’s agent for the receipt of notices of violations
of the provisions of this ordinance and other applicable ordinances of the City of
St. Joseph. The owner may designate any person residing within a 30 mile radius
of the city limits of the City of St. Joseph as their agent for this purpose.
d)The name and address of the owner's agent for the receipt of notices of violations
of the provisions of this Ordinance and other applicable ordinances of the City of
St. Joseph.
e)Such other information as the Councilmay require.
Subd. 4: Execution of Registration Statement. The registration shall be madeby the
owner if such owner is a natural person; if the owner is a corporation, by an officer thereof; if the
owner is a partnership, by one of the partners; and if the owner is an unincorporated association,
by the manager or managing officer thereof. Renewal of registrations as required annually by
this Ordinance may be made by filling out the required renewal form provided by the
Compliance Official to the owner of rental property and mailing said form together with the
required registration fee to the Compliance Official.
Subd. 5.Execution of Rental Housing Disclosure Forms.Within Ten (10) days of any
rental unit being occupied by a tenant, the Owner shall file with the Clerk Administrator of the
City of St. Joseph, the executed Rental Housing Disclosure Form and the Tenants’ Rights and
Responsibilities Disclosure Form. The City Administrator shall make available to the public at
the city offices the Rental Housing Disclosure Form and the Tenants’ Rights and Responsibilities
Disclosure Form, copies of which are attached hereto as “Exhibit A.”
Subd. 6: Annual Registrations. Commencing with the year 1982, the registration of all
rental dwellings registered for the previous year shall be renewed not later than the first day of
August of each year.
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CHAPTER V –BUILDING, LAND USE & REGULATIONS
Subd. 7: Transfers. Every new owner of a rental property, (whether as fee owner,
contract purchaser, lessee of the entire dwelling, or otherwise) shall register before taking
possession.
Subd. 8: Registration License Fee. A registration fee, as may be established by
resolution of the City Council, shall be due on the first day of August of each year.
A delinquency penalty of 4% of the license fee for each day of operation without a valid
license shall be charged to operators of rental dwellings. Onceissued a license is nontransferable
and the licensee shall not be entitled to a refund on any license fee upon revocation or
suspension. In the case of new unlicensed dwellings, license fees shall be due upon the issuance
of the certificate of occupancy.
Subd. 9.Inspections Required.
(a)The building official shall inspect property for compliance with this Ordinance
upon application for a rental housing license and every yearthereafter, except as
otherwise expressly provided. No license shall be issued except upon a
satisfactory annual inspection.
(b)The building official may also inspect rental property upon receiving a complaint
from a complainant who leaves his/her name and address. Anonymous complaints
shall not be investigated.
(c)Any owner or occupant of rental property may request an advisory inspection of
the property at any reasonable time.
(d)Upon inspection and the finding of a violation, the building official shall notify the
owner and the occupant in writing of the violation and the requirement to correct
the violation.
(e)If the building official finds a violation of the standards imposed by this Ordinance
at any time after issuance of a rental license, the building official shall re-inspect
that property until the property has been free of all violations. The property owner
shall pay inspection fees. in amounts determined by resolution of the city council
from time to time, for any extra inspections resulting from violation of this
Ordinance.
(f)Any owner, occupant, or other person in charge of a dwelling or dwelling unit
may refuse to permit free access and entry to the structure or premises under his
control for inspection pursuant to this Ordinance, whereupon the Compliance
Official may seek acourt order authorizing such inspection. Failure to provide
access and entry after reasonable requests and notice may be grounds for
revocation, suspension or non-renewal of the rental license.
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CHAPTER V –BUILDING, LAND USE & REGULATIONS
Subd. 10: Posting of License and Notice. Every licensee of a multiple dwelling shall
cause to be conspicuously posted in the main entry way or other conspicuous location therein the
current license for the respective multiple dwelling. Every licensee shall cause to be
conspicuously posted in every rental unit, a notice containing information as prescribed by the
City Council. The notice shall be provided to the owner at the time of issuance of the licensee.
Subd. 11: License Not Transferable. No operating license shall be transferable to
another person or toanother rental dwelling. Every person holding an operating license shall
give notice in writing to the Compliance Official within 72 hours after having legally transferred
or otherwise disposed of the legal control of any licensed rental dwelling. Such notice shall
include the name and address of the person succeeding to the ownership or control of such rental
dwelling or dwellings.
Subd. 12: Occupancy Register Required. Every owner of a licensed rental dwelling shall
keep, or caused to be kept, currentregister of occupancy for each dwelling unit which provides
for the following information:
a.The dwelling unit address;
b.Number of bedrooms in the dwelling units;
c.Name of adult occupants and number of adults and children (under 18 years of
age) currently occupying the dwelling unit;
d.Dates renters occupied and vacated dwelling unit;
e.Chronological list of complaints and requests for repair by dwelling unit
occupants, which complaints and requests are related to the provisions of this
ordinance; and
f.A similar chronological list of all corrections made in response to such requests
and complaints.
Such register shall be made available for viewing or copying by the compliance officer or
a St. Joseph Police Officer at all reasonable times or in the event of an emergency.
