Lake Elmo City Zoning Code

1. In all districts, all refuse, rubbish, or garbage (as defined in LEC 1.08) shall be kept in an enclosed building or properly contained in a closed container designed for the purposes.
2. The owner of vacant land shall be responsible for keeping the land free of refuse, rubbish, or garbage.

Unlicensed passenger vehicles and trucks shall not be parked in residential districts for a period exceeding seven days.

1. Screening. Screening shall be required in residential districts for any off-street parking area which contains more than four parking spaces and is within 30 feet of an adjoining residential lot.
2. Business, industrial screening. Where any business or industrial use (structure, parking, or storage) is adjacent to property zoned or developed for residential use, that business or industry shall be screened along the boundary of the residential property. Screening shall also be provided where a business, parking lot, or industry is across the street from a residential zone, but not on the side of a business or industry considered to be the front.
3. Exterior storage. All exterior storage shall be screened as required by LEC 105.04-I.
4. Mechanical apparatus on roofs. All mechanical apparatus on roofs shall be screened.
5. Loading docks. Loading docks shall be screened from all streets and adjacent property unless they are at the rear of the building which abuts another commercial use. The property owner may provide a 30-foot landscaped area between the dock and the property line where screening is not possible.

The purpose of LEC 105.04.050 et seq., is to promote the public health, safety, and general welfare of the community while protecting motor vehicle operators, pedestrians, and adjacent land uses from glare to ensure a dark sky area for proliferation of wildlife, fireflies, etc.

1. 1. Except for single- and two-family dwellings, an exterior lighting plan shall be submitted to the city in order to determine whether the purpose and requirements of LEC 105.04.050 et seq. have been met prior to installation or modification of exterior lighting.
   2. This plan will be prepared by a certified architect, landscape architect, or lighting designer.
2. 1. The applicant must provide a plan that identifies the location, size, and type of luminaire, and show how the applicant intends to comply with LEC 105.04.050 et seq.
   2. A photometric plan of the site and fixture data sheet must be submitted with a site plan for office, commercial, or any type of industrial project in order to determine the effect of the luminaire on surrounding properties.

1. Public roadway or street. No lights shall be placed in view of any public roadway or street so that its beams or rays are directed at any portion of the roadway when the light is of such brilliance and so positioned as to impair the vision of the driver of any motor vehicle.
2. Lighting in all zoning districts. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, shall be directed into any adjoining property.
3. Bare light bulbs. Bare light bulbs shall not be permitted in view of adjacent property or public right-of-way.
4. Light cast. No light or combination of lights, which cast light on a public street, shall exceed one footcandle meter reading as measured from the centerline of the street, nor shall any light or combination of lights, which cast light on an adjacent property, exceed four-tenths footcandles as measured from said property line.
5. Maximum height. The maximum permitted height for any light pole, as measured from at grade from the base of the pole to the top of the luminaire, shall be 15 feet in all residential districts and 30 feet in all nonresidential districts.
6. Exceptions. The requirements of LEC 105.04.050 et seq. do not apply to the following types of exterior lighting:
   1. Ornamental lighting. Ornamental landscape lighting fixtures, and solar operated light fixtures having self-contained rechargeable batteries, or any other ornamental, landscape or decorative lighting where any single light fixture does not exceed 200 initial light output lumens;
   2. Right-of-way lighting. Public lighting located within and intended for the right-of-way;
   3. Temporary lighting. Temporary lighting for public events (including, but not limited to, public sporting events, theatrical, television or performance areas) with an approved special event permit or held by the city;
   4. Required lighting. Lighting required by the Federal Aviation Administration or other state or federal agency;
   5. Public safety lighting. Temporary lighting for police, fire or public safety construction and repair personnel;
   6. Shoreline lighting. Certain shoreline lighting may be exempt from the requirements of these sections in order to provide sufficient illumination to a berthing structure, pier, or dock in the interest of public safety. Such fixture may be located anywhere on the property, including the principal structure, provided it meets the requirements of this subsection. Said fixtures shall be configured in a way to prevent illumination more than 50 feet beyond the berthing structure, pier or dock. Illumination shall only be activated during those times when the berthing structure, pier, dock or watercraft is in use.

The landscaping required on a lot shall consist of a finish grade and a soil retention cover such as sod, seed, mulch, and plantings, or as may be reasonably necessary to protect the soil and aesthetic values on the lot and adjacent property.

1. In all districts, all developed land shall have landscaping from the curb and gutter to the road right-of-way lines.
2. This landscaped yard shall be kept clear of all structures, exterior storage, and off-street parking.

Landscaping shall be provided and maintained on all required front and side yards in all developed districts except where pavement or crushed stone is used for walkways, driveways, or parking areas.

All open areas or any site, lot, tract, or parcel not otherwise improved shall be graded to provide adequate drainage and shall be landscaped.

It shall be the responsibility of the owner to see that the landscaping is maintained in an attractive and well-kept condition.

All lots, tracts, or parcels shall be properly maintained in accordance with their natural or existing character.

Turf must be established by the use of grass seed or sod on all lots, within 60 days of the issuance of a certificate of occupancy, excluding the time between October 1 and May 1. Turf must be established on all new developed lots by July 1, 2013. Alternate plans, other than turf, shall be approved by city staff prior to installation.

All commercial/industrial properties shall maintain trees, shrubs, landscaping, parking lots, and exterior signage. Dead trees and shrubs are to be replaced within four months of notice.

No person shall make any unauthorized use of any public site or open space which is detrimental to the turf and/or soil conditions.

1. Wind generators offer an alternative method of providing electrical power.
2. It is the intent of the city to regulate the facilities in order to protect the safety and welfare of residents of the city and in order to prevent wind generators from becoming a nuisance.

Wind generators are permitted in the Rural Residential (RR) and Agricultural (AG) Zoning Districts upon issuance of a wind generator permit.

1. Applicants for a wind generator permit shall complete application forms as provided by the city administrator.
2. The application shall include the following:
   1. A report from a professional engineer describing the proposed wind generator and certifying the safety of the device;
   2. A site plan of the applicant's property drawn to a scale of one inch equals 100 feet and illustrating the location of the wind generator and all other buildings or structures located within 300 feet of the base of the wind generator; and
   3. A statement indicating that the proposed wind generator is in compliance with all applicable regulations of the Federal Aviation Agency where appropriate.

1. The completed application shall be forwarded to the building inspector for review and recommendation. Within 30 days of the receipt of the completed application, the city administrator shall schedule a public hearing before the city council to review the application. The public hearing shall be preceded by ten days' mailed notice to all residents within 500 feet of the perimeter of the applicant's property.
2. Wind generator permits shall be issued subject to the following conditions:
   1. The minimum lot size requirement shall be 40 acres. The site must also be large enough to contain within its boundaries any debris resulting from tower failure and/or falling ice.
   2. The wind generator structure shall not exceed 125 feet in height.
   3. The wind generator and guy wires shall have a minimum setback of 150 feet from any property line.
   4. Fencing may be required if the structure poses a safety hazard to residents.
   5. Accessory buildings and guy wires must meet the setback requirements for the underlying zoning district.
   6. No lighting is allowed on the wind generator.
   7. Wind generators are prohibited in the Lake Elmo Airport Safety Zones.
   8. There shall be at least 1,000 feet between wind generators.
   9. If the applicant's property is subdivided into parcels of less than 40 acres, the wind generator shall be removed as a condition of the subdivision approval.
   10. Wind generator permits are not transferable. Upon sale of the property, the purchaser must apply for a new wind generator permit or remove the wind generator from the property.

1. Wind generator permits shall expire upon sale or subdivision of the property as provided above, but shall be reviewed annually.
2. Wind generator permits may be revoked by an affirmative vote of three councilmembers for noncompliance with the conditions of the permit.

Solar energy systems are permitted accessory uses in all districts, provided the system or equipment is in compliance with standards set forth below:

1. Permits. A building permit shall be obtained before the installation of solar arrays or panels on any property. All solar energy systems shall be installed and components labeled in accordance with the state electrical code section 690.
2. Rooftop or building integrated solar energy systems.
   1. These systems are permitted accessory uses in all districts in which buildings are permitted.
   2. Visibility, commercial installations. Commercial rooftop systems shall be placed on the roof to limit visibility from the public right-of-way or to blend into the roof design, provided that minimizing visibility still allows the property owner to reasonably capture solar energy.
3. Ground-mount solar energy systems.
   1. Ground-mount energy systems are permitted accessory uses in all districts where buildings are permitted.
   2. Ground-mount energy systems must comply with all accessory setback, height and lot coverage restrictions unless otherwise stated herein or a variance is granted and shall not encroach on any city easement unless an easement encroachment agreement approved by the planning director or his designee after review and approval from the city engineer or his designee has been executed. A certificate of zoning compliance is required for all solar energy systems unless a conditional use permit is required as stated herein.
   3. The collector surface of a ground-mount system and any foundation, compacted soil, or other component of the solar installation that rests on the ground is considered impervious surface. Vegetated ground under the collector surface can be used to mitigate stormwater runoff.
   4. Exemptions. Solar energy systems of a size of six square feet or less may be exempt from zoning district setback requirements.
4. Interconnection agreement. All electric solar energy systems that are connected to the electric distribution or transmission system through the existing service of the primary use on the site shall obtain an interconnection agreement with the electric utility in whose service territory the system is located. Solar energy systems connected directly to the distribution or transmission system must obtain an interconnection agreement with the interconnecting electric utility. Systems that are not directly connected to the grid or not connected to the electric system of a building that is connected to the grid are exempt from this requirement.
5. Glare.
   1. Glare produced from any solar energy system shall be minimized from affecting adjacent or nearby properties. Measures to minimize glare include selective placement of the system, screening of the solar array, modifying the orientation of the system, reducing use of the reflector system, or other remedies that limit glare.
   2. Mirror reflecting designed solar energy systems. Mirror reflecting designed solar energy systems are permitted only on properties with ten acres or larger. A conditional use permit is required and more restrictive setback standards may be required upon review of the conditional use permit.
6. Code requirements. Electric solar energy system components that are connected to a building electric system must have an Underwriters Laboratory (UL) listing. All solar installations must comply with the state electrical code and National Electrical Code. All rooftop or building integrated solar energy systems require a building permit and shall comply with the state building code. Solar thermal hot water systems shall comply with applicable state plumbing code requirements.
7. Decommissioning. A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. Decommissioning of solar panels must occur in the event they are not in use for 12 consecutive months. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the site. The city may require the posting of a bond, letter of credit or the establishment of an escrow to ensure proper decommissioning.
8. Easements allowed. Solar easements may be filed, consistent with M.S.A. § 500.30. Any building owner can purchase an easement across neighboring properties to protect access to sunlight. The easement is purchased or granted by owners of neighboring properties and can apply to buildings, trees, or other structures that would diminish solar access.

The purpose of this subchapter is to allow for and regulate the design, location, placement, construction, maintenance, and removal of wireless communications towers and antennas and to:

1. Reasonably accommodate the provision of wireless telecommunication services to the general public;
2. Provide safety/emergency service through the use of wireless communications facilities;
3. Minimize adverse visual effects of wireless telecommunication towers, antennas, or accessory equipment through careful design and siting standards;
4. Strictly control the location and design of wireless communications facilities so that allowed facilities will not be obtrusive or visually unpleasant and, in particular, to protect residential property and neighborhoods from visually intrusive tower installations where reasonably possible;
5. Provide clear standards governing all aspects of such facilities;
6. Avoid potential damage to adjacent properties from tower failures through structural standards and setback requirements;
7. Maximize the use of existing and approved towers, structures, and/or buildings for the location of new wireless telecommunication towers in order to reduce the number of the structures needed to accommodate wireless telecommunication services; and
8. Allow new facilities only when a documented proof of need satisfactory to the city can be shown.

1. 1. All new wireless communications facilities shall require a conditional use permit in accordance with the zoning district requirements specified in LEC 105.04.280 with the exception of those facilities that are exempt from review under this chapter or that may be approved administratively with a wireless communications permit.
   2. A public hearing for a new wireless communications facility that requires a conditional use permit shall be preceded by ten days' mailed notice to record owners of property located within 1,000 feet of the parcel on which the tower will be located.
2. Exemptions. The following are exempt from review under this chapter:
   1. Television antennas, satellite dishes one meter (39 inches) in diameter or less;
   2. Satellite dishes used commercially and three meters in diameter or less;
   3. Receive-only antennas;
   4. Amateur radio facilities, subject to other city Code requirements;
   5. Mobile services providing public information coverage of news events or of a temporary or emergency nature.
3. Administrative review. The following shall be allowed as a permitted use subject to the issuance of a wireless communications permit in accordance with LEC 105.04.280:
   1. Satellite dishes more than one meter (39 inches) in diameter;
   2. Ground-mounted antennas not exceeding the maximum height allowed for structures in the underlying zoning district;
   3. Building-mounted antennas not exceeding 25 feet above the highest part of the building to which they are attached;
   4. Utility pole-mounted antennas not exceeding 25 feet above the highest part of the utility pole to which they are attached;
   5. Antennas co-located on an existing wireless communications facility structure.

1. As part of an application for a conditional use permit or wireless communications permit, an applicant shall demonstrate proof of need by providing a coverage/interference analysis and capacity analysis, which indicates that the location and height of the tower or antennas as proposed is necessary to meet the frequency plus other spacing needs of the cellular communication system and/or to provide adequate portable radio coverage and capacity to areas which cannot be adequately served by locating the tower or antenna at another site. The proof of need for the tower or antennas must be demonstrated to the satisfaction of the city by providing the city an analysis from a qualified professional RF engineer with experience in radio frequency analysis work, which is subject to acceptance by the city prior to commencing the work.
2. The cost of the city's review, including an analysis of the proof of need, is the applicant's responsibility. An escrow shall be established in an amount required by council resolution for this purpose.
3. The analysis and the material provided by the engineer shall include at least the following:
   1. Structural capacity analysis. Provide an analysis of the impact of the proposed facility on the tower's carrying capacity of at least three antenna arrays required (using a typical maximum facility) under the co-location provision of this subchapter.
   2. Coverage/interference. Provide an analysis for:
      1. City property and other public property with signal strength values (expressed in decibels) for on street level, in vehicle, and in building level with said interference analysis indicating the protection afforded for all the frequencies in use or which could be in use by the city or other public safety agencies.
      2. Private property with signal strength values (expressed in decibels) for on street level and in building level with said analysis indicating the protection afforded property within one-half mile of the proposed facility and site.
   3. System capacity analysis. If the system coverage analysis does not show a coverage need, provide a system capacity analysis.
   4. Radio frequency radiation hazard analysis. The analysis must address compliance with the most current FCC Bulletin OET 65 radiation standard.
   5. Map of existing and proposed facilities. A map showing the location of all existing and any proposed towers within two miles of the site being considered. Communications equipment and towers within this area shall be identified by type, function, ownership/users and height. The capacity of existing towers located within two miles (the study area) to carry additional facilities must be provided.
   6. Map of existing buildings and structures. A map showing the location of all existing buildings, water towers and structures 75 feet or more in height above the ground and within two miles of the site being considered. The potential and efforts undertaken to use these buildings and structures as a supporting base for an antenna or communications facility purpose must be described and analyzed.
   7. Other information. Any other information deemed necessary by the city in order to demonstrate the need for a new wireless communications facility.
   8. Exception. If the request is limited to adding an antenna array on an existing tower without increasing the height of the tower support structure or otherwise permitted after an administration review under LEC 105.04.240, the city may waive some or all of the proof of need requirements listed above.

1. Location requirements for new facilities. If a new wireless communications facility is needed, based on the materials and studies submitted and reviewed by the city, the following preferences, listed in ranked order, shall be followed and each preference shall be analyzed to determine the most appropriate location:
   1. Use of existing towers. An existing tower may be used to support the proposed facility. If no existing tower has additional capacity, a determination must be made to show if and how towers in the study area can be modified to accommodate the proposed facility. The co-location requirements specified in LEC 105.04.270 shall be used to help determine whether or not an existing tower can be used to support a proposed facility.
   2. Use of existing structures. An existing structure over 35 feet high may be used. Preference shall be given to existing light poles, high voltage utility towers and water towers.
   3. Use of existing building four or more stories in height. Public and commercial buildings or structures four or more stories high which can more likely accommodate facilities without obstructing views or being obtrusive to scenic views shall be given preference over shorter buildings.
   4. Within an existing easement that contains utility poles over 75 feet in height or within 100 feet of said right-of-way.
   5. Public land and facilities. In situations in which one of the four options listed above is not feasible, land owned by the city or other public property shall have preference to private property.
   6. Private property within the city subject to the location and zoning requirements of this chapter and the following criteria:
      1. Less restrictive zoning districts shall be given preference over more restrictive zoning districts. For example, proposed sites in commercial or industrial districts will be given preference over sites in residential, rural residential or agricultural zoning districts.
      2. Sites with the least visual impact on residential areas and which are the most consistent with the community's rural character shall be given preference.
2. Lower ranked alternatives. In cases where a lower ranked alternative is proposed, the applicant shall file a written analysis demonstrating that, despite diligent efforts to adhere to the established hierarchy within the potential service area, as determined by a qualified radio frequency engineer, higher ranked options are not technologically feasible. An application for a lower-ranked site shall be considered incomplete without this written documentation.

1. In accordance with the location requirements and site preferential ranking found in this chapter, wireless communication services shall be located on existing towers or structures which exceed 35 feet in height and which are located within the potential service area for the site being proposed by the applicant. In the event that co-location is not possible, the applicant must demonstrate that a good faith effort to co-locate on existing towers and structures was made but an agreement could not be reached.
2. Exceptions to co-location requirements. The city council shall waive any or all of the co-location requirements if it is determined that:
   1. The antennas and/or tower accessory equipment would cause the structural capacity of an existing or approved tower or building to be exceeded, as documented by a qualified and licensed professional engineer, and the existing or approved tower or building cannot be reinforced, modified, or replaced to accommodate the antennas or tower accessory equipment at a reasonable cost;
   2. The antennas and/or tower accessory equipment would cause interference materially impacting the usability of existing antennas or tower accessory equipment as documented by a qualified radio frequency engineer and the interference cannot be prevented at a reasonable cost, or would otherwise prevent the use of existing antennas or related accessory equipment and structures;
   3. Existing or approved towers and buildings within the applicant's search radius cannot or will not accommodate the antennas and/or tower accessory equipment at a height necessary to function reasonably as documented by a qualified radio frequency engineer; and/or
   4. Other unforeseen reasons make it infeasible to locate the antennas and/or tower accessory equipment upon an existing or approved tower or building.

