Ordinances 2008_12_17 Combined by chenmeixiu

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									                                    Table of Contents
Annexations                                              12
Franchise Agreements                                     16
Interlocal Agreements                                    18
Real Estate Transactions & City Property                 20
Repairs and Improvements                                 24
Street Name Changes                                      26
Street Vacations                                         28
Zoning Changes                                           32
General Provisions Ch 10                                 36
Emergency Management Ch 30                               44
Police Department 31.02                                  50
Fire Department 31.03                                    51
Street Department                                        51
Public Works Department                                  52
Health Care Board                                        53
Library Board                                            57
Golf Board                                               57
Public Utility Committee                                 57
Street Committee                                         59
Civil Service Commission                                 59
Senior Citizens Board                                    62
Park and Recreation Board 31.13                          62
Planning Commission                                      65
Airport Board                                            65
Ambulance Board                                          66
Telecommunications Board                                 66
City Council                                             67
Finances                                                 69
Purchases and Contracts                                  70
City Policies                                            72
Sale of Real Estate                                      72
Vacation of Streets                                      72
Traffic Code                                             77
All-Terrain Vehicles                                     80
Parking Rules                                            82
Truck Zones; Loading Zones                               86
Winter Restrictions                                      86
Bicycles                                                 88
Golf Carts                                               88
Off-Highway Motorcycles                                  91
Snowmobiles                                              94
Snowmobile Designated Routes                             95
Traffic Schedules                                        98
Abandoned Property                                      124
Animals                                    132
Fair Housing                               144
Fire Prevention                            148
Nuisances                                  150
Nuisances Assessable Current Services      150
Nuisances Tree Diseases                    152
Weeds                                      158
Open Burning                               160
Streets and Sidewalks                      164
Right of Way Excavation Permit             167
Right of Way Obstruction Permit            167
Right of Way Permit Extensions             167
Right of Way Permit Applications 95.23     167
Trees and Shrubbery                        175
Business Regulations XI                    179
Peddlers and Solicitors                    181
Sexually Oriented Businesses               183
Cable TV                                   205
Alcoholic Beverages                        207
Amusements                                 217
Lodging Tax                                223
Misc Business Regulations                  225
Sale and Display of Lawn Fertilizer        225
General Offences                           228
Curfew                                     228
Disturbing the Peace; Disorderly Conduct   230
Littering                                  230
Discharging Firearms                       230
Vagrancy                                   231
Land Usage XV                              232
Zoning                                     234
Definitions Zoning                         239
Annexations and Detachments                251
Zoning District Boundaries                 251
A-O Agriculture Open Space 150.021         252
Minimum Lot Size A-O Ag                    253
Setbacks A-O Ag                            253
Maximum Building Heights A-O Ag            254
R-1 Low Density Residential 150.022        254
Minimum Lot Size R-1                       255
Setbacks R-1                               256
Maximum Building Heights R-1               256
R-2 Medium Density                         256
Minimum Lot Size R-2                       258
Setbacks R-2                               259
Maximum Building Height R-2                260
R-3 Manufactured Home Park                 260
B-1 Central Business                       263
Minimum Lot Size                                       266
B-2 General Business                                   266
Minimum Lot Size B-2                                   270
Setbacks B-2                                           270
Maximum Building Heights B-2                           270
Minimum Lot Size B-2                                   273
Setbacks B-2                                           273
Maximum Building Heights B02                           274
I-1 Limited Industrial                                 274
Minimum Lot Size I-1                                   276
Setbacks I-1                                           276
Performance standards, intent, noise etc.              277
I-2 General Industrial                                 278
Minimum Lot Size I-2                                   280
Setbacks I-2                                           281
Performance Standards I-2                              281
PUD Planned Unit Development 150.030                   283
General Regulations - Purpose 150.045                  288
Dwelling Units; Buildings 150.046                      288
Land Reclamation                                       289
Fencing, Screening and Landscaping                     289
Nuisances and Blight; Vision Obstructions 150.050      290
Junk Yards                                             290
Lighting                                               290
Public Water Alterations                               291
Design Standards                                       291
Yard, Area and Building Size Regulations               291
Reduction Requirements                                 291
Yard Requirements                                      291
Lot Area Requirements                                  292
Building Size and Architectural Requirements           292
Accessory STructures, Uses and Equipment               294
Off-Street Parking and Loading                         296
Commercial Vehicles and Equipment                      299
Parking and Storage of Certain Vehicles                299
Stall, Aisle and Driveway Design                       299
Nonconforming Uses and Structures                      301
Continuance and Maintenance                            301
Administration and Enforcement, Zoning Administrator   303
Building Permits                                       305
Fees                                                   305
Amendments; Conditional Use Permits                    306
Variances and Appeals                                  310
Environmental Review Program                           313
Heritage Preservation Commission                       314
Designation of Heritage Preservation Sites             316
Additional Powers and Duties of the HPC                320
Review of Permits HPC                                  322
Emergency Repair HPC                                         326
Appeal to the City Council                                   326
Repository for Documents HPC City Clerk                      328
Recording of Heritage Preservation Sites                     328
Penalty HPC                                                  328
Appendix A: Parking Area Standards                           331
Appendix B: Parking and Loading Spaces                       333
Signs Chapter 151                                            337
Permitted Nonlicesnsed Signs                                 344
Prohibited Signs                                             346
Location and Height Requirements                             348
Projecting Signs                                             348
Temporary Signs                                              348
Billboards and Banners                                       348
Permitted Licensed Signs                                     349
Administration; Review Signs                                 350
Shoreland Ordinance                                          351
General Regulations - Lot Area and Width Standards 152.035   363
Placement, Design and Height Standards                       365
Shoreland Alterations                                        368
Roads, Driveways and Parking Standards                       370
Stormwater Management                                        371
Commercial, Industrial and Public Uses Shoreland             371
Agricultural Uses Shoreland                                  372
Water Supply and Sewage Treatment Shoreland                  373
Nonconforming Uses Shoreland                                 374
Construction on Nonconforming Lots of Record Shoreland       374
Additions and Expansions Shoreland Nonconforming             375
Sewage Treatment Systems not meeting requirements            375
Subdivision and Platting Provisions                          375
Information Requirements 152.077                             376
Dedications                                                  377
Platting                                                     377
Controlled Access on Recreational Lots                       377
Planned Unit Developments                                    377
Application Procedure PUD                                    377
Site Evaluation                                              378
Density Evaluation PUD                                       378
Maintenance and Design Criteria PUD Shoreland                381
Conversions 152.101 Shoreland                                384
Administration and Enforcement                               384
Permits; Applications and Fees                               385
Certificate of Zoning Compliance                             385
Amendments                                                   386
Conditional Uses 152.119                                     387
Violations                                                   388
Notifications                                                388
Flood Hazard Prevention Chapter 153                          389
General Provisions                                    392
Floodway District (FW) Permitted Uses 153.030         400
Administration and Enforcement                        417
Airport Hazard Areas                                  430
Zones and Map Airport                                 432
Height Limitations                                    433
Land Use Restrictions                                 433
Administration and Enforcement                        434
Zoning Administration                                 435
Building Regulations                                  438
State Building Code Adopted                           438
Subdivisions Chapter 156                              440
Platting Procedures - Preliminiary Subdivision Plat   442
Final Plat                                            445
Minimum Design Standards                              447
Streets                                               448
Alleys                                                449
Intersections, Easements, Crosswalks, Lots            450
                                ORTONVILLE, MINNESOTA
                                 CODE OF ORDINANCES
                                  TABLE OF CONTENTS


           Chapter

                             TITLE I: GENERAL PROVISIONS

                     10. General Provisions


                               TITLE III: ADMINISTRATION

                     30.   Emergency Management
                     31.   Administrative Code
                     32.   City Council
                     33    Finances
                     34.   City Policies


                                 TITLE V: PUBLIC WORKS

                     50.   Garbage and Rubbish
                     51.   Electricity and Power
                     52.   General Water and Sewer Provisions
                     53.   Water
                     54.   Sewers


                                TITLE VII: TRAFFIC CODE

                     70.   General Provisions
                     71.   Traffic Regulations
                     72.   Parking Rules
                     73.   Bicycles and Recreational Vehicles
                     74.   Snowmobiles
                     75.   Traffic Schedules
                     76.   Parking Schedules




2008 S-5                                       1
2                     Ortonville - Table of Contents


                 TITLE IX: GENERAL REGULATIONS

           90.   Abandoned Property
           91.   Animals
           92.   Fair Housing
           93.   Fire Prevention
           94.   Nuisances
           95.   Streets and Sidewalks
           96.   Trees and Shrubbery


                 TITLE XI: BUSINESS REGULATIONS

           110. Peddlers and Solicitors
           111. Sexually Oriented Business
           112. Cable Television
           113. Alcoholic Beverages
           114. Amusements
           115. Lodging Tax
           116. Miscellaneous Business Regulations


                  TITLE XIII: GENERAL OFFENSES

           130. General Offenses


                       TITLE XV: LAND USAGE

           150. Zoning
                Appendix A: Parking Area Standards
                Appendix B: Parking and Loading Spaces
           151. Signs
           152. Shoreland Management
           153. Flood Hazard Prevention
           154. Airport Hazard Areas
           155. Building Regulations
           156. Subdivisions




2002 S-1
                        Table of Contents                3


              TABLE OF SPECIAL ORDINANCES

Table

        I. Annexations
        II. Franchise Agreements
        III. Interlocal Agreements
        IV. Real Estate Transactions and City Property
        V. Repairs and Maintenance
        VI. Street Name Changes
        VII. Street Vacations
        VIII.     Zoning Changes


                   PARALLEL REFERENCES

                  References to Minnesota Statutes
                     References to Resolutions
                     References to Ordinances


                              INDEX
4   Ortonville - Table of Contents
        TABLE OF SPECIAL ORDINANCES

Table

          I.   ANNEXATIONS

          II. FRANCHISE AGREEMENTS

          III. INTERLOCAL AGREEMENTS

          IV. REAL ESTATE TRANSACTIONS AND CITY PROPERTY

          V. REPAIRS AND IMPROVEMENTS

          VI. STREET NAME CHANGES

          VII. STREET VACATIONS

          VIII.   ZONING CHANGES




                      1
2   Ortonville - Table of Special Ordinances
Ord. No.   Date Passed                  Description

161        1-2-1940                Annexing all of Government Lots 1, 2 and 3
                   TABLE I: ANNEXATIONS
                                   and southeast quarter of the northeast quarter

164        6-1-1942                     Annexing the south ten acres of the southeast
                                        quarter of the southeast quarter of Section 32,
                                        Township 122, Range 46

173        12-3-1945                    Annexing the part of the southeast quarter of
                                        the southeast quarter of Section 4, Township
                                        121, Range 46

220        10-20-1952                   Annexing a tract of land beginning at a point
                                        33 feet east of the southwest corner of the
                                        northwest

226        8-16-1954                    Annexing Outlot 1, Government Lot 4, Section
                                        32, Township 122, Range 46

234        8-20-1956                    Annexing Sublot 1, part of Outlot 27 and the
                                        southwest quarter of the northeast quarter of
                                        Section 9, Township 121 North, Range 46
                                        West

252        1-9-1961                     Annexing a tract of land beginning at the
                                        southeast corner of Section 9

257        11-20-1961                   Annexing a tract of land in the east half of the
                                        southeast quarter of Section 9, Township 121
                                        North, Range 46 West




                               3
4                Ortonville - Table of Special Ordinances


    Ord. No.   Date Passed                   Description

    270        5-20-1963                     Annexing Lots A and B of the northwest
                                             quarter of the southwest quarter of Section 4,
                                             Township 121 North, Range 46 West

    322        4-7-1969                      Annexing the southerly 300 feet of the east half
                                             of the southeast quarter of Section 9, Township
                                             121 North, Range 46 West

    323        5-5-1969                      Annexing the south 62 feet of Outlot 1 of
                                             Government Lot 4, Section 5, Township 121,
                                             Range 46

    333        11-17-1969                    Annexing Outlot 2 of Government Lot 4 in
                                             Section 5, Township 121 North, Range 46
                                             West

    334        11-17-1969                    Annexing Outlot 3 of Government Lot 4 in
                                             Section 5, Township 121 North, Range 46
                                             West

    349        9-7-1971                      Annexing Outlot 4 of the northeast quarter of
                                             the northeast quarter of Section 9, Township
                                             121 North, Range 46 West

    354        6-5-1972                      Annexing the southwest quarter of Section 10,
                                             Township 121 North, Range 46 West

    359        10-2-1972                     Annexing a tract of land beginning at the
                                             northwest corner of Section 10, Township 121
                                             North, Range 46 West

    384        2-18-1975                     Annexing a tract of land beginning the
                                             southeast corner of Lot 5 of Block 1, Olsen’s
                                             Addition

    385        3-3-1975                      Annexing the north 25 feet of Lot 10 and all of
                                             Lot 11, Highland Highway Homes
                         Annexations                                                    5


Ord. No.   Date Passed                 Description

387        4-21-1975                   Annexing Lot C of the northwest quarter,
                                       Section 4, Township 121 North, Range 46
                                       West

390        10-6-1977                   Annexing Lots D and G of the northwest
                                       quarter, Section 4, Township 121 North, Range
                                       46 West

398        2-7-1977                    Annexing Lot E of the northwest quarter of the
                                       southwest quarter of Section 4, Township 121
                                       North, Range 46 West

405        8-15-1977                   Annexing lot D of the northwest quarter of the
                                       southwest quarter of Section 4, Township 121
                                       North, Range 46 West

409        6-5-1978                    Annexing Lot F of the northwest quarter of the
                                       southwest quarter of Section 4, Township 121
                                       North, Range 46 West

410        6-5-1978                    Annexing the east 25 feet of Outlot 114 and
                                       Outlot 125 in Section 15, Township 121 North,
                                       Range 46 West

412        9-18-1978                   Annexing the north 50 feet of Lot 6 and the
                                       south 75 feet of Lot 7, Highland Highway
                                       Homes

413        10-23-1978                  Annexing the south 35 feet of Lot 2 and the
                                       north 25 feet of Lot 1, Highland Highway
                                       Homes

423        3-19-1979                   Annexing certain lands

424        4-2-1979                    Annexing Government Lot 4, Section 5,
                                       Township 121 North, Range 46 West, and
                                       Outlot 1, except the south 62 feet
6                   Ortonville - Table of Special Ordinances


       Ord. No.   Date Passed                   Description

       426        6-18-1979                     Annexing certain lands

       429        7-2-1979                      Annexing a part of the northeast quarter of the
                                                southeast quarter of Section 9, Township 121
                                                North, Range 46 West

       435        2-4-1980                      Annexing Lot A of the northeast quarter of the
                                                southwest quarter of Section 4, Township 121,
                                                Range 46 and the unplatted portion of the north
                                                half of the southwest quarter of Section 4,
                                                Township 121 North, Range 46 West

       95-590     5-1-1995                      Annexing part of Government Lot 3 and the
                                                southeast quarter of the northwest quarter lying
                                                easterly of the abandoned Chicago, Milwaukee,
                                                St. Paul and Pacific Railroad right-of-way

       95-597     7-3-1995                      Annexing certain property owned by Vincent
                                                and Marguerite Stenger

       2007-05    9-17-2007                     Annexing the northeast quarter of the northeast
                                                quarter, excepting therefrom Outlots 1, 2, 3 and
                                                4 of the northeast quarter of the northeast
                                                quarter, and excepting Outlot 53 of the city, of
                                                Section 9, Township 121 North, Range 46
                                                West of the Fifth P.M., Big Stone County,
                                                Minnesota, subject to highway right-of-way,
                                                containing approximately 29.45 acres, more or
                                                less




2008 S-5
Ord. No.   Date Passed                  Description

93          TABLE                   Authorizing building and construction of oil
           8-6-1906 II: FRANCHISE AGREEMENTS
                                    warehouses to Standard Oil

251        9-19-1960                    Granting a gas distribution franchise to United
                                        Petroleum Gas Company

259        2-5-1962                     Granting a two-year limited gas distribution
                                        franchise to Henningson, Durham and
                                        Richardson, Inc.

284        3-7-1966                     Granting a two-year limited construction gas
                                        distribution franchise to Great Plains Natural
                                        Gas Company

290        12-19-1966                   Granting a two-year cable television franchise
                                        to J. Edmund Kiernat

317        12-2-1968                    Granting a 20-year cable television franchise to
                                        J. Edmund Kiernat

399        3-21-1977                    Amendment; granting a 20-year cable
                                        television franchise to Community Cable
                                        Company

482        3-5-1984                     Granting a gas distribution franchise to R.H.
                                        Alexander and Eugene Daggett

490        5-6-1985                     Granting a cable television franchise to Cable
                                        Communications Equities, Inc.




                               7
8                   Ortonville - Table of Special Ordinances


       Ord. No.   Date Passed                   Description

       532        4-22-1991                     Granting a gas distribution franchise to Peoples
                                                Natural Gas Company

       00-04      5-15-2000                     Extending the expiration date of the cable
                                                television franchise agreement with
                                                Midcontinent Communications

       00-09      11-6-2000                     Extending the expiration date of the cable
                                                television franchise agreement with
                                                Midcontinent Communications

       01-05      9-17-2001                     Granting a Cable Communications System
                                                franchise to Midcontinent Communications

       02-02      6-3-2002                   Extending the expiration date of the cable
                                             television franchise agreement with
                    Midcontinent Communications.




2002 S-1
           TABLE III: INTERLOCAL AGREEMENTS


Ord. No.   Date Passed          Description

337        12-15-1969           Authorizing the entering into an agreement
                                with the Missouri Basin Power Agency to
                                become a member thereof




                          9
10   Ortonville - Table of Special Ordinances
Ord. No.           Date Passed               Description

183               2-16-1948            Purchase CITY PROPERTY
       TABLE IV: REAL ESTATE TRANSACTIONS AND of operating room sterilizer for
                                       hospital

193                10-18-1948                Sale of a tract of land located in Outlot 22,
                                             Section 9, Township 121, Range 46 West

196                1-17-1949                 Sale of a tract of land being part of
                                             Government Lot 3, Section 9, Township 121
                                             North, Range 46 West

198                2-14-1949                 Sale of a tract of land being part of
                                             Government Lot 3, Section 9, Township 121
                                             North, Range West

201                7-5-1949                  Sale of a tract of land located in Lot 10, Block
                                             2, Scholberg’s Addition

205                10-17-1949                Sale of a tract of land located in the southeast
                                             quarter of the southwest quarter of Section 9,
                                             Township 121 North, Range 46 West

211                6-18-1951                 Sale of a tract of land

221                3-16-1953                 Purchase of a police car

224                5-3-1954                  Amendment; sale of a tract of land

227                9-7-1954                  Sale of a tract of land located in Lots 8 and 9,
                                             Block 2, Scholberg’s Addition


                                     11
12                Ortonville - Table of Special Ordinances


     Ord. No.   Date Passed                   Description

     239        10-21-1957                    Sale of a tract of land located in Lots 18
                                              through 21, Block 1, Scholberg’s Addition

     241        6-16-1958                     Sale of Outlot 105, Section 16, Township 121
                                              North, Range 46 West

     242        11-24-1958                    Purchase of a post-hole digger

     244        2-16-1959                     Amendment; sale of a tract of land

     255        7-17-1961                     Sale of the westerly ten feet of Lot 6, Block 1,
                                              Second Addition

     276        6-7-1965                      Purchase of land for a dump site

     292        5-1-1967                      Replacement of hospital dishwasher

     293        5-1-1967                      Replacement of hospital water tank and air
                                              conditioning equipment

     305        8-5-1968                      Selling a tract of land

     321        3-3-1969                      Purchase of a snow loader blower

     347        5-3-1971                      Purchase of a mechanical seal replacement

     361        10-16-1972                    Sale of Lot A, Block 2, Hospital Addition

     362        11-20-1972                    Sale of Lot 9, Block 19, Original City Plat

     369        10-1-1973                     Sale of Lot 9, Outlot 121, Auditors Plat

     370        10-1-1973                     Sale of Lot 11, Outlot 121, Auditors Plat

     376        1-21-1974                     Sale of Lot 7, Outlot 121, Auditors Plat

     377        2-12-1974                     Purchase of new fire truck chassis
           Real Estate Transactions and City Property                                   13


Ord. No.   Date Passed                 Description

392        12-19-1975                  Sale of Lot 10, Oulot 121, Auditors Plat

406        9-19-1977                   Transfer of a tract of land

434        1-21-1980                   Sale of land to Morris Rod-Weeder Co., Ltd.

443        1-23-1981                   Purchase of portable x-ray machine

451        6-1-1981                    Sale of Block 3, except Lots 8 through 10,
                                       Second Addition

496        11-7-1985                   Leasing of irrigation equipment

501        7-7-1986                    Sale of Lots 2, 3, 4, 5, 6 and 8, Outlot 121,
                                       Auditors Plat

503        11-17-1986                  Purchase of a mechanical seal replacement
                                       center column for raw sewage disposal
                                       pumping station

506        6-1-1987                    Purchase of a new raw sewage pump

543        7-20-1992                   Sale of unclaimed property

97-03      5-5-1997                    Sale of lands to MinnWest Bank

97-04      5-19-1997                   Sale of a tract of land

99-07      11-15-1999                  Sale of Lots 13 and 14, Block 16, original town
                                       site

00-01      2-22-2000                   Sale of Lots 2, Outlot 130, City of Ortonville

00-02      2-22-2000                   Sale of Lots 2, Outlot 130, City of Ortonville

00-03      2-22-2000                   Conveyance of Lots 13 to 24, Block 19,
                                       Original Plat to the City of Ortonville
14                  Ortonville - Table of Special Ordinances


       Ord. No.   Date Passed                   Description

       02-06      12-2-2002                     Sale of Lot 1, Block 9, Orton’s First Addition

       02-07      12-16-2002                    Sale of Lot 7, Block 2, Crestview Addition

       03-03      7-21-2003                     Conveyance of Block 9, Lots 2, 4, 6, 7, 8, 9,
                                                10, 11, 12, and 13 to the Minnesota
                                                Department of Transportation

       04-07      10-18-04                      Sale of Lot 1 (Ex. SE 60'), Block 14, First
                                                Addition to the city

       2007-03    7-2-2007                      Conveyance of Auditors Outlot 116,
                                                Government Lot 3, Section 9, Township 121
                                                North, Range 46 West to the County of Big
                                                Stone

       07-07      11-19-2007                    Sale of Lots 1, 2, 3, 4, and 5 of Course-Air
                                                Fourth Addition, and Lot 16 of Course-Air
                                                First Addition, City of Ortonville




2008 S-5
Ord. No.    Date Passed              Description

217         9-2-1952              Entering a contract
           TABLE V: REPAIRS AND IMPROVEMENTS for repair of city water tank

232         3-8-1956                 Repairing and acid treating Well No. 3

238         9-3-1957                 Repair of damages to the electric distribution
                                     system

264         9-6-1962                 Repair and replacement of sewer pipe

268         3-18-1963                Repairing and acid treating Well No. 4

269         3-18-1963                Repairing and acid treating Well No. 5

277         6-10-1965                Repair of trunk line sewer

279         11-1-1965                Repair of water distribution system

295         8-21-1967                Development and repair of well system

299         12-18-1967               Transfer and overhauling of Water and Light
                                     Department equipment

309         9-16-1968                Development and repair of well system

329         10-28-1969               Installation of Culvert West of Milwaukee
                                     Tracks on Stephens Avenue

344         8-31-1970                Repairing the digester at the waste treatment
                                     plant


                             15
16                Ortonville - Table of Special Ordinances


     Ord. No.   Date Passed                   Description

     348        6-21-1971                     Repairing and acid treating Well No. 3A

     353        4-3-1972                      Repairing screen and casing for Well No. 4

     368        8-6-1973                      Repairing and acid treating Well No. 3A

     372        11-5-1973                     Construction of additional sewer line on Pacific
                                              Avenue

     374        11-30-1973                    Construction and installation of water main on
                                              the Peninsula

     379        6-3-1974                      Installation and construction from the new well
                                              sites to the existing main

     380        8-23-1974                     Replacement of water main from Highway No.
                                              7 northwest

     388        6-16-1975                     Reconditioning of water filtration plant

     393        4-2-1976                      Repair of elevated water tank

     414        11-20-1978                    Repair of elevated water tank

     540        1-28-1992                     Repair of leaks in Northridge roof
Ord. No.   Date Passed               Description

485         TABLE                  Changing the
           6-4-1984 VI: STREET NAME CHANGES name of Sixth Street to Trojan
                                   Drive

500        7-7-1986                  Changing a previously unnamed street to
                                     Evergreen Lane




                             17
18   Ortonville - Table of Special Ordinances
       Ord. No.   Date Passed                Description

       206           TABLE                Vacation of
                  1-16-1950 VII: STREET VACATIONS portions of Third Street and Park
                                          Avenue

       261        5-7-1962                   Vacation of part of First Street

       278        9-7-1965                   Vacation of portion of Minnesota Avenue

       310        9-16-1968                  Vacation of Brown Avenue

       312        10-7-1968                  Vacation of alley

       327        10-20-1969                 Vacation of all of Linn Street and part of
                                             McCall Avenue

       331        9-22-1969                  Vacation of parts of Trushel Avenue, Conley
                                             Avenue, Summit Court, Glen Court Avenue
                                             and certain alleys

       340        1-12-1970                  Vacation of alley

       358        10-2-1972                  Vacation of alley

       365        4-2-1973                   Vacation of portions of Atlantic Street

       394        6-21-1976                  Vacation of portions of Lincoln Avenue

       403        6-20-1977                  Vacation of portions of Lake Street




2004 S-2                            19
20                Ortonville - Table of Special Ordinances


     Ord. No.   Date Passed                   Description

     411        9-5-1978                      Vacation of portions of Park Avenue

     432        12-17-1979                    Vacation of portions of Pine Avenue and Paul
                                              Bunyan Street

     437        4-21-1980                     Vacation of alley

     446        4-13-1981                     Vacation of alley

     450        6-1-1981                      Vacation of portions of Greenwood Avenue

     452        7-20-1981                     Vacation of alley

     461        9-20-1982                     Vacation of portions of Atlantic Avenue

     462        10-18-1982                    Vacation of alley

     475        12-5-1983                     Vacation of portions of Brown Avenue

     513        7-18-1988                     Vacation of Bay Avenue

     523        12-4-1989                     Vacation of alley

     524        12-18-1989                    Vacation of portions of Eastern Avenue

     527        8-20-1990                     Vacation of alley

     529        11-19-1990                    Vacation of portions of Park Avenue

     538        10-7-1991                     Vacation of portions of Lake Avenue

     547        1-20-1993                     Vacation of alley

     550        3-15-1993                     Vacation of alley

     570        1-18-1994                     Vacation of portions of Minnesota Street South
                                Street Vacations                                                  21


       Ord. No.   Date Passed                      Description

       95-599     8-21-1995                        Vacation of alley

       96-604     11-18-1996                       Vacation of alleys, portions of First Street and
                                                   portions of Eastern Avenue

       97-01      4-7-1997                         Vacation of portions of Seventh Street

       97-06      11-3-1997                        Vacation of alley

       99-01      3-15-1999                        Vacation of portions of Flora Street

       99-04      10-18-1999                       Vacation of portions of Jones Avenue

       99-05      10-18-1999                       Vacation of portions of McCall Avenue

       03-08      10-20-2003                       Vacation of portions of Union Street




2004 S-2
22   Ortonville - Table of Special Ordinances
Ord. No.   Date Passed               Description

95-594         TABLE VIII: ZONING CHANGEScertain property from R1 to R2
           6-5-1995                Rezoning




                             23
24   Ortonville - Table of Special Ordinances
      TITLE I: GENERAL PROVISIONS

Chapter

          10. GENERAL PROVISIONS




                    1
2   Ortonville - General Provisions
Section

    10.01     Title of code                         titles, chapters and
                                   CHAPTER 10: GENERAL PROVISIONS sections, shall be known and
    10.02     Rules of interpretation               designated as the “Ortonville City Code,” for which
    10.03     Application to future ordinances      designation “code of ordinances,” “codified
    10.04     Captions                              ordinances” or “code” may be substituted. Code title,
    10.05     Definitions                           chapter and section headings do not constitute any
    10.06     Severability                          part of the law as contained in the code.
    10.07     Reference to other sections
    10.08     Reference to offices                        (B) All references to codes, titles, chapters and
    10.09     Errors and omissions                  sections are to the components of the code unless
    10.10     Official time                         otherwise specified. Any component code may be
    10.11     Reasonable time                       referred to and cited by its name, such as the “Traffic
    10.12     Ordinances repealed                   Code.” Sections may be referred to and cited by the
    10.13     Ordinances unaffected                 designation “§” followed by the number, such as “§
    10.14     Effective date of ordinances          10.01.” Headings and captions used in this code
    10.15     Repeal or modification of ordinance   other than the title, chapter and section numbers are
    10.16     Ordinances which amend or             employed for reference purposes only and shall not
              supplement code                       be deemed a part of the text of any section.
    10.17     Preservation of penalties, offenses,
              rights and liabilities
    10.18     Copies of code                        § 10.02 RULES OF INTERPRETATION.
    10.19     Adoption of statutes and rules by
              reference                                   (A) Generally.      Unless otherwise provided
                                                    herein, or by law or implication required, the same
    10.99     General penalty                       rules of construction, definition and application shall
                                                    govern the interpretation of this code as those
                                                    governing the interpretation of state law.

§ 10.01 TITLE OF CODE.                                           (B) Specific rules of interpretation.          The
                                                            construction of all ordinances of this city shall be by
     (A) All ordinances of a permanent and general          the following rules, unless that construction is plainly
nature of the city, as revised, codified, rearranged,       repugnant to the intent of the legislative body or of
renumbered and consolidated into component codes,           the context of the same ordinance:


                                                        3
4                                         Ortonville - General Provisions


          (1) AND or OR. Either conjunction shall          § 10.05 DEFINITIONS.
include the other as if written “and/or,” whenever the
context requires.                                               (A) General rule. Words and phrases shall be
                                                           taken in their plain, or ordinary and usual sense.
          (2) Acts by assistants. When a statute,          However, technical words and phrases having a
code provision or ordinance requires an act to be          peculiar and appropriate meaning in law shall be
done which, by law, an agent or deputy as well may         understood according to their technical import.
do as the principal, that requisition shall be satisfied
by the performance of the act by an authorized agent            (B) Definitions. For the purpose of this code,
or deputy.                                                 the following definitions shall apply unless the
                                                           context clearly indicates or requires a different
          (3) Gender; singular and plural; tenses.         meaning.
Words denoting the masculine gender shall be
deemed to include the feminine and neuter genders;              CITY. The area within the corporate boundaries
words in the singular shall include the plural, and        of the city as presently established or as amended by
words in the plural shall include the singular; the use    ordinance, annexation or other legal actions at a
of a verb in the present tense shall include the future,   future time. The term CITY, when used in this code,
if applicable.                                             may also be used to refer to the City Council and its
                                                           authorized representatives.
          (4) General term. A general term
following specific enumeration of terms is not to be           CODE, THIS CODE or THIS CODE OF
limited to class enumerated unless expressly limited.      ORDINANCES. This city code as modified by
                                                           amendment, revision and adoption of new titles,
                                                           chapters or sections.
§ 10.03 APPLICATION TO FUTURE
ORDINANCES.                                                     COUNTY. Big Stone County.

     All provisions of Title I compatible with future          DNR or MDNR.          Minnesota Department of
legislation shall apply to ordinances hereafter adopted    Natural Resources.
which amend or supplement this code unless
otherwise specifically provided.                                MAY. The act referred to is permissive.

                                                                MONTH. A calendar month.
§ 10.04 CAPTIONS.
                                                                OATH. An affirmation in all cases in which, by
     Headings and captions used in this code other         law, an affirmation may be substituted for an oath,
than the title, chapter and section numbers are            and in those cases the words SWEAR and SWORN
employed for reference purposes only and shall not         shall be equivalent to the words AFFIRM and
be deemed a part of the text of any section.               AFFIRMED. All terms shall mean a pledge taken
                                                           by the person and administered by an individual
                                                           authorized by state law.
                                                                                          General Provisions 5


     OFFICER, OFFICE, EMPLOYEE, COMMIS-                 § 10.06 SEVERABILITY.
SION or DEPARTMENT. An officer, office,
employee, commission or department of this city              If any provision of this code, as now or later
unless the context clearly requires otherwise.          amended, or its application to any person or
                                                        circumstance is held invalid, the invalidity does not
    PCA or MPCA. Minnesota Pollution Control            affect other provisions that can be given effect
Agency.                                                 without the invalid provision or application.

     PERSON. Extends to and includes an
individual, person, persons, firm, corporation,         § 10.07 REFERENCE TO OTHER SECTIONS.
copartnership, trustee, lessee or receiver. Whenever
used in any clause prescribing and imposing a                Whenever, in one section, reference is made to
penalty, the terms PERSON or WHOEVER as                 another section hereof, that reference shall extend and
applied to any unincorporated entity shall mean the     apply to the section referred to as subsequently
partners or members thereof, and as applied to          amended, revised, recodified or renumbered unless
corporations, the officers or agents thereof.           the subject matter is changed or materially altered by
                                                        the amendment or revision.
     PRECEDING or FOLLOWING. Next before
or next after, respectively.
                                                        § 10.08 REFERENCE TO OFFICES.
    SHALL. The act referred to is mandatory.
                                                             Reference to a public office or officer shall be
    SIGNATURE or SUBSCRIPTION. Includes a               deemed to apply to any office, officer or employee of
mark when the person cannot write.                      this city exercising the powers, duties or functions
                                                        contemplated in the provision, irrespective of any
    STATE. The State of Minnesota.                      transfer of functions or change in the official title of
                                                        the functionary.
     SUBCHAPTER. A division of a chapter,
designated in this code by a heading in the chapter
analysis and a capitalized heading in the body of the   § 10.09 ERRORS AND OMISSIONS.
chapter, setting apart a group of sections related by
the subject matter of the heading. Not all chapters          (A) If a manifest error is discovered, consisting
have SUBCHAPTERS.                                       of the misspelling of any words; the omission of any
                                                        word or words necessary to express the intention of
      WRITTEN. Any representation of words, letters     the provisions affected; the use of a word or words to
or figures, whether by printing or otherwise.           which no meaning can be attached; or the use of a
                                                        word or words when another word or words was
    YEAR. A calendar year, unless otherwise             clearly intended to express the intent, the spelling
expressed.                                              shall be corrected and the word or words supplied,
                                                        omitted
6                                          Ortonville - General Provisions


or substituted as will conform with the manifest             § 10.13 ORDINANCES UNAFFECTED.
intention, and the provisions shall have the same
effect as though the correct words were contained in              All ordinances of a temporary or special nature
the text as originally published.                            and all other ordinances pertaining to subjects not
                                                             embraced in this code shall remain in full force and
     (B) No alteration shall be made or permitted if         effect unless herein repealed expressly or by
any question exists regarding the nature or extent of        necessary implication.
the error.

                                                             § 10.14 EFFECTIVE DATE OF ORDINANCES.
§ 10.10 OFFICIAL TIME.
                                                                  All ordinances passed by the legislative body
      The official time, as established by applicable        requiring publication shall take effect from and after
state and federal laws, shall be the official time within    the due publication thereof, unless otherwise
this city for the transaction of all city business.          expressly provided.


§ 10.11 REASONABLE TIME.                                     § 10.15 REPEAL OR MODIFICATION OF
                                                             ORDINANCE.
      (A) In all cases where an ordinance requires an
act to be done in a reasonable time or requires                   (A) Whenever any ordinance or part of an
reasonable notice to be given, reasonable time or            ordinance shall be repealed or modified by a
notice shall be deemed to mean the time which is             subsequent ordinance, the ordinance or part of an
necessary for a prompt performance of the act or the         ordinance thus repealed or modified shall continue in
giving of the notice.                                        force until the publication of the ordinance repealing
                                                             or modifying it when publication is required to give
      (B) The time within which an act is to be done,        effect to it, unless otherwise expressly provided.
as herein provided, shall be computed by excluding
the first day and including the last. If the last day is a         (B) No suit, proceedings, right, fine, forfeiture
legal holiday or a Sunday, it shall be excluded.             or penalty instituted, created, given, secured or
                                                             accrued under any ordinance previous to its repeal
                                                             shall in any way be affected, released or discharged,
§ 10.12 ORDINANCES REPEALED.                                 but may be prosecuted, enjoyed and recovered as
                                                             fully as if the ordinance had continued in force unless
     This code, from and after its effective date, shall     it is otherwise expressly provided.
contain all of the provisions of a general nature
pertaining to the subjects herein enumerated and                  (C) When any ordinance repealing a former
embraced. All prior ordinances pertaining to the             ordinance, clause or provision shall be itself repealed,
subjects treated by this code shall be deemed repealed       the repeal shall not be construed to revive the former
from and after the effective date of this code.              ordinance, clause or provision, unless it is expressly
                                                             provided.
                                                                                             General Provisions 7


§ 10.16 ORDINANCES WHICH AMEND OR                          § 10.18 COPIES OF CODE.
SUPPLEMENT CODE.
                                                                The official copy of this code shall be kept in the
    (A) If the City Council shall desire to amend          office of the City Clerk/Administrator for public
any existing chapter or section of this code, the          inspection.    The City Clerk/Administrator shall
chapter or section shall be specifically repealed and a    provide a copy for sale for a reasonable charge.
new chapter or section, containing the desired
amendment, substituted in its place.
                                                           § 10.19 ADOPTION OF STATUTES AND
     (B) (1) Any ordinance which is proposed to            RULES BY REFERENCE.
add to the existing code a new chapter or section shall
indicate, with reference to the arrangement of this             It is the intention of the City Council that, when
code, the proper number of the chapter or section.         adopting this code, all future amendments to any state
                                                           or federal rules and statutes adopted by reference in
          (2) In addition to this indication as may        this code or referenced in this code are hereby
appear in the text of the proposed ordinance, a            adopted by reference or referenced as if they had
caption or title shall be shown in concise form above      been in existence at the time this code was adopted,
the ordinance.                                             unless there is clear intention expressed in the code to
                                                           the contrary.

§ 10.17 PRESERVATION OF PENALTIES,
OFFENSES, RIGHTS AND LIABILITIES.
                                                           § 10.99 GENERAL PENALTY.
      (A) All offenses committed under laws in force
prior to the effective date of this code shall be               (A) Any person, firm or corporation who
prosecuted and remain punishable as provided by            violates any provision of this code for which another
those laws. This code does not affect any rights or        penalty is not specifically provided, shall, upon
liabilities accrued, penalties incurred or proceedings     conviction, be guilty of a misdemeanor. The penalty
begun prior to the effective date of this code. The        which may be imposed for any crime which is a
liabilities, proceedings and rights are continued;         misdemeanor under this code, including Minnesota
punishments, penalties or forfeitures shall be             Statutes specifically adopted by reference, shall be a
enforced and imposed as if this code had not been          sentence of not more than 90 days or a fine of not
enacted.                                                   more than $1,000, or both.

     (B) In particular, any agreement granting                  (B) Any person, firm or corporation who
permission to utilize highway rights-of-way, contracts     violates any provision of this code, including
entered into or franchises granted, the acceptance,        Minnesota Statutes specifically adopted by reference,
establishment or vacation of any highway, and the          which is designated to be a petty misdemeanor shall,
election of corporate officers shall remain valid in all   upon conviction be guilty of a petty misdemeanor.
respects, as if this code had not been enacted.
8                                       Ortonville - General Provisions


The penalty which may be imposed for any petty
offense which is a petty misdemeanor shall be a
sentence of a fine of not more than $300.

     (C) In either the case of a misdemeanor or a
petty misdemeanor, the costs of prosecution may be
added. A separate offense shall be deemed
committed upon each day during which a violation
occurs or continues.

     (D) The failure of any officer or employee of
the city to perform any official duty imposed by this
code shall not subject the officer or employee to the
penalty imposed for a violation.
          TITLE III: ADMINISTRATION

Chapter

          30. EMERGENCY MANAGEMENT

          31. ADMINISTRATIVE CODE

          32. CITY COUNCIL

          33. FINANCES

          34. CITY POLICIES




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2   Ortonville - Administration
Section

    30.01      Purpose         CHAPTER 30: EMERGENCY MANAGEMENT  (2) To provide for the exercise of
    30.02      Interpretation and effect               necessary powers during emergencies and disasters;
    30.03      Definitions
    30.04      Establishment of emergency                        (3) To provide for the rendering of mutual
               management organization                 aid between the city and other political subdivisions
     30.05     Powers and duties of Director           of this state and of other states with respect to the
     30.06     Local emergencies                       carrying out of emergency-preparedness functions;
     30.07     Emergency regulations                   and
     30.08     Participation in labor disputes or
               politics                                          (4) To comply with the provisions of M.S.
                                                       § 12.25, as it may be amended from time to time,
                                                       which require that each political subdivision of the
§ 30.01 PURPOSE.                                       state shall establish a local organization for
                                                       emergency management.
     (A) Because of the existing possibility of the
occurrence of disasters of unprecedented size and
destruction resulting from fire, flood, tornado,       § 30.02 INTERPRETATION AND EFFECT.
blizzard, destructive winds or other natural causes,
from sabotage or hostile action, or from hazardous          All functions and activities relating to
material mishaps of catastrophic measure; and in       emergency management are hereby declared to be
order to insure that preparations of this city will be governmental functions. The provisions of this
adequate to deal with disasters, and generally, to     section shall not affect the right of any person to
provide for the common defense and to protect the      receive benefits to which he or she would otherwise
public peace, health and safety, and to preserve the   be entitled under this chapter, the Workers’
lives and property of the people of this city, the     Compensation law, or any pension law, nor the right
following are hereby found and declared to be          of any person to receive any benefits or compensation
necessary:                                             under any act of Congress.

    (B) (1) To establish a city emergency
management organization responsible for city
planning and preparation for emergency government
operations in time of disasters;
    3
4                                            Ortonville - Administration


§ 30.03 DEFINITIONS.                                               EMERGENCY MANAGEMENT FORCES.
                                                              The total personnel resources engaged in city-level
     For the purpose of this chapter, the following           emergency management functions in accordance with
definitions shall apply unless the context clearly            the provisions of this chapter or any rule or order
indicates or requires a different meaning.                    thereunder. This includes personnel from city
                                                              departments, authorized volunteers and private
     DISASTER. A situation which creates an                   organizations and agencies.
immediate and serious impairment to the health and
safety of any person, or a situation which has resulted             EMERGENCY MANAGEMENT ORGANIZA-
in or is likely to result in catastrophic loss to property,   TION. The staff responsible for coordinating city-
and for which traditional sources of relief and               level planning and preparation for disaster response.
assistance within the affected area are unable to repair      This organization provides city liaison and
or prevent the injury or loss.                                coordination with federal, state and local jurisdictions
                                                              relative to disaster preparedness activities and assures
     EMERGENCY. An unforeseen combination of                  implementation of federal and state program
circumstances which calls for immediate action to             requirements.
prevent from developing or occurring.

      EMERGENCY MANAGEMENT. The prepara-                      § 30.04 ESTABLISHMENT OF EMERGENCY
tion for and the carrying out of all emergency                MANAGEMENT ORGANIZATION.
functions, other than functions for which military
forces are primarily responsible, to prevent, minimize            (A) There is hereby created within the city
and repair injury and damage resulting from disasters         government,       the     Emergency  Management
caused by fire, flood, tornado and other acts of nature,      Organization which shall be under the supervision
or from sabotage, hostile action or from industrial           and control of the City Emergency Management
hazardous material mishaps. These functions include,          Director, called the Director.
without limitation, firefighting services, police
services, emergency medical services, engineering,                 (B) The Director shall be appointed by the
warning services, communications, radiological and            Mayor for an indefinite term and may be removed at
chemical, evacuation, congregate care, emergency              any time. The Director shall serve with a salary and
transportation, existing or properly assigned functions       shall be paid necessary expenses.
of plant protection, temporary restoration of public
utility services and other functions related to civil              (C) The Director shall have direct responsibility
protection, together with all other activities necessary      for the organization, administration and operation of
or incidental for carrying out the foregoing functions.       the emergency preparedness organization, subject to
EMERGENCY MANAGEMENT includes those                           the direction and control of the Mayor.
activities sometimes referred to as “civil defense”
functions.
                                                                                      Emergency Management 5


§ 30.05 POWERS AND DUTIES OF                                   (D) In accordance with the state and city
DIRECTOR.                                                 emergency plans, the Director shall institute training
                                                          programs and public information programs and
     (A) The Director, with the consent of the            conduct practice warning alerts and emergency
Mayor, shall represent the city on any regional or        exercises as may be necessary to assure prompt and
state conference for emergency management. The            effective operation of the city emergency plan when a
Director shall develop proposed mutual aid                disaster occurs.
agreements with other political subdivisions of the
state for reciprocal emergency management aid and              (E) The Director shall utilize the personnel,
assistance in an emergency too great to be dealt with     services, equipment, supplies and facilities of existing
unassisted, and shall present these agreements to the     departments and agencies of the city to the maximum
Council for its action. These arrangements shall be       extent practicable. The officers and personnel of all
consistent with the state emergency plan.                 city departments and agencies shall, to the maximum
                                                          extent practicable, cooperate with and extend services
      (B) The Director shall make studies and surveys     and facilities to the city’s Emergency Management
of the human resources, industries, resources and         Organization and to the Governor upon request. The
facilities of the city as deemed necessary to determine   head of each department or agency in cooperation
their adequacy for emergency management and to            with the Director shall be responsible for the planning
plan for their most efficient use in time of an           and programming of emergency activities as will
emergency or disaster. The Director shall establish       involve the utilization of the facilities of the
the economic stabilization systems and measures,          department or agency.
service staffs, boards and sub-boards required, in
accordance with state and federal plans and                    (F) The Director shall, in cooperation with
directions, subject to the approval of the Mayor.         those city departments and agencies affected, assist in
                                                          the organizing, recruiting and training of emergency
      (C) The Director shall prepare a comprehensive      management personnel, which may be required on a
emergency plan for the emergency preparedness of          volunteer basis to carry out the emergency plans of
the city and shall present the plan to the Council for    the city and state. To the extent that emergency
its approval. When the Council has approved the           personnel are recruited to augment a regular city
plan, it shall be the duty of all city agencies and all   department or agency for emergencies, they shall be
emergency preparedness forces of the city to perform      assigned to the departments or agencies and shall be
the duties and functions assigned by the plan as          under the administration and control of the
approved. The plan may be modified in like manner         department or agency.
from time to time. The Director shall coordinate the
emergency management activities of the city to the             (G) Consistent with the state emergency
end that they shall be consistent and fully integrated    services law, the Director shall coordinate the activity
with the emergency plans of the federal government        of municipal emergency management organizations
and the state and correlated with emergency plans of      within the city and assist in establishing and
the county and other political subdivisions within the    conducting training programs as required to assure
state.
6                                         Ortonville - Administration


emergency operational capability in the several           § 30.07 EMERGENCY REGULATIONS.
services as provided by M.S. § 12.25, as it may be
amended from time to time.                                      (A) Whenever necessary to meet a declared
                                                          emergency or to prepare for an emergency for which
     (H) The Director shall carry out all orders, rules   adequate regulations have not been adopted by the
and regulations issued by the Governor with               Governor or the Council, the Council may, by
reference to emergency management.                        resolution, promulgate regulations consistent with
                                                          applicable federal or state law or regulations
     (I) The Director shall prepare and submit            respecting the conduct of persons and the use of
reports on emergency preparedness activities when         property during emergencies, the repair, maintenance
requested by the Mayor.                                   and safeguarding of essential public services,
                                                          emergency health, fire and safety regulations, drills or
                                                          practice periods required for preliminary training, and
§ 30.06 LOCAL EMERGENCIES.                                all other matters which are required to protect public
                                                          safety, health and welfare in declared emergencies.
     (A) A local emergency may be declared only by
the Mayor or his or her legal successor. It shall not           (B) (1) Every resolution of emergency
be continued for a period in excess of three days         regulations shall be in writing, shall be dated, shall
except by or with the consent of the Council. Any         refer to the particular emergency to which it pertains,
order or proclamation declaring, continuing or            if so limited, and shall be filed in the office of the
terminating a local emergency shall be given prompt       City Clerk/Administrator. A copy shall be kept
and general publicity and shall be filed in the office    posted and available for public inspection during
of the City Clerk/Administrator.                          business hours.