Subd. 13.Renewal.Except as otherwise provided in this Ordinance, a rental license
shall expire one year after the date of issuance. A renewal license shall be applied for at
least 30 days prior to expiration of the existing license. Property shall not be occupied by a
tenant after expiration of a rental license or renewal license, provided that the building
official may issue a temporary renewal license not to exceed 2 months in duration if the
building official deems itappropriate to allow continued occupancy pending issuance of a
renewal license. A temporary renewal license shall expire on the stated date and the
property shall not continue to be occupied by a tenant unless a full renewal license has been
issued by that date.No renewal of a license will be granted unless the owner has 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
Subd. 14: Suspension or Revocation. Every operating license issued under the
provisions of this Ordinance is subject to suspension or revocation by the City Council should
the licensed owner or his duly authorized resident agent fail to operate or maintain the licensed
rental dwellings and units therein in compliance with the provisions of this Ordinance, or any
other Ordinances of the City of St. Joseph and/or the laws of the State of Minnesota, or
conditions exist or activities occur at the rental dwelling in violation of ordinance or law, or if the
licensed owner is not in compliance with the general requirements for City approvals under
Section 104.06 of the St. Joseph Code of Ordinances. The 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 operated or maintained in violation of ordinance or law. In the
event that an operating license is suspended or revoked by the City Council, it shall be unlawful
for the owner or the duly authorized agent to thereafter permit any new occupancies of vacant or
thereafter vacated rental units until such time as an operating license may be restored by the City
Council.
When a rental license is revoked or suspended, the property shall be vacated as of the
effective date of the revocation or suspension and remain vacated until restoration of the license.
In the case of a suspension, restoration shall occur automatically at the end of the suspension
period. 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, and paid a new application fee. The new
license may then be issued upon completion of the revocation period.
Every notice to vacate shall, in addition to being served, be posted at or upon each
entrance to the building, and shall be in substantially the following form:
DO NOT ENTER
UNSAFE OR ILLEGAL TO OCCUPY
It is a misdemeanor to occupy this building
or to remove or deface this notice.
Inspection Division
City of St. Joseph
Whenever such notice is posted, the building official shall include a notification thereof
in the notice and order issued at the commencement of proceedings under this division, and shall
recite the emergency or conditions that necessitate vacation. No person shall remain in or enter
any building that has been so posted, except that entry may be made to repair, demolish or
remove such building if allowed by any required permit. No person shall remove or deface any
such notice after it is posted until the required repairs; demolition or removal has been completed
and a certificate of occupancy issued pursuant to the provisions of the building code, or other
corrective action has been taken as required by the building official. Any person violating this
section shallbe guilty of a misdemeanor.
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No suspension or revocation of a rental license shall occur until the licensed owner has
been afforded an opportunity for a hearing. This hearing shall be evidentiary in nature and
conducted before the St. Joseph City Councilwhich 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. The licensed owner must affirmatively request an
evidentiary hearing by writing to be received by the City Administrator/Clerk no later than seven
days prior to the date on which the Council is to consider the violations. If request is not made,
the right to an evidentiary hearing is deemed waived and the City Council may presume the truth
and accuracy of the violations alleged and proceed to disposition at the time of the hearing.
Where the City Council determines that an Ordinance or statutory violation has occurred
warranting suspension or revocation, the rental license shall be suspended or revoked for a
period of not less than two months or more than 12 months. Execution of the suspension or
revocation may be stayed by the Council on such reasonable conditions as established by the
Council, including but not limited to, the payment of a civil penalty not to exceed $1,000.00.
Upon the completion of one half of the period of revocation or suspension imposed by the City
Council, the licensed owner may petition the City Council for early restoration of the rental
license. Upon receipt of the petition, the licensed owner's request shall be heard by the City
Council at the next regular scheduled meeting, (but at least 7 days from receipt of the request).
At that time, the City Council may order a restoration of the rental license if the licensed owner
establishes by clear and convincing evidence that one of the following two circumstances then
exist:
1)The property has been sold since the occurrence of the original violation to a party
unrelated to the original owner. The sale must be for a fair consideration,
negotiated at arm's length, and by Deed duly filed for record at the office of the
County Recorder. A sham or "paper"transfer of title to the property to a related
party or another party acting in cooperation with the owner for the purpose of
circumventing the license revocation shall not constitute a transfer for purposes of
this Ordinance.
2)The licensed owner demonstrates to the City Council that he has properly
responded to the revocation or suspension, that measures have been taken to
successfully correct the violation which originally resulted in suspension or
revocation, and that additional steps have been takento assure that similar
violations not occur in the future. Factors to be considered by the Council, may
include: improvements and repairs to the premises, modification of the relevant
lease provisions, selection of future tenants, response to citizen's complaints,
provision for future supervision of the premises by the licensed owner, the
licensed owner's compliance with the revocation/suspension, and such other
criteria as the Council considers relevant to each individual case.
Where the licensed owneris able to establish by clear and convincing evidence grounds
for restoration, the Council may stay the execution of the remainder of the suspension or
revocation period for a period of up to one year and place reasonable terms and conditions upon
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the licensed owner as may be relevant to further insure compliance with the Ordinances of the
City of St. Joseph and laws of the State of Minnesota.
Subd. 16: Denial of Renewal.
a)Every operating license issued under the provisions of this Ordinance is subject to
non-renewal by the City Council should the licensed owner or his/her duly
authorized resident agent fail to operate or maintain the licensed rental dwelling
and units therein in compliance with the provisions of the Ordinances of the City
of St. Joseph and the laws of the State of Minnesota.
b)The owner of property for which the renewal of a licensee has been denied may
request a hearing before the City Council challenging the decision of non-
renewal. The right to demand a hearing must be exercised by the Owner within
seven (7) days of notice of non-renewal or the hearing is deemed waived.
c)In the event of non-renewal, the owner may not reapply for a rental license for a
period of eleven (11) months from the date of non-renewal, unless the owner
establishes to the City Council by clear and convincing evidence the existence of
one of the two circumstances set forth in Section 505.04, Subd. 13.
