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HomeMy WebLinkAboutOrdinance 853 ORDINANCE NO. 853 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVAL OF AMENDMENTS TO TITLE 1000 (BUILDING AND DEVELOPMENT REGULATIONS) OF THE MOUNDS VIEW CITY CODE The City of Mounds View ordains: SECTION 1. The Mounds View City Council hereby amends Title 1000 of the Mounds View City Code about Building and Development Regulations by deleting the see language and adding the underlined text as follows: TITLE 1000 BUILDING AND DEVELOPMENT REGULATIONS Subject Chapter BuildingCode ...........................1001 FireCode ...........................1002 ElectricalCode ...........................1003 oi. m b Ce Reserved ...........................1004 HousingCode ...........................1005 Building Permits and Fees; Development Controls ......................1006 BuildingRelocation ...........................1007 Signs and Billboards ...........................1008 SwimmingPools ...........................1009 Wetlands Zoning Regulations ...........................1010 Manufactured Home Park Closings ...........................1011 Multiple Dwelling License ...........................1012 (Added, Ord. 731, 3- 22 -04) SECTION 2. The Mounds View City Council hereby amends Title 1000, Chapter 1001 of the Mounds View City Code (The Building Code) by deleting the Str i Gken language and adding the underlined text as follows: 1001.01: ADOPTION OF STATE BUILDING CODE: Subd. 1. Minnesota State Building Code Adopted by reference: The most current edition of the Minnesota State Building Code and related documents as adopted by the Minnesota Department of Labor and Industry pursuant to Minnesota Statutes Chapter 16B.59 to 'tip including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Department of Labor and Industry, through the Construction Codes and Licensing Division is hereby adopted by reference including Chapter 1306 with optional 1306.00200 Subpart 2. The Minnesota State Building Code is hereby incorporated in this Section as if fully set out herein. A copy of said Building Code is on file in the office of the C- Jerk Q jjy Administrator Subd. 2. Effective Date: Effective July 1, 1972, all building within the City shall be regulated by current State statutes, as amended from time to time. 1001.02: APPLICATION, ADMINISTRATION AND ENFORCEMENT: The application, administration, and enforcement of the Code shall be in accordance with Minnesota State Building Code. The Minnesota State Certified Building Official designated by City of Mounds View to administer the Code shall enforce this Code. 1001.03: BUILDING PERMITS AND FEES: Subd. 1. The issuance of building permits and the collection of fees shall be as authorized in Minnesota Statutes 1 68 sub-division 1 Permit fees shall be assessed for work governed by this Code in accordance with the fee schedule adopted by the resolution of the Council. In addition, a surcharge fee shall be collected on all permits issued for work governed by this Code in accordance with Minnesota Statutes 16B.7 The permit fee does not include the cost of any outside expenses the City may incur related to the review, inspection or enforcement of the permit, such as those for soil test, planning, legal or engineering consultants. The owner or agent shall make payment for all such expenses when billed therefore by the City. Subd. 2. Wot:kv�4thetA Pefmit! Should any pefsen begin wer-k ef any kind stieh as her-einaftef set er-+rL, f or- 1,' h a pet:f it from the a b B C e d e t t h avin fifst seetffed the neeessafy pefmit frotn the City fet! so doing, that per-son shall be subjeet te speeial ifwes4igatien and fees. (Added, Or-d. 715, 5 27 03) Subd. 3. Bttilding aftd Censtfuetion Valuation! Building vaittatien, faf the pttfpese ef establishing amended 4efn time to time. Valtta4ien fef alterations, fepair-s or- extensions shall deteniiined by the Building inspeeter- based an Building r J `i ,7 Lu iuiii� �vcc� e Ofd. 715, 5 27 1001.04: EXPIRATION OF BUILDING PERMITS: Building permits will expire Shall e in accordance with the Minnesota State Building Code unless other ways specified under the Buildin Permits and Fees; Development Controls, Section 1006. 2 1001.05: STOP WORK ORDERS: Whenever any building work is being done contrary to the provisions of the Building Code or the City Code the Building Official may order the work stopped by notice, in writing, served on any persons engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Building teeter Official to proceed with the work. 1001.06: PENALTIES: Subd. 1. Any person(s), firm or corporation whieh shall violate that violates any provisions of this Chapter and/or the Minnesota State Building Code, shall be guilty of a misdemeanor. Subd. 2. Each day any such violation shall continue shall constitute a separate offense, unless otherwise specifically provided. 