     (B) A declaration of a local emergency shall                   (2) Notice of the existence of these
invoke necessary portions of the response and             regulation and their availability for inspection at the
recovery aspects of applicable local or inter-            City Clerk/Administrator’s Office shall be
jurisdictional disaster plans, and may authorize aid      conspicuously posted at the front of the City Hall or
and assistance thereunder.                                other headquarters of the city or at other places in the
                                                          affected area as the Council shall designate in the
     (C) No jurisdictional agency or official may         resolution. By resolution, the Council may modify or
declare a local emergency unless expressly authorized     rescind a regulation.
by the agreement under which the agency functions.
However, an inter-jurisdictional disaster agency shall         (C) The Council may rescind any regulation by
provide aid and services in accordance with the           resolution at any time. If not sooner rescinded, every
agreement under which it functions.                       regulation shall expire at the end of 30 days after its
                                                          effective date or at the end of the emergency to which
                                                            Emergency Management 7


it relates, whichever comes first. Any resolution, rule
or regulation inconsistent with an emergency
regulation promulgated by the Council shall be
suspended during the period of time and to the extent
conflict exists.

     (D) During a declared emergency, the city is,
under the provisions of M.S. § 12.31, as it may be
amended from time to time, and notwithstanding any
statutory or Charter provision to the contrary,
empowered, through its Council, acting within or
without the corporate limits of the city, to enter into
contracts and incur obligations necessary to combat
the disaster by protecting the health and safety of
persons and property and providing emergency
assistance to the victims of a disaster. The city may
exercise these powers in the light of the exigencies of
the disaster without compliance with the time-
consuming procedures and formalities prescribed by
law pertaining to the performance of public work,
entering rental equipment agreements, purchase of
supplies and materials, limitations upon tax levies,
and the appropriation and expenditure of public
funds, including, but not limited to publication of
resolutions, publication of calls for bids, provisions of
personnel laws and rules, provisions relating to low
bids, and requirement for bids.
Penalty, see § 10.99


§ 30.08 PARTICIPATION IN LABOR
DISPUTES OR POLITICS.

     The Emergency Management Organization shall
not participate in any form of political activity, nor
shall it be employed directly or indirectly for political
purposes, nor shall it be employed in a labor dispute.
8   Ortonville - Administration
Section

      31.01    Administrative code                       § 31.02 POLICE DEPARTMENT.
                                  CHAPTER 31: ADMINISTRATIVE CODE
      31.02    Police Department
      31.03    Fire Department                                 (A) The city shall have a Police Department.
      31.04    Street Department
      31.05    Public Works Department                         (B) The head of the Department shall be known
      31.06    Health Care Board                         as the Chief of Police and he or she shall be
      31.07    Library Board                             appointed by the Council. The number of additional
      31.08    Golf Board                                members and employees of the Police Department to
      31.09    Public Utility Committee                  be regularly employed shall be determined by the
      31.10    Street Committee                          Council, by resolution, which may be amended or
      31.11    Civil Service Commission                  changed from time to time. The Chief of Police shall
      31.12    Senior Citizens Board                     have, without the approval of Council, authority to
      31.13    Park and Recreation Board                 appoint additional members to the police force for
      31.14    Planning Commission                       temporary duty when, in his or her judgment, an
      31.15    Airport Board                             emergency exists for the preservation of life or
      31.16    Ambulance Board                           property.
      31.17    Telecommunications Board
Cross-reference:                                               (C) (1) The Chief of Police and all members
      Heritage Preservation Commission, see              of the Police Department shall have the powers and
       §§ 150.150 et seq.                                authority of police officers generally and they shall
      Tree Board, see § 96.02                            perform duties as are required of them by the
                                                         provisions of any state law, of the City Charter, or of
                                                         any ordinance of the city.
§ 31.01 ADMINISTRATIVE CODE.
                                                                    (2) The Chief of Police shall have general
      This chapter is the administrative code of the     superintendence of the Police Department and
city as required by § 6.03 of the Charter of the City of custody of property used and maintained for
Ortonville.                                              Department purposes, and it shall be his or her duty
(Ord. 172, passed 12-18-1944; Am. Ord. 382, passed       on or before the first day of July each year to file
12-16-1974; Am. Ord. 481, passed 2-21-1984; Am.          detailed inventory with the City Clerk/Administrator
Ord. 94-578, passed 6-6-1994)                            of all property.




                                                       9
2005 S-3
10                                        Ortonville - Administration


          (3) It shall also be the duty of the Chief of             (3) He or she shall superintend the
Police on or before the tenth day of each month to file   preservation of all property endangered by the fire
with the City Clerk/Administrator a report as to all      and shall have control and direction of all persons
arrests made by his or her Department during the          engaged in preserving the property.
previous month.
(Ord. 172, passed 12-18-1944; Am. Ord. 382, passed                  (4) In case of the absence or disability of
12-16-1974; Am. Ord. 481, passed 2-21-1984; Am.           the Chief for any cause, the Assistant Chief shall
Ord. 94-578, passed 6-6-1994)                             exercise all the powers, perform all the duties and be
Cross-reference:                                          subject to the responsibilities of the Chief.
     Civil Service Commission, see § 31.11
                                                                    (5) It shall also be the duty of the Chief of
                                                          the Fire Department on or before the first day of July
§ 31.03 FIRE DEPARTMENT.                                  in each year to file a detailed inventory with the City
                                                          Clerk/Administrator of all property used and
    (A) (1) A volunteer Fire Department shall be          maintained for the Department and he or she shall
under the control of the Council.                         also, on or before the tenth day of each month, file
                                                          with the City Clerk/Administrator a report as to all
          (2) The present constitution and by-laws        fires occurring during the previous month stating the
of the Department shall be continued; future changes      probable cause.
shall be subject to confirmation and approval by the      (Ord. 172, passed 12-18-1944; Am. Ord. 382, passed
Council.                                                  12-16-1974; Am. Ord. 481, passed 2-21-1984; Am.
                                                          Ord. 94-578, passed 6-6-1994)
     (B) (1) The members of the Department shall
continue to elect their own Chief, Assistant Chief and
other officers subject to confirmation and approval by    § 31.04 STREET DEPARTMENT.
the Council.
                                                               (A) (1) A Street Department shall be under
           (2) The Chief of the Fire Department shall     general control of the Council but directly under the
have general superintendence of the Fire Department       control of the City Clerk/Administrator as their agent.
and the custody of all property used and maintained
for the purposes of the Department. He or she shall                 (2) The acting head of this Department
see that the same are kept in proper order and that all   shall be known as the Superintendent and he or she
rules and regulations and all provisions of the laws of   shall be appointed by the Council, and his or her term
the state and ordinances of the city relative to a Fire   shall expire on April 1 of each calendar year.
Department and to the prevention and the
extinguishment of fires are duly observed.                           (3) All streets and alleys within the city,
                                                          all city parks and parkways including recreational
                                                          areas,
                                                                                            Administrative Code 11


except golf courses, and all city storm sewers shall be         (B) As head of the Department, the City Clerk/
under direct supervision of the Street Commissioner,       Administrator shall be in charge of the overall
and in addition, it shall be his or her duty to see that   activities of the Public Works Department.
the laws of the state and ordinances of the city
relating to weed control and eradication are observed.         (C) There shall be three divisions of the Public
                                                           Works Department and all divisions shall be
           (4) He or she shall also be supervisor of       coordinated by the City Clerk/Administrator.
all buildings.
                                                                     (1) There shall be a Director of the Water
          (5) He or she shall have supervision of all      and Light Division whose responsibilities shall
labor and custody of all property used and maintained      encompass the Water and Light Division, the sewer
for the purposes of the Department and he or she shall     system of the city, the golf course and who shall also
have authority to hire necessary labor, and make           be the Plumbing Inspector.
expenditures for materials on behalf of the city for
snow removal, for weed control and eradication, for                  (2) There shall be a Director of the Waste
the repair and cleaning of debris off streets, alleys,     Treatment Division, who shall have the general
parks and parkways including recreational areas and        management, operation and maintenance of the waste
storm sewers in case of damage from storms.                treatment    of   the     city;   and     the   City
                                                           Clerk/Administrator shall have the management,
      (B) It shall be his or her duty on or before the     supervision and maintenance of the airport and the
first day of July in each year to file a detailed          garbage and waste collections and disposals.
inventory with the City Clerk/Administrator a report
as to the condition of the streets, alleys, parks and            (D) The heads of all divisions are to file with
parkways including recreational areas, storm sewers        the City Clerk/Administrator on or before the tenth
and sidewalks, and his or her recommendation as to         day of each month a written report on each public
any repairs or improvements which, in his or her           utility with recommendations as to any repairs or
judgement, are required.                                   improvements he or she deems advisable, and on or
(Ord. 172, passed 12-18-1944; Am. Ord. 382, passed         before the first day of July in each year file a detailed
12-16-1974; Am. Ord. 481, passed 2-21-1984; Am.            inventory with the City Clerk/Administrator of all
Ord. 94-578, passed 6-6-1994)                              property used or maintained for the Public Utilities
                                                           Department.

§ 31.05 PUBLIC WORKS DEPARTMENT.                                (E) (1) The city shall have a first lien upon all
                                                           property where it has furnished the services of any
    (A) A Public Works Department shall be as              public utility for sums due the city for services,
provided in Chapter 6 of the City Charter.                 including labor or materials furnished, whether the
                                                           same was furnished at the request of the owner, lessee
                                                           or occupant.
12                                        Ortonville - Administration


           (2) All amounts remaining unpaid on the
first day of October each year shall be levied and        perform its duties and functions in an efficient and
assessed by resolution of the Council against each lot,   orderly manner. The President, Vice-President and
piece or parcel of land where the service has been        Secretary shall be chosen from among the members
furnished or to be collected in the manner provided       of the Board.
for the collection of general taxes, or the lien may be
foreclosed by appropriate action at law.                           (2) The President shall preside at all
(Ord. 172, passed 12-18-1944; Am. Ord. 382, passed        meetings of the Board.
12-16-1974; Am. Ord. 481, passed 2-21-1984; Am.
Ord. 94-578, passed 6-6-1994)                                       (3) All documents necessary to be signed
                                                          on behalf of the Board shall be signed by the
                                                          President or in his absence, the Vice-President, after
§ 31.06 HEALTH CARE BOARD.                                approval and authorization by the Board.

     (A) Appointment.                                                (4) The Vice-President shall perform the
                                                          duties of the President in case of his or her absence or
           (1) There is hereby created, under the         disability.
Public Works Department, a Health Care Board
(“Board”) which shall consist of seven members, (one                (5) The Secretary shall keep a complete
of whom may be a physician or surgeon resident in         record of the minutes of each meeting and of all of
the city) and one non-voting member, of whom shall        the proceedings of the Board, and shall cause a copy
be the manager of the Fairway View Senior                 of the record to be filed in the office of the City
Community, all of whom shall be advisory only and         Clerk/Administrator within 30 days after the meeting.
serve without compensation. Appointments to the           The Board may prescribe additional powers and
Board shall be made by the Council and shall be for a     duties for its officers as may be consistent with the
term of three years.                                      provisions of this section.

          (2) All Board members shall hold their                     (6) The Board shall at all times comply
office until their respective successors shall have       with the Government Data Practices Act and open
been appointed and shall have qualified. All              meeting laws of the State of Minnesota and other
vacancies in the Board shall be filled in like manner     jurisdictions that may be applicable to similar Boards.
without undue delay by the Council, but only for the
unexpired terms of vacating members.                           (C) Powers and duties.

     (B) Organization, meetings and officers.                       (1) The Public Works Department shall
                                                          have charge of the administration, maintenance and
          (1) As soon as practicable after its            control of the Municipal Hospital, Northridge
appointment, the Board shall meet to organize and to      Residence and the Municipal Clinic Building subject
elect a President, Vice-President and Secretary and to    to the general management and control of the City
adopt rules and regulations necessary to enable it to
2004 S-2
                                               Administrative Code                                             13


Council and consistent with the provisions of this                  (2) No disbursements shall be made from
section. The Board shall be advisory to the Public        this fund except by order signed by the Mayor and
Works Department and City Council as provided in          countersigned by the City Clerk/Administrator,
this section. All of these facilities shall be known as   pursuant to an order of the Board, approved by a
the Ortonville Area Health Services (OAHS).               majority of its members and signed by its President
                                                          and Secretary and approved by the Council pursuant
           (2) The Board shall make                       to an order approved by majority of the members of
recommendations to the Council as to (i) the hiring,      the Council. No disbursement shall be made from this
discipline and termination of an Administrator and all    fund except in payment of costs, expenses and
other necessary employees, (ii) the amount of their       indebtedness incurred for the maintenance, operation,
compensation, all of which shall be fixed and paid by     equipment, repair and construction of OAHS,
the Council, (iii) the purchase of all necessary          provided that the Council may, in its discretion,
equipment, apparatus, services and supplies, and (iv)     transfer any accumulated surplus in the fund to any
the care, preservation and insurance of the hospital      other city fund in accordance with the provisions of
building and its contents.                                the City Charter.

          (3) The Board shall recommend the fixing                    (3) The City Clerk/Administrator shall
of fees and charges for the use of OAHS and make          keep an accurate account of all moneys paid into and
contracts with the county and other governmental          disbursed from the Municipal Hospital Fund, and of
subdivisions for the care and hospitalization of          all outstanding credits and liabilities of the fund, and
indigent cases.                                           shall keep an accurate account of all moneys received
                                                          and disbursed by him or her, and of all outstanding
           (4) In addition to the powers and duties       credits and liabilities of the fund. On or before the
herein enumerated, the Council may grant the Board        first day of January of each year, the Public Works
such other necessary and proper powers which the          Department shall file a report containing a complete
Council feels may lawfully expedite the management        record of OAHS’s earnings, expenditures, assets,
and control of the hospital and which shall be            liabilities, property and a general summary of its
consistent with law in conformity with the provisions     business transactions of the previous calendar year in
of this section.                                          the office of the City Clerk/Administrator.

     (D) Funds and accounting.                                 (E) Limitations on power. All purchases and
                                                          other contracts shall occur as provided by City
          (1) The Municipal Hospital Fund is hereby       Charter Section 6.05. The Board shall not make
established and made a part of the Public Works           recommendations concerning contracts or the
Fund, into which shall be paid all moneys received by     purchase or sale of equipment, supplies or materials
OAHS, together with all taxes levied, and                 without full compliance with the then current bidding
contributions and other funds procured, for the           laws for municipalities in the State of Minnesota.
maintenance and improvement of OAHS.                      The Board and the Public Works Department are not
                                                          authorized by the City Charter or this section to make
                                                          any purchases or enter into any contracts.
                                                          (Ord. 04-01, passed 4-19-2004)
2004 S-2
14                                        Ortonville - Administration


§ 31.07 LIBRARY BOARD.
                                                          the same shall take effect. It shall be the duty of the
     There is hereby created a Library Board, to          Secretary to see that all moneys received for the use
consist of five members: two to hold office for one       of the golf courses be promptly paid to the City
year; two to hold office for two years; and one to hold   Treasury and paid out only upon itemized vouchers
office for three years; thereafter the Mayor, with the    approved by the Golf Board and Council.
approval of the Council, shall appoint for the term of
three years, and until their successors qualify, a              (C) The Golf Supervisor shall on or before the
sufficient number of members to fill the places of        first day of July in each year file a detailed inventory
those whose term or terms expire. All terms shall end     with the Director of Public Utilities of all property
with the fiscal year. The Board shall have all of the     used or maintained for municipal golf courses.
duties provided for by law, including those contained     (Ord. 172, passed 12-18-1944; Am. Ord. 382, passed
in M.S. §§ 134.09 to 134.15, as they may be amended       12-16-1974; Am. Ord. 481, passed 2-21-1984; Am.
from time to time.                                        Ord. 94-578, passed 6-6-1994; Am. Ord. 05-02,
(Ord. 172, passed 12-18-1944; Am. Ord. 382, passed        passed 1-19-05)
12-16-1974; Am. Ord. 481, passed 2-21-1984; Am.
Ord. 94-578, passed 6-6-1994)
                                                          § 31.09 PUBLIC UTILITY COMMITTEE.

§ 31.08 GOLF BOARD.                                            (A) A Public Utility Committee shall consist of
                                                          three members of the City Council selected by the
     (A) There shall be a Golf Board, as a division of    Mayor with the approval of the Council. The
the Public Works Department, to consist of seven          Committee is to select its own chairperson. The
members, a minimum of two of whom shall be                members shall be appointed to the Committee for a
women, to be appointed by the Mayor, with the             term of two years commencing on the first Monday
approval of the City Council. The terms of each           after the first Tuesday in January in each even
member shall be three years, the terms to end on          numbered year.
December 31. The Board shall annually elect one of
its members to act as Chairperson, and one to act as           (B) It shall be the special duty of this
Secretary.                                                Committee in addition to their general duties as
                                                          members of the Council to act as an advisory
     (B) The Board shall supervise and manage all         committee to the Water and Sanitary Sewer
municipal golf courses and shall have power to            Department Superintendent and the Light Department
prescribe rules, regulations and charges as may be        Superintendent and to act as a liaison between the
just and proper, with due regard to the availability of   Water, Light and Sanitary Sewer Departments and the
the use of the golf courses to the general public         Council.
without discrimination as to any individual or group      (Ord. 172, passed 12-18-1944; Am. Ord. 382, passed
of individuals. The rules, regulations and charges        12-16-1974; Am. Ord. 481, passed 2-21-1984; Am.
shall be submitted to and approved by the Council         Ord. 94-578, passed 6-6-1994; Am. Ord. 04-02,
before                                                    passed 4-19-2004)
2005 S-3
                                               Administrative Code                                              15


§ 31.10 STREET COMMITTEE.                                  or her term be President of the Commission. No
                                                           Commissioner shall, during the term of his or her
     (A) (1) A Street Committee shall consist of           membership in the body, hold any other office or
three members of the Council selected by the Mayor         employment under the city, the United States, the
with the approval of the City Council.                     state, or any other political subdivision thereof,
                                                           except the office of notary public or member of a
           (2) The Committee shall select its own          civil service commission for firefighters or other
Chairperson. They shall be appointed to the                municipal personnel. Each Commissioner, before
Committee for a term of two years commencing on            entering upon his or her duties, shall subscribe and
the first Monday after the first Tuesday in January in     file with the City Clerk/Administrator an oath for the
each even numbered year.                                   faithful discharge
                                                           of his or her duties.
     (B) It shall be the special duty of this
Committee, in addition to their general duties as                (C) The Commission shall meet immediately
members of Council, to act as an advisory committee        after its appointment and thereafter annually on the
to the Public Works Director, and to act as a liaison      first Monday in February. The Commission shall
between the Street Department and the Council.             also, from time to time, fix the times of its meetings
(Ord. 172, passed 12-18-1944; Am. Ord. 382, passed         and adopt, amend and alter rules for its procedure.
12-16-1974; Am. Ord. 481, passed 2-21-1984; Am.
Ord. 94-578, passed 6-6-1994)                                  (D) The Council shall pay from the City
                                                           Treasury all necessary expenses incurred by the
                                                           Commission in the performance of its duties. Each
§ 31.11 CIVIL SERVICE COMMISSION.                          Commissioner shall serve without pay, but the
                                                           Council may allow the Secretary compensation as it
     (A) There is hereby created the Civil Service         deems proper for the additional service rendered by
Commission of three members, who shall be                  him or her in that office, not exceeding $100 per year.
appointed by the Mayor with the approval of a
majority of the City Council, to be known as the                (E) The Commission shall have absolute
“Police Civil Service Commission,” one member to           control and supervision of the employment,
be a business person, one a professional person and        promotion, discharge and suspension of all
one a laboring person.                                     designated Commissioners of the Police Department
                                                           and all grades and departments thereof in this city.
     (B) When first appointed, one Commissioner            The Commission shall, immediately after its
shall be appointed for one year, who shall be              appointment, establish grades for the employments in
president of the Commission, one for two years and         the Police Department and shall classify every
one for three years. Each Commissioner shall hold          employee now in service in the respective
his or her office until his or her successor is duly       classification thus established.
appointed and qualified. There shall thereafter be one     The Commission shall keep a service register of all
member of the Commission appointed each year for a         persons in the service in these classifications, giving
term of three years, and each shall during the last year   their names, ages, compensation, past employment,
of his                                                     duties and other facts and data with reference to each
                                                           employee as the Commission may deem useful.
16                                         Ortonville - Administration


     (F) The Commission shall from time to time                     (7) Temporary employment without
thereafter make, amend, alter and change rules to         examination, with the consent in each case of the
promote efficiency in the Police Department services      Commission, in cases of emergency; but no
and carry out the purpose of this section. The rules      temporary employment shall continue more than 30
shall provide among other things for:                     days, nor shall successive temporary employments be
                                                          permitted for the same position;
       (1) The classification of all offices and
employments in the Police Department;                               (8) Promotion based on competitive
                                                          examination and upon records of efficiency,
           (2) Public competitive examinations to         character, conduct and seniority;
test the relative fitness of applicants;
                                                                   (9) Other rules not inconsistent with the
          (3) Public advertisements of all                provisions of this act as may from time to time be
examinations at least ten days in advance in a            found necessary to secure the purposes of this act;
newspaper of general circulation in the city and          and
posting advertisement for ten days in the City Hall
and at the station house;                                          (10) Copies of all rules adopted by the
                                                          Commission shall be kept posted in the police station
           (4) The creation and maintenance of lists      house and no rule of general application with
of eligible candidates after successful examination in    reference to employment, promotion, discharge or
order of their standing in the examination and without    suspension shall become effective until so posted.
reference to the time of examination, embraced in an
eligible register; the Commission may, by rule,                 (G) When the Commission has established a list
provide for striking any name from the eligible           of eligible candidates for promotions or for new
register after it has been two years thereon;             positions in the Police Department, appointment to
                                                          any position shall be made of one of the three
           (5) The rejection of candidates or eligibles   candidates given the highest ratings by the
who, after the entry of their names, shall fail to        Commission or its examiner. Provided, however, that
comply with the reasonable rules and requirements of      on demotions for retrenchment or any other but
the Commission or otherwise, or who have been             disciplinary reasons the person above entrance grade
guilty of criminal, infamous or disgraceful conduct,      shall not lose their seniority.
or of any willful misrepresentation, deception or
fraud in connection with their applications for                (H) No officer or employee after six months of
employment;                                               continuous employment shall be removed or
                                                          discharged except for cause, upon written charges and
          (6) The certification of the three names        after an opportunity to be heard in his or her own
standing highest on the appropriate list to fill any      defense as in this section hereinafter provided. The
vacancy, except where the provisions of the               charges shall be investigated by or before the Civil
Minnesota Veterans’ Preference Law provides               Service Commission. The findings and decision of
otherwise;                                                the Commission shall be delivered forthwith to the
                                                          Chief
                                                                                           Administrative Code 17


or other appointed superior officer and shall be
enforced by the officer. Nothing in this act shall limit   and issue subpoenas; and disobedience to the same
the power of any officer to suspend a subordinate for      shall be punishable the same as contempt of court, in
a reasonable period, not exceeding 60 days, for the        the district court of this county. Witnesses, except
purpose of discipline or pending investigation of          public officials, shall be entitled to the same fees and
charges when he or she deems the suspension                mileage as for attendance upon the court. The
advisable.                                                 employee may be suspended by his or her superior
                                                           officer pending determination of the charges against
      (I) The Commission, in classifying positions         him or her.
under this section, shall prescribe standards of fitness
and efficiency for each office, employment or                          (2) If the Commission, upon trial, finds
position and shall adapt each examination to the           the employee guilty of inefficiency, breach of duty or
respective position. All examinations shall be             misconduct, he or she shall be removed, reduced or
impartial, fair and                                        suspended, and his or her name be stricken from the
practical and designed to test the relative                service register. If the charges are not sustained, the
qualifications and fitness of applicants to discharge      case shall be dismissed; and if the employee has been
the duties of the respective employments which they        suspended, he or she shall be immediately reinstated,
seek to fill. Notice of the time, place and scope of all   and shall be paid all back pay for the period of
examinations shall be given ten days in advance by         suspension. Findings of the Commission shall be
publication and by posting in the same manner as           filed within three days after the completion of the
rules for the respective departments. Notice shall         hearing. Any person suspended, reduced or removed
also be mailed to all applicants on the proper register    by the Commission after hearing may appeal to the
at least ten days in advance. Applicants for positions     district court by serving written notice upon the
of trust shall be especially examined as to moral          Secretary of the Commission within ten days after the
character, sobriety and integrity; and no question in      filing of its
any examination shall relate to religious convictions      order and receipt of the same by the employee. The
or affiliations. The head of the Police Department         Secretary shall, within five days, certify a copy of the
shall assist the Commission in making up its               proceedings to the clerk of the district court, and the
classification and in conducting examinations in the       matter shall be before the court for the review of the
Department on request.                                     reasonableness of the findings based upon the
                                                           evidence presented.
      (J) (1) Charges against any police employee
may be filed by any superior officer of the                     (K) No applicant for examination, appointment
Department or by any member of the Commission on           or promotion in the Police Department shall offer,
his or her own motion; and the Commission shall try        give or promise any money, service or other thing to
the charges after no less than ten days written notice     any person in connection with the proposed
to the accused. The notice shall set forth the charges     appointment or promotion. No employee of the
as filed. The trial shall be open to the public. Each      Department shall in any manner solicit or pay, or be
Commissioner shall have power to administer oaths          in any manner concerned in soliciting, receiving or
                                                           paying, any subscription, assessment or contribution
18                                        Ortonville - Administration


for political purposes. No person shall solicit or       § 31.13 PARK AND RECREATION BOARD.
receive any assessment, contribution or payment for
political purposes. If a person is an employee of any         (A) Formation. There is hereby created a board
service under this section, he or she shall be subject   to be know as the “Park and Recreation Board,”
to suspension and removal.                               hereinafter referred to as the “Board,” which shall
(Ord. 294, passed 8-7-1967) Penalty, see § 10.99         have the duties and powers prescribed herein.

                                                              (B) Composition.
§ 31.12 SENIOR CITIZENS BOARD.
                                                                   (1) Membership. The Board shall consist
      (A) There is hereby created a Senior Citizens      of seven members, one of whom shall be a member
Board to consist of seven members, one of whom           of the City Council and one shall be the Community
shall be a current member of the City Council, the       Education Director. All members of the Board shall
members to be appointed by the Mayor, with the           have one vote and serve without compensation unless
approval of the City Council. The terms of the office    the City Council authorizes compensation.
for the first Board shall consist of two members for
one year, two members for two years, and two                       (2) Terms and vacancies. All
members for three years, with the City Council           appointments to the Board shall be made by the
member so appointed to serve a term of one year.         Mayor with the approval of the Council. All Board
After the initial terms of the new members, members’     members shall be appointed for terms of three years.
terms shall be three years with only two members         All Board members shall hold their office until their
appointed in each year, except as required by the        successors have been appointed and shall have
appointment of the City Council. The term of office      qualified. Any vacancies occurring in the
shall end on December 31, in the year of expiration.     membership of the Board shall immediately be filled
                                                         by the Mayor with approval of the Council, but only
     (B) The Senior Citizens Board shall annually        for the unexpired term of the vacated member. The
elect the Chairperson and the Secretary from its         terms of the Board shall commence January 1.
membership; and shall meet bi-monthly at the call of
the Chairperson and other times as deemed necessary           (C) Organization of Board.
by the Chairperson or any two members of the Board.
                                                                    (1) Officers. The officers of the Board
     (C) The Senior Citizens Board shall have the        shall be a President, Vice-President and Secretary.
power to prescribe the rules and regulations as the      Officers of the Board shall be elected annually. All
Board deems necessary and advisable for the conduct      of the officers shall be chosen from among the
of the Senior Citizens Center and its programs;          appointed members of the Board. The President shall
provided that the rules and regulations shall be first   preside at all meetings. The Vice-President shall
prescribed and submitted and approved by the City        perform the duties of the President in case of his or
Council before the same shall take effect.               her absence. The Secretary shall keep a complete
(Ord. 445, passed 2-17-1981; Am. Ord. 04-03, passed      record of the minutes of each meeting and of all
5-3-2004)                                                proceedings of the
2004 S-2
                                               Administrative Code                                                19


Board. The Secretary shall furnish the City                          (2) Employment. The Park and Recreation
Clerk/Administrator with a copy of the minutes of          Board may recommend to the City Council the hiring
each meeting and of all proceedings of the Board           of necessary personnel.
within five working days after any meeting of the
Board. The Board may prescribe additional powers                     (3) Construction; contracts. The Board
and duties for its officers as may be consistent with      may recommend to the City Council the construction
the provisions of this section and the City Charter.       of roadways, paths, buildings, fountains, docks,
Additional powers and duties shall be submitted to         restrooms, refreshment booths, pavilions and other
and approved by the City Council. Vacancies in any         necessary structures and improvements for park and
of the offices shall be filled by the Board.               recreation purposes.

          (2) Meetings. The Board shall meet not                     (4) Maintenance. The Park and
less than once each month, and at other times as may       Recreation Board shall make recommendations for
be deemed necessary, or at the call of the President of    the maintenance, beautification and care for park and
the Board, with times and locations as established by      recreation property and facilities.
the Board. A majority shall constitute a quorum, but
a smaller number may adjourn from time to time. An                    (5) Golf course excluded. For the purpose
affirmative vote of a majority of the members of the       of this section, property and facilities shall not pertain
Board constituting a quorum present and voting at the      to the municipal golf course and clubhouse.
meeting shall be necessary for the transaction of any      (Ord. 568, passed 12-20-1993)
business.

    (D) Removal of members. The City Council,              § 31.14 PLANNING COMMISSION.
upon the recommendation of the Board, shall have
the                                                            The Planning Commission is created in §
power to remove any member of the Board for                150.139(A) and shall also be the Board of
misconduct, neglect of or inattention to his or her        Adjustment and Appeals, and have all of the duties
Board duties and/or failure to attend meetings.            provided for by M.S. §§ 462.351 to 362.365, as they
                                                           may be amended from time to time.
     (E) Powers and advisory duties.

           (1) Adoption of policy and procedures.          § 31.15 AIRPORT BOARD.
The Board shall make and adopt policies and
procedures as are necessary for the performance of its         The Airport Board is hereby continued. It shall
duties, for their guidance and for the management of       have the powers and duties provided for in Chapter
all municipal property and facilities set aside for park   154. It shall be composed of three members
and recreation purposes. The policies and procedures       appointed for two-year terms expiring in January of
shall be submitted to and approved by the City             2002, 2003, and 2004. The members shall be
Council.
20                                        Ortonville - Administration


appointed by the Mayor and confirmed by the
Council and shall serve until the appointment of their
successors are confirmed.


§ 31.16 AMBULANCE BOARD.

     An Ambulance Board is hereby created to advise
the Council on matters pertaining to ambulance
service within the community. The Board shall
consist of three members appointed by the Mayor and
confirmed by the Council for two-year terms,
expiring in January of even-numbered years.


§ 31.17 TELECOMMUNICATIONS BOARD.

     A Telecommunications Board is hereby created
to advise the Council on telecommunications matters.
The Board shall consist of five members appointed by
the Mayor and confirmed by the Council for two-year
terms expiring in January of even-numbered years.
Section

    32.01     Regular meetings                              (B) Pursuant to M.S. § 471.705, as it may be
                                      CHAPTER 32: CITY COUNCIL
    32.02     Special meetings                         amended from time to time, written notice of any
                                                       special meeting shall be posted giving the date, time,
                                                       place, and purpose of the meeting at least three days
§ 32.01 REGULAR MEETINGS.                              before the meeting. Written notice shall be mailed at
                                                       least three days before the meeting to anyone who has
      Regular meetings of Council shall be held on the filed a written request for notice of special meetings.
first and third Mondays in each month at 7:00 p.m.     In calculating the three days, if the last day falls on a
(Ord. 172, passed 12-18-1944; Am. Ord. 382, passed     Saturday, Sunday or legal holiday, the next regular
12-16-1974; Am. Ord. 481, passed 2-21-1984; Am.        business day shall be counted as the third day.
Ord. 94-578, passed 6-6-1994)                          (Ord. 172, passed 12-18-1944; Am. Ord. 382, passed
                                                       12-16-1974; Am. Ord. 481, passed 2-21-1984; Am.
                                                       Ord. 94-578, passed 6-6-1994)
§ 32.02 SPECIAL MEETINGS.

      (A) Special meetings may be called by the
Mayor or any three members of the Council by
written notice of one day to each of the members to
be delivered to them personally or left at their usual
place of abode, which notice shall contain a statement
of the business for which the meeting is called and no
other business shall be transacted at the special
meeting except such as is designated in the notice.
Whenever all members of the Council are present at
any special meeting by unanimous consent, any
business can be transacted which could be transacted
at a regular meeting and any defect as to notice my be
waived.




                                                         21
22   Ortonville - Administration
Section

     33.01    Disbursement of funds                regular employees or laborers, and any other fixed
                                       CHAPTER 33: FINANCES
     33.02    Purchases and contracts              charges which have been previously duly and
     33.03    Execution of instruments             regularly authorized.

                                                               (B) (1) Any public officer or other person who
§ 33.01 DISBURSEMENT OF FUNDS.                            is authorized singly or in conjunction with another or
                                                          others to sign checks, drafts, warrants, warrant-
     (A) (1) All disbursements shall be made by           checks, vouchers or other orders on public funds on
order signed by the Mayor and the City Clerk/             deposit in a depository bank may, upon resolution
Administrator, duly authorized by the Council, and        duly passed by the City Council, authorize the bank
every order shall specify the purpose for which the       to honor any instrument bearing a facsimile of his or
disbursement is made, and indicate that it is to be       her signature and to charge the same to the account
paid out of the proper fund. But no order shall be        upon which drawn, as fully as though it bore his or
paid until there is money to and credit of the fund out   her manually written signature.
of which it is to be paid sufficient to pay the same,
together with all the then outstanding encumbrances                 (2) Instruments so honored shall be wholly
upon the fund.                                            operative and binding in favor of the bank although
                                                          the facsimile signature shall have been affixed
           (2) No claim against the city shall be         without authority of the officer or other person. Any
allowed, except as otherwise provided in this code,       one or more or all of the signatures upon any
unless accompanied by an itemized bill and voucher,       instrument may be facsimiles as herein provided.
payroll or time sheet signed by the responsible officer
who has personal knowledge of the facts in the case            (C) If the City Council, by resolution,
and certifies as to the correctness and reasonableness    authorizes the use of facsimile signatures approving
of the claim; provided, however, that the Council may     the action of the public officer or other person in the
provide for the regular payment without specific          use of the facsimile signatures, the city shall have
individual authorization or filing of itemized bill and   insured with an insurance company authorized to do
voucher payroll or time sheet or salaries and wages of    business in this state, in an amount and form as the
                                                          City Council


     23
24                                         Ortonville - Administration


approves, against the loss of any public funds             Council from contracting for the doing of work with
withdrawn upon unauthorized use of the facsimile           patented processes or from purchasing patented
signature. Upon adoption of the resolution and             appliances.
acquisition of the insurance, the public officer or        (Ord. 172, passed 12-18-1944; Am. Ord. 382, passed
other person shall not be personally liable for loss, if   12-16-1974; Am. Ord. 481, passed 2-21-1984; Am.
any, resulting from the use of any facsimile signature,    Ord. 94-578, passed 6-6-1994)
unless the loss occurs by reason of his or her own
wrongful act.
(Ord. 172, passed 12-18-1944; Am. Ord. 382, passed         § 33.03 EXECUTION OF INSTRUMENTS.
12-16-1974; Am. Ord. 481, passed 2-21-1984; Am.
Ord. 94-578, passed 6-6-1994)                                   (A) All contracts, bonds and instruments of
                                                           every kind to which the city is a party shall be signed
                                                           by the Mayor on behalf of the city, and attested by the
§ 33.02 PURCHASES AND CONTRACTS.                           City Clerk/Administrator, and shall be executed in the
                                                           name of the city.
     (A) The City Clerk/Administrator shall be the
chief purchasing agent of the city. All purchases on            (B) Facsimile signatures may be used, but only
behalf of the city shall be made by the City Clerk/        in conjunction with the execution of checks, drafts,
Administrator subject to the approval of the Council.      warrants, warrant-checks, vouchers or other orders on
Approval must be given in advance whenever the             public funds on deposit in a depository bank, and
amount of purchase or contract exceeds $1,000.             only as authorized.
                                                           (Ord. 172, passed 12-18-1944; Am. Ord. 382, passed
     (B) In all cases of work to be done by contract       12-16-1974; Am. Ord. 481, passed 2-21-1984; Am.
or of the purchase of personal property of any kind,       Ord. 94-578, passed 6-6-1994)
other than purchases for the emergency purchases for
the Public Works Department as provided in Chapter
3, Section 3.05 of the City Charter, where the amount
involved is over $50,000, unless the Council shall by
emergency ordinance otherwise provide, the City
Clerk/Administrator shall advertise for bids by two-
weeks’ published notice in the official newspaper and
awards shall be made by resolution of the Council
and shall be let to the lowest responsible bidder. The
Council may, however, reject any or all bids.
Nothing contained in this section shall prevent the
Section

    34.01      Official newspaper                          (C) If there be no outstanding indebtedness,
                                      CHAPTER 34: CITY POLICIES
    34.02      Sale of real estate                   then the Council may, by a resolution adopted by a
    34.03      Vacation of streets                   five-sevenths vote, designate some other public use
    34.04      Reimbursement for certain fire and    for the proceeds.
               ambulance protection services         (Ord. 172, passed 12-18-1944; Am. Ord. 382, passed
                                                     12-16-1974; Am. Ord. 481, passed 2-21-1984; Am.
                                                     Ord. 94-578, passed 6-6-1994)
§ 34.01 OFFICIAL NEWSPAPER.                          Cross-reference:
                                                           Real Estate Transactions, see T.S.O. Table IV
     The Council shall annually designate a legal
newspaper of general circulation in the city as the
official newspaper in which shall be published       § 34.03 VACATION OF STREETS.
measures and matters whatsoever which require
publication either by the law of the state, the City       No street or alley within the city shall be
Charter or ordinances of the city.                   discontinued, except by ordinance approved by five-
(Ord. 172, passed 12-18-1944; Am. Ord. 382, passed   sevenths of the Council. A record of the vacation
12-16-1974; Am. Ord. 481, passed 2-21-1984; Am.      shall be made in the office of the County Recorder of
Ord. 94-578, passed 6-6-1994)                        the county, as provided.
                                                     (Ord. 172, passed 12-18-1944; Am. Ord. 382, passed
                                                     12-16-1974; Am. Ord. 481, passed 2-21-1984; Am.
§ 34.02 SALE OF REAL ESTATE.                         Ord. 94-578, passed 6-6-1994)
                                                     Cross-reference:
     (A) No real property of the city shall be             Street Vacations, see T.S.O. Table VII
disposed of except by ordinance.

     (B) The proceeds of any sale shall be used as       § 34.04 REIMBURSEMENT FOR CERTAIN
far as possible to retire any outstanding indebtedness   FIRE AND AMBULANCE PROTECTION
incurred by the city in purchase, construction or        SERVICES.
improvement of this or other property used for the
same public purpose.                                          (A) The city may bill and collect in accordance
                                                         with the Fire and Ambulance Fee Schedule certain
                                                         sums to recoup costs of providing fire and rescue
                                                         services, the City Fire and Ambulance Department’s
                                                         area of service (“Benefited Area”) in the following
                                                         instances:


2004 S-2
26                                         Ortonville - Administration


          (1) Medical and rescue calls;

          (2) Hazardous material spills;

           (3) Responses to fire calls to or for
railroads right-of-way including but not limited to
grass fires;

           (4) To other governmental entities within
the Benefited Area which do not contract with the
city for fire and rescue protection services;

          (5) Fire and rescue calls to the extent
services are provided.

    (B) The City Council may, by resolution,
amend the fee schedule from time to time.
(Ord. 03-06, passed 10-6-2003)
2004 S-2
                     TITLE VII: TRAFFIC CODE

           Chapter

                     70. GENERAL PROVISIONS

                     71. TRAFFIC REGULATIONS

                     72. PARKING RULES

                     73. BICYCLES AND RECREATIONAL VEHICLES

                     74. SNOWMOBILES

                     75. TRAFFIC SCHEDULES

                     76. PARKING SCHEDULES




                                1
2008 S-5
2   Ortonville - Traffic Code
Section

     70.01                        CHAPTER 70: GENERAL PROVISIONS POLICE DEPARTMENT.
               State regulations adopted           § 70.02 DUTIES OF
     70.02     Duties of Police Department
                                                        (A) The Police Department shall enforce the
     70.99     Penalty                             provisions of this code and the state traffic laws.

                                                                   (B) (1) Police officers are authorized to direct
§ 70.01 STATE REGULATIONS ADOPTED.                           all traffic within the city, either in person or by means
                                                             of visible or audible signal, in conformity with this
     The city does hereby adopt in their entirety, the       chapter and the state traffic laws.
following:
                                                                       (2) During a fire or other emergency or to
     (A) M.S. Chapter 170, Safety Responsibility             expedite traffic or safeguard pedestrians, officers of
Act, as it may be amended from time to time;                 the Police Department may direct traffic as conditions
                                                             require notwithstanding the provisions of this chapter
     (B) M.S. Chapter 171, Drivers License Law, as           and the state traffic laws.
it may be amended from time to time;
                                                                        (3) Officers of the Fire Department may
     (C) M.S. Chapter 168, Vehicle Registration, as          direct or assist the police in directing traffic at the
it may be amended from time to time;                         scene of a fire or in the immediate vicinity.
                                                             (Ord. 509, passed 12-7-1987)
     (D) M.S. §§ 221.011 through 221.296 and §§
221.60 through 221.68, as they may be amended from
time to time; and
                                                             § 70.99 PENALTY.
     (E) M.S. §§ 84.86, 609.21, 609.55 and 609.68,
as they may be amended from time to time.                         Any person violating any provision of this code
(Ord. 357, passed 9-18-1972)                                 for which no specific penalty is prescribed shall be
                                                             subject to the penalty of § 10.99.




                                                         3
4   Ortonville - Traffic Code
Section

     71.01                        CHAPTER 71: TRAFFIC REGULATIONS
               Unreasonable acceleration                       (2) The Chief of Police shall mark by
     71.02     Turning restrictions                 appropriate signs any intersection so designated. No
     71.03     Through and one-way streets          intersection on a trunk highway shall be so designated
     71.04     Truck restrictions                   until the consent of the Commissioner of
     71.05     Seasonal weight restrictions         Transportation to the designation is first obtained.
     71.06     All-terrain vehicles
     71.07     State highway traffic regulations         (B) No person shall turn a vehicle at any
               adopted by reference                 intersection contrary to the directions on the signs.
                                                    (Ord. 509, passed 12-7-1987) Penalty, see § 70.99

§ 71.01 UNREASONABLE ACCELERATION.
                                                                 § 71.03 THROUGH AND ONE-WAY STREETS.
     (A) No person shall start or accelerate any
motor vehicle with unnecessary acceleration of speed                  (A) The Council, by resolution, may designate
on any public or private way within the city.                    any street or portion of street as a through highway or
                                                                 a one-way roadway where necessary to preserve the
    (B) Prima facie evidence of unnecessary                      free flow of traffic or to prevent accidents.
exhibition of speed shall be squealing or screeching
sounds emitted by the tires or the throwing of sand or                (B) The Public Works Director shall post
gravel by tires of the vehicle.                                  appropriate signs at the entrance to the street. No
(Ord. 389, passed 9-2-1975) Penalty, see § 70.99                 trunk highway shall be so designated unless the
                                                                 consent of the Commissioner of Transportation to the
                                                                 designation is first secured.
§ 71.02 TURNING RESTRICTIONS.                                    (Ord. 509, passed 12-7-1987)

     (A) (1) The City Council, by resolution, may,
whenever necessary to preserve a free flow of traffic,           § 71.04 TRUCK RESTRICTIONS.
or to avoid accidents, designate any intersection as
one where the turning of vehicles to the left or to the               The City Council, by resolution, may designate
right, or both, or any U-turns, is to be restricted at all       streets on which travel by commercial vehicles in
times or during specified hours.                                 excess of 10,000 pounds gross weight is prohibited.




                                                             5
6                                            Ortonville - Traffic Code


The Public Works Director shall erect appropriate           to, school grounds, park property, playgrounds, golf
signs on the streets. No person shall operate a             courses and recreation areas, except as may be
commercial vehicle on the posted streets in violation       authorized by resolution of the City Council.
of these restrictions.
(Ord. 509, passed 12-7-1987) Penalty, see § 70.99                (D) No person shall operate an all-terrain
                                                            vehicle on the privately owned property of another
                                                            unless prior authorization or permission is obtained
§ 71.05 SEASONAL WEIGHT RESTRICTIONS.                       from the owner or lessee, if there be one.

     (A) The Public Works Director may prohibit the               (E) Minnesota Statutes §§ 84.92 to 84.929, and
operation of vehicles upon any street under his or her      all of the provisions thereof, are hereby adopted by
jurisdiction or impose weight restrictions on vehicles      reference and made a part hereof as fully and
to be operated on the street whenever the street, by        completely as though set forth herein in full.
reason of deterioration, rain, snow or other climatic       (Ord. 509, passed 12-7-1987; Am. Ord. 2007-001,
conditions, will be seriously damaged or destroyed          passed 7-2-2007) Penalty, see § 70.99
unless the use of vehicles on the street is prohibited or
the permissible weights thereof reduced. He or she
shall erect and maintain signs plainly indicating the       § 71.07 STATE HIGHWAY TRAFFIC
prohibition or restriction at each end of that portion of   REGULATIONS ADOPTED BY REFERENCE.
the street affected.
                                                                  (A) The Highway Traffic Regulations Act is
      (B) No person shall operate a vehicle on a            hereby adopted by reference.             The regulatory
posted street in violation of the prohibition or            provisions of M.S. Chapter 169, as it may be
restriction.                                                amended from time to time, are hereby adopted as a
(Ord. 509, passed 12-7-1987) Penalty, see § 70.99           traffic ordinance regulating the use of highways,
                                                            streets and alleys within the city and are hereby
                                                            incorporated in and made a part of this section as
§ 71.06 ALL-TERRAIN VEHICLES.                               completely as if set out in full herein.

     (A) No Class 1 all-terrain vehicle, as defined by           (B) The penalty for violation of the provisions
M.S. § 84.92, shall be permitted to be operated on the      of state statutes adopted by reference in this section
public streets or public rights-of-way within the city.     shall be identical with the penalty provided for in the
                                                            statues for the same offense.
     (B) Class 2 all-terrain vehicles, as defined by
M.S. § 84.92, may be operated on the public streets or
public rights-of-way within the city provided the
owner and the person operating the Class 2 all-terrain
vehicle is in full compliance with M.S. §§ 84.92 to
84.929 and the rules adopted pursuant to M.S. §
84.924.