Section 505.05: ENFORCEMENT AND INSPECTION AUTHORITY. The Building
Official and his designate agents shall be the Compliance 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 Compliance Official shall present evidenceof authorization to the
occupant in charge of a respective dwelling unit.
Subd. 1. Specifically prohibited acts.Whoever does any of the following, in addition to
any other violation of this Ordinance without limitation, shall be guilty of a misdemeanorand
shall be subject to all available criminal and civil penalties and other remedies:
(a)No license. Allows occupancy of a dwelling, dwelling unit or rooming unit prior to
the issuance of a rental housing license and payment of the license fee or after
suspension; revocation or expiration of a rental housing license or renewal
license.
(b)Over occupancy. Occupies or allows occupancy of a rental property by more
persons than the property is approved for.
(c) Occupying vacated unit. Occupies or allows occupancy of a rental property that
was posted and ordered vacated.
(d)Occupying uncertified bedrooms. Occupies or allows occupancy of a room as a
bedroom that is not approved as a bedroom and/or does not qualify as a bedroom
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under this Ordinance.
(e)Occupancy of unlicensed unit. Occupies a rental property for which no license has
been issued or for which a license has been suspended, revoked, or has expired
without being properly renewed. An occupant of a property which has lost its
rental license shall immediately vacate the property. An occupant's remedy for the
loss of his or her leasehold interest, if any, shall be by private claim or action
against the property owner.
Section 505.06: SPACE, OCCUPANCY ANDUSE STANDARDS
Subd. 1. 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. In addition to that limitation, rental properties
in an R-1 or R-2 district may not be occupied by more than 3 adult persons who are unrelated by
blood, marriage, or adoption.For the purposes of this section, a “family” shall be defined as
follows:
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 ofthe 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 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.
If a property owner proposes to let a rental unit in an R-1 or R-2 district to more than the
number of adult persons allowed pursuant to the foregoing paragraph, the burden shall be on the
proposed occupants to prove that they are related by blood, marriage or adoption. The occupants
shall provide such proof to the property owner as a condition of the rental and the property
owner shall provide such proof to the city upon request. The city shall determine the reliability of
such proof in its reasonable discretion and may require additional evidence to be submitted.
Subd. 2 No dwelling, dwelling unit or rooming unit shall be let for occupancy to another
which does not comply with the standards of this division. All rental properties shall comply
with the standards of this division and with the remainder of this Ordinance immediately upon
the effective date of this Ordinance, unless a different date or time is specified in this Ordinance.
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(1)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.
(2)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.
(3)A clear andunobstructed 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 alltimes have free access to the service panel
for their dwelling unit. All exposed wiring must be secured by approved methods.
All electrical boxes must have cover plates and the cover plates must not be
cracked or broken. Outlets must meet the requirements of theNational Electrical
Code.
Subd. 3. Exits.
(a)General. All units shall have access directly to the outside or to a common
hallway or public corridor with egress to the outside. All buildings or portions
thereof shall be provided with exits as required by the building code. An exit shall
not pass through a hazardous area such as a furnace room, boiler room, storage
room, garage or similar area.
(b)Obstruction of egress. Obstructions, including storage, shall not be placed in the
required width of a means of egress, except for projections allowed by the
building code. 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.
(c)Escape windows. Sleeping rooms below the fourth story shall have at least one
operable window or exterior door approved for emergency escape or rescue.
Escape windows shall be operable from the inside to provide a full clear opening
without the use of separate tools or special knowledge and shall open directly
onto a public way or a yard or court located on the same lot as the building.
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Subd. 4. Fire protection.
(a)General. All buildings or portions thereof shall be provided with the degree of fire
resistive construction, fire warning devices and fire extinguishing devices as
provided by this Ordinance, the Minnesota Building and Fire Codes.
(b)Smoke detectors. Smoke detectors shall be installed as required by this
Ordinance. A minimum of one detector shall belocated in the basement and each
story. A detector shall be located outside of bedrooms and in each bedroom. The
building official may require additional smoke detectors where additional
protection may be required.
The occupant of a rental unit shall notify the owner or manager of the unit within
24 hours of discovering that a detector is not functioning. The owner or manager
shall take immediate action to render the detector operational or replace it.
Any occupant, owner or manager of a rental unit who willfully disables a
smoke detector or causes it to be nonfunctioning is guilty of a misdemeanor. If the
unit is occupied by more than one tenant, each tenant shall be held accountable.
(c)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.
(d) Fire extinguishers. All rental units shall be equipped with a fire extinguisher with
a minimum rating of 2A 1OBC. The extinguisher shall be located within the
individual dwelling unit or in a common hallway or corridor within 3O feet of
each dwelling unit door.
Fire extinguishers shall be serviced at least annually. 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.
(e)Carbon Monoxide Detectors. All rental units shall be equipped with at least one
carbon monoxide detector placed at locations within the dwelling as approved by
the compliance officer. All buildings shall be subject to the Uniform Fire Code.
Section 505.07RESPONSIBILITIES OF OWNERS AND OCCUPANTS:
Subd. 1:Maintenance of Shared or Public Areas. Every owner of a dwelling containing
two or more dwelling units shall maintain in a clean and sanitary condition the shared or public
areas of the dwelling and premises thereof.
