Stat. §462.358 and 505.03 convey responsibilities and authority to cities for the establishment of platting and subdivision regulations. The purpose of this Chapter is to establish platting and subdivision regulations that provide for the orderly, efficient, and safe development of land, urban services and facilities; promote the public health, safety, and general welfare of the community by establishing physical standards, design requirements, and procedures for the platting and subdivision of land, and establish procedures that permit flexibility in land development.

The Planning Commission and City Council, in the review of subdivision requests and in the application of this Chapter, must take into consideration the requirements of the City and the best use of the land being subdivided. Particular attention must be given to the width and location of streets, sidewalks, suitable sanitary utilities, surface drainage, lot sizes and arrangements, as well as requirements such as parks and playgrounds, schools, and recreation sites, and other public uses. All of the following findings must be made prior to the approval of a subdivision:

11-1502.1

All the applicable provisions of the City Code are complied with;

11-1502.2

The proposed subdivision will not be detrimental to the present and potential surrounding land uses;

11-1502.3

The area surrounding the subdivision can be planned and developed in coordination and compatibility with the proposed subdivisions;

11-1502.4

No land shall be subdivided which is determined by the Planning Commission, after investigation by the City Engineer, to be unsuitable for use because of flooding, drainage, slope, soil conditions, rock formation, or any other feature likely to be harmful to the health, safety, or welfare of the future residents in the proposed subdivision;

11-1502.5

The subdivision preserves and incorporates the site's important existing natural features, whenever possible;

11-1502.6

No property may be subdivided, platted, nor replatted unless City sewer and City water shall be available to such property, and

11-1502.7

The subdivision can be economically served with public facilities and services.

11-1502.8

If a variance is requested under subsection 11-1504.7, the following additional findings are needed:

(1)

The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are generally not applicable to other property;

(2)

The literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district;

(3)

The special conditions and circumstances do not result from the actions of the applicant; and

(4)

Because of the particular natural surroundings, shape, or topographical conditions of the specific property involved, unusual hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out.

Stat. §462.358, subd. 4b. No conveyance of land to which these regulations are applicable may be filed or recorded if the land is described in the conveyance by metes and bounds, by reference to an unapproved registered land survey made after April 21, 1961 or by reference to an unapproved plat. The owner or agent of the owner of any parcel of land shall not divide any lot or parcel of land by the use of metes and bounds for the purpose of sale, transfer, or lease with the intent of evading the provisions of this chapter. All such described divisions shall be subject to all the requirements herein. No building permit shall be issued for the construction or expansion of any structure located on a lot or plat subdivided or sold in violation of the regulations of this Chapter. No plat shall be filed with the County which does not bear the signatures of the Chairperson of the Planning Commission, the Mayor, and the City Clerk.

11-1503.1

Pursuant to Minn. Stat. §462.358, subd. 4b, the foregoing provision does not apply to conveyance if the land described:

(1)

Was a separate parcel of record on or prior to March 7, 1962;

(a)

Subject to a written agreement to convey entered into prior to March 7, 1962;

(b)

Was a separate parcel of not less than two and one-half acres in area and 150 feet in width on January 1, 1966;

(c)

Was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980;

(d)

Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width, or

(e)

Is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width.

11-1503.2

In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the City Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded.

Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this subdivision shall forfeit and pay to the City a penalty of not less than $100 for each lot or parcel so conveyed. The City may enjoin such conveyance or may recover such penalty by a civil action in any court or competent jurisdiction.

11-1504.1

Preliminary Plats. Every proposed subdivision, excluding lot splits and registered land surveys, must be submitted in the form of a preliminary plat, to the Director who must transmit it to the Planning Commission for consideration. The preliminary plat is not intended to be a final plat. The purpose of a preliminary plat is to graphically show all of the facts needed to determine whether the proposed plat meets the requirements of this Section. The preliminary plat must be prepared by a qualified professional. Inaccurate or insufficient information supplied by the applicant may be cause for disapproval of a preliminary plat.

(1)

Filing a Preliminary Plat. The developer must use the following procedure for approval of a preliminary plat unless waived in writing by the Director.