Wireless telecommunication towers shall not be allowed in the following areas:

1. Residentially zoned parcels (R-1, R-2, R-3, R-4, and RE zoning districts) of less than 2.5 acres or rural residential parcels of less than five acres unless the wireless telecommunication tower and ground facilities accessory thereto are located within an existing public utility power line right-of-way or other public right-of-way that contains utility poles over 75 feet in height or within 100 feet of said right-of-way;
2. Open space easements or conservation easements;
3. Airport impact zones without consent of the FAA; and/or
4. Open space preservation zoning districts.

1. Wireless communications facilities that require a conditional use permit, including the installation of a new tower, shall be permitted in the following districts and subject to the following height restrictions provided they meet all other requirements of this subchapter.
   
   

   Zoning District	Maximum Height (in feet)	Minimum Parcel Area
   A-Agriculture	125	10
   RR-Rural Residential Zoning	125	5
   R-1, R-2, R-3 and R-4 Residential	125	2.5
   OP-Open Space	125	2.5
   RE-Residential Estates	125	2.5
   GB, LB, CB, HB-Business	125	5
   BP-Business Park	125	5
   PF-Public Facility	125	None

2. The city council may increase the maximum height of a wireless communications facility by 25 feet in all residential and open space districts and 50 feet in agriculture, business and public facility districts, provided that an applicant is able to demonstrate a need for a higher facility and/or that the additional height will serve a public interest in allowing fewer towers to serve a given area.
3. Regardless of zoning district, new facilities may be allowed within an existing public utility power line right-of-way or other public right-of-way that contains utility poles over 75 feet in height or within 100 feet of said right-of-way.
4. Public land exemption. A wireless communication facility may be located on any parcel that is owned by the city or another public entity regardless of the zoning district or size of the property.

1. Wireless communications permit (administrative approval). An applicant seeking approval of a facility that can be approved administratively with a wireless communications permit shall follow all of the application requirements listed below for a conditional use permit but shall be exempt from those requirements found in the zoning code including the public hearing requirements. An application found to comply with the provisions of this chapter may be approved by the planning director. Approval shall be in writing, identifying the specific facility approved, the location, mounting height, and other pertinent information and any conditions of approval. If the requested facility is to be located on public property, the agreement allowing the facility shall be approved by the city council and executed prior to issuing the permit.
2. Conditional use permit. Wireless communications facilities that require a conditional use permit are subject to the requirements specified in the zoning code in addition to all requirements of LEC 105.04.240. Applications shall be submitted on forms provided by the city and shall include the following information:
   1. Plan drawing. A site plan drawn to scale acceptable to the planning director which illustrates:
      1. The parcel on which the tower and accessory ground facilities will be located;
      2. The existing and proposed buildings and structures on the tower parcel;
      3. The buildings located within 200 feet of the perimeter of the tower parcel; and
      4. Access easements as necessary to the tower parcel.
   2. Exterior plan drawing. A scaled drawing of the exterior of the proposed wireless communications facility, clearly showing the method of fencing, coloration, materials, and camouflage techniques being used.
   3. Post construction renderings. Photo-simulated post construction renderings of the proposed wireless communications facilities, equipment enclosures, and ancillary structures as they would look after construction from locations at the periphery of the proposed site, which shall, at a minimum, include renderings from the vantage point of any adjacent roadways and residential neighborhoods. The renderings shall also include photo-simulations of the antenna supporting structure after it has been fully developed with antenna structures (the applicant may assume for the purpose of the simulation that other antenna structures on the facility will resemble their proposed structure size and design). A minimum of two such renderings shall be provided; additional renderings may be required if the city determines that additional views should be considered.
   4. Exterior colors. Exterior paint or finish samples of the colors to be used in the construction of the wireless communication facility.
   5. Engineer's report. A report from a qualified and licensed professional engineer which:
      1. Describes the wireless communication tower height and design including a cross-section and elevation;
      2. Certifies the wireless communication tower's compliance with structural and electrical standards;
      3. Documents the height above grade for the mounting positions, which can be used for co-location and the minimum separation distances between the co-location positions; and
      4. Describes the wireless communication tower's capacity to support antennas, including an example of the number and type of antennas that can be accommodated on the wireless communication tower.
   6. Five-year plan. In conjunction with the information required to demonstrate the proof of need for a new facility under this subchapter, the applicant shall submit a five-year plan for wireless telecommunication facilities to be located within the city. The city acknowledges that the plans are fluid and in all likelihood will change depending upon market demands for the service. The city will maintain an inventory of all existing and reasonably anticipated cell site installations. The applicant shall provide the following written information in each five-year plan and the plan must be updated with each submittal for a new wireless communication tower permit as necessary:
      1. A description of the radio frequencies to be used for each technology;
      2. A list of all existing sites to be upgraded or replaced, and proposed cell sites within the city for these services by the applicant; and
      3. A presentation size map of the city, which shows the five-year plan for cell sites, or if individual properties are not known, the geographic service areas of the cell sites.
3. Application fee. An application fee in an amount prescribed from time to time by city council resolution as necessary to reimburse the city for costs incurred to process the wireless communication tower permit application along with an escrow payment as prescribed by the city council to cover the costs associated with the city's review of the permit.
4. FCC licensing. Confirmation that the applicant is properly licensed by the FCC, or is the authorized representative of a wireless communication provider properly licensed by the FCC.
5. Owner authorization. Written authorization from the property owner describing the area which will be subject to the tower lease.
6. Prevention of destructive interference. Documentation of the steps to be taken by applicant to avoid causing destructive interference to co-located previously established public safety communications facilities; and
7. Landscape and screening plan. A detailed landscape plan, which indicates how tower accessory equipment will be screened.

1. Where, due to the complexity of the methodology or analysis required to review an application for a wireless communications facility, the planning director may require a technical review by a third-party expert. The costs of this review shall be borne by the applicant, and shall be in addition to applicable conditional use or wireless communications permit, and building permit fees. The applicant shall submit an escrow deposit that may be applied towards the cost of such technical review upon notification from the director that a technical review is required, and shall remit any outstanding balance to the city for such review prior to issuance of a building permit. The maximum fee for such review and the required escrow deposit shall be in accordance with the fee schedule adopted by the city council.
2. The expert review may address any or all of the following:
   1. The accuracy and completeness of submissions;
   2. The applicability of analysis techniques and methodologies;
   3. The validity of conclusions reached;
   4. Whether the proposed wireless communications facility complies with the applicable approval criteria set forth in these regulations;
   5. Other matters deemed by the city to be relevant to determining whether a proposed wireless communications facility complies with the provisions of these regulations.
3. Based on the results of the expert review, the city may require changes to the applicant's application and submittals.
4. The applicant shall reimburse the city within 15 working days of the date of receipt of an invoice for expenses associated with the third-party expert's review of the application. Failure by the applicant to make reimbursement pursuant to this section shall abate the pending application until paid in full.

All wireless communication towers erected, constructed, or located within the city, and all wiring therefor, shall comply with the requirements set forth in the city’s most recent building and zoning regulations.

1. Compliance with standards. Wireless communication towers shall comply with the following standards unless the city council grants a variance as necessary to reasonably accommodate the wireless communication tower. Variance procedures shall be processed according to the zoning code.
2. Design.
   1. To blend into the surrounding environment through the use of color; and architectural treatment and techniques that softens the visual impact of the wireless communication tower on the surrounding environment;
   2. To be of a monopole design unless the city council determines that an alternative design would better blend into the surrounding environment;
   3. All proposed wireless communication towers shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is less than 100 feet in height, provided that this standard may be waived or otherwise modified by the city council as necessary to allow the applicant to construct a wireless communication tower that better blends into the surrounding environment;
   4. Where possible, all proposed wireless communication towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at various heights;
   5. All facilities shall be designed to minimize the visual impact to the greatest extent feasible by means of placement, screening, landscaping with native species, whenever feasible, and camouflage, and be compatible with existing architectural element, building materials, and other site characteristics. The applicant shall use the least visible antennas possible to accomplish the coverage objectives.
3. Adverse effects on properties.
   1. New wireless communications facilities shall be configured and located in a manner that shall minimize adverse effects, including visual impacts on adjacent properties. The applicant shall demonstrate that alternative locations, configurations, and facility types have been examined and shall address in narrative and graphic form the feasibility of any alternatives that may have fewer adverse effects on adjacent properties than the facility, configuration and location proposed.
   2. The following attributes shall be considered from vantage points at adjacent properties, roadways and occupied structures: height and location, mass and scale, materials and color, existing and proposed vegetation and intervening structures.
   3. An applicant shall demonstrate through the photo-simulation requirements under LEC 105.04.300(b)(3) that the project design employs each of these attributes in a manner that minimizes adverse effects to the greatest extent possible.
   4. All facilities that have the potential for high visibility shall be sited in such a manner as to cause the least detriment to the view shed of adjoining properties.
4. Setbacks.
   1. No communications tower shall be located in the required front, side or rear yard setback of any parcel.
   2. 1. No freestanding communications tower shall be located closer than 125 percent of the tower height from any lot lines with the following exceptions:
      2. Towers in a side or rear yard that are adjacent to parcels zoned commercial, industrial or public facility.
   3. Setbacks from buildings:
      1. In residential zoning districts, wireless communications towers shall be set back a minimum of 100 percent of the tower height from a residential dwelling except for dwellings on the subject property.
      2. In all other zoning districts, the minimum setback between structures as required by the building code shall be observed.
   4. Use of existing light poles, high voltage poles or towers and other existing structures are exempt from the setback requirements, provided that such pole, tower or structure is not increased in height.
   5. Wireless communications towers located within an existing public utility power line right-of-way or other public right-of-way that contains utility poles over 75 feet in height or within 100 feet of said right-of-way shall be exempt from the setbacks as herein required.
   6. A required setback may be reduced or its location in relation to a public street varied upon providing the city with a licensed professional engineer's certification that the wireless communication tower is designed to collapse or fail within a distance or zone shorter than the required setback distance.
5. Height. The maximum height of a wireless communications tower shall be determined based on the underlying zoning district and will be the amount specified in LEC 105.04.290.
6. Lighting. At night, wireless communication towers shall not be illuminated by artificial means, unless otherwise required by the Federal Aviation Administration (FAA).
   1. White strobe lighting is prohibited.
   2. The applicant shall document the need for lighting as part of a new wireless communications facility application.
   3. A site that requires lighting shall only be accepted when no other suitable alternative exists. A new tower may be rejected on the grounds that lighting will be a visual nuisance to surrounding properties.
7. Landscaping and screening.
   1. All wireless communications towers and related building facilities shall be landscaped and screened with natural vegetation to lessen the visual impact. The natural vegetation on the site shall be documented on the site plans. Suitable existing vegetation shall be retained to the maximum extent possible based on an analysis of the site. New landscaping shall be selected that includes coniferous and deciduous plants and trees that are hardy for conditions on the site without the use of augmented water.
   2. Landscaping shall include ground cover, lower story, mid-story and upper story plants. Plant density shall be sufficient to provide 80 percent opacity year-round from the ground up to a distance of five feet high for 60 percent or more of the site with the planting to be located based on an analysis of the site in relation to the surrounding area. Greater or lesser amounts and percentages may be required or allowed based on the city's review.
8. Signs and advertising. The use of any portion of a wireless communications tower for signs other than warning or equipment information is prohibited.
9. Interference with public safety communication. No wireless communication facility shall interfere with public safety communications. All wireless communication towers/antennas shall comply with FCC regulations and licensing requirements.
10. Accessory utility buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and compatible with adjacent buildings, and shall be permitted in addition to the number of accessory buildings otherwise allowed in each zoning district.
    1. Ground-mounted equipment shall not be visible from beyond the boundaries of the site and shall be screened by a solid wall or fence and dense landscaping materials described in subsection (g) of this section.
    2. Accessory utility buildings shall observe the minimum setback requirements for accessory buildings in the underlying zoning district as well as all other applicable zoning and building requirements for accessory buildings.
11. Maintenance. All buildings and structures on the premises of the wireless communications facility shall observe the city's property maintenance standards of the city Code.

1. If the application is approved by the city, a wireless communications tower permit and a building permit shall be issued upon the execution of a wireless communication tower agreement.
2. The agreement shall be signed by the applicant and property owner and the terms of the agreement shall include the following:
   1. A list of the conditions of approval to the wireless communication tower permit;
   2. A statement indicating that failure to comply with the conditions of approval shall result in the removal of the wireless communication tower, antennas, or tower accessory equipment;
   3. A statement indicating that the expenses incurred by the city to enforce the provisions of the wireless communication tower agreement shall be reimbursed by the applicant;
   4. A statement, which requires the applicant to utilize the procedures established by the FCC to resolve any complaints received relating to interference allegedly caused by the wireless communication tower; and
   5. A statement indicating that a wireless communication tower which has not been used for six consecutive months shall be deemed abandoned and may be required to be removed in accordance with LEC 105.04.350. To ensure compliance with this provision, the applicant must submit a performance bond or letter of credit in an amount sufficient to cover the removal or reduction costs.

1. Towers and antennas shall be removed within six months of cessation of use.
2. An owner wishing to extend the time for removal or reactivation shall submit an application stating the reason for such extension. The planning director may extend the time for removal or reactivation up to 60 days upon showing of a good cause. If the tower or antenna is not removed in a timely fashion, the city may give notice that it will contract for removal within 30 days following written notice to the owner. Thereafter, the city may cause removal and be reimbursed for all costs associated with said removal by drawing on the funds provided with the financial guarantee.
3. Upon removal of the wireless communication facility, the site shall be returned to its natural state and topography and vegetated consistent with natural surroundings.

General conditions on a wireless communications permit may include, but not be limited to, the following:

1. An agreement providing for co-location and six-month removal of unused and/or obsolete towers shall be attached and become part of the permit.
2. The tower shall be set back a distance equal to the tower height from all property lines. All accessory structures shall be set back a minimum of 20 feet from all side yard and rear yard property lines.
3. Zoning permits shall be applied for and issued before any construction is started.
4. Prior to application for a conditional use permit, an applicant must obtain FAA approval and/or provide documentation that FAA approval is not needed.
5. Applicant must obtain FCC licensure and approval as required for various communications applications.
6. Applicant must submit proof of liability and worker's compensation insurance.
7. Proof that towers and their antennas have been designed by, and, following completion of construction, were inspected by a qualified and licensed professional engineer (at the applicant's expense) to conform to applicable state structural building standards and all other applicable reviewing agencies and to conform with accepted electrical engineering methods and practices as specified in applicable provisions of the National Electrical Code.
8. Metal towers shall be constructed of, or treated with, corrosive resistant material.
9. The addition of antennas and associated equipment of an additional provider to an existing permitted tower shall be considered co-location and shall require a zoning permit and site plan approval. An amendment to a conditional use permit shall typically not be required.
10. All towers shall be reasonably protected against unauthorized climbing. The area around the base of the tower and guy wire anchors shall be enclosed by a fence with a minimum height of six feet with a locked gate.
11. All towers and their antennas shall utilize building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environmentally to the greatest extent possible.
12. No part of any antenna or tower, nor any lines, cable, equipment, wires or braces shall at any time extend across or over any part of the right-of-way, public street, highway or sidewalk without approval by the city through the zoning permit approval process.
13. All obsolete or unused towers and accompanying facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state which includes removal of all concrete to six feet below normal grade and surrounding area returned to normal grading. Electronic equipment shall not be removed in advance of removal of obsolete or unused towers. To ensure compliance, the applicant must submit a performance bond or letter of credit in an amount sufficient to cover all removal costs as determined by the city prior to the issuance of a building permit for the facility. Failure to remove the structure shall be cause for the city to remove the tower and associated equipment and assess the cost against the required bonding or letter of credit instrument.
14. The city shall conduct a final inspection of the site to ensure that all requirements of the city Code and all conditions of approval attached as part of the wireless communications permit are met prior to the start of operation of the facility.
15. For installations of a facility in an area that could potentially be accessed by the public (including rooftop installations or other locations that would be considered public versus occupational) a radio frequency hazard analysis and a yearly report must be submitted before December 31 of each year showing the results of on-site measurements at the site. A registered professional engineer hired by the provider must sign these measurements and report. At a minimum, the report must document any changes to the site over the course of the previous year.
16. All towers must be approved by the FAA and registered with the FCC prior to the issuance of a building permit for a new facility.

1. The purpose of this subchapter is to encourage security, fire, or medical alarm users and alarm businesses (including, but not limited to, sales, installation, and/or monitoring) to maintain the operation reliability and the proper use of alarm systems so as to limit unnecessary police, fire, and emergency medical responses to false alarms and alarm malfunctions.
2. This subchapter governs burglary, robbery, intrusion, fire, and medical emergency false alarms, provides for service fees for excessive false alarms, and provides for issuance of citations or assessment of service fees.

1. False alarm warning notice. Each time the county sheriff’s office and/or the city fire department responds to a false alarm due to system malfunction or when no reason can be determined for the false alarm, the county sheriff’s office shall issue a false alarm warning notice.
2. Service fee. A service fee for excessive false alarms shall be charged as follows:
   1. No service fee shall be charged for the first three false alarms that occur within a 12-month period calculated from the date of the first alarm.
   2. More than three false alarms and up to and including six false alarms within a 12-month period shall result in a service fee. The fee shall be set from time to time by ordinance of the city council.
   3. More than six false alarms within a 12-month period shall result in a service fee. The fee shall be set from time to time by resolution of the city council.
   4. The city, based on false alarm response records provided by the county sheriff's office, will bill the service fee.
3. Service fee exceptions. No service fee shall be assessed if the false alarm is:
   1. Caused by an electrical storm, tornado, or other act of God where there is clear evidence of physical damage to the alarm system;
   2. Caused by intermittent disruption of telephone circuits beyond the control of the alarm site owner;
   3. Caused by electrical power disruption or failure more than two hours beyond the control of the alarm owner; and/or
   4. At a location where the county sheriff’s department has installed the VARDA or other similar alarms.
4. Requirement of payment of service fee. All false alarm service fees are due and payable within 30 days from date of invoice. In the event that false alarm service fees are not paid, as required by LEC 105.04.380 et seq., all delinquent accounts may be certified to the city administrator who shall prepare an assessment roll each year providing for assessment of the delinquent accounts against the respective property served. The assessment roll shall be delivered to the council for adoption on or before October 1 of each year. Upon approval of the assessment roll, the city administrator shall certify to the county auditor the amount due. The county auditor shall then enter the amount as part of the tax levy on the premises to be collected during the coming year. The action may be optional or subsequent to taking legal action to collect delinquent accounts.
5. Violations. A person commits an offense in violation of LEC 105.04.380 et seq. if the person suffers or permits three or more false alarms within a 12-month period.

The city's amateur radio tower antenna regulations are adopted in order to:

1. Facilitate the provision of amateur radio tower antenna services to the residents and businesses of the city;
2. Minimize adverse visual effects of amateur radio tower antennas through careful design and siting standards;
3. Avoid potential damage to adjacent properties from amateur radio tower antenna failures through structural standards and setback requirements.