Subd. 2:Maintenance of Occupied Areas. Every occupant of a dwelling, dwelling unit
or rooming unitshall maintain in a clean and sanitary condition that part or those parts of the
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dwelling, dwelling unit and premises thereof, that the person occupies and controls in order to
prevent any health, safety or fire hazard.
Subd. 3:Storage and Disposal of Rubbish. Every occupant of a dwelling, dwelling unit
or rooming unit shall store and dispose of all his/herrubbish in a clean, sanitary, and safe manner
as prescribed by the Code of Ordinances of the City of St. Joseph and amendment thereto.
Subd. 4:Storage and Disposal of Garbage. Every occupant of a dwelling; dwelling unit
or rooming unit shall store and dispose of all his garbage and any other organic waste which
might provide food for insects and/or rodents in a clean, sanitary, and safe manner asprescribed
by the Code of Ordinances of the City of St. Joseph and amendments thereto.
Subd. 5:Responsibility for Storage and Disposal of Garbage and Rubbish.
a)Every owner of rental dwellings shall supply facilities for the sanitary and safe
storage and/or disposal for rubbish and garbage. In the case of all other
dwellings, it shall be to the other responsibility of the occupant to furnish such
facilities.
b)The provisions of Ordinances 1007 and 1008 of this Code relative to weed and
brush control, and garbage and rubbish disposal, shall apply to all residential
rental property and be enforceable against both the owner and occupant of the
property.
Subd. 6:Responsibility for Storm and Screen Doors and Windows. The owner of a
rental dwellingunit shall be responsible for providing and hanging all screens and storm doors
and storm windows whenever the same are required under the provisions of this ordinance,
except where there is written agreement otherwise between the owner and occupant.
Subd.7:Responsibility for Pest Extermination. Every occupant of a dwelling containing
a single dwelling unit shall be responsible for the extermination of vermin infestations and/or
rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than
one dwelling unit shall be responsible for such extermination whenever his/herdwelling unit is
the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of
the owner to maintain a dwelling in a reasonable rodent proof or reasonable vermin proof
condition, extermination shall be the responsibility of the owner. Whenever infestation exists in
two or more of the dwelling units in any dwelling, or in the shared or public parts of any
dwelling containingtwo or more dwelling units, extermination thereof shall be the responsibility
of the owner.
Subd. 8:Rodent Harborages Prohibited in Occupied Areas. No 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.
Stored materials shall be stacked neatly in piles.
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Subd. 9:Rodent Harborages Prohibited in Public Areas. No owner of a dwelling
containing two or more dwelling units shall accumulate or permit the accumulation of boxes,
lumber, scrap metal, or any other similar materials in such a manner that may provide a rodent
harborage in or about shared or public areas of a dwelling or its premises. Materials stored by the
owner or permitted to be stored by the owner shall be stacked neatly in piles.
Subd. 10:Prevention of Food for Rodents. No owner or occupant of a dwelling or
dwelling unit shall store, place or allow to accumulate any materials thatmay serve as food for
rodents in a site accessible to rodents.
Subd. 11:Sanitary Maintenance of Fixtures and Facilities. Every occupant of a dwelling
unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and
shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
Subd. 12:Removal of Snow and Ice. The owner of a multiple family dwelling or
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. Individual snowfalls of one inch or
more, or successive snowfalls accumulating to a depth of one inch, shall be removed from steps
and walkways within eight hours after cessation of the snowfall.
Subd. 13:Minimum Exterior Lighting. The owner of a multiple family dwelling or
dwellings shall be responsible for providing and maintaining effective illumination in all exterior
parking lots and walkways.
Subd. 14:Maintenance of Driving and Parking Areas. The owner of a multiple dwelling
or other rental property shall be responsible for providing and maintaining in good condition
parking areas and driveways for tenants as mandated by the provisions of Section 502.10of this
Code of Ordinances.
Subd. 15:Maintenance of Yards. The owner of a multiple family dwelling or dwellings
shall be responsible for providing and maintaining premises' yards consistent with this
Ordinance.
Section 505.08: MINIMUM STANDARDS FOR BASIC EQUIPMENT AND
FACILITIES. No person shall occupy as owner, occupant, or let to another for occupancy any
dwelling or dwelling unit, for the purposes of living, sleeping, cooking, eating therein, which
does not comply with thefollowing requirements:
Subd. 1: 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)Akitchen sink in good working condition and properly connected to an approved
water supply system and which provides at all times an adequate amount of
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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 tableshall 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, which are properly installed with all necessary
connections for safe, sanitary, and efficient operation. Provided that such stove,
refrigerator, or similar devices need not be installed when a dwelling unit is not
occupied and when the occupant is expected to provide same on occupancy, in
which case sufficient space and adequate connections for the installation and
operation of said stove, refrigerator or similar device must be provided.
Subd. 2: Toilet Facilities. Within every dwelling unit there shall be a nonhabitable room
which is equipped with a flush water closet in good working condition. In a rental dwelling unit,
such room shall have an entrance door which affords privacy. Said flush water closet shall be
equipped with easily cleanable surfaces, shall be connected to an approved water system that at
all times provides an adequate amount of running water under pressure to cause the water closet
to be operated properly, and shall be connected to an approved sewer system.
Subd. 3: Lavatory Sink. Within every dwelling unit there shall be a lavatory sinkwhich
is adequate for washing hands and face. Said lavatory sink may be in the same room as the flush
water closet, orif located in another room, the lavatory sink shall be located in close proximity to
the door leading directly into the room in which said water closet is located. The lavatory sink
shall be in good working condition and shall be properly connected to an approved water supply
system and shall provide at all times an adequate amount of heated and unheated running water
under pressure, and shall be connected to an approved sewer.
