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ORDINANCE 95-296 <br /> AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE <br /> ENTITLED "ZONING" BY ESTABLISHING BUILDING SETBACK <br /> REQUIREMENTS FROM CERTAIN PIPELINES <br /> WHEREAS, transportation of hazardous liquids through certain pipelines <br /> may pose a threat to human health and safety through the potential of <br /> fire, explosion , or release of toxic materials into the environment, and <br /> 1 <br /> WHEREAS, such pipelines are necessary for the maintenance of the <br /> community ' s economy , as well as the provision of resources and materials <br /> for residential , commercial , and industrial use, and <br /> WHEREAS, it is the City ' s intent to regulate construction near certain <br /> pipelines to create a buffer area limiting the potential for damage to <br /> human health, safety , and property , and <br /> WHEREAS, Minnesota Statutes, Section 299,7 .05 provides authority to, <br /> and places responsibility on , cities to adopt regulations and place <br /> controls on construction near certain pipelines; <br /> NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUGO, <br /> WASHINGTON COUNTY, MINNESOTA: <br /> 1 . Chapter 320-3, Subd . B, DEFINITIgNS is hereby amended to include the <br /> following paragraphs: <br /> (34) . Substantial Pipeline means: <br /> 1 . A pipe with a nominal diameter of six inches or more, that is <br /> used to transport hazardous liquids, but does not include pipe <br /> used to transport a hazardous liquid by gravity , and pipe used <br /> to transport or store a hazardous liquid within a refining , <br /> storage, or manufacturing facility ; or <br /> 2. Pipe operated at a pressure of more than 275 pounds per square <br /> inch that carries gas; or <br /> 3. Pipe as defined in Minnesota Statutes, Section 2995.02, Subd . <br /> 11 . <br /> (35) . Place of Publicmeans a site that is occupied by 20 <br /> or more persons on at least five days a week for ten weeks in <br /> any 12-month period . The days and weeks need not be <br /> consecutive. <br /> 2. Chapter 320-5, is hereby amended to add Subd . S as follows: <br /> Subd . S. No building or place of public assembly shall be constructed or <br /> altered to be nearer to a substantial pipeline than the boundary <br /> of the pipeline easement, as legally established at the time of <br /> issuance of any building permit or the commencement of any <br /> construction . For the purposes of this subdivision , "building" <br /> shall include decks, overhangs, porches, or similar structures, <br /> but shall not include appurtenances required to operate or <br /> maintain pipeline systems. <br />