      (C) No person shall operate an all-terrain
vehicle on any publicly owned land, including, but
not limited
2008 S-5
Section

    72.01       Definitions                          temporarily for the
                                       CHAPTER 72: PARKING RULES purpose of, and while actually
    72.02       Method of parking designated         engaged in, receiving or discharging passengers or
    72.03       No-parking zones                     loading or unloading merchandise, or in obedience to
    72.04       Time limits                          traffic regulations, signs or signals or an involuntary
    72.05       Vehicle removal; impounding          stopping of the vehicle by reason of causes beyond
    72.06       Truck zones; loading zones           the control of the operator of the vehicle.
    72.07       Winter restrictions
                                                           STREET. Any street, avenue, alleyway or other
                                                     public way in the city.
§ 72.01 DEFINITIONS.
                                                           VEHICLE. Every device in, upon or by which
     For the purpose of this chapter, the following  any person or property is or may be transported or
definitions shall apply unless the context clearly   drawn upon a highway, except devices moved by
indicates or requires a different meaning.           human power or used exclusively upon stationary
                                                     rails or tracks.
     IMPOUNDMENT. Removal of a vehicle to a          (Ord. 94-584, passed 10-17-1994)
storage facility or impound lot by a contractor for
towing in response to an authorization from a Police
Officer or agent authorized by the city.             § 72.02 METHOD OF PARKING
                                                     DESIGNATED.
     OPERATOR. Every individual who shall
operate a vehicle as the owner thereof, or as the          (A) The City Council may, by resolution,
agent, employee or permittee of the owner or any     designate certain streets for angle parking. On any
individual who is in actual physical control of a    designated street, every vehicle shall be parked with
vehicle.                                             the front of the vehicle facing the curb or the edge of
                                                     the traveled portion of the street at an angle of
     OWNER. Any person, firm, partnership,           approximately 45 degrees and facing between the
association or corporation owning or renting a motor painted or other marking on the curb of the street
vehicle.                                             indicating the parking space.

    PARK or PARKING. The standing of a vehicle,
whether occupied or not upon a street, otherwise than

                                                        7
8                                           Ortonville - Traffic Code


     (B) On all other streets, cars shall be parked       designated. During the hours specified on the sign,
parallel to the curb or edge of the roadway in            no person shall park a vehicle in any limited parking
accordance with law.                                      zone for a longer period than is so specified.
(Ord. 509, passed 12-7-1987) Penalty, see § 70.99
                                                               (B) No vehicle shall be parked upon a public
                                                          street in any one place for a longer continuous period
§ 72.03 NO-PARKING ZONES.                                 than 24 hours.
                                                          (Ord. 509, passed 12-7-1987) Penalty, see § 70.99
     (A) (1) The City Council, by resolution, may
designate certain streets or portions of streets as no
parking or no stopping or standing zones, and may         § 72.05 VEHICLE REMOVAL; IMPOUNDING.
limit the hours in which the restrictions apply.
                                                               (A) (1) Any Police Officer may have a vehicle
         (2) The Public Works Director shall mark         removed from a street to a garage or other place of
by appropriate signs each zone so designated.             safety when the vehicle is left unattended and
                                                          constitutes an obstruction to traffic or hinders snow
          (3) Except when necessary to avoid              removal or street improvement or maintenance
conflict with other traffic or in compliance with the     operations.
directions of a Police Officer or a traffic control
device, no person shall stop or park a vehicle in an                (2) Any vehicle, trailer or object
established no-stopping or standing zone when             remaining on a public street for a longer period of
stopping or standing is prohibited.                       time as set forth by the City Council by resolution
                                                          and/or remaining on a public street for a longer
     (B) No vehicle shall be parked in a no-parking       continuous period of time than 24 hours, shall be
zone during hours when parking is prohibited, except      subject to the power of the police to remove the
that a vehicle may be parked temporarily in a zone for    vehicle and impound same until the charge for towing
the purpose of forming a funeral procession and a         or moving and any other costs incidental thereto are
truck may be parked temporarily during the business       paid by the owner.
day for the purpose of loading or unloading where
access to the premises is not otherwise available.              (B) The City Council shall have a right to enter
(Ord. 509, passed 12-7-1987) Penalty, see § 70.99         into agreements with commercial towing concerns for
                                                          the towing of illegally parked vehicles, trailer or
                                                          removable objects on the city streets in violation of
§ 72.04 TIME LIMITS.                                      this code. Any company with which the city
                                                          contracts must submit at the time of execution of the
     (A) The City Council may, by resolution,             contract liability and property insurance coverage and
designate certain areas where the right to park is        an adequate storage facility for the impounding of the
limited during hours specified. The Public Works          property. The vehicle, trailer or movable property so
Director shall mark by appropriate signs each zone so     impounded may be retained for a period of not to
                                                                                                   Parking Rules 9


exceed 60 days, after which time the city shall have                 (7) When the person driving, operating or
the right to sell by following the provisions of the law   in physical control of the vehicle is taken into custody
relating to abandoned vehicles, M.S. Chapter 168B          and the vehicle is impounded for safekeeping;
and Minn. Rules Chapter 7035, as they may be
amended from time to time, at public auction the                     (8) When a Police Officer or other agent
property and deduct therefrom the expenses of towing       authorized by the city has probable cause to believe
and impounding and any balance remaining paid into         that the owner, driver, operator or person in physical
the treasury of the city.                                  control of the vehicle has failed to respond to five or
                                                           more citations for parking or traffic offenses; or
    (C) A vehicle may be impounded with or
without citation and without giving notice to its                    (9) When the vehicle is parked in a
owner only under the following circumstances:              handicap zone when the vehicle does not properly
                                                           display a handicapped parking permit.
         (1) When a vehicle is impeding or is likely
to impede the normal flow of vehicular or pedestrian            (D) A vehicle not impounded under division (C)
traffic;                                                   above may be impounded after notice of the proposed
                                                           impoundment has been securely attached to and
          (2) When the vehicle is illegally parked in      conspicuously displayed on the vehicle for a period of
any zone where the vehicle is interfering with the         72 hours prior to the impoundment, excluding
proper and intended use of the zones, or is parked         Saturdays, Sundays and city holidays, for the
where prohibited by law or by temporary or                 following reasons:
permanent signs during certain hours, on designated
days, or at all times;                                                (1) When the vehicle is parked and/or used
                                                           in violation of any law, ordinance or regulation;
          (3) When the vehicle poses an immediate
danger to the public safety;                                         (2) When the vehicle is abandoned or
                                                           lacking vital component parts essential to the
         (4) When the vehicle is parked in violation       mechanical functioning of the vehicle, including but
of snow regulations;                                       not limited to the motor, drive train and wheels; or

          (5) When a Police Officer or other agent                   (3) When the vehicle is so mechanically
authorized by the city has probable cause to believe       defective as to be unsafe for operation; provided,
that the vehicle is stolen or lacks proper registration;   however, that this section shall not be construed to
                                                           prevent the removal of any defective vehicle to a
          (6) When a Police Officer or other               place for correction of equipment defects in the
authorized agent has probable cause to believe that        manner directed by any Police Officer.
the vehicle constitutes evidence of a crime or contains
evidence of a crime, if impoundment is reasonably               (E) (1) Not more than 72 hours after
necessary in the instance to obtain or preserve the        impoundment of any vehicle, the designee of the city
evidence;                                                  shall mail a notice to the registered owner of the
10                                         Ortonville - Traffic Code


vehicle, as may be disclosed by the vehicle license      vehicle. The impound lot shall accept cash, major
number, if obtainable, and to any other person,          bank credit cards, certified bank drafts, money orders
including lienholders, who claims the right to           and personal checks in payment for the costs. If a
possession of the vehicle, if a claim is known. The      personal check is offered for the costs, the person so
notice shall be mailed to the registered owner at the    offering the same may be required to show evidence
address provided by the motor vehicle division of the    of identity by two pieces of identification which may
Minnesota Department of Public Safety or the             include a driver’s license, state identification card,
corresponding agency of any other state or province.     other credit cards or similar forms of identification.
If the person mailing the notice has reason to believe   If there is a reasonable cause to believe the tendered
that an owner, or one who claims to be an owner, is      check is uncollectible, acceptance of the check may
residing or in custody at some different address, a      be refused; and
copy of the notice shall also be mailed or personally
delivered to the owner or claimant in a manner                         (b) Upon the order of any court of
designed, as nearly as may be practicable, to give       competent jurisdiction.
actual notice to him or her. The notice shall contain
the full particulars of the impoundment, redemption                (2) Towing and storage charges shall be
and opportunity for a hearing to test the propriety of   assessed against vehicles impounded as stolen
the impoundment as hereinafter provided. If a            vehicles and vehicles impounded for law enforcement
vehicle is redeemed prior to the mailing of notice,      investigatory purposes.
then notice need not be mailed. Saturdays, Sundays
and city holidays are to be excluded from the                      (3) Vehicles which are not redeemed are
calculation of the 72-hour period.                       subject to sale.

          (2) Similar notice shall be given to each           (G) Each towing and storage service business
person who seeks to redeem an impounded vehicle by       that enters into a contract with the city under this
posting in a conspicuous place at the impound lot a      code shall carry liability, property damage and fire
sign describing redemption procedures and the right      insurance, which shall contain coverage in the
to a hearing to test the propriety of the impoundment.   amount of not less than $300,000 to any one person
                                                         and not less than $1,000,000 total in any one
     (F) (1) Only the registered owner, a person         accident, and not less than $50,000 fire and property
authorized by the registered owner, a lienholder of      damage coverage, and which shall contain a clause
record, or one who has purchased a vehicle from the      providing for a ten-day notice to the city before
registered owner, who produces proof of ownership        cancellation; and to file evidence of the cancellation
or authorization, may redeem an impounded vehicle.       of coverage with the provisions hereof shall
Impounded vehicles may be redeemed under the             automatically cancel the contract as of the date of
following circumstances:                                 cessation of the liability, property damage and fire
                                                         insurance. In any event the city shall be held
               (a) Upon payment at the impound lot       harmless and shall not be liable for any damage to a
of the towing and storage costs prior to redeeming the   vehicle towed and/or stored under the provisions
                                                         herein contained. It shall also be a
                                                                                                     Parking Rules 11


condition of the contract, that the contractor agrees to          (E) No person shall allow a semi-trailer to stand
defend, hold harmless and indemnify the city and all         or be parked unattached from a tractor unit for any
city employees from any liability in connection with         length of time on any street in the city except in an
the services provided under the contract.                    emergency in order to change tractors.
(Ord. 509, passed 12-7-1987; Am. Ord. 94-584,
passed 10-17-1994)                                                (F) The Council may by resolution establish
                                                             “No Truck Parking” zones in the business district and
                                                             the Public Works Director shall mark by appropriate
§ 72.06 TRUCK ZONES; LOADING ZONES.                          signs any zones so established. The zones shall be
                                                             established in the business district where heavy traffic
     (A) The City Council may by resolution                  by trucks or other traffic congestion makes parking
establish spaces in streets as loading zones or truck        by trucks a hazard to the safety of vehicles or
zones. The Public Works Director shall mark each             pedestrians.
zone by appropriate signs.                                   (Ord. 509, passed 12-7-1987) Penalty, see § 70.99

     (B) During truck zone hours, no person shall
stop, stand or park any vehicle except a truck in a          § 72.07 WINTER RESTRICTIONS.
truck zone. No person shall stop, stand or park a
truck in a truck zone during truck zone hours except               No person, except physicians on emergency calls
to receive or discharge passengers or freight and then       or other emergency personnel, shall park any vehicle
only for a period no longer than is necessary for the        on any street, alley or avenue in the city between
purpose.                                                     November 1 and April 1 after a snowfall with an
                                                             accumulation of two inches or more of snow.
      (C) During loading zone hours, no person shall         Parking may be resumed on individual streets and
stop, stand or park any vehicle in a loading zone            avenues as soon as the snow has been removed from
except to receive or discharge passengers or freight         these streets and avenues except as may be otherwise
and then only for a period no longer than is necessary       restricted by other ordinances.
for the purpose. No person shall occupy a loading            (Ord. 509, passed 12-7-1987; Am. Ord. 94-584,
zone with a vehicle other than a truck for more than         passed 10-17-1994) Penalty, see § 70.99
five minutes during the hours.

     (D) Any person desiring the establishment of a
loading zone or truck zone abutting premises
occupied by him or her shall make written application
therefor to the City Council. If the City Council
grants the request, the proper city officer shall bill the
applicant for the estimated cost of placing signs and
of painting the curb. When the amount is paid to the
City Treasurer, the Public Works Director shall install
the necessary signs and paint the curb.
12   Ortonville - Traffic Code
Section

                    CHAPTER 73:                   § 73.03 IMPOUNDMENT.
                 General Provisions BICYCLES AND RECREATIONAL VEHICLES

     73.01     License required; procedure                          (A) If any bicycle is found in any public street,
     73.02     Parental responsibility                        highway, boulevard, sidewalk or pathway or in any
     73.03     Impoundment                                    public park or school grounds without a proper
                                                              license plate, tag or sticker, it shall be prima facie
                      Golf Carts                              evidence that the bicycle is being operated without
                                                              having been licensed or registered. The bicycle shall
     73.10     Golf carts                                     be impounded and shall not be surrendered except
                                                              upon satisfactory proof of ownership and payment of
              Off-highway Motorcycles                         the license fee herein provided for and an impounding
                                                              fee of $1.
     73.20     Off-highway motorcycles
                                                                   (B) At the expiration of 60 days after the
                                                              impounding, each bicycle which has not been claimed
                                                              shall be sold at public auction.
             GENERAL PROVISIONS                               (Ord. 265, passed 9-17-1962)


§ 73.01 LICENSE REQUIRED; PROCEDURE.
                                                                                 GOLF CARTS
      No person shall ride or propel a bicycle upon
any street or other public highway in the city without
first having secured and attached to the bicycle a            § 73.10 GOLF CARTS.
proper license issued by the State of Minnesota.
(Ord. 265, passed 9-17-1962) Penalty, see § 70.99                  (A) The operation of motorized golf carts on
                                                              designated public roadways within the city by
                                                              persons having a valid permit issued by the city is
§ 73.02 PARENTAL RESPONSIBILITY.                              hereby authorized. The designated public roadway for
                                                              any permit shall be the most direct route from the
     It is unlawful for the parent of any minor child         place where the motorized golf cart is garaged to the
and the guardian of any ward to authorize or                  golf course.
knowingly permit his or her child or ward to violate
any provision of this chapter.                                     (B) Persons wishing to operate a motorized golf
(Ord. 265, passed 9-17-1962) Penalty, see § 70.99             cart on public roadways must first obtain a permit
                                                              from the City Clerk/Administrator. The City Council
                                                              may, by resolution, establish a fee for the issuance of

                                                         13
2008 S-5
14                                          Ortonville - Traffic Code


motorized golf cart permits. The maximum duration         M.S. § 169.345, subd. 2, that qualifies for a certificate
of any permit hereunder is one year and all permits       allowing the person to park in handicapped parking
shall expire on December 31 of the year of issuance.      space.

      (C) Application forms for permits shall be                (D) The city shall grant a permit to applicants
obtained from the office of the City                      satisfactorily providing all of the information required
Clerk/Administrator. The application shall include at     by this subchapter. The permit shall identify the
least the following information:                          persons who are authorized to operate the motorized
                                                          golf cart under the permit and the approved route
          (1) Date of application;                        from the place where the motorized golf cart is
                                                          garaged to the golf course.
          (2) Full name and address of applicant and
any other persons to be authorized under the permit;           (E) Persons operating motorized golf carts on
                                                          public roadways must comply with the following
          (3) Full name and address of the owner of       regulations:
the golf cart if different from the applicant;
                                                                     (1) The operator must possess a valid
          (4) Make, model and identification or           driver's license issued by the State of Minnesota or
serial number of the motorized golf cart to operated      some other state or foreign country;
under the permit;
                                                                    (2) A person operating a motorized golf
           (5) A written description of the route         cart by permit must be named in the permit and have
which the applicant or other authorized person            the permit in his or her possession when operating the
proposes to take from the place where the motorized       motorized golf cart on public roadways and shall
golf cart is garaged to the golf course where applicant   produce it upon request of a peace officer;
or other authorized person intends to use the
motorized golf cart;                                               (3) The motorized golf cart may be
                                                          operated only between sunrise and sunset;
         (6) Sufficient evidence of insurance
complying with the provisions of M.S. § 64B.48,                      (4) The motorized golf cart shall not be
subd. 5.                                                  operated in inclement weather or when visibility is
                                                          impaired by weather, smoke, fog, or other conditions,
          (7) A photo copy of the driver's license of     or at any time when there is insufficient light to
the applicant and any other persons to be authorized      clearly see persons and vehicles on the roadway at a
under the permit; and                                     distance of 500 feet;

           (8) If the applicant or other person to be              (5) Motorized golf carts shall display the
authorized under the permit is a physically disabled      slow moving vehicle emblem provided for in M.S. §
person, a certificate signed by a licensed physician      169.522;
stating that the disabled person is able to operate a
motorized golf cart on public roadways. Under this                   (6) The operator, under permit, of a
section, the term PHYSICALLY DISABLED                     motorized golf cart may cross any street or highway
PERSON shall mean a person meeting the criteria in        intersecting the designated roadway;
2008 S-5
                                        Bicycles and Recreational Vehicles                                    14A


           (7) Every person operating a motorized                  OFF-HIGHWAY MOTORCYCLES
golf cart on a designated roadway under permit has
all of the rights and duties applicable to the driver of
any other vehicle under the provisions of M.S.             § 73.20 OFF-HIGHWAY MOTORCYCLES.
Chapter 169, except when those provisions cannot be
reasonably applied to motorized golf carts;                     (A) No person shall operate an off-highway
                                                           motorcycle, as defined by M.S. § 84.787, unless such
           (8) The provisions of M.S. Chapter 171          vehicle is equipped with a muffler, silencer or other
are not applicable to persons operating motorized golf     device that limits sound emissions to the minimum
carts under permit on designated roadways. Except          noise necessary for operating the vehicle, and no
for requirements of M.S. § 169.70, relating to             person shall use a muffler cut-out, by-pass, or similar
rearview mirrors, the provisions of M.S. Chapter 169       device on said vehicles. In all cases, sound emissions
relating to equipment on vehicles is not applicable to     from off-highway motorcycles shall be limited to a
motorized golf carts operating under permit on             maximum of 96 dbA if manufactured on or after
designated roadways; and                                   January 1, 1998, and not more than 99 dbA if
                                                           manufactured prior to January 1, 1998, when
           (9) No person shall operate a motorized         measured from a distance of 20 inches using test
golf cart on public sidewalks.                             procedures established by the Society of Automotive
                                                           Engineers under standard J-1287, as applicable.
     (F) A violation of the requirement of this
subchapter is a misdemeanor punishable by up to 90              (B) No person shall operate an off-highway
days in jail, a fine up to $1,000, or both.                motorcycle on any publicly owned land, including,
                                                           but not limited to, school grounds, park property,
    (G) In addition to any criminal sanctions, the         playgrounds, golf courses and recreation areas, except
permit may be revoked if any of the following              as may be authorized by resolution of the City
conditions occur:                                          Council.

           (1) The city is notified by any court that a         (C) No person shall operate an off-highway
permit holder was convicted of violating a state or        motorcycle on the privately owned property of
federal traffic law other than a parking ticket while      another unless prior authorization or permission is
operating the motorized golf cart;                         obtained from the owner or lessee, if there be one.
                                                           (Ord. 2007-04, passed 7-16-2007) Penalty, see §
         (2) The City Council determines that a            70.99
permit holder has violated any requirements or
conditions contained in this subchapter.

         (3) An applicant is found to have made a
fraudulent representation in a permit application;
and/or

           (4) The city is notified by a physician that
the permit holder can no longer operate the motorized
golf cart safely.
(Ord. 2007-002, passed 7-2-2007)
2008 S-5
14B   Ortonville - Traffic Code
Section                                                  PRINCIPAL BUSINESS DISTRICT. The area
                                                    lying between First Street and Third Street,
     74.01    Definitions                           Washington Avenue and Jackson Avenue.
                                      CHAPTER 74: SNOWMOBILES
     74.02    Operation regulations
     74.03    Designated routes                                 SNOWMOBILE. A self-propelled vehicle
     74.04    Events and shopping                          designed for travel on snow or ice or a natural terrain
     74.05    Adopted by reference                         steered by sheers, skis or runners.

                                                                STREET. Any public roadway including
§ 74.01 DEFINITIONS.                                       streets, highways and alleys.
                                                           (Ord. 565, passed 12-6-1993)
     For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.                 § 74.02 OPERATION REGULATIONS.

    COMMISSIONER. The Commissioner of                           (A) It shall be unlawful for any person to drive
Natural Resources acting directly or through his           or operate any snowmobile in the following unsafe or
authorized agent.                                          harassing ways:

    OPERATE. To ride in or on and control the                         (1) At a rate of speed greater than
operation of a snowmobile.                                 reasonable or proper under all the surrounding
                                                           circumstances and, in any event, operated within the
     OPERATOR. Every person who operates or is             city at a speed greater than 20 miles per hour;
in actual physical control of a snowmobile.
                                                                     (2) In a careless, reckless or negligent
      OWNER. A person, other than a lien holder,           manner so as to endanger the person or property of
having the property in or title to a snowmobile            another or to cause injury or damage thereto;
entitled to the use or possession thereof.
                                                                     (3) While under the influence of
     PERSON. An individual, partnership,                   intoxicating liquor or narcotics or habit forming
corporation, the state and its agencies and                drugs;
subdivisions, and any body of persons, whether
incorporated or not.




                                                      15
16                                            Ortonville - Traffic Code


          (4) Without a lighted head and tail light                    (3) No snowmobile shall be operated
when required for safety and registration numbers as         within the city unless it is equipped with at least one
required by state statute;                                   head lamp and one tail lamp and with brakes that
                                                             conform to the standards prescribed by rule of the
          (5) In any public park, public and/or              Commissioner.
school playground;
                                                                       (4) No person shall operate a snowmobile
           (6) Within the principal business district        upon streets between the hours of 10:00 p.m. and
of the city except that the operation shall be permitted     sunrise, except that occasional operation upon a
in an emergency during the period of time when and           public street after the hour shall be permitted when
at locations where snow upon the roadway or other            the operator is proceeding directly to his or her home
traveled way renders travel by automobile impractical        or usual place of storage from without the city.
and on the designated snowmobile routes;
                                                                        (5) When two or more snowmobiles shall
          (7) No snowmobile shall be operated upon           be operated together or as a group, they shall stay in
any portion of the Ortonville Municipal Airport              single file while operating upon any street and not
premises or golf course;                                     more than three snowmobiles shall proceed in any
                                                             single group.
           (8) No snowmobile shall be operated
within the city carrying three or more persons,                       (6) No snowmobile shall be operated upon
exclusive of passengers seated on a pulled sled,             any sidewalk.
sleigh, trailer or similar type trailing device; and
                                                                        (7) The driver of any snowmobile must
           (9) Any sled, sleigh, trailer or device           yield the right-of-way to all oncoming traffic,
being towed by a snowmobile must be equipped with            including pedestrians.
reflective materials as required by the Commissioner.
                                                                  (C) No person shall operate a snowmobile upon
     (B) (1) When operating a snowmobile upon a              any private property without prior permission of the
street, all operation shall be at the extreme right of the   property owner.
street as near to the curb or shoulder thereof as            (Ord. 565, passed 12-6-1993) Penalty, see § 70.99
practical under the circumstances.

           (2) No snowmobile shall pull within the           § 74.03 DESIGNATED ROUTES.
city any type of sled, toboggan, skis or other
mechanical attachment, or person, except where same               (A) Snowmobile routes are hereby established
shall be attached to the snowmobile by a solid tongue        and set forth in Chapter 75.
of similar attachment.
                                                   Snowmobiles                                            17


      (B) Except as hereinafter provided,                 § 74.05 ADOPTED BY REFERENCE.
snowmobiles may only be operated on the
snowmobile routes herein established or as hereafter          M.S. §§ 84.01 to 84.89, as they may be amended
established by the Council by resolution or ordinance     from time to time, are hereby adopted by reference.
for the sole purpose of leaving the city by the most
direct route from the home of the owner, operator or
the usual place of storage and for entering the city by
the most direct route to gain access to the home of the
operator, owner or the usual place of storage.

     (C) Snowmobiles shall not be operated on any
other streets except for the express purpose of
obtaining access to the nearest snowmobile route by
the shortest and most direct street or alley from the
home of the operator, owner or the usual place of
storage for the sole purpose of leaving the city or for
the express purpose of exiting a snowmobile route in
order to gain access to the home of the operator,
owner or the usual place of storage by the shortest
and most direct street or alley.
(Ord. 565, passed 12-6-1993)


§ 74.04 EVENTS AND SHOPPING.

     (A) The lower parking lot between Madison and
Monroe Avenue may be used for parking for special
snowmobiling events and for parking for access to the
city’s principal business district.

     (B) Non-residents participating in special
snowmobile events and non-resident shoppers may
use the lower parking lot between Madison and
Monroe Avenue and gain access to city business
establishments only by way of the shortest and most
direct designated snowmobile route.
(Ord. 565, passed 12-6-1993)
18   Ortonville - Traffic Code
                                   CHAPTER 75: TRAFFIC SCHEDULES


Schedule

    I.     Snowmobile routes
    II.    Speed limits in school zones
    III.   Yield intersections
    IV.    Stop streets
    V.     Bicycles


SCHEDULE I. SNOWMOBILE ROUTES.

    The following snowmobile routes are hereby established.


                Street                                                Location

                                    From Highland Highway West on the service road located north of the
                                    northern boundary line of the Kaercher property to Minnesota Highway 7
                                    between Highland Avenue and Minnesota Highway 7

                                    Easterly ten feet of the northerly 150 feet of Outlot 22

                                    Alley running north and south in Blocks 19, 24, 27 and 32, original plat

                                    Alley running north and south in Block 3, Scholberg’s Addition

                                    From the southeast corner of Block 4, Scholberg’s Addition, southeasterly
                                    to U.S. Highway 12 and west along U.S. Highway 12 to the Chicago,
                                    Milwaukee, St. Paul and Pacific Railroad right-of-way

 Fifth Street                       Between Jackson Avenue and Lincoln Avenue

 Highland Avenue                    Between Osen Avenue and Golf Course Road

 Jackson Avenue                     Between Minnesota Street and Fifth Street



                                                        19
20                                       Ortonville - Traffic Code



               Street                                               Location

 Lincoln Avenue                   Between Fifth Street and the southwest corner of Lot 12, Block 25, original
                                  plat

 Minnesota Street                 Between Ortonville Township Road T-4 and Jackson Avenue

 Monroe Avenue                    Between First Street and the alley in Block 19, original plat

 Niagra Avenue                    Between the alley in Block 3, Scholberg’s Addition to the southeast corner
                                  of Block 4, Scholberg’s Addition

 Osen Avenue                      Between Park Avenue and Highland Highway

 Park Avenue                      Between Stevens Avenue and Osen Avenue

 Peninsula Road                   Between Minnesota Highway 7 and the public boat landing

 Stephens Avenue                  Between U.S. Highway 75 and Park Avenue

 U.S. Highway 12                  Between the southeast corner of the airport to the intersection of U.S.
                                  Highway 12 and U.S. Highway 7

 U.S. Highway 75                  Within the city limits


(Ord. 565, passed 12-6-1993) Penalty, see § 70.99
                                               Traffic Schedules                                               21


SCHEDULE II. SPEED LIMITS IN SCHOOL ZONES.

     School speed limit zones are established on the following streets. Upon the erection of appropriate signs
designating the beginning and ending of the speed limit zones, no person shall drive a vehicle within the zones
designated in excess of the listed speed when children are present, going to or leaving school during opening or
closing hours or during school recess periods. In addition, the Council may, by resolution, designate any street
or portion of street as a speed limit zone where necessary to protect the safety of pedestrians. The
Superintendent shall post appropriate signs on the streets. No person shall operate a motor vehicle upon the
street or portion of street in violation of the posted speed limits.


            Street                                  Location                                 Speed Limit

 Jefferson Avenue             Between Fifth Street and Minnesota Street                        15 mph

 Monroe Avenue                Between South Minnesota Street and Fourth Street                 15 mph

 North Minnesota Street       Between Jackson Avenue and Jefferson Avenue                      15 mph

 South Minnesota Street       Between Jackson Avenue and Jefferson Avenue                      15 mph


(Ord. 509, passed 12-7-1987) Penalty, see § 70.99
22   Ortonville - Traffic Code
                                               Traffic Schedules                                               23


SCHEDULE III. YIELD INTERSECTIONS.

     The Ortonville Chief of Police, in order to assist in the direction and control of traffic, to improve safe
driving conditions at any intersection or dangerous location and to warn pedestrians or drivers of motor vehicles
of dangerous intersections or hazards has ordered the installation of yield signs at the following locations.


                                          Yield Intersection Locations

 Intersection of Madison Avenue with Wood Street, with traffic yielding at Madison Avenue


(Ord. 564, passed 11-15-1993)
24   Ortonville - Traffic Code
                                               Traffic Schedules                                               25


SCHEDULE IV. STOP STREETS.

     The Ortonville Chief of Police, in order to assist in the direction and control of traffic, to improve safe
driving conditions at any intersection or dangerous location and to warn pedestrians or drivers of motor vehicles
of dangerous intersections or hazards has ordered the installation of yield signs at the following locations.


                                             Stop Street Locations

 North Minnesota Street on the southeast side of the junction of North Minnesota Street and Jefferson Avenue

 Fourth Street at the intersection of Fourth Street and Jackson Avenue

 South Minnesota and Atlantic Avenue—stopping South Minnesota

 Two stop signs on Fourth Street at Lincoln Avenue

 Two stop signs on Fifth Street at Jackson Avenue


(Ord. 95-598, passed 7-3-1995; Am. Ord. 02-05, passed 12-2-2002; Am. Ord. 04-04, passed 6-7-2004)
2004 S-2
26   Ortonville - Traffic Code
                                                Traffic Schedules                                                  27


SCHEDULE V. BICYCLES.

     No person shall ride a bicycle on the sidewalks of the business district of the city. The business district
shall be described as follows.


 Street                                Location

 First Street                          From Pacific Avenue to Lincoln Avenue


 Second Street                         From Pacific Avenue to the intersection with Highway #12


(Ord. 265, passed 9-17-1962) Penalty, see § 70.99
28   Ortonville - Traffic Code
Schedule

    I.                           CHAPTER 76: PARKING SCHEDULES
           Handicapped parking zones
    II.    One-hour limits
    III.   Two-hour limits
    IV.    Ten-minute limits
    V.     Parking during snow removal


SCHEDULE I. HANDICAPPED PARKING ZONES.

    The following locations shall be designated for handicapped parking.


                                       Handicapped Parking Locations

 The north parking space on the southeast corner on Second Street at the intersection of Second Street and
 Madison Avenue, in front of Liebe Drug Store

 The parking space in the most northwesterly location in the upper parking lot of the municipal golf
 course/clubhouse

 The south parking space on the southwest corner of Second Street at the intersection of Second Street and
 Niagra Avenue, south of the VFW

 The north parking space on the southwest corner on Second Street at the intersection of Second Street and
 Jefferson Avenue

 The north parking space on the southwest corner of Second Street at the intersection of Second Street and
 Madison Avenue

 The south parking area on the northeast corner on Second Street at the intersection of Second Street and
 Madison Avenue


                                                       29
30                                         Ortonville - Traffic Code



                                       Handicapped Parking Locations

 The north parking space on the southwest corner on Second Street at the intersection of Second Street and
 Monroe Avenue

 The south parking space on the northeast corner on Second Street at the intersection of Second Street and
 Monroe Avenue

 The north parking space on the southwest corner on Second Street at the intersection of Second Street and
 Jackson Avenue

 The south parking space on the northeast corner on Second Street at the intersection of Second Street and
 Jackson Avenue

 The south parking space on the northeast corner on Third Street at the intersection of Third Street and
 Madison Avenue

 The parking space immediately north of the stairway on the west side of the alley between Madison Avenue
 and Monroe Avenue, between First and Second streets

 The parking space immediately south of the stairway on the west side of the alley between Madison Avenue
 and Monroe Avenue, between First and Second streets

 A parking space at the northwest corner of Northside Medical Center on the east side of the parking lot west
 of Northside Medical Center

 A parking space directly west of the main entrance of Northside Medical Center on the west side of the
 parking lot west of Northside Medical Center and the adjacent parking space north of the above described
 parking space, directly west of the main entrance of Northside Medical Center

 A parking space in the southeast corner of the parking lot west of the Northside Medical Center

 A parking space directly south of the main entrance of the Ortonville Hospital on the south side of the parking
 lot which is south of the Ortonville Hospital

 A parking space on the east side of Trojan Drive immediately south of the north crosswalk

 A parking space south of the flagpole on the west side of Trojan Drive

 A parking space on the east side of Trojan Drive immediately north of the north crosswalk
                                                Parking Schedules                                               31



                                        Handicapped Parking Locations

 A parking space immediately west of the municipal swimming pool building on the south side of the parking
 lot north of the swimming pool

 A parking space in the southeast corner of the parking lot north of the softball fields

 The first two parking spaces on the north side of the circular drive east of the main entrance of Northridge
 Residence

 Two parking spaces located on the southeast corner of the Ortonville Public Library


(Ord. 545, passed 12-7-1992; Am. Ord. 554, passed 5-3-1993; Am. Ord. 555, passed 8-2-1993; Am. Ord. 95-
591, passed 6-5-1995; Am. Ord. 04-06, passed 6-21-2004) Penalty, see § 70.99
2004 S-2
32   Ortonville - Traffic Code
                                             Parking Schedules                                                 33


SCHEDULE II. ONE-HOUR LIMITS.

    No vehicle shall be parked in the following locations for a period of more than one hour.


        Street                                  Location                                Time Restrictions

 Jefferson Avenue      West two parking spaces on the north side, between
                       Second Street and Third Street

 Madison Avenue        Between First Street and Third Street                          8:00 a.m. to 6:00 p.m.

 Monroe Avenue         Between First Street and Third Street                          8:00 a.m. to 6:00 p.m.

 Second Street         Between Jefferson Avenue and Jackson Avenue                    8:00 a.m. to 6:00 p.m.


(Ord. 179, passed 6-3-1947; Am. Ord. 94-575, passed 4-4-1994) Penalty, see § 70.99
34   Ortonville - Traffic Code
                                             Parking Schedules                                                 35


SCHEDULE III. TWO-HOUR LIMITS.

    No vehicle shall be parked in the following locations for a period of more than two hours.


           Street                                 Location                              Time Restrictions

 Second Street              Between Washington Avenue and Jackson Avenue              8:00 a.m. to 6:00 p.m.
 Washington Avenue          Between Second Street and Third Street


(Ord. 492 (1), passed 8-5-1985; Am. Ord. 544, passed 11-2-1992) Penalty, see § 70.99
36   Ortonville - Traffic Code
                                              Parking Schedules                                              37


SCHEDULE IV. TEN-MINUTE LIMITS.

    No vehicle shall be parked in the following locations for a period of more than ten minutes.


                         Location                                           Time Restrictions

 Two spaces directly in front (one on each side) of the city 8:00 a.m. to 4:30 p.m., Monday through Friday
 offices


(Res. 93-301, passed 3-1-1993) Penalty, see § 70.99
38   Ortonville - Traffic Code
                                              Parking Schedules                                              39


SCHEDULE V. PARKING DURING SNOW REMOVAL.

    No vehicle shall be parked in the following locations so as to hinder or obstruct the removal of snow.


                 Street                                              Location

 Atlantic Avenue                    Between First Street and Third Street

 Jackson Avenue                     Between First Street and Third Street

 Jefferson Avenue                   Between First Street and Third Street

 Lincoln Avenue                     Between First Street and Third Street

 Madison Avenue                     Between First Street and Wood Street

 Monroe Avenue                      Between First Street and Third Street

 Pacific Avenue                     Between First Street and Cliff Street

 Second Street                      Between Atlantic Avenue and Pacific Avenue

 Third Street                       Between Jefferson Avenue and Madison Avenue

 Washington Avenue                  Between First Street and Third Street


(Ord. 283, passed 1-17-1966) Penalty, see § 70.99
40   Ortonville - Traffic Code
    TITLE IX: GENERAL REGULATIONS

Chapter

          90. ABANDONED PROPERTY

          91. ANIMALS

          92. FAIR HOUSING

          93. FIRE PREVENTION

          94. NUISANCES

          95. STREETS AND SIDEWALKS

          96. TREES AND SHRUBBERY




                     1
2   Ortonville - General Regulations
Section

                                CHAPTER 90: ABANDONED PROPERTY be amended from time to time.
                General Provisions               § 471.195, as it may
                                                 Abandoned and junked vehicles shall be disposed of
     90.01    Disposition of abandoned property  according to the procedures of §§ 90.15 et seq.

                Abandoned Vehicles                             (B) Storage.     The department of the city
                                                          acquiring possession of the property shall arrange for
     90.15    Findings and purpose                        its storage. If city facilities are unavailable or
     90.16    Definitions                                 inadequate, the department may arrange for storage at
     90.17    Violation to abandon motor vehicle          a privately-owned facility.
     90.18    Authority to impound vehicles
     90.19    Sale; waiting periods                           (C) Claim by owner. The owner may claim the
     90.20    Notice of taking and sale                   property by exhibiting satisfactory proof of
     90.21    Right to reclaim                            ownership and paying the city any storage or
     90.22    Operator’s deficiency claim; consent to     maintenance costs incurred by it. A receipt for the
              sale                                        property shall be obtained upon release to the owner.
     90.23    Disposition by impound lot
     90.24    Disposal authority                                (D) Sale. If the property remains unclaimed in
     90.25    Contracts; reimbursement by MPCA            the possession of the city for 60 days, the property
                                                          shall be sold to the highest bidder at a public auction
                                                          conducted by the City Clerk/Administrator or his or
                                                          her designee after a two-weeks published notice
             GENERAL PROVISIONS                           setting forth the time and place of the sale and the
                                                          property to be sold.

§ 90.01 DISPOSITION OF ABANDONED                                (E) Disposition of proceeds. The proceeds of
PROPERTY.                                                 the sale shall be placed in the general fund of the city.
                                                          If the former owner makes application and furnishes
      (A) Procedure. Except for abandoned and             satisfactory proof of ownership within six months of
junked vehicles, all property lawfully coming into        the sale, the former owner shall be paid the proceeds
possession of the city shall be disposed of as provided   of the sale of the property less the costs of storage
in this section which is adopted pursuant to M.S.         and the proportionate part of the cost of published
                                                          notice and other costs of the sale.


     3
4                                      Ortonville - General Regulations


            ABANDONED VEHICLES                                           (b) Lacks vital component parts or is
                                                         in an inoperable condition that it has no substantial
                                                         potential for further use consistent with its usual
§ 90.15 FINDINGS AND PURPOSE.                            functions, unless it is kept in an enclosed garage or
                                                         storage building.
     M.S. Chapter 168B, and Minn. Rules Chapter
7035, as they may be amended from time to time, are                (2) A classic car or pioneer car, as defined
hereby adopted by reference. Sections 90.15 through      in M.S. § 168.10 as it may be amended from time to
90.25 of this code are adopted under the authority of    time, is not considered an abandoned vehicle.
M.S. § 168B.09, subd. 2, as it may be amended from
time to time. If any of these provisions are less                   (3) Vehicles on the premises of junk yards
stringent than the provisions of M.S. § 168B or Minn.    and automobile graveyards that are defined,
Rules Chapter 7035, as it may be amended from time       maintained, and licensed in accordance with M.S. §
to time, the statute or rule shall take precedence.      161.242 as it may be amended from time to time, or
                                                         that are licensed and maintained in accordance with
                                                         local laws and zoning regulations, are not considered
§ 90.16 DEFINITIONS.                                     abandoned vehicles.

     For the purpose of this chapter, the following                (4) A vehicle being held for storage by
definitions shall apply unless the context clearly       agreement or being held under police authority or
indicates or requires a different meaning.               pursuant to a writ or court order is not considered
                                                         abandoned, nor may it be processed as abandoned
     ABANDONED VEHICLE.                                  while the police hold, writ or court order is in effect.

         (1) A motor vehicle, as defined in M.S. §           DEPARTMENT. The Minnesota Department of
169.01 as it may be amended from time to time, that:     Public Safety.

               (a) Has remained illegally:                    IMPOUND. To take and hold a vehicle in legal
                                                         custody. There are two types of impounds: public
                    1. For a period of more than 48      and nonpublic.
hours on any property owned or controlled by a unit
of government, or more than four hours on that                 IMPOUND LOT OPERATOR or
property when it is properly posted; or                  OPERATOR. A person who engages in impounding
                                                         or storing, usually temporarily, unauthorized or
                    2. On private property for a         abandoned vehicles. OPERATOR includes an
period of time, as determined under § 90.18(B),          operator of a public or nonpublic impound lot,
without the consent of the person in control of the      regardless of whether tow truck service is provided.
property; and
                                                                                          Abandoned Property 5


     JUNK VEHICLE. A vehicle that:                             UNIT OF GOVERNMENT. Includes a state
                                                          department or agency, a special purpose district, and
          (1) Is three years old or older;                a county, statutory or home rule charter city, or town.

          (2) Is extensively damaged, with the                 VITAL COMPONENT PARTS. Those parts of
damage including things as broken or missing wheels,      a motor vehicle that are essential to the mechanical
motor, drive train or transmission;                       functioning of the vehicle, including such things as
                                                          the motor, drive train and wheels.
          (3) Is apparently inoperable;

           (4) Does not have a valid, current             § 90.17 VIOLATION TO ABANDON MOTOR
registration plate; and                                   VEHICLE.

         (5) Has an approximate fair market value              Any person who abandons a motor vehicle on
equal only to the approximate value of the scrap in it.   any public or private property, without the consent of
                                                          the person in control of the property, is guilty of a
     MOTOR VEHICLE or VEHICLE. Has the                    misdemeanor.
meaning given “motor vehicle” in M.S. § 169.01, as        Penalty, see § 10.99
it may be amended from time to time.

      MOTOR VEHICLE WASTE. Solid waste and                § 90.18 AUTHORITY TO IMPOUND
liquid wastes derived in the operation of or in the       VEHICLES.
recycling of a motor vehicle, including such things as
tires and used motor oil, but excluding scrap metal.           (A) Abandoned or junk vehicles. The City
                                                          Clerk/Administrator or his or her designee or any
    MPCA or AGENCY. The Minnesota Pollution               peace officer employed or whose services are
Control Agency.                                           contracted for by the city may take into custody and
                                                          impound any abandoned or junk vehicle.
      NONPUBLIC IMPOUND LOT. An impound
lot that is not a public impound lot.                          (B) Unauthorized vehicles.             The City
                                                          Clerk/Administrator, or his or her designee or any
    PUBLIC IMPOUND LOT. An impound lot                    peace officer employed or whose services are
owned by or contracting with a unit of government         contracted for by the city may take into custody and
under § 90.24.                                            impound any unauthorized vehicle under M.S. §
                                                          169.041 as it may be amended from time to time. A
     UNAUTHORIZED VEHICLE. A vehicle that                 vehicle may also be impounded after it has been left
is subject to removal and impoundment pursuant to §       unattended in one of the following public or private
90.18(B), or M.S. § 169.041 as it may be amended          locations for the indicated period of time:
from time to time, but is not a junk vehicle or an
abandoned vehicle.
6                                        Ortonville - General Regulations


         (1) In a public location not governed by                     (1) A junk vehicle, except that it may have
M.S. § 169.041 as it may be amended from time to           a valid, current registration plate and still be eligible
time:                                                      for disposal or sale under this subdivision; or

              (a) On a highway and properly                          (2) An abandoned vehicle.
tagged by a peace officer, four hours;
                                                                 (B) Sale after 45 days. An impounded vehicle
                (b) Located so as to constitute an         is eligible for disposal or sale under § 90.23, 45 days
accident or traffic hazard to the traveling public, as     after notice to the owner, if the vehicle is determined
determined by a peace officer, immediately; or             to be an unauthorized vehicle.

              (c) That is a parking facility or other
public property owned or controlled by a unit of           § 90.20 NOTICE OF TAKING AND SALE.
government, properly posted, four hours; or
                                                                (A) Contents; notice given within five days.
          (2) On private property:                         When an impounded vehicle is taken into custody,
                                                           the city or impound lot operator taking it into custody
               (a) That is single-family or duplex         shall give notice of the taking within five days. The
residential property, immediately;                         notice shall:

              (b) That is private, nonresidential                    (1) Set forth the date and place of the
property, properly posted, immediately;                    taking; the year, make, model and serial number of
                                                           the impounded motor vehicle if the information can
               (c) That is private, nonresidential         be reasonably obtained; and the place where the
property, not posted, 24 hours; or                         vehicle is being held;

              (d) That is any residential property,                   (2) Inform the owner and any lienholders
properly posted, immediately.                              of their right to reclaim the vehicle under § 90.21;
                                                           and

§ 90.19 SALE; WAITING PERIODS.                                       (3) State that failure of the owner or
                                                           lienholders to exercise their right to reclaim the
      (A) Sale after 15 days. An impounded vehicle         vehicle and contents within the appropriate time
is eligible for disposal or sale under § 90.23, 15 days    allowed under § 90.19 shall be deemed a waiver by
after notice to the owner, if the vehicle is determined    them of all right, title and interest in the vehicle and
to be:                                                     contents and a consent to the transfer of title to and
                                                           disposal or sale of the vehicle and contents pursuant
                                                           to § 90.23.
                                                                                           Abandoned Property 7


     (B) Notice by mail or publication. The notice         storage facility, or an operator of an establishment for
shall be sent by mail to the registered owner, if any,     the servicing, repair or maintenance of motor
of an impounded vehicle and to all readily                 vehicles.
identifiable lienholders of record. The Department
makes this information available to impound lot
operators for notification purposes. If it is impossible   § 90.22 OPERATOR’S DEFICIENCY CLAIM;
to determine with reasonable certainty the identity        CONSENT TO SALE.
and address of the registered owner and all
lienholders, the notice shall be published once in a            (A) Deficiency claim. The nonpublic impound
newspaper of general circulation in the area where the     lot operator has a deficiency claim against the
motor vehicle was towed from or abandoned.                 registered owner of the vehicle for the reasonable
Published notices may be grouped together for              costs of services provided in the towing, storage and
convenience and economy.                                   inspection of the vehicle minus the proceeds of the
                                                           sale or auction. The claim for storage costs may not
      (C) Unauthorized vehicles; notice. If an             exceed the costs of:
unauthorized vehicle remains unclaimed after 30 days
from the date the notice was sent under division (B)                 (1) 25 days storage for a vehicle described
of this section, a second notice shall be sent by          in § 90.19(A); and
certified mail, return receipt requested, to the
registered owner, if any, of the unauthorized vehicle                (2) 55 days storage for a vehicle described
and to all readily identifiable lienholders of record.     in § 90.19(B).

                                                                (B) Implied consent to sale. A registered owner
§ 90.21 RIGHT TO RECLAIM.                                  who fails to claim the impounded vehicle within the
                                                           applicable time period allowed under § 90.19 is
     (A) Payment of charges. The owner or any              deemed to waive any right to reclaim the vehicle and
lienholder of an impounded vehicle shall have a right      consents to the disposal or sale of the vehicle and its
to reclaim the vehicle from the city or impound lot        contents and transfer of title.
operator taking it into custody upon payment of all
towing and storage charges resulting from taking the
vehicle into custody within 15 or 45 days, as              § 90.23 DISPOSITION BY IMPOUND LOT.
applicable under § 90.19, after the date of the notice
required by § 90.20.                                            (A) Auction or sale.