Subd. 4: Bathtub or Shower. Within every dwelling unit there shall be a nonhabitable
room which is equipped with a bathtub or shower in good working condition. In a rental
dwelling unit, such room shall have an entrance door which affords privacy. Said bathtub or
shower may be in the same room as the flush water closet, or in another room and shall be
properly connected to an approved water supply system and shall provide at all times an
adequate amount of heated and unheated water under pressure, and shall be connected to an
approved sewer system.
Subd. 5: Stairways, Porches, Balconies, Handrails, and Guards. Every stairway, inside
or outside of a dwelling and every porch,balcony, or deck shall be kept in safe condition and
sound repair. Every stairwell and every flight of stairs which is more than four risers high shall
have handrails approximately 34 to 38inches high, measured vertically from the nose of the stair
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tread to the top of the handrail. Every porch, balcony, deck or raised surface which is more than
30 inches above the adjacent floor or grade shall have a guard which measures 36 inches
minimum above the floor of the porch, balcony, deck or raised surface to the top of the rail.
Intermediates of the guard shall be vertical and spaced such that a 4 inches sphere cannot pass
between. Every handrail, guardand balustrade shall be firmly fastened and maintained in good
condition. No flight of stairs shall have settled out of its intended position or have pulled away
from the supporting or adjacent structures enough to cause a hazard. Excepting spiral and
winding stairways, the treads and risers of every flight of stairs shall be uniform in width and
height. Stairways shall be capable of supporting a live load of 100 pounds per square foot of
horizontal projection.The conditions set forth in this Subd. 5 are not considered built-in
deficiencies.
Subd. 6:Door Locks. No owner shall occupy nor let to another for occupancy any
dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped
with safe, functioning locking devices. Multiple family dwellings shall be furnished with door
locks as follows:
a)For the purposes of providing a reasonable amount of safety and general welfare
for persons occupying multiple family dwellings constructed after May 5, 1969,
an approved security systemshall be maintained for each multiple family building
to control access. The security system shall consist of locked building entrance or
foyer doors, and locked doors leading from hallways into individual dwelling
units. Dead latch type door locks shall be provided with lever knobs (or
doorknobs) on the inside of building entrance doors and with key cylinders on the
outside of building entrance doors. Building entrance door latches shall be a type
that are permanently locked from the outside and permanently unlocked from the
inside.
b)Every door that is designed to provide ingress or egress for a dwelling unit within
a multiple family building shall be equipped with an approved lock that has a
deadlocking bolt that cannot be retracted by end pressure, provided, however, that
such door shall be openable from the inside without the use of a key or any
special knowledge or effort.
Section 505.09: MINIMUM STANDARDS FOR LIGHT AND VENTILATION. No
person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling
unit, for the purpose of living therein, which does not comply with the following requirements:
Subd. 1: Habitable Room Ventilation. Except where there is supplied some other device
affording adequate ventilation and approved by the Compliance Official, every habitable room
shall have at least one window facing directly outdoors which can be opened easily. The
minimum total of openable window area in every habitable room shall be the greater of 4% of
the floor area of the room or four square feet.
Subd. 2: Nonhabitable Room Ventilation. Every bathroom and water closet compartment
and every laundry and utility room shallcontain at least 50% of the ventilation requirement for
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habitable rooms contained in Section 505.06.1, except that no windows shall be required if such
rooms are equipped with a ventilation system which is approved by the Compliance Official.
Subd. 3: Electrical Equipment. All electrical equipment, wiring and appliances shall be
installed and maintained in a safe manner in accordance with all applicable laws. All electrical
equipment shall be of an approved type.
Where there is electrical power available within 300 feet of the premises of any building,
such building shall be connected to such electrical power. Every habitable room shall contain at
least two supplied electric convenience outlets or one such convenience outlet and one supplied
electric fixture. Every water closet compartment, bathroom, furnace room, laundry room, and
public hallway shall contain at least one supplied electric light fixture.
Section 505.10: MINIMUM THERMAL STANDARDS. No person shall occupy as
owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of
living therein, which does not have heating facilities which are properly installed, and which are
maintained in safe and good working condition, and which are capable of safely and adequately
heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit
located therein to a temperature of at least 68 degrees Fahrenheit at a distance of three feet above
floor level and three feet from exterior walls at an outside temperature of 25 degrees Fahrenheit.
Gas or electric appliances designed primarily for cooking or water heating purposes shall not be
considered as heating facilities within the meaning of this section. Portable heating equipment
employing flame and the use of liquid fuel does not meet the requirements of this section and is
prohibited. No owner or occupant shall install, operate or use a space heater employing aflame
that is not vented outside the structure in an approved manner.
Section 505.11: GENERAL REQUIREMENTS. No person shall occupy as owner,
occupant or let to another for occupancy a dwelling or dwelling unit, for the purpose of living
therein, which does not comply with the following requirements:
Subd. 1: Foundations, Exterior Walls and Roofs. The foundation, exterior walls and
exterior roof shall be substantially water tight and protected against vermin and rodents and shall
be kept in sound condition and repair. The foundation element shall adequately support the
building at all points. Every exterior wall shall be free of deterioration, holes, breaks, loose or
rotting boards or timbers, and any other condition which might admit rain or dampness to the
interior portion of the walls or to the exterior spaces of the dwelling. The roof shall be tight and
have no defects which admits rains, and roof drainage shall be adequate to prevent rain water
from causing dampness in the walls. All exterior wood surfaces, other than decay resistant
woods, shall be protected from the elements and decay by paint or other protective covering or
treatment. If 15% or more of the exterior surface of such wood surface is unpainted or
determined by the Compliance Official to be paint blistered, the surface shall be painted. If 15%
or more of the exterior of the painting of any brick, block or stone wall is loose or has fallen out,
the surfaceshall be repaired.