No person shall install an amateur radio tower antenna higher that what is permitted in the zone in which it is located without first receiving the appropriate permit.

1. Applications for an amateur radio tower antenna permit shall be submitted to the city planner, and shall include the following:
2. 1. A survey drawn to scale, which illustrates the parcel on which the antenna will be located, buildings located on the parcel, buildings located within 100 feet of the parcel, and the location of the proposed amateur radio tower antenna;
   2. A drawing to scale, which illustrates the antenna's relative size and visibility from adjoining property. Amateur radio tower antenna structures shall not exceed 120 feet in height. The amateur radio tower antenna must be set back from all adjoining property lines a distance no less than the height of the amateur radio tower antenna plus 15 feet;
   3. Documentation from the amateur radio tower antenna manufacturer showing construction details and construction materials;
   4. Mailing addresses for all property owners of record located within 500 feet of the subject property; and
   5. A copy of the applicant's FCC amateur radio license.

1. Upon receipt of a completed application, the city planner shall schedule a hearing before the planning commission, which shall be preceded by ten days' mailed notice to the record owners of property located within 500 feet of the parcel on which the amateur radio tower antenna will be located.
2. The planning commission shall make recommendations to the city council regarding the issuance of an amateur radio tower antenna permit and, in particular, concerning the following:
   1. The reasonable necessity for the amateur radio tower antenna;
   2. The appropriateness of the amateur radio tower antenna design;
   3. The appropriateness of the amateur radio tower antenna's construction materials and assembly;
   4. Maintenance requirements; and/or
   5. The distance of the amateur radio tower antenna from adjoining property lines.

1. Upon receipt of planning commission recommendations, the city council shall review the application. The city council may approve the application subject to conditions, table its review until a date certain, or deny the application for an amateur radio tower antenna permit. If the application is approved by the city council, an amateur radio tower antenna and a building permit shall be issued upon the execution of an amateur radio tower antenna agreement.
2. The terms of the amateur radio tower antenna agreement shall include the following:
   1. A list of the conditions of approval to the amateur radio tower antenna permit;
   2. A statement indicating that failure to comply with the conditions of approval shall result in the removal of the amateur radio tower antenna structure;
   3. A statement indicating that the expenses incurred by the city to enforce the provisions of the amateur radio tower antenna agreement shall be reimbursed by the applicant;
   4. A statement, which requires the applicant to use the procedures established by the FCC to resolve any complaints received relating to interference allegedly caused by the amateur radio tower antenna; and
   5. A statement indicating that the amateur radio tower antenna permit shall be valid during the term of the amateur radio tower antenna agreement and only while the applicant resides on the property.

The city planner shall inspect the property at least annually for compliance with the provisions of the amateur radio tower antenna agreement. If the permittee does not comply with the terms of the agreement, a hearing shall be scheduled before the city council for determining whether to terminate the agreement. The hearing shall be preceded by ten days' mailed notice to occupants of property within 500 feet of the lot on which the amateur radio tower antenna is located.

1. Findings. The city finds that certain areas within the municipality are characterized by certain soil types, slopes, and water levels which, without proper corrective action, are unsuitable for development of any type; inappropriate development in these areas increases soil erosion and sedimentation, the introduction of toxic materials into groundwater, encourages pollution, destroys ecological and natural resources, and requires expenditures of public funds to correct deficiencies, contributing to the detriment of the health, safety, and welfare of the citizens of the city.
2. Purpose. The purpose of this subchapter is to provide for the regulation of development on restrictive soils in a way as to minimize the risk of environmental damage and to protect private homeowner's and governmental units from incurring high maintenance and capital costs resulting from the necessity to correct deficiencies encountered as a result of development on poorly suited soils.

LEC 105.04.450 et seq. shall apply to areas within the city which are delineated on the official soils maps of the city and have soil types set forth in Table A in LEC 105.04.470(d)(2). For the purposes of determining the application of LEC 105.04.450 et seq. to any particular parcel of land, the above-referenced map shall be on file in the office of the zoning administrator and shall be available for inspection and copying.

1. Permit. Except as provided in LEC 105.04.450 et seq., no person shall erect any structure within the restrictive soils overlay district without having first obtained a written permit from the zoning administrator authorizing erection of the structure.
2. Exceptions. The permit requirements established by LEC 105.04.450 et seq. shall not apply to:
   1. Any public agency or its contractor or any person performing work within a right-of-way of any public agency pursuant to a permit issued by the public agency;
   2. Emergency work necessary to preserve life or property. When emergency work is performed under LEC 105.04.450 et seq., the person performing it shall report the pertinent facts relating to the work to the zoning administrator prior to the commencement of the work. The zoning administrator shall review the facts and determine whether an emergency exists and shall, by written memorandum, authorize the commencement of the emergency exception. The person commencing emergency work shall, within ten days following the commencement of that activity, apply for the issuance of a restrictive soils development permit and on the issuance of the permit may be required to perform the work as is determined to be reasonably necessary to fulfill the purposes of LEC 105.04.450 et seq.; and/or
   3. Development consisting of the corrective alteration, repair, or maintenance of any lost full use of land existing on the date of adoption of LEC 105.04.450 et seq.
3. Application for and processing of permit.
   1. A separate application for a permit shall be made to the zoning administrator for each development for which a permit is required except that only one application need be made for two or more acts which are to be done on the same parcel.
   2. The application shall include a map of the site and a delineation of the soils found in the site along with a plan and cost estimate of the proposed development and the other engineering data, surveys, and other information and material as may be required in order to determine the effects of the development on the affected land and the suitability of the soils for the development. See LEC 105.04.740 to determine if a stormwater management plan or an erosion and sediment control plan is required.
   3. When proposed work includes construction or alterations of structures, the work shall be submitted with the application, along with detailed drawings of any special foundation structures and/or special provisions for on-site sewage disposal.
4. Issuance of permit. The following standards shall govern the issuance of permits for development within the restrictive soils overlay district.
   1. Development on restrictive soils shall not be permitted until an investigation and subsequent report has been completed and presented to the zoning administrator by a professional engineer or soil scientist experienced and knowledgeable in the practice of soils and soils mechanics, and until the recommendations of the investigation have been incorporated into the design plan and specification. No permit shall be issued for development on soils deemed by LEC 105.04.450 et seq. to be unsuitable.
   2. Table A, below, is a grouping of restrictive soils which are incorporated and made a part of LEC 105.04.450 et seq. The following soils groupings set forth in Table A are highly restrictive for residential, commercial, industrial, or other development due to high water table (three feet or less), steep slope conditions, high shrink swell potential, or high frost action potential. No development permit shall be issued unless it has first been demonstrated by the developer that buildings shall be constructed in accordance with the standards found in the state building code for appropriate soil conditions, and that a soil absorption disposal system can satisfactorily function in accordance with municipal regulations. The standards are incorporated by reference into LEC 105.04.450 et seq.
      Table A
      
      

      Soil Group/Slope	Soil Group/Slope	Soil Group/Slope
      2 D, E, F	298	859 D, E, F
      7 D, E, F	301	860
      8 D, E, F	302 D, E, F	861
      12 D, E, F	340	896
      49 D, E, F	342 D, E, F	1013
      100	367	1027 D, E, F
      132 D, E, F	453 D, E, F	1029 D, E, F
      151 D, E, F	454 D, E, F	1039 D, E, F
      153 D, E, F	460	1040
      155 D, E, F	472	1813
      158 D, E, F	488	1819 D, E, F
      169 D, E, F	504 D, E, F	1820
      174	529	1827 D, E, F
      177 D, E, F	857	1848 D, E, F
      259	858
      Notes to table: Letter references (A, B, C, D, E, or F) indicate a slope range.
      Symbol	Slope Description
      	Simple	Complex
      A	Nearly Level	Nearly Level
      B	Gently Sloping	Undulating
      C	Sloping	Rolling
      D	Moderately Sloping	Hilly
      E	Steep	Steep
      F	Very Steep	Very Steep
      Notes to table: If no slope symbol is specified, the entire soil type is restricted, regardless of slope.

5. Conditions. A special permit may be approved subject to compliance with conditions reasonable and necessary to ensure compliance with the requirements contained in the ordinance which are specifically set forth in the permits. The conditions may, among other matters, limit the size, kind, or character of the proposed development, require the construction of other structures, including special foundations and soil stabilization structures, establish required monitoring procedures, require the alterations of the site as may be necessary, and/or require the conveyance to the city or other public entity of certain lands or interests in the land.
6. Time of permit; extensions; renewals.
   1. A permittee shall begin the work authorized by the permit within 60 days from the date of issuance of the permit unless a different date for the commencement of work is set forth in the permit. The permittee shall complete the work authorized by the permit which in no event shall exceed more than 12 months from the date of issuance. The permittee shall notify the zoning administrator at least 24 hours prior to the commencement of work. If the work is not commenced as specified in LEC 105.04.450 et seq., then the permit shall become void. If, prior to the date established for commencement of work, the permittee makes written request to the zoning administrator for an extension of time to commence the work, setting forth the reasons for the required extension, the zoning administrator may grant the extension. A permit which has become void may be renewed at the discretion of the zoning administrator upon payment of renewal fee. If the zoning administrator does not grant the renewal, a permit for the work may be granted only upon compliance with the procedures established for any original application.
   2. The permittee shall notify the zoning administrator in writing of the termination of the work authorized and no work shall be deemed to have been completed until approved in writing by the zoning administrator following the written notification.
   3. The zoning administrator may cause inspections of the work to be made periodically during the course of the work by the zoning administrator or a member of the city staff and shall cause a final inspection to be made following the completion of the work.
7. Variances and appeals. Variances and appeals are administered pursuant to the zoning code.

1. Responsibility. Neither the issuance of a permit nor compliance with the conditions of the permit, nor with the provisions of LEC 105.04.450 et seq. shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit under this section serve to impose any liability of the city or its officers or employees for injury or damage to persons or property. A permit issued pursuant to LEC 105.04.450 et seq. does not relieve the permittee of the responsibility for securing and complying with any other permit which may be required by any other law, ordinance, or regulation.
2. Conflicts. Whenever LEC 105.04.450 et seq. is in conflict with another section, statute, or regulation, the more restrictive requirement shall govern.

1. Findings. The city finds that there are many wetlands within the municipality which, as part of the ecosystem, are critical to the health, safety, and welfare of the land, animals, and people within the city and the metropolitan area; that existing and potential development within the city creates increasing ecological problems and demands upon these resources; and that these problems and demands have the effect of polluting, eliminating, or altering both the wetlands and their functions (and the processes associated with wetlands and their functions) which if preserved and maintained constitute important physical, aesthetic, recreational, and economic assets of existing and future residents of the city.
2. Purpose. The purpose of this subchapter is to provide for the protection, preservation, proper maintenance, and use of the city's wetlands, to minimize the disturbance to them and to prevent damage from excessive sedimentation, eutrophication, or pollution, to prevent loss of fish or other beneficial aquatic organisms, and/or loss of wildlife and vegetation or the habitants of the same; to provide for the protection of the city's probable fresh water supplies from the dangers of drought, overdraft, pollution, or mismanagement; to secure safety from floods; to reduce the financial burdens imposed upon the communities through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding to prevent loss of life, property damage, and the losses and risks associated with flood conditions; to preserve the location, character, and extent of natural drainage courses.

LEC 105.04.500 et seq. shall apply to wetland areas within the city which are delineated on the official wetland maps of the city and have soil types as set forth in Table A of LEC 105.04.520(d)(1). For the purposes of determining the application of LEC 105.04.500 et seq. to any particular parcel of land or water, the above-referenced map shall be on file in the office of the zoning administrator and shall be available for inspection and copying.

Unless specifically defined in LEC 105.04.500 et seq., common definitions, words, and phrases used in LEC 105.04.500 et seq. shall be interpreted so as to give them the same meaning as they have in common usage throughout this Code and are found in LEC 1.08.

1. Permit. Except as provided in LEC 105.04.500 et seq., no person shall perform any of the following actions or otherwise alter the ecological characteristics of a wetland without first having obtained a written permit from the zoning administrator authorizing the alteration: deposit or remove any material within a wetland; excavate within a wetland; construct, alter, or remove any structure within, upon, or across a wetland; plant or remove any vegetation within a wetland; alter any embankment within a wetland, or change the flow of water through the wetland. The above actions shall be collectively referred to as "work."
2. Exceptions. The permit requirements established by LEC 105.04.500 et seq. shall not apply to:
   1. Any public agency or its contractor or any person performing work within a right-of-way of any public agency pursuant to a permit issued by the public agency;
   2. Emergency work necessary to preserve life or property. When emergency work is performed under LEC 105.04.500 et seq., the person performing it shall report the pertinent facts relating to the work to the zoning administrator prior to the commencement of the work. The zoning administrator shall review the facts and determine whether an emergency exists and shall, by written memorandum, authorize the commencement of the emergency exception. A person commencing emergency work shall, within ten days following the commencement of that activity, apply for the issuance of a wetlands permit and on the issuance of the permit may be required to perform the work as is determined to be reasonably necessary to correct any impairment to the wetland occasioned by the work; and/or
   3. Work consisting of the alteration, repair, or maintenance of any conforming use of land existing on the date of adoption of the ordinance codified in LEC 105.04.500 et seq.
3. Application for and processing of permit.
   1. A separate application for a permit shall be made to the zoning administrator for each work activity for which a permit is required except that only one application need be made for two or more acts which are to be done on the same parcel. The application shall include a map of the site and a plan and a cost estimate of the proposed development and the other engineering data, surveys, and other information and material as may be required in order to determine the effects of the development on the affected land and water uses, such as extent of wetland, a description of the amount and location of work to be performed, a survey of the ecological characteristics of the wetland, maps and data on soils, water table and the flood capacity of the wetland, and copies of permits or reports from state department of natural resources, Washington Soil and Water Conservation District. When proposed work includes construction or alteration of structures, three sets of plans and specifications for the work shall be submitted with the application.
   2. The wetlands permit application shall be processed in accordance with the procedures specified for the processing of conditional use permits, and the wetlands permit may be processed at the same time and in connection with the processing of an application for a building permit or any other permit required to be granted by ordinance of the city.
   3. See LEC 105.04.740 to determine if a stormwater management plan or an erosion and sediment control plan is required.
4. Issuance of permit.
   1. Restricted development. Table A, below, shows a grouping of wetland and wetland-prone soils on which development is restricted.
      Table A
      
      

      75	265	540
      113	266	541
      120	325	543
      123	329	544
      161	408	552
      162	449	862
      166	452	863
      170	456	1033
      189	468	1055
      225	481	1821
      264	507	1847

   2. No special permits. No special permits shall be issued unless the zoning administrator, engineer, and soil scientist find and determine that the proposed work complies with the following general and specific, if applicable, requirements.
   3. Filling into wetlands. It is the policy of the city to limit the placement of any fill material into wetlands in order to preserve the natural character of the wetlands, and maintain suitable aquatic habitat for fish and wildlife, and provide for sound surface water management and flood control.
      1. Placement in conformance with these rules shall be permitted in the following cases, subject to wetland permit, where applicable:
         1. Development of beach areas;
         2. Protection of shoreline from continued erosion by placement of rip-rap materials;
         3. Recovery of shoreland lost by erosion or other natural forces which has occurred within the last five years;
         4. Limited filling to allow raising of previous development constructed at too low an elevation; and/or
         5. Provide navigational access from riparian properties, where access cannot be gained by alternative means.
      2. Placement shall not be permitted in the following cases:
         1. To achieve vegetation control;
         2. To create upland areas for development or subdivision;
         3. To stabilize lake and stream beds which cannot support fill materials (e.g., excessive depths of muck, steep bank, or bed slope, and the like); and/or
         4. To stabilize areas of flowing water, active springs, or subject to substantial wave action, draft, sedimentation, or other disruptive forces.
      3. Except as otherwise provided in LEC 105.04.500 et seq., those wetlands which serve the following functions shall not be altered:
         1. Those that have a continuing scientific or educational value due to their location, size, flora, fauna, and other characteristics of the wetland;
         2. Those that clearly contribute to stormwater flood control or to the maintenance of domestic water supplies, minimum desirable stream flows, or lake water levels;
         3. Those that significantly contribute to the improvement of water quality;
         4. Those that currently or potentially serve a useful recreation function for a significant number of users;
         5. Those that make a significant contribution to scenic views;
         6. Those that provide significant resting, nesting, or spawning or breeding areas for water fowl, other birds, fish, or mammals; and
         7. Those that contain unique/endangered plant species of areas of historical significance.
      4. A permit shall be required for all other filling and shall be granted provided:
         1. The project is not unduly detrimental to the public purposes listed in M.S.A. § 103E.011, as it may be amended from time to time, including, but not limited to, fish and wildlife habitat, navigation, water supply and stormwater retention; filling of posted fish spawning areas is prohibited;
         2. The fill consists of clean inorganic material that is free of pollutants, nutrients, rubbish, refuse, and garbage as defined in LEC 1.08. The maximum particle size shall be eight inches;
         3. The existence of a stable, supporting foundation is established by appropriate means, including soil boring data where deemed necessary by the city engineer;
         4. Where erosion protection is deemed necessary by the city engineer, the site conditions and fill material are capable of being stabilized by an approved existing land uses on the affected public water; and
         5. The maximum extent of filling which may be permitted in a wetland shall be determined by flood storage and nutrient stripping capacity requirement for the wetland watershed.
   4. Excavation of public waters.
      1. Policy and general restrictions. It is the policy of the city to discourage the excavation of materials from the beds of public waters in order to preserve the natural character of public waters and their shorelands and maintain suitable aquatic habitat for fish and wildlife. Excavation shall be permitted provided the conditions of Minn. R. § 6115.0200, Excavation of Public Waters, as it may be amended from time to time, are met, except:
         1. Where it is intended to gain access to navigable water depths when access can be reasonably attained by utilizing a temporary or permanent dock;
         2. Where inland excavation is intended solely to extend riparian rights to non-riparian lands, or to promote the subdivision and development of non-riparian lands; and/or
         3. Where the proposed excavation will be detrimental to significant fish and wildlife habitat or protected vegetation.
      2. Dredging.
         1. General standards. A permit shall be required for all dredging subject to the following general standards:
            1. The project must be adequate in relation to appropriate geologic and hydrologic factors, including, but not limited to, quantity and quality of local drainage at the site; type of sediment/soil strata and underground formations in the vicinity; life expectancy of the dredging with respect to bed load, long-shore drift and siltation patterns in the project vicinity; and protection of the water body from increased seepage, pollution, and other hydrologic impacts.
            2. Adequate and stable on-land spoil disposal sites located above the ordinary high water mark and outside of floodway districts must be available for containment of dredged spoils, and project plans must include provisions for sodding, seeding, or otherwise properly-protecting these spoils. Dredge spoils may be placed below the ordinary high water mark only when the city determines that one or more beneficial public purposes will be enhanced.
            3. The proposed project must represent the minimal impact solution to a specific need with respect to all other reasonable alternatives such as weed removal without dredging, beach sanding, excavation above the bed of public water, less extensive dredging in another area of the public water, or management of an alternative water body for the intended purposes.
            4. The dredging must be limited to the minimum dimensions necessary for achieving the desired purpose. Where excavation is proposed on a water body that is perched on an impervious stratum, soil borings must show that the proposed excavation will not rupture the impervious stratum.
         2. Additional specific standards. The following categories of dredging projects shall be permitted, subject to the following specific restrictions.
            1. Beach development. The existing site conditions will not provide a suitable beach using a sand blanket alone. The area to be dredged shall be consistent with the general dimensions authorized for beach sanding under Minnesota Rules. The depth of dredging needed to reach a suitable beach stratum shall not be excessive considering anticipated site maintenance and desired water depths.
            2. Wetland improvement. The dredging shall be limited to the removal of accumulated sediment or rock debris where the materials constitute an impairment to the use of a common navigational corridor, impede reasonable access, or where it is intended to create open areas in aquatic vegetation to improve fish or wildlife habitat.
   5. Specific requirements.
      1. Work in the wetland will not be performed during the breeding season or water fowl or fish spawning season.
      2. No part of any septic tank system or of another sewage disposal system requiring on-land or in-the-ground disposal of waste shall be located closer than 75 feet from the edge of a wetland unless it can be shown that no effluent can reach the wetland because of existing physical characteristics on the site. On-site sewage disposal systems shall be permitted only if they meet state regulations and local regulations.
      3. Runoff from developed property and construction projects adjacent to a wetland may be directed to the wetland only when reasonably free of silt and debris and chemical pollutants, and at rates which will not disturb wetland vegetation or increase turbidity.
      4. No liquid waste shall be discharged in a wetland or disposed of in a manner that would cause the waste to enter the wetland.
      5. Wetlands may not be used for disposal of material which logically should be disposed of in a landfill, and no part of a wetland shall be used for a sanitary landfill.
      6. Floor elevation of buildings located within the district, if used for living quarters or work space, must be at least three feet above the seasonal high water level of the wetland.
      7. No development shall be allowed in the wetland protection district which will endanger the health, safety, and welfare of persons and which will result in unusual maintenance costs of road and parking areas or the breaking or leaking of utility lines.
      8. Removal of vegetation within the wetlands shall be permitted only when and where work within the wetland has been approved in accordance with the standards of LEC 105.04.500 et seq.
      9. Removal of vegetation within the district but outside the wetland shall be limited to that reasonably required for the placement of structures and the use of the property.
5. Conditions. A special permit may be approved subject to compliance with conditions reasonable and necessary to ensure compliance with the requirements contained in subsection (d) of this section, which are specifically set forth in the permits. The conditions may, among other matters, limit the size, kind, or character of the proposed work, require the construction of other structures, require replacement of vegetation, require monitoring procedures, stage the work over time, require the alteration of the site design to ensure buffering, or require the alteration of the site design to ensure buffering, or require the conveyance to the county or another public entity of certain lands or interests in the land.
6. Time of permit; extensions; removals.
   1. 1. A permittee shall begin the work authorized by the permit within 60 days from the date of issuance of the permit unless a different date for the commencement of work is set forth in the permit. The permittee shall complete the work authorized by the permit within the time limits specified in the permit which in no event shall exceed more than 12 months from the date of issuance. The permittee shall notify the zoning administrator at least 24 hours prior to commencing of the work. If the work is not commenced as specified in LEC 105.04.500 et seq., then the permit shall become void. If, prior to the date established for commencement of work the permittee makes written request to the zoning administrator for any extension of time to commence the work setting forth the reasons for the required extension, the zoning administrator may grant the extension.
      2. A permit which has become void may be renewed at the discretion of the zoning administrator upon payment of a renewal fee. If the zoning administrator does not grant such a renewal, a permit for the work may be granted only upon compliance with the procedures established for any original application.
   2. The permittee shall notify the zoning administrator in writing of the termination of the work authorized and no work shall be deemed to have been completed until approved in writing by the zoning administrator following the written notification.
   3. The zoning administrator may cause inspection of the work to be made periodically during the course of the work by the zoning administrator or a member of the city staff and shall cause a final inspection to be made following the completion of the work.
7. Variances and appeals. Variances and appeals shall be handled as proscribed in the zoning code.