1001.07: CERTIFICATE OF OCCUPANCY: Subd. 1. Residential Certificate of Occupancy shall be granted upon completion of work and final approval by the Building Official. Subd. 2. Commercial Certificate of Occupancy shall be granted in conjunction with the Fire and Building Code Officials only after a fire inspection has been conducted and approved when the business is completely moved in and ready to operate. Subd. 3. The exterior of any building shall be completed prior to occupancy of that building. 1001.08: TEMPORARY CERTIFICATE OF OCCUPANCY: Subd. 1. Residential: A Temporary Certificate of Occupancy may be granted prior to sodding or seeding the lawn and finishing the driveway if approved by the Building Official. Subd. 2. Commercial: A temporary certificate of occupancy for not more than sixty (60) days for commercial and industrial applications may be granted pfierto before the required fire inspection approval. The City must inspect and approve all required fire protection systems. SECTION 3. The Mounds View City Council hereby amends Title 1000, Chapter 1002 of the Mounds View City Code about the Fire Code by deleting the s ken language and adding the underlined text as follows: 1002.01: ADOPTION OF STATE CODES: Subd. 1. The most current edition of the Minnesota State Fire Code, as adopted by the Commissioner of Public Safety pursuant to Minnesota State Statutes, C L ha °r 2999.01 including all the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Public Safety, through the State Fire Marshal Division is hereby adopted by reference including Minnesota State Amendments H and I. The Minnesota State Fire Code is hereby incorporated in this Section as if fully set out herein. 3 Subd. 2. The most current edition of the Minnesota State Building Code, as adopted by the Commissioner of Administration pursuant to Minnesota Statutes, rapt°~ 'x.59 to 5, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Administration, through the Building Codes and Standards Division is hereby adopted by reference including Chapter 1306 with options 1306.00200 Subpart 2, and 1306.0030 E Option 1. 1002.02: LOCAL FIRE REGULATIONS: The Minnesota State Fire Code provides the local Fire Chief ability to adopt local fire regulations. The Fire Chief may amend these regulations from time to time as needed. Copies of the regulations are available at City Hall or the Fire Department. 1002.03: ENFORCEMENT OF PROVISIONS: Subd. 1. Enforcement of Fire Code: The Minnesota State Fire Code shall be enforced by the Fire Marshal, who shall be appointed by and operate under the supervision of the Chief of the Fire Department. Subd. 2. Inspectors: The Code Official shall have the authority to appoint a deputy code official, other related technical officers and inspectors as shall, from time to time, be necessary. Subd. 3. Annual Report: A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Council. 1002.04: PERMIT FEES: All Fire Department permit fees shall be set in accordance with a fee schedule adopted by resolution of the City Council. 1002.05: APPEALS BOARD: The Fire Department Board of Directors and the Fire Chief shall act as the local board of appeals with regard to enforcement of this Chapter and the Minnesota Uniform Fire Code. 1002.06: PENALTIES: Subd. 1. Any persons, firm or corporation wall that violate any provisions of this Chapter and/or of the Minnesota Uniform Fire Code shall be guilty of a misdemeanor. Subd. 2. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Subd. 3. Each day any such violation shall continue shall constitute a separate offense. 1002.07: MINOR POSSESSION OF IGNITION DEVICES PROHIBITED: Subd. 1. Definitions: Ignition device, for the purpose of this Section shall be defined as: a. Matches. 4 b. Lighters. c. Any other materials when used for purposes of ignition. Subd.2. Prohibitions: a. No minor may possess any ignition device, unless under the direct supervision of, or with the direct permission of, a parent or legal guardian; b. No person may sell, give, deliver, or make accessible, any ignition device to a minor; and c. No owner of a place of business may make ignition devices accessible to minors at the place of business. Subd. 3. Confiscation: Any ignition device possessed by a minor may be confiscated by any peace officer, Fire Chief or authorized designee of the Fire Chief. Once confiscated, the ignition device shall become property of the confiscating authority and shall be processed accordingly as evidence in the commission of a crime or made inoperable and disposed of properly. Subd.4. Penalties: a. Any person who that violates any of the provisions of this Section hereby adopted shall for each and every violation, be punished by a forfeiture of the ignition devices and/or a fine of not less than fifty dollars ($50.00) nof but no more than two- hundred dollars ($200.00) for each offense as determined by the Fire Marshal plus any costs and surcharges as required by law; and b. The Fire Marshal may waive any penalties if a guilty minor attends and pays for the cost of the Anoka County Juvenile Fire Setter Intervention Program or an equivalent program approved by