Subd. 2: Windows, Doors and Screens. Every window, exterior door, and hatchway
shall be substantially tight and shall be kept in sound condition and repair. Every window, other
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than a fixed window or storm window, shall be capable ofbeing easily opened. Every window,
door and frame shall be constructed and maintained in such relation to the adjacent wall
construction as to completely exclude rain, wind, vermin and rodents from entering the building.
Every openable window or other device required by Section 505.06, Subd. 1shall be supplied
with 16 mesh screens during the insect season.
Subd. 3: Floors, Interior Walls and Ceilings. Every floor, interior wall, and ceiling shall
be adequately protected against the passage and harborage of vermin and rodents, and shall be
kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or
rotted flooring materials. Every interior wall and ceiling shall be free of holes and large cracks
and loose plaster and shall be maintained in a tight weatherproof condition. Toxic paint and
materials with a lasting toxic effect shall not be used. Every toilet room and bathroom floor
surface shall be capable of being easily maintained in a clean and sanitary condition.
Subd. 4: Rodent Proof. Every dwelling and accessory structure and the premises upon
which located shall be maintained in a rodent free and rodent proof condition. All openings in
the exterior walls, foundations, basements, ground or first floor, and roofswhich have a 2"
diameter or larger opening shall be rodent proofed in an approved manner. Interior floors or
basements, cellars and other areas in contact with the soil shall be paved with concrete or other
rodent impervious material.
Subd. 5: Fence Maintenance. All fences supplied by the owner or agent on the premises
and all fences erected or caused to be erected by an occupant on the premises shall consist of
metal, wood, masonry, other decay resistant material. Fences shall be maintained in good
condition both in appearance and in structure. Wood material, or other than decay resistant
varieties, shall be protected against decay by use of paint or other preservatives.
Subd. 6: Accessory Structure Maintenance. Accessory structures supplied by the owner,
agent or tenant occupant on the premises of a dwelling shall be structurally sound, and be
maintained in good repair and appearance. The exterior of such structures shall be made weather
resistance through the use of decay resistant materials such as paint or other preservatives.
Subd. 7: Safe Building Elements. Every foundation, roof, floor, exterior and interior
walls, ceilings, inside and outside stair, every porch and balcony, and every appurtenance
thereto, shall be safe to use and capable ofsupporting loads that normal use may cause to be
placed thereon.
Subd. 8: Facilities to Function. Every supplied facility, piece of equipment or utility,
required under City Ordinances and every chimney and flue shall be installed and maintained
and shall function effectively in a safe, sound and working condition.
Subd. 9: Grading and Drainage. During the period May through October, every yard,
court, passageway, and other portions in the premises on which a dwelling stands shall be graded
and drained so as to be free of standing water that constitutes a detriment to health and safety.
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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: 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. 12: Building identification. Every building shall havethe assigned street number(s)
displayed on the building in such a position as to be plainly visible and legible from the street
fronting the property and as otherwise required by this code.
Subd. 13. Motor vehicles. No inoperable or unlicensed motor vehicle or “abandoned
vehicle” as defined in Ordinance 1008.02, Subd. 1, or “junk vehicle” as defined in Ordinance
1008.02, Subd. 2, shall be parked, kept or stored outside of a completely enclosed structure on
any rental property.
Subd. 14. Defaced property. It shall be the responsibility of the owner to restore any
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.
Subd. 15. Decorative features. All cornices, belt courses, corbels, terra cotta trim; wall
facings and similar decorative features shall be maintained in good repair with proper anchorage
and in a safe condition.
Subd. 16. Overhang extensions.All overhang extensions including butnot limited to
canopies, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good
repair and shall be properly anchored.
Subd. 17. Basement hatchways. Every basement hatchway shall be maintained to prevent
the entrance of rodents, rain and surface drainage water.
Section 505.12: MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATION
REQUIREMENTS. No person shall occupy nor permit or let to be occupied any dwelling or
dwelling unit for the purpose of living therein, which does not comply with the following
requirements:
Subd. 1: Permissible Occupancy of Dwelling Unit. Every dwelling unit shall have at
least one room which shall have not less than 150 square feet of floor area. Other habitable
rooms, except kitchen, shall have an area of not less than 70 square feet. Where more than two
persons occupy a room used for sleeping purposes the required floor areashall be increased at
the rate of 80 square feet for each occupant in excess of two.
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EXCEPTION: Nothing in this Section shall prohibit the use of an efficiency living unit within an
apartment house meeting the following requirements:
a)The unit shall have a living room of not less than 220 square feet of superficial
floor area. An additional 100 square feet of superficial floor area shall be provided
for each occupant of such unit in excess of two.
b)The unit shall be provided with a separate closet.
c)The unit shall be provided with a kitchen sink, cooking appliance and
refrigeration facilities, each having a clear working space of not less than 30
inches in front. Light and ventilation conforming to this Code shall be provided.
d)The unit shall be provided with a separate bathroom containing a water closet,
lavatory, bathtub or shower.