1. Responsibility. Neither the issuance of a permit nor compliance with the conditions of the permit, nor with the provisions of LEC 105.04.500 et seq. shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit under LEC 105.04.500 et seq. serve to impose any liability on the city or its officers or employees for injury or damage to persons or property. A permit issued pursuant to LEC 105.04.500 et seq. does not relieve the permittee of the responsibility for securing and complying with any other permit which may be required by any other law, ordinance, or regulation.
2. Severability. If any part of LEC 105.04.500 et seq. is held to be unconstitutional or otherwise illegal, the remainder of LEC 105.04.500 et seq. shall be deemed and held to be valid and remain in force and effect as if the portion had been included in LEC 105.04.500 et seq. If LEC 105.04.500 et seq. or any provision in LEC 105.04.500 et seq. is held to be inapplicable to any person, property or work, the holding shall not affect the applicability of LEC 105.04.500 et seq. to any other person's property or work.
3. Special assessment. The land within a designated wetlands district area which is restricted by LEC 105.04.500 et seq. and for which a development or other restrictive easement is conveyed to the city shall not be subject to special assessments to defray the costs of other municipal improvements for which the assessments are authorized pursuant to M.S.A. ch. 429, as it may be amended from time to time.
4. Conflicts. Whenever LEC 105.04.500 et seq. is in conflict with another section, statute, or regulation, the more restrictive requirement shall govern.

The interstate corridor overlay district shall provide special requirements and performance standards that shall be imposed in conjunction with zoning districts adopted for land located in the interstate highway corridor. The purpose of this district is to manage changes in land use that may occur along the interstate corridor as a result of improved highway access and frontage road development. To accomplish this objective, this overlay district sets forth two sets of performance standards which must be met by all proposed users in the corridor.

All uses which are permitted in the underlying zoning district.

All necessary uses which are permitted in the underlying zoning district.

All conditional uses which are permitted in the underlying zoning district.

1. Uses not served by public sewer and water that are not intensive (urban) land uses, and demand negligible increases in public services, may be approved as interim uses.
2. These uses shall be subject to the following minimum performance standards:
   1. Minimum lot size of ten acres;
   2. No sewer discharge exceeding eight SAC units per ten acres;
   3. No public utility service is required on the part of the city;
   4. All projected traffic generated by the use can be accommodated with existing streets, requiring no improvements at the cost of the city or the public;
   5. An adequate supply of off-street parking and off-street loading space shall be provided;
   6. The use will require no additional public safety services or needs;
   7. No noise abatement problems shall exist that could potentially require public corrective action;
   8. The proposed land use will be compatible both in terms of internal site plans, and with regard to adjacent land uses;
   9. Where potential land use compatibility problems exist, site plans shall be designed to eliminate the conflicts through redesign or through the incorporation of features that mitigate the impacts of the conflicts;
   10. Land use plans provide for future development or redevelopment at the time that public water and sewer services are provided;
   11. The site plan shall provide for adequate drainage systems which do not pose pollution problems, see LEC 105.04.740 to determine if a stormwater management plan or an erosion and sediment control plan is required;
   12. The use maintain standards of architectural design and building quality consistent with the uniform building code and all other applicable city codes;
   13. The proposed use is consistent with the city's comprehensive plan; and
   14. The proposed use will not create fiscal problems for the city, or adversely impact the health, safety, or welfare of the city.

1. Uses that are urban in nature and require public water and sewer service, as well as other major public services, shall be classified as "long-term users."
2. These uses shall be subject to the following minimum performance standards:
   1. Public sewer and water extensions, provided at the user's expense;
   2. If projected traffic generated by the proposed use exceeds the capacity of existing streets, additional improvements shall be provided at the expense of the land developer;
   3. All necessary noise abatement improvements will be provided at no cost to the city;
   4. An adequate supply of off-street parking and off-street loading space shall be provided;
   5. The proposed land uses will be compatible both in terms of internal site plans, and with regard to adjacent land uses;
   6. Where potential land use compatibility problems exist, site plans shall be designed to eliminate the conflicts through redesign or through the incorporation of features that mitigate the impact of the conflicts;
   7. The site plan shall provide for adequate drainage systems which do not pose pollution problems, see LEC 105.04.740 to determine if a stormwater management plan or an erosion and sediment control plan is required;
   8. The use shall maintain standards of architectural design and building quality consistent with the uniform building code and all other applicable city codes;
   9. The proposed use is consistent with the city's comprehensive plan; and
   10. The proposed use will not create fiscal problems for the city or adversely impact the health, safety, or welfare of the city.

1. The following minimum requirements shall be observed in the overlay district, subject to additional requirements, exceptions and modifications set forth in this Code.
2. 1. Uses permitted in the underlying zoning district shall be subject to the lot area and setback requirements specified in the applicable district.
   2. Lot area, setback, building requirements may be increased under the overlay district to provide sound site planning and eliminate potential conflicts between land uses.

No galvanized or unfinished steel, galvanized or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosive design finish, such as Corten steel, shall be permitted. Any exposed metal or fiberglass finish on all buildings shall be limited to 50 percent of any one wall. Exterior building finishes shall consist of materials comparable in grade and quality to the following: brick; natural stone; decorative concrete block; cast-in-place concrete or precast concrete panels; wood, provided the surfaces are finished for exterior use and wood of proven exterior durability is used such as cedar, redwood, and the like; curtain wall panels of steel, fiberglass, and aluminum (non-structural, non-load bearing), provided the panels are factory fabricated and finished with a durable non-fade surface with fasteners of a corrosive-resistant design; glass curtain wall panels; stucco.

1. SAC unit calculations will be based upon the criteria established by the metropolitan waste control commission, which state that one SAC unit is equivalent to 274 gallons of flow per day.
   
   
2. The SAC unit will be determined by the metropolitan waste control commission. A request for SAC unit determination must be made prior to the issuance of the building permits.

1. The shorelands within the city are designated as shoreland district. Regulations set forth in this subchapter shall govern land use and other activities within this district. The classification of the lakes shall govern the use, alteration, and development of land within the shoreland district.
2. The uncontrolled use of shorelands adversely affects the public health, safety, and general welfare by contributing to pollution of public waters and by impairing the local tax base. In furtherance of the policies declared in M.S.A. chs. 103F, 103G, 115, 116, 394, and 462, as they may be amended from time to time, the commissioner provides the following minimum standards and criteria for the subdivision, use, and development of the shorelands of public waters. The standards and criteria are intended to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of water and related land resources of the state.

It is the intent of the city to:

1. Regulate placement of sanitary and waste treatment facilities on shorelands of public waters to prevent pollution of public waters and public health hazards resulting from the facilities;
2. Regulate alteration of shorelands of public waters to prevent excessive sediment pollution, increased water runoff, excessive nutrient runoff pollution;
3. To preserve and enhance the unique aesthetic appearance and ecological value of the shoreland; and
4. Regulate the construction of buildings and changes of land use in shorelands to minimize property damage during periods of high water.

Unless specifically defined below, words or phrases used in LEC 105.04.630 et seq. shall be interpreted so as to give them the same meaning as they have in LEC 1.08 with common usage in this and all other sections of this Code. All distances, unless otherwise specified, shall be measured horizontally.

1. The city will provide for the administration and enforcement of their shoreland management controls by establishing permanent procedures for building construction, installation of sewage treatment systems, and grading and filling.
2. 1. Permits required. A permit is required for the construction of buildings or building additions (including the related activities as construction of decks and signs), installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by LEC 105.04.680(e). Application for a permit shall be made to the city on the forms provided. The application shall include the necessary information so that the city can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided.
   2. Variance.
      1. Variance requests will be considered pursuant to the procedures set forth in the zoning code.
      2. For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system.
   3. Notifications to the department of natural resources.
      1. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivision or plats must include copies of the subdivision or plat.
      2. When a variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required in subsection (b)(3)a of this section shall also include the board of adjustment's summary of the public record and testimony and the findings of facts and conclusions which supported the issuance of the variance.
      3. A copy of approved amendments and subdivisions or plats and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action.

1. The public waters of the city have been classified below, consistent with the criteria found in Minn. R. ch. 6120.3000, as it may be amended from time to time, and the Protected Waters Inventory Map for Washington County, Minnesota. The shoreland area for the water bodies listed below shall be defined in LEC 105.04.650 and as shown on the city's shoreland management area map.
2. The classes of public waters for the city are natural environment lakes, recreational development lakes, and tributary streams.
   1. Natural environment lakes. Natural environment lakes are generally small, often shallow lakes with limited capacities for assimilating the impacts of development and recreational use. They often have adjacent lands with substantial constraints for development, such as high water tables, exposed bedrock and unsuitable soils. These lakes, particularly in rural areas, usually do not have much existing development or recreational use.
      
      

      DNR I.D.#	Lake Name	Location	OHW	100-Year Elevation
      82007400	Horseshoe	Sec. 25	876.8
      82009900	Clear	Sec. 2, 11
      82010000	Unnamed	Sec. 4
      82010500	Berschen's Pond	Sec. 10
      82010700	Sunfish	Sec. 14	896.4	899
      82010800	Friedrich Pond	Sec. 15, 22		913.0
      82011000	Downs	Sec. 24	889.1	893
      82011100	H.J. Brown Pond	Sec. 26
      82011200	Rose (Sunfish)	Sec. 25, 36
      82011300	Goose	Sec. 27, 34, 35	924.4
      82011601	Armstrong (north of 10th Street)	Sec. 28	1020.3
      82011602	Armstrong (south of 10th Street)	Sec. 33	1019.1

   2. Recreational development lakes. Recreational development lakes are generally medium-sized lakes of varying depths and shapes with a variety of land forms, soil, and groundwater situations on the lands around them. They often are characterized by moderate levels of recreational use and existing development. Development consists mainly of seasonal and year-round residences. Many of these lakes have capacities of accommodating additional development use.
      
      

      DNR I.D.#	Lake Name	Location	OHW	100-Year Elevation
      82-101	DeMontreville	Sec. 4, 5, 9	929.3	931.0
      82-103	Olson	Sec. 8, 9	929.3	931.0
      82-104	Jane	Sec. 9, 10	924	925.0
      82-106	Elmo	Sec. 13, 14, 23, 24, 26	885.6	889

   3. Tributary streams. Tributary stream segments consist of watercourses mapped in the protected waters inventory that have not been assigned one of the river classes. These segments have a wide variety of existing land and recreational use characteristics.
      
      

      Location	Stream Name
      Sec. 33	Unnamed to Wilmes Lake
      Sec. 16, 21, 22	Raleigh Creek North (to Eagle Point Lake)
      Sec. 22, 23, 27	Raleigh Creek South (Eagle Point Lake to Lake Elmo)
      Sec. 25	Unnamed Tributary

3. The permitted and conditional uses allowed in the underlying zoning district shall be those allowed in the natural environment lakes, recreational development lakes, and tributary streams shoreland districts.
   
   

   Land Use Matrix
   Land Uses	Zoning Districts
   	AG	R1	P	HB	GB	R3	RR	RE	LB	BP	OP
   Auto service				P
   Churches and schools			P
   Commercial Ag	P	P					P				P
   Duplex multifamily											CUP
   Farming	P	P		P	P	P	P	P			P
   Greenhouses	CUP										CUP
   Kennels	CUP				CUP		CUP
   Manufactured homes; with sewer						P
   Manufacturing					CUP
   Office uses				P	P				P	P
   Restaurants				P					CUP	CUP
   Retail uses				P	P				P	CUP
   Single-family residential	P	P				P	P	P			P
   Stables	CUP										CUP
   Notes to table:
   (1) P=Permitted use.
   (2) CUP=Conditional use permit.
   (3) The land use matrix outlines general allowed uses, subject to restrictions and provisions of the zoning code. Reference LEC 105.12 for specific allowable uses in each district.

1. General provisions. The following standards shall apply to all shorelands of the protected waters. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth in LEC 105.04.630 et seq., the more restrictive standards shall apply. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line.
2. Lot area; no sewer.
   
   

   Zoning District	Natural Environment Lakes		Recreation Development Lakes
   	Riparian	Non-Riparian	Riparian	Non-Riparian
   RE (no sewer)	2.5 acres	2.5 acres	2.5 acres	2.5 acres
   R1 (no sewer)	80,000 square feet	80,000 square feet	1.5 acres	1.5 acres
   RR (no sewer)	10 acres	10 acres	10 acres	10 acres
   AG (no sewer)	40 acres	40 acres	40 acres	40 acres
   OP (no sewer)	0.5 acres	0.5 acres
   R3 (no sewer)	40,000 square feet	20,000 square feet	20,000 square feet	15,000 square feet
   GB (no sewer)	3.5 acres	3.5 acres	3.5 acres	3.5 acres
   BP (no sewer)	3 acres	3 acres	3 acres	3 acres

3. Lot width.
   
   

   Classification	Riparian Lot (No Sewer)	Riparian Lot (With Sewer)	Non-Riparian Lot (Without Sewer)	Non-Riparian Lot (With Sewer)
   Natural Environment	200 feet	200 feet	200 feet	NA
   Recreational Development	150 feet	150 feet	150 feet	NA
   Tributary Streams	100 feet	100 feet	NA	NA

4. Placement, design, and height of structures.
   1. Placement. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows:
      1. Structure and on-site sewage system setbacks. Structure and on-site sewage system setbacks (in feet) from ordinary high water level.
         
         

         Setbacks From OHW
         Classification	Structures	Sewage Treatment System
         Natural environment	150 feet	150 feet
         Recreational development	100 feet	75 feet
         Tributary	100 feet	75 feet

      2. Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body.
         