     (B) Lienholders. Nothing in this chapter shall                  (1) If an abandoned or unauthorized
be construed to impair any lien of a garagekeeper          vehicle and contents taken into custody by the city or
under the laws of this state, or the right of a            any impound lot is not reclaimed under § 90.21, it
lienholder to foreclose. For the purposes of this          may be disposed of or sold at auction or sale when
section, GARAGEKEEPER is an operator of a                  eligible pursuant to §§ 90.19 and 90.20.
parking place or establishment, an operator of a
motor vehicle
8                                        Ortonville - General Regulations


           (2) The purchaser shall be given a receipt       § 90.24 DISPOSAL AUTHORITY.
in a form prescribed by the Registrar of Motor
Vehicles which shall be sufficient title to dispose of           The city may contract with others or may utilize
the vehicle. The receipt shall also entitle the             its own equipment and personnel for the inventory of
purchaser to register the vehicle and receive a             impounded motor vehicles and abandoned scrap
certificate of title, free and clear of all liens and       metal and may utilize its own equipment and
claims of ownership. Before a vehicle is issued a           personnel for the collection, storage and
new certificate of title, it must receive a motor vehicle   transportation of these vehicles and abandoned scrap
safety check.                                               metal. The city may utilize its own equipment and
                                                            personnel only for the collection and storage of not
     (B) Unsold vehicles. Abandoned or junk                 more than five abandoned or unauthorized vehicles
vehicles not sold by the city or public impound lots        without advertising for or receiving bids in any 120-
pursuant to division (A) of this section shall be           day period.
disposed of in accordance with § 90.24.

      (C) Sale proceeds; public entities. From the          § 90.25 CONTRACTS; REIMBURSEMENT BY
proceeds of a sale under this section by the city or        MPCA.
public impound lot of an abandoned or unauthorized
motor vehicle, the city shall reimburse itself for the            (A) MPCA review and approval. If the city
cost of towing, preserving and storing the vehicle,         proposes to enter into a contract with a person
and all administrative, notice and publication costs        licensed by the MPCA pursuant to this section or a
incurred in handling the vehicle pursuant to this           contract pursuant to § 90.24, the MPCA may review
chapter. Any remainder from the proceeds of a sale          the proposed contract before it is entered into by the
shall be held for the owner of the vehicle or entitled      city, to determine whether it conforms to the MPCA’s
lienholder for 90 days and then shall be deposited in       plan for solid waste management and is in
the treasury of the city.                                   compliance with MPCA rules. A contract that does
                                                            so conform may be approved by the MPCA and
      (D) Sale proceeds; nonpublic impound lots.            entered into by the city. Where a contract has been
The operator of a nonpublic impound lot may retain          approved, the MPCA may reimburse the city for the
any proceeds derived from a sale conducted under the        costs incurred under the contract that have not been
authority of division (A) of this section. The operator     reimbursed under § 90.23. Except as otherwise
may retain all proceeds from sale of any personal           provided in § 90.24, the MPCA shall not approve any
belongings and contents in the vehicle that were not        contract that has been entered into without prior
claimed by the owner or the owner’s agent before the        notice to and request for bids from all persons duly
sale, except that any suspected contraband or other         licensed by the MPCA to be a party to a disposal
items that likely would be subject to forfeiture in a       contract pursuant to M.S. § 116.07, as it may be
criminal trial must be turned over to the appropriate       amended from time to time; does not provide for a
law enforcement agency.                                     full performance bond; or does not provide for total
                                                            collection and transportation
                                                          Abandoned Property 9


of abandoned motor vehicles, except that the MPCA
may approve a contract covering solely collection or
transportation of abandoned motor vehicles where the
MPCA determines total collection and transportation
to be impracticable and where all other requirements
herein have been met and the unit of government,
after proper notice and request for bids, has not
received any bid for total collection and
transportation of abandoned motor vehicles.

      (B) The city may perform work. If the city
utilizes its own equipment and personnel pursuant to
its authority under § 90.24, and the use of the
equipment and personnel conforms to the MPCA’s
plan for solid waste management and is in
compliance with MPCA rules, the city may be
reimbursed by the MPCA for reasonable costs
incurred which are not reimbursed under § 90.23.

      (C) The city required to contract work. The
MPCA may demand that the city contract for the
disposal of abandoned motor vehicles and other scrap
metal pursuant to the MPCA’s plan for solid waste
disposal. If the city fails to contract within 180 days
of the demand, the MPCA, through the Department of
Administration and on behalf of the city, may
contract with any person duly licensed by the MPCA
for the disposal.
10   Ortonville - General Regulations
Section

    91.01     Definitions                CHAPTER 91:   ANIMALS
                                                       member commonly accepted as a part of the animal
    91.02     Dogs and cats                            kingdom. Animals shall be classified as follows:
    91.03     Non-domestic animals
    91.04     Farm animals                                      (1) DOMESTIC ANIMALS.            Those
    91.05     Impounding                               animals commonly accepted as domesticated
    91.06     Kennels                                  household pets.        Unless otherwise defined,
    91.07     Nuisances                                DOMESTIC ANIMALS shall include dogs, cats,
    91.08     Seizure of animals                       caged birds, gerbils, hamsters, guinea pigs,
    91.09     Animals presenting a danger to health    domesticated rabbits, fish, non-poisonous, non-
              and safety of city                       venomous and non-constricting reptiles or
    91.10     Diseased animals                         amphibians, and other similar animals.
    91.11     Dangerous animals
    91.12     Dangerous animal requirements                      (2) FARM ANIMALS. Those animals
    91.13     Basic care                               commonly associated with a farm or performing work
    91.14     Breeding moratorium                      in an agricultural setting. Unless otherwise defined,
    91.15     Enforcing officer                        FARM ANIMALS shall include members of the
    91.16     Pound                                    equestrian family (horses, mules), bovine family
    91.17     Interference with officers               (cows, bulls), sheep, poultry (chickens, turkeys), fowl
                                                       (ducks, geese), swine (including Vietnamese pot-
    91.99     Penalty                                  bellied pigs), goats, bees, and other animals
                                                       associated with a farm, ranch, or stable.

§ 91.01 DEFINITIONS.                                              (3) NON-DOMESTIC ANIMALS. Those
                                                       animals commonly considered to be naturally wild
     For the purpose of this chapter, the following    and not naturally trained or domesticated, or which
definitions shall apply unless the context clearly     are commonly considered to be inherently dangerous
indicates or requires a different meaning.             to the health, safety, and welfare of people. Unless
                                                       otherwise defined, NON-DOMESTIC ANIMALS
      ANIMAL. Any mammal, reptile, amphibian,          shall include:
fish, bird (including all fowl and poultry) or other
      11
12                                       Ortonville - General Regulations


              (a) Any member of the large cat                   CAT. Both the male and female of the felidae
family (family felidae) including lions, tigers,           species commonly accepted as domesticated
cougars, bobcats, leopards and jaguars, but excluding      household pets.
commonly accepted domesticated house cats;
                                                                DOG. Both the male and female of the canine
               (b) Any naturally wild member of the        species, commonly accepted as domesticated
canine family (family canidae) including wolves,           household pets, and other domesticated animals of a
foxes, coyotes, dingoes, and jackals, but excluding        dog kind.
commonly accepted domesticated dogs;
                                                                OWNER. Any person or persons, firm,
               (c) Any crossbreeds such as the             association or corporation owning, keeping, or
crossbreed between a wolf and a dog, unless the            harboring an animal.
crossbreed is commonly accepted as a domesticated
house pet;                                                      RELEASE PERMIT. A permit issued by the
                                                           Animal Control Officer or other person in charge of
               (d) Any member or relative of the           the pound for the release of any animal that has been
rodent family including any skunk (whether or not          taken to the pound. A release permit may be obtained
descented), raccoon, squirrel, or ferret, but excluding    upon payment of a fee to the City
those members otherwise defined or commonly                Clerk/Administrator in accordance with the regular
accepted as domesticated pets;                             license requirement if the animal is unlicensed,
                                                           payment of a release fee, and any maintenance costs
                (e) Any poisonous, venomous,               incurred in capturing and impounding the animal.
constricting, or inherently dangerous member of the        The release fee shall be as established by Council
reptile or amphibian families including rattlesnakes,      ordinance, as it may be amended from time to time.
boa constrictors, pit vipers, crocodiles and alligators;
and
                                                           § 91.02 DOGS AND CATS.
                (f) Any other animal which is not
explicitly listed above but which can be reasonably             (A) Running at large prohibited. It shall be
defined by the terms of this section, including but not    unlawful for the dog or cat of any person who owns,
limited to bears, deer, monkeys and game fish.             harbors, or keeps a dog or cat, to run at large. A
                                                           person who owns, harbors, or keeps a dog or cat
     AT LARGE. Off the premises of the owner and           which runs at large shall be guilty of a misdemeanor.
not under the custody and control of the owner or          Dogs or cats on a leash and accompanied by a
other person, either by leash, cord, chain, or             responsible person or accompanied by and under the
otherwise restrained or confined.                          control and direction of a responsible person, so as to
                                                                                                           Animals 13


be effectively restrained by command as by leash,          are constantly worn. In case a dog tag is lost or
shall be permitted in streets or on public land unless     destroyed, a duplicate shall be issued by the City
the city has posted an area with signs reading “Dogs       Clerk/Administrator. A charge shall be made for
or Cats Prohibited.”                                       each duplicate tag in an amount established by
                                                           Council ordinance, as it may be amended from time
     (B) License required.                                 to time. Dog tags shall not be transferable from one
                                                           dog to another and no refunds shall be made on any
           (1) All dogs over the age of six months         dog license fee or tag because of death of a dog or the
kept, harbored, or maintained by their owners in the       owner’s leaving the city before the expiration of the
city, shall be licensed and registered with the city.      license period.
Dog licenses shall be issued by the City
Clerk/Administrator upon payment of the license fee                  (4) The licensing provisions of this
as established by Council ordinance, as it may be          division (B) shall not apply to dogs whose owners are
amended from time to time. The owner shall state, at       non-residents temporarily within the city, nor to dogs
the time application is made for the license and upon      brought into the city for the purpose of participating
forms provided, his or her name and address and the        in any dog show, nor shall this provision apply to
name, breed, color, and sex of each dog owned or           “seeing eye” dogs properly trained to assist blind
kept by him or her. No license shall be granted for a      persons for the purpose of aiding them in going from
dog that has not been vaccinated against distemper         place to place.
and rabies, as evidenced by a certificate by a
veterinarian qualified to practice in the state in which               (5) The funds received by the City
the dog is vaccinated.                                     Clerk/Administrator from all dog licenses and
                                                           metallic tags fees as established by Council
         (2) It shall be the duty of each owner of a       ordinance, as it may be amended from time to time,
dog subject to this section to pay to the City             shall first be used to defray any costs incidental to the
Clerk/Administrator the license fee established by         enforcement of this chapter including, but not
Council ordinance, as it may be amended from time          restricted to, the costs of licenses, metallic tags, and
to time.                                                   impounding and maintenance of the dogs.

           (3) Upon payment of the license fee as                (C) Cats. Cats shall be included as controlled
established by Council ordinance, as it may be             by this division insofar as running-at-large, pickup,
amended from time to time, the City                        impounding, boarding, licensing and proof of anti-
Clerk/Administrator shall issue to the owner a license     rabies vaccine is concerned. All other provisions of
certificate and metallic tag for each dog licensed.        this section shall also apply to cats unless otherwise
The tag shall have stamped on it the year for which it     provided.
is issued and the number corresponding with the
number on the certificate. Every owner shall be                 (D) Vaccination.
required to provide each dog with a collar to which
the license tag must be affixed, and shall see that the             (1) All dogs and cats kept, harbored,
collar and tag                                             maintained, or transported within the city shall be
14                                       Ortonville - General Regulations


vaccinated at least once every three years by a             § 91.04 FARM ANIMALS.
licensed veterinarian for:
                                                                  Farm animals shall only be kept in an
               (a) Rabies, with a live modified             agricultural district of the city, or on a residential lot
vaccine; and                                                of at least ten acres in size provided that no animal
                                                            shelter shall be within 300 feet of an adjoining piece
               (b) Distemper.                               of property. An exception shall be made to this
                                                            section for those animals brought into the city as part
           (2) A certificate of vaccination must be         of an operating zoo, veterinarian clinic, scientific
kept on which is stated the date of vaccination,            research laboratory, or a licensed show or exhibition.
owner’s name and address, the animal’s name (if
applicable), sex, description and weight, the type of
vaccine, and the veterinarian’s signature. Upon             § 91.05 IMPOUNDING.
demand made by the City Clerk/Administrator, the
Animal Control Officer or a police officer, the owner            (A) Running at large. Any unlicensed animal
shall present for examination the required                  running at large is hereby declared a public nuisance.
certificate(s) of vaccination for the animal(s). In         Any Animal Control Officer or police officer may
cases where certificates are not presented, the owner       impound any dog or other animal found unlicensed or
or keeper of the animal(s) shall have seven days in         any animal found running at large and shall give
which to present the certificate(s) to the City             notice of the impounding to the owner of the dog or
Clerk/Administrator or officer. Failure to do so shall      other animal, if known. In case the owner is
be deemed a violation of this section.                      unknown, the officer shall post notice at the city
Penalty, see § 91.99                                        office that if the dog or other animal is not claimed
                                                            within the time specified in division (C) of this
                                                            section, it will be sold or otherwise disposed of.
§ 91.03 NON-DOMESTIC ANIMALS.                               Except as otherwise provided in this section, it shall
                                                            be unlawful to kill, destroy, or otherwise cause injury
     It shall be illegal for any person to own, possess,    to any animal, including dogs and cats running at
harbor, or offer for sale, any non-domestic animal          large.
within the city. Any owner of a non-domestic animal
at the time of adoption of this code shall have 30 days           (B) Biting animals. Any animal that has not
in which to remove the animal from the city after           been inoculated by a live modified rabies vaccine and
which time the city may impound the animal as               which has bitten any person, wherein the skin has
provided for in this section. An exception shall be         been punctured or the services of a doctor are
made to this prohibition for animals specifically           required, shall be confined in the city pound for a
trained for and actually providing assistance to the        period of not less than ten days, at the expense of the
handicapped or disabled, and for those animals              owner. The animal may be released at the end of the
brought into the city as part of an operating zoo,          time if healthy and free from symptoms of rabies, and
veterinarian clinic, scientific research laboratory, or a   by the payment of all costs by the owner. However,
licensed show or exhibition.                                if the owner of the animal shall elect immediately
Penalty, see § 91.99                                        upon receipt of notice of need for the confinement by
                                                                                                           Animals 15


the officer to voluntarily and immediately confine the     ordinance, as it may be amended from time to time,
animal for the required period of time in a veterinary     and valid certificate of vaccination for rabies and
hospital of the owner’s choosing, not outside of the       distemper shots is required.
county in which this city is located, and provide
immediate proof of confinement in the manner as                  (D) Unclaimed animals. At the expiration of
may be required, the owner may do so. If, however,         the times established in division (C) of this section, if
the animal has been inoculated with a live modified        the animal has not been reclaimed in accordance with
rabies vaccine and the owner has proof of the              the provisions of this section, the officer appointed to
vaccination by a certificate from a licensed               enforce this section may let any person claim the
veterinarian, the owner may confine the dog or other       animal by complying with all provisions in this
animal to the owner’s property.                            section, or the officer may sell the animal to the
                                                           University of Minnesota, or cause the animal to be
      (C) Reclaiming. All animals conveyed to the          destroyed in a proper and humane manner and shall
pound shall be kept, with humane treatment and             properly dispose of the remains thereof. Any money
sufficient food and water for their comfort, at least      collected under this section shall be payable to the
five regular business days, unless the animal is a         City Clerk/Administrator.
dangerous animal as defined under § 91.11 in which         Penalty, see § 91.99
case it shall be kept for seven regular business days or
the times specified in § 91.11, and except if the
animal is a cruelly-treated animal in which case it        § 91.06 KENNELS.
shall be kept for ten regular business days, unless
sooner reclaimed by their owners or keepers as                   (A) Definition of kennel. The keeping of three
provided by this section. In case the owner or keeper      or more dogs on the same premises, whether owned
shall desire to reclaim the animal from the pound, the     by the same person or not and for whatever purpose
following shall be required, unless otherwise              kept, shall constitute a “kennel;” except that a fresh
provided for in this code or established from time to      litter of pups may be kept for a period of three
time by resolution of the City Council:                    months before that keeping shall be deemed to be a
                                                           “kennel.”
           (1) Payment of the release fee and receipt
of a release permit as established by Council                   (B) Kennel as a nuisance. Because the keeping
ordinance, as it may be amended from time to time;         of three or more dogs on the same premises is subject
                                                           to great abuse, causing discomfort to persons in the
         (2) Payment of maintenance costs, as              area by way of smell, noise, hazard, and general
provided by the pound, per day or any part of day          aesthetic depreciation, the keeping of three or more
while animal is in the pound; and                          dogs on the premises is hereby declared to be a
                                                           nuisance and no person shall keep or maintain a
           (3) If a dog is unlicensed, payment of a        kennel within the city.
regular license fee as established by Council              Penalty, see § 91.99
16                                      Ortonville - General Regulations


§ 91.07 NUISANCES.                                             (B) The officer reasonably believes that the
                                                          animal meets either the barking dog criteria set out in
     (A) Habitual barking. It shall be unlawful for       § 91.07(A); the criteria for cruelty set out in § 91.13;
any person to keep or harbor a dog which habitually       or the criteria for an at large animal set out in § 91.01;
barks or cries. Habitual barking shall be defined as
barking for repeated intervals of at least five minutes        (C) The officer can demonstrate that there has
with less than one minute of interruption. The            been at least one previous complaint of a barking
barking must also be audible off of the owner’s or        dog; inhumane treatment of the animal; or that the
caretaker’s premises.                                     animal was at large at this address on a prior date;

     (B) Damage to property. It shall be unlawful              (D) The officer has made a reasonable attempt
for any person’s dog or other animal to damage any        to contact the owner of the dog and the property to be
lawn, garden, or other property, whether or not the       entered and those attempts have either failed or have
owner has knowledge of the damage.                        been ignored;

     (C) Cleaning up litter. The owner of any                  (E) The seizure will not involve the forced
animal or person having the custody or control of any     entry into a private residence. Use of a pass key
animal shall be responsible for cleaning up any feces     obtained from a property manager, landlord,
of the animal and disposing of the feces in a sanitary    innkeeper, or other authorized person to have that key
manner whether on their own property, on the              shall not be considered unauthorized entry; and
property of others or on public property.
                                                               (F) Written notice of the seizure is left in a
     (D) Other. Any animals kept contrary to this         conspicuous place if personal contact with the owner
section are subject to impoundment as provided in §       of the dog is not possible.
91.05.
Penalty, see § 91.99
                                                          § 91.09 ANIMALS PRESENTING A DANGER
                                                          TO HEALTH AND SAFETY OF CITY.
§ 91.08 SEIZURE OF ANIMALS.
                                                               If, in the reasonable belief of any person or the
    Any police officer or Animal Control Officer          Animal Control Officer or police officer, an animal
may enter upon private property and seize any animal      presents an immediate danger to the health and safety
provided that the following exist:                        of any person, or the animal is threatening imminent
                                                          harm to any person, or the animal is in the process of
     (A) There is an identified complainant other         attacking any person, the person or officer may
than the police officer or Animal Control Officer         destroy the animal in a proper and humane manner.
making a contemporaneous complaint about the
animal;
                                                                                                          Animals 17


Otherwise, the person or officer may apprehend the         § 91.11 DANGEROUS ANIMALS.
animal and deliver it to the pound for confinement
under § 91.05. If the animal is destroyed, the owner            (A) Attack by an animal. It shall be unlawful
or keeper of the animal destroyed shall be liable to       for any person’s animal to inflict or attempt to inflict
the city for the cost of maintaining and disposing of      bodily injury to any person or other animal whether
the animal, plus the costs of any veterinarian             or not the owner is present. This section shall not
examination. If the animal is found not to be a danger     apply to an attack by a dog under the control of an
to the health and safety of the city, it may be released   on-duty law enforcement officer or to an attack upon
to the owner or keeper in accordance with § 91.05(C).      an uninvited intruder who has entered the owner’s
                                                           home with criminal intent.

§ 91.10 DISEASED ANIMALS.                                       (B) Destruction of dangerous animal. The
                                                           Animal Control Officer shall have the authority to
     (A) Running at large. No person shall keep or         order the destruction of dangerous animals in
allow to be kept on his or her premises, or on             accordance with the terms established by this chapter.
premises occupied by them, nor permit to run at large
in the city, any animal which is diseased so as to be a         (C) Definitions. For the purpose of this section,
danger to the health and safety of the city, even          the following definitions shall apply unless the
though the animal is properly licensed under this          context clearly indicates or requires a different
section.                                                   meaning.

     (B) Confinement. Any animal reasonably                         (1) DANGEROUS ANIMAL. An animal
suspected of being diseased and presenting a threat to     which has:
the health and safety of the public, may be
apprehended and confined in the pound by any                             (a) Caused bodily injury or
person, the Animal Control Officer or a police             disfigurement to any person on public or private
officer. The officer shall have a qualified                property;
veterinarian examine the animal. If the animal is
found to be diseased in a manner so as to be a danger                    (b) Engaged in any attack on any
to the health and safety of the city, the officer shall    person under circumstances which would indicate
cause the animal to be painlessly killed and shall         danger to personal safety;
properly dispose of the remains. The owner or keeper
of the animal killed under this section shall be liable                  (c) Exhibited unusually aggressive
to the city for the cost of maintaining and disposing      behavior, such as an attack on another animal;
of the animal, plus the costs of any veterinarian
examinations.                                                            (d) Bitten one or more persons on
                                                           two or more occasions; or
     (C) Release. If the animal, upon examination,
is not found to be diseased the animal shall be                           (e) Been found to be potentially
released to the owner or keeper free of charge.            dangerous and/or the owner has personal knowledge
Penalty, see § 91.99                                       of the same, the animal aggressively bites, attacks, or
                                                           endangers the safety of humans or domestic animals.
18                                      Ortonville - General Regulations


      (2) POTENTIALLY DANGEROUS                           steel pipe buried in the ground 18 inches or more.
ANIMAL. An animal which has:                              When a concrete floor is not provided, the sidewalls
                                                          shall be buried a minimum of 18 inches in the
              (a) Bitten a human or a domestic            ground.
animal on public or private property;
                                                                         (c) A cover over the entire pen or
              (b) When unprovoked, chased or              kennel shall be provided. The cover shall be
approached a person upon the streets, sidewalks, or       constructed of the same gauge wire or heavier as the
any public property in an apparent attitude of attack;    sidewalls and shall also have no openings in the wire
or                                                        greater than two inches.

               (c) Engaged in unprovoked attacks                         (d) An entrance/exit gate shall be
causing injury or otherwise threatening the safety of     provided and be constructed of the same material as
humans or domestic animals.                               the sidewalls and shall also have no openings in the
                                                          wire greater than two inches. The gate shall be
           (3) PROPER ENCLOSURE. Securely                 equipped with a device capable of being locked and
confined indoors or in a securely locked pen or           shall be locked at all times when the animal is in the
structure suitable to prevent the animal from escaping    pen or kennel.
and to provide protection for the animal from the
elements. A proper enclosure does not include a                     (4) UNPROVOKED. The condition in
porch, patio, or any part of a house, garage, or other    which the animal is not purposely excited, stimulated,
structure that would allow the animal to exit of its      agitated or disturbed.
own volition, or any house or structure in which
windows are open or in which door or window                     (D) Designation as potentially dangerous
screens are the only barriers which prevent the animal    animal. The Animal Control Officer shall designate
from exiting. The enclosure shall not allow the egress    any animal as a potentially dangerous animal upon
of the animal in any manner without human                 receiving evidence that the potentially dangerous
assistance. A pen or kennel shall meet the following      animal has, when unprovoked, then bitten, attacked,
minimum specifications:                                   or threatened the safety of a person or a domestic
                                                          animal as stated in subsection (C)(2). When an
               (a) Have a minimum overall floor           animal is declared potentially dangerous, the Animal
size of 32 square feet.                                   Control Officer shall cause one owner of the
                                                          potentially dangerous animal to be notified in writing
                (b) Sidewalls shall have a minimum        that the animal is potentially dangerous.
height of five feet and be constructed of 11-gauge or
heavier wire. Openings in the wire shall not exceed            (E) Evidence justifying designation. The
two inches, support posts shall be 1¼-inch or larger      Animal Control Officer shall have the authority to
                                                          designate any animal as a dangerous animal upon
                                                          receiving evidence of the following:
                                                                                                          Animals 19


          (1) That the animal has, when                               (1) If no appeal is filed, the orders issued
unprovoked, bitten, attacked, or threatened the safety      will stand or the Animal Control Officer may order
of a person or domestic animal as stated in subsection      the animal destroyed.
(C)(1).
                                                                      (2) If an owner requests a hearing for
          (2) That the animal has been declared             determination as to the dangerous nature of the
potentially dangerous and the animal has then bitten,       animal, the hearing shall be held before the City
attacked, or threatened the safety of a person or           Council, which shall set a date for hearing not more
domestic animal as stated in subsection (C)(1).             than three weeks after demand for the hearing. The
                                                            records of the Animal Control or City
     (F) Authority to order destruction. The Animal         Clerk/Administrator’s office shall be admissible for
Control Officer, upon finding that an animal is             consideration by the Animal Control Officer without
dangerous hereunder, is authorized to order, as part of     further foundation. After considering all evidence
the disposition of the case, that the animal be             pertaining to the temperament of the animal, the City
destroyed based on a written order containing one or        Council shall make an order as it deems proper. The
more of the following findings of fact:                     City Council may order that the Animal Control
                                                            Officer take the animal into custody for destruction, if
          (1) The animal is dangerous as                    the animal is not currently in custody. If the animal is
demonstrated by a vicious attack, an unprovoked             ordered into custody for destruction, the owner shall
attack, an attack without warning or multiple attacks;      immediately make the animal available to the Animal
or                                                          Control Officer.

          (2) The owner of the animal has                             (3) No person shall harbor an animal after
demonstrated an inability or unwillingness to control       it has been found to be dangerous and ordered into
the animal in order to prevent injury to persons or         custody for destruction.
other animals.
                                                                 (H) Stopping an attack. If any police officer or
      (G) Procedure. The Animal Control Officer,            Animal Control Officer is witness to an attack by an
after having determined that an animal is dangerous,        animal upon a person or another animal, the officer
may proceed in the following manner: The Animal             may take whatever means the officer deems
Control Officer shall cause one owner of the animal         appropriate to bring the attack to an end and prevent
to be notified in writing or in person that the animal is   further injury to the victim.
dangerous and may order the animal seized or make
orders as deemed proper. This owner shall be                     (I) Notification of new address. The owner of
notified as to dates, times, places and parties bitten,     an animal which has been identified as dangerous or
and shall be given 14 days to appeal this order by          potentially dangerous shall notify the Animal Control
requesting a hearing before the City Council for a          Officer in writing if the animal is to be relocated from
review of this determination.
20                                      Ortonville - General Regulations


its current address or given or sold to another person.             (5) If the animal is a dog, it must have an
The notification shall be given in writing at least 14    easily identifiable, standardized tag identifying the
days prior to the relocation or transfer of ownership.    dog as dangerous affixed to its collar at all times as
The notification shall include the current owner’s        specified in M.S. § 347.51 as it may be amended
name and address, the relocation address, and the         from time to time;
name of the new owner, if any.
Penalty, see § 91.99                                                (6) All animals deemed dangerous by the
                                                          Animal Control Officer shall be registered with the
                                                          county in which this city is located within 14 days
§ 91.12 DANGEROUS ANIMAL                                  after the date the animal was so deemed and provide
REQUIREMENTS.                                             satisfactory proof thereof to the Animal Control
                                                          Officer; and
     (A) Requirements. If the City Council does not
order the destruction of an animal that has been                    (7) If the animal is a dog, the dog must be
declared dangerous, the City Council may, as an           licensed and up to date on rabies vaccination. If the
alternative, order any or all of the following:           animal is a cat or ferret, it must be up to date with
                                                          rabies vaccination.
          (1) That the owner provide and maintain a
proper enclosure for the dangerous animal as                    (B) Seizure. The Animal Control Officer shall
specified in § 91.11(C)(3);                               immediately seize any dangerous animal if the owner
                                                          does not meet each of the above requirements within
         (2) Post the front and the rear of the           14 days after the date notice is sent to the owner that
premises with clearly visible warning signs, including    the animal is dangerous. Seizure may be appealed to
a warning symbol to inform children, that there is a      district court by serving a summons and petition upon
dangerous animal on the property as specified in M.S.     the city and filing it with the district court.
§ 347.51 as may be amended from time to time;
                                                               (C) Reclaiming animals. A dangerous animal
          (3) Provide and show proof annually of          seized under § 91.12(B) may be reclaimed by the
public liability insurance in the minimum amount of       owner of the animal upon payment of impounding
$300,000;                                                 and boarding fees and presenting proof to animal
                                                          control that each of the requirements under §
          (4) If the animal is a dog and is outside the   91.12(B) is fulfilled. An animal not reclaimed under
proper enclosure, the dog must be muzzled and             this section within 14 days may be disposed of as
restrained by a substantial chain or leash (not to        provided under § 91.11(F), and the owner is liable to
exceed six feet in length) and under the physical         the city for costs incurred in confining and
restraint of a person 16 years of age or older. The       impounding the animal.
muzzle must be of a design as to prevent the dog
from biting any person or animal, but will not cause           (D) Subsequent offenses. If an owner of an
injury to the dog or interfere with its vision or         animal has subsequently violated the provisions under
respiration;                                              § 91.11 with the same animal, the animal must be
                                                                                                          Animals 21


seized by animal control. The owner may request a          § 91.15 ENFORCING OFFICER.
hearing as defined in § 91.11(G). If the owner is
found to have violated the provisions for which the              The Council is hereby authorized to appoint an
animal was seized, the Animal Control Officer shall        animal control officer(s) to enforce the provisions of
order the animal destroyed in a proper and humane          this chapter. In the officer’s duty of enforcing the
manner and the owner shall pay the costs of confining      provisions of this chapter, he or she may from time to
the animal. If the person is found not to have violated    time, with the consent of the City Council, designate
the provisions for which the animal was seized, the        assistants.
owner may reclaim the animal under the provisions of
§ 91.12(C). If the animal is not yet reclaimed by the
owner within 14 days after the date the owner is           § 91.16 POUND.
notified that the animal may be reclaimed, the animal
may be disposed of as provided under § 91.11(G) and              Every year the Council shall designate an
the owner is liable to the animal control for the costs    official pound to which animals found in violation of
incurred in confining, impounding and disposing of         this chapter shall be taken for safe treatment, and if
the animal.                                                necessary, for destruction.


§ 91.13 BASIC CARE.                                        § 91.17 INTERFERENCE WITH OFFICERS.

     All animals shall receive from their owners or             No person shall in any manner molest, hinder, or
keepers kind treatment, housing in the winter, and         interfere with any person authorized by the City
sufficient food and water for their comfort. Any           Council to capture dogs, cats or other animals and
person not treating their pet in a humane manner will      convey them to the pound while engaged in that
be subject to the penalties provided in this chapter.      operation. Nor shall any unauthorized person break
                                                           open the pound, or attempt to do so, or take or
                                                           attempt to take from any agent any animal taken up
§ 91.14 BREEDING MORATORIUM.                               by him or her in compliance with this chapter, or in
                                                           any other manner to interfere with or hinder the
      Every female dog or female cat in heat shall be      officer in the discharge of his or her duties under this
confined in a building or other enclosure in a manner      chapter.
that it cannot come in contact with another dog or cat     Penalty, see § 91.99
except for planned breeding. Upon capture and
failure to reclaim the animal, every dog or cat shall be
neutered or spayed prior to being transferred to a new
owner.                                                     § 91.99 PENALTY.

                                                                 (A) Separate offenses. Each day a violation of
                                                           this chapter is committed or permitted to continue
                                                           shall constitute a separate offense and shall be
                                                           punishable under this section.
22                                  Ortonville - General Regulations


     (B) Misdemeanor. Unless otherwise provided,
violation of this chapter shall constitute a
misdemeanor punishable as provided in § 10.99.

    (C) Petty misdemeanor. Violations of §§ 91.02,
91.07, 91.13 and 91.14 are petty misdemeanors
punishable as provided in § 10.99.
Section

     92.01      Policy                                          DISABILITY. A mental or physical condition
                                         CHAPTER 92: FAIR HOUSING
     92.02      Definitions                               which constitutes a handicap. Nothing in this chapter
     92.03      Prohibited acts                           shall be construed to prohibit any program, service,
     92.04      Enforcement procedures                    facility or privilege afforded to a person with a
                                                          DISABILITY which is intended to inhabit,
                                                          rehabilitate or accommodate that person.
§ 92.01 POLICY.
                                                                DISCRIMINATE or DISCRIMINATION. To
      Status with regard to public assistance;            cause segregation or separation.
discrimination with regard to housing on the basis of
race, sex, creed, religion, marital status and disability       MARITAL STATUS. The standing, state or
adversely affects the health, welfare, peace and safety   condition of one as single or married person.
of the community; persons subject to discrimination       (Ord. 421, passed 2-20-1979)
suffer depressed living conditions, and create
conditions which endanger the public peace and
order. The public policy of the city is declared to be    § 92.03 PROHIBITED ACTS.
to foster equal opportunity for all to obtain decent,
safe and sanitary housing without regard to their race,         It shall be an unlawful discriminatory practice
creed, color, national origin, marital status, disability and a misdemeanor offense:
status, sex and strictly in accord with their individual
merits as human beings. It is also the policy of the            (A) For any person to discriminate on grounds
city to protect all persons from all unfounded charges    of race, creed, religion, color, sex, marital status,
of discrimination.                                        status
(Ord. 421, passed 2-20-1979)                              with regard to public assistance, national origin, age
                                                          or disability, in the sale, lease or rental of any housing
                                                          unit or units;
§ 92.02 DEFINITIONS.
                                                                (B) For any broker, agent, salesman or other
      For the purpose of this chapter, the following      person acting in behalf of another to so discriminate
definitions shall apply unless the context clearly        in the sale, lease or rental of any housing unit or units
indicates or requires a different meaning.                belonging to another person;

     23
24                                       Ortonville - General Regulations


     (C) For any person engaged in the business of          origin or ancestry, marital status, status with regard to
financing the purchase, rehabilitation, remodeling or       public assistance, age or disability, in the sale, lease
repair of housing units or in the business of selling       or rental of a housing unit or units;
insurance with respect to housing units to refuse to
provide the financing or insurance or to discriminate             (F) For any person to make any inquiry
with regard to the terms or conditions thereof by           regarding race, color, sex, creed, religion, national
reason of the race, color, sex, religion, creed, national   origin, marital status, status with regard to public
origin, marital status, status with regard to public        assistance, age or disability, or to keep any record or
assistance, age or disability of the applicant or           use any form of application, designed to elicit the
because of the location of the unit or units in areas of    information, in connection with the sale, lease, rental
the city occupied by persons of a particular race,          or financing of a housing unit or units;
color, sex, religion, creed, national origin, marital
status, status with regard to public assistance, age or          (G) For any person, for the purpose of inducing
disability; or to discriminate by treating differently      a real estate transaction from which he or she may
any person or group of persons who desire to                benefit financially:
purchase, lease, acquire, construct, rehabilitate, repair
or maintain real property in a specific urban area                     (1) To represent that a change has
because of social, economic or environmental                occurred or will or may occur in the composition of
conditions of the area in the granting, withholding,        the block neighborhood, or area in which the property
extending, modifying or renewing, or in the rates,          is located, in respect of the race, color, sex, creed,
terms, conditions or privileges of any financial            religion, national origin, marital status, status with
assistance or in the extension of services in               regard to public assistance, age or disability of those
connection therewith; the bona fide programs of             living there; or
federal, state or local governmental units or agencies,
however structured or authorized to upgrade or                        (2) To represent that this change will or
improve in any manner a specific urban area shall not       may result in the lowering of property values, an
be deemed to be a violation of this section;                increase in crime or antisocial behavior, or a decline
                                                            in the quality of schools in the block, neighborhood
     (D) For any person, having sold, leased or             or area concerned;
rented a housing unit or units to any person, to
discriminate with respect to facilities, services or             (H) Nothing in this chapter shall be construed to
privileges of occupancy by reason of race, color, sex,      require any person or group of persons selling,
creed, religion, national origin, age or disability,        renting or leasing property to modify the property in
marital status or status with regard to public              any way, or exercise a higher degree of care for a
assistance;                                                 person having a disability than for a person who does
                                                            not have a disability; nor shall this chapter be
     (E) For any person to make or publish any              construed to relieve any person or persons of any
statement evidencing an intent to discriminate, on          obligations generally imposed on all persons
ground of race, creed, religion, color, sex, national       regardless of any disability in a written lease, rental
                                                            agreement or
                                                                                                    Fair Housing 25


contract or purchase or sale, or to forbid distinctions              (2) The HRA shall promptly investigate,
based on the inability to fulfill the terms and           upon complaint or upon his or her own motion, any
conditions, including financial obligations of the        violations of this chapter. If after investigation, he or
lease, agreement or contract; and                         she shall have reason to believe a violation has
                                                          occurred, he or she may refer the matter to the City
    (I) The provisions of this chapter shall not          Attorney for criminal prosecution, initiate civil
apply to:                                                 enforcement procedures as herein provided, or enter
                                                          into a settlement agreement which, when approved by
          (1) The rental of a portion of a dwelling       the HRA, shall have the same force as an HRA order.
containing accommodations for two families, one of
which is occupied by the owner; or                             (B) No action may be brought for civil
                                                          enforcement or criminal prosecution unless the
          (2) The rental by an owner or occupier of       charge of alleged discriminatory practice was filed
a one-family accommodation in which he or she             with the city within 180 days from the occurrence of
resides of a room or rooms in the accommodation to        the practice.
another person or persons if the discrimination is by
sex, marital status, status with regard to public              (C) Civil enforcement procedures shall be
assistance or disability. Nothing in this chapter shall   prosecuted by the City Attorney before the HRA in
be construed to require any person or group of            the following manner:
persons selling, renting or leasing property to modify
the property in any way, or exercise a higher degree                 (1) The City Attorney shall serve upon the
of care for a person having a disability than for a       respondent by certified mail a complaint, signed by
person who does not have a disability; nor shall this     him or her, which shall set forth a clear and concise
chapter be construed to relieve any person or persons     statement of the facts constituting the violation, set
of any obligations generally imposed on all persons       time and place for hearing, and advise the respondent
regardless of any disability in a written lease, rental   of his or her right to file an answer to appear in
agreement or contract of purchase or sale, or to forbid   person or by an attorney and to examine and cross-
distinction based on the inability to fulfill the terms   examine witnesses.
and conditions, including financial obligations, of the
lease, agreement or contract.                                       (2) The hearing shall not be less than 20
(Ord. 421, passed 2-20-1979) Penalty, see § 10.99         days after service of the complaint. At any time prior
                                                          to the hearing, the respondent may file an answer.
                                                          Facts not denied by answer shall be deemed admitted.
§ 92.04 ENFORCEMENT PROCEDURES.                           If the answer sets out new matter, it shall be deemed
                                                          denied by the HRA.
     (A) (1) The Housing and Redevelopment
Authority in and for the county, hereinafter referred              (3) The complaint or answer may be
to as “HRA,” is designated as the enforcement             amended at any given time prior to the hearing with
agency for this chapter and shall have the power to       the consent of the opposing party.
receive, hear and determine complaints as provided
herein.
26                                      Ortonville - General Regulations


          (4) The hearing shall be before the HRA.

           (5) The HRA may obtain subpoenas from
the district court to compel the attendance of
witnesses and production of documents at any
hearing.

          (6) If, after hearing, the HRA shall
conclude that a violation has occurred, it shall prepare
an order which may contain any provision deemed
desirable to do justice to the complainant or to
prevent further violations. It may include provisions
which require the respondent to rent, sell or lease
particular housing to the complainant or to do any
other thing as may be served on the respondent and
City Attorney by mail shall become the findings and
order of the HRA unless, within ten days after
mailing of the findings and order, the HRA shall
revoke or amend the order, but any order of a panel
may be modified by the HRA
at any time.
(Ord. 421, passed 2-20-1979)
Section

     93.01                          CHAPTER                       (2) The
               Adoption of Fire Prevention Code 93: FIRE PREVENTION fire zone as described in previous
Cross-reference:                                        ordinance:
     Fire Department, see § 31.03
                                                                  The southwest one-half (SW½) of Block 8,
                                                        Blocks 9, 10, 11, 12 and Lots 7 to 24, inclusive, in
§ 93.01 ADOPTION OF FIRE PREVENTION                     Block 13; the southwest one-half (SW½) of Block 16,
CODE.                                                   Blocks 17, 18, 19; the southwest one-half (SW½) of
                                                        Block 20; the southwest one-half (SW½) of Block 23,
     (A) Adoption of Fire Prevention Code. There is     Blocks 24, 25, 26, 27; the southwest one-half (SW½)
hereby adopted by the city for the purpose of           of Block 28; the southwest one-half (SW½) of Block
prescribing regulations governing conditions            31, Blocks 32 and 33, of the original plat of the town
hazardous to life and property from fire or explosion,  site, now City of Ortonville, according to the plat
that certain code known as the Uniform Fire Code,       thereof, now on file in the office of the County
Minn. Rules Chapter 7510, as it may be amended          Recorder in and for Big Stone County, State of
from time to time.                                      Minnesota.

     (B) Enforcement. The code hereby adopted                  (D) Amendments adopted. Amendments and
shall be enforced by the Chief of the Fire Department.    changes made to the code hereby adopted shall also
                                                          be adopted.
     (C) Establishment of districts restricted from
storage of explosives, petroleum and the like.                (E) Modifications.

           (1) The limits referred to in Section 53b of             (1) The Chief of the Fire Department shall
the code hereby adopted, in which storage of              have power to modify any of the provisions of the
explosives and blasting agents is prohibited, the         code hereby adopted upon application in writing by
limits referred to in Section 74a of the code hereby      the owner or lessee, or his or her duly authorized
adopted in which storage of Class I liquids in outside    agent, when there are practical difficulties in the way
aboveground tanks is prohibited, and the limits           of carrying out the strict letter of the code, provided
referred to in Section 114 of the code hereby adopted,    that the spirit of the code shall be observed, public
in which bulk storage of liquefied petroleum gas is       safety secured and substantial justice done.
restricted are hereby established as follows:
      27
28                                    Ortonville - General Regulations


           (2) The particulars of the modification
when granted or allowed and the decision of the
Chief of the Fire Department thereon shall be entered
upon the records of the Department and a signed copy
shall be furnished the applicant.
(Ord. 285, passed 3-21-1966) Penalty, see § 10.99
Section

              General Provisions     CHAPTER 94: NUISANCES              Open Burning

    94.01   Assessable current services                  94.60     Definitions
    94.02   Tree diseases                                94.61     Prohibited materials
                                                         94.62     Permit required for open burning
                  Nuisances                              94.63     Purposes allowed for open burning
                                                         94.64     Permit application for open burning;
    94.15   Public nuisance
    94.16   Public nuisances affecting health
    94.17   Public nuisances affecting morals and
            decency
    94.18   Public nuisances affecting peace and
            safety
    94.19   Duties of city officers
    94.20   Abatement
    94.21   Recovery of cost

                    Weeds
                                                         94.65     Permit process for open burning
    94.35   Short title                                  94.66     Permit holder responsibility
    94.36   Jurisdiction                                 94.67     Revocation of open burning permit
    94.37   Definitions; exclusions                      94.68     Denial of open burning permit
    94.38   Owners responsible for trimming,             94.69     Burning ban or air quality alert
            removal and the like                         94.70     Rules and laws adopted by reference
    94.39   Filing complaint
    94.40   Notice of violations
    94.41   Appeals
    94.42   Abatement by city                                    GENERAL PROVISIONS
    94.43   Liability

                                                    § 94.01 ASSESSABLE CURRENT SERVICES.

                                                         (A) Definition. For the purpose of this section,
                                                    the following definition shall apply unless the context
                                                    clearly indicates or requires a different meaning.