(a)

An application form signed by the property owner(s) or authorized representatives;

(b)

The required application fee; and

(c)

And other information enumerated in the Preliminary Plat Review Submittal Checklist, a form outlining the information required to support the application.

(2)

Disposition of a Preliminary Plat by the Planning Commission. Within 60 days after the preliminary plat application is received, the Planning Commission must conduct a public hearing in accordance with subsections 11-305.4 and 305.5 and make a recommendation to the Council to approve the plan, deny the plan or approve the plan with modifications or conditions.

(3)

Disposition of a Preliminary Plat by the City Council. The City Council must take action on the preliminary plat within 120 days following receipt by the Director of a properly completed application. If the recommendation from the Planning Commission has not been received by the City Council within the 120-day period, the Council may act without such recommendation. The City Council may require such revisions in the preliminary plat as it deems necessary for the health, safety, and general welfare of the City. Approval of a preliminary plat does not constitute approval of a final plat.

(4)

Effect of Preliminary Approval. Approval of the preliminary plat by the City Council gives the applicant the following rights for a 12-month period from the date of approval:

(a)

That the general terms and conditions under which the approval was granted will not be changed by the City.

(b)

That the applicant may submit on or before such expiration date, the whole or any part of the approved plat for final approval.

(c)

The City Council may extend the time period of preliminary approval for one additional year, upon written application by the developer and for good cause shown. If the final plat is not filed within one year following approval of the preliminary plat, and an extension of preliminary approval has not been granted, the approval of the preliminary plat shall be considered void.

11-1504.2

Final Plat. After approval of the preliminary plat, the subdivider may, within 12 months, submit to the Director the final plat of subdivision incorporating all modifications required on the preliminary plat. The final plat may constitute the entire land area covered by the preliminary plat or only that portion which the subdivider proposes to record and develop within the succeeding year, provided that the public improvements to be constructed in the area covered by the plat are sufficient to provide for the health, safety, and convenience of the future residents and for access to contiguous area.

(1)

Filing a Final Plat. Application for final plat approval must be made in writing to the Director at least three weeks prior to the appropriate meeting of the City Council. The final plat must be accompanied by the following information before it may be placed on the Council agenda:

(a)

An application form signed by the property owner(s) or authorized representatives;

(b)

The required application fee; and

(c)

And other information enumerated in the Final Plat Review Submittal Checklist, a form outlining the information required to support the application.

(2)

Disposition of the Final Plat by the City Council. Within 60 days after the application date, the City Council must approve, approve with conditions or disapprove the final plat and accept or reject the areas reserved for or dedicated for public use. No final plat will be approved by the City Council which does not conform to the approved preliminary plat or which does not meet the requirements of this Section. The Director must notify the owner and subdivider in writing of the Council's decision.

(3)

Recording the Final Plat. Within 90 days after the City Council takes final action on a subdivision plat, the owner must record the plat with the County. The subdivider must furnish the City with a receipt from the County showing evidence of the recording of the final plat. Failure of the subdivider to comply with the requirements of recording will be cause for rescission of approval by the City Council following notice and a public hearing. Prior to releasing the final plat for recording, the applicant must provide the following:

(a)

A signed Developers Agreement, if applicable;

(b)

Easement documents as required by conditions of approval;

(c)

Private common utility and access agreements, if applicable;

(d)

Park dedication payment, if applicable;

(e)

Signed petition and agreement for the installation of public improvements if applicable, and

(f)

Any other documents, as required by conditions of approval.

11-1504.3

Vacation of a Plat or Subdivision.

(1)

Any plat or any part of a plat may be vacated by the owner of the property, before the sale of any lot therein, by a written instrument, with a copy of the plat attached, declaring the same to be vacated. Such vacation shall require the approval of the City Council in the same manner as for plats of subdivisions. The City Council may reject any such instrument which abridges or destroys any public rights in any of its streets or alleys. Such an instrument shall be approved and recorded in the same manner as plats or subdivisions. After being recorded, such instrument shall nullify the recording of the plat so vacated and divest all public rights in the streets, alleys and public grounds, and all dedications laid out or described in such plat.