         

         Setback From	Setback (In Feet)
         Top of bluff	30
         Unplatted cemetery	50
         Right-of-way line of federal, state, or county highways	Per underlying zoning district regulations and exceptions
         Right-of-way line of town road, public street, or other roads or streets not classified	Per underlying zoning district regulations and exceptions

      3. Bluff impact zone. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
      4. Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.
      5. Steep slopes. The city shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public water, assuming summer, leaf-on vegetation.
      6. Proximity to roads and highways. Per underlying zoning district regulations and exceptions.
      7. Use without water-oriented needs. Use without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public water frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
   2. Design criteria for structures.
      1. High water elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. All principal structures shall have their lowest floor at a level at least three feet above the highest known water level or the ordinary high water level, whichever is higher.
      2. Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in subsection (d) of this section if this water-oriented accessory structure complies with the following provisions:
         1. The structure or facility must not exceed 13 feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point.
         2. The setback of the structure or facility landward from the ordinary high water level must be at least ten feet on a recreational development lake and 50 feet on a natural environment lake.
         3. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming summer, leaf-on conditions.
         4. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area.
         5. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
         6. As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.
      3. Stairways, lifts, and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements:
         1. Stairways and lifts must not exceed four feet in width. Wider stairways may be used for public open space recreational properties.
         2. Landings for stairways and lifts must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for public open space recreational properties.
         3. Canopies or roofs are not allowed on stairways, lifts, or landings.
         4. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion.
         5. Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical.
         6. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subsections (d)(2)c.1 to 5 of this section are satisfied.
   3. Height of structures. All structures in residential districts, except churches and nonresidential agricultural structures, must not exceed 35 feet in height.
5. Shoreland alterations.
   1. Generally. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. Best management practices are recommended to guide shoreland alteration activities.
   2. Vegetation alterations. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by subsection (f) of this section are exempt from the vegetation alteration standards that follow. Removal or alteration of vegetation, except for agricultural uses as regulated in subsection (h) of this section is allowed, subject to the following standards.
      1. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed.
      2. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs, and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas and permitted water-oriented accessory structures or facilities, provided that:
         1. The screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;
         2. Along rivers, existing shading of water surfaces is preserved; and
         3. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.
   3. Topographic alterations; grading and filling.
      1. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. The grading and filling standards in LEC 105.04.630 et seq. must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.
      2. Public roads and parking areas are regulated by subsection (f) of this section.
      3. Notwithstanding subsections (e)(3)a and b of this section, a grading and filling permit will be required for:
         1. The movement of more than ten cubic yards of material on steep slopes or within shore or bluff impact zones; and
         2. The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.
      4. The following considerations and conditions in addition to LEC 105.04.500 et seq. must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances, and subdivision approvals.
         1. Grading and filling in any Type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland. (This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the state department of natural resources, or the United States Army Corps of Engineers. The applicant will be so advised.)
            1. Sediment and pollutant trapping and retention;
            2. Storage of surface runoff to prevent or reduce flood damage;
            3. Fish and wildlife habitat;
            4. Recreational use;
            5. Shoreline or bank stabilization; and
            6. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.
         2. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible.
         3. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as grading is complete.
         4. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.
         5. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service.
         6. Fill or excavated material must not be placed in a manner that creates an unstable slope.
         7. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater.
         8. Fill or excavated material must not be placed in bluff impact zones.
         9. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under M.S.A. § 103G.245, as it may be amended from time to time.
         10. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.
         11. Placement of natural rock rip-rap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the rip-rap is within ten feet of the ordinary high water level, and the height of the rip-rap above the ordinary high water level does not exceed three feet.
      5. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must comply with all provisions of LEC 105.04.630 et seq. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters.
6. Placement and design of roads, driveways, and parking areas.
   1. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view of public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.
   2. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If the council, at its discretion, determines that no alternative exists, the structures may be placed within these areas and must be designed to minimize adverse impacts.
   3. Public and private (intended solely for the use of the property owner) watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones, provided the vegetative screening and erosion control conditions of LEC 105.04.630 et seq. are met. For private facilities, the grading and filling provisions of subsection (e) of this section must be met.
7. Stormwater management. The following general and specific standards shall apply, in addition to all applicable requirements found in LEC 105.04.740.
   1. General standards.
      1. Existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.
      2. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as grading is complete and facilities or methods used to retain sediment on the site.
      3. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration other than buried pipes and manmade materials and facilities.
      4. Use of fertilizers, pesticides, or animal wastes within shorelands must be done in a way as to minimize impact on the shore impact zone or public water by proper application.
   2. Specific standards.
      1. Impervious surface coverage of lots must not exceed 6,000 square feet or 15 percent of the lot area, whichever is larger.
      2. When constructed facilities are used for stormwater management, documentation must be provided by a licensed civil engineer that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts.
      3. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
8. Special provisions for public/semi-public, agricultural, and forestry uses.
   1. Standards for public and semi-public uses.
      1. Surface water-oriented public or semi-public uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards:
         1. In addition to meeting impervious coverage limits, setbacks, and other zoning standards in LEC 105.04.630 et seq., the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures.
         2. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need.
         3. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff.
         4. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights.
      2. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
   2. Agriculture use standards.
      1. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management system) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, a provided by a qualified individual or agency. Best management practices of the state DNR must be used. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.
      2. Animal feedlots, as defined by the Minn. R. § 7020.0300, as amended from time to time, for compliance with permits, must meet the following standards:
         1. New feedlots must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the ordinary high water level of all public water basins.
         2. Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones.
9. Water supply and sewage treatment.
   1. Water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the state department of health and the state pollution control agency. Private wells must be located, constructed, maintained, and sealed in accordance with or in a more thorough manner than the water well construction code of the state department of health.
   2. Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows:
      1. Publicly-owned sewer systems must be used where available.
      2. All private sewage treatment systems must meet or exceed the standards contained in LEC title 5 or the standards for individual sewage treatment systems contained in Minn. R. ch. 7080, a copy of which is adopted by reference and declared to be a part of LEC 105.04.630 et seq. In all cases, the more restrictive regulation shall apply.
      3. On-site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in subsection (d)(1) of this section.
      4. All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in this subsection (i)(2)d. If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from onsite field investigations. Evaluation criteria:
         1. Depth to the highest known or calculated groundwater table or bedrock;
         2. Soil conditions, properties, and permeability;
         3. Slope; and
         4. The existence of lowlands, local surface depressions, and rock outcrops.
      5. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with LEC 105.04.700(b)(3).
      6. The discharge of non-treated raw sewage effluent into a lake, wetland, or stream is strictly prohibited and the condition will be required to be ceased immediately; and within a reasonable period (not to exceed 30 days) of notice and order to comply by the zoning administrator, the property owner shall install a system which complies with Minn. R. ch. 7080, as it may be amended from time to time, and LEC title 5, whichever is more restrictive.
      7. Gray water, meaning liquid waste from a dwelling produced by bathing, laundry, culinary operations, and floor drains associated with these sources, and specifically excluding toilet waste, must be treated in accordance with Minn. R. ch. 7080, as it may be amended from time to time. Discharge of gray water directly into a lake, wetland, or stream is prohibited and the condition shall cease immediately.
      8. Any discharge of chemically-treated water into a lake, wetland, or stream, such as, by way of an example only, the drainage of a swimming pool, must not be done without first obtaining all required permits from the state pollution control agency.
10. Conditional uses.
    1. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established in the zoning code.
    2. The following additional evaluation criteria and conditions apply within shoreland areas:
       1. Evaluation criteria. A thorough evaluation of the water body and topographic, vegetation, and soils conditions on the site must be made to ensure:
          1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction;
          2. The visibility of structures and other facilities as viewed from public waters is limited;
          3. The site is adequate for water supply and on-site sewage treatment; and
          4. The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the ability of public waters to safely accommodate these watercraft.
       2. Conditions attached to conditional use permits. The council, upon consideration of the criteria listed above and the purposes of LEC 105.04.630 et seq., shall attach the conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of LEC 105.04.630 et seq. The conditions may include, but are not limited to, the following:
          1. Increased setbacks from the ordinary high water level;
          2. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and
          3. Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.

1. All legally established nonconformities as of the date of the ordinance codified in LEC 105.04.630 et seq. may continue, but they will be managed according to applicable state statutes and other regulations of the city for the subject of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply to shoreland areas:
2. 1. Construction on nonconforming lots of record.
      1. Lots of record in the office of the county recorder on the date of enactment of the ordinance codified in LEC 105.04.630 et seq. that do not meet the requirements of LEC 105.04.680(b) may be allowed as building sites without variances from lot size requirements, provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of LEC 105.04.630 et seq. are met.
      2. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the board of adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.
      3. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of LEC 105.04.680(b), the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of LEC 105.04.680(b) as much as possible.
   2. Additions/expansions to nonconforming structures.
      1. Additions/expansions. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of LEC 105.04.680. Any deviation from these requirements must be authorized by a variance pursuant to LEC 105.04.670(b)(2).
      2. Decks. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:
         1. The structure existed on the date the structure setbacks were established.
         2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure.
         3. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive.
         4. The deck is constructed primarily of wood and is not roofed or screened.
   3. Nonconforming sewage treatment systems.
      1. A sewage treatment system not meeting the requirements of LEC 105.04.680(i) must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level.
      2. The council of the city has notified the DNR commissioner of its plan to identify nonconforming sewage treatment systems in shoreland areas. The city will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time, which will not exceed 180 days of notice and order to comply by the zoning administrator. Sewage systems installed according to all applicable local shoreland management standards adopted under M.S.A. § 103F.201, as it may be amended from time to time, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems including cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by Minn. R. ch. 7080, as it may be amended from time to time, for design of off-site sewage treatment systems, shall be considered nonconforming.

1. Land suitability. Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the city.
2. Platting. All subdivisions shall be in accordance with the city's platting regulations and requirements.
3. Consistency with other controls. Subdivisions must conform to all regulations for the city. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly-owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with LEC 105.04.680(d) and (i) can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of LEC 105.04.680(b), including at least a minimum contiguous vegetative area, that is free of limiting factors sufficient for the construction of two standard sewage treatment systems. Lots that would require use of holding tanks must not be approved.
4. Information requirements. Sufficient information must be submitted by the applicant for the city to make a determination of land suitability. The information may include the following at the discretion of the city planner or city engineer:
   1. Topographic contours at two-foot intervals or less;
   2. The surface water features required in M.S.A. § 505.03, as it may be amended from time to time, to be shown on plats obtained from United States Geological Survey quadrangle topographic maps or more accurate sources;
   3. Adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods;
   4. Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities;
   5. Location of 100-year floodplain areas and floodway districts from existing adopted maps or data; and
   6. A line or contour representing the ordinary high water level, the "toe" and "top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream.
5. Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands.
6. Controlled access or recreational lots. Lots intended as controlled accesses to public waters or for recreational use areas for use by non-riparian lots within a subdivision must meet or exceed the sizing criteria in LEC 105.04.680(b) and (c).

This subchapter is adopted pursuant to the authorization and policies contained in M.S.A. chs. 103B and 462 and M.S.A. §§ 103F.401 and 103F.441 and Minn. R. chs. 7050, 7090, and 8410. This subchapter is intended to meet the current construction site erosion and sediment control and post-construction stormwater management regulatory requirements for construction activity and small construction activity (NPDES permit) as defined in 40 CFR pt. 122.26(b)(14)(x) and (b)(15), respectively.

The city finds that uncontrolled stormwater runoff and construction site erosion from land development and land disturbing activity can have significant adverse impacts upon local and regional water resources diminishing the quality of public health, safety, public and private property, and natural resources of the city. Specifically, uncontrolled construction site erosion and stormwater runoff can:

1. Threaten public health, safety, property, and general welfare by increasing runoff volume peak flood flows, and overburdening storm sewers, drainageways, and other storm drainage systems;
2. Diminish the capacity of lakes and streams to support fish, aquatic life, recreational, and water supply uses by increasing pollutant loadings of total sediment, suspended solids, nutrients, heavy metals, bacteria, pathogens, and other urban pollutants;
3. Degrade physical stream habitat by increasing stream bank erosion, increasing stream bed scour, diminishing groundwater recharge, diminishing stream base flows, and increasing stream temperatures;
4. Undermine floodplain management efforts by increasing the incidence and levels of flooding;
5. Alter wetland communities by changing wetland hydrology and increasing pollutant loading; and
6. Generate airborne particulate concentrations that are health threatening or may cause other damage to property or the environment.

1. The general purpose of this subchapter is to set forth regulatory requirements for land development and land disturbing activities aimed at minimizing threats to public health, safety, public and private property and natural resources within the city from construction site erosion and post-construction stormwater runoff.
2. Specific purposes are to establish performance standards that will:
   1. Protect life and property from dangers associated with flooding;
   2. Protect public and private property and the natural resources from damage resulting from runoff and construction site erosion;
   3. Protect functional values of all types of natural water bodies (e.g., rivers, streams, wetlands, lakes, seasonal ponds);
   4. Sustain or enhance biodiversity (native plant and animal habitat) and support riparian ecosystems;
   5. Protect water quality from nutrients, heavy metals, bacteria, pathogens, debris, thermal stress, and other urban pollutants;
   6. Promote infiltration and groundwater recharge;
   7. Regulate stormwater runoff volumes and peak rates for land development and land disturbing activities;
   8. Promote regional stormwater management by watershed; and
   9. Provide a single, consistent set of performance standards that apply to all land development and land disturbing activities.

1. Stormwater management.
   1. A stormwater management (SWM) plan shall be required for all proposed land development activity, unless otherwise exempted in this subchapter, which meets any or all of the following:
      1. Any land development activity that increases and/or replaces impervious surface with a surface area exceeding one acre, including smaller individual sites that are part of a common plan of development that may be constructed at different times; and/or
      2. A subdivision consisting of three or more lots; and/or
      3. Any land development activity, regardless of size, that the city determines would otherwise cause an adverse impact to an environmentally sensitive area.
   2. Exemptions. The following land development activities will be exempt from the stormwater management requirements of this subchapter:
      1. Mining activities regulated by LEC 9.04;
      2. Reconstruction of existing public trails and construction of new public trails that are not a part of a proposed land development activity as defined in subsection (a)(1) of this section;
      3. Reclamation and maintenance of existing public streets.
2. Erosion and sediment control.
   1. An erosion and sediment control (ESC) plan shall be required for all proposed land disturbing activity, unless otherwise exempted in this subchapter, which meets any or all of the following:
      1. Meets the permit requirements of an excavation and grading permit per LEC 105.08.060;
      2. New dwelling permits;
      3. A subdivision of any size;
      4. Involves the laying, repairing, replacing, or enlarging of an underground utility, pipe or other facility, or the disturbance of road ditch, grass swale or other open channel for a distance of 500 feet or more; and/or
      5. Is a land disturbing activity, regardless of size, that the city determines would otherwise cause an adverse impact to an environmentally sensitive area, or may violate any erosion and sediment control standard set forth in this subchapter.
   2. Exemptions. The following land disturbing activities will be exempt from the erosion and sediment control plan requirements of this subchapter:
      1. Cemetery graves;
      2. Mining activities regulated by LEC 9.04;
      3. Tilling, planting, or harvesting of agricultural, horticultural or silvicultural (forestry) crops;
      4. Emergency work necessary to protect life, limb, or property; and
      5. City, county, state, or federal agency project whose plans and specifications meet the requirements of this subchapter and are reviewed and approved by the city under a separate process.

For the purpose of this subchapter, all terms, phrases, words, and their derivatives shall have the meanings as stated in LEC 1.08

1. The following are incorporated into this subchapter by reference:
   1. The local surface water management plan; and
   2. The city engineering design standards.
2. All stormwater mitigation and management technologies shall be consistent with the most current versions of the City Engineering Design Standards.

1. Plan approval required. The applicant shall not commence any construction activity subject to this subchapter until plan approval has been authorized by the city and all fees, escrows and securities have been paid and filed with the city.
2. Plan submittal. The applicant must submit the required plans and documentation to fully address all provisions of this subchapter and demonstrating conformance to the current versions of the City Engineering Design Standards.
3. Plan review and authorization. The city shall review the plan submittal for completeness and compliance with standards. If the city determines that the plan does not meet the requirements of this subchapter, the city shall notify the applicant that the submittal is incomplete and request changes or additional information. The plans must be revised to correct the deficiencies and resubmitted for approval before the land disturbance activity begins. If the city determines that the stormwater management plan and/or erosion and sediment control plan meet the requirements of this subchapter, the city shall issue a plan approval valid for a specified period of time that authorizes the land activity contingent on the implementation and completion of this plan. The city may approve the plans subject to compliance to conditions reasonable and necessary to ensure that the requirements in this subchapter are met.
4. Construction initiation and first compliance inspection. No work shall begin on a site until a preconstruction meeting has been conducted (if required by the city as part of the plan approval). Once work is authorized to begin, the applicant or agent shall install all erosion and sediment control devices as required by the approved plan and shall inform the city that they are in place. The city will complete an initial site inspection to determine compliance with the plan and to authorize the land disturbance activity to begin.
5. Adherence to the approved plans and plan modifications. Once approved by the city, the stormwater management plan and/or erosion and sediment control plan must be followed throughout the duration of the land disturbance or land development activity. The approved plans shall not be modified or altered without receiving written authorization from the city. Plan amendments will be required by the city whenever:
   1. A change in design, construction, operation, maintenance, weather, or seasonal conditions that has a significant effect on the discharge or pollutants to surface waters or underground waters;
   2. Inspections or investigations indicate the plans are not effective in eliminating or significantly minimizing the discharge or pollutants to surface waters or underground waters or that the discharges are causing water quality degradation;
   3. The plan is not achieving the general objectives of minimizing pollutants in stormwater discharges associated with construction activity; or
   4. The plan is found to not be consistent with the terms and conditions of this subchapter.
6. Variance requests. The city may grant a variance on a case-by-case basis. The content of a variance is specified in the zoning code.