                                                         CURRENT SERVICE. One or more of the
                                                    following: snow, ice or rubbish removal from
                                                    sidewalks; weed elimination from street grass plots
                                                    adjacent to sidewalks or from private property;
    29
30                                        Ortonville - General Regulations


removal or elimination of public health or safety                 (D) Installation and repair of water service
hazards from private property, excluding any                 lines. Whenever the city installs or repairs water
hazardous building included in M.S. §§ 463.15                service lines serving private property, the City
through 463.26 as they may amended from time to              Clerk/Administrator shall keep a record of the total
time; installation or repair of water service lines;         cost of the installation or repair against the property.
street sprinkling, street flushing, light street oiling or
other dust treatment of streets; repair of sidewalks              (E) Personal liability.
and alleys; trimming and care of trees and removal of
unsound and insect-infected trees from the public                      (1) The owner of property on which or
streets or private property; and the operation of a          adjacent to which a current service has been
street lighting system.                                      performed shall be personally liable for the cost of
                                                             the service.
     (B) Snow, ice, dirt and rubbish.
                                                                       (2) As soon as the service has been
           (1) Duty of owners and occupants. The             completed and the cost determined, the City
owner and the occupant of any property adjacent to a         Clerk/Administrator, or other designated official,
public sidewalk shall use diligence to keep the walk         shall prepare a bill and mail it to the owner and
safe for pedestrians. No owner or occupant shall             thereupon the amount shall be immediately due and
allow snow, ice, dirt or rubbish to remain on the walk       payable at the office of the City Clerk/Administrator.
longer than 24 hours after its deposit thereon. Failure
to comply with this section shall constitute a                    (F) Damage to public property.
violation.
                                                                       (1) Any person driving any vehicle,
          (2) Removal by city. The City                      equipment, object or contrivance upon any street,
Clerk/Administrator or other person designated by the        road, highway or structure shall be liable for all
City Council may cause removal from all public               damages which the surface or structure thereof may
sidewalks all snow, ice, dirt and rubbish as soon as         sustain as a result of any illegal operation, or driving
possible beginning 24 hours after any matter has been        or moving of the vehicle, equipment or object or
deposited thereon or after the snow has ceased to fall.      contrivance; or as a result of operating, driving or
The City Clerk/Administrator or other designated             moving any vehicle, equipment, object or contrivance
person shall keep a record showing the cost of               weighing in excess of the maximum weight permitted
removal adjacent to each separate lot and parcel.            by statute or this code. When the driver is not the
                                                             owner of the vehicle, equipment, object or
      (C) Public health and safety hazards. When the         contrivance, but is operating, driving or moving it
city removes or eliminates public health or safety           with the express or implied permission of the owner,
hazards from private property under the following            then the owner and the driver shall be jointly and
provisions of this chapter, the administrative officer       severally liable for any damage.
responsible for doing the work shall keep a record of
the cost of the removal or elimination against each                    (2) Any person who willfully acts or fails
parcel of property affected and annually deliver that        to exercise due care and by that act damages any
information to the City Clerk/Administrator.
                                                                                                       Nuisances 31


public property shall be liable for the amount thereof,             (3) Any living or standing oak tree or part
which amount shall be collectable by action or as a       thereof infected to any degree with the Oak Wilt
lien under M.S. § 514.67, as it may be amended from       fungus Ceratocystis fagacearum;
time to time.
                                                                    (4) Any dead oak tree or part thereof
      (G) Assessment. On or before September 1 of         which in the opinion of the designated officer
each year, the City Clerk/Administrator shall list the    constitutes a hazard, including but not limited to logs,
total unpaid charges for each type of current service     branches, stumps, roots, firewood or other oak
and charges under this section against each separate      material which has not been stripped of its bark and
lot or parcel to which they are attributable under this   burned or sprayed with an effective fungicide; and
section. The City Council may then spread the
charges against property benefitted as a special                     (5) Any other shade tree with an epidemic
assessment under the authority of M.S. § 429.101 as       disease.
it may be amended from time to time and other
pertinent statutes for certification to the County              (B) Abatement of nuisance. It is unlawful for
Auditor and collection along with current taxes the       any person to permit any public nuisance as defined
following year or in annual installments, not             in division (A) of this section to remain on any
exceeding ten, as the City Council may determine in       premises the person owns or controls within the city.
each case.                                                The City Council may by resolution order the
Penalty, see § 10.99                                      nuisance abated. Before action is taken on that
                                                          resolution, the City Council shall publish notice of its
                                                          intention to meet to consider taking action to abate
§ 94.02 TREE DISEASES.                                    the nuisance. This notice shall be mailed to the
                                                          affected property owner and published once no less
     (A) Trees constituting nuisance declared. The        than one week prior to the meeting. The notice shall
following are public nuisances whenever they may be       state the time and place of the meeting, the street
found within the city:                                    affected, action proposed, the estimated cost of the
                                                          abatement, and the proposed basis of assessment, if
          (1) Any living or standing elm tree or part     any, of costs. At the hearing or adjournment thereof,
thereof infected to any degree with the Dutch Elm         the City Council shall hear any property owner with
disease fungus Ceratocystis Ulmi (Buisman) Moreau         reference to the scope and desirability of the proposed
or which harbors any of the elm bark beetles Scolytus     project. The City Council shall thereafter adopt a
Multistriatus (Eichh.) or Hylungopinus Rufipes            resolution confirming the original resolution with
(Marsh);                                                  modifications as it considers desirable and provide
                                                          for the doing of the work by day labor or by contract.
          (2) Any dead elm tree or part thereof,
including branches, stumps, firewood or other elm              (C) Record of costs. The City Clerk/
material from which the bark has not been removed         Administrator shall keep a record of the costs of
and burned or sprayed with an effective elm bark          abatement done under this section for all work done
beetle insecticide;
32                                       Ortonville - General Regulations


for which assessments are to be made, stating and               (C) Is guilty of any other act or omission
certifying the description of the land, lots, parcels      declared by law or §§ 94.16, 94.17 or 94.18, or any
involved, and the amount chargeable to each.               other part of this code to be a public nuisance and for
                                                           which no sentence is specifically provided.
      (D) Unpaid charges. On or before September 1         Penalty, see § 10.99
of each year, the City Clerk/Administrator shall list
the total unpaid charges for each abatement against
each separate lot or parcel to which they are              § 94.16 PUBLIC NUISANCES AFFECTING
attributable under this section. The City Council may      HEALTH.
then spread the charges or any portion thereof against
the property involved as a special assessment as                The following are hereby declared to be
authorized by M.S. § 429.101, as it may be amended         nuisances affecting health:
from time to time, and other pertinent statutes for
certification to the County Auditor and collection the         (A) Exposed accumulation of decayed or
following year along with the current taxes.               unwholesome food or vegetable matter;
Penalty, see § 10.99
                                                                (B) All diseased animals running at large;

                                                                (C) All ponds or pools of stagnant water;
                     NUISANCES
                                                                (D) Carcasses of animals not           buried   or
                                                           destroyed within 24 hours after death;
§ 94.15 PUBLIC NUISANCE.
                                                                (E) Accumulations of manure, refuse or debris;
     Whoever by his or her act or failure to perform a
legal duty intentionally does any of the following is           (F) Privy vaults and garbage cans which are not
guilty of maintaining a public nuisance, which is a        rodent-free or fly-tight or which are so maintained as
misdemeanor:                                               to constitute a health hazard or to emit foul and
                                                           disagreeable odors;
     (A) Maintains or permits a condition which
unreasonably annoys, injures or endangers the safety,           (G) The pollution of any public well or cistern,
health, morals, comfort or repose of any considerable      stream or lake, canal or body of water by sewage,
number of members of the public;                           industrial waste or other substances;

    (B) Interferes with, obstructs or renders                   (H) All noxious weeds and other rank growths
dangerous for passage any public highway or right-         of vegetation upon public or private property;
of-way, or waters used by the public; or
                                                                (I) Dense smoke, noxious fumes, gas and soot,
                                                           or cinders, in unreasonable quantities;
                                                                                                      Nuisances 33


     (J) All public exposure of people having a           § 94.18 PUBLIC NUISANCES AFFECTING
contagious disease; and                                   PEACE AND SAFETY.

     (K) Any offensive trade or business as defined            The following are declared to be nuisances
by statute not operating under local license.             affecting public peace and safety:
Penalty, see § 10.99
                                                               (A) All snow and ice not removed from public
                                                          sidewalks 24 hours after the snow or other
§ 94.17 PUBLIC NUISANCES AFFECTING                        precipitation causing the condition has ceased to fall;
MORALS AND DECENCY.
                                                               (B) All trees, hedges, billboards or other
     The following are hereby declared to be              obstructions which prevent people from having a
nuisances affecting public morals and decency:            clear view of all traffic approaching an intersection;

     (A) All gambling devices, slot machines and               (C) All wires and limbs of trees which are so
punch boards, except as otherwise authorized by           close to the surface of a sidewalk or street as to
federal, state or local law;                              constitute a danger to pedestrians or vehicles;

     (B) Betting, bookmaking and all apparatus used            (D) All obnoxious noises in violation of Minn.
in those occupations;                                     Rules Chapter 7030, as they may be amended from
                                                          time to time which are hereby incorporated by
     (C) All houses kept for the purpose of               reference into this code;
prostitution or promiscuous sexual intercourse,
gambling houses, houses of ill fame and bawdy                   (E) The discharging of the exhaust or
houses;                                                   permitting the discharging of the exhaust of any
                                                          stationary internal combustion engine, motor boat,
     (D) All places where intoxicating liquor is          motor vehicle, motorcycle, all terrain vehicle,
manufactured or disposed of in violation of law or        snowmobile or any recreational device except
where, in violation of law, people are permitted to       through a muffler or other device that effectively
resort for the purpose of drinking intoxicating liquor,   prevents loud or explosive noises therefrom and
or where intoxicating liquor is kept for sale or other    complies with all applicable state laws and
disposition in violation of law, and all liquor and       regulations;
other property used for maintaining that place; and/or
                                                               (F) The using or operation or permitting the
      (E) Any vehicle used for the unlawful               using or operation of any radio receiving set, musical
transportation of intoxicating liquor, or for             instrument, phonograph, paging system, machine or
promiscuous sexual intercourse, or any other immoral      other device for producing or reproduction of sound
or illegal purpose.                                       in a distinctly and loudly audible manner so as to
Penalty, see § 10.99                                      disturb the peace, quiet and comfort of any person
                                                          nearby; operation of any device referred to above
34                                        Ortonville - General Regulations


between the hours of 10:00 p.m. and 7:00 a.m. in a                (N) All dangerous, unguarded machinery in any
manner so as to be plainly audible at the property line      public place, or so situated or operated on private
of the structure or building in which it is located, or at   property as to attract the public;
a distance of 50 feet if the source is located outside a
structure or building shall be prima facie evidence of           (O) Wastewater cast upon or permitted to flow
violation of this section;                                   upon streets or other public properties;

     (G) The participation in a party or gathering of             (P) Accumulations in the open of discarded or
people giving rise to noise which disturbs the peace,        disused machinery, household appliances, automobile
quiet or repose of the occupants of adjoining or other       bodies or other material in a manner conducive to the
property;                                                    harboring of rats, mice, snakes or vermin, or the rank
                                                             growth of vegetation among the items so
     (H) Obstructions and excavations affecting the          accumulated, or in a manner creating fire, health or
ordinary public use of streets, alleys, sidewalks or         safety hazards from accumulation;
public grounds except under conditions as are
permitted by this code or other applicable law;                    (Q) Any well, hole or similar excavation which
                                                             is left uncovered or in another condition as to
    (I) Radio aerials or television antennae erected         constitute a hazard to any child or other person
or maintained in a dangerous manner;                         coming on the premises where it is located;

     (J) Any use of property abutting on a public                 (R) Obstruction to the free flow of water in a
street or sidewalk or any use of a public street or          natural waterway or a public street drain, gutter or
sidewalk which causes large crowds of people to              ditch with trash of other materials;
gather, obstructing traffic and the free use of the
street or sidewalk;                                               (S) The placing or throwing on any street,
                                                             sidewalk or other public property of any glass, tacks,
     (K) All hanging signs, awnings and other                nails, bottles or other substance which may injure any
similar structures over streets and sidewalks, so            person or animal or damage any pneumatic tire when
situated so as to endanger public safety, or not             passing over the substance;
constructed and maintained as provided by ordinance;
                                                                  (T) The depositing of garbage or refuse on a
      (L) The allowing of rain water, ice or snow to         public right-of-way or on adjacent private property;
fall from any building or structure upon any street or       or
sidewalk or to flow across any sidewalk;
                                                                  (U) All other conditions or things which are
    (M) Any barbed wire fence less than six feet             likely to cause injury to the person or property of
above the ground and within three feet of a public           anyone.
sidewalk or way;                                             Penalty, see § 10.99
                                                                                                       Nuisances 35


§ 94.19 DUTIES OF CITY OFFICERS.                           Council order shall be made as provided in M.S. §
                                                           463.17, Hazardous and Substandard Building Act, as
     The Police Department shall enforce the               it may be amended from time to time.
provisions relating to nuisances. Any Police Officer
shall have the power to inspect private premises and                 (4) Notice of motion for summary
take all reasonable precautions to prevent the             enforcement. Written notice of any motion for
commission and maintenance of public nuisances.            summary enforcement shall be made as provided for
                                                           in M.S. § 463.17, Hazardous and Substandard
                                                           Building Act, as it may be amended from time to
§ 94.20 ABATEMENT.                                         time.

     (A) Notice. Written notice of violation; notice           (B) Procedure.
of the time, date, place and subject of any hearing
before the City Council; notice of City Council order;               (1) Whenever a peace officer determines
and notice of motion for summary enforcement               that a public nuisance is being maintained or exists on
hearing shall be given as set forth in this section.       the premises in the city, the officer shall notify in
                                                           writing the owner of record or occupant of the
          (1) Notice of violation. Written notice of       premises of the fact and order that the nuisance be
violation shall be served by a peace officer on the        terminated or abated. The notice of violation shall
owner of record or occupant of the premises either in      specify the steps to be taken to abate the nuisance and
person or by certified or registered mail. If the          the time within which the nuisance is to be abated. If
premises is not occupied, the owner of record is           the notice of violation is not complied with within the
unknown, or the owner of record or occupant refuses        time specified, the officer shall report that fact
to accept notice of violation, notice of violation shall   forthwith to the City Council.
be served by posting it on the premises.
                                                                      (2) Thereafter, the City Council may, after
          (2) Notice of City Council hearing.              notice to the owner or occupant and an opportunity to
Written notice of any City Council hearing to              be heard, determine that the condition identified in
determine or abate a nuisance shall be served on the       the notice of violation is a nuisance and further order
owner of record and occupant of the premises either        that if the nuisance is not abated within the time
in person or by certified or registered mail. If the       prescribed by the City Council, the city may seek
premises is not occupied, the owner of record is           injunctive relief by serving a copy of the City Council
unknown, or the owner of record or occupant refuses        order and notice of motion for summary enforcement.
to accept notice of the City Council hearing, notice of
City Council hearing shall be served by posting it on           (C) Emergency procedure; summary
the premises.                                              enforcement.

          (3) Notice of City Council order. Except                  (1) In cases of emergency, where delay in
for those cases determined by the city to require          abatement required to complete the notice and
summary enforcement, written notice of any City            procedure requirements set forth in divisions (A) and
36                                      Ortonville - General Regulations


(B) of this section will permit a continuing nuisance      § 94.21 RECOVERY OF COST.
to unreasonably endanger public health safety or
welfare, the City Council may order summary                     (A) Personal liability.
enforcement and abate the nuisance. To proceed with
summary enforcement, the officer shall determine                    (1) The owner of premises on which a
that a public nuisance exists or is being maintained on    nuisance has been abated by the city shall be
premises and that delay in abatement will                  personally liable for the cost to the city of the
unreasonably endanger public health, safety or             abatement, including administrative costs.
welfare.
                                                                      (2) As soon as the work has been
         (2) The officer shall notify in writing the       completed and the cost determined, the City
occupant or owner of the premises of the nature of the     Clerk/Administrator or other official shall prepare a
nuisance and of the city’s intention to seek summary       bill for the cost and mail it to the owner. The amount
enforcement and the time and place of the City             shall be immediately due and payable at the office of
Council meeting to consider the question of summary        the City Clerk/Administrator.
enforcement.
                                                                (B) Assessment.
           (3) The City Council shall determine
whether or not the condition identified in the notice to              (1) If the nuisance is a public health or
the owner or occupant is a nuisance, whether public        safety hazard on private property, the accumulation of
health, safety or welfare will be unreasonably             snow and ice on public sidewalks, the growth of
endangered by delay in abatement required to               weeds on private property or outside the traveled
complete the procedure set forth in division (A) of        portion of streets, or unsound or insect-infected trees,
this section, and may order that the nuisance be           the City Clerk/Administrator shall, on or before
immediately terminated or abated.                          September 1 next following abatement of the
                                                           nuisance, list the total unpaid charges along with all
          (4) If the nuisance is not immediately           other of the charges as well as other charges for
terminated or abated, the City Council may order           current services to be assessed under M.S § 429.101
summary enforcement destruction or otherwise abate         against each separate lot or parcel to which the
the nuisance.                                              charges are attributable.

     (D) Immediate abatement. Nothing in this                        (2) The City Council may then spread the
section shall prevent the city, without notice or other    charges against the property under that statute and
process, from immediately abating any condition            other pertinent statutes for certification to the County
which poses an imminent and serious hazard to              Auditor and collection along with current taxes the
human life or safety.                                      following year or in annual installments, not
Penalty, see § 10.99                                       exceeding ten, as the City Council may determine in
                                                           each case.
                                                           Penalty, see § 10.99
                                                                                                     Nuisances 37


                       WEEDS                             Dodder, Field Bindweed, French Weed, Hairy
                                                         Whitetop, Hedge Bindweed, Hoary Cress,
                                                         Horsenettle, Johnsongrass, Leafy Spurge, Mile-A-
§ 94.35 SHORT TITLE.                                     Minute Weed, Musk Thistle, Oxeye Daisy, Perennial
                                                         Sowthistle, Poison Hemlock, Purple Loosestrife,
    This subchapter shall be cited as the “Weed          Quackgrass, Russian Knapweed, Russian Thistle,
Subchapter.”                                             Serrated Tussock, Shatter Cane, Sorghum, Wild
                                                         Carrot, Wild Garlic, Wild Mustard, Wild Onion, Wild
                                                         Parsnip;
§ 94.36 JURISDICTION.
                                                                  (2) Grapevines when growing in groups of
     This subchapter shall be in addition to any state   100 or more and not pruned, sprayed, cultivated or
statute or county ordinance presently in effect,         otherwise maintained for two consecutive years;
subsequently added, amended or repealed.
                                                                   (3) Bushes of the species of tall, common,
                                                         or European barberry, further known as berberis
§ 94.37 DEFINITIONS; EXCLUSIONS.                         vulgaris or its horticultural varieties;

     (A) For the purpose of this subchapter, the                   (4) Any weeds, grass or plants, other than
following definitions shall apply unless the context     trees, bushes, flowers or other ornamental plants,
clearly indicates or requires a different meaning.       growing to a height exceeding 12 inches;

     DESTRUCTION ORDER. The notice served                          (5) Rank vegetation includes the
by the City Council or designated city official, in      uncontrolled, uncultivated growth of annuals and
cases of appeal, on the property owner of the            perennial plants; and/or
ordinance violation.
                                                                   (6) The term WEEDS does not include
     PROPERTY OWNER. The person occupying                shrubs, trees, cultivated plants or crops.
the property, the holder of legal title or a person
having control over the property of another, such as a        (B) In no event shall cultivated plants or crops
right-of-way, easement, license or lease.                include plants which are defined by statute or rule as
                                                         being noxious or detrimental plants.
     WEEDS, GRASSES and RANK
VEGETATION. Includes, but is not limited to the
following:                                               § 94.38 OWNERS RESPONSIBLE FOR
                                                         TRIMMING, REMOVAL AND THE LIKE.
           (1) Noxious weeds and rank vegetation
shall include but not be limited to: alum (allium),          All property owners shall be responsible for the
Buckthorn, Bur Cucumber, Canada Thistle,                 removal, cutting or disposal and elimination of
Corncockle, Cressleaf Groundsel, Curly Dock,             weeds,
38                                       Ortonville - General Regulations


grasses and rank vegetation or other uncontrolled                 (B) (1) All notices are to be in writing and all
plant growth on their property, which at the time of        filings are to be with the City Clerk/Administrator.
notice, is in excess of 12 inches in height.
Penalty, see § 10.99                                                  (2) Certified mailing to the City Clerk/
                                                            Administrator or others is deemed filed on the date of
                                                            posting to the United States Postal Service.
§ 94.39 FILING COMPLAINT.

     Any person, including the city, who believes           § 94.41 APPEALS.
there is property located within the corporate limits of
the city which has growing plant matter in violation              (A) The property owner may appeal by filing
of this subchapter shall make a written complaint           written notice of objections with the City Council
signed, dated and filed with the City                       within 48 hours of the notice, excluding weekends
Clerk/Administrator. If the city makes the complaint,       and holidays, if the property owner contests the
an employee, officer or Council Member of the city          finding of the City Council. It is the property
shall file the complaint in all respects as set out         owner’s responsibility to demonstrate that the matter
above.                                                      in question is shrubs, trees, cultivated plants or crops
                                                            or is not otherwise in violation of this subchapter, and
                                                            should not be subject to destruction under this
§ 94.40 NOTICE OF VIOLATIONS.                               subchapter.

      (A) Upon receiving notice of the probable                  (B) An appeal by the property owner shall be
existence of weeds in violation of this subchapter, a       brought before the City Council and shall be decided
person designated by the City Council shall make an         by a majority vote of the Council Members in
inspection and prepare a written report to the City         attendance and being at a regularly scheduled or
Council regarding the condition. The City Council,          special meeting of the City Council.
upon concluding that there is a probable belief that
this subchapter has been violated, shall forward
written notification in the form of a “destruction          § 94.42 ABATEMENT BY CITY.
order” to the property owner or the person occupying
the property as that information is contained within              In the event that the property owner shall fail to
the records of the City Clerk/Administrator or any          comply with the “destruction order” within seven
other city agency. The notice shall be served in            regular business days and has not filed a notice within
writing by certified mail. The notice shall provide         48 hours to the City Clerk/Administrator of an intent
that within seven regular business days after the           to appeal, the City Council may employ the services
receipt of the notice that the designated violation shall   of city employees or outside contractors and remove
be removed by the property owner or person                  the weeds to conform to this subchapter by all lawful
occupying the property.                                     means.
                                                                                                        Nuisances 39


§ 94.43 LIABILITY.                                              OPEN BURNING. The burning of any matter if
                                                           the resultant combustion products are emitted directly
     (A) The property owner is liable for all costs of     to the atmosphere without passing through a stack,
removal, cutting or destruction of weeds as defined        duct or chimney, except a “recreational fire,” as
by this subchapter.                                        defined herein. Mobile cooking devices such as
                                                           manufactured hibachis, charcoal grills, wood smokers
     (B) The property owner is responsible for all         and propane or natural gas devices are not defined as
collection costs associated with weed destruction,         OPEN BURNING.
including, but not limited to court costs, attorney’s
fees and interest on any unpaid amounts incurred by              RECREATIONAL FIRE. A fire set with
the city. If the city uses municipal employees, it shall   approved starter fuel no more than three feet in
set and assign an appropriate per hour rate for            height, contained within the border of a “recreational
employees, equipment, supplies and chemicals which         fire site” using dry, clean wood; producing little
may be used.                                               detectable smoke, odor or soot beyond the property
                                                           line; conducted with an adult tending the fire at all
     (C) All sums payable by the property owner are        times; for recreational, ceremonial, food preparation
to be paid to the City Clerk/Administrator and to be       for social purposes; extinguished completely before
deposited in a general fund as compensation for            quitting the occasion; and respecting weather
expenses and costs incurred by the city.                   conditions, neighbors, burning bans, and air quality
                                                           so that nuisance, health or safety hazards will not be
    (D) All sums payable by the property owner             created. No more than one RECREATIONAL FIRE
may be collected as a special assessment as provided       is allowed on any property at one time.
by M.S. § 429.101, as amended from time to time.
                                                                RECREATIONAL FIRE SITE. An area of no
                                                           more than a three foot diameter circle (measured from
                                                           the inside of the fire ring or border); completely
                  OPEN BURNING                             surrounded by non-combustible and non-smoke or
                                                           odor producing material, either of natural rock,
                                                           cement, brick, tile or blocks or ferrous metal only
§ 94.60 DEFINITIONS.                                       which area is depressed below ground, on the ground,
                                                           or on a raised bed. Included are permanent outdoor
     For the purpose of this chapter, the following        wood burning fireplaces. Burning barrels are not a
definitions shall apply unless the context clearly         RECREATION FIRE SITE, as defined herein.
indicates or requires a different meaning.                 RECREATIONAL FIRE SITES shall not be located
                                                           closer than 25 feet to any structure.
     FIRE CHIEF, FIRE MARSHAL and
ASSISTANT FIRE MARSHALS. The Fire Chief,                        STARTER FUELS. Dry, untreated, unpainted,
Fire Marshal and Assistant Fire Marshals of the Fire       kindling, branches, cardboard or charcoal fire starter.
Department which provides fire protection services to      Paraffin candles and alcohols are permitted as
the city.                                                  STARTER FUELS and as aids to ignition only.
40                                      Ortonville - General Regulations


Propane gas torches or other clean gas burning                (D) No person shall conduct, cause or permit
devices causing minimal pollution must be used to         open burning of any leaves or grass clippings.
start an open burn.                                       Penalty, see § 10.99

     WOOD.
                                                          § 94.62 PERMIT REQUIRED FOR OPEN
          (1) Dry, clean fuel only such as twigs,         BURNING.
branches, limbs, “presto logs,” charcoal, cord wood
or untreated dimensional lumber. The term does not             No person shall start or allow any open burning
include wood that is green with leaves or needles,        on any property in the city without first having
rotten, wet, oil soaked, or treated with paint, glue or   obtained an open burn permit, except that a permit is
preservatives.                                            not required for any fire which is a recreational fire,
                                                          as defined in § 94.60.
          (2) Clean pallets may be used for               Penalty, see § 10.99
recreational fires when cut into three-foot lengths.

                                                          § 94.63 PURPOSES ALLOWED FOR OPEN
§ 94.61 PROHIBITED MATERIALS.                             BURNING.

      (A) No person shall conduct, cause or permit             (A) Open burn permits may be issued only for
open burning oils, petro fuels, rubber, plastics,         the following purposes:
chemically treated materials or other materials which
produce excessive or noxious smoke such as tires,                   (1) Elimination by fire of health hazard
railroad ties, treated, painted or glued wood             that cannot be abated by other practical means;
composite shingles, tar paper, insulation, composition
board, sheetrock, wiring, paint or paint fillers.                   (2) Ground thawing for utility repair and
                                                          construction;
      (B) No person shall conduct, cause or permit
open burning of hazardous waste or salvage                           (3) Disposal of vegetative matter for
operations, open burning of solid waste generated         managing forest, prairie or wildlife habitat, and in the
from an industrial or manufacturing process or from a     development and maintenance of land and rights-of-
service or commercial establishment or building           way where chipping, composting, landspreading or
material generated from demolition of commercial or       other alternative methods are not practical;
institutional structures.
                                                                     (4) Disposal of diseased trees generated on
    (C) No person shall conduct, cause or permit          site, diseased or infected nursery stock, diseased bee
open burning of discarded material resulting from the     hives; and
handling, processing, storage, preparation, serving or
consumption of food.
                                                                                                      Nuisances 41


          (5) Disposal of unpainted, untreated, non-      § 94.66 PERMIT HOLDER RESPONSIBILITY.
glued lumber and wood shakes generated from
construction, where recycling, reuse, removal or other         (A) (1) Prior to starting an open burn, the
alternative disposal methods are not practical.           permit holder shall be responsible for confirming that
                                                          no burning ban or air quality alert is in effect. Every
     (B) Fire Training permits can only be issued by      open burn event shall be constantly attended by the
the Minnesota Department of Natural Resources.            permit holder or his or her competent representative.
Penalty, see § 10.99                                                (2) The open burning site shall have
                                                          available, appropriate communication and fire
                                                          suppression equipment as set out in the fire safety
§ 94.64 PERMIT APPLICATION FOR OPEN                       plan.
BURNING; PERMIT FEES.
                                                               (B) (1) The open burn fire shall be completely
     (A) (1) Open burning permits shall be                extinguished before the permit holder or his or her
obtained by making application on a form prescribed       representative leaves the site.
by the Department of Natural Resources (DNR) and
adopted by the Fire Department.                                    (2) No person may allow a fire to smolder
                                                          with no person present.
          (2) The permit application shall be
presented to the Fire Chief, Fire Marshal and                       (3) It is the responsibility of the permit
Assistant Fire Marshals for reviewing and processing      holder to have a valid permit, as required by this
those applications.                                       subchapter, available for inspection on the site by the
                                                          Police Department, Fire Department, MPCA
    (B) An open burning permit may require the            representative or DNR forest officer.
payment of a fee. Permit fees, if any, shall be in the
amount established in city resolution.                         (C) The permit holder is responsible for
Penalty, see § 10.99                                      compliance and implementation of all general
                                                          conditions, special conditions and the burn event
                                                          safety plan as established in the permit issued. The
§ 94.65 PERMIT PROCESS FOR OPEN                           permit holder shall be responsible for all costs
BURNING.                                                  incurred as a result of the burn, including but not
                                                          limited to fire suppression and administrative fees.
     Upon receipt of the completed open burning           Penalty, see § 10.99
permit application and permit fee, the Fire Chief, Fire
Marshal or Assistant Fire Marshals shall schedule a
preliminary site inspection to locate the proposed
burn site, note special conditions, and set dates and
times of permitted burn and review fire safety
considerations.
42                                       Ortonville - General Regulations


§ 94.67 REVOCATION OF OPEN BURNING                          § 94.70 RULES AND LAWS ADOPTED BY
PERMIT.                                                     REFERENCE.

      The open burning permit is subject to revocation            The provisions of M.S. §§ 88.16 to 88.22 and the
at the discretion of the DNR forest officer, the Fire       Minnesota Uniform Fire Code, Minn. Rules Chapter
Chief, Fire Marshal or Assistant Fire Marshals.             1510, as these statutes and rules may be amended
Reasons for revocation include but are not limited to       from time to time, are hereby adopted by reference
a fire hazard existing or developing during the course      and made a part of this subchapter as if fully set forth
of the burn, any of the conditions of the permit being      at this point.
violated during the course of the burn, pollution or
nuisance conditions developing during the course of
the burn, or a fire smoldering with no flame present.
Penalty, see § 10.99


§ 94.68 DENIAL OF OPEN BURNING PERMIT.

      If established criteria for the issuance of an open
burning permit are not met during review of the
application, it is determined that a practical
alternative method for disposal of the material exists,
or a pollution or nuisance condition would result, or if
a burn event safety plan cannot be drafted to the
satisfaction of the Fire Chief, Fire Marshal or
Assistant Fire Marshals, these officers may deny the
application for the open burn permit.


§ 94.69 BURNING BAN OR AIR QUALITY
ALERT.

     No recreational fire or open burn will be
permitted when the city or DNR has officially
declared a burning ban due to potential hazardous fire
conditions or when the MPCA has declared an Air
Quality Alert.
Penalty, see § 10.99
Section

                           CHAPTER 95: STREETS AND SIDEWALKS
              General Provisions                 95.39  Abandoned facilities; removal of

    95.01   Sidewalk construction
    95.02   Removal of snow, ice and the like

     Right-Of-Way Construction Regulations

    95.20   Election to manage the public right-of-
            way
    95.21   Definitions and adoption of rules by
            reference
    95.22   Permit requirement
    95.23   Permit applications
    95.24   Issuance of permit; conditions
    95.25   Permit fees
    95.26   Right-of-way patching and restoration
    95.27   Supplementary applications
    95.28   Denial of permit
    95.29   Installation requirements
    95.30   Inspection
    95.31   Work done without a permit
    95.32   Supplementary notification                    95.40     Appeal
    95.33   Revocation of permits                         95.41     Reservation of regulatory and police
    95.34   Mapping data; information required
    95.35   Location of facilities
    95.36   Damage to other facilities
    95.37   Right-of-way vacation
    95.38   Indemnification and liability

                                                      Cross-reference:
                                                          Assessable current services, see § 94.01
                                                          Street Committee, see § 31.10
                                                          Street Department, see § 31.04
                                                          Weeds, see §§ 94.35 through 94.43




                                                                   GENERAL PROVISIONS


                                                      § 95.01 SIDEWALK CONSTRUCTION.
     (A) All sidewalks that shall hereafter be built    permitted to be used in the repair of any sidewalk.
within the limits of the city shall be constructed of   The Council may suspend the operation by special
cement or stone and no sidewalk shall be hereafter      action of Council had at a lawful meeting.
constructed of lumber or other combustible material.    (Ord. 73, passed 4-25-1903; Am. Ord. 103, passed 7-
                                                        1-1912)
     (B) No present existing sidewalk shall be
repaired with lumber and no wooden material shall be
     43
44                                      Ortonville - General Regulations


§ 95.02 REMOVAL OF SNOW, ICE AND THE                       along with current taxes the following year or in
LIKE.                                                      annual installments, not exceeding ten, as the Council
                                                           may determine in each case.
     (A) Duty of owners and occupants. The owner           (Ord. 553, passed 4-5-1993)
and the occupant of any property adjacent to a public
sidewalk shall use diligence to keep the walk safe for
pedestrians. No owner or occupant shall allow snow,
ice, dirt or rubbish to remain on the sidewalk longer             RIGHT-OF-WAY CONSTRUCTION
than 48 hours after its deposit thereon.                                 REGULATIONS

     (B) Removal by city.
                                                           § 95.20 ELECTION TO MANAGE THE
           (1) The Public Works Director shall cause       PUBLIC RIGHT-OF-WAY.
to be removed from all public sidewalks all snow, ice,
dirt and rubbish as soon as possible beginning 48               In accordance with the authority granted to the
hours after any matter has been deposited thereon or       city under state and federal statutory, administrative,
after the snow has ceased to fall. The Director shall      and common law, the city hereby elects pursuant to
keep a record showing the cost of removal adjacent to      this chapter to manage rights-of-way within its
each separate lot and parcel and shall deliver the         jurisdiction.
information to the City Clerk/Administrator.

          (2) The City Clerk/Administrator shall           § 95.21 DEFINITIONS AND ADOPTION OF
cause the mailing of proper billings of the costs to the   RULES BY REFERENCE.
owner or occupant.
                                                                Minn. Rules Chapter 7819, as it may be
     (C) Assessment.                                       amended from time to time, is hereby adopted by
                                                           reference and is incorporated into this code as if set
          (1) On or before October 1 of each year,         out in full. The definitions included in Minn. Rules
the City Clerk/Administrator shall list the total unpaid   part 7819.0100 subds. 1 through 23, as it may be
charges for removal service by the city against each       amended from time to time, are the definitions of the
separate lot or parcel to which they are attributable      terms used in the following provisions of this
under this section.                                        subchapter.

           (2) The Council may then spread the
charges against property benefitted as a special           § 95.22 PERMIT REQUIREMENT.
assessment under M.S. § 429.101 and other pertinent
statutes, as they may be amended from time to time,             (A) Permit required.      Except as otherwise
for certification to the County Auditor and collection     provided in this code, no person may obstruct or
                                                           excavate any right-of-way without first having
                                                           obtained the appropriate permit from the city.
                                                                                           Streets and Sidewalks 45


          (1) Excavation permit. An excavation              § 95.23 PERMIT APPLICATIONS.
permit is required to excavate that part of the right-of-
way described in the permit and to hinder free and               Application for a permit shall contain, and will
open passage over the specified portion of the right-       be considered complete only upon compliance with
of-way by placing facilities described therein, to the      the requirements of the following provisions:
extent and for the duration specified therein.
                                                                 (A) Submission of a completed permit
          (2) Obstruction permit. An obstruction            application form, including all required attachments,
permit is required to hinder free and open passage          scaled drawings showing the location and area of the
over the specified portion of right-of-way by placing       proposed project and the location of all known
equipment described therein on the right-of-way, to         existing and proposed facilities, and the following
the extent and for the duration specified therein. An       information:
obstruction permit is not required if a person already
possesses a valid excavation permit for the same                       (1) Each permittee’s name, gopher one-
project.                                                    call registration certificate number, address and e-
                                                            mail address if applicable, and telephone and
     (B) Permit extensions. No person may                   facsimile numbers;
excavate or obstruct the right-of-way beyond the date
or dates specified in the permit unless the person                     (2) The name, address and e-mail address,
makes a supplementary application for another right-        if applicable, and telephone and facsimile numbers of
of-way permit before the expiration of the initial          a local representative. The local representative or
permit, and a new permit or permit extension is             designee shall be available at all times. Current
granted.                                                    information regarding how to contact the local
                                                            representative in an emergency shall be provided at
      (C) Delay penalty. In accordance with Minn.           the time of registration;
Rules part 7819.1000 subd. 3, as it may be amended
from time to time and notwithstanding division (B) of                (3) A certificate of insurance or self-
this section, the city shall establish and impose a         insurance:
delay penalty for unreasonable delays in right-of-way
excavation, obstruction, patching, or restoration. The                     (a) Verifying that an insurance policy
delay penalty shall be established from time to time        has been issued to the registrant by an insurance
by Council ordinance, as it may be amended from             company licensed to do business in the state, or a
time to time.                                               form of self-insurance acceptable to the Director;

      (D) Permit display. Permits issued under this                         (b) Verifying that the registrant is
subchapter shall be conspicuously displayed or              insured against claims for personal injury, including
otherwise available at all times at the indicated work      death, as well as claims for property damage arising
site and shall be available for inspection by the           out of the use and occupancy of the right-of-way by
Director.                                                   the registrant, its officers, agents, employees, and
Penalty, see § 10.99                                        permittees, and placement and use of facilities and
46                                     Ortonville - General Regulations


equipment in the right-of-way by the registrant, its          (B) Payment of money due the city for:
officers, agents, employees, and permittees,
including, but not limited to, protection against                  (1) Permit fees as established by Council
liability arising from completed operations, damage       ordinance, as may be amended from time to time,
of underground facilities, and collapse of property;      estimated restoration costs and other management
                                                          costs;
               (c) Naming the city as an additional
insured as to whom the coverages required herein are               (2) Prior obstructions or excavations;
in force and applicable and for whom defense will be
provided as to all coverages;                                       (3) Any undisputed loss, damage,          or
                                                          expense suffered by the city because of            the
              (d) Requiring that the Director be          applicant’s prior excavations or obstructions of   the
notified 30 days in advance of cancellation of the        rights-of-way or any emergency actions taken by    the
policy or material modification of a coverage term;       city; or
and
                                                                    (4) Franchise fees or other charges as
                (e) Indicating comprehensive liability    established by Council ordinance, as may be amended
coverage, automobile liability coverage, workers          from time to time, if applicable.
compensation and umbrella coverage established by
the Director in amounts sufficient to protect the city
and the public and to carry out the purposes and          § 95.24 ISSUANCE OF PERMIT;
policies of this subchapter;                              CONDITIONS.

          (4) The city may require a copy of the                (A) Permit issuance. If the applicant has
actual insurance policies;                                satisfied the requirements of this subchapter, the
                                                          Director shall issue a permit.
          (5) If the person is a corporation, a copy of
the certificate required to be filed under M.S. §              (B) Conditions. The Director may impose
300.06, as it may be amended from time to time as         reasonable conditions upon the issuance of the permit
recorded and certified to by the Secretary of State;      and the performance of the applicant thereunder to
and                                                       protect the health, safety, and welfare or when
                                                          necessary to protect the right-of-way and its current
           (6) A copy of the person’s order granting a    use.
certificate of authority from the Minnesota Public
Utilities Commission or other applicable state or
federal agency, where the person is lawfully required     § 95.25 PERMIT FEES.
to have the certificate from the Commission or other
state or federal agency.                                       (A) Permit fees shall be in an amount
                                                          established by Council ordinance, as may be amended
                                                          from time to time.
                                                                                         Streets and Sidewalks 47


     (B) Excavation permit fee. The city shall           § 95.26 RIGHT-OF-WAY PATCHING AND
establish an excavation permit fee as established by     RESTORATION.
Council ordinance, as may be amended from time to
time, in an amount sufficient to recover the following        (A) Timing. The work to be done under the
costs:                                                   excavation permit, and the patching and restoration of
                                                         the right-of-way as required herein, must be
          (1) The city management costs; and             completed within the dates specified in the permit,
                                                         increased by as many days as work could not be done
          (2) Degradation costs, if applicable.          because of circumstances beyond the control of the
                                                         permittee or when work was prohibited as unseasonal
     (C) Obstruction permit fee. The city shall          or unreasonable under this subchapter.
establish the obstruction permit fee as established by
Council ordinance, as may be amended from time to             (B) Patch and restoration. The permittee shall
time, and shall be in an amount sufficient to recover    patch its own work. The city may choose either to
the city management costs.                               have the city restore the right-of-way or to restore the
                                                         right-of-way itself.
     (D) Payment of permit fees. No excavation
permit or obstruction permit shall be issued without               (1) City restoration. If the city restores
payment of excavation or obstruction permit fees.        the right-of-way, the permittee shall pay the costs
The city may allow applicants to pay those fees          thereof within 30 days of billing. If following the
within 30 days of billing.                               restoration, the pavement settles due to the
                                                         permittee’s improper backfilling, the permittee shall
     (E) Non-refundable. Permit fees as established      pay to the city, within 30 days of billing, all costs
by Council ordinance, as may be amended from time        associated with having to correct the defective work.
to time, that were paid for a permit that the Director
has revoked for a breach as stated in § 95.33 are not              (2) Permittee restoration. If the permittee
refundable.                                              restores the right-of-way itself, it shall at the time of
                                                         application for an excavation permit post a
     (F) Application to franchises. Unless otherwise     construction performance bond in accordance with
agreed to in a franchise, management costs may be        the provisions of Minn. Rules part 7819.3000, as it
charged separately from and in addition to the           may be amended from time to time.
franchise fees imposed on a right-of-way user in the
franchise.                                                    (C) Standards. The permittee shall perform
                                                         patching and restoration according to the standards
    (G) All permit fees shall be established             and with the materials specified by the city and shall
consistent with the provisions of Minn. Rules part       comply with Minn. Rules part 7819.1100, as it may
7819.100, as it may be amended from time to time.        be amended from time to time. The Director shall
Penalty, see § 10.99                                     have the authority to prescribe the manner and extent
48                                      Ortonville - General Regulations


of the restoration, and may do so in written               in the permit. No permittee may do any work outside
procedures of general application or on a case-by-         the area specified in the permit, except as provided
case basis.                                                herein. Any permittee which determines that an area
                                                           greater than that specified in the permit must be
     (D) Duty to correct defects. The permittee shall      obstructed or excavated must before working in that
correct defects in patching, or restoration performed      greater area make application for a permit extension
by the permittee or its agents. The permittee upon         and pay any additional fees required thereby, and be
notification from the Director, shall correct all          granted a new permit or permit extension.
restoration work to the extent necessary, using the
method required by the Director. The work shall be              (B) Limitation on dates. A right-of-way permit
completed within five calendar days of the receipt of      is valid only for the dates specified in the permit. No
the notice from the Director, not including days           permittee may begin its work before the permit start
during which work cannot be done because of                date or, except as provided herein, continue working
circumstances constituting force majeure or days           after the end date. If a permittee does not finish the
when work is prohibited as unseasonal or                   work by the permit end date, it must apply for a new
unreasonable under this subchapter.                        permit for the additional time it needs, and receive the
                                                           new permit or an extension of the old permit before
      (E) Failure to restore. If the permittee fails to    working after the end date of the previous permit.
restore the right-of-way in the manner and to the          This supplementary application must be submitted
condition required by the Director, or fails to            before the permit end date.
satisfactorily and timely complete all restoration
required by the Director, the Director at its option
may do the work. In that event the permittee shall         § 95.28 DENIAL OF PERMIT.
pay to the city, within 30 days of billing, the cost of
restoring the right-of-way. If the permittee fails to           The city may deny a permit for failure to meet
pay as required, the city may exercise its rights under    the requirements and conditions of this chapter or if
the construction performance bond.                         the city determines that the denial is necessary to
                                                           protect the health, safety, and welfare or when
     (F) Degradation fee in lieu of restoration. In        necessary to protect the right-of-way and its current
lieu of right-of-way restoration, a right-of-way user      use.
may elect to pay a degradation fee as established by
Council ordinance, as may be amended from time to
time. However, the right-of-way user shall remain          § 95.29 INSTALLATION REQUIREMENTS.
responsible for patching and the degradation fee shall
not include the cost to accomplish these                        The excavation, backfilling, patching and
responsibilities.                                          restoration, and all other work performed in the right-
                                                           of-way shall be done in conformance with Minn.
                                                           Rules part 7819.1100, as it may be amended from
§ 95.27 SUPPLEMENTARY APPLICATIONS.                        time to time and other applicable local requirements,
                                                           in so far as they are not inconsistent with M.S. §§
     (A) Limitation on area. A right-of-way permit         237.162 and 237.163, as they may be amended from
is valid only for the area of the right-of-way specified   time to time.
                                                                                           Streets and Sidewalks 49


§ 95.30 INSPECTION.                                         regarding its facilities which it considers to be an
                                                            emergency. The owner of the facilities may proceed
    (A) Notice of completion. When the work                 to take whatever actions are necessary to respond to
under any permit hereunder is completed, the                the emergency. Within two business days after the
permittee shall furnish a completion certificate in         occurrence of the emergency, the owner shall apply
accordance with Minn. Rules part 7819.1300, as it           for the necessary permits, pay the fees associated
may be amended from time to time.                           therewith and fulfill the rest of the requirements
                                                            necessary to bring itself into compliance with this
     (B) Site inspection. The permittee shall make          chapter for the actions it took in response to the
the work-site available to city personnel and to all        emergency.
others as authorized by law for inspection at all
reasonable times during the execution of and upon                    (2) If the city becomes aware of an
completion of the work.                                     emergency regarding facilities, the city will attempt
                                                            to contact the local representative of each facility
     (C) Authority of Director.                             owner affected, or potentially affected, by the
                                                            emergency. In any event, the city may take whatever
          (1) At the time of inspection, the Director       action it deems necessary to respond to the
may order the immediate cessation of any work               emergency, the cost of which shall be borne by the
which poses a serious threat to the life, health, safety,   person whose facilities occasioned the emergency.
or well-being of the public.
                                                                 (B) Non-emergency situations. Except in an
           (2) The Director may issue an order to the       emergency, any person who, without first having
permittee for any work which does not conform to the        obtained the necessary permit, obstructs or excavates
terms of the permit or other applicable standards,          a right-of-way must subsequently obtain a permit, and
conditions, or codes. The order shall state that failure    as a penalty pay double the normal fee for the permit,
to correct the violation will be cause for revocation of    pay double all the other fees required by this code,
the permit. Within ten days after issuance of the           deposit with the city the fees necessary to correct any
order, the permittee shall present proof to the Director    damage to the right-of-way and comply with all of
that the violation has been corrected. If proof has not     the requirements of this subchapter.
been presented within the required time, the Director
may revoke the permit pursuant to § 95.33.
                                                            § 95.32 SUPPLEMENTARY NOTIFICATION.

§ 95.31 WORK DONE WITHOUT A PERMIT.                              If the obstruction or excavation of the right-of-
                                                            way begins later or ends sooner than the date given
     (A) Emergency situations.                              on the permit, the permittee shall notify the Director
                                                            of the accurate information as soon as this
         (1) Each person with facilities in the right-      information is known.
of-way shall immediately notify the city of any event
50                                       Ortonville - General Regulations


§ 95.33 REVOCATION OF PERMITS.                              revocation of the permit. A substantial breach, as
                                                            stated above, will allow the city, at its discretion, to
     (A) Substantial breach. The city reserves its          place additional or revised conditions on the permit to
right, as provided herein, to revoke any right-of-way       mitigate and remedy the breach.
permit, without a fee refund if there is a substantial
breach of the terms and conditions of any statute,               (C) Response to notice of breach. Within 24
ordinance, rule or regulation, or any material              hours of receiving notification of the breach, the
condition of the permit. A substantial breach by the        permittee shall provide the city with a plan,
permittee shall include, but shall not be limited, to the   acceptable to the city, that will cure the breach. The
following:                                                  permittee’s failure to so contact the city, or the
                                                            permittee’s failure to submit an acceptable plan, or
           (1) The violation of any material provision      the permittee’s failure to reasonably implement the
of the right-of-way permit;                                 approved plan, shall be cause for immediate
                                                            revocation of the permit.
          (2) An evasion or attempt to evade any
material provision of the right-of-way permit, or the            (D) Reimbursement of city costs. If a permit is
perpetration or attempt to perpetrate any fraud or          revoked, the permittee shall also reimburse the city
deceit upon the city or its citizens;                       for the city’s reasonable costs, including restoration
                                                            costs and the costs of collection and reasonable
          (3) Any material misrepresentation of fact        attorneys’ fees incurred in connection with the
in the application for a right-of-way permit;               revocation.

         (4) The failure to complete the work in a
timely manner; unless a permit extension is obtained        § 95.34 MAPPING DATA; INFORMATION
or unless the failure to complete work is due to            REQUIRED.
reasons beyond the permittees control; or
                                                                 Each permittee shall provide mapping
          (5) The failure to correct, in a timely           information required by the city in accordance with
manner, work that does not conform to a condition           Minn. Rules parts 7819.4000 and 7819.4100, as it
indicated on an order issued pursuant to § 95.30.           may be amended from time to time.

     (B) Written notice of breach. If the city
determines that the permittee has committed a               § 95.35 LOCATION OF FACILITIES.
substantial breach of a term or condition of any
statute, ordinance, rule, regulation or any condition of         (A) Compliance required. Placement, location,
the permit the city shall make a written demand upon        and relocation of facilities must comply with
the permittee to remedy that violation. The demand          applicable laws, and with Minn. Rules parts
shall state that continued violations may be cause for      7819.3100, 7819.5000 and 7819.5100, as they may
                                                            be amended from time to time, to the extent the rules
                                                            do not limit authority otherwise available to cities.
                                                                                              Streets and Sidewalks 51


      (B) Corridors. The city may assign specific            shall be responsible for the cost of repairing any
corridors within the right-of-way, or any particular         damage to the facilities of another registrant caused
segment thereof as may be necessary, for each type of        during the city’s response to an emergency
facilities that is or, pursuant to current technology, the   occasioned by that owner’s facilities.
city expects will someday be located within the right-
of-way. All excavation, obstruction, or other permits
issued by the city involving the installation or             § 95.37 RIGHT-OF-WAY VACATION.
replacement of facilities shall designate the proper
corridor for the facilities at issue.                             If the city vacates a right-of-way which contains
                                                             the facilities of a registrant, the registrant’s rights in
     (C) Limitation of space. To protect the health,         the vacated right-of-way are governed by Minn.
safety, and welfare or when necessary to protect the         Rules part 7819.3200, as it may be amended from
right-of-way and its current use, the Director shall         time to time.
have the power to prohibit or limit the placement of
new or additional facilities within the right-of-way.
In making those decisions, the Director shall strive to      § 95.38 INDEMNIFICATION AND LIABILITY.
the extent possible to accommodate all existing and
potential users of the right-of-way, but shall be                 By applying for and accepting a permit under
guided primarily by considerations of the public             this subchapter, a permittee agrees to defend and
interest, the public’s needs for the particular utility      indemnify the city in accordance with the provisions
service, the condition of the right-of-way, the time of      of Minn. Rules 7819.1250, as it may be amended
year with respect to essential utilities, the protection     from time to time.
of existing facilities in the right-of-way, and future
city plans for public improvements and development
projects which have been determined to be in the             § 95.39 ABANDONED FACILITIES;
public interest.                                             REMOVAL OF ABANDONED FACILITIES.