(2)

When lots have been sold, the plat may be vacated as stated in subsection 11-1504.3(1), provided that all the owners of lots in such plat join in the execution of such instrument.

(3)

Platted areas may be replatted, provided that they follow the provisions of this Section.

11-1504.4

Lot Splits. A lot split may be used with any division of a lot, parcel or tract of land into two parcels and when no street right-of way is needed.

(1)

Application. Application for a lot split must be made on forms furnished by the Planning Department and must include the following:

(a)

An application form signed by the property owner(s) or authorized representatives;

(b)

The required application fee; and

(c)

And other information enumerated in the Lot Split and Registered Land Survey Review Submittal Checklist, a form outlining the information required to support the application.

(2)

The division of a lot, parcel or tract of land into two parcels when one or both divided parcels has a width which is less than 70 percent of the required minimum lot width as provided in subsection 11-1300.3 of this Code may be recommended for approval provided that:

(a)

The lot or parcel is zoned for single family residential uses and the Comprehensive Development Plan is in conformity with that zoning; and

(b)

Two separate dwelling structures were constructed on the lot or parcel prior to July 1, 1985 and are currently being used for residential purposes or were so used within six months prior to the application for the lot split; and

(c)

Following the division, each of the dwelling structures will be located on separate parcels; and

(d)

Each of the structures will be served by separate utility services; and

(e)

Neither resulting lot will have a width less than the width of the parcel prior to the lot split.

(3)

Disposition of a Lot Split by the Planning Commission. Within 60 days after the application is received, the Planning Commission must conduct a public hearing in accordance with subsections 11-305.4 and 11-305.5 and make a recommendation to the Council to approve the plan, deny the plan or approve the plan with modifications or conditions.

(4)

Disposition of the Lot Split by the City Council. The City Council must take action on the lot split within 120 days following receipt by the Director of a properly completed application. If the recommendation from the Planning Commission has not been received by the City Council within the 120-day period, the Council may act without such recommendation. The City Council must approve, approve with conditions or disapprove by resolution. If approved, following compliance with all conditions of approval, a certified copy of the resolution approving the lot split shall be attached to the notice of approval and forwarded to the petitioner. The lot split, together with a certified copy of the resolution, can then be recorded with the County. Within 90 days from the date of approval, the petitioner must furnish the City with a receipt from the County showing evidence of the recording of the lot split. Failure of the petitioner to comply with the requirements of recording will be cause for rescission of approval by the City Council following notice and a public hearing.

11-1504.5

Registered Land Survey. A registered land survey (RLS) may be used with any division of a lot, parcel or tract of land into two parcels and when no street right-of way is needed.

(1)

Application. Application for a RLS shall be made on forms furnished by the Planning Department and must include the following:

(a)

An application form signed by the property owner(s) or authorized representatives;

(b)

The required application fee; and

(c)

And other information enumerated in the Lot Split and Registered Land Survey Review Submittal Checklist, a form outlining the information required to support the application.

(2)

Disposition of a Lot Split by the Planning Commission. Within 60 days after the application is received, the Planning Commission must conduct a public hearing in accordance with subsections 11-305.4 and 11- 305.5 and make a recommendation to the Council to approve the plan, deny the plan or approve the plan with modifications or conditions.

(3)

Disposition of the Registered Land Survey by the City Council. The City Council must take action on the Registered land Survey within 120 days following receipt by the Director of a properly completed application. If the recommendation from the Planning Commission has not been received by the City Council within the 120-day period, the Council may act without such recommendation. The City Council must approve, approve with conditions or disapprove by resolution.

(4)

All Registered Land Surveys shall be prepared in conformance with M.S. 508.47, Subdivision 4, which is incorporated herein by reference.

(5)

Prior to approval of a Registered Land Survey, the Council reserves the right to require the dedication of street or utility easements or public park land to the City.