the Fire Marshal. b. in addifien to aiiy other- penalties pfevided fer- in this Code, the judge E)f any eetfft e eei:npetetA jttfisdiefien may order- any per-son fo�d guilb of violating this Seetion to 1002.09: EXPIRATION OF FIRE PERMITS: Fire Permits will expire in accordance with the provisions of the Minnesota State Fire Code. 1002.10: STOP WORK ORDERS: Whenever any work is being done contrary to the provisions of the Fire Code or the City Code the Fire Marshal may order the work stopped bX written notice served on any persons engaged in doing or causing such work to be done. Any such person shall forthwith stop such work until authorized by the Fire Marshal to proceed with the work. 5 1002.11: PENALTIES: Subd. 1. Any person(s), finn or corporation that violates any provisions of this Chapter and/or the Minnesota State Building Code, shall be guilty of a misdemeanor. Subd. 2. Each day any such violation continues shall constitute a separate offense unless otherwise specifically provided. SECTION 4. The Mounds View City Council hereby amends Title 1000, Chapter 1003 of the Mounds View City Code (The Electrical Code) by deleting the &kk3lEe -n language and adding the underlined text as follows: 1003.01: STATE CODES ADOPTED: Subd. 1. Electrical Code: ere TL TJ h feby adopted ra,, b un Vi r^r the pi dfpese ,.f,. unifefffi standards 111Y,J1V lIGl t o safeguard life or- limb, hea#',propef�y and publie welf all buildings and stmettifes, the N4inneseta State Eleetfieal Cede, as amended ffem time to fiffie. Copies of the Eleetr-ieal Gede afe filed in the offiee of the Clerk Administ-Fater-, an- the same is hefeby adopted and, an the effeetive date hefeef, shall be eepAfaffiiig within limits of the NRtnieipa4ity. (198 C ode 93 Gode) -There is hereby adopted by the City of Mounds View the State of Minnesota provisions and controls for all electrical work. Sttbd. 2. Building Code All building within the N4tinieipality shall be regulated by etiffent State stattAes, as amended ftem time to fitne�. (1988 Code §62.01 1993 Cede) SECTION 5. The Mounds View City Council hereby amends Title 1000, Chapter 1004 of the Mounds View City Code (The Plumbing Code) by deleting the StF i e k en language and adding the underlined text as follows: RESERVED 1004.01.: �STECOD ADOPTED Subd. 1. Plumbing Cede! Thefe is hereby adepted by Wtinds View faf the ptlfff)se Of pr-OVidiflg tmr€or nstandards to safeguard life or- limb, health, p fepe fty an d pu bli c design qua of matefials, use and oeetipan all buildings and the NfiPmeseta State Plumbing Code, as amended ffofn time to time. Copies of the Plumbing Code afe filed in the offiees of the Clefk Adfni4fflis4atef, and the same is hereby adopted, and the etl effeetive date hefeof th thereof shall VVilll Vlllllg within the limit ef the Nlidnieipality. Sttbd. 2. Building Code! All building within the N4unieipality shall be r-egulated by etiffent State 6 SECTION 6. The Mounds View City Council hereby amends Title 1000, Chapter 1006 of the Mounds View City Code about Permits and Fees and Development Controls by deleting the et-rieken language and adding the underlined text as follows: CHAPTER 1006 BUILDING PERMITS AND FEES; DEVELOPMENT CONTROLS' 1006.01: PERMIT REQUIREMENTS: pub 1. P efmit R Beter .1' w ith th „s+, 1. e, en t 1 +°«.,f;,, fem al, .a 1'f;,,.. of afty building inspeetaf. Up on the feeeffhiffiendatien of the Clefk Administfatef, �rnhe Ge neil Sic^ni designate all wafk fef whieh peffnits shall be fequir-ed undef this pf-evision ef the Code. pubd. 2. Exeeptierr A b peffn ,l pefm fee sh not b e r e qu i r ed fo a efk havi iv a ny i ava l ess th eii th h un d re d fift ,l 11 s ($350 eme ept f6 th f:,ll,.,.,; -hie>, will require a pefmit fegafdless ef the vaittation of the work! (Ofd. 508, 4 2-7-92) a. A pr-apose wof th w ill er-e new st,-, ..t .,l f ,-L .,lt° e st ,.t„ .,1 e. L It t' i mpae fi ng th ,.f:,,,° dr -a i nage sy ste m o f the C t. 2 r r t t s h a ll .0 t b °a fn any fk th iei 1 uu .l eu ,l tl, v aluati on u be pef mitpethe Tmrent Nfif eseta State Building Co (Amended, n,-.7 715, c 77 03) (1) renstfuefien, aftefation of repai-f of b f footings e (7) Ex .,ti ,,,1;., fillin 1 t f afe f Yiv� vi �uvaa. 7 (n) i l l ati at of s t,,,.,.,, Jlll\+ (G) D hi 1' 1 sti 1 1 of s of -aft th atty Residing of any building of N (7) Efeetion of any ,,4f ate. (Q` l~ eetion-o€ainyLfeii be fesponsible for- assur-ing that the loeatiofi of the fenee is eonfined to the boundaries o owner-'s pfopeft)- (10) Raising of shor-ing of any vuiiu c of sstlnuetufe. of the Mtmieipafity. (12) M ov i ng b t etufes lafgef in size thafl twelve feet (12') high —:A ffem one (1) loeation to anethef eve 5 F any p 4 Y «t' b J 1 m 4'l0 a t e nl 1 d b of li t r .1 di •1 f 1 •1 gaso line gas. A o,-,V, it f r tue efttde of above defi w fk may be issued by th h eaf i fig 1- b een h ftef published beenplaeed in the ffie:a new paper- of the City two (2) weeks Y Y a Subd. 1. Building Permit Required: a Before proceeding with the construction enlargement alteration repair, moving', improvement removal conversion or demolition of any part of any building or structure, the owner or agent shall first obtain a building permit for such purpose from the City Building Official. b Exceptions: The City does not require a building permit for such work specified as being exempt from permits in the Minnesota State Building Code. Subd. 2. Zoning Permit Required i See Chapter 1007 of this Code for building relocation regulations. 