                                                                  Any person who has abandoned facilities in any
§ 95.36 DAMAGE TO OTHER FACILITIES.                          right-of-way shall remove them from that right-of-
                                                             way if required in conjunction with other right-of-
     (A) When the city does work in the right-of-            way repair, excavation, or construction, unless this
way and finds it necessary to maintain, support, or          requirement is waived by the Director.
move facilities to protect it, the Director shall notify
the local representative as early as is reasonably
possible and placed as required. The costs associated        § 95.40 APPEAL.
therewith will be billed to that registrant and must be
paid within 30 days from the date of billing.                     A right-of-way user that has been denied
                                                             registration; has been denied a permit; has had a
     (B) Each facility owner shall be responsible for        permit revoked; or believes that the fees imposed are
the cost of repairing any facilities in the right-of-way     invalid, may have the denial, revocation, or fee
which it or its facilities damages. Each facility owner
52                                      Ortonville - General Regulations


imposition reviewed, upon written request, by the
City Council. The City Council shall act on a timely
written request at its next regularly scheduled
meeting. A decision by the City Council affirming
the denial, revocation, or fee as imposition will be in
writing and supported by written findings
establishing the reasonableness of the decision.


§ 95.41 RESERVATION OF REGULATORY
AND POLICE POWERS.

     A permittee’s or registrant’s rights are subject to
the regulatory and police powers of the city to adopt
and enforce general ordinances necessary to protect
the health, safety and welfare of the public.
Section

    96.01     Definitions                                    SHRUBBERY
                                 CHAPTER 96: TREES ANDTREE SIZES.
    96.02     Tree Board; interference prohibited
    96.03     Types of trees planted                              (1) MEDIUM TREE. Any plant material
    96.04     Spacing and location requirements        that will grow to a height of 30 to 50 feet.
    96.05     Public tree care; destruction prohibited
    96.06     Tree topping                                        (2) LARGE TREE. Any plant material
    96.07     Dead or diseased tree removal            that will grow to a height of over 50 feet.
    96.08     Right of review by City Council          (Ord. 546, passed 12-21-1992)
Cross-reference:
    Streets and Sidewalks, see Chapter 95                         (3) SMALL TREE. Any plant material
    Tree diseases, see § 94.02                         that will grow to a height of up to 20 feet.


§ 96.01 DEFINITIONS.                                    § 96.02 TREE BOARD; INTERFERENCE
                                                        PROHIBITED.
     For the purpose of this chapter, the following
definitions shall apply unless the context clearly           (A) There is hereby created and established a
indicates or requires a different meaning.              City Tree Board, “Tree Board,” for the city, which
                                                        Tree Board shall consist of not less than five
     PARK TREES. Trees, shrubs, bushes and all          members, who shall be appointed by the Mayor with
other woody vegetation in public parks having           the approval of the City Council. Members shall be
individual names, and all areas owned by the city, or   appointed for terms of three years. Unless the Council
to which the public has free access as a park.          shall provide otherwise, two members of the City
                                                        Park and Recreation Board, herein “Park Board,” are
     STREET TREES. Trees, shrubs, bushes and all        hereby designated as part of the Tree Board.
other woody vegetation on land lying between            Members of the Park Board shall hold office
property lines on either side of all streets, avenues   concurrently with their terms as Park Board members.
and boulevards within the city.                         The Park Supervisor shall be an ex-officio, non-
                                                        voting member of the Tree Board.

    53
54                                     Ortonville - General Regulations


      (B) Of the original five-member Board, one              (F) It shall be unlawful for any person or firm
member shall serve a term of one year, two for a term    to prevent, delay or interfere with the Tree Board, or
of two years and two for a term of three years. After    any of its agents, while engaging in and about the
the terms of the original Board members expire,          planting, cultivating, mulching, pruning, spraying or
members shall be appointed for terms of three years.     removing of any street trees, park trees or trees on
The number of members may be increased or                private grounds, as authorized in this chapter.
decreased within the permitted five or seven members     (Ord. 546, passed 12-21-1992)
by subsequent resolution or ordinance.            The
resolution or ordinance shall include a provision for
maintaining                                              § 96.03 TYPES OF TREES PLANTED.
staggered terms for Board members, provided that if
the number of members is reduced the reduction shall          No species of trees may be planted on public
be affected in a manner that all incumbent members       property within the city without the prior written
are permitted to serve their full terms. Members of      permission of the Tree Board. Prior to the Tree
the Park Board shall hold office concurrently with       Board taking action, it shall review all requests for
their terms as Park Board members.                       planting to assure that the species are appropriate.
                                                         The Tree Board shall submit written reports to the
    (C) Members of the Tree Board shall serve            City Council of those matters of special requests by
without compensation.                                    the Council prior to taking official action.
                                                         (Ord. 546, passed 12-21-1992)
     (D) It shall be the responsibility of the Tree
Board to study, investigate, counsel, develop and
administer a written plan for the care, preservation,    § 96.04 SPACING AND LOCATION
pruning, planting, replanting, removal or disposition    REQUIREMENTS.
of trees and shrubs, in parks, along streets and in
other public areas. The plan shall be presented to the        (A) The spacing of street trees shall be in
Council, and following the review and approval by        accordance with tree species size classes provided in
the Council shall constitute the official                this chapter, and no trees may be planted closer
comprehensive City Tree Plan for the city. The Tree      together than as follows: small trees, 30 feet; medium
Board, when requested by the Council, shall consider,    trees, 40 feet; and large trees, 50 feet; except in
investigate, make findings, report and make              special plantings designed or approved by the Tree
recommendations concerning any special matter or         Board.
question coming within the scope of its work.
                                                               (B) The distance trees may be planted from
      (E) The Tree Board shall choose its own            curbs or curb lines and sidewalks shall be in
officers, adopt by-laws not inconsistent with this       accordance with the tree species size classes listed in
chapter and keep a journal of its proceedings. A         § 96.01, and no trees may be planted closer to any
majority of the members shall be deemed a quorum         curb or sidewalk than the following: small trees, two
for the transaction of any business.                     feet; medium trees, three feet; and large trees, four
                                                         feet.
                                                                                            Trees and Shrubbery 55


     (C) No street tree shall be planted closer than                           2. Affected with any injurious
35 feet to any street corner, measured from the point      fungus, insect or other pest;
nearest intersecting curbs or curb lines. No street tree
shall be planted closer than 15 feet to any fire                                3. Overhanging any street or
hydrant, nor closer than five feet from any driveway.      right-of-way within the city so that the branches shall
                                                           not obstruct the light from any street light or obstruct
      (D) No street trees, other than those defined as     the view of any street intersection so that there shall
“small trees” in § 96.01, may be planted under, or         be a clear space of at least eight feet above the street
within ten level feet of, any overhead utility wire; or    or sidewalk;
over or within ten lateral feet of any underground
water line, sewer line, transmission lines or other                          4. Dead, diseased or decayed
utility.                                                   which endanger or may endanger the safety of the
(Ord. 546, passed 12-21-1992)                              public; or

                                                                               5. Obstructing traffic control
§ 96.05 PUBLIC TREE CARE; DESTRUCTION                      signs or devices from the view of pedestrians or
PROHIBITED.                                                motorists so that there shall be a sufficient clear space
                                                           determined by the Tree Board, to insure proper safety
     (A) (1) The city shall have the right to plant,       for motorists or pedestrians.
prune, maintain and remove trees, plants and shrubs
within the lines of all streets, alleys, avenues, lanes,                   (b) All orders to trim, remove or treat
squares and public grounds as may be necessary to          trees, shrubs or plants given pursuant to this section,
insure the public safety or to preserve or enhance the     shall be in writing and shall be served in person or by
symmetry and beauty of the public grounds. No other        first class mail upon the owner of the property where
planting may be done without consent of the City           the trees, shrubs or plants are located.
Tree Board.
                                                                          (c) Orders shall afford the owner of
           (2) (a) The Tree Board may prune, trim,         the property not less than 14 days from the date of the
treat, remove or cause or order to be pruned, trimmed,     mailing of the notice to comply with the order.
treated, removed any trees, shrubs, bushes or parts
thereof, whether located on public or private                              (d) It shall be unlawful for any owner
property, which are:                                       of property receiving an order to fail to comply with
                                                           the order in the time specified.
                    1. In an unsafe condition or
which by reason of their nature are injurious to                          (e) If the required action is not taken
sewers, electric power lines, gas lines, water lines,      by the property owner within the specified time, the
cable TV lines or other public improvement;                Tree Board may cause the tree, shrubs or plants
                                                           concerned to be trimmed, removed or treated, with
                                                           the costs being borne by the property owner.
56                                     Ortonville - General Regulations


                (f) If not voluntarily paid to the city       (B) “Topping” is defined as the severe cutting
by the owner within 30 days of receipt by owner of        back of limbs to stubs larger than three inches in
the costs of the trimming, removal or treatment, the      diameter within the tree’s crown, to a degree so as to
costs may be recovered by the city by special             remove the normal canopy and disfigure the tree.
assessment upon the property owner or against the
property itself.                                               (C) Trees severely damaged by storms or other
                                                          causes, or certain trees under utility wires or
     (B) (1) It shall be unlawful for any person,         obstructions where other pruning practices are
firm or city department to nail signs or anything else    impractical may be exempted from this chapter at the
to any street tree or park tree.                          determination of the Tree Board.
                                                          (Ord. 546, passed 12-21-1992) Penalty, see § 10.99
          (2) It shall be unlawful for any person,
firm or city department to remove, alter or destroy
any street tree or park tree without the prior written    § 96.07 DEAD OR DISEASED TREE
authorization of the city.                                REMOVAL.

     (C) (1) The city may provide trees, free of               The city shall have the right to cause the removal
charge, to city homeowners for planting on their          of any dead or diseased trees on private property
property within the city limits. The homeowner shall      within the city, in accordance with city ordinance,
agree in writing to keep the tree(s) watered and          and nothing in this chapter shall in any way abrogate
provide other care as needed for a period of five years   or amend any provisions of city ordinance.
from date of planting; and to reimburse the city for      (Ord. 546, passed 12-21-1992)
the cost of any tree(s) provided they die, due to
neglect by the homeowner, before the aforementioned
five-year period has expired.                             § 96.08 RIGHT OF REVIEW BY CITY
                                                          COUNCIL.
         (2) If, however, the tree(s) die due to
circumstances beyond the homeowner’s control, no               Any person aggrieved by any ruling or order of
reimbursement will be due the city.                       the Tree Board may appeal to the City Council, which
(Ord. 546, passed 12-21-1992) Penalty, see § 10.99        shall hear the matter and make a final decision. The
                                                          City Council shall have the right to review the
                                                          conduct and decisions of the Tree Board. The City
§ 96.06 TREE TOPPING.                                     Council may modify, affirm or reverse any
                                                          determination of the Tree Board.
     (A) It shall be an unlawful practice for any         (Ord. 546, passed 12-21-1992)
person, firm or city department to top any street tree,
park tree or other tree on public property without
authorization from the Tree Board.
               TITLE XI: BUSINESS REGULATIONS

           Chapter

                     110. PEDDLERS AND SOLICITORS

                     111. SEXUALLY ORIENTED BUSINESS

                     112. CABLE TELEVISION

                     113. ALCOHOLIC BEVERAGES

                     114. AMUSEMENTS

                     115. LODGING TAX

                     116. MISCELLANEOUS BUSINESS REGULATIONS




                                1

2002 S-1
2   Ortonville - Business Regulations
Section

    110.01                                              partnerships and associations, the term shall include
                Definitions CHAPTER 110: PEDDLERS AND SOLICITORS
    110.02      Exceptions to definitions               each member, officer, partner, associate, agent or
    110.03      Licensing; exemptions                   employee.
    110.04      Exclusion by placard
                                                              REGULAR BUSINESS DAY. Any day during
                                                        which the city hall is normally open for the purpose
§ 110.01 DEFINITIONS.                                   of conducting public business. Holidays, by state
                                                        law, shall not be REGULAR BUSINESS DAYS.
      (A) Except as may otherwise be provided or
clearly implied by context, all terms shall be given          SOLICITOR. A person who goes from house-
their commonly accepted definitions.                    to-house, door-to-door, business-to-business, street-
                                                        to-street, or any other type of place-to-place, for the
      (B) For the purpose of this chapter, the          purpose of obtaining or attempting to obtain orders
following definitions shall apply unless the context    for goods, wares, products, merchandise, other
clearly indicates or requires a different meaning.      personal property or services of which he or she may
                                                        be carrying or transporting samples, or that may be
      PEDDLER. A person who goes from house-to-         described in a catalog or by other means, and for
house, door-to-door, business-to-business, street-to-   which delivery or performance shall occur at a later
street, or any other type of place-to-place, for the    time. The absence of samples or catalogs shall not
purpose of offering for sale, displaying or exposing    remove a person from the scope of this provision if
for sale, selling or attempting to sell, and delivering the actual purpose of the person’s activity is to obtain
immediately upon sale, the goods, wares, products,      or attempt to obtain orders as discussed above. The
merchandise or other personnel property that the        term shall mean the same as the term “canvasser.”
person is carrying or otherwise transporting. The
term PEDDLER shall mean the same as the term                  TRANSIENT MERCHANT. A person who
hawker.                                                 temporarily sets up business out of a vehicle, trailer,
                                                        boxcar, tent, other portable shelter or empty store
      PERSON.        Any natural individual, group,     front for the purpose of exposing or displaying for
organization, corporation, partnership or association.  sale, selling or attempting to sell, and delivering,
As applied to groups, organizations, corporations,      goods, wares, products, merchandise or other


                                                       3
4                                      Ortonville - Business Regulations


personal property and who does not remain or intend       § 110.03 LICENSING; EXEMPTIONS.
to remain in any one location for more than 14
consecutive days.                                              County license required. No person shall
                                                          conduct business as a peddler, solicitor or transient
                                                          merchant within the city limits without first having
§ 110.02 EXCEPTIONS TO DEFINITIONS.                       obtained the appropriate license from the county as
                                                          required by M.S. Chapter 329 as it may be amended
     (A) For the purpose of the requirements of this      from time to time.
chapter, the terms PEDDLER, SOLICITOR and
TRANSIENT MERCHANT shall not apply to any
person selling or attempting to sell at wholesale any     § 110.04 EXCLUSION BY PLACARD.
goods, wares, products, merchandise or other
personal property to a retailer of the items being sold         No peddler, solicitor or transient merchant,
by the wholesaler. The terms also shall not apply to      unless invited to do so by the property owner or
any person who makes initial contacts with other          tenant, shall enter the property of another for the
people for the purpose of establishing or trying to       purpose of conducting business as a peddler, solicitor
establish a regular customer delivery route for the       or transient merchant when the property is marked
delivery of perishable food and dairy products such as    with a sign or placard at least four inches long and
baked goods and milk, nor shall they apply to any         four inches wide with print of at least 48 point in size
person making deliveries of perishable food and dairy     stating “No Peddlers, Solicitors or Transient
products to the customers on his or her established       Merchants,” or “Peddlers, Solicitors and Transient
regular delivery route.                                   Merchants Prohibited,” or other comparable
                                                          statement. No person other than the property owner
     (B) In addition, persons conducting the type of      or tenant shall remove, deface or otherwise tamper
sales commonly known as garage sales, rummage             with any sign or placard under this section.
sales or estate sales, as well as those persons           Penalty, see § 10.99
participating in an organized multi-person bazaar or
flea market, shall be exempt from the definitions of
PEDDLERS, SOLICITORS and TRANSIENT
MERCHANTS, as shall be anyone conducting an
auction as a properly licensed auctioneer, or any
officer of the court conducting a court-ordered sale.
Exemption from the definitions for the scope of this
chapter shall not excuse a person from complying
with other applicable statutory provision or local
ordinance.
Section

    111.01                 CHAPTER 111: SEXUALLY ORIENTED (a) Prevent the deleterious location
              Purpose; findings and conclusions                       BUSINESS
    111.02    Definitions                             and concentration of sexually oriented businesses
    111.03    Classifications                         within the city;
    111.04    License required; issuance of fees
    111.05    Inspection of premises                                 (b) Prevent      additional      criminal
    111.06    Expiration, suspension or revocation    activity within the city;
    111.07    Transfer of license
    111.08    Location requirements                                  (c) Prevent         deterioration      of
    111.09    Adult motels                            neighborhoods and its consequent adverse effect on
    111.10    Live entertainment; theaters            real estate value of properties within the
    111.11    Escort agencies                         neighborhood;
    111.12    Nude modeling studios
    111.13    Public nudity                                          (d) Locate        sexually       oriented
    111.14    Children prohibited in a sexually       businesses away from schools, churches, residential
              oriented business                       properties, day-care centers, teen centers, libraries,
     111.15 Hours of operation                        parks, commercial recreational facilities for minors
     111.16 Exemptions                                and businesses selling alcoholic beverages; and
     111.17 Injunction
                                                                     (e) Prevent the spread of sexually
                                                      transmitted diseases.
§ 111.01 PURPOSE; FINDINGS AND
CONCLUSIONS.                                                     (2) The provisions of this chapter have
                                                      neither the purpose nor effect of imposing a limitation
     (A) Purpose.                                     or restriction on the content of any communicative
                                                      materials, including sexually oriented materials.
         (1) It is the purpose of this chapter to     Similarly, it is not the intent nor effect of this
regulate sexually oriented businesses in order to     ordinance to restrict or deny access by adults to
promote the health, safety, morals and general        sexually oriented materials protected by the First
welfare of the citizens of the city, and to establish Amendment, or to deny access by the distributors and
reasonable and uniform regulations to:                exhibitors of sexually oriented entertainment to their

                                                      5
6                                       Ortonville - Business Regulations


intended market. Neither is it the intent nor effect of    videos or live sex shows, as defined under this
this chapter to condone or legitimize the distribution     chapter adult book stores, adult novelty shops, adult
of obscene material.                                       video stores, adult motion picture theaters or adult
                                                           arcades;
      (B) Findings. Based on evidence concerning
the adverse secondary effects of adult uses on the                  (4) Offering and providing the space,
community presented in hearings and in reports made        encourages the activities, which create unhealthy
available to the Council, and on findings incorporated     conditions;
in the cases of City of Renton v. Playtime Theaters,
Inc., 475 U.S. 41 (1986), Young v. American Mini                     (5) Persons frequent certain adult theaters,
Theaters, 426 U.S. 50 (1976), and North End                adult arcades and other sexually oriented businesses
Cinema, Inc. v. Seattle, 585 P.2d 1153 (Wash. 1978),       for the purpose of engaging in sex within the
and on studies in other communities including, but         premises of the sexually oriented businesses;
not limited to Phoenix, Arizona; Minneapolis,
Minnesota; Houston, Texas; Indianapolis, Indiana;                     (6) At least 50 communicable diseases
Amarillo, Texas; Los Angeles, California; Austin,          may be spread by activities occurring in sexually
Texas; Seattle, Washington; Oklahoma City,                 oriented businesses, including, but not limited to
Oklahoma; and Beaumont, Texas; and also on                 syphilis, gonorrhea, human immunodeficiency virus
findings found in the Report of Attorney General’s         infection
Working Group on the                                       (AIDS), genital herpes, hepatitis B, Non A, Non B
Regulation of Sexually Oriented Businesses, (June 6,       amebiasis, salmonella infections and shigella
1989, State of Minnesota), the Council finds:              infections;

           (1) Sexually oriented businesses in the city              (7) Since 1981 and to the present, there
lend themselves to ancillary unlawful and unhealthy        has been an increasing cumulative number of
activities that are presently uncontrolled by the          reported cases of AIDS caused by the human
operators of the establishments. Further, there is         immunodeficiency virus (HIV) in the United States:
presently no mechanism to make the owners of these         600 in 1982; 2,200 in 1983; 4,600 in 1984; 8,555 in
establishments responsible for the activities that occur   1985; and 253,448 through December 31, 1992;
on their premises;
                                                                     (8) The number of cases of early (less than
          (2) Certain employees of sexually oriented       one year) syphilis in the United States reported
businesses defined in this chapter as adult theaters       annually has risen, with 33,613 cases reported in
and cabarets engage in higher incidence of certain         1982 and 45,200 through November of 1990;
types of sexually oriented behavior at these
businesses than employees of other establishments;                   (9) The number of cases of gonorrhea in
                                                           the United States reported annually remains at a high
          (3) Sexual acts, including masturbation,         level, with over one-half million cases being reported
oral and anal sex, occur at sexually oriented              in 1990;
businesses, especially those which provide private or
semi-private booths or cubicles for viewing films,                  (10) The surgeon general of the United
                                                           States in his report of October 22, 1986, has advised
                                                                                      Sexually Oriented Business 7


the American public that AIDS and HIV infection             incentive on the operators to see that the sexually
may be transmitted through sexual contact,                  oriented business is run in a manner consistent with
intravenous drug abuse, exposure to infected blood          the health, safety and welfare of its patrons and
and blood components, and from an infected mother           employees, as well as the citizens of the city. It is
to her newborn;                                             appropriate to require reasonable assurances that the
                                                            licensee is the actual operator of the sexually oriented
       (11) According to the best scientific                business, fully in possession and control of the
evidence, AIDS and HIV infection, as well as syphilis       premises and activities occurring therein;
and gonorrhea, are principally transmitted by sexual
acts;                                                               (17) Removal of doors on adult booths and
                                                            requiring sufficient lighting on premises with adult
         (12) Sanitary conditions in some sexually          booths advances a substantial governmental interest
oriented businesses are unhealthy, in part, because the     in curbing the illegal and unsanitary sexual activity
activities conducted there are unhealthy, and in part,      occurring in adult theaters;
because of the unregulated nature of the activities and
the failure of the owners and the operators of the                  (18) Requiring licensees of sexually
facilities to self-regulate those activities and maintain   oriented businesses to keep information regarding
those facilities;                                           current employees and certain past employees will
                                                            help reduce the incidence of certain types of criminal
        (13) Numerous studies and reports have              behavior by facilitating the identification of potential
determined that semen is found in the areas of              witnesses or suspects and by preventing minors from
sexually oriented businesses where persons view             working in such establishments;
“adult” oriented films;
                                                                     (19) The disclosure of certain information
        (14) The findings noted in divisions (1)            by those persons ultimately responsible for the day-
through (15) herein raise substantial governmental          to-day operation and maintenance of the sexually
concerns;                                                   oriented business, where the information is
                                                            substantially related to the significant governmental
        (15) Sexually oriented businesses have              interest in the operation of the uses, will aid in
operational characteristics which should be                 preventing the spread of sexually transmitted
reasonably regulated in order to protect those              diseases;
substantial governmental concerns;
                                                                     (20) It is desirable in the prevention of the
         (16) A reasonable licensing procedure is an        spread of communicable diseases to obtain a limited
appropriate mechanism to place the burden of that           amount of information regarding certain employees
reasonable regulation on the owners and the operators       who may engage in the conduct which this chapter is
of the sexually oriented businesses. Further, such a        designed to prevent or who are likely to be witnesses
licensing procedure will place a heretofore                 to the activity;
nonexistent
8                                       Ortonville - Business Regulations


        (21) The fact that an applicant for an adult-     comprehensive private/public sector approach to
use license has been convicted of a sexually related      economic development leading to strengthening the
crime leads to the rational assumption that the           economic base, encouraging business investment,
applicant is likely to engage in that conduct in          providing needed consumer goods and services and
contravention of this chapter;                            generating the local tax base and employment
                                                          opportunities;
         (22) The barring of the individuals from the
management of adult uses for a period of years serves              (27) As expressed in M.S. § 617.291, as it
as a deterrent to and prevents conduct which leads to     may be amended from time to time, it is the declared
the transmission of sexually transmitted diseases;        policy of this state to prevent commercial exposure of
                                                          minors to sexually provocative written, photographic,
         (23) The general welfare, health and safety      printed, sound or published materials as defined
of the citizens of the city will be promoted by the       therein which are deemed harmful to minors;
enactment of this chapter;
                                                                  (28) The city has had at times a downtown
        (24) The community goals identified in the        teen center which makes the downtown area a
comprehensive plan of the city include encouraging        gathering place for teenage children;
orderly urban development, maintaining older
neighborhoods with affordable homes to provide                   (29) The city and the area have limited law
housing for low and moderate income families,             enforcement officers on duty after the hour of 12:00
encouraging residents to rehabilitate and repair          midnight;
existing housing units, providing zoning densities
which will allow subsidized housing construction,                  (30) Adult entertainment uses have an
conserving the values of buildings, and encouraging       impact on the neighborhoods surrounding them which
the most appropriate use of land throughout the           is distinct from the impact caused by other
community;                                                commercial uses;

         (25) The city has recently completed a main              (31) Residential neighborhoods located
street renovation project. The goals of that project      within close proximity to adult theaters, bookstores
included improving the competitive position               and other adult entertainment uses experience
downtown in relation to other commercial centers,         increased crime rates (sex-related crimes in
enhancing the attractiveness and enjoyment of the         particular), lowered property values, increased
downtown for shoppers, visitors and tourists, and         transiency and decreased stability of ownership;
restoring as much of the downtown’s historic or
traditional character as possible;                                 (32) The adverse impacts which an adult
                                                          entertainment use has on surrounding areas diminish
          (26) The city has frequently established a      as the distance from the adult entertainment use
goal of maintaining and enhancing the business            increases;
district as a primary retail and service center through
a
                                                                                    Sexually Oriented Business 9


         (33) Studies of other cities have shown that              (40) The Indianapolis, Indiana study
among the crimes which tend to increase either within     established that professional real estate appraisers
or in the near vicinity of adult entertainment uses are   believe that an adult bookstore would have a negative
rapes, prostitution, child molestation, indecent          effect on the value of both residential and commercial
exposure and other lewd and lascivious behavior;          properties within a one to three block area of the
                                                          store;
         (34) The City of Phoenix study confirmed
that the sex crime rate was on an average six times               (41) The Oklahoma City study concluded
higher in areas with at least one adult entertainment     that sexually oriented businesses have a negative
use as it was within comparable areas of their city       effect on property values, particularly residential
without adult uses;                                       properties. The concentration of sexually oriented
                                                          businesses may mean large losses in property values;
         (35) The Tucson, Arizona, study found that
police officers found a wide variety of illegal conduct            (42) The Seattle, Washington study found
at all adult entertainment businesses;                    that patrons of topless dance halls most often are not
                                                          residents of nearby neighborhoods. Without
         (36) The Garden Grove, California, study         community identity, behavior is less inhibited.
found that crime increased significantly with the         Increased police calls to a business, sirens and traffic
opening of an adult business, the expansion of an         hazards from police and emergency vehicles are not
existing business or the addition of a bar nearby.        conducive to healthy business and residential
Homicide, rape, robbery, burglary, assault, theft and     environments;
auto theft increased 300% in one year within 1000
feet following the opening of a bar less than 500 feet            (43) Many members of the public perceive
from an adult business;                                   areas within which adult entertainment uses are
                                                          located as less safe than other areas which do not
         (37) Studies of other cities have shown that     have such uses;
the values of both commercial and residential
properties either are diminished or fail to appreciate           (44) Sexually oriented businesses can exert
at the rate of other comparable properties when           a dehumanizing influence on persons attending
located in proximity to adult entertainment uses;         churches, children attending licensed day-care centers
                                                          and schools, and people using parks and libraries;
        (38) The adverse impact of adult uses on
commercial area is increased by the presence of more              (45) The concern over sexually transmitted
than one adult entertainment use in close proximity to    diseases is a legitimate health concern of the city
another use;                                              which demands reasonable regulation of sexually
                                                          oriented businesses to protect the health and well-
         (39) The number and rate of real estate          being of the citizens; and
listings increase in areas in which adult entertainment
uses are located;
10                                      Ortonville - Business Regulations


         (46) Intoxication, particularly when                       (6) The concerns which have prompted a
combined with adult entertainment, leads to the           public hearing in this city are similar to the concerns
increased likelihood of fights, disorderly conduct and    which motivated the communities of Indianapolis,
other illegal activities.                                 Indiana; Tucson, Arizona; Garden Grove, California;
                                                          Oklahoma City; Phoenix, Arizona; and Seattle,
    (C) Conclusions. Based on the findings of the         Washington. Consequently, the results of those
Council, the Council concludes:                           studies are relevant to the existing or foreseeable
                                                          impacts which the uses can have on the areas
          (1) The impacts which adult entertainment       surrounding them in this city;
uses have on surrounding areas should be addressed
through a distinct set of land-use regulations directed              (7) The concentration of adult
specifically at such adult entertainment uses and         entertainment uses in commercial areas or the
through licensing;                                        location of adult entertainment uses in close
                                                          proximity to residential uses, churches, parks,
           (2) Adult entertainment land-uses should       licensed day-care centers, libraries and schools will
not be located in close proximity to buildings or         result in devaluation of property values and decreases
facilities where children are the dominant clientele or   in commercial business sales, thereby reducing tax
patrons of the service, products or facility usage        revenues to the city and adversely impacting the
offered by the building or facility;                      economic well-being of the citizens of the city;

           (3) The existing land-use regulations of                  (8) Location of adult entertainment uses in
the city inadequately address the unique impacts          proximity to residential uses, churches, parks,
which adult entertainment uses have on surrounding        licensed day-care centers, teen centers, libraries and
neighborhoods and fail to adequately foster the           school would lead to increased levels of criminal
community goals declared in the comprehensive plan,       activities, including prostitution, rape, assaults and
the central business district plan, and in state law;     other sex-related crimes in the vicinity of adult
                                                          entertainment uses;
          (4) Adult entertainment uses should be
located in areas of the city which are not in close                 (9) Regulation of the uses is essential to
proximity to churches, parks, schools, teen centers,      ensure that community values are protected;
licensed day-care centers and public libraries;
                                                                    (10) The City Council desires to prevent the
           (5) Regardless of whether or to what           adverse effects of adult entertainment and thereby
extent adult entertainment uses have currently had an     protect the health, safety and welfare of the citizens,
adverse impact on the areas surrounding them in this      protect the citizens from increased crime, preserve the
city, the experience of other cities, as documented in    quality of life, preserve the property values and
the numerous studies considered, confirms that            character of surrounding neighborhoods, and deter
regulation of adult entertainment uses is essential to    the spread of urban blight;
prevent future deterioration of surrounding
neighborhoods and adverse social impacts associated
with such uses;
                                                                                      Sexually Oriented Business 11


         (11) Licensing is a legitimate and                                 (a) Books, magazines, periodicals or
reasonable means of accountability to ensure that           other printed matter, photographs, films, motion
operators of sexually oriented businesses comply with       pictures, video cassettes or video reproductions,
reasonable regulations and to ensure that operators do      slides, or other visual representations which are
not knowingly allow their establishments to be used         characterized by the depiction or description of
as places of illegal sexual activity or solicitation; and   specified activities or specified anatomical areas; or

         (12) It is not the intent of the city in                          (b) Instruments, devices or para-
enacting any ordinance addressing these findings and        phernalia which are designed for use in connection
conclusions to suppress any speech activities               with specified sexual activities.
protected by the First Amendment, but to enact a
content neutral ordinance which addresses the                         (2) A commercial establishment may have
secondary effects of adult entertainment as well as the     other principal business purposes that do not involve
health problems associated with the businesses.             the offering for sale or rental of material depicting or
(Ord. 95-588, passed 3-20-1995)                             describing specified sexual activities or specified
                                                            anatomical areas and still be categorized as ADULT
                                                            BOOKSTORE, ADULT NOVELTY STORE or
§ 111.02 DEFINITIONS.                                       ADULT VIDEO STORE. Other business purposes
                                                            will not serve to exempt commercial establishments
     For the purpose of this chapter, the following         from being categorized as an ADULT BOOKSTORE,
definitions shall apply unless the context clearly          ADULT NOVELTY STORE or ADULT VIDEO
indicates or requires a different meaning.                  STORE so long as one of its principal business
                                                            purposes is the offering for sale or rental for
      ADULT ARCADE. Any place to which the                  consideration the specified materials which are
public is permitted or invited wherein coin-operated,       characterized by the depiction or description of
slug-operated, or for any form of consideration, or         specified sexual activities or specified anatomical
electronically, electrically or mechanically controlled     areas.
still or motion picture machine, projectors, video or
laser disc players, or other image-producing devices             ADULT CABARET. A nightclub, bar,
are maintained to show images to five or fewer              restaurant or similar commercial establishment which
persons per machine at any one time, and where the          regularly features:
images so displayed are distinguished or
characterized by the depicting or describing of                      (1) Persons who appear in a state of nudity
specified sexual activities or specified anatomical         or semi-nude;
areas.
                                                                      (2) Live performances which are
   ADULT BOOKSTORE, ADULT NOVELTY                           characterized by the exposure of specified anatomical
STORE or ADULT VIDEO STORE.                                 areas or by specified sexual activities; or

           (1) A commercial establishment which, as
one of its principal purposes, offers for sale or rental
for any form of consideration any one or more of the
following:
12                                      Ortonville - Business Regulations


           (3) Films, motion pictures, video cassettes,    nudity or semi-nude, or live performances which are
slides or other photographic reproductions which are       characterized by the exposure of specified anatomical
characterized by the depiction or description of           areas or by specified sexual activities.
specified sexual activities or specified anatomical
areas.                                                          EMPLOYEE. A person who performs any
                                                           service on the premises of a sexually oriented
   ADULT MOTEL. A motel, hotel or similar                  business on a full-time, part-time or contract basis,
commercial establishment which:                            whether or not the person is denominated an
                                                           employee, independent contractor, agent or otherwise
           (1) Offers accommodations to the public         and whether or not the person is paid a salary, wage
for any form of consideration; provides patrons with       or other compensation by the operator of the
closed-circuit television transmissions, films, motion     business. EMPLOYEE does not include a person
pictures, video cassettes, slides, or other photographic   exclusively on the premises for repair or maintenance
reproductions which are characterized by the               of the premises or equipment on the premises, or for
depiction or description of specified sexual activities    the delivery of goods to the premises.
or specified anatomical areas; and has a sign visible
from the public right-of-way which advertises the                ESCORT. A person who, for consideration,
availability of this adult type of photographic            agrees or offers to act as a companion, guide or date
reproductions;                                             for another person, or who agrees or offers to
                                                           privately model lingerie or to privately perform a
          (2) Offers a sleeping room for rent for a        striptease for another person.
period of time that is less than ten hours; or
                                                                ESCORT AGENCY. A person or business
           (3) Allows a tenant or occupant of a            association who furnishes, offers to furnish, or
sleeping room to subrent the room for a period of          advertises to furnish escorts as one of its primary
time that is less than ten hours.                          business purposes for a fee, tip or other consideration.

     ADULT MOTION PICTURE THEATER. A                            ESTABLISHMENT. Any of the following:
commercial establishment where, for any form of
consideration, films, motion pictures, video cassettes,              (1) The opening or commencement of any
slides or similar photographic reproductions are           sexually oriented business as a new business;
regularly shown which are characterized by the
depiction or description of specified sexual activities              (2) The conversion of an existing
or specified anatomical areas.                             business, whether or not a sexually oriented business,
                                                           to any sexually oriented business;
      ADULT THEATER. A theater, concert hall,
auditorium or similar commercial establishment                       (3) The additions of any sexually oriented
which regularly features persons who appear in a           business to any other existing sexually oriented
state of                                                   business; or
                                                                                     Sexually Oriented Business 13


            (4) The relocation of any sexually oriented          NUDITY or STATE OF NUDITY. The
business.                                                  showing of the human male or female genitals, pubic
                                                           area, vulva, anus, anal cleft or cleavage with less than
     LICENSEE. A person in whose name a license            a fully opaque covering, the showing of the female
to operate a sexually oriented business has been           breast with less than a fully opaque covering of any
issued, as well as the individual listed as an applicant   part of the nipple, or the showing of the covered male
on the application for a license; and in the case of an    genitals in a discernible turgid state.
employee, a person in whose name a license has been
issued authorizing employment in a sexually oriented            PERSON. An individual, proprietorship,
business.                                                  partnership, corporation, association or other legal
                                                           entity.
     NUDE MODEL STUDIO. Any place where a
person who appears semi-nude, in a state of nudity, or           SEMI-NUDE or SEMI-NUDE CONDITION.
who displays specified anatomical areas and is             The showing of the female breast below a horizontal
provided to be observed, sketched, drawn, painted,         line across the top of the areola at its highest point or
sculptured, photographed or similarly depicted by          showing of the male or female rear of the body which
other persons who pay money or any form of                 lies between two imaginary lines running parallel to
consideration. NUDE MODEL STUDIO shall not                 the ground when a person is standing, the first or top
include a proprietary school licensed by the State of      of such line drawn at the top of the cleavage of the
Minnesota or a college, junior college or university       nates and second or bottom line drawn at the lowest
supported entirely or in part by public taxation; a        visible point of the cleavage or the lowest point of the
private college or university which maintains and          curvature of the fleshy protuberance, whichever is
operates educational programs in which credits are         lower, and between two imaginary lines on each side
transferable to a college, junior college or university    of the body, which lines are perpendicular to the
supported entirely or partly by taxation; or in a          ground and to the horizontal lines described above,
structure:                                                 and which perpendicular lines are drawn through the
                                                           point at which each nate meets the outer side of each
          (1) That has no sign visible from the            leg. This definition shall include the entire lower
exterior of the structure and no other advertising that    portion of the human female breast, but shall not
indicates a nude or semi-nude person is available for      include any portion of the cleavage of the human
viewing;                                                   female breast, exhibited by a dress, blouse, skirt,
                                                           leotard, bathing suit or other wearing apparel
           (2) Where in order to participate in a class    provided the areola is not exposed in whole or in part.
a student must enroll at least three days in advance of
the class; and                                                  SEXUAL ENCOUNTER CENTER. A business
                                                           or commercial enterprise that, as one of its principal
        (3) Where no more than one nude or semi-           business purposes, offers for any form of
nude model is on the premises at any one time.             consideration:
14                                      Ortonville - Business Regulations


          (1) Physical contact in the form of                       (2) For which:
wrestling or tumbling between persons of the
opposite sex; or                                                         (a) Less than two years have elapsed
                                                          since the date of conviction or the date of release
          (2) Activities between male and female          from confinement imposed for the conviction,
persons and/or persons of the same sex when one or        whichever is the later date, if the conviction is of a
more of the persons is in a state of nudity or semi-      misdemeanor offense;
nude.
                                                                           (b) Less than five years have elapsed
     SEXUALLY ORIENTED BUSINESS. An                       since the date of conviction or the date of release
adult arcade, adult bookstore, adult novelty store,       from confinement for the conviction, whichever is the
adult video store, adult cabaret, adult motel, adult      later date, if the conviction is of a felony offense; or
motion picture theater, escort agency, nude model
studio or sexual encounter center.                                       (c) Less than five years have elapsed
                                                          since the date of the last conviction or the date of
     SPECIFIED ANATOMICAL AREAS.                          release from confinement for the last conviction,
                                                          whichever is the later date, if the convictions are of
          (1) The human male genitals in a                two or more misdemeanor offenses or combination of
discernibly turgid state, even if completely and          misdemeanor offenses occurring within any 24-
opaquely covered; or                                      month period.

          (2) Less than completely and opaquely                      (3) The fact that a conviction is being
covered human genitals, pubic region, buttocks or a       appealed shall have no effect on the disqualification
female breast below a point immediately above the         of the applicant or a person residing with the
top of the areola.                                        applicant.

     SPECIFIED CRIMINAL ACTIVITY. Any of                       SPECIFIED SEXUAL ACTIVITIES. Any of
the following offenses:                                   the following:

           (1) Prostitution or promotion or                        (1) The fondling or other erotic touching
prostitution; dissemination of obscenity; sale,           of the human genitals, pubic region, buttocks, anus or
distribution or display of harmful material to a minor;   female breasts;
sexual performance by a child; possession or
distribution of child pornography; public lewdness;                (2) Sex acts, normal or perverted, actual or
indecent exposure; indecency with a child; engaging       simulated, including intercourse, oral copulation,
in organized criminal activity; sexual assault;           masturbation or sodomy; or
molestation of a child; gambling; or distribution of a
controlled substance; or any similar offenses to those              (3) Excretory functions as part of or in
described above under the criminal or penal code of       connection with any of the activities set forth in
other state or countries;                                 divisions (1) and (2) above.
                                                                                   Sexually Oriented Business 15


      SUBSTANTIAL ENLARGEMENT. Increase                      (F) Adult theaters;
in floor areas occupied by the business by more than
25%, as the floor areas at the time of the original          (G) Escort agencies;
licensing of the business.
                                                             (H) Nude model studios; and
   TRANSFER OF OWNERSHIP OR
CONTROL. Includes any of the following:                      (I) Sexual encounter centers.
                                                         (Ord. 95-588, passed 3-20-1995)
            (1) The sale, lease or sublease of the
business;
                                                         § 111.04 LICENSE REQUIRED; ISSUANCE OF
          (2) The transfer of securities which           FEES.
constitute a controlling interest in the business,
whether by sale, exchange or similar means; or               (A) (1) It is unlawful:

          (3) The establishment of a trust, gift or                      (a) For any person to operate a
other similar legal device which transfers the           sexually oriented business without a valid sexually
ownership or control of the business, except for         oriented business license issued by the city pursuant
transfer by bequest or other operation of law upon the   to this chapter;
death of the person possessing the ownership or
control.                                                                (b) For any person who operates a
(Ord. 95-588, passed 3-20-1995)                          sexually oriented business to employ a person to
                                                         work who is not licensed as a sexually oriented
                                                         business employee by the city pursuant to this
§ 111.03 CLASSIFICATIONS.                                chapter; and/or

     Sexually oriented businesses are classified as                    (c) For any person to obtain
follows:                                                 employment with a sexually oriented business
                                                         without having secured a sexually oriented business
     (A) Adult arcades;                                  employee license pursuant to this chapter.

     (B) Adult bookstores, adult novelty stores or                (2) An application for a license must be
adult video stores;                                      made on a form provided by the city.

     (C) Adult cabarets;                                           (3) All applicants must be qualified
                                                         according to the provisions of this chapter. The
     (D) Adult motels;                                   application may request and the applicant shall
                                                         provide the information (including fingerprints) as to
     (E) Adult motion picture theaters;                  enable the city to determine whether the applicant
                                                         meets the qualifications established in this chapter.
16                                        Ortonville - Business Regulations


           (4) If a person who wishes to operate a                               1. The sexually oriented
sexually oriented business is an individual, the person     business’s fictitious name; and
must sign the application for a license as applicant. If
a person who wishes to operate a sexually oriented                             2. Submit the required
business is other than an individual, each individual       registration documents;
who has a 20% or greater interest in the business
must sign the application for a license as applicant.                       (c) Whether the applicant, or a person
Each applicant must be qualified under the following        residing with the applicant, has been convicted of a
section and each applicant shall be considered a            specified criminal activity, as defined in this chapter,
licensee if a license is granted.                           and if so, the specified criminal activity involved, the
                                                            date, place and jurisdiction of each;
          (5) The completed application for a
sexually oriented business license shall contain the                        (d) Whether the applicant, or a person
following information and shall be accompanied by           residing with the applicant, has had a previous license
the following documents:                                    under this chapter or other similar sexually oriented
                                                            business ordinances from another city or county
               (a) If the applicant is:                     denied, suspended or revoked, including the name
                                                            and location of the sexually oriented business for
                      1. An individual, the individual      which the permit was denied, suspended or revoked,
shall state his or her legal name and any aliases and       as well as the date of the denial, suspension or
submit proof that he or she is 18 years of age;             revocation, and whether the applicant or a person
                                                            residing with the applicant has been a partner in a
                     2. A partnership, the                  partnership or an officer, director or principal
partnership shall state its complete name, and the          stockholder of a corporation that is licensed under
names of all partners, whether the partnership is           this chapter whose license has previously been
general or limited, and a copy of the partnership           denied, suspended or revoked, including the name
agreement, if any;                                          and location of the sexually oriented business for
                                                            which the permit was denied, suspended or revoked
                     3. A corporation, the                  as well as the date of denial, suspension or
corporation shall state its complete name, the date of      revocation;
its incorporation, evidence that the corporation is in
good standing under the laws of its state of                               (e) Whether the applicant or a person
incorporation, the names and capacity of all officers,      residing with the applicant holds any other licenses
directors and principal stockholders, and the name of       under this chapter or other similar sexually oriented
the registered corporate agent and the address of the       business ordinance from another city or county and, if
registered office for service of process;                   so, the names and locations of other licensed
                                                            businesses;
                (b) If the applicant intends to operate
the sexually oriented business under a name other                          (f) The single classification of
than that of the applicant, he or she must state:           license for which the applicant is filing;
                                                                                      Sexually Oriented Business 17


               (g) The location of the proposed             films, video cassettes, other video reproductions or
sexually oriented business, including a legal               live entertainment which depict specified sexual
description of the property, street address and             activities of specified anatomical area, then the
telephone number(s), if any;                                application shall comply with the application
                                                            requirements set forth in § 111.10.
               (h) The applicant’s mailing address
and residential address;                                               (6) Before any applicant may be issued a
                                                            sexually oriented business employee license, the
                (i)   A recent photograph of the            applicant shall submit on a form to be provided by the
applicant(s);                                               city the following information:

                (j) The applicant’s driver’s permit                       (a) The applicant’s name or any other
number, Social Security number, and/or his or her           name (including “stage” names) or aliases used by the
state or federally issued tax identification number;        individual;

                (k) A sketch or diagram showing the                        (b) Age, date and place of birth;
configuration of the premises, including a statement
of total floor space occupied by the business. The                         (c) Height, weight, hair and eye
sketch or diagram need not be professionally                color;
prepared, but it must be drawn to a designated scale
or drawn with marked dimensions of the interior of                      (d) Present business address and
the premises to an accuracy of plus or minus six            phone number;
inches;
                                                                           (e) Present home address and phone
                (l) A current certificate and straight-     number;
line drawing prepared within 30 days prior to
application by a registered land surveyor depicting                        (f) Date, issuing state and number of
the property lines and the structures containing any        driver’s permit or other identification card
existing sexually oriented businesses within feet of        information;
the property to be certified; the property lines of any
established religious institution/synagogue, school,                       (g) Social Security number; and
public park, library, teen center or recreation area
within 400 feet of the property to be certified. For                       (h) Proof that the individual is at least
purposes of this section, a use shall be considered         18 years of age.
existing or established if it is in existence at the time
as application is submitted; and                                      (7) Attached to the application form for a
                                                            sexually oriented business employee license as
               (m) If an applicant wishes to operate a      provided above, shall be the following:
sexually oriented business, other than an adult motel,
which shall exhibit on the premises, in a viewing                          (a) A color photograph of the
room or booth of less than 150 square feet of floor         applicant clearly showing the applicant’s face, and
space,                                                      the
18                                      Ortonville - Business Regulations


applicant’s fingerprints on a form provided by the                        (a) The applicant has failed to
Police Department. Any fees for the photographs and        provide information reasonably necessary for
fingerprints shall be paid by the applicant;               issuance of the license or has falsely answered a
                                                           question or request for information on the application
                 (b) A statement detailing the license     form;
history of the applicant for the five years immediately
preceding the date of the filing of the application,                      (b) The applicant is under the age of
including whether such applicant previously operated       18 years;
or is seeking to operate, in this or any other county,
city, state or country has ever had a license, permit or                  (c) The applicant has been convicted
authorization to do business denied, revoked or            of a “specified criminal activity,” as defined herein;
suspended, or had any professional or vocational
license or permit denied, revoked or suspended. In                         (d) The sexually oriented business
the event of any denial, revocation or suspension,         employee license is to be used for employment in a
state the name, the name of the issuing or denying         business prohibited by local or state law, statute, rule
jurisdiction, and description in full of the reason for    or regulation, or prohibited by a particular provision
the denial, revocation or suspension. A copy of any        of this chapter; or
order of denial, revocation or suspension shall be
attached to the application; and                                           (e) The applicant has had a sexually
                                                           oriented business employee license revoked by the
                (c) A statement whether the applicant      city within two years of the date of the current
has been convicted of a specified criminal activity as     application. If the sexually oriented business
defined in this chapter and, if so, the specified          employee license is denied, the temporary license
criminal activity involved, the date, place and            previously issued is immediately deemed null and
jurisdiction of each.                                      void. Denial, suspension or revocation of a license
                                                           issued pursuant to this section shall be subject to
     (B) Issuance of license.                              appeal as set forth in § 111.06(C).