1. Stormwater management plan.
   1. All stormwater management plans shall meet the minimum requirements of the NPDES construction stormwater permit (Permit No. MNR100001), the minimum requirements of the watershed(s) having jurisdiction over the site(s), the City Engineering Design Standards, and other regulatory agencies. A stormwater management plan must be submitted to the city for review and approval concurrently with the submittal to the watershed(s) having jurisdiction over the site(s).
   2. Stormwater criteria. Stormwater management plans will be assessed for stormwater rate control and stormwater quality management to reduce the impacts of the land activity.
      1. Rate control requirements. The stormwater management plan shall demonstrate that all rate control requirements of the NPDES construction stormwater permit (Permit No. MNR100001) and the watershed(s) having jurisdiction over the site(s) are met. Stormwater best management practices to meet this requirement shall be designed and constructed in accordance with the most current version of the city engineering design standards. The city engineer retains the authority to require the above conditions to apply to the rate of stormwater runoff discharging at any point leaving the site.
      2. Water quality control requirements. The stormwater management plan shall demonstrate that all water quality control requirements of the NPDES construction stormwater permit (Permit No. MNR100001) and the watershed(s) having jurisdiction over the site(s) are met. Stormwater best management practices to meet this requirement shall be designed and constructed in accordance with the most current version of the City Engineering Design Standards. The city engineer retains the authority to require the above conditions to apply to the rate of stormwater runoff discharging at any point leaving the site.
   3. Drainage-related easements. Drainage easements must be acquired on behalf of the city and legally recorded at the county for all permanent stormwater facilities to allow for proper access and maintenance activities. At a minimum, drainage easements shall meet the following criteria:
      1. Easements are required for all ponding areas to the basin's 100-year storm high water level elevation.
      2. Easements are required for all outlet swales and ditches, and for overland overflow routes located downstream of basins located on-site.
      3. Easements are required for all storm sewer pipes, throughout its entire length. For storm sewer pipes installed less than ten feet in depth within private property, the easement shall be a minimum of 20 feet wide. For storm sewer pipes installed greater than ten feet in depth within private property, the easement shall be a minimum of 30 feet wide, or as determined by the city engineer.
      4. Easements are required for maintenance vehicle access to all stormwater facilities where not directly available on a public road.
      5. If a stormwater management plan involves direction of some or all runoff off of the site, it shall be the responsibility of the applicant to obtain from adjacent property owners any necessary easements or other property interests concerning flowage of water.
2. Erosion and sediment control plan.
   1. All erosion and sediment control plans shall meet or exceed the most stringent of the performance and design standards of this subchapter and shall be consistent with National Pollution Discharge Elimination Permit (NPDES) requirements, the city engineering design standards, and the filing or approval requirements of relevant watershed districts (Brown's Creek, South Washington, and/or Valley Branch), the county, state department of natural resources, state pollution control agency, and other regulatory agencies.
   2. Erosion and sediment control criteria.
      1. Erosion and sediment control plans will be assessed in the following ways:
         1. Pollution prevention by minimizing disturbance of natural soil cover and vegetation, and minimizing, in area and duration, exposed soil and unstable soil conditions;
         2. Using sediment barriers to protect soil stockpiles, receiving water bodies, wetlands, storm sewer inlets, and adjacent properties from sediment deposition;
         3. Minimize off-site sediment transport on trucks and equipment;
         4. Minimize work in and adjacent to water bodies and wetlands;
         5. Maintain stable slopes;
         6. Avoid steep slopes and the need for high cuts and fills;
         7. Minimize disturbance to the surrounding soils, root systems and trunks of trees adjacent to site activity that are intended to be left standing;
         8. Minimize the compaction of site soils;
         9. Using and maintaining temporary and permanent soil stabilization;
         10. Controlling site waste through the use of a designated concrete washout area; and
         11. Managing site waste of all unused building materials by properly disposed of wastes offsite and not allowing site wastes to be carried by runoff into a receiving channel or storm sewer system.
      2. All sites must be maintained to prevent unreasonable erosion and sedimentation.
      3. Erosion control measures must be in place before any land disturbance activity begins, and measures must remain in place and functional until the site is permanently stabilized. Adequate and timely temporary and permanent stabilization measures must be taken.
      4. Streets shall be cleaned and swept within 24 hours whenever tracking of sediment occurs and before sites are left idle for weekends and holidays.
      5. All temporary erosion and sediment control measures, such as silt fence and inlet protection devices, shall be removed within 30 days after permanent stabilization is attained. All storm sewer systems and drainageways must be flushed and cleaned of sediment accumulation and all accumulated sediments must be removed and properly disposed of.

1. Maintenance of publicly-owned facilities.
   1. The city shall perform maintenance of publicly-owned stormwater facilities within the city as provided for in the local surface water management plan and the city stormwater pollution prevention plan.
   2. A final inspection shall be required before the city accepts ownership of the stormwater facilities. Before work under the plan is deemed complete, the applicant must submit as-built record drawings and a maintenance plan demonstrating at the time of final stabilization that the stormwater facilities conform to design specifications.
2. Maintenance of privately-owned facilities. A maintenance agreement in a form acceptable to the city must be executed and recorded with the county for all permanent stormwater facilities to be located on private property. The agreement shall provide a maintenance plan defining the party responsible to conduct maintenance, the type of maintenance and the maintenance intervals.

1. Monitoring and inspection requirements for site construction. The applicant is responsible for inspections and record-keeping in accordance with the approved plan requirements and NPDES permit requirements. The applicant must maintain a copy of the approved stormwater management and erosion and sediment control plans at the site at all times including all daily records required by the plans. The applicant must monitor site conditions and make any and all necessary repairs and corrections to the erosion control measures to maintain site compliance. The applicant has a duty to report to the city any illegal off-site discharges. Failure to make a report within 24 hours of the discovery of the off-site discharge shall constitute a violation of this subchapter.
2. City inspections.
   1. The city shall conduct inspections on a regular basis to ensure that both stormwater and erosion and sediment control measures are properly installed and maintained prior to construction, during construction, and at the completion of the project. The city shall not be responsible for the direct or indirect consequences to the applicant or to third parties for noncompliant conditions undetected by inspection.
   2. Right of entry. The issuance of an approved plan under this subchapter constitutes a right of entry for the city or its contractor to enter upon the construction site for the purpose of obtaining information, examination of records, conducting investigations, inspections or surveys, including the right to bring such equipment to perform such surveys and investigations. The city inspector may copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of this site, and may inspect the stormwater pollution control and erosion control measures including any sampling and monitoring pertaining to the compliance requirements for the site.
   3. Construction shall not occur on the site at any time when the city has identified conditions of noncompliance or a stop work order has been issued.
   4. Construction activities undertaken by an applicant prior to resolution of all discrepancies specified by the city shall constitute a violation of this subchapter.
   5. Whenever there is insufficient evidence of compliance with any of the provisions of this subchapter or evidence that any material or construction does not conform to the requirements of the approved plans, the city may require tests as proof of compliance to be made at no expense to the city. Test methods shall be as specified by recognized test standards, or in the absence thereof, by the city.

1. Enforcement. The city shall be responsible for enforcing this subchapter.
2. Penalties. Any person, firm or corporation failing to comply with or violating any of the provisions of this subchapter, shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this subchapter is committed, continued or permitted, shall constitute a separate offense. All land use and building permits shall be suspended until the applicant has corrected any and all violations.
3. Enforcement by stop work order.
   1. Whenever a city inspector finds any violation of this subchapter, the inspector will fill out an inspection form noting the observed violations and a stop work order will be issued.
   2. The stop work order shall be in writing and shall be given to the applicant or the applicant's agent.
   3. Upon issuance of the stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order.
   4. The applicant must immediately begin corrective actions to remedy the violations. Once the violations have been corrected the applicant must contact the city to schedule a re-inspection.
   5. The applicant may commence further activity at the site after a re-inspection is provided by the city and the city determines that the site is in compliance, and all fees associated with the violation are paid in full.
   6. If the applicant fails to correct the violations in a timely manner, the city may correct the cited violations and draw down the escrow to cover the costs.
4. Enforcement actions to ensure compliance. The city can take the additional following actions in the event of a failure by applicant to meet the terms of this subchapter:
   1. Withhold inspections or issuance of certificates or approvals.
   2. Revoke any permit issued by the city to the applicant.
   3. Conduct remedial or corrective action on the development site or adjacent site affected by the failure.
   4. Recover from applicant all costs associated with correcting the failure or remediating damage from the failure, by drawing down any escrow funds. If the costs exceed the escrow funds, the city may invoice the applicant with payment due immediately. All payments by applicant must be made prior to resuming work on the site.
   5. Bring other actions against the applicant to recover costs of remediation or meeting the terms of this subchapter.

1. Financial securities. The applicant shall provide security for the performance of the work in the amount established in the city's fee schedule, and in a form acceptable to the city.
2. Action against the financial security. The city may access the financial security to conduct work necessary to correct any violations in a timely manner and in accordance with the provisions of this subchapter. The city shall use the security to finance remedial work undertaken by the city, or a private contractor under contract to the city including a fee to the city for processing equal to ten percent of the any contractor invoice for materials and services, to reimburse the city for all costs incurred in the process of remedial work, including, but not limited to, staff time, engineering fees and attorney's fees.
3. Maintenance of financial security. If at any time the financial security is drawn upon, the applicant will be required to submit additional security to restore the security to the full amount as originally established. Restoring the full security is a requirement prior to resuming work on the site.

See LEC 5.16.

No person shall apply fertilizer to or deposit grass clippings, leaves, or other vegetative materials on impervious surfaces, or within stormwater drainage systems, natural drainageways, or within wetland buffer areas.

1. In the event of any conflict between the provisions of this subchapter and the provisions of any other city ordinance adopted by the city council, the more restrictive standard prevails.
2. The city reserves the right to impose supplemental or additional conditions or requirements to prevent erosion or undesired runoff.

The general purpose of this subchapter is to provide for the health, safety, and general welfare of the public through the regulation of non-stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This subchapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the MS4 permit issued to the city by the Minnesota Pollution control Agency (MPCA) under the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this subchapter are:

1. To regulate the contribution of pollutants to the MS4 by stormwater discharges by any user;
2. To prohibit illicit connections and discharges to the MS4;
3. To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this subchapter.

This subchapter shall apply to all water entering the storm drainage system generated on any developed and undeveloped lands unless explicitly exempted by LEC 105.04.910(a)(1) through (4).

For the purposes of this subchapter, all terms, phrases, words, and their derivatives shall have the meanings as stated in LEC 1.08.

The city shall administer, implement, and enforce the provisions of this subchapter. Any powers granted or duties imposed upon the city may be delegated in writing by the city administrator to persons or entities acting in the beneficial interest of or in the employ of the city.

This subchapter is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this subchapter are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this subchapter imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

The standards set forth herein and promulgated pursuant to this subchapter are minimum standards, therefore, this subchapter does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants.

1. Prohibition of illegal discharges. No person shall throw, drain, or otherwise discharge, cause, or allow others to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than stormwater. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:
   1. The following discharges are exempt from discharge prohibitions established by this subchapter: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, street wash water, dechlorinated swimming pool water, and any other water source not containing a pollutant.
      1. For swimming pool discharges, water shall sit seven days without the addition of chlorine to allow for chlorine to evaporate before discharge.
      2. Discharge of swimming pools, crawl spaces, sump pumps, footing drains and other sources that may be determined to contain sediment or other forms or pollutants may not be discharged directly to a gutter or storm sewer. This discharge must be allowed to flow over a vegetated area to allow filtering of pollutants, evaporation of chemicals and infiltration of water consistent with the stormwater requirements of the city.
   2. Discharges or flow from firefighting, and other discharges specified in writing by the city as being necessary to protect public health and safety.
   3. Discharges associated with dye testing; however, this activity requires a written notification to the city prior to the time of the test.
   4. The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the MPCA, provided that the discharger is in foil compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.
2. Prohibition of illicit connections.
   1. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.
   2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
   3. A person is considered to be in violation of this subchapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.
   4. Improper connections in violation of this subchapter must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the city.
   5. Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the city requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the city.
3. Additional discharge prohibitions. Any owner or occupant of property within the city shall comply with the following requirements:
   1. Subsurface sewage treatment systems shall be maintained to prevent failure.
   2. Recreational vehicle sewage shall be disposed of to a proper sanitary waste facility.
   3. Mobile washing companies (carpet cleaning, mobile vehicle washing, and the like) shall dispose of wastewater to the sanitary sewer.
   4. All motor vehicle parking lots and private streets shall be swept, at a minimum, once a year in the spring to remove debris. Such debris shall be collected and properly disposed of.
   5. Fuel, chemical residue, household hazardous waste or other types of potentially harmful material shall be disposed of properly.
   6. Objects, such as motor vehicle parts, containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff.
   7. Any machinery or equipment that is to be repaired or maintained in areas susceptible to runoff shall be placed in a confined area to contain leaks, spills or discharges.

Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, yard waste, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately-owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

1. Submission of notice of intent (NOI) to the city.
   1. Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit is required in a form acceptable to the city prior to the allowing of discharges to the MS4.
      1. Industrial activity includes activities subject to NPDES industrial stormwater permits as defined in 40 CFR 122.26(b)(14).
      2. Construction activity includes activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.
   2. The operator of a facility, including construction sites, required to have an NPDES permit to discharge stormwater associated with industrial activity shall submit a copy of the NOI to the city at the same time the operator submits the original NOI to the EPA as applicable.
   3. The copy of the NOI must be delivered to the city either in person or by mailing it to:
      Notice of Intent to Discharge Stormwater City of Lake Elmo 3800 Laverne Avenue S. Lake Elmo, MN 55042
2. A person commits an offense if the person operates a facility that is discharging stormwater associated with industrial activity without having submitted a copy of the NOI to do so to the city.

The city will adopt requirements identifying best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the United States. The owner or operator of such activity, operation, or facility shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premises that is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this subchapter. These BMPs shall be part of a stormwater management plan (SWMP) as necessary for compliance with requirements of the NPDES permit.

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the city in person or by phone no later than the next business day. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Failure to provide notification of a release, as provided above, is a violation of this subchapter.

The city shall be permitted to enter and inspect facilities subject to regulation under this subchapter as often as may be necessary to determine compliance with this subchapter, including the right to set up, or require the facilities owner to set up devices necessary to conduct monitoring and/or sampling of the facilities' stormwater discharge.

1. Enforcement. The city shall be responsible for enforcing this subchapter.
2. Penalties. Any person, firm or corporation failing to comply with or violating any of the provisions of this subchapter shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this subchapter is committed, continued or permitted, shall constitute a separate offense. All land use and building permits shall be suspended until the applicant has corrected any and all violations.
3. Emergency cease and desist orders. When the city finds that any person has violated, or continues to violate, any provision of this subchapter, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violation has caused or contributed to an actual or threatened discharge to the MS4 or waters of the state which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the city may issue an order to the violator directing it immediately to cease and desist all such violations.
4. Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this subchapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. Such suspension may also be imposed if it is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger.
5. Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this subchapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense; and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.

This subchapter shall become effective upon the passage and publication of the ordinance from which it is derived in accordance with the law.

The city does hereby adopt, by reference, the year 2012 edition of the International Property Maintenance Code, as hereinafter amended pursuant to this subchapter, as the property maintenance code of the city.

1. The year 2012 edition of the International Property Maintenance Code adopted by this subchapter is hereby modified by deleting the following sections: 103.2, 103.3.
2. The year 2012 edition of the International Property Maintenance Code adopted by this subchapter is hereby amended by modifying the following denominated sections thereof to read as hereinafter set forth:
   1. Chapter 1.
      101.1 For the purpose of this article, these regulations shall be known as the property maintenance code of the city, hereinafter referred to as this Code.
      102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the state building code. Nothing in this Code shall be construed to cancel, modify or set aside any of the provisions of the city zoning code.
      103.1 Enforcement. Responsibility for enforcement of this Code shall be vested in the city's building official's office. The city's building official is hereby appointed as the code official for the purposes of this Code and employees acting under his discretion and control shall be deemed to be deputy code officials.
      103.5 Fees. The fees for activities and services performed by the department carrying out its responsibilities under this Code shall be determined by the city council.

The state building code, as adopted by the commissioner of labor and industry pursuant to M.S.A. ch. 326B, including all of the amendments, rules and regulations established, adopted and published from time to time by the state commissioner of labor and industry, through its building codes and standards unit, is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this section. The state building code is hereby incorporated in this section as if fully set out herein and shall be known as the "Lake Elmo Building Code."

1. The application, administration, and enforcement of the building code shall be in accordance with the state building code. The building code shall be enforced within the extraterritorial limits permitted by M.S.A. § 326B.121, subd. 2(d).
2. The code enforcement agency of the city is called the "Lake Elmo Building Department." The building code shall be enforced by the city building official, as the building official is designated by the city to administer the code in accordance with M.S.A. § 326B.133, subd. 1.

1. The issuance of permits, conducting of inspections and the collection of fees shall be as authorized in Minn. R. ch. 1300. Permit fees shall be assessed for work governed by this section in accordance with the city's fee schedule. In addition, a surcharge fee shall be collected on all permits issued for work governed by this section in accordance with M.S.A. § 326B.148, subd. 1.
2. No permit, as required by the building code, shall be issued until the fees prescribed have been paid, nor shall an amendment to a permit be approved until the additional fees, if any, due to an increase in the estimated cost of the building or structure have been paid.
3. Plan review fees shall be 65 percent of the building permit fee. Investigation fees for work started without a permit shall be equal to the permit fee.
4. Plan review fees for similar plans shall be 25 percent of the normal building permit fee.
5. The plan checking fee shall be paid by the applicant to the city.
6. Permits shall he required for moving structures within, out, or through the city. Structure moving permit fees shall be as established by the city's fee schedule.
7. An escrow administration fee in an amount established in the city's fee schedule shall be paid before a permit is issued for all permits requiring escrow in accordance with LEC 105.08.100.

1. Permits required. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the city or cause these actions to be done without first obtaining a separate building permit for each building or structure as required by the state building code as adopted by this chapter.
2. Fees established.
   1. Fees shall be as provided by city council ordinance, as amended from time to time, and shall be attached as Appendix A of the zoning code.
   2. 1. The building official shall utilize the chart of estimated construction costs as annually provided by the state department of labor and industry, building codes and standards unit, to compute building valuations for the purposes of establishing the permit fees of the city.
      2. Specific fees are set forth from time to time by resolution of the city council.
3. Double fee. If any construction is undertaken in the absence of a permit required by this Code to be issued as a prerequisite to building construction, the permit fee shall be double the stated amount.
4. Building demolition fees. All building or structures prepared for demolition within the city require a demolition permit.

No building permit shall be issued for any parcel served by a roadway with a rural ditch section until the applicant installs or is served by a driveway culvert of a type and in a manner to avoid obstruction of water flow, as determined by the city engineer, or until the city engineer determines that no culvert is necessary.