8 a. Before proceeding with an alteration or improvement that is not regulated under the Minnesota State Building Code or as specified in Subd 3 (b) for any part of any structure or building onto any land that may or may not impact the surface drainage system' of the CitL the owner or agent shall first obtain a zoning permit for such purpose from the City_ Subd. 3. Types of Work Requiring a Permit a. Building Permit: General Building Construction and improvements as specified in the Minnesota State Building Code and related documents as adopted by the Minnesota Department of Labor and Industry. b. Zoning Permit: (1) Television and radio antenna exceeding 20' above roof 2 (2) Dumpster enclosure (3) Driveway,Darking lot parking area patio or sidewalk (4) Kennel (5) Si ngnO (6) Accessory building g 20 sic uare feet and under (7) Deck or platform not attached to primary structure and/or 30 inches high or under (8) Fences six feet high or under (9) Retaining wall two feet to four feet high (10) Satellite dish greater than 3 feet in diameter 7 b: c. Electrical Work: (1) For- pwpeses of mien -off tee the -most rzee t b i, a S 1 See Chapter 1302 of this Code for surface water drainage regulations. 2 See Section 1104.02, Subd. 3(d) 13 of this Code for antenna height regulations. 3 See Sections 1104.01, Subd. 4 and 1121 for driveway regulations. 4 See Section 1008 of this Code for sign regulations. 5 See Section 1106.03, Subd. 1, for accessory building regulations. 6 See Section 1103.08 of this Code for fence regulations. 7 See Section 1103.18 of this Code for satellite dish regulations. 9 (2)) (1)_The owner or agent shall first obtain a permit from the State of Minnesota Electrical Inspector before proceeding with any work involving installation, replacement, alteration or repair of electrical services, including temporary services. (Ord. 508, 4- 27 -92) (2) The State of Minnesota Electrical Inspector shall inspect and approve all electrical work before Cityqpproval of the final building inspection and before the City issues a certificate of occupancy. 1006.02: PERMIT FEES AND EXPENSES: Subd. 1. Payment of Fees and Expenses: A permit fee, established fee time to fi -e the amount for which is ap rop ved by resolution of the Council, shall be paid to the City before Munieipality prior- to the issuance of any permit herein prescribed. The permit fee does not include the cost of any outside expenses the Qty Muflieipah t} may incur related to the review, inspection or enforcement of the permit, such as those for soil test, planning, legal or engineering consultants. The owner or agent shall make payment for all such expenses when billed therefore by the Cy Munieipali Subd. 2. Work without Permit: Should any person begin work of any kind such as hereinafter set forth or for which a permit from the Q3L Munieipahty is required by the Building Code' or the Ci Code without having first secured the necessary permit from the 01Y N fei sue, that person shall be subject to a special investigation and fees as established by the State Building Code. City Council resolution. Subd. 3. Building and Construction Valuation: Building valuation, for the purpose of establishing building permit fees, shall be as adopted by the City Council by resolution and may be amended from time to time. Valuation for alterations, repairs or extensions shall be determined by the Building laspeeter Official based on the Building teeter's Official's estimate of the materials cost and the labor cost to put the construction in place. Subd. 4. Permit and Application Fee Refunds: The City may refund building permit fees for work that has not commenced within one hundred eighty (180) days of the CitYissuing the permit. The City will not make any fee refunds after one hundred eighty (180) days of the City issuing the permit. All persons requesting a refund shall make the refund request in writing. The City will reimburse the paid fees to the person or party that made the initial payment unless the Building Official authorizes the payment to another person or party. The City will not refund the plan check fee if the City has performed a plan check. The City shall not refund State Surcharges or fees that the Ci has reported to the State of Minnesota. 1006.03: PERMIT EXTENSIONS: If the work for which a permit was issued does not commence within one hundred eighty (180) days or if the work is suspended or abandoned for a period of one hundred eighty (180) days, the permit shall be considered void and invalid. The Building Official may grant, in writing, extensions for periods not more than one hundred eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated. The decision of the Building Official may be appealed to the City Council. See Chapter 1001 of this Title. 