           (1) Upon the filing of the application for a               (2) A license granted pursuant to this
sexually oriented business employee license, the city      section shall be subject to annual renewal upon the
shall issue a temporary license to the applicant. The      written application of the applicant and a finding by
application shall then be referred to the appropriate      the city that the applicant has not been convicted of
city departments for an investigation to be made on        any specified criminal activity as defined in this
the information as is contained on the application.        chapter or committed any act during the existence of
The application process shall be completed within 30       the previous license, which would be grounds to deny
days from the date the completed application is filed.     the initial license application. The renewal of the
After the investigation, the city shall issue a license,   license shall be subject to the payment of the fee as
unless it is determined by a preponderance of the          set forth in division (C) below.
evidence that one or more of the following findings is
true:                                                              (3) Within 30 days after receipt of a
                                                           completed sexually oriented business application, the
                                                                                    Sexually Oriented Business 19


city shall approve or deny the issuance of the license                  (h) An applicant of the proposed
to an applicant. The city shall approve the issuance      establishment is in violation of or is not in
of a license to an applicant unless it is determined by   compliance with any of the provisions of this chapter.
a preponderance of the evidence that one or more of
the following findings is true:                                      (4) The license, if granted, shall state on
                                                          its face the name of the person or persons to whom it
               (a) An applicant is under 18 years of      is granted, the expiration date, the address of the
age;                                                      sexually oriented business and the classification for
                                                          which the license is issued pursuant to § 111.03. All
                (b) An applicant or a person with         licenses shall be posted in a conspicuous place at or
whom applicant is residing is overdue in payment to       near the entrance to the sexually oriented business so
the city of taxes, fees, fines or penalties assessed      that they may be easily read at any time. The Health
against or imposed upon him or her in relation to any     Department, Fire Department and the Building
business;                                                 Official shall complete their certification that the
                                                          premise is in compliance or not in compliance within
                (c) An applicant has failed to provide    20 days of receipt of the application by the city.
information reasonably necessary for issuance of the
license or has falsely answered a question or request                (5) A sexually oriented business license
for information on the application form;                  shall issue for only the classification as found in §
                                                          111.03.
               (d) An applicant or a person with
whom the applicant is residing has been denied a               (C) Fees.
license by the city to operate a sexually oriented
business within the preceding 12 months or whose                    (1) Every application for a sexually
license to operate a sexually oriented business has       oriented business license, whether for new license or
been revoked within the preceding 12 months;              for renewal, shall be accompanied by a non-
                                                          refundable application and investigation fee.
               (e) An applicant or a person with
whom the applicant is residing has been convicted of                (2) In addition to the application and
a specified criminal activity defined in this chapter;    investigation fee required above, every sexually
                                                          oriented business that is granted a license (new or
               (f) The premises to be used for the        renewal) shall pay to the city an annual non-
sexually oriented business have not been approved by      refundable license fee within 30 days of license
the Health Department, Fire Department and the            issuance or renewal.
Building Official as being in compliance with
applicable laws and ordinances;                                     (3) Every application for a sexually
                                                          oriented business employee license (whether for a
              (g) The license fee required by this        new license or for renewal of an existing license)
chapter has not been paid; and/or                         shall be accompanied by an annual non-refundable
                                                          application, investigation and license fee.
20                                     Ortonville - Business Regulations


          (4) The application and investigation fee       § 111.06 EXPIRATION, SUSPENSION OR
and the annual sexually oriented business license fee     REVOCATION.
and the annual application, investigation and sexually
oriented business employer license fee shall be as set         (A) (1) Each license shall expire one year from
by resolution of the City Council which fees shall not    the date of issuance and may be renewed only by
be set arbitrarily, but shall be determined in relation   making application as provided in § 111.05(A).
to the Council’s best estimate of actual costs of         Application for renewal shall be made at least 30
administration, planning, legal, inspection and police    days before the expiration date, and when made less
investigation related to the application and the          than 30 days before the expiration date, the expiration
ongoing operation of this business.                       of the license will not be affected.

         (5) All license applications and fees shall                 (2) When the city denies renewal of a
be submitted to the City Clerk/Administrator.             license, the applicant shall not be issued a license for
(Ord. 95-588, passed 3-20-1995) Penalty, see § 10.99      one year from the date of denial. If, subsequent to
                                                          denial, the city finds that the basis for denial of the
                                                          renewal license has been corrected or abated, the
§ 111.05 INSPECTION OF PREMISES.                          applicant may be granted a license if at least 90 days
                                                          have elapsed since the date denial became final.
     (A) An applicant or licensee shall permit
representatives of the Police Department, Health               (B) The city shall suspend a license for a period
Department, Fire Department, Zoning Department or         not to exceed 30 days if it determines that a licensee
other city departments or agencies to inspect the         or an employee of a licensee has:
premises of a sexually oriented business for the
purpose of insuring compliance with the law, at any                 (1) Violated or is not in compliance with
time it is occupied or open for business.                 any section of this chapter;

     (B) A person who operates a sexually oriented                  (2) Refused to allow an inspection of the
business or his or her agent or employee commits a        sexually oriented business premises as authorized by
misdemeanor if he or she refuses to permit lawful         this chapter; or
inspection of the premises at any time it is occupied
or open for business.                                              (3) Knowingly permitted gambling by any
(Ord. 95-588, passed 3-20-1995) Penalty, see § 10.99      person on the sexually oriented business premises.

                                                               (C) (1) The city shall revoke a license if a
                                                          cause of suspension in division (B) above occurs and
                                                          the license has been suspended within the preceding
                                                          12 months.
                                                                                     Sexually Oriented Business 21


         (2) The city shall revoke a license if it                    (4) After denial of an application, or
determines that:                                           denial of a renewal of an application, or suspension or
                                                           revocation of any license, the applicant or licensee
              (a) A licensee gave false or                 may seek prompt judicial review of administrative
misleading information in the material submitted           action in any court of competent jurisdiction. The
during the application process;                            administrative action shall be promptly reviewed by
                                                           the court.
              (b) A licensee has knowingly allowed         (Ord. 95-588, passed 3-20-1995)
possession, use or sale of controlled substances on the
premises;
                                                           § 111.07 TRANSFER OF LICENSE.
               (c) A licensee has knowingly allowed
prostitution on the premises;                                   A licensee shall not transfer his or her license to
                                                           another, nor shall a licensee operate a sexually
               (d) A licensee knowingly operated           oriented business under the authority of a license at
the sexually oriented business during a period of time     any place other than the address designated in the
when the licensee’s license was suspended;                 application.
                                                           (Ord. 95-588, passed 3-20-1995) Penalty, see § 10.99
               (e) Except in the case of an adult
motel, a licensee has knowingly allowed any act of
sexual intercourse, sodomy, oral copulation,               § 111.08 LOCATION REQUIREMENTS.
masturbation or other sex act to occur in or on the
licensed premises; or                                           (A) A person commits a misdemeanor if that
                                                           person operates or causes to be operated a sexually
               (f) A licensee is delinquent in             oriented business in any zoning district other than as
payment to the city, county or state for any taxes or      defined and described in the zoning code.
fees past due.
                                                                (B) A person commits an offense if the person
           (3) (a) When the city revokes a license,        operates or causes to be operated a sexually oriented
the revocation shall continue for one year, and the        business within 400 feet of:
licensee shall not be issued a sexually oriented license
for one year from the date the revocation became                     (1) A church, synagogue, mosque, temple
effective.                                                 or building which is used primarily for religious
                                                           worship and related religious activities;
                 (b) If, subsequent to revocation, the
city finds that the basis for the revocation has been                  (2) A public or private educational facility
corrected or abated, the applicant may be granted a        including, but not limited to libraries, child day-care
license if at least 90 days have elapsed since the date    facilities, nursery schools, preschools, kindergartens,
the revocation became effective.
22                                      Ortonville - Business Regulations


elementary schools, private schools, intermediate               (D) A person commits a misdemeanor if that
schools, junior high schools, middle schools, high         person causes or permits the operation, establishment
schools, vocational schools, secondary schools,            or maintenance of more than one sexually oriented
continuation schools, special education schools,           business in the same building, structure or portion
junior colleges and universities; school includes the      thereof, or the increase of floor area of any sexually
school grounds, but does not include the facilities        oriented business in any building, structure or portion
used primarily for another purpose and only                thereof containing another sexually oriented business.
incidentally as a school;
                                                                (E) For the purpose of division (B) above,
           (3) A boundary of a residential district as     measurement shall be made in a straight line, without
defined in the zoning code, a public park or               regard to the intervening structures or objects, from
recreational area which has been designated for park       the nearest portion of the building or structure used as
or recreational activities including, but not limited to   the part of the premises where a sexually oriented
a park, playground, nature trails, swimming pool,          business is conducted, to the nearest property line of
reservoir, athletic field, basketball or tennis courts,    the premises of a use listed in division (B) above.
pedestrian/bicycle paths, wilderness areas or other        Presence of a city, county or other political
similar public land within the city which is under the     subdivision boundary shall be irrelevant for purposes
control, operation or management of the city park and      of calculating and applying the distance requirements
recreation authorities;                                    of this section.

          (4) The property line of a lot devoted to a           (F) For purposes of division (C) above, the
residential use as defined in the zoning chapter;          distance between any two sexually oriented
                                                           businesses shall be measured in a straight line,
          (5) An entertainment business which is           without regard to the intervening structures or objects
oriented primarily toward children or family               or political boundaries, from the closest exterior wall
entertainment; or                                          of the structure in which each business is located.

           (6) A licensed premise, licensed pursuant            (G) Any sexually oriented business lawfully
to the alcoholic beverage control regulations of the       operating, that is in violation of divisions (A) through
state.                                                     (F) above shall be deemed a nonconforming use. The
                                                           nonconforming use will be permitted to continue for a
     (C) A person commits a misdemeanor if that            period not to exceed one year, unless sooner
person causes or permits the operation, establishment,     terminated for any reason or voluntarily discontinued
substantial enlargement or transfer of ownership or        for a period of 30 days or more. Nonconforming uses
control of a sexually oriented business within 400 feet    shall not be increased, enlarged, extended or altered
of another sexually oriented business.                     except that the use may be changed to a conforming
                                                           use. If two or more sexually oriented businesses are
                                                                                  Sexually Oriented Business 23


within 400 feet of one another and otherwise in a        § 111.10 LIVE ENTERTAINMENT;
permissible location, the sexually oriented business     THEATERS.
which was first established and continually operating
at a particular location is the conforming use and the        (A) A person who operates or causes to be
later established business(es) is/are nonconforming.     operated a sexually oriented business, other than an
                                                         adult motel, which exhibits on the premises in a
     (H) A sexually oriented business lawfully           viewing room of less than 150 square feet of floor
operating as a conforming use is not rendered a          space, a film, video cassette, live entertainment or
nonconforming use by the location, subsequent to the     other video reproduction which depicts specified
grant or renewal of the sexually oriented business       sexual activities or specified anatomical areas, shall
license, of a use listed in division (B) above within    comply with the following requirements:
400 feet of the sexually oriented business. This
provision applies only to the renewal of a valid                   (1) Upon application for a sexually
license, and does not apply when an application for a    oriented license, the application shall be accompanied
license is submitted after a license has expired or      by a diagram of the premises showing a plan thereof
been revoked.                                            specifying the location of one or more manager’s
(Ord. 95-588, passed 3-20-1995)                          stations and the location of all overhead lighting
                                                         fixtures and designating any portion of the premise in
                                                         which patrons will not be permitted. A manager’s
§ 111.09 ADULT MOTELS.                                   station may not exceed 32 square feet of floor area.
                                                         The diagram shall also designate the place at which
     (A) Evidence that a sleeping room in a hotel,       the permit will be conspicuously posted, if granted.
motel or a similar commercial establishments has         A professionally prepared diagram in the nature of an
been rented and vacated two or more times in a           engineer’s or architect’s blueprint shall not be
period of time that is less than ten hours creates a     required; however, each diagram should be oriented
rebuttable presumption that the establishment is an      to the north or to some designated street or object and
adult motel as that term is defined in this chapter.     should be drawn to a designated scale or with marked
                                                         dimensions sufficient to show the various internal
     (B) A person commits a misdemeanor if, as the       dimensions of all areas of interior of the premises to
person in control of a sleeping room in a hotel, motel   an accuracy of plus or minus six inches. The city
or similar commercial establishment that does not        may waive the foregoing diagram for renewal
have a sexually oriented license, he or she rents or     applications if the applicant adopts a diagram that
subrents a sleeping room to a person and, within ten     was previously submitted and certifies that the
hours from the time is rented, he or she rents or        configuration of the premises has not been altered
subrents the same sleeping room again.                   since it was prepared;

    (C) For purposes of division (B) above, the                    (2) The application shall be sworn to be
terms “rent” or “subrent” mean the act of permitting a   true and correct by the applicant;
room to be occupied for any form of consideration.
(Ord. 95-588, passed 3-20-1995)
24                                      Ortonville - Business Regulations


           (3) No alteration in the configuration or                 (9) All entrances to the premises, with the
location of a manager’s station may be made without        exception of emergency fire exits not usable to enter
the prior approval of the city;                            the business, shall be visible from a public right-of-
                                                           way. In, addition, all windows and doors shall be so
          (4) It is the duty of the license of the         blocked or covered to prohibit viewing of the interior
premises to ensure that at least one licensed employee     of the premises from outside of the premises;
is on duty and situated in each manager’s station at all
times that any patron is present inside the premises;              (10) The premises shall be equipped with
                                                           overhead lighting fixtures of sufficient intensity to
          (5) The interior of the premises shall be        illuminate every place to which patrons are permitted
configured in a manner that there is an unobstructed       access at an illumination of not less than one foot
view from a manager’s station of every area of the         candle as measured at the floor level;
premises to which any patron is permitted access for
any purpose excluding restrooms. Restrooms may                     (11) It shall be the duty of the licensees to
not contain video reproduction equipment. If the           ensure that the illumination described above is
premise has two or more manager’s stations                 maintained at all times that any patron is present in
designated, then the interior of the premises shall be     the premises;
configured in a manner that there is an unobstructed
view of each area of the premises to which any patron             (12) No licensee shall allow openings of
is permitted access for any purpose from at least one      any kind to exist between viewing rooms or booths;
of the manager’s stations. The view required in this
section must be by direct line of sight from the                  (13) No person shall make or attempt to
manager’s station;                                         make an opening of any kind between viewing booths
                                                           or rooms;
           (6) It shall be the duty of the licensees to
ensure that the view area specified in subsection (5)             (14) The licensee shall, during each
above remains unobstructed by any doors, curtains,         business day, regularly inspect the walls between the
partitions, walls, merchandise, display racks or other     viewing booths to determine if any openings or holes
materials and, at all times, to ensure that no patron is   exist;
permitted access to any area of the premise which has
been designated as an area in which patrons will not              (15) The licensee shall cause all floor
be permitted in the application filed pursuant to          coverings in viewing booths to be nonporous, easily
subsection (1) above;                                      cleanable surfaces, with no rugs or carpeting; and

         (7) No viewing room may be occupied by                    (16) The licensee shall cause all wall
more than one person at any time;                          surfaces and ceiling surfaces in viewing booths to be
                                                           constructed of, or permanently covered by,
         (8) The viewing areas or booths shall be          nonporous, easily cleanable material. No wood,
maintained at all times in a clean and sanitary            plywood, composition board or other porous material
manner;                                                    shall be used within 48 inches of the floor.
                                                                                   Sexually Oriented Business 25


     (B) A person having a duty under divisions                (D) A nude model studio shall not place or
(A)(1) through (A)(14) above commits a                    permit a bed, sofa or mattress in any room on the
misdemeanor if he or she knowingly fails to fulfill       premises, except that a sofa may be placed in a
that duty.                                                reception room open to the public.
(Ord. 95-588, passed 3-20-1995) Penalty, see § 10.99      (Ord. 95-588, passed 3-20-1995) Penalty, see § 10.99


§ 111.11 ESCORT AGENCIES.                                 § 111.13 PUBLIC NUDITY.

     (A) An escort agency shall not employ any                 (A) It shall be a misdemeanor for a person who
person under the age of 18 years.                         knowingly and intentionally, in a sexually oriented
                                                          business, appears in a state of nudity or depicts
     (B) A person commits an offense if the person        specified sexual activities.
acts as an escort or agrees to act as an escort for any
person under the age of 18 years.                               (B) It shall be a misdemeanor for a person who
(Ord. 95-588, passed 3-20-1995) Penalty, see § 10.99      knowingly or intentionally in a sexually oriented
                                                          business appears in a semi-nude condition unless the
                                                          person is an employee who, while semi-nude, shall be
§ 111.12 NUDE MODELING STUDIOS.                           at least ten feet from any patron or customer and on a
                                                          stage raised from the surrounding floor by at least
     (A) A nude model studio shall not employ any         two feet. It shall be a misdemeanor for any person
person under the age of 18 years.                         not an employee to be on the stage or within ten feet
                                                          of the stage at any time during any performance.
      (B) A person under the age of 18 years commits
an offense if the person appears semi-nude or in a             (C) It shall be a misdemeanor for any
state of nudity in or on the premises of a nude model     employee, while semi-nude in a sexually oriented
studio. It is a defense to prosecution under this         business, to solicit any pay or gratuity from any
section if the person under 18 years was in a restroom    patron or customer or for any patron or customer to
not open to public view or visible to any other person.   pay or give any gratuity to any employee, while the
                                                          employee is semi-nude in a sexually oriented
    (C) A person commits an offense if the person         business.
appears in a state of nudity, or knowingly allows         (Ord. 95-588, passed 3-20-1995) Penalty, see § 10.99
another to appear in a state of nudity in an area of a
nude model studio premises which can be viewed
from the public right of way.
26                                      Ortonville - Business Regulations


§ 111.14 CHILDREN PROHIBITED IN A                               (C) In a structure:
SEXUALLY ORIENTED BUSINESS.
                                                                     (1) Which has no sign visible from the
     A person commits a misdemeanor if the person          exterior of the structure and no other advertising that
knowingly allows a person under the age of 18 years        indicates a nude person is available for viewing;
on the premises of a sexually oriented business.
(Ord. 95-588, passed 3-20-1995) Penalty, see § 10.99                  (2) Where, in order to participate in a
                                                           class, a student must enroll at least three days in
                                                           advance of the class; and
§ 111.15 HOURS OF OPERATION.
                                                                     (3) Where no more than one nude model is
     No sexually oriented business, except for an          on the premises at any one time.
adult motel, may remain open at any time between           (Ord. 95-588, passed 3-20-1995)
the hours of 1:00 a.m. and 6:00 a.m. on weekdays and
Saturdays, and 1:00 a.m. and 10:00 a.m. on Sundays.
(Ord. 95-588, passed 3-20-1995) Penalty, see § 10.99       § 111.17 INJUNCTION.

                                                                A person who operates or causes to be operated
§ 111.16 EXEMPTIONS.                                       a sexually oriented business without a valid license or
                                                           in violation of § 111.09 is subject to a suit for
     It is a defense to prosecution under § 111.13 that    injunction, as well as prosecution for criminal
a person appearing in a state of nudity did so in a        violations. Violations shall be a misdemeanor. Each
modeling class operated:                                   day a sexually oriented business so operates is a
                                                           separate offense or violation.
      (A) By a proprietary school, licensed by the         (Ord. 95-588, passed 3-20-1995)
state, a college, junior college or university supported
entirely or partly by taxation;

     (B) By a private college or university which
maintains and operates educational programs in
which credits are transferable to a college, junior
college or university supported entirely or partly by
taxation; or
Section

     112.01 Purpose                                    § 112.03 RATE SUBMITTAL.
                                    CHAPTER 112: CABLE TELEVISION
     112.02 Authority
     112.03 Rate submittal                                  (A) Whenever the cable operator (or operators)
     112.04 Procedure for review                       providing basic service within and subject to
Cross-reference:                                       regulation by the city submits for review its existing
     Franchise Agreements, see T.S.O. Table II         rates for basic service and associated equipment
                                                       costs, or a proposed increase in these rates, the
                                                       Council shall issue public notice of the rate submittal
§ 112.01 PURPOSE.                                      by posting a notice in the place used for public
                                                       notices in the municipal building, and interested
     (A) The purpose and intent of this chapter is to  parties shall be allowed to submit their views in
enable the Council to meet the FCC’s requirements      writing or in person according to the time schedule
for regulating cable television basic service and      and procedures specified in § 112.04, which is hereby
equipment rates to the fullest extent allowed by the   incorporated herein. The cable operator and all
Act and the FCC’s regulations, and this chapter shall  interested parties must follow the schedule and
be interpreted pursuant to that purpose and intent.    procedures of § 112.04 or the Council may not give
                                                       due consideration to their submittals.
     (B) The city hereby adopts a rule that it will
follow the regulations established by the FCC               (B) The Council shall have the right to conduct
regarding regulation by the franchising authority of   public hearings and receive testimony regarding any
cable television basic service and equipment rates, as rate proposal submitted by a cable operator and may
contained in 47 CFR Part 76, Subpart N.                by motion delegate to any specified city official the
(Ord. 560, passed 10-4-1993)                           right to oversee the proceeding or to undertake any of
                                                       the ministerial duties of the Council (for example,
                                                       issuing notices) regarding the review and regulation
§ 112.02 AUTHORITY.                                    of rates under this chapter.
                                                       (Ord. 560, passed 10-4-1993)
     The City Council is hereby deemed to be the
franchising authority for purposes of regulation       27
pursuant to this chapter.
(Ord. 560, passed 10-4-1993)
28                                     Ortonville - Business Regulations


§ 112.04 PROCEDURE FOR REVIEW.                                          (a) If an additional 90 days has been
                                                         granted, and unless the notice granting the additional
     (A) Upon assumption of rate regulation              time specifies otherwise, then petitions opposing the
authority, the Council will notify the cable operator    filing must be made within 30 days of the notice. The
and require the cable operator to file its basic rate    cable operator or other interested party may file an
schedule with the Council within 30 days.                opposition within ten days of the filing of the
                                                         petition; and
      (B) Basic service and equipment rate schedule
filings for existing rates or proposed rate increases                   (b) If an additional 120 days has been
(including increases in the baseline channel change      granted and unless the notice granting the additional
that results from reductions in the number of channels   time specifies otherwise, then petitions opposing the
in a tier) must use the appropriate FCC forms. Cable     filing must be made within 45 days of the notice. The
operators with existing or proposed rates above the      cable operator or other interested party may file an
permitted tier rate must submit a cost-of-service        opposition within 15 days of the filing of the petition.
showing sufficient to support a finding that the rates
are reasonable.                                                     (2) All petitions or filings must certify to
                                                         service on the Council and on all parties to which the
      (C) Filings proposing annual adjustments or        petition responds.
rates within the FCC’s benchmark rate regulation
standards in 47 CFR 76.922 and 76.923 must be                 (E) All written submittals must be addressed to
made 30 days prior to the proposed effective date and    the City Clerk/Administrator, must be received by the
can become effective on the proposed effective date      City Clerk/Administrator by the time established
unless the Council issues an order deferring the         above, and must include an original, plus eight
effective date or denying the rate proposal. Petitions   copies. Upon receipt, the City Clerk/Administrator
opposing such filings must be filed within 15 days of    shall note the date and time of each submittal and
public notice of the filing by the cable operator and    shall make one copy of each submittal available for
be accompanied by a certificate that service was         public inspection during the normal hours of
made on the cable operator and the Council. The          business.
cable operator or other interested party may file an
opposition within five days of filing of the petition,        (F) Oral comments may be presented at any
certifying to service on both the petitioner and the     regularly scheduled meeting of the Council held
Council.                                                 following the date the notice is posted through the
                                                         twenty-fifth day following the date of posting,
      (D) (1) If the Council issues a notice granting    provided that if no Council meeting is regularly
an additional 90 or 120 days for further consideration   scheduled during this time period, then the public
of a rate filing, (see 47 CFR 76.933), then the          notice shall specify a time and place during this
following time limits for written comments shall         period when oral comments may be presented.
apply:                                                   (Ord. 560, passed 10-4-1993)
Section

                             CHAPTER 113: ALCOHOLIC BEVERAGES
                General Provisions
                                                        GENERAL PROVISIONS
    113.01    Consumption and possession

                 3.2% Malt Liquor                       § 113.01 CONSUMPTION AND POSSESSION.

    113.15    License required                               (A) It shall be unlawful for any person to
    113.16    Application procedure                     consume “intoxicating liquor” or “3.2% malt liquor,”
    113.17    Proof of financial responsibility         hereinafter referred to as “intoxicating beverages,” or
    113.18    Revocation or suspension                  to possess any bottle or receptacle containing an
    113.19    Transfer or sharing prohibited            intoxicating beverage which has been opened, or the
    113.20    Unobstructed windows required             seal broken or the contents of which have been
    113.21    Sale to minors prohibited                 partially removed, in or upon all parking lots and
                                                        other public areas and in or upon all public right-of-
                Intoxicating Liquor                     way and alleys within the city and in or upon all
                                                        parks and recreation areas now owned or hereinafter
    113.40    State law adopted                         acquired by the city; subject, however, to the
    113.41    License required                          following exceptions, terms and conditions:
    113.42    Application procedure; fees
    113.43    Granting of licenses                                (1) The possession and consumption of
    113.44    Ineligibilities                           intoxicating beverages shall be permitted in or upon
    113.45    Conditions of license                     the city parks now known and commonly referred to
    113.46    Suspension or revocation                  as Lake Side Park, Riverside Park and Northside
    113.47    Nudity on the premises of licensed        Park.
              establishments prohibited.
Cross reference:                                                  (2) The possession and consumption of
    Liquor Committee, see § 31.09                       intoxicating beverages shall be permitted in or upon
    Public dances, see § 114.02                         other city parks for special community events or
                                                        special athletic tournaments, but only after first
                                                        obtaining the approval of the Council, authorizing the


                                                   29
30                                     Ortonville - Business Regulations


possession and consumption of intoxicating                          (1) “On-sale” licenses shall permit the
beverages in or upon the parks or recreation areas for    licensee to sell 3.2% malt liquors for consumption on
special events or special athletic tournaments, and       the premises only; and
that the City Council may impose limitations and
conditions upon the possession and consumption of                   (2) “Off-sale” licenses shall permit the
intoxicating beverages for each of the events as the      licensee to sell 3.2% malt liquors in original packages
City Council deems necessary; but each special            for consumption off the premises only.
approval shall not exceed ten consecutive days for        (Ord. 468, passed 3-7-1983) Penalty, see § 10.99
any special event or special athletic tournament.

      (B) The provisions of this section shall not        § 113.16 APPLICATION PROCEDURE.
apply to the area within the limits of the city golf
course as the same is now laid out and existing or the         (A) Any person desiring either of the licenses as
fire hall.                                                hereinbefore described shall make written application
                                                          therefor to the City Council upon a blank to be
     (C) The words “intoxicating liquor” and “3.2%        furnished by the city, and file the same in the office
malt liquor,” as used herein, shall be defined in the     of the City Clerk/Administrator. The application
same manner as they are defined under the laws of         shall set forth the name of the applicant, age and
the state as they relate to the control and use of the    place of residence and the kind of business in which
beverages.                                                the applicant is engaged, including address of same.
(Ord. 470, passed 6-5-1983; Am. Ord. 94-576, passed       It shall also set forth the location, including street
5-2-1994) Penalty, see § 10.99                            number and floor, of the place at which the applicant
                                                          proposes to carry on the business. The applicant shall
                                                          also state that the applicant is a citizen of the United
                                                          States and a person of good moral character and
               3.2% MALT LIQUOR                           repute.

                                                               (B) At the time of filing the application, the
§ 113.15 LICENSE REQUIRED.                                applicant     shall     deposit    with     the    City
                                                          Clerk/Administrator the sum of $50 or a higher fee as
     (A) It shall be unlawful to sell 3.2% malt           the City Council may from time to time fix by
liquors at retail or wholesale in the city, except when   resolution if the application is for “on-sale” license,
licensed as hereinafter provided.                         and the sum of $15 if the application is for “off-sale”
                                                          license. The two aforesaid sums are hereby fixed as
     (B) There shall be two types of licenses issued      and for the annual license fees for the respective
for the sale of 3.2% malt liquors, classified and         licenses to be paid to the city. At the next meeting of
defined as follows:                                       the City Council following the receipt of the
                                                                                           Alcoholic Beverages 31


application, the City Clerk/Administrator shall                    (2) A bond of a surety company with the
present the same to the City Council for its              minimum coverages as provided in subsection (1)
consideration and the Council shall hear all persons      above; and
interested in the granting of the application and
consider the appropriateness of the location applied               (3) A certification of the State Treasurer
for in the application. All licenses granted and issued   that the licensee has deposited with him or her
under the provisions of this subchapter shall be at the   $100,000 in cash or securities which may legally be
discretion of the City Council and shall expire on the    purchased by savings banks, or for trust funds having
first Monday of July in each year following the date      market value of $100,000.
of its issuance.
(Ord. 468, passed 3-7-1983)                                    (C) Applicants for licenses for the sale of 3.2%
                                                          malt liquor of sales of less than $10,000 for the
                                                          beverage, are exempted from the requirements of this
§ 113.17 PROOF OF FINANCIAL                               section.
RESPONSIBILITY.
                                                               (D) Applicants seeking exemption under
    (A) Each application for a license shall be           division (C) above shall provide a verified statement
accompanied by a proof of financial responsibility.       of sales of 3.2% malt liquor during the preceding
                                                          license period or, if none, shall submit a verified
      (B) Financial responsibility can be shown by        statement setting forth the projected sales of the
filing with the City Clerk/Administrator one of the       licensee.
following:                                                (Ord. 468, passed 3-7-1983)

         (1) A certificate that there is in effect an
insurance policy or pool providing coverage of at         § 113.18 REVOCATION OR SUSPENSION.
least:
                                                                (A) Any license granted hereunder may be
              (a) Fifty-thousand dollars because of       revoked by the Council without notice to the grantee
bodily injury to any one person in any one                or hearing may first be held by Council and
occurrence, and subject to the limit of one person; in    revocation then made for cause. Any violation of any
the amount of $100,000 because of bodily injury to        provision or condition of this subchapter or any
two or more persons in any one occurrence; and in         falsification of any statement in the application shall
the amount of $10,000 because of injury to or             be grounds for revocation. No portion of the license
destruction of property of others in any one              fees paid in to the City Treasury shall be returned
occurrence; and                                           upon revocation.

              (b) Fifty-thousand dollars for loss of           (B) (1) Loss of insurance or other proof of
means of support of any one person in any one             financial responsibility shall be grounds for automatic
occurrence, and subject to the limit for one person;      revocation of the license, except for those licensees
$100,000 for loss of means of support of two or more      exempted under the provisions of § 113.17 hereof.
persons in any one occurrence;
32                                       Ortonville - Business Regulations


Notice of cancellation of a current liquor liability
policy shall serve as notice on the licensee of the                     INTOXICATING LIQUOR
impending revocation of license.

          (2) Unless evidence of compliance with §         § 113.40 STATE LAW ADOPTED.
113.17 is presented to the City Clerk/Administrator,
the license will be instantly revoked upon the lapse.           The provisions of M.S. Chapter 340A, as it may
(Ord. 468, passed 3-7-1983)                                be amended from time to time, relating to the
                                                           definition of terms, licensing, consumption, sales,
                                                           financial responsibility, hours of sale and all other
§ 113.19 TRANSFER OR SHARING                               matters pertaining to the retail sale, distribution and
PROHIBITED.                                                consumption of intoxicating liquor are adopted and
                                                           made a part of this subchapter as if set out in full.
     (A) All licenses granted under this subchapter        (Ord. 539, passed 12-2-1991)
shall be issued to the applicant only, and shall be
issued for the premises described in the application.
                                                           § 113.41 LICENSE REQUIRED.
    (B) The licenses shall not be transferred to
another place without the approval of the City                  (A) No person, except a wholesaler or
Council.                                                   manufacturer to the extent authorized under state
(Ord. 468, passed 3-7-1983)                                license, shall directly or indirectly deal in, sell or
                                                           keep for sale in the city any intoxicating liquor
                                                           without a license to do so as provided in this
§ 113.20 UNOBSTRUCTED WINDOWS                              subchapter.
REQUIRED.
                                                                (B) Licenses shall be of four kinds: “on-sale,”
     No premises licensed hereunder shall at any time      “on-sale wine,” “club” and “Sunday sales” licenses.
have the view thereof in any manner obstructed by
screens or curtains and shall be open to inspection by                (1) “On-sale” licenses shall be issued only
the Health and Police departments of the city during       to hotels, clubs and restaurants and shall permit “on-
all hours.                                                 sale” of liquor only.
(Ord. 468, passed 3-7-1983) Penalty, see § 10.99
                                                                     (2) “On-sale wine” licenses shall be issued
                                                           only to restaurants meeting the qualifications of M.S.
§ 113.21 SALE TO MINORS PROHIBITED.                        § 340A.404 (5), as it may be amended from time to
                                                           time, and shall permit only the sale of wine not
     It shall be unlawful for any person or his or her     exceeding 24% alcohol by volume, for consumption
agents, servants or employees, to sell 3.2% malt           on the licensed premises, only in conjunction with the
liquors to any person under the age of 21 years,           sale of food.
habitual drunkard or intemperate person.
(Ord. 468, passed 3-7-1983) Penalty, see § 10.99                     (3) Special club licenses shall be issued to
                                                           incorporated clubs or congressionally chartered
                                                           veterans’ organizations in existence for three years.
                                                                                           Alcoholic Beverages 33


            (4) A special license authorizing sales on              (2) Any liability insurance policy filed as
Sunday in conjunction with the serving of food may        proof of financial responsibility under this division
be issued to any hotel, restaurant or club which has      shal1 conform to M.S. § 340A.409, as it may be
facilities for serving at least 30 guests at one time,    amended from time to time. Financial responsibility
and which has an on-sale license.                         can be shown by filing with the City
(Ord. 539, passed 12-2-1991)                              Clerk/Administrator one of the following:

                                                                        (a) A certificate that there is in effect
§ 113.42 APPLICATION PROCEDURE; FEES.                     an insurance policy or pool providing the following
                                                          minimum coverages for each occurrence:
      (A) Form. Every application for a license to
sell liquor shall state the name of the applicant, age,                       1. Fifty-thousand dollars for
representations as to character, with the references as   bodily injury to any one person and $100,000 for
the Council may require, citizenship, the type of         injuries to two or more persons, and $10,000 for
license applied for, the business in connection with      property damage; and
which the proposed license will operate and its
location, whether the applicant is owner and operator                         2. Fifty-thousand dollars for
of the business, how long she or he has been in that      loss of means of support of any one person; $100,000
business at that place, and other information as the      for loss of means of support of two or more persons;
Council may require from time to time. Every
application shall also include a copy of each notice                   (b) A bond of a surety company with
received by the applicant under M.S. § 340A.802, as       the minimum coverages as provided in subsection (a)
it may be amended from time to time, during the           above;
preceding year. In addition to containing
information, the application shall be in the form                        (c) A certificate of the State
prescribed by the Commissioner of Public Safety and       Treasurer that the licensee has deposited with him or
shall be verified and filed with the City                 her $100,000 in cash or securities eligible for
Clerk/Administrator. No person shall make a false         purchase by savings banks or for trust funds worth
statement in an application.                              that amount;

     (B) Financial responsibility.                                      (d) Applicants for licenses for the
                                                          sale of wine with sales of less than $10,000 for the
          (1) No liquor license may be issued,            beverages are exempted from the requirements of this
maintained or renewed unless the applicant                section; or
demonstrates proof of financial responsibility as
defined in M.S. § 340A.409, as it may be amended                         (e) Applicants seeking exemption
from time to time, with regard to liability under M.S.    under subsection (d) above shall provide a verified
§ 340A.801, as it may be amended from time to time.       statement of sales of wine during the preceding
Proof shall be filed with the Commissioner of Public      license period or, if none, shall submit a verified
Safety.                                                   statement setting forth the projected sales of the
                                                          licensee.
34                                       Ortonville - Business Regulations


            (3) The security offered under subsection       § 113.43 GRANTING OF LICENSES.
(2) above shall be approved by the City Council and
in the case of applicants for on-sale wine licenses by           (A) Preliminary investigation.
the State Commissioner of Public Safety. Operation
of a licensed business without having on file with the                 (1) On an initial application for an on-sale
city at all times effective security, as required, is a     license and on application for transfer of an existing
cause for revocation of the license.                        on-sale license, the applicant shall pay with his or her
                                                            application an investigation fee in an amount
     (C) License fees.                                      equivalent to the amount expended by the city, not to
                                                            exceed $500, with a minimum charge of $50 and the
           (1) Fees. The annual fee for an on-sale          city shall conduct a preliminary background and
license shall be $500; for an on-sale wine license,         financial investigation of the applicant. The
$200; $300 to $500 for a special club license as            application in such case shall be made on a form
permitted by the laws of the state; and $200 for a          prescribed by the Commissioner of Public Safety and
special license for Sunday sales, or fees as the            with additional information as the Council may
Council may from time to time set by resolution.            require. If the Council deems it in the public interest
Fees for VFW shall be $500. Fees for Moose shall be         to have an investigation made on a particular
$300.                                                       application for renewal of an on-sale license, it shall
                                                            so determine. In any case, if the Council determines
          (2) Payment. Each application for a               that a comprehensive background and financial
license shall be accompanied by a receipt from the          investigation of the applicant is necessary, it may
City Treasurer for payment in full of the license fee       conduct the investigation itself or contract with the
and the fixed investigation fee required under §            Commissioner of Public Safety for the investigation.
113.43, if any. All fees shall be paid to the city. If an
application for a license is rejected, the Treasurer                   (2) No license shall be issued, transferred
shall refund the amount paid as the license fee.            or renewed if the results show to the satisfaction of
                                                            the Council that issuance would not be in the public
           (3) Term; pro rata fee. Each license shall       interest. If an investigation outside the state is
be issued for a period of one year, except that if the      required, the applicant shall be charged the cost,
application is made during the license year, a license      which shall be paid by the applicant after deducting
may be issued for the remainder of the year for a pro       any initial investigation fee already paid. The fee
rata fee, with any unexpired fraction of a month being      shall be payable by the applicant whether or not the
counted as one month. Every license shall expire on         license is granted.
the last day of June.
                                                                 (B) Hearing and issuance. The City Council
         (4) Refunds. No refund of any fee shall be         shall investigate all facts set out in the application and
made except as authorized by statute.                       not investigated in the preliminary background and
(Ord. 539, passed 12-2-1991) Penalty, see § 10.99           financial investigation conducted pursuant to division
                                                                                           Alcoholic Beverages 35


(A) above. Opportunity shall be given to any person       § 113.45 CONDITIONS OF LICENSE.
to be heard for or against the granting of the license.
After the investigation and hearing, the Council shall,        (A) General. Every license is subject to the
in its discretion, grant or refuse the application. No    conditions in the following subdivisions and all other
on-sale wine license shall become effective until it,     provisions of this subchapter and of any other
together with the security furnished by the applicant,    applicable, ordinance, state law or regulation.
has been approved by the Commissioner of Public
Safety.                                                        (B) Licensee’s responsibility. It shall be
                                                          unlawful for any club or individual owner, agents or
     (C) Person and premises license; transfer.           employees thereof, to sell intoxicating liquor to any
Each                                                      minor, a habitual drunkard or an intemperate person.
license shall be issued only to the applicant and for     Every licensee is responsible for the conduct in the
the premises described in the application. No license     licensed establishment, and any sale of alcoholic
may be transferred to another person or place without     beverages by any employee authorized to sell the
City Council approval. Any transfer of stock of a         beverages in the establishment is the act of the
corporate license is deemed a transfer of the license,    licensee.
and a transfer of stock without Council approval is a
ground for revocation of the license.                          (C) Hours and days of sale.
(Ord. 539, passed 12-2-1991)
                                                                     (1) The hours of operation and days of
                                                          sale shall be those set by M.S. § 340A.504, as it may
§ 113.44 INELIGIBILITIES.                                 be amended from time to time.

     (A) No license shall be granted to any person                   (2) No person shall consume nor shall any
made ineligible for a license by state law. No license    on-sale licensee permit any consumption of
shall be issued to an individual who is not a resident    intoxicating liquor or 3.2% malt liquor in an on-sale
of the city.                                              licensed premises more than 30 minutes after the time
                                                          when a sale can legally occur.
     (B) (1) No license shall be issued for any
place or business ineligible for a license under state               (3) No on-sale licensee shall permit any
law.                                                      glass, bottle or other container containing intoxication
                                                          liquor or 3.2% malt liquor to remain upon any table,
          (2) No license shall be granted for             bar, stool or other place where customers are served,
operation on any premises on which taxes,                 more than 30 minutes after the time when a sale can
assessments or other financial claims of the city are     legally occur.
delinquent and unpaid.
(Ord. 539, passed 12-2-1991)
36                                      Ortonville - Business Regulations


          (4) No person, other than the licensee and       be granted within ten days or a longer period as may
any employee, shall remain on the on-sale licensed         be requested. Any suspension under this section shall
premises more than 30 minutes after the time when a        continue until the City Council determines that the
sale can legally occur.                                    financial responsibility requirements of this
                                                           subchapter have again been met.
         (5) Any violation of these provisions may         (Ord. 539, passed 12-2-1991)
be grounds for revocation or suspension of the
license.
                                                           § 113.47 NUDITY ON THE PREMISES OF
                                                           LICENSED ESTABLISHMENTS PROHIBITED.
§ 113.46 SUSPENSION OR REVOCATION.
                                                                (A) The City Council finds that it is in the best
      (A) The Council shall either suspend for up to       interests of the public health, safety, and general
60 days or revoke any liquor license, or impose a          welfare of the people of the city that nudity is
civil fine not to exceed $2,000, for each violation        prohibited as provided in this section on the premises
upon a finding that the licensee has failed to comply      of any establishment licensed under this chapter.
with any applicable statute, regulation or ordinance       This is to protect and assist the owners, operators, and
relating to alcoholic beverages. Except in cases of        employees of the establishment, as well as patrons
failure of financial responsibility, no suspension or      and the public in general, from harm stemming from
revocation shall take effect until the licensee has been   the physical immediacy and combination of alcohol,
afforded an opportunity for a hearing pursuant to          nudity, and sex. The Council especially intends to
M.S. §§ 14.57 to 14.70 of the Administrative               prevent any subliminal endorsement of sexual
Procedure Act, as they may be amended from time to         harassment or activities likely to lead to the
time.                                                      possibility of various criminal conduct, including
                                                           prostitution, sexual assault, and disorderly conduct.
     (B) Lapse of required dram shop insurance or          The Council also finds that the prohibition of nudity
bond, or withdrawal of a required deposit of cash or       on the premises of any establishment licensed under
securities shall affect an immediate suspension of any     this chapter, as set forth in this section, reflects the
license issued pursuant to this subchapter without         prevailing community standards of the city.
further action of the City Council. Notice of
cancellation, lapse of a current liquor liability policy        (B) It is unlawful for any licensee to permit or
or bond, or withdraw of deposited cash or securities       allow any person or persons on the licensed premises
shall also constitute notice to the licensee of the        when the person does not have his or her buttocks,
impending suspension of the license. The holder of a       anus, breasts, and genitals covered with a non-
license who has received notice of lapse of required       transparent material. It is unlawful for any person to
insurance or bond or withdrawal of a required              be on the licensed premises when the person does not
deposit, or of suspension or revocation of a license,      have his or her buttocks, anus, breasts, and genitals
may request a hearing thereon and if a request is          covered with a non-transparent material.
made in writing to the City Clerk/Administrator a
hearing shall
                                                           Alcoholic Beverages 37


     (C) A violation of this section is a misdemeanor
punishable as provided by law, and is justification for
revocation or suspension of any liquor, wine, or 3.2%
malt liquor license or the imposition of a civil penalty
under the provisions of § 10.99.
Penalty, see § 10.99
38   Ortonville - Business Regulations
Section

    114.01     Bingo                                         (D) License
                                       CHAPTER 114: AMUSEMENTS fee. The annual license fee shall be
    114.02     Circuses, carnivals, shows and other     $10 per year.
               entertainment
                                                             (E) Fidelity bond. No bingo license shall be
                                                        issued until the bingo manager furnishes a fidelity
§ 114.01 BINGO.                                         bond in the sum of $10,000 in favor of the
                                                        organization. The bond shall be conditioned on the
     (A) Statute incorporated. The provisions of        faithful performance by the manager of his or her
M.S. §§ 349.11 through 349.23 as they may be            duties. The bond shall not be cancellable except upon
amended from time to time, relating to the game of      30 days written notice to the city. The Council may,
bingo are adopted and made a part of this section as if by unanimous vote, agree to waive the fidelity bond
set out in full. In addition, the regulations of this   requirement. If a waiver is granted, the license must
section apply to the conduct of bingo within the city.  be endorsed to indicate the action.

     (B) License required. The unlicensed conduct                  (F) Revocation. No licensee shall have a vested
of bingo within the city is prohibited.      Any              right in any bingo license and the licenses may be
organization authorized by law to conduct bingo               suspended or revoked by the Council at any time
occasions may do so only after applying for and               upon a showing that:
receiving a license from the Council.
                                                                         (1) Any misrepresentation has been made
     (C) Application. The application shall state             in the license application or any report required of the
where the games will be played and the dates and              licensee; or
hours for which permission to play the games is
requested. The application shall be verified by a duly                  (2) The licensee has violated or caused to
authorized officer of the organization and by the             be violated any provisions of this section or the state
designated bingo manager. No application shall be             bingo law.
accepted by the city unless accompanied by the full           (Ord. 448, passed 5-18-1981) Penalty, see § 10.99
annual license fee.