(6)

Within 90 days from the date of approval, the subdivider must furnish the City with a receipt from the County showing evidence of the recording of the Registered Land Survey. Failure of the subdivider to comply with the requirements of recording will be cause for rescission of approval by the City Council following notice and a public hearing.

11-1504.6

Exception for Boundary Adjustment. A subdivision exception may be used with the adjustment of a lot line by the relocation of a common boundary. The adjustment cannot result in the creation of any new lots.

(1)

Application. Application for a Subdivision Exemption must be made on forms furnished by the Planning Department and must include the following:

(a)

An application form signed by the property owner(s) or authorized representatives;

(b)

The required application fee, and

(c)

And other information enumerated in the Subdivision Exemption Checklist, a form outlining the information required to support the application.

(2)

Disposition of a Exception for Boundary Adjustment.

(a)

Within 60 days of receiving a complete application the Planning Commission must conduct a public hearing in accordance with subsections 11-305.4 and 11-305.5 and must approve, approve with conditions or deny the application. The Director must notify by letter the applicant of the decision. If the application is denied, the letter must include the reason(s) for denial.

(b)

If approved, following compliance with all conditions of approval, a certified copy of a Certificate of Exception from Subdivision Regulations approving the subdivision exemption must be recorded with the County. Within 90 days from the date of approval, the petitioner must furnish the City with a receipt from the County showing evidence of the recording of the exemption. Failure of the petitioner to comply with the requirements of recording will be cause for rescission of approval by the Planning Commission following notice and a public hearing.

(Ord. No. 2137, 5-19-15)

11-1504.7

Variances. The City Council may grant a variance to the subdivision regulations when compliance would create an unusual hardship to the development of the land.

(1)

Procedure for a Variance. A petition for any such variance must be submitted in writing by the subdivider at the time the subdivision application is filed with the Director. The petition must state fully the grounds for application and all pertinent facts.

(a)

Planning Commission Action. Prior to recommending a variance, the Planning Commission must conduct a public hearing in accordance with subsections 11-305.4 and 11-305.5 and make a recommendation to the Council on the proposed variance. The variance may be reviewed concurrently along with the preliminary plat or lot split. The recommendation on the variance must be forwarded to the City Council along with the recommendation on the subdivision. As part of such recommendation, the Planning Commission may suggest any conditions deemed advisable. Such recommendation must give consideration to the health, safety, order, convenience, general welfare, effect on present and potential land uses, and whether or not the proposal is in conformance with the City's Comprehensive Plan and its Goals and Policies.

(b)

City Council Action. The City Council must make a final determination on the application within 60 days after receipt of the Planning Commission's recommendation. Any variance from the terms of the Subdivision Regulations must be adopted by a vote of at least two-thirds of all members of the City Council at the time of preliminary plat and again at the time of final plat. The City Council cannot grant a variance to these regulations unless it finds that all of the following are met:

(i)

The intent of this Section;

(ii)

The granting of the variance will not be detrimental to the public safety, health or welfare, or injurious to other property or improvements in the neighborhood in which the property is located;

(iii)

The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are generally not applicable to other property;

(iv)

The literal interpretation of the provisions of this Section would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district;

(v)

The special conditions and circumstances do not result from the actions of the applicant; and

(vi)

Because of the particular natural surroundings, shape, or topographical conditions of the specific property involved, unusual hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out.

(2)

Conditions of Variance. The City Council may require conditions for approving a variance that will substantially achieve the intent and requirements of these regulations. Violations of such conditions will be deemed a violation of this Chapter.

11-1504.8

Planned Unit Developments. The requirements of this Chapter may be modified or excepted in the case of planned unit developments pursuant to Chapter 11-902.

11-1504.9

Alternative Construction Methods, Design Standards, and Required Improvements. Within a subdivision or planned unit development, alternative construction methods, design standards, and required improvements may be recommended by the Planning Commission and approved by the City Council if such methods, improvements, and design features are proven to meet the intent of the regulations in this Chapter or are required due to the physical features or the state of development of the property and its surrounding area.