1. Permit required. No person shall undertake, authorize, or permit any of the following actions without first having obtained a grading and excavating permit from the city:
   1. Any excavating, grading, filling, or other changes in the earth's topography resulting in the movement of more than 50 cubic yards of material, except in any designated wetlands, floodplain, or shoreland district;
   2. Any excavating, grading, filling, or other changes in the earth's topography in any designated wetlands, floodplain, or shoreland district for construction projects, development, or subdivisions;
   3. Any excavation of gravel or other materials for the purpose of creating wetlands, berming, other natural features, and landscape amenities; or
   4. Any changing of a natural drainageway or drainage pattern that results in increasing or intensifying the flow of surface water upon adjacent property.
2. Exceptions. Notwithstanding the above, no grading or excavation permit shall be required for the following activities except as required by state building code:
   1. Earthwork undertaken in accordance with grading plans approved in conjunction with a site and building plan review or plat approval;
   2. Earthwork which will result in moving less than 50 cubic yards of material, provided the work does not take place in any designated wetlands, floodplain, or shoreland district and does not affect local drainage patterns; or
   3. Public improvement projects.
3. Plan approval required. No grading or excavation permit shall be issued for site grading or excavation without approved plans for site development and adequate provision for site protection from wind or water erosion. See LEC 105.04.750 for stormwater and erosion and sediment control requirements.
4. Changes to earth's topography prohibited without permit. No person shall undertake, authorize, or permit any excavating, grading, filling, or other change in the earth's topography which violates or is not in compliance with a grading or excavating permit issued by the city, including the approved plans and all terms and conditions of the permit.
5. Public hearing. All grading and excavating applications, for the purpose of creating wetlands, berming, landscape amenities, and other natural features that result in the moving of more than 400 cubic yards of material per acre of site area shall require a public hearing. To the extent possible, grading permit review will be combined with other planning permits reviews.
6. Review of grading permits. Applications for a grading or excavation permit that require either an administrative review or approval by the city council following a public hearing, shall be made to the city planner on forms provided by the city. The application shall be accompanied by the fee set forth from time to time by resolution of the city council.
7. Submission requirements. All grading and excavation permit applications shall be accompanied by the following information:
   1. The legal description of the property;
   2. The required fee, as set forth in the city's fee schedule, as it may be amended from time to time;
   3. Evidence of ownership or an interest in the property;
   4. Existing and proposed final grades utilizing two-foot contour intervals;
   5. A survey showing the location and elevation of all roads, utilities, and structures which may be impacted by the proposal;
   6. A tree survey showing all trees having a caliper of six inches or greater and a tree preservation plan;
   7. A landscaping and site restoration plan;
   8. A development concept plan indicating how the recontoured parcel may be developed in a manner consistent with this chapter and the comprehensive plan;
   9. A drainage plan which includes any engineering work for stormwater retention must comply with LEC 105.04.770;
   10. An erosion control plan indicating the type and location of erosion measures to be used, must comply with LEC 105.04.7870;
   11. A traffic analysis showing how the materials will be removed from or delivered to the site;
   12. Two copies of all available soil borings together with boring location maps and any other soil information pertinent to improvements;
   13. The other information as may be required by the city;
   14. A schedule of building construction phasing on permit site;
   15. The hours of operation; and
   16. The duration of activity.
8. Administrative review of grading and excavating permits.
   1. Grading or excavating plans that result in the moving of more than 50, but less than 400, cubic yards of material per acre may be approved by the city administrator upon recommendation of the city planner and city engineer. The application shall be accompanied by the submission requirements set forth in subsection (g) of this section.
   2. Upon receipt of a completed application, the city planner shall review the application within ten working days and shall notify the applicant of the decision by mail. The city planner may impose the modifications and conditions as may be necessary to protect the public interest. Bonding may be required in any amount sufficient to ensure site restoration should the applicant default on his responsibilities.
9. City council review of grading and excavating permits.
   1. Grading and excavating plans that result in the moving of 400 cubic yards of material per acre require a public hearing and approval of the city council. The application shall be accompanied by the submission requirements set forth in subsection (g) of this section.
   2. Upon receipt of a completed application, the city clerk shall call a public hearing within 30 days from the date of application. Notice shall be published in the city's legal newspaper, and property owners within 500 feet of the project site shall be notified of the public hearing no less than ten days prior to the hearing. The application shall be reviewed by the city planner and city engineer and their written comments submitted to the city council.
10. Grading permit standards. Grading and excavating permits shall be issued only for grading plans which comply with the following:
    1. The plans shall maximize the preservation of trees on the property and utilize the trees to the maximum extent possible to screen the grading from adjacent property.
    2. The plan shall utilize landscaping to restore site aesthetics, minimize the visual impact of the work, screen the grading from adjacent property, and enhance the property's development potential. All areas altered because of grading activity shall, at a minimum, be restored with seed and disked mulch or sod within two weeks after the completion of the activity. The city may approve an extension of this deadline, if appropriate, but in no case shall site restoration be delayed beyond October 1.
    3. The plan shall not result in sites which are unsatisfactory for development of permitted uses. The development potential of a site may be adversely impacted by the matters as unsuitable finished grades, poor soil stability, unsatisfactory drainage, soil compaction detrimental to drainfield construction, or exposure to deleterious influences such as highway frontages for residential property.
    4. The plan shall provide for the removal of any significant amounts of organic material or construction debris from the site.
    5. In instances where an existing natural or created buffer will be impacted by grading or filling operations, site restoration shall be completed in a manner which resembles, to the extent possible, the original vegetative and topography state of the property, when deemed appropriate by the city.
    6. The plan shall protect wetlands, floodplains, shorelands, public waters, and other natural features to the maximum extent possible.
    7. The plan shall provide for adequate drainage, stormwater retention, and erosion control measures.
    8. The plan shall provide for traffic movements to and from the site which do not have significant adverse effects on roads, intersection, or development in the area. Streets surrounding the site shall be swept as needed to remove any debris which may accumulate due to these activities.
    9. The plan shall include a schedule of activities which limits the duration of off-site disruptions and impacts.
    10. The plan must also be approved, where required, by appropriate watershed districts, the United States Army Corps of Engineers, the state department of natural resources, and any other government agency which has jurisdiction.
    11. 1. The plan shall be accompanied by a bond sufficient to ensure compliance with the approved permit and adequate site restoration.
        2. The amount of the bond shall be based upon the size of the site, sensitivity of its surroundings, extent of grading, amount of material moved, necessary site restoration and potential impacts upon public facilities, including damage to public roadways and property.
    12. The plan shall comply with the state building code and all other applicable statutes or ordinances.

A permit shall be required to construct an asphalt, concrete, or gravel private road or alley. Fees are set forth from time to time by ordinance of the council.

1. Application. Prior to moving a building or structure which will be located or relocated within the city, a moving permit must be obtained from the council. The application for a moving permit shall include the following information:
   1. A performance bond in an amount set forth by the council based on a written recommendation of the building official, city attorney, and/or city planner;
   2. A certificate of insurance which indicates that the applicant has obtained liability coverage and property damage coverage in an amount set forth by the council based on a written recommendation of the building official, city attorney, and/or city planner;
   3. Photos of all sides of the building or structure;
   4. A complete description of the building or structure including its age and physical condition;
   5. A site plan;
   6. A percolation test for the site in the city on which the building will be located or relocated;
   7. An application fee set forth from time to time by council resolution;
   8. A written approval from utility companies;
   9. Proof of ownership of site in city on which the building will be located or relocated;
   10. Proof of state license for house and building moving; and
   11. The required fee.
2. Inspection. The building inspector shall inspect the building or structure for which the permit is requested before and after it is moved. Applicant shall reimburse the city for expenses incurred by the building official in order to inspect a building or structure located beyond the borders of the city. The expense reimbursement shall be made before issuance of the moving permit.
3. Standards. All improvements required to render the building or structure safe and suitable for occupancy shall be completed prior to occupancy. Additional improvements necessary to ensure that the building or structure complies with the city's building code and with the site grading requirements or landscaping requirements for the zone, in which the structure will be located, shall be completed within 12 months of the date of issuance of the moving permit. The building or structure as improved shall not materially depreciate surrounding property values.
4. Review procedure.
   1. The completed application shall be submitted to the planning commission along with recommendations of the building official. The planning commission shall conduct a hearing on the application preceded by at least ten-days' mailed notice to all property owners within 500 feet of the building location site. The planning commission shall make its recommendation to the city council within 40 days after the completed application has been referred to the planning commission. If the planning commission recommendation is not received within the required time, the council may take action without the planning commission's report.
   2. The council may grant or deny the application or table it in order to obtain additional data necessary to make a reasonable decision. The council may require that the applicant post a performance bond, letter of credit, or cash deposit in a reasonable amount in order to ensure that applicant completes those improvements which are required to be completed within 12 months of the date of the issuance of the moving permit.

The exterior of all structures must be finished within six months from the date of commencement of construction of the structure. The building official may extend the completion date for large scale projects or demonstrated hardship.

1. Security escrow. A security escrow in an amount established by the city's fee schedule shall be paid before a building permit is issued for the construction of all new single and two-family residential structures and site work for other agreement as required by sections 103.00.106 or 105.12.260 of the city code. The security shall be returned to the applicant upon the successful completion of the following:
   1. Compliance with the state building code;
   2. Compliance with the city Code; and
   3. Compliance with specified requirements as determined by the building official.
2. Form. The city will accept a security escrow in the form of cash or a letter of credit in the form approved by the City Attorney.
   
3. Purpose. The security may be used at any time for the remediation of construction or development site improvements - related damage or debris on and around the site and for other violations of the city Code, including, but not limited to, unpaid fees, unpaid fines, unpaid contracted service fees, erosion control, street maintenance, boulevard repair and restoration, and landscaping. If the security items, landscaping, or building exterior, are not completed within six months of start of construction, excluding the time between November 1 and April 1, or upon the builder filing bankruptcy, or if the job is abandoned for 30 days or more, the city may enter the lot, perform the work, and apply the security toward the cost, plus administrative fees.
4. Action against the financial security. The city shall use the security to finance remedial work undertaken by the city, or a private contractor under contract to the city including a fee to the city for processing equal to ten percent of any contractor's invoice for materials and services, to reimburse the city for all costs incurred in the process of remedial work, including, but not limited to, staff time, engineering fees and attorney's fees.
5. Maintenance of financial security. If at any time the financial security is drawn upon, the applicant may be required to submit additional security to restore the security to the full amount as originally established. Restoring the full security is a requirement prior to resuming work on the site. The city maintains the right to stop all site / building work until the financial security has been replenished.
6. Release of financial security. The financial security shall be in place at the city's discretion until all work is completed, including the building final inspection and all site work and landscaping or other requirements including all punch list corrective items identified through city inspections.

The building inspector may require a certificate of survey showing the actual dimensions of the lot to be built on, the exact size and location on the lot of the building and accessory buildings to be erected, and other information as may be necessary to determine compliance with the city Code, before issuing a building permit for new construction on any lot.

1. Referral by building official and city administrator. Whenever an application is filed with the city for a building permit for any structure to be built, enlarged, or altered within, or moved in or into the city, and the building official finds that the application, plans, and specifications, and the plot plan submitted (the application papers) comply with the code of the city except that the application papers provide for a structure, the exterior design, appearance, and functional plan which the building official and city administrator, feel may be so at variance or so similar with the exterior design, appearance, and functional plan of structures in the neighborhood and same zoning district of the proposed structure as to cause a material depreciation generally to property in the neighborhood, then the building official shall, within ten days after the receipt of the application papers, file the papers and the opinion in writing, signed by the building official and city administrator, with the planning commission.
2. Call of hearing. Within ten days after the receipt of the application papers and opinions, the city administrator shall give notice to each member of the planning commission and to the public by publication in the official paper and to any other persons the city administrator deems advisable, of a hearing to be held by the planning commission with respect to the application. The notice shall state the purpose of the hearing and the location of the structure. Notice to the applicant shall be by registered mail at least three days in advance of the hearing, provided appearance at the hearing shall constitute a waiver of any defect in the notice of the hearing. The hearing on the application shall be held not less than one week, nor more than two weeks, after receipt of the application by the city.
3. Hearing and findings. Before or during the hearing, each member of the planning commission may view the premises upon which the structure is located or to be located, and at the hearing the commission shall examine the application papers and hear the applicant. It may also hear any citizens of the neighborhood and other individuals who request to be heard. Within 48 hours of the close of the hearing, the commission shall, pursuant to a majority vote of all the members of the commission, file written findings of the fact. It shall determine whether the exterior design, appearance, and functional plan of the structure is or is not at a variance or so similar with the exterior design, appearance, and functional plan of structures constructed or in the course of construction in the neighborhood of the proposed structures (in the same zoning district) as to cause material depreciation generally to property in the neighborhood. The commission shall further make a recommendation that the application be accordingly granted or denied. The finding, determination, and recommendation shall be in writing, signed on behalf of the planning commission by its chair. The city administrator shall file a certified copy of the finding, determination, and recommendation with the building official and shall mail a copy to the applicant. The application papers, the written opinions, and the findings, determinations, and recommendations of the planning commission shall immediately be presented by the city administrator to the council at its next regular meeting. Further action with respect to the application shall be held in abeyance pending order and direction of the council. In that case, no permit with respect to the application shall be issued except upon order and direction of the council.

1. Site grading.
   1. Submission requirements. All applications for a building permit shall include a plot or site plan detailing the proposed finished grades of the site at all building corners and all lot corners. All grades proposed shall be consistent with the approved grading plan for the subdivision in which the building site is located.
   2. As built grades certification. Amounts collected by the city and held in escrow as security to ensure completion of construction projects for any activity which requires a permit shall be held until the builder or the property owner has provided the city with a certificate of a registered surveyor or civil engineer attesting to the as built grades of all building corners and site corners, and the certificate shows all the grades to be consistent with the plot or site plan attached to the building permit application.
2. See LEC 105.04.790 and LEC 105.04.800 for additional requirements.
3. The requirements for construction site stormwater management and erosion and sediment control are found in LEC 105.04.750.

1. State fire code adopted. The Minnesota State Fire Code, as adopted by the Commissioner of Labor and Industry pursuant to M.S.A. ch. 299F.011, including all of the amendments, rules and regulations established, and appendix chapters as outlined below, adopted and published from time to time by the Minnesota Commissioner of Public Safety, through its fire marshal division is hereby adopted by reference and incorporated in this section as completely as if set out in full. A master copy of the most current and enforceable code book will be kept on hand and available for reference at the fire department. A person desiring a permit, as required by the Minnesota State Fire Code, shall submit an application to the Fire Code Official along with any fee required by the city fee schedule.
   1. Appendices. Appendices A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, and P are hereby adopted by the City of Lake Elmo. Under the direction of the Fire Code official, only particular appendices will be enforced. A published document is updated on an annual basis which includes specific details pertaining to appendices.
2. State statute adopted. Minnesota State Statute, as adopted by the Commissioner of Labor and Industry, pursuant to M.S. Ch. 1306.0020 Subp. 3 is hereby adopted by reference and incorporated in this section as completely as if set out in full.
   
3. Use of the terms of the fire code. Wherever the term "jurisdiction" is used in the Minnesota State Fire Code, it shall mean the City of Lake Elmo. Where the term "fire code official" is used in the Minnesota State Fire Code, it shall mean the city's Fire Chief.
4. Duties and responsibilities of the fire code official. The Fire Code Official or his or her authorized representative shall have the following duties and responsibilities:
   1. Enforcement of the Minnesota State Fire Code and applicable State Statutes.
   2. Enforcement of Fire Department Code Interpretation Policy Data sheets
   3. Keeping on file with the city all statutes and regulations applicable to this section.
5. Fire inspections. In order to ensure the health, safety, and public welfare, the city will inspect new and existing facilities in accordance with an established fire department policy. A fire service fee will be charged in accordance with the city's fee schedule for new construction, additions and alterations where a building permit is required.
6. Hazardous materials.
   1. A list of all hazardous materials and chemicals stored in structure(s) and on the property shall be submitted to the Fire Department in accordance to SARA Tier II Reporting, including 302 and 312 classifications.
7. Fire department code interpretation policy data sheets. The Lake Elmo Fire Department regularly publishes and maintains a specific set of interpretation policy data sheets that outline how the fire department understands and enforces particular sections of the Minnesota State Fire Code. Such interpretations are considered ordinance. A copy of each particular interpretation policy data sheet will be provided in any case where it is requested or enforced.

1. Regulations. All principal buildings shall meet or exceed the minimum standard of the state building code or the manufactured housing code, the state uniform fire code, the state department of health, the state pollution control agency, and the city's on-site sewage treatment ordinance.
2. Existing neighborhoods. When the principal building is a dwelling unit in an existing neighborhood, it shall contain no less than 75 percent of the average square footage, in finished living area, of the homes in that block. This provision may not be construed to require more than 940 square feet in finished living area for a two-bedroom dwelling unit, in any neighborhood.
3. Undeveloped areas. When the principal building is a dwelling unit in an undeveloped block, it shall be required to meet the requirements of subsection (a) of this section only.

1. Permits required. No person, corporation, partnership, or firm shall construct, repair, enlarge, alter, change, remodel, or otherwise significantly improve a swimming pool in the city without first having obtained a permit from the building official or their designee.
2. Definitions. Unless specifically defined in this section, common definitions, words, and phrases used in this section shall be interpreted so as to give them the same meaning as they have in common usage through this Code. Definitions are found in LEC 1.08.
3. Land coverage. The water surface of a pool shall be deemed pervious surface. All other pool features, such as the pool apron and equipment pad, shall be deemed impervious surface.
   
4. Application for permit. The building official may require plans, specifications, and pertinent explanatory data be submitted with an application for a permit.
   1. An application for a permit which includes a site plan showing:
      1. The type and size of pool, location of pool, location of house, garage, fencing, and other improvements on the lot;
      2. The location of structures on all adjacent lots;
      3. The location of filter unit, pump, and writing indicating the type of the units;
      4. The location of back-flush and drainage outlets, grading plan, finished elevations, and final treatment (decking, landscaping, and the like) around pool;
      5. The location of existing overhead or underground wiring, utility easements, trees, and similar features;
      6. The location of any water heating unit;
      7. The location of water supply systems, buried sewers, and sewage disposal systems, other utilities and proximate sources of possible contamination of the pool; and
      8. All dimensions, including the length, width, depth of the pool, the size of the pool deck, and the liquid capacity of the pool; plans shall be drawn to a scale of not smaller than one-fourth inch to one foot;
   2. The application shall be accompanied by the permit fee the council establishes by resolution.
   3. Pools shall not be located within 20 feet of any septic tank/drainfield nor within six feet of any principal structure or frost footing. Pools shall not be located within any required front or side yard setbacks.
   4. Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type.
   5. Pools shall not be located within any private or public utility, walkway, drainageway, or other easements.
   6. In the case of underground pools, the necessary precautions shall be taken during the construction to:
      1. Avoid damage, hazards, or inconvenience to adjacent or nearby property; and
      2. Ensure that proper care shall be taken in stockpiling excavated material to avoid erosion, dust, or other infringements upon adjacent property.
   7. All access for construction shall be over the owner's land and due care shall be taken to avoid damage to public streets and adjacent private or public property.
      1. To the extent feasible, back-flush water or water from pool drainage shall be directed onto the owner's property or into approved public drainageways.
      2. Water shall not drain onto adjacent or nearby private land.
   8. The filter unit, pump, heating unit, and any other noise-making mechanical equipment shall be located at least 50 feet from any adjacent or nearby residential structure and not closer than ten feet to any lot line.
5. Pool piping. Pool piping systems shall be constructed of materials prescribed in the city plumbing code. Installation of the piping, including the pool water supply line, shall be inspected by the building official prior to covering the piping.
6. Main outlets. Pools shall be equipped with facilities for completely emptying the pool and effecting surface drainage (by gravity, if elevations permit). The drainage system shall be constructed in accordance with the provisions of the city plumbing code.
7. Water supply. Water supplies serving all swimming pools shall be of a safe sanitary quality and be acceptable to the county health officer. The installation of the pool water supply piping and connection to the source of supply shall be in accordance with the city plumbing code.
8. Electrical requirements. All electrical installations provided for, installed, and used in conjunction with residential swimming pools shall conform with the state electrical code and shall be inspected and approved by the state electrical inspector. No current-carrying electrical conductors shall cross residential swimming pools, either overhead or underground or within 15 feet of the pools, except as necessary for pool lighting or pool accessories.
9. Heating requirements. Permits shall be required for all heating units used in conjunction with swimming pools. Installation shall be made in accordance with the city heating building code in effect at the time of installation.
10. Pressure relief valves. Pools shall be designed and constructed with under-drain systems and pressure relief valves to prevent pool flotation, where the building official determines the same to be necessary.
11. Shield lights. Lights used to illuminate any swimming pool shall be so arranged and shielded so as to reflect light away from adjoining properties.
12. Location. All swimming pools or appurtenances to swimming pools shall be located in the rear yard and meet the setback requirements of the district in which it is located. Requests for a variance from the provisions of this section shall be referred first to the planning commission for its study and recommendation and then to the council.
13. Fences. All swimming pools shall be completely enclosed by a non-climbable type fence. All fence openings or points of entry into the pool area shall be equipped with gates. The fence and gates shall be at least four feet in height and shall be constructed of a minimum number 11 gauge woven wire mesh corrosion-resistant material or other material approved by the building official. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate or otherwise be inaccessible to small children. All fence posts shall be decay- or corrosion-resistant and shall be set in concrete bases or other suitable protection. The openings between the bottom of the fence and the ground or other surface shall not be more than four inches.
14. Above ground swimming pools. Ladders or stairs which are attached to or placed against the outside of above ground tank-type swimming pools having a depth of 24 inches or more shall be removed from the outside of the pool when it is not being used by the owner or owner's authorized guests. All other applicable provisions of this section shall apply to above ground pools.
15. Public or semi-public swimming pools. Swimming pools, other than residential pools, shall be constructed and operated in conformance with standards for the installations established by the state board of health. In addition, the person, firm, corporation, or agency proposing the construction of a swimming pool other than residential shall file with the building official, prior to the beginning of any construction, a copy of the report prepared and issued by the state health department showing approval of the plans, and one set of pool plans upon which the approval is indicated by stamp, seal, or other official marking of that agency.