10 1006.04: LICENSING PROVISIONS: Subd. 1. License Required: Before any person shall engage in the business of doing or performing any of the work set forth in Subdivision 2 hereof in the City of Mounds View Muflieipa4i said person shall first obtain a City license to do so as more fully provided for in this Chapter. A City license shall not be required if said person is licensed with the State of Minnesota and if said license is valid for the work being performed in Mounds View. A fee for checking the status of the State- issued license may be charged and will be set by resolution. Subd. 2. Work Requiring City License: Asphalt Exeavafitig and ng Fe nee i li ns t a l 0.. d h ave a St l Heating, H ai o M ase Plaster-, stueee of lathin Sewef and wa4er (wofking in stfeet only, State plumbing license eavefs aRy work to the prepefty liRe) Sheet r-eek Si ,,,,d billboard bar Sidif T ree t f i mm i ng a r-em Specialty Contractor: excavation masonry including cement footings, masonry (May Perform Only fireplaces and walls; carpentry including doors windows, decks One Activily Listed) without footings and hanging_ wallboard -no taping; interior finishing including insulation v por barrier, and prefab stairs; drywall including plaster, lathing, and wallboard; exterior finishing including siding, iding, gutters soffit and fascia; garage doors; swimming pools including spas and hot tubs; asphalt; demolition/wreckin 11 General Commercial commercial and residential contracting _(over 4 units) includes Contractor: all contracting work (separate license required for hvac work and excludes any state licensing_ requirements) Zoning Contractor: fence, sign, shed (120 sq ft or under), retaining wall (2' -4' high), building mover (buildings under 16'x20'), satellite dish g reater than 3' in diameter residential antenna HVAC Contractor: fireplace /stove installer, heating, air conditioning, ventilation, as i in Tree Contractor: tree trimming and removal Fire Specialty above ground tank installation and removal, special fire Contractor: suppression systems, temporary tents, canopies and membrane structure installation Subd. 3. Requirements for License: Each applicant for a license shall satisf., the Council ppheant is eempetentbyreason ef edueation, speeial tFaining aftd experiex appheant is equipped to perform work in the City shall provide the City with the necessary information to process the license request and shall perform the work in accordance with all St a4e laws, City ordinances and the Minnesota State Building Code. Subd. 4. Application and Fees: Application for licenses shall be filed with the Gler-k-Oly Administrator on the forms furnished by the City. The annual fee for each license shall be as established by resolution, as amended from time to time, by the City Council. Subd. 5. General Commercial Contractors: A Cif license granted to a general Commercial contractor shall include the right to perform all efthe work included in the general contract but shall exclude any work that requires a separate license issued by the State of Minnesota Such license shall include any or all of the persons performing the work under the general contract, providing that each person performing such work is in the regular employ of such general contractor and qualified under State law and the provisions of this Code to perform such work. In these cases, the general contractor shall be responsible for all of the work so performed. Subcontractors, who are persons not in the regular employ of a general contractor, shall be required to semplywitl} meet the Sections of this Code pertaining to license and insurance qualifications for the subcontractor's particular type of work. Subd. 6. Insurance: Any person helding requesting a contractor's license shall file with the Clerk Cfty Administrator pelieies- rp oof of public liability and property damage insurance showing the City of Mounds View as the certificate holder, which shall remain and be in force and effect during the entire term of said license or a renewal certificate shall be provided to the City at least ten (10) days before the expiration of the certificate on file with the City. The Certificate and eh shall contain a provision that tliey the insurance shall not be cancelled without ten (10) days' written notice to the City. Public liability insurance should not be less than one hundred thousand dollars ($100,000.00) for injuries, including accidental death to any one (1) person, in an amount of not less than three hundred thousand dollars ($300,000.00) on account of any one (1) accident, and property damage insurance in the amount of not less than fifty thousand dollars ($50,000.00). 