Subd. 2: Minimum Ceiling Height. In order to qualify as habitable, rooms shall have
clear ceiling height of not less than 7feet, except that in attics or top half stories used for
sleeping, study, or similar activities, the ceiling height shall be not less than 7feet over at least
one-half of the floor area. In calculating the floor area of such rooms in attics or top half stories,
only those portions of the floor area of the room having a clear ceiling height of 5 feet or more
may be included.Except as otherwise specifically provided, all licensed rental properties in
existence on the effective date of this Ordinance shall be subject to the built-in deficiencies
limitations as set forth inthis Ordinance.
Subd. 3: Access through Sleeping Rooms and Bathrooms. No dwelling unit containing
two or more sleeping rooms shall have a room arrangement such that access to a bathroom or
water closet compartment intended for use by occupants of more than one sleeping room can be
gained only by going through another sleeping room. A bathroom or water closet compartment
shall not be used as the only passageways to any habitable room, hall, basement or cellar or the
exterior of any dwelling unit.
Section 505.13PARKING. The building official shall inspect and approve specific
parking spaces for each rental property which is subject to this section and the approved spaces
shall be designated in conjunction with the rental license. The owner and occupants of the
property shall not allow parking anywhere other than on approved parking spaces.
a.Location. Parking spaces shall be located in a garage or on approved driveway
surfaces which lead to a garageor a side yard. Vehicles shall not be parked on
grass, dirt, in front yards, backyards, or in any other location which is not an
approved parking space and which does not adhere to these standards.
b.Parking Surface Standards. Each parking space shall be constructed and
maintained in good condition with a uniform hard surface of concrete, asphalt,
minimum of six inches of Class 5 compacted gravel, or similar surfaces
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specifically approved by the building official and City Engineer. Those parking
spaces accessed from hard surfaced street or alley must be hard surface of asphalt
or concrete for a distance of not less than ten feet.
c.Enforcement. Property owners are specifically advised that they, as well as their
tenants, are responsible for enforcing these parking regulations and they are
required to exercise effective control over their tenants and others visiting or
using the property. The legal enforcement of these parking standards shall be the
joint responsibility of the building official and the police department.
d.Time for compliance. Any licensed rental property in existence at the time of
adoption of this Ordinance which cannot readily provide parking spaces as
required by this code may request permission from the building official for time
to come into compliance with those subsections, which may be approved, in
writing, for a period of time not to exceed one year from the date of adoption of
this Ordinance. All properties which are subject to this section shall immediately
comply with the other requirements of this section.
Section 505.14. PROHIBITED CONDUCT ON LICENSED PREMISES.
(a) Disorderly conduct. It shall be the responsibility of the rental license holder to
take appropriate action to prevent conduct by occupants and their guests on
licensed premises which is hereby deemed disorderly and which is in violation of
any of the following statutes or ordinances:
1.St. Joseph Ordinance 1002-1, which prohibits noisy parties or assemblies.
2.Minnesota Statutes §§ 609.75 through 609.76, which prohibit gambling.
3.Minnesota Statutes §§ 609.321 through 609.324, which prohibit prostitution and
acts relating thereto.
4.Minnesota Statutes §§ 152.01 through 152.025, and 152.027, subd. 1 and 2,
which prohibit the unlawful sale or possession of controlled substances.
5.Minnesota Statutes § 340A.401, which prohibits the unlawful sale of alcoholic
beverages.
6.Minnesota Statutes §§ 97B.021, 97B.045, 609.66 through 609.67 and 624.712
through 624.716, which prohibit the unlawful possession, transportation, sale or
use of a weapon.
7.Minnesota Statutes § 609.72, which prohibits disorderly conduct, when the
violation disturbs the peace and quiet of the occupants of at least one unit on the
licensed premises or other premises, other than the unitoccupied by the person(s)
committing the violation.
(b)Enforcement of disorderly use violations. A violation of any of the foregoing
ordinances or statutes is established by a finding of guilt by a court of competent
jurisdiction, even if there is a stay of adjudication or other post-conviction orders
or proceedings. The building official shall notify the property owner and the city
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administrator when any such charges are brought against a tenant or guest unless
prohibited from doing so by law.
Section 505.15: UNFIT FOR HUMAN HABITATION.
Subd. 1: Vacation of Building. Any dwelling, dwelling unit, or rooming unit which is
damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested, or which lacks
provision for basic illumination, ventilation or sanitary facilities to the extent that the defects
create a hazard to the health, safety or welfare of the occupants or of the public may be declared
unfitfor human habitation. Whenever any dwelling, dwelling unit, or rooming unit has been
declared unfit for human habitation, the Compliance Official shall order same vacated within a
reasonable time and shall post a placard on same indicating that it is unfit for human habitation,
and any operating license previously issued for such dwelling shall be revoked.
Subd. 2: Reoccupation. It shall be unlawful for such dwelling, dwelling unit, or rooming
unit to be used for human habitation until the defective conditions have been corrected and
written approval has been issued by the Compliance Official. It shall be unlawful for any person
to deface or remove the declaration placard from any such dwelling, dwelling unit or rooming
unit.
Subd. 3: Secure Units and Vacated Dwellings. The owner of any dwelling, dwelling
unit, or rooming unit which has been declared unfit for human habitation, or which is otherwise
vacant for a period of 60 days or more, shall make same safe and secure so that it is not
hazardous to the health, safety and welfare of the public and does not constitute a public
nuisance. Any vacant dwelling open at doors or windows, if unguarded, shall be deemed to be a
hazard to the health, safety and welfare of the public and a public nuisance within the meaning of
this Ordinance.