1. Permits required. A permit shall be required for all private tennis courts on residential lots.
2. Application. An application for a permit shall include name, address, lot and block number, and a site plan showing the size, shape, and pavement and sub-pavement materials, the location of the court, the location of the house, garage, fencing, septic systems, and any other structural improvements on the lot, the location of structures on all adjacent lots, a grading plan showing all revised drainage patterns and finished elevations at the four corners of the court, landscaping and turf protection around the court, location of existing and proposed wiring and lighting facilities.
3. Administration. Permits shall be issued by the building official.
4. Applicable standards.
   1. Tennis courts shall not be located closer than ten feet on any side or rear lot line. Tennis courts shall not be located within any required front yard.
   2. Tennis courts shall not be located over underground utility lines of any type, nor shall any court be located within any private or public utility, walkway, drainageway, or other easement.
   3. Solid tennis court practice walls shall not exceed ten feet in height. A building permit shall be required for the walls. The walls shall be set back a minimum of 30 feet from any lot line.
   4. Chain link fencing surrounding the tennis court may extend up to ten feet in height above the tennis court surface elevation.
5. Fees. Fees shall be based on the value system established in the state building code, or as adopted by ordinance of the council.

The purpose of LEC 105.08.230 et seq., is to promote health, safety, order, convenience, and general welfare by enforcing minimum standards for manufactured home parks, the location and use of the homes and the design, construction, alteration, and arrangement of homes on the lots, authorizing the inspection of manufactured home parks, and fixing penalties for violations.

1. Lot with occupied dwelling. No person shall park or occupy a manufactured home on the premises of a lot with any occupied dwelling.
2. Requirements. No person shall permit anyone to live or reside temporarily or permanently on land owned or rented by the person except in a structure meeting the requirements of the building and zoning ordinances of this city.
3. Exemptions.
   1. The provisions of LEC 105.08.230 et seq., shall not prohibit temporary use of a manufactured home as a single-family residence, during a period not to exceed ten months, while the family occupying the manufactured home is constructing a residence on the lot on which the manufactured home is located. The owner of the lot shall first secure a building permit for the permanent residence on the lot and a permit for temporary use of a manufactured home as provided in LEC 105.08.230 et seq. The building official may issue a permit for temporary use of a manufactured home for a period not to exceed ten months from the date of issuing of the permit for the permanent residence, provided the owner shall enter into an agreement with the city, in a form satisfactory to the city attorney, agreeing to remove the manufactured home from the lot no later than ten months from the date of issuance of the permit for the permanent home. The agreement shall provide that, in the event the owner fails to remove the manufactured home in accordance with the provisions of the owner's permit, the city may cause the manufactured home to be removed and stored in a suitable place at the owner's expense. The owner's performance of the agreement shall be secured by a bond or a cash deposit filed with the administrator in the amount of $1,000.00.
   2. Nothing in LEC 105.08.230 et seq., shall prohibit the use of manufactured homes as provided in the zoning code in LEC 105.12.

Unless specifically defined within LEC 105.08.230 et seq., common definitions, words, and phrases used in LEC 105.08.230 et seq. shall be interpreted so as to give them the same meaning throughout this Code, and are found in LEC 1.08.

No person shall attempt to establish, maintain, or operate a manufactured home park within the city without first obtaining a permit from the council.

1. No permit for a park shall be issued by the council until and unless the person requesting the permit shall first apply to the city administrator on the form of application to be provided by the administrator, and shall submit with the application all information and data specified in LEC 105.08.230 et seq.
2. The application shall be in writing, signed by the applicant, and shall include the following:
   1. Name and address of applicant;
   2. Location and legal description of the manufactured home park;
   3. Complete engineering plans and specifications of the proposed park, including, but not limited to, the following:
      1. The area and dimensions of the tract of land;
      2. Two-foot topography sketch of the land;
      3. The number, location, and size of all manufactured home lots;
      4. The location and width of roadways and walkways;
      5. The location of water and sewer lines and reset pipes;
      6. Plans and specifications of the water supply and refuse and sewage disposal facilities;
      7. Plans and specifications of all buildings constructed or to be constructed within the manufactured home park;
      8. The location and details of lighting and electrical systems; and
      9. A landscaping plan approved by the city, and that park ground area and recreation equipment be shown on the landscaping plan, as provided by state statute and LEC 105.08.300.
   4. A plan for the warning and sheltering or the safe evacuation to a safe place of shelter of the residents of the park in times of severe weather conditions, such as tornadoes, high winds, and floods. The shelter or evacuation plan shall be developed with the assistance and approval of the city and shall be posted at conspicuous locations throughout the park. Residents of the park must also be given the option of constructing a shelter under or near their home, approved by the city and park owners; and
   5. Further information as the council may request to enable the council to determine if the proposed park will comply with the legal requirements and will ensure the protection of the best interests of the city and its citizens as to health, welfare, and public safety. Twenty copies of the application, and all accompanying plans and specifications, shall be filed. The council shall make investigations of the applicant, the plans, the site, and any other related subjects as it may deem necessary and proper. For the purposes of this investigation, the council may use the services of regular city offices and employees or the council may employ the service of outside consultants and experts as it may choose. This application shall be required for all areas not yet occupied by manufactured homes prior to the effective date of the ordinance codified in this section.

Application fees shall be set from time to time by resolution of the city council.

The council shall provide for a public hearing before granting a park permit. Notice of the hearing shall be made by publication in the official city newspaper. Publication shall be made at least ten days prior to the date of hearing. All property owners within 500 feet shall also be notified by mail.

A park shall conform to the following requirements:

1. Location. The park shall be located on a well-drained site properly graded to ensure prompt drainage of surface waters and stormwaters and to ensure freedom from stagnant pools of water. Surface waters shall be disposed of according to a plan approved by the city. The park shall be serviced by a central sanitary sewer system and a central water system approved by the state department of health, and by the council.
2. Lot size. Individual lots shall be provided consisting of a minimum of 6,000 square feet each, and shall be at least 60 feet wide, which size lot allows for a maximum length manufactured home of 55 feet. Larger homes will require longer lots to comply with subsection (c) of this section, and other requirements of LEC 105.08.230 et seq.
3. Clearance between homes. Manufactured homes shall be placed upon lots so that there shall be at least a 20-foot clearance between homes and 20 feet between the front of the home and the front lot line and 25 feet between the rear of the home and the rear lot line.
4. Location to public road. No manufactured home shall be located within 125 feet of the existing or planned-for edge of the traveled part of a public road. Under no conditions shall a home be located closer than 30 feet to a public road right-of-way line.
5. Internal streets. Internal private streets within the park shall have a driving surface no less than 32 feet in width and shall have unobstructed access to a public street, road, or alley, shall meet city engineering design standards, and be posted with a 20 mph speed limit.
6. Walkways. Walkways shall be no less than two feet in width.
7. Driveways and sidewalks. All driveways and sidewalks shall be hard surfaced and shall be no closer than five feet from park boundary.
8. Utility building. Each park shall have the utility buildings as are required by state law.
9. Landscaping.
   1. Parks shall be landscaped as the council shall approve and direct in the specifications established in the permit.
   2. The landscaping may be ordered by the council as appears necessary and proper to cause the appearance of the park to harmonize with the general appearance of the surrounding neighborhood and to provide borderline screening if deemed advisable.
10. Electric. Electrical service shall be provided for each manufactured home, with service to be at least 110 volt, 100 ampere capacity.
11. Lot markings. The limits of each manufactured home lot shall be clearly marked on the ground by permanent flush stakes, markers, or other suitable means and the manufactured home lot limits shall be the same as shown on the accepted plans.
12. Parking. Each lot shall have parking space for at least two automobiles.
13. Open space. Public open space shall be provided as set forth in this title.
14. Lights. A lighting system for the park grounds approved by the council shall be installed and lighting provided from sunset to sunrise.
15. Hydrants. Fire hydrants shall be installed and connected as necessary.
16. Foundations. All dwellings shall be placed on a permanent foundation or anchored to resist overturning, uplift, and sliding in compliance with the state building code.

Each park shall have an office for the use of the operator distinctly marked "office" and the marking shall be illuminated during all hours of darkness.

Each park plan may provide for an area of lots within the park reserved for residents without minor children, not to exceed one-third of the individual lots.

A building permit shall be required for each manufactured home brought into a park and any alterations to a structure in a manufactured home park.

The operator or duly authorized agent shall be in attendance at the park at all times and shall keep the park in a clean, orderly, sanitary condition.

Failure to comply with any provision or requirement of LEC 105.08.230 et seq. or with any provision or requirement imposed upon the park or owner or operator by the terms of the permit or the terms of any contract agreement or stipulation entered into or imposed by the council as part of or in connection with the permit shall be cause for revocation of the park permit by the council after a ten-day mailed notice of violation and time and place of hearing to the owner and operator and a hearing by the council. Compliance with the terms of LEC 105.08.230 et seq. shall be a condition precedent to the issuance of a state license and shall run with the license so as to be an essential part of the license. Upon revocation of a permit by the council, no further occupancy of the manufactured homes in the park shall be allowed. However, the council may allow a reasonable time for termination of occupancy. This section shall apply in all respects to any violation of provisions previously in effect that continue to control existing occupied park areas.

1. Compliance with ordinance. The building inspector is authorized and directed to make inspections as are necessary to determine satisfactory compliance with LEC 105.08.230 et seq., including the power to enter at reasonable times upon any private or public property for inspections.
2. Registration record. The building inspector, the county sheriff, or their duly authorized representatives, shall have the power to inspect the register containing a record of all residents of the manufactured home park.
3. Access. It shall be the duty of the park management to give the building inspector free access to all lots at a reasonable time for the purpose of inspection.
4. Repairs. It shall be the duty of every occupant of a manufactured home park to give the owner of the park or owner's agent or employee access to any part of the manufactured home park at reasonable times for the purpose of making repairs or alterations that are necessary to effect compliance with LEC 105.08.230 et seq.

1. Requirements. New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by LEC 100.00.090.
2. Existing parks in floodplain districts. Manufactured homes in existing manufactured home parks that are located in floodplain districts are nonconforming uses and may be replaced only if in compliance with the following conditions:
   1. The manufactured home lies in the flood fringe district;
   2. The manufactured home is anchored with tie-downs that comply with requirements of state statutes;
   3. The manufactured home owner or renter is notified that the manufactured home site lies in the floodplain and may be subject to flooding; and
   4. The manufactured home park owner develops a flood emergency plan consistent with the time available after a flood warning. The plan shall be filed with and approved by the council.

1. Manufactured home park owners shall adopt regulations relating to the use and maintenance of storm shelters. A copy of the regulations or any amendments thereto shall be kept on file with the administrator, the civil defense director, the fire chief, and the county sheriffs department.
2. The regulations shall address the following minimum concerns:
   1. Maintenance of shelters. The regulations shall include a routine maintenance schedule in order to control vandalism and maintain the shelters in a sanitary and safe manner. During the storm season, shelters shall be checked at least once during each business day by a representative of the manufactured home park owners. As used herein, the term "storm season" means the period between April 1 and September 15 of each year.
   2. Shelter access map. An access map illustrating the most convenient route from an individual manufactured home to a designated storm shelter shall be disseminated in the following manner:
      1. A copy shall be delivered to each manufactured home owner within the park.
      2. A copy shall be included with the park move-in information packets for each new tenant.
      3. Copies shall be posted on any manufactured home park community bulletin board.
      4. A copy shall be posted in the club house of the golf facility at the manufactured home park.
      5. A copy shall be available at the manufactured home park office.
   3. Storm shelter drills. Storm shelter drills shall be conducted at a reasonable time in the spring of each year prior to the storm season. The city civil defense director and the fire chief shall be given 72 hours advance notice of any proposed storm shelter drill. The park owner shall include within their regulations relating to storm shelter drills any recommendations of the civil defense director and/or fire chief.
   4. Periodic review. On an annual basis, park owners shall solicit comments from park residents and the administrator regarding the effectiveness of current storm shelter regulations or proposals for changes to the regulations.

1. Based upon the difficulty and expense of relocating manufactured homes and the availability of manufactured home parks within a reasonable distance of the city, the council finds that the public health, safety, and welfare of city residents will be promoted by adopting regulations relating to the payment of relocation costs and compensation in the event of the closing of all or a portion of a manufactured home park.
2. The purpose of the regulation is to define the regulations which will apply to manufactured home park closings and is adopted pursuant to the authority granted by M.S.A. § 327C.095, as it may be amended from time to time.

At least nine months prior to the anticipated date for the full or partial park closing, the park owner shall:

1. Personally serve a copy of the closure statement on at least one adult resident of each manufactured home within the manufactured home park; and
2. Personally serve the city administrator with a copy of the closure statement, a current resident list, and a plan for funding the relocation costs and compensation which will be required as a condition of closing.

1. The city administrator shall forward the closure statement to the planning commission for comment.
2. Upon review by the planning commission, the city administrator shall schedule a public hearing before the council preceded by ten-days mailed notice to people whose names appear on the resident list.
3. Failure to notify all park residents shall not invalidate the public hearing.
4. At the public hearing, the council shall review the closure statement, receive comments, and evaluate the impact of the manufactured home park closing on the park residents, the city's resources, and its comprehensive plan.

As a condition of closing, the park owner shall pay relocation costs to eligible park residents or the park purchaser shall pay compensation to eligible park residents as provided subsequently in LEC 105.08.400 et seq. Development and/or building permits shall not be issued for subsequent uses of the manufactured home park property until the park owner has complied with the city's development regulations and until the park owner and/or park purchaser have made arrangements, acceptable to the city, for funding relocation costs and compensation required by LEC 105.08.400 et seq.

Within 90 days of receipt of a closure notice, a park resident shall provide the park owner with a written statement of relocation costs or, in the alternative, a written statement that the park resident cannot relocate the park resident's manufactured home to another manufactured home park within a 25-mile radius and the reasons for the conclusion.

1. Single section manufactured homes. If a single section manufactured home can be relocated to another manufactured home park within a 25-mile radius, the park owner shall pay eligible park residents' relocation costs as defined in LEC 105.08.400 et seq., or, an amount equal to $3,500.00, whichever is less.
2. Double section manufactured homes. If a double section manufactured home can be relocated to another manufactured home park within a 25-mile radius, the park owner shall pay eligible park residents' relocation costs as defined in LEC 105.08.400 et seq., or an amount equal to $5,000.00, whichever is less.
3. Relocation payments. The park owner shall make relocation payments directly to contractors providing the relocation service, but, upon proof of payment of the relocation costs by an eligible park resident, shall reimburse the eligible park resident directly for the relocation costs. The park owner shall be entitled to receive adequate documentation of relocation costs, including costs of proposals, invoices, estimates, and contracts for relocation services.
4. Maximum relocation payment. The maximum relocation payment specified in subsections (a) and (b) of this section shall be adjusted on January 1 of each year commencing on January 1, 1992, based upon the change in the consumer price index, Minneapolis-St. Paul, for all urban consumers (CPI-U) as published in the Bureau of Labor Statistics of the United States Department of Labor. The amount of the adjustment shall be equal to the percentage of change in the CPI-U on the date of adjustment over the CPI-U in effect on January 1 of the preceding year.

If a manufactured home cannot be relocated to another manufactured home park within a 25-mile radius, an eligible park resident shall elect one of the following options by giving written notice to the park owner who shall forward the notice to the park purchaser, and the compensation payment provided for in LEC 105.08.400 et seq. shall be paid within 30 days prior to the date of the closing on the sale of the manufactured home park.

1. Retaining title. The eligible park resident may elect to receive compensation in an amount equal to the average relocation cost provided to eligible park residents for the relocation of similar housing, in which event the park purchaser shall pay the compensation and the eligible park resident shall retain title to the manufactured home and be responsible for its prompt removal from the manufactured home park; or
2. Title transfer. The eligible park resident may elect to receive compensation in an amount equal to the estimated fair market value of the manufactured home as determined by an independent appraiser experienced in manufactured home appraisals. The appraisal shall be made no earlier than 60 days prior to the closing of the park or its conversion to another use in order to ensure that the current fair market value of the eligible park residents' manufactured home is appraised. The park purchaser and the eligible park resident shall each pay one-half of the cost of the appraisal. The park purchaser shall pay the compensation to the eligible park resident upon transfer of clear title to the manufactured home.

1. Vacation of manufactured home from park. Displaced park residents cannot be required to vacate the manufactured home park until 60 days after conclusion of the public hearing before the council.
2. Partial closure. If there is a partial closure of the manufactured home park and other lots remain available within the same manufactured home park, the park owner must allow displaced residents an opportunity to relocate within the manufactured home park unless the displaced resident's manufactured home, because of its size, is not compatible with the available lot.

The total amount of relocation cost and compensation to be paid to eligible park residents shall not exceed 20 percent of the estimated market value of the manufactured home park, as stated in the property tax statement for the year in which the closure statement is served on the city administrator. If the total of the relocation cost and compensation payable to eligible park residents exceeds this limitation, the relocation costs and compensation payable to each eligible park resident shall be decreased proportionately so that the total of the relocation costs and compensation does not exceed the limitation stated in this section.