12 Subd. 7. Expiration and Renewal: All licenses shall expire on December 31 following the date of issuance unless sooner revoked or forfeited. If a license granted hereunder is not renewed previous to its expiration, then all rights granted by such license shall cease, and any work performed after the expiration of the license shall be in violation of this Code. Persons renev�ing their- heenses after- the expifafien date sha4l be ehaf9ed a ffill ammW heense fee. Subd. 8. Revocation or Suspension: a. Authority of Council: The Council shall have the power to suspend or revoke the Qfty license of any person licensed under the regulations of this Code whose work is found to be improper or defective or so unsafe as to jeopardize life or property, providing the person holding such license is given twenty (20) days' notice and granted the opportunity to be heard before such action is taken. If and when such notice is sent to the address of the licensee as stated on the application and applicant fails or refuses to appear or respond at the said hearing, the license will be automatically suspended or revoked. five (5) days after- the duce of he b. Suspension: A City contractor's license suspension shall be not less than thirty (30) days nor more than one (1) year, such period being determined by the Council. c. Second Offense: When any person holding a City contractor's license as provided herein has been convicted for the second time by a court of competent jurisdiction for violation of any of the provisions of this Code, the Couneil Ci1y shall automatically revoke the license of the person so convicted. Such person may not make application to the City for a new license for a period of one (1) year. 1006.05: (Reserved) 1006.06: DEVELOPMENT CONTROLS: Subd. 1. Purpose: It is the intent and purpose of this Section to provide for orderly development of land to safeguard life, health, safety, property and public welfare by regulating and controlling all development within the City. This Section shall be in addition to the requirements of any other provisions of the Nepal Q1Y Code regulating such development. Subd. 2. Application of Development Controls: All new construction and expansions of existing construction shall be reviewed by the Planning and Zoning Commission and approved by the City Council as conforming to this Section, except as follows: a. Single or two (2)- family dwelling units; b. Accessory structures that meet the requirements of the applicable zoning district; c. Construction activity that increases the gross square footage of the principal building by less than ten percent (10 provided the area of expansion does not exceed ten thousand (10,000) square feet; 13 Subd. 3. Development Plan: a. The owner or developer shall submit for City review a development plan that shows proposed whieh se4s f mob, plans for utility service, surface water drainage consistent with the most recently adopted Local Surface Water Management Plan dated Februaty 1 2, 1990 subject to subsequent revisions, erosion and sediment control consistent with current City standards, th R a m sey C +y E ros i on a c a C,,,4 H an db oo k (1 989) p °a by the Ramsey GewAy Soil and Water Gensefvafion Distriet and subsequent r iefls tierete streets, driveways, trails, parking, landscaping, screening and buffering, lighting, setbacks, exterior construction design and materials, trash disposal, construction timetable and such other matters as the Council may require. b. The evinef or- plan an u Y isevi v via r iffvel r r Subd. 4. Development r�e� AVreement a. A development eepAr-ae whiel3 agreement that sets forth all of the terms, conditions, requirements, agreements, guarantees and plans for the orderly development of said land shall be entered into between the developer and the CiV before the final approval of any subdivision, or project that qualifies for a Development Review, as determined by subdivision 2 of this Section. This requirement may be waived by the City Council in the event no public improvements are planned or proposed. b. Before emeetAien of the development eentfac4, the owner- or- deNek)per- shall. submit assessmepAs due on the r r r E. b. Said development senlfae agreement shall include provisions for supervision of details of construction by the City and grant to the City authority to inspect all work performed pursuant to said contract to assure satisfactory performance and completion of the work. 1006.07: VIOLATION OF PROVISIONS: Any person violating the provisions of this Chapter or any owner or developer who fails to ^em's meet the terms or conditions of a development eentr-a agreement or resolution shall be guilty of a misdemeanor. SECTION 7. The Mounds View City Council hereby amends Title 1000, Chapter 1007 of the Mounds View City Code about Building Relocation by deleting the sen language and adding the underlined text as follows: 1 See Chapter 1302 of this Code for flood control regulations. 