(Ord. No. 2137, 5-19-15)

In addition to the design standards, all subdivisions must comply with all provisions of the City Code and applicable Minnesota Statutes.

11-1505.1

Streets.

(1)

New streets must provide continuation of existing streets or street network in the surrounding area.

(2)

Streets must be laid out to intersect at right angles, whenever possible. Intersection angles must not be less than 75 degrees unless otherwise approved by the City Engineer.

(3)

The grade of arterial streets shall not exceed five percent unless necessitated by exceptional topography and approved by the City Planning Commission. The grade of all other streets shall not exceed eight percent. The minimum grade of all streets shall be 0.5 percent. Sidewalks or crosswalks shall not exceed 12 percent grade.

(4)

Cul-de-sacs.

(a)

A cul-de-sac street shall not exceed 500 feet in length.

(b)

The diameter of a cul-de-sac turnaround (measured at the rights-of-way) shall be not less than 120 feet. Pavement diameter of a cul-de-sac turnaround shall be not less than 91 feet measured to back of curb.

(c)

Where a subdivision adjoins unsubdivided land, streets must be extended to the subdivision's boundary line and a temporary cul-de-sac constructed. The cul-de-sac must have a turnaround having an outside roadway diameter of at least 75 feet. Such temporary cul-de-sac must remain in existence until the street is extended beyond the subdivision's boundary line.

(5)

Street right-of-way and pavement widths:

(a)

The right-of-way for a local street may be reduced to 50 feet where no other arrangement is practical and a larger right-of-way would result in deficiencies in the depth of adjacent lots or in severely limited buildable areas on adjacent lots due to extremely poor soil conditions or topography.

(6)

Proposed streets must be extended to the boundary lines of the subdivision, unless prevented by topography or other physical conditions or unless in the opinion of the City Planning Commission such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts.

(7)

Where a new subdivision abuts an existing street which lacks the required right-of-way width, the additional right-of-way width may be required to be dedicated by the subdivider.

11-1505.2

Easements.

(1)

A minimum ten foot drainage and utility easement must be provided along all street frontages.

(2)

A minimum five foot drainage and utility easement must be provided along the side and rear lot lines, unless exempted by the City Engineer

(3)

A minimum twenty foot drainage and utility easement must be provided over public storm sewer, sanitary sewer or water main.

(4)

Where a subdivision contains a natural ponding area or is traversed by a watercourse, drainageway, channel, or stream, a storm water drainage easement must be provided which substantially conforms to the ponding area or lines of such watercourse up to the 100 year flood elevation. Such easement must be approved by the City Engineer.

(5)

Sidewalk and/or trail easements must be provided when needed.

11-1505.3

Lots.

(1)

The size, shape, and orientation of lots shall be appropriate for the location of the subdivision and for the type of use proposed. Lot dimensions must meet the zoning regulations. Lots fronting on a cul-de-sac shall have a minimum depth of 105 feet. No such lot shall have less than 20 feet of frontage on a cul-de-sac.

(2)

Every lot shall abut a public street or have access to a public street by means of a private drive.

(3)

Double frontage lots are prohibited except when lots abut a collector or arterial street. The minimum lot depth shall be increased by 15 feet for all double frontage lots whenever possible.

(4)

Side lot lines shall be approximately at right angles or radial to street lines.

Subsequent to approval of the final plat and prior to releasing the final plat for recording, the developer must enter into a developer agreement with the city for the installation of all improvements necessary for the subdivision. The developer must cause all street, water, sewer, drainage and other improvements required by the city to be completed pursuant to the developer agreement.

11-1506.1

Park Dedication Fee.

(1)

Because the subdivision of land results in additional development in the community and this causes additional demand upon the recreational and park facilities located therein, the subdivider shall dedicate lands for park purposes or pay a park dedication fee as hereinafter determined. Because of the current status of the park and recreational system for the City, and particularly the amount of undeveloped parkland, the need for additional lands for parks does not necessarily coincide with the areas being subdivided. Consequently, the Council determines that contributions by subdividers to the development of recreational park facilities should be primarily by payment of park dedication fees rather than land dedication.