2004 S-2                                                 39
40                                      Ortonville - Business Regulations


§ 114.02 CIRCUSES, CARNIVALS, SHOWS                         Clerk/Administrator shall give his or her consent to
AND OTHER ENTERTAINMENT.                                    the issuance of the license if he or she deems that the
                                                            location is suitable for the purpose; that it will
     (A) (1) Each person, desiring to conduct, stage        properly accommodate the patrons; that the nature of
or give a circus, carnival, theatrical exhibition, public   the performance or exhibition does not pose a threat
show, athletic game or other entertainment, for which       to the health, safety or general welfare of the public;
there is a charge for admission, shall first obtain a       and that the use of the location will not create too
license and pay the license fee or fees as established      great a burden upon the Police Department or the Fire
by Council ordinance, as may be amended from time           Department.
to time.
                                                                 (C) No circus, carnival, theatrical exhibition,
           (2) Local school entertainment, charitable       public show, athletic game or other entertainment
organizations, lecture courses, and lectures on             shall be given for more than two consecutive days,
historic, literary or scientific subjects are not subject   except in cases where the City Council by resolution
to the provisions of this section; provided, that the       allows a longer period, or where the exhibition is to
entertainment is not for profit.                            be conducted on municipal property and the use
                                                            thereof for a longer period shall have been approved
     (B) In addition to any other requirements, the         by the City Council.
applicant for a license shall give at least one week’s      Penalty, see § 10.99
notice in writing to the City Clerk/Administrator or
other authorized official, stating the dates of the                       [Text continues on p. 43]
performances and the location at which the
performances are to be presented.            The City

2004 S-2
Section

     115.01    Lodging tax             CHAPTER 115: LODGING TAX


§ 115.01 LODGING TAX.

     (A) There is hereby imposed upon the gross
receipts of all hotels, motels and other places of
business furnishing lodging to the public in the city, a
lodging tax in the amount of 1.5% of the gross
receipts.

     (B) The lodging taxes so collected shall be
remitted to the city on a quarterly basis by the fifth
day in the months of January, April, July and October
in each year commencing with the first of the months
occurring after the effective date of this section.

     (C) Not to exceed 95% of the tax proceeds shall
be used for the funding of a local convention or
tourist bureau for the purpose of marketing and
promoting the city as a tourist or convention center.
(Ord. 99-3, passed 10-4-1999) Penalty, see § 10.99




                                                           43
44   Ortonville - Business Regulations
Section

     116.01          CHAPTER lawn fertilizer
               Sale and display of116: MISCELLANEOUS BUSINESS REGULATIONS


§ 116.01 SALE AND DISPLAY OF LAWN
FERTILIZER.

     No person, firm, corporation, franchise, or
commercial establishment shall sell or display for
sale any lawn fertilizer, liquid or granular, within the
City of Ortonville that contains any amount of
phosphorous or other compound containing
phosphorous, such as phosphate, unless:

     (A) Phosphorous-free fertilizer is also available
for sale;

      (B) Phosphorous-free fertilizer and fertilizer
with phosphorous are separately displayed with each
display being clearly marked as to whether or not the
fertilizer contains phosphorous;

     (C) Displays of phosphorous-free fertilizer are
of equal or greater size and prominence;

      (D) A sign or brochure is on prominent display
nest to any fertilizer display containing the City of
Ortonville’s regulations concerning the use of
fertilizer with phosphorous.
(Ord. 02-04, passed 7-15-02) Penalty, see § 10.99




                                                           45
2002 S-1
46                                       Ortonville - Business Regulations
     TITLE XIII: GENERAL OFFENSES

Chapter

          130. GENERAL OFFENSES




                     1
2   Ortonville - General Offenses
Section

    130.01   Curfew                                  EMERGENCY
                                CHAPTER 130: GENERAL OFFENSES ERRAND. A task that if not
    130.02   Disturbing the peace; disorderly   completed promptly threatens the health, safety or
             conduct                            comfort of the minor or a member of the minor’s
    130.03 Littering                            household. The term shall include, but shall not be
    130.04 Discharging firearms                 limited to seeking urgent medical treatment, seeking
    130.05 Vagrancy                             urgent assistance from law enforcement or Fire
Cross-reference:                                Department personnel, and seeking shelter from the
    Consumption and possession, see § 113.01    elements or urgent assistance from a utility company
                                                due to a natural or human-made calamity.

§ 130.01 CURFEW.                                              OFFICIAL CITY TIME. The time of day as
                                                         determined by reference to the master clock used by
     (A) Purpose.      The curfew for minors             the Police Department.
established by this section is maintained for four
primary reasons:                                              PLACES OF AMUSEMENT, ENTERTAIN-
                                                         MENT or REFRESHMENT. Those places that
         (1) To protect the public from illegal acts     include, but are not limited to movie theaters, pinball
of minors committed during the curfew hours;             arcades, shopping malls, nightclubs catering to
                                                         minors, restaurants and pool halls.
          (2) To protect minors from improper
influences that prevail during the curfew hours,              PRIMARY CARE or PRIMARY CUSTODY.
including involvement with gangs;                        The person who is responsible for providing food,
                                                         clothing, shelter and other basic necessities to the
           (3) To protect minors from criminal           minor. The person providing PRIMARY CARE or
activity that occurs during the curfew hours; and        CUSTODY to the minor shall not be another minor.

          (4) To help parents control minor children.        SCHOOL ACTIVITY. An event which has
                                                         been placed on a school calendar by public or
     (B) Definitions. For the purpose of this section,   parochial school authorities as a school sanctioned
the definitions shall apply unless the context clearly   event.
indicates or requires a different meaning.
     3
4                                        Ortonville - General Offenses


     (C) Hours.                                                      (2) To a minor who is upon an emergency
                                                          errand at the direction of his or her parent, guardian
          (1) Minors under the age of 16 years. No        or other adult person having the primary care and
minor under the age of 16 years shall be in or upon       custody of the minor;
the public streets, alleys, parks, playgrounds or other
public grounds, public places, public buildings; nor in             (3) To a minor who is in any of the places
or upon places of amusement, entertainment or             described in this section if in connection with or as
refreshment; nor in or upon any vacant lot, between       required by an employer engaged in a lawful
the hours of 11:59 p.m. on Friday and Saturday nights     business, trade, profession or occupation; or to a
or 11:00 p.m. on all other nights and 5:00 a.m. the       minor traveling directly to or from the location of the
following day, official city time.                        business trade, profession or occupation and the
                                                          minor’s residence. Minors who fall within the scope
           (2) Minors ages 16 years to 18 years. No       of this exception shall carry written proof of
minor of the ages of 16 or 17 years shall be in or        employment and proof of the hours the employer
upon the public streets, alleys, parks, playgrounds or    requires the minor’s presence at work;
other public grounds, public places, public buildings;
nor in or upon places of amusement, entertainment or                 (4) To a minor who is participating in or
refreshment; nor in or upon any vacant lot, between       traveling directly to or from an event which has been
the hours of 11:59 p.m. and 5 a.m. the following day,     officially designated as a school activity by public or
official city time.                                       parochial school authorities; or who is participating in
                                                          or traveling directly to or from an official activity
     (D) Effect on control by adult responsible for       supervised by adults and sponsored by the city, a
minor. Nothing in this section shall be construed to      civic organization, school, religious institution or
give a minor the right to stay out until the curfew       similar entity that takes responsibility for the minor
hours designated in this section if otherwise directed    and with the permission of the minor’s parent,
by a parent, guardian or other adult person having the    guardian or other adult person having the primary
primary care and custody of the minor; nor shall this     care and custody of the minor;
section be construed to diminish or impair the control
of the adult person having the primary care or                       (5) To a minor who is passing through the
custody of the minor.                                     city in the course of interstate travel during the hours
                                                          of curfew;
     (E) Exceptions. The provisions of this section
shall not apply in the following situations:                        (6) To a minor who is attending or
                                                          traveling directly to or from an activity involving the
          (1) To a minor accompanied by his or her        exercise of First Amendment rights of free speech,
parent or guardian, or other adult person having the      freedom of assembly or freedom of religion;
primary care and custody of the minor;
                                                                                              General Offenses 5


           (7) To minors on the sidewalk abutting his         (I) Defense. It shall be a defense to
or her residence or abutting the residence of a next-    prosecution under this section that the owner,
door neighbor if the neighbor does not complain to       operator or employee of an establishment promptly
the city’s designated law enforcement provider about     notified the city’s designated law enforcement
the minor’s presence; and                                provider that a minor was present on the premises of
                                                         the establishment during curfew hours and refused to
          (8) To a minor who is married or has been      leave.
married, or is otherwise legally emancipated.

     (F) Duties of person legally responsible for        § 130.02 DISTURBING THE PEACE;
minor. No parent, guardian or other adult having the     DISORDERLY CONDUCT.
primary care or custody of any minor shall permit any
violation of the requirements of this section by the          (A) The provisions of M.S. § 609.72,
minor.                                                   Disorderly Conduct, as it may be amended from time
                                                         to time are hereby adopted by reference.
     (G) Duties of other persons. No person
operating or in charge of any place of amusement,             (B) Any person who shall make or assist in
entertainment or refreshment shall permit any minor      making any noises, riot or disturbance, or who shall
to enter or remain in his or her place of business       be guilty of any disorderly, indecent, immoral or
during the hours prohibited by this section unless the   insulting conduct, language or behavior in the streets
minor is accompanied by his or her parent, guardian      or elsewhere in the city shall for each offense on
or other adult person having primary care or custody     conviction be punished. (Ord. 41, passed 7-3-1890)
of the minor, or unless one of the exceptions to this    Penalty, see § 10.99
section apply.

     (H) Penalties.                                      § 130.03 LITTERING.

          (1) Minors. Any minor found to be in                 No person shall unlawfully deposit garbage,
violation of this section may be adjudicated             rubbish, offal, the body of a dead animal or other
delinquent and shall be subject to the dispositional     litter in or upon any public street, alley parking lot or
alternatives set forth in M.S. § 260.185, as amended.    other public property or any private property without
                                                         the consent of the property owner.
           (2) Adults. Any adult person found to be      (Ord. 519, passed 8-21-1989) Penalty, see § 10.99
in violation of this section shall be guilty of a
misdemeanor and may be sentenced up to the
maximum penalty authorized by state law for a            § 130.04 DISCHARGING FIREARMS.
misdemeanor.
                                                             (A) Shooting upon, over or near a cemetery.
                                                         No person shall, without permission from the proper
6                                         Ortonville - General Offenses


officials, discharge a firearm upon or over a cemetery     § 130.05 VAGRANCY.
or within 100 yards thereof, unless the person is upon
his or her own land.                                            The provisions of M.S. § 609.725, as it may be
                                                           amended from time to time are hereby adopted by
     (B) Hunting near a city park. No person shall         reference.
hunt, shoot, or kill game within ½-mile of a city park
unless the City Council has granted permission to kill
game not desired within the limits prohibited by this
division.

      (C) Discharge of firearms prohibited in certain
places. No person shall discharge a firearm on a
lawn, park, playground, orchard, or other ground
appurtenant to a school, church, or an inhabited
dwelling, the property of another, or a charitable
institution. This section does not prevent or prohibit
the owner thereof from discharging firearms upon his
or her own land.

     (D) Discharging firearms on highways
prohibited. No person shall discharge a firearm upon
or over a public road or highway.

      (E) Exceptions. This section shall not prohibit
the firing of a military salute or the firing of weapons
by persons of the nation’s armed forces acting under
military authority, and shall not apply to law
enforcement officials in the proper enforcement of
the law, or to any person in the proper exercise of the
right of self defense, or to any person otherwise
lawfully permitted by proper federal, state or local
authorities to discharge a firearm in a manner
contrary to the provisions of this section.

     (F) If any of the above provisions are found to
be in conflict with M.S. § 624.717, as it may be
amended from time to time, the provisions of that
statute shall prevail.
Penalty, see § 130.99
           TITLE XV: LAND USAGE

Chapter

          150. ZONING
               APPENDIX A: PARKING AREA STANDARDS
               APPENDIX B: PARKING AND LOADING SPACES

          151. SIGNS

          152. SHORELAND MANAGEMENT

          153. FLOOD HAZARD PREVENTION

          154. AIRPORT HAZARD AREAS

          155. BUILDING REGULATIONS

          156. SUBDIVISIONS




                       1
2   Ortonville - Land Usage
Section

                General Provisions                       150.053
                                          CHAPTER 150: ZONING Lighting
                                                         150.054 Public water alterations
    150.001   Title; application                         150.055 Design standards
    150.002   Definitions
    150.003   Establishment of districts; official map       Yard, Area and Building Size Regulations
    150.004   Annexations and detachments
    150.005   Zoning district boundaries                    150.070   Purpose
                                                            150.071   Reduction requirements
                District Regulations                        150.072   Yard requirements
                                                            150.073   Lot area requirements
    150.020   Conformance; regulations                      150.074   Building size and architectural
    150.021   A-O, agriculture - open space
    150.022   R-1, low density residential
    150.023   R-2, medium density dwelling
    150.024   R-3, manufactured home park
    150.025   B-1, central business
    150.026   B-2, general business
    150.027   B-3, highway business
    150.028   I-1, limited industrial
    150.029   I-2, general industrial
    150.030   PUD, planned unit development

               General Regulations
                                                            150.075 Accessory structures, uses and
    150.045 Purpose
    150.046 Dwelling units; buildings
    150.047 Land reclamation
    150.048 Mining
    150.049 Fencing, screening and landscaping
    150.050 Nuisances and blight; vision
            obstructions
    150.051 Junk yards
    150.052 Performance standards

                                                                 Off-Street Parking and Loading

                                                            150.090   Purpose and scope
                                                            150.091   Calculating space
                                                            150.092   Site plan; criteria
                                                            150.093   Reduction and use of space
                                                            150.094   Commercial vehicles and equipment
                                                            150.095   Parking and storage of certain vehicles
                                                            150.096   Maintenance
                                                            150.097   Stall, aisle and driveway design
                                                            150.098   Joint parking facilities
    150.099 Off-street loading facilities       150.115 Purpose
    150.100 Central loading                     150.116 Continuance and maintenance

       Nonconforming Uses and Structures




                                            3
2005 S-3
4                                         Ortonville - Land Usage


         Administration and Enforcement                 as referred to herein, where it shall be known as “this
                                                        chapter.”
    150.135   Zoning Administrator
    150.136   Building permits                                (B) (1) The intent of this chapter is to protect
    150.137   Fees                                      the public health, safety and general welfare of the
    150.138   Amendments; conditional use permits       city and its people through the establishment of
    150.139   Variances and appeals                     minimum regulations governing land development
    150.140   Environmental Review Program              and use. This chapter shall divide the city into use
                                                        districts and establish regulations in regard to
        Heritage Preservation Commission                location, erection, construction, reconstruction,
                                                        alteration and use of structures and land.
    150.150 Declaration of public policy and
            purpose                                                (2) The regulations are established to
    150.151 Definition                                  provide adequate light, air and convenience of access
    150.152 Heritage Preservation Commission            to property; to prevent congestion in the public right-
            established                                 of-way; to prevent overcrowding of land and undue
    150.153 Designation of heritage preservation        concentration of structures by regulating land,
            sites                                       buildings, yards and density of population; to provide
    150.154 Additional powers and duties of the         for compatibility of different land uses; to provide for
            Commission                                  administration of the chapter; to provide for
    150.155 Review of permits                           amendments; to prescribe penalties for violation of
    150.156 Findings                                    the regulations; to define powers and duties of the
    150.157 Limitations                                 city staff, the Board of Adjustment and Appeals, the
    150.158 Emergency repair                            Planning Commission and the City Council in
    150.159 Appeal to the City Council                  relation to this chapter.
    150.160 Repository for documents
    150.161 Recording of heritage preservation               (C) It is the policy of the city that the
            sites                                       enforcement, amendment and administration of this
    150.162 Penalty                                     chapter be accomplished with due consideration of
    Appendix A: Parking Area Standards                  the recommendations contained in the city’s
    Appendix B: Parking and Loading Spaces              comprehensive plan as the policy for responsibility to
                                                        regulate land use and development in accordance
                                                        with the policies herein set forth.

              GENERAL PROVISIONS                             (D) It is the policy of the city that the
                                                        enforcement, amendment and administration of this
                                                        chapter be accomplished with due consideration of
§ 150.001 TITLE; APPLICATION.                           the county’s comprehensive local water plan that
                                                        establishes goals, objectives and actions for
    (A) This chapter shall be known as the “Zoning      protection, management and development of water
Chapter of the City of Ortonville, Minnesota,” except   resources and related land resources in Big Stone
                                                        County.
2005 S-3
                                                         Zoning                                                    5


     (E) It is the policy of the city that the use of any
shoreland of public waters; the size and shape of lots;      owner the right to apply for a conditional use permit
the use size, type and location of structures on lots;       or variance.
the installation and maintenance of water supply and
waste treatment systems; the grading and filling of                (K) Whenever in any zoning district a use is
any shoreland area; the cutting of shoreland                 neither specifically permitted nor denied, the use shall
vegetation; and the subdivision of land shall be             be considered prohibited. In such case, the City
accomplished in full compliance with the terms of the        Council or the Planning Commission, on their own
shoreland management chapter.                                initiative or upon request may conduct a study to
                                                             determine if the use is acceptable and if so what
      (F) Where the conditions imposed by any                zoning district would be most appropriate and the
provisions of this chapter are either more or less           determination as to conditions and standards relating
restrictive than comparable conditions imposed by            to development of the use. The City Council,
other ordinances, rules or regulations of the city, the      Planning Commission or property owner, shall, if
ordinance, rule or regulation which imposes the more         appropriate, initiate an amendment to this chapter to
restrictive condition standard or requirements shall         provide for the particular use under consideration or
prevail. In the event of any conflict between this           shall find that the use is not compatible for
chapter with any private restrictions, protections and       development within the city.
covenants, the provisions of this chapter shall apply.
                                                                  (L) The language set forth in the text of this
     (G) In their interpretation and application, the        chapter shall be interpreted in accordance with the
provisions of this chapter shall be held to the              following rules of construction:
minimum requirements for the promotion of the
public health, safety and welfare.                                     (1) The singular number includes the
                                                             plural, and the plural the singular;
     (H) No structure shall be erected, moved,
converted, enlarged, reconstructed or altered, and no                  (2) The present tense includes the past and
structure or land shall be used for any purpose nor in       the future tenses, and the future the present;
any manner which is not in conformity with the
provisions of this chapter.                                           (3) The word “shall” is mandatory, while
                                                             the word “may” is permissive;
     (I) Except as herein provided, no building,
structure or premises shall hereafter be used or                      (4) The masculine gender includes the
occupied and no building permit shall be granted that        feminine and neuter; and
does not conform to the requirements of this chapter
and the State Building Code as adopted in § 155.01.                   (5) The words “used” or “occupied” shall
                                                             include within their meaning “intended, arranged or
    (J) Nothing within this chapter shall be                 designed to be used or occupied.”
construed so as to deny and prohibit the property            (Ord. 96-603, passed 7-15-1996)
2005 S-3

6                                            Ortonville - Land Usage


§ 150.002 DEFINITIONS.                                          ARTIFICIAL OBSTRUCTION. Any
                                                           obstruction which is not a natural obstruction.
     For the purpose of this chapter, the following
definitions shall apply unless the context clearly              AUTOMOTIVE REPAIR, MAJOR. An
indicates or requires a different meaning.                 establishment primarily engaged in the repair or
                                                           maintenance of motor vehicles, trailers and similar
     ACCESSORY BUILDING. An incidental                     large mechanical equipment, including paint, body
subordinate building customarily incidental to and         and fender and major engine and engine part
located on the same lot occupied by the main use or        overhaul, provided it is conducted within a
building, such as a detached garage.                       completely enclosed building.

       ACCESSORY USE. A use conducted on the                    AUTOMOTIVE REPAIR, MINOR. An
same lot as the primary use of the structure to which      establishment primarily engaged in the repair or
it is related; a use which is clearly incidental to, and   maintenance of motor vehicles, trailers and similar
customarily found in connection with, the primary          mechanical equipment, including brake, muffler,
use.                                                       upholstery work, tire repair and change, lubrication,
       AGRICULTURAL USES. Those uses                       time ups and transmission work, provided it is
commonly associated with the growing of produce on         conducted within a completely enclosed building.
farms. These include: field crop farming; pasture for
hay; fruit growing; tree, plant, shrub or flower                AUTOMOBILE SALES AREA. An open area,
nursery without building; truck gardening; roadside        other than a street, used for the display, sale or rental
stand for sale in season; and livestock raising and        of new or used automobiles, traders or trucks, where
feeding; but not including fur farms, and commercial       no repair work is done except minor, incidental repair
animal feed lots.                                          to vehicle for display. Vehicles must be capable of
                                                           operation under their own power at all times.
     ALLEY. Any public way or thoroughfare which
has been dedicated or deeded to the public for public           AUTOMOTIVE SERVICE STATION. The
use.                                                       portion of property where flammable or combustible
                                                           liquids or gases used as fuel are stored and dispersed
    ALTERATION. Any change, addition or                    from fixed equipment into the fuel tanks of motor
modification in construction, occupancy or use.            vehicles. Accessory activities may include
                                                           automotive repair and maintenance, car wash service
     AMENDMENT. A change in the wording or                 and food sales.
substance of this chapter or a change in the
boundaries or classifications upon the official zoning          BASEMENT. Any floor level below the first
map.                                                       story in a building, except that a floor level in a
                                                           building having only one floor level shall be
     APARTMENT HOUSE. Any building or                      classified as a BASEMENT unless the floor level
portion thereof which contains three or more dwelling      qualifies as a first story, as defined herein.
units and, for the purpose of this code, includes
residential condominiums.
2005 S-3
                                                       Zoning                                                       7


     BED AND BREAKFAST FACILITY. A                               BUILDING LINE. The perimeter of that
limited commercial activity, occurring within any          portion of a building or structure nearest a property
zone, conducted within a structure, which includes         line, but excluding open steps, terraces, cornices and
dining and bathroom facilities with sleeping rooms         other ornamental features projecting from the walls of
for short-term guest lodging and for compensation.         the building or structure.

     BOARDING HOUSE. A dwelling containing a                    BUILDING SETBACK. The minimum
single dwelling unit and not more than ten guest           horizontal distance between the building and the
rooms or suites of rooms, where lodging is provided        specified lot line as prescribed in this chapter.
with or without meals, for compensation for more
than one week.                                                  BUSINESS. Any establishment, occupation,
                                                           employment or enterprise where merchandise is
     BOATHOUSE. A structure used solely for the            manufactured, exhibited or sold, or where services
storage of boats or boating equipment.                     are offered for compensation.

    BUILDING. Any structure used or intended for                CAMPGROUND. An area accessible by vehicle
supporting or sheltering any use or occupancy.             and containing campsites or camping spurs for tent
                                                           and trailer camping.
         (1) MAIN BUILDING. A building in
which the principal use of the site is conducted.               CELLAR. Any floor level below the first story
                                                           in a building, except that a floor level in a building
            (2) TEMPORARY BUILDING. A                      having only one floor level shall be classified as a
building used temporarily for the storage for              CELLAR unless the floor level qualifies as a first
construction materials and equipment incidental and        story, as defined herein.
necessary to on-site permitted construction of
utilities, or other community facilities, or used               CHURCH. A building, together with its
temporarily in conjunction with the sale of property       accessory buildings and uses, where persons regularly
within a subdivision under construction.                   assemble for religious worship and which building,
                                                           together with its accessory buildings and uses, is
    BUILDABLE AREA. The portion of a lot                   maintained and controlled by a religious body
remaining after required yards have been provided.         organized to sustain public worship.

      BUILDING HEIGHT. The vertical distance to                 CLUB or LODGE. A non-profit association of
be measured from the mean ground level to the top of       persons who are bonafide members paying annual
a flat roof, to the mean distance of the highest gable     dues, use of premises being restricted to the serving
on pitched or hip roof, to the deckline of a mansard       of food and meals on the premises providing adequate
roof, to the uppermost point on other roof types.          dining room space and kitchen facilities are available.
8                                            Ortonville - Land Usage


Serving of alcoholic beverages to members and their       to a proposed use or conditions surrounding it after
guests shall be allowed, providing the serving is         consideration of adjacent uses and their functions and
secondary and incidental to the operation of the          the special problems which the proposed use presents.
dining room for the purpose of serving food and
meals and providing further that the serving of                CONDOMINIUM. A multiple dwelling
alcoholic beverages is in compliance with the             containing individually owned dwelling units and
applicable federal, state and municipal laws.             jointly owned and shared areas and facilities, which
                                                          dwelling is subject to the provisions of the Minnesota
     COMMERCIAL AGRICULTURAL. The use                     Condominium Law, M.S. §§ 515.01 to 515.19, as
of land for the growing and/or production of field        amended.
crops, livestock and livestock products.
                                                               CONGREGATE RESIDENCE. Any building
     COMMERCIAL RECREATION. Bowling                       or portion thereof which contains facilities for living,
alley, cart track, golf, pool hall, vehicle racing or     sleeping and sanitation as required by this code, and
amusement, dance hall, skating, trampoline, tavern,       may include facilities for eating and cooking, for
theater, firearms range, boat rental, amusement rides,    occupancy by other than a family. A
campgrounds, deer park and similar uses for which         CONGREGATE RESIDENCE may be a shelter,
fees are charged for admission or use of the facility.    convent, monastery, dormitory, fraternity or sorority
                                                          house but does not include jails, hospitals, nursing
     COMMERCIAL USES. All permitted,                      homes, hotels or lodging houses.
conditional and accessory uses allowed in the B-1, B-
2 and B-3 districts.                                           CONVALESCENT CENTER. A facility which
                                                          is publicly or privately operated and intended for
     COMPREHENSIVE PLAN. The declaration of               long-term patient care due to human illness or
purposes, policies and programs for the development       infirmity, including the elderly and developmentally
of the jurisdiction. Also called the “general plan.”      disabled, normally employing the services of skilled
                                                          and licensed practitioners, excluding hospitals.
     CONDITIONAL USE. A use, which because of
special problems of control requires reasonable, but           COURT. A space, open and unobstructed to the
special, unusual and extraordinary limitations            sky, located at or above grade level on a lot and
peculiar to the use for the protection of the public      bounded on three or more sides by walls of a
welfare and the integrity of the city’s comprehensive     building.
plan.
                                                              COVERAGE. Lot covered by principal and
     CONDITIONAL USE PERMIT. A permit                     accessory use structures.
issued by the Council in accordance with procedures
specified in this chapter, as well as its compatibility        DAY CARE; GROUP NURSERY. A service
with the city’s comprehensive plan, as a flexibility      provided to the public, in which children of school or
device to enable the City Council to assign               pre-school age are cared for during established
dimensions
                                                                                                      Zoning 9


business hours as set forth in M.S. §§ 245A.01 to                 (2) DWELLING, MULTIPLE-UNIT. A
245A.18 as they may be amended from time to time.       building or portion thereof designed for occupancy by
                                                        three or more families living independently in which
     DENSITY. The number of dwelling units which        they may or may not share common entrances and/or
are allowed on an area of land, which area of land      other spaces. Individual dwelling units may be
may include dedicated streets contained within the      owned as condominiums, or offered for rent.
development.
                                                                   (3) DWELLING, SINGLE-FAMILY. A
     DEPARTMENT STORE. A business which is              detached dwelling unit designed for occupancy of one
conducted under a single owner’s name wherein a         family. A manufactured home shall be considered to
variety of unrelated merchandise and services are       be a dwelling if attached to a permanent foundation
housed, enclosed and are exhibited and sold directly    and if it meets the building size and architectural
to the customer for whom the goods and services are     requirements of code § 150.074.
furnished.
                                                             EASEMENT. The portion of a lot or lots
     DISTRICT. A section or sections of the city for    reserved for present or future use by a person or
which the regulations and provisions governing the      agency other than the legal fee owner(s) of the
use of buildings and lands are uniform for each class   property. The EASEMENT may be for use under, on
of use permitted therein.                               or above the lot or lots.

     DRIVE-IN ESTABLISHMENT. An                               ESSENTIAL SERVICES. Underground or
establishment which accommodates the patron’s           overhead gas, electrical, steam or water distribution
automobile from which products purchased from the       systems; collection, communication, supply or
establishment may be consumed.                          disposal system including poles, wires, mains, drains,
                                                        sewer, pipes, conduits, cables, fire alarm boxes,
     DRIVEWAY. A private access road, the use of        traffic signals, hydrants or the similar equipment and
which is limited to persons residing, employed or       accessories in conjunction therewith.
using or visiting the parcel in which it is located.
                                                             FAMILY. An individual or two or more persons
     DWELLING UNIT. Any building or portion             related by blood, marriage or adoption or a group of
thereof which contains living facilities, including     not more than five unrelated persons living together
provisions for sleeping, eating, cooking and            as a single housekeeping unit.
sanitation, for not more than one family.
                                                              FARM. A tract of land ten or more acres which
          (1) DWELLING, DUPLEX. A building              is principally used for commercial agriculture, all of
designed or arranged to be occupied by two families     which is owned and operated by a single family, farm
living independently, the structure having only two     corporation, individual or corporation.
dwelling units.
10                                           Ortonville - Land Usage


     FARM ANIMALS. Animals other than                            GRADE; ADJACENT GROUND
household pets that may, where permitted, be kept          ELEVATION. The lowest point of elevation of the
and maintained for commercial production and sale          finished surface of the ground, paving or sidewalk
and/or family food production, education or                within the area between the building and the property
recreation. FARM ANIMALS are identified by these           line, or when the property line is more than five feet
categories: large animals, such as horses and cattle;      from the building, between the building and a line
medium animals, such as sheep, goats; or small             five feet from the building.
animals, such as rabbits, chinchilla, chickens, turkeys,
pheasants, geese, ducks and pigeons.                           GRADING. Changing the natural or existing
                                                           topography of land.
     FARM DWELLING. A single-family dwelling
located on a farm which is used or intended for use             GREENBELT. A planned barrier consisting of
by the farm’s owner, a relative of the owner, or a         dense vegetation used for the purpose of separation
person employed thereon.                                   and screening of land uses.

     FENCE. A barrier forming a boundary to, or                 GREENHOUSE. A building with a roof and
enclosing some area.                                       walls of glass often heated and used for growing
                                                           flowers and plants that need warmth.
     FLOOR AREA. The sum of the gross
horizontal area of the several floors of the building,          GROWTH MANAGEMENT SYSTEMS. The
measured from the exterior faces of the exterior           goals, policies, programs, ordinances and regulations
walls.                                                     used to guide the city’s growth and development.

     GARAGE, PRIVATE. An accessory building or                 GUEST ROOM. A room occupied by one or
accessory portion of the principal building which is       more guests for compensation and in which no
intended for and used to store the private passenger       provision is made for cooking, but not including
vehicles of the occupants at the building to which it is   rooms in a dormitory for sleeping purposes primarily.
accessory.
                                                                HABITABLE SPACE; ROOM. Space in a
      GARAGE, PUBLIC. A building or portion of a           structure for living, sleeping, eating or cooking.
building, except as herein defined as a private garage     Bathrooms, toilet compartments, closets, halls,
or as a repair garage, used for the storage of motor       storage or utility space, and similar areas, are not
vehicles, or where any vehicles are kept for               considered HABITABLE SPACE.
remuneration or hire and which any sale of gasoline,
oil and accessories is only incidental to the principal         HOME OCCUPATION. Any occupation or
traffic.                                                   profession carried on by a member of the family
                                                           residing on the premises, provided that the use is
    GOVERNING BODY. Shall be the City                      clearly incidental and secondary to the use of the
Council.                                                   dwelling for dwelling purposes and does not change
                                                           the character of the dwelling.
                                                                                                             Zoning 11


     HOSPITAL. An institution designed for the                   LOT, INTERIOR. A lot other than a corner lot.
diagnosis, treatment and care of human illness or
infirmity and providing health services, primarily for           LOT, IRREGULAR. A lot whose opposing
inpatients, and including as related facilities,            property lines are generally not parallel, such as a pie-
laboratories, outpatient departments, training facilities   shaped lot on a cul-de-sac, or where the side property
and staff offices, but not including clinics or health-     lines are not parallel to each other.
care centers.
                                                                 LOT LINE. A property boundary line of any lot
     HOUSEHOLD PETS. Dogs, cats, rabbits,                   held in single or separated ownership, except that
birds, for family use only (non-commercial) with            where any portion of the lot extends into the abutting
cages, pens, and the like.                                  street or alley right-of-way.

     INDUSTRIAL USE. All permitted, conditional                  LOT OF RECORD. A parcel of land, whether
and accessory uses allowed in the I-1 and I-2 districts.    subdivided or otherwise legally described of record as
                                                            of the effective date of this chapter, or approved by
      LOT. Land occupied or to be occupied by one           the city as a lot subsequent to the date and which is
principal building or use and its accessory buildings,      occupied by or intended for occupancy by one
together with open spaces as are required under the         principal building or principal use together with any
provisions of this chapter, having not less than the        accessory buildings and such open spaces as required
minimum area required by this chapter for a building        by this chapter and having its principal frontage on a
site in the district in which the LOT is situated and       street, or a proposed street approved by the Council.
having its principal frontage on a street, or a proposed
street approved by the Council.                                  LOT, THROUGH. A lot fronting on two
                                                            parallel streets.
     LOT AREA. The area of a horizontal plane
within the lot lines.                                            LOT, REAR. A lot line opposite and most
                                                            distant from the front lot line and, in the case of a
     LOT, CORNER. A lot abutting on two                     triangular or gore-shaped lot, a line ten feet in length
intersecting or intercepting streets, where the interior    within the lot, parallel to and at a maximum distance
angle of intersection or interception does not exceed       from the front lot line.
135 degrees.
                                                                 LOT WIDTH. The mean horizontal distance
    LOT DEPTH. The mean horizontal distance                 between the side lot lines measured at right angles to
measured between the front and rear lot lines.              the lot depth.

     LOT FRONTAGE. In the case of an interior lot,               MANUFACTURED HOME. A dwelling as
the front of a lot shall be that boundary abutting a        defined by M.S. § 327.31, subd. 6, as it may be
public right-of-way; in the case of a corner lot, the       amended from time to time, and which is constructed
front of a lot shall be that boundary having the least      in compliance with the Manufactured Home Building
frontage on a public right-of-way.                          Code established by M.S. §§ 327.312 and 327.32, as
                                                            they may be amended from time to time.
12                                            Ortonville - Land Usage


      MANUFACTURED HOME PARK. Any site,                          MOTEL or HOTEL. Any building containing
lot, field or tract of land upon which two or more          six or more guest rooms intended or designed to be
occupied manufactured homes are located and                 used, or which are used, rented or hired out to be
includes any building, structure, tent, vehicle or          occupied, or which are occupied for sleeping
enclosure used or intended for use as part of the           purposes by guests.
equipment of the MANUFACTURED HOME
PARK. MANUFACTURED HOME PARKS shall                              MORTUARY or FUNERAL HOME. An
be defined by M.S. § 317.14, subd. 3, as it may be          establishment in which the dead are prepared for
amended from time to time, and shall be a conditional       burial or cremation. The facility may include a
use in all zoning districts which allow the                 chapel for the conduct of funeral services and spaces
construction or placement of a duplex or multiple unit      for funeral services and informal gatherings and/or
dwelling if the MANUFACTURED HOME PARK is                   display of funeral equipment.
licensed by the state under the provisions of M.S. §
327.15 and Minn. Rules, parts 4630.0200 to                       NONCONFORMING LOT. A lot whose width,
4630.2210, as they shall be amended from time to            area or other dimensions did not conform to the
time.                                                       regulations when this chapter became effective.

      MANUFACTURING, HEAVY. The manu-                            NURSING HOME or REST HOME. A
facture, compounding, processing, packaging,                building having accommodations where care is
treatment or assembly of products and materials that        provided for two or more invalids, infirmed, aged
may emit objectionable and offensive influences             convalescent or physically disabled persons that are
beyond the lot on which the use is located.                 not of the immediate family, but not including
Manufacturing activities associated with the I-1            hospitals, clinics, sanitariums or similar institutions
district.                                                   as defined by M.S. § 144.951, as amended.

     MANUFACTURING, LIGHT. All uses which                        OFF-STREET LOADING SPACE. A space
include the compounding, processing, packaging,             accessible from the street, alley or way, in a building
treatment or assembly of products and materials             or on the lot, for the use of trucks while loading or
provided such use will not generate offensive odors,        unloading merchandise or materials. The space shall
glare, smoke, dust, noise, vibration or other               be of a size as to accommodate one truck of the type
objectionable influences that extend beyond the lot on      typically used in the particular business.
which the use is located. Manufacturing activities
associated with the I-2 district.                                OPEN SALES LOT. Any open land used or
                                                            occupied for the purpose of buying, selling and/or
     MINING OPERATION. The removal from the                 renting merchandise and for the storing of same prior
land of stone, sand and gravel, coal, salt, iron, copper,   to sale.
nickel, granite, petroleum products or other material
for commercial, industrial or governmental purposes.
                                                                                                                Zoning 13


     OPEN SPACE. Land areas that are not                            PLANNED UNIT DEVELOPMENT or PUD.
occupied by buildings, structures, parking areas,             A residential or commercial development guided by a
streets, alleys or required yards. OPEN SPACE may             total design plan in which one or more of the zoning
be devoted to landscaping, preservation of natural            or subdivision regulations, other than use regulations,
features, patios, and recreational areas and facilities.      may be waived or varied to allow flexibility and
                                                              creativity in site and building design and location, in
     PARK. A public or private area of land, with or          accordance with general guidelines.
without buildings, intended for outdoor active or
passive recreational uses.                                        PLANNING COMMISSION. The planning
                                                              agency of the city, designated by the City Council.
      PARKING AREA, PUBLIC. A structure or an                 The PLANNING COMMISSION is created in §
open area, other than a public street or alley, designed      150.139(A) and shall also be the Board of
or used for the temporary parking of automobiles and          Adjustment and Appeals, and have all of the duties
available for public use, whether free, for                   provided for by M.S. §§ 462.351 to 362.365, as they
compensation, or as an accommodation for customers            may be amended from time to time.
or clients.
                                                                   PLOT PLAN. A plat of a lot, drawn to scale,
      PARKING SPACE, OFF-STREET. A space                      showing the actual measurements, the size and
located off any public right-of-way which is adequate         location of any existing buildings or buildings to be
in size for parking of any automobile with room to            erected, the location of the lot in relation to abutting
get out on either side of the vehicles, with adequate         streets, and other information.
maneuvering space, and with access to a public street
or alley.                                                           PROFESSION. An occupation or calling
                                                              requiring the practice of an art or science through
      PERMITTED USE. A use which may be                       specialized knowledge based on a degree issued by an
lawfully established in a particular district or districts,   institution of higher learning.
provided it conforms with all requirements,
regulations and performance standards (if any) of the              PUBLIC IMPROVEMENT. Work within
districts.                                                    dedicated rights-of-way or easements.

     PERSON. An individual, firm, partnership,                      PUBLIC SERVICES. Uses operated by a unit
association, corporation, organization or trust of any        of government to serve public needs, such as police
kind.                                                         (with or without jail), fire service, ambulance, judicial
                                                              court or government offices, but not including public
     PERSONAL SERVICE. A business which is                    utility stations or maintenance facilities.
neither the practice of a profession nor dealing
primarily with the sale of products as stock-in-trade              PUBLIC USES. Uses owned or operated by
on the premises.                                              municipalities, school districts, counties, states or
                                                              other governmental units.
14                                            Ortonville - Land Usage


     PUBLIC WAY. Any street, alley or similar                   RESTAURANT. An establishment which
parcel of land essentially unobstructed from the            provides food for on-premises consumption.
ground to the sky which is deeded, dedicated or
permanently appropriated to the public for public use.          RESTAURANT, DRIVE-IN. A restaurant
                                                            which serves food to customers seated in vehicles.
      RECREATION, INDOOR. An establishment
providing completely enclosed recreation activities.             SALVAGE YARD. Any location whose primary
Accessory uses may include the preparation and              use is where waste or scrap materials are stored,
serving of food and beverages and/or the sale of            bought, sold, accumulated, exchanged, packaged,
equipment related to the enclosed uses. Included in         disassembled or handled, including, but not limited to
this definition shall be bowling, roller skating or ice     materials such as scrap metals, paper, rags, tires and
skating, billiards, pool, motion picture theaters, and      bottles.
related amusements.
                                                                SCREENED. Concealed or cut off from visual
     RECREATION, OUTDOOR. An area free of                   access.
buildings except for restrooms, dressing rooms,
equipment storage, maintenance buildings, open-air               SELECTIVE CUTTING. The removal of
pavilions, and similar structures, used primarily for       single scattered trees.
recreational activities.
                                                                SETBACK. The minimum required distance
      RECREATIONAL VEHICLE. A vehicular                     between the property line and the building line.
unit, other than a mobile home, whose gross floor
area is less than 320 square feet, which is designed as           SEWAGE DISPOSAL SYSTEM. Any system
a temporary dwelling for travel, recreational and           for the collection, treatment and dispersion of
vacation use, and which is either self-propelled,           sewage, including but not limited to septic tanks, soil
mounted on or pulled by another vehicle. Examples           absorption systems, and drain fields.
include, but are not limited to a travel trailer, camping
trailer, truck camper, motor home, fifth-wheel trailer           SHOPPING CENTER. An integrated grouping
or van.                                                     of commercial stores, under single ownership or
                                                            control.
     RELIGIOUS, CULTURAL AND
FRATERNAL ACTIVITY. A use or building owned                      SIGN. An advertising message, announcement,
or maintained by organized religious organizations or       declaration, demonstration, display, illustration,
nonprofit associations for social, civic or                 insignia, surface or space erected or maintained in
philanthropic purposes, or the purpose for which            view of the observer thereof for identification,
persons regularly assemble for worship.                     advertisement or promotion of the interests of any
                                                            person, entity, product or service, including the sign
     RENOVATION. Interior or exterior remodeling            structure, supports, lighting system and any
of a structure, other than ordinary repair.                 attachments, ornaments or other features used to draw
                                                            the attention of observers.
                                                                                                         Zoning 15


    SITE PLAN. A plan which outlines the use and         parts joined together in some definite manner whether
development of any tract of land.                        temporary or permanent in character, including decks
                                                         and signs, but not including fences or free standing
    SLOPE. The degree of deviation of a surface          walls less than six feet high.
from the horizontal, expressed in percent or degrees.
                                                              SUBDIVISION. The division of a tract, lot or
     STORY. That portion of a building included          parcel of land into two or more lots, plats, sites or
between the upper surface of any floor and upper         other divisions of land.
surface of floor next above, except that the topmost
story shall be that portion of a building, included           SWIMMING POOL. Any structure intended for
between the upper surface of the topmost floor and       swimming or recreational bathing that contains water
the ceiling or roof above. If the finished floor level   over 24 inches deep. This includes in-ground, above-
directly above a basement or cellar, or unused           ground and on-ground swimming pools, hot tubs and
underfloor space is more than six feet above grade, as   spas.
defined herein, for more than 50% of the total
perimeter or is more than 12 feet above grade, as             TOWNHOUSES. Structures housing two or
defined herein, at any point, the basement, cellar or    more dwelling units of not more than two stories each
unused under-floor space shall be considered as a        and contiguous to each other only by sharing one
STORY.                                                   common wall, the structures to be of the town or row
                                                         houses type as contrasted to multiple dwelling
      STREET. Any thoroughfare or public way not         apartment structures. No single structure shall
less than 16 feet in width which has been dedicated or   contain in excess of eight dwelling units and each
deeded to the public for public use.                     dwelling unit shall have separate and individual front
                                                         and rear entrances.
     STREET FRONTAGE. The proximity of a
parcel of land to one or more streets. An interior lot        TRAILER. A movable vehicle with wheels
has one STREET FRONTAGE and a corner lot has             designed or used as living and sleeping quarters or for
two frontages.                                           business purposes, and such vehicles that have had
                                                         the wheels removed and been placed on a foundation.
     STREET, PRIVATE. A right-of-way or                  This definition includes trailer coaches, trailer houses
easement in private ownership, not dedicated or          and manufactured homes.
maintained as a public street, which affords the
principal means of access to two or more sites.               USE. The activity occurring on a lot or parcel
                                                         for which land or a building is arranged, designed or
     STRUCTURE. Anything which is built,                 intended, or for which land or a building is or may be
constructed or erected on the ground or attached to      occupied, including all accessory uses.
the ground; an edifice or building of any kind; or any
piece of work artificially built up and/or composed of        USE, CHANGE OF. The change within the
                                                         classified use of a structure or premise.
16                                          Ortonville - Land Usage


     USE, NONCONFORMING. A use which                      VARIANCE, if granted, will not alter the essential
lawfully occupied a building or land at the time this     character of the locality. Economic considerations
code became effective, which has been lawfully            alone shall not constitute an undue hardship if
continued and which does not now conform with the         reasonable use for the property exists under the terms
use regulations.                                          of the ordinance. Undue hardship also includes, but
                                                          is not limited to, inadequate access to direct sunlight
     USE, TEMPORARY. A use that is authorized             for solar energy systems. VARIANCES shall be
by this code to be conducted for a fixed period of        granted for earth sheltered construction as defined in
time. TEMPORARY USES are characterized by the             M.S. § 216C.06, subd. 2, as it may be amended from
activities as the sale of agricultural products,          time to time, when in harmony with the ordinance. A
contractors’ offices and equipment sheds, fireworks,      VARIANCE may not permit any use that is not
carnivals, flea markets and garage sales.                 permitted under this code for property in the zone
                                                          where the affected person’s land is located. A
     USEABLE OPEN SPACE. A required ground                VARIANCE may be granted for the temporary use of
area or terrace area on a lot which is graded,            a one-family dwelling as a two-family dwelling.
developed, landscaped and equipped and intended           Conditions may be imposed in the granting of
and maintained for either active or passive recreation    VARIANCES to insure compliance and to protect
or both, available and accessible to and useable by all   adjacent properties.
persons occupying a dwelling unit or rooming unit on
the lot and their guests. The areas shall be grassed            WAREHOUSE, WHOLESALE OR
and landscaped or covered only for a recreation           STORAGE. A building or premises in which goods,
purpose. Roofs, driveways and parking areas shall         merchandise or equipment are stored for eventual
not constitute USEABLE OPEN SPACE.                        distribution.

      VARIANCE. A variance from the literal                    WRECKING YARD. Any place where
provisions of the ordinance in instances where their      damaged, inoperable or obsolete machinery such as
strict enforcement would cause undue hardship             cars, trucks and trailers, or parts thereof, are stored,
because of circumstances unique to the individual         bought, sold, accumulated, exchanged, disassembled
property under construction. VARIANCES shall be           or handled.
granted only when it is demonstrated that the variance
will be in keeping with the spirit and intent of the           YARD. An open, unoccupied space on a lot,
ordinance. “Undue hardship” as used in connection         other than a court, which is unobstructed from the
with the granting of a VARIANCE means the                 ground upward by buildings or structures except as
property in question cannot be put to a reasonable use    otherwise provided in this code.
if used under conditions allowed by the official
controls, the plight of the landowner is due to                      (1) FRONT YARD. A yard extending
circumstances unique to the property not created by       across the full width of the lot, the depth of which is
the landowner, and the                                    the minimum horizontal distance between the front
                                                          lot line and a line parallel thereto.
                                                                                                             Zoning 17


           (2) REAR YARD. A yard extending                         (B) The location and boundaries of the districts
across the full width of the lot, the depth of which is       established by this chapter are hereby set forth on the
the minimum horizontal distance between the rear lot          zoning maps entitled “Zoning Map,” a copy of which
line or ordinary high water line parallel thereto.            is on file with the City Clerk/Administrator. The
                                                              maps and all of the notations, references and other
          (3) SIDE YARD. An open, unoccupied                  information shown thereon shall have the same force
space on the same lot with the building and between           and effect as if fully set forth herein and thereby
the building line and the side lot line, or to the            made a part of this chapter by reference.
ordinary high water line.                                     (Ord. 96-603, passed 7-15-1996)

      ZONING MAP. The maps or map incorporated
into this chapter as part thereof, and as amended,            § 150.004 ANNEXATIONS AND
designating the zoning district.                              DETACHMENTS.
(Ord. 96-603, passed 7-15-1996)
                                                                   In the event of changes in the city limits
                                                              removing territory from the city, district boundaries
§ 150.003 ESTABLISHMENT OF DISTRICTS