14 1007.01: MOVING BUILDINGS INTO CITY: Subd. 1. Applieafien for- 14eafing! Ainy pefsen seeking to leeate a building in the Mttnieipalit� whieh was pfeviously used er- E)eeupied outside of N4eunds View shall apply to the Clefk !Q Administfatof €af a heap te. (1999 Code -§45.0 1) Subd. 2. Contents ofnpplieation: The applieapA shall the f "e u. Leg eg l d ;,moti o f the land u pon „1,:,,1, the buildi i t b ,mil b. The natufe of the building to be moved, together-with a piettffe of the building-.. th fe l,. e ti site and the maili .,d fosses of eae l, p p f t., o d Z n pe s i g n ed o b Rt fi p .,t (75%) of th pef t., .,;thi throe htHidfed feet 1 4 5.02) days r-efer-fed to the Council whe shall set a time and plaee faf a publie heafing giving at least te with;,, th 1,,,,,.7fe feet /3991\ o f th .ol,,,, site (1944 4 5 Subd. 1. No person shall move a building into the City of Mounds View without first having_ obtained the necessary permits from the City. 1007.02: COMPLIANCE WITH BUILDING CODE PROVISIONS: All of the provisions of Chapters 1001 and 1006 of this Title will be applicable to Any the building to being moved into the City of Mounds View and the building shall e of rf, to the pfevisions of sa i 7 Subd. 1. Building Permit Required: Buildings larger than one hundred twenty (120) square feet must meet the provisions of the Minnesota State Building Code and the owner or agent shall obtain a building permit from the City Building Official. Subd. 2. Zoning Permit Required: Buildings one hundred twenty (120) square feet or less are exempt from the provisions of this Chapter but must meet the standards listed in Chapter 1006.01, Subd. 4. 1007.03: MOVING BUILDINGS THROUGH CITY: Subd. 1. Pen Requirements: a. Permit Required: No person shall move any building larger than one hundred twenty square (120) feet on, through or over any street, alley, sidewalk or other public place in the City without first having obtained a rim, ht- of -waX permit from the Building inspeetef Director of Public Works. 15 b. Application for Permit: Applications shall state thereon the proposed route and the number of days it is intended that the building shall occupy any portion of any street, alley, sidewalk or other public place. c. Permit Fees: Upon the approval of the intended route, a fee as determined by the City for each day or fraction thereof that it is intended that the building shall occupy any such portion of any such public place shall be paid and the permit issued. An additional payment as determined by the City for each day or fraction thereof over and above the time stated on the permit, during which any building shall occupy any such public place, shall be paid. d. Bend Requifements! Evefy pefsen applying f6f a pemiit under- this Seetion shall Sub with the applieafien a bend iii the stffn of fifty thettsand dellafs ($50,000.00), eandifiefled 0 applieunVs eemplianee with all provisions of tWs Sect ion,, and agreeing to pay and hold the City hai:fnless ffeffi any a nd expense w hi e h may b ma aga an t he said bttil e-atedatthe new site. Fa�ltire to shall f gee ��reit the band Subd. 2. Procedures for Moving Buildings: a. Lights and Warning Devices: (1) Whenever a street or alley is blocked by a house or structure which is being moved, warnings to that effect shall be placed by the Department of Public Works so as to warn vehicles and persons from entering that portion of the street which is so blocked. (2) The person moving any building through the streets shall keep warning signs and lanterns or lights at night on the building so as to guard against any person or vehicle from colliding with it. b. Utility Wires or Cables: Whenever it shall be necessary to interfere with wires or cables of a public utility in moving a building, the terms of any special or franchise ordinance governing shall apply and the bond therein specified shall be given. e. Fire Alafm Alir-es: When any stteh moving building shall appreaeh fife al pole whieh shall be endangefed by the r-etneval of stieh building, it shall be the duty of the inever to netify the Chief of the Fife Depaftment at least six (6) hatirs before r-eaehing—jueh wir-e or- pole so that they may be femoved or- eafed f6f by the authefifies ef the City. (I GE)de) �07.04 FEES �EXPENSES rr add rr6— all fees provided Y'tly this Code, -zn� appheant shall pay all-expenses of inspeetion etAside of Mounds View, ineluding thilzty eet#s (w0• 30) u uuav .va i.uavugv and uui t uviiuisTy t SECTION The Mounds View City Council hereby amends Title 1000, Chapter 1009 of the Mounds View City Code about Swimming Pools by deleting the stF+eken language and adding the underlined text as follows: 16 1009.01: DEFINITION: A "swimming pool" is any structure, basin, chamber or tank containing an artificial body of water for swimming, diving or recreational bathing, more than one hundred fifty (150) square feet in area and/or over twenty four inches (24 in depth, built of any material and located above or below ground. 