Subd. 4: Hazardous Building Declaration. In the event that a dwelling has been declared
unfit for human habitation and the owner has not remedied the defects within a prescribed
reasonable time, the dwelling may be declareda hazardous building and treated consistent with
the provisions of Minnesota Statutes.
Section 505.16: COMPLIANCE ORDER.
Subd. 1: Issuance. Whenever the Compliance Officialdetermines that any dwelling,
dwelling unit, or rooming unit, or the premises surrounding any of these, fails to meet the
provisions of this Ordinance, he may issue a Compliance Order setting forth the violations of the
Ordinance and ordering the owner, occupant, operator or agent to correct such violation. This
Compliance Order shall:
a)Be in writing.
b)Describe the location and nature of the violations of this Ordinance.
c)Establish a reasonable time for the correction of such violation and notify of
appeal recourse.
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d)Be served upon the owner or his agent or the occupant, as the case may require,
with a copy being provided to the city administrator. Such notice shall be deemed
to be properly served upon such owner or agent, or upon any such occupant, if a
copy thereof is
1.Served upon him personally, or
2.Sent by registered mail to his last known address, or
3.Upon failure to effect notice through (a) and (b) as set out in this section,
posted at a conspicuous place in or about the dwelling which is affected by
the notice.
Subd. 2: Right of Appeal. When it is alleged by any person to whom a compliance order
is directed that such compliance order is based upon erroneous interpretation of this Ordinance,
such person may appeal the compliance order to the Planning Commission sitting as a Board of
Appeals. Such appeals must be in writing, must specify the grounds for the appeal, must be
accompanied by a filing fee in an amount as may be established by resolution of the City
Council, paid in cash orcashier's check and must be filed with the City Administrator/Clerk
within five (5) business days after service of the compliance order. The filing of an appeal shall
stay all proceedings in furtherance of the action appealed from, unless such a stay would cause
imminent peril to life, health or property.
Subd. 3: Board of Appeals Decision. Upon at least 5 business days notice to the
appellant of the time and place for hearing the appeal, and within 45 days after said appeal is
filed, the Board of Appeals shall hold a hearing thereon, taking into consideration any advice and
recommendation from the Compliance Official. The Board of Appeals may reverse, modify, or
affirm, in whole or in part, the compliance order and may order return of all or part of the filing
fee if the appeal is upheld.
Subd. 4: Restrictions on Transfer of Ownership. It shall be unlawful for the owner of
any dwelling, dwelling unit, or rooming unit upon whom a pending compliance order has been
served to sell, transfer, mortgage, lease or otherwise dispose thereof to another person until the
provisions of the tag or compliance order have been complied with, unless such owner shall
furnish to the grantee, lessee, or mortgagee a true copy of any notice of violation or compliance
orderand shall obtain and possess a receipt of acknowledgment. Anyone securing an interest in
the dwelling, dwelling unit, or rooming unit who has received notice of the existence of a
violation tag or compliance order shall be bound by same without further service of notice upon
him and shall be liable to all penalties and procedure provided by this Ordinance.
Subd. 5: Penalties. Any person who fails to comply with a compliance order after right
of appeal has expired, and any person who fails to comply witha modified compliance order
within the time set therein shall be guilty of a misdemeanor. Each day of such failure to comply
shall constitute a separate punishable offense.
Subd. 6: Reinspection. The Compliance Officer shall reinspect the property to determine
if the owner has complied with the compliance order. If compliance has not been completed
upon reinspection, the owner shall be assessed a reinspection fee for that reinspection and each
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subsequent reinspection for compliance. Failure to pay thereinspection fee shall constitute a
failure to comply with the compliance order. The reinspection fee will be in an amount as
established by resolution of the City Council.
Subd. 7: Execution of Compliance Orders by Public Authority. Upon failure to comply
with a compliance order within the time set therein and no appeal having been taken, or upon
failure to comply with a modified compliance order within the time set therein, the criminal
penalty established hereunder notwithstanding, the City Council may by resolution cause the
citied deficiency to be remedied as set forth in the compliance order. The cost of such remedy
shall be a lien against the subject real estate and may be provided by Minnesota Statutes, Chapter
429, but the assessment shall be payable in a single installment.
Section 505.17: ALTERNATIVE SANCTIONS. Notwithstanding the availability of the
foregoing compliance procedures and the penalties, wheneverthe Compliance Official
determines that any dwelling, dwelling unit, or rooming unit or the premises surrounding any of
these fails to meet the requirements set forth in this Ordinance, the Compliance Official may
issue a violation tag summoning the responsible person into court or request the issuance of a
criminal complaint and arrest warrant.
Section 505.18: PENALTIES. Any person violating any of the provisions of this
Ordinance by doing any act or omitting to do any act which constitutes a breach of any section of
this Ordinance shall upon conviction thereof by lawful authority, be guilty of a misdemeanor,
punishable as herein defined. Each day that a violation continues shall bedeemed a separate
punishable offense. No provision of this ordinance designating the duties of any official or
employee of the City shall be so construed as to make such official or employee liable for the
penalty provided in this section because of failure to perform such duty, unless the intention of
the City Council to impose such penalty on such official or employee is specifically and clearly
expressed in the section creating the duty.
Section 505.19: SEPARABILITY. Every section, provision, or part of this Ordinance is
declared separable from every other section, provision, or part to the extent that if any section,
provision or part of the Ordinance shall be held invalid orunconstitutional, it shall not invalidate
any other section, provision or part thereof.
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