(2)

Park dedication fees shall be deposited in the Park Improvement Fund and used solely for the purchase of parks or improvement of parks, playgrounds, community centers, or other recreational facilities in accordance with the park and recreational segment of the City's Comprehensive Plan. The Planning Commission and Parks and Recreation Commission shall make a recommendation to the City Council as to the location of any sites or facilities to be purchased with the above funds.

11-1506.2

Determination of Land to be Dedicated or Fees to be Paid.

(1)

Amount. The amount of land required to be dedicated by a developer will be based on the gross area included in the subdivision which could be developed for residential, commercial, or industrial purposes and will be determined by the following formula:

(a)

Residential.

Provided that if a lot, which is a platted lot as of January 1, 1981, is split into two lots, the land to be dedicated shall be five percent.

(b)

Industrial. The park dedication requirement for an industrial subdivision is five percent of the gross area included in the subdivision. Should the City elect to require a park dedication fee rather than a dedication of land, the fee must be equal to five percent of the fair market value of the subdivision land, but not to exceed three times the park dedication fee for a single-family residential unit as determined by the City Council.

(c)

Commercial. The park dedication requirement for a commercial subdivision is three percent of the gross area included in the subdivision. Should the City elect to require a park dedication fee rather than a dedication of land, the fee must be equal to three percent of the fair market value of the subdivision land, but not to exceed three times the park dedication fee for a single-family residential unit as determined by the City Council.

(2)

Procedure. Because differing amounts of land, or no lands at all, will be required in different subdivisions, the following procedure will be used:

(a)

If land is desired by the City, the subdivider must convey by deed or dedication the land selected by the City.

(i)

If the amount of land is less than the percentage required to be dedicated pursuant to subsection 11-1506.1(1), the subdivider must pay in addition a fraction of the park dedication fee otherwise payable, the nominator of which is the difference between the percentage of land dedicated and the percentage of land required to be dedicated and the denominator of which is the percentage of land to be dedicated.

(ii)

If the amount of land is greater than the percentage required to be dedicated, the City must pay to the subdivider the fair market value of the land in excess of the percentage required to be dedicated.

(b)

If the City elects to accept a fee in lieu of land dedication, the subdivider must pay to the City the amount of the fee as determined by the City Council by resolution.

(3)

Savings Clause. If any of the procedures for the determination of the park dedication fee as contained in (2) above are determined by any Court to be invalid for any reason whatsoever, the park dedication fee must then be determined as follows:

(a)

The City Assessor will determine the fair market value of the land to be divided at the time of the final approval.

(b)

A percentage equal to the percentage of land to be dedicated as contained in paragraphs (1) (a), (b), and (c) above, will be applied to the fair market value and will be the park dedication fee.

(4)

For purposes of subsection 11-1506.1 "fair market value" means a price that a willing buyer would pay and a willing seller would accept for the property including but not limited to zoning, financing, street, sewer, water and storm drain improvements or influences as determined by the City Assessor but excluding any buildings or structures located thereon.

11-1506.3

Credit for Private Open Space. Where private open space for park or recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, a credit of up to 25 percent of the requirements of subsection 11-1506.1 may be given, provided that the following conditions are met:

(1)

That such land area is not occupied by non-recreational buildings and is available for the use of all the residents of the proposed subdivision.

(2)

That required setbacks shall not be included in the computation of such private open space.

(3)

That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be defeated or eliminated without the consent of the City Council.

(4)

That the proposed private open space is of a size, shape, location, topography, and usability for park and recreational purposes or contains unique national features that are important to be preserved.

(5)

That the proposed private open space reduces the demand for public recreational facilities to serve the development.

11-1506.4

Other Required Land Dedication. A developer of a mobile home park, multiple-family, institutional, commercial, or industrial development, for which no subdivision of property is required, must comply with the above requirement of dedication of land for park and recreation purposes or the payment of fees in lieu thereof, prior to receiving City approval of the site plan for such development.

[Revised 10/15/13 Ordinance 2109] [Revised 10/15/13 Ordinance 2109]