1009.02: PLAN REVIEW; PERMIT; FEE: Subd. 1. Plan Review: No person shall begin construction of either an indoor or outdoor swimming pool without first having submitted plans and specifications to the Building inspeee Official for review and approval. Subd. 2. Issuance of Permit; Fee: Upon approval, a permit shall be issued to the applicant upon payment of the required permit fee as established by resolution of the City Council. 1009.03: LOCATION OF POOL: Subd. 1. Compliance with Zoning Provisions; Nuisance Prohibited: Any outdoor swimming pool, its fencing or barriers, its pumps, filters, heating units or any other noise making mechanical equipment, as well as the use of said pool, shall be solely located in the backyard of an authorized premises not less than ten (10) feet from any property line and not less than three (3) feet from any other building or structure. Pools and associated mechanical equipment shall be maintained so as not to constitute an unattractive, public or private nuisance'. Swimming pools shall be located on property in a manner so as to comply with all applicable provisions of Title 1100 of this Code. Subd. 2. Utility Easements: Pools shall not be located within any utility easement or be over or under any utility lines. 1009.04: FENCING REQUIRED': Subd. 1. All outdoor swimming pools shall be made inaccessible when not in use by a non_ climbable type of fence, wall or barrier. All openings or points of entry into the pool area enclosure shall be equipped with locking gates. The fence and gates shall be at least four (4) feet in height and shall be constructed of a material approved by the building official. All fence posts shall be decay resistant or corrosion resistant and shall be set in concrete bases or other suitable protection. The opening between the bottom of the fence and the ground or other surface shall not be more than two (2) inches. Subd. 2. All gates shall be equipped with self closing hinges and a self latching device. Where the release mechanism of the self latching device is located less than fifty -four (54) inches from the bottom of the gate, the release mechanism shall be located on the pool side of the gate at least three (3) inches below the top of the gate. See Chapter 607 of this Code for nuisance provisions. 2 See Section 1103.08 of this Code for fence regulations. 17 Subd. 3. All gates shall be equipped with a lock which will render the gate inaccessible when the pool is not in use. Ladders and steps shall be capable of being secured, locked or removed to prevent access. Ladders and steps which are non removable or non folding shall be surrounded by a barrier as stated in subdivision 1. All locks shall be of the type that WW cannot be opened without the use of a key or numerical combination. Subd. 4. No person owning or operating an outdoor swimming pool shall use, operate, or allow the use of such swimming pool unless such pool complies with the above provisions. The required safety fencing shall be completely installed with installation of the pool. 1009.05: GENERAL RESTRICTIONS: Subd. 1. Pool Lighting: All pool lighting shall be directed toward the pool. Subd. 2. Use of Muiiieipal City Sanitary Sewer Pool water drained through the Munieipal City's sanitary sewer system must be obtained from a metered source within Mounds View Drainage of pools into public facilities other than the Mural Q) sanitary sewer system shall require the approval of the Director of Public Works Subd. 3. All electrical applications shall meet the requirements of Chapter 1003 of this Code and those in the Minnesota State Electrical Code. 1009.06: COMPLIANCE WITH PROVISIONS: All persons owning or operating an outdoor swimming pool shall comply with this Chapter within ninety (90) days from the effective date hereof. 1009.07: VIOLATION OF PROVISIONS: Any person violating this Chapter shall be guilty of a misdemeanor. 1 See Chapter 907 of this Code for sewer regulations. 2 See Section 906.04 of this Code for water meter requirements. 18 SECTION 9. In accordance with Section 3.07 of the City Charter, the following summary shall be printed in the official City newspaper in lieu of the complete ordinance: On January 24, 2011, the City Council adopted Ordinance 853 that made several changes to Title 1000 of the Mounds View City Code about Building and Development Regulations. The changes include language to clarify what types of work or improvements require a building permit or a zoning permit, clarify penalty provisions and provide updates to State statutes and codes including the electrical and plumbing codes. A printed copy of the ordinance is available for inspection during regular business hours at the Mounds View City Hall and is available online at www.ci.mounds view.mn.us SECTION 10. This ordinance takes effect and be in force 30 days after its publication in the official City newspaper in accordance with Section 3.09 of the City Charter.. INTRODUCTION AND FIRST READING by the Mounds View City Council this 10th day of January, 2011. SECOND READING AND ADOPTION by the Mounds View City Council this 24 day of January, 2011. PUBLICATION DATE: February 3, 2011 J ert ATTEST James Ericson, City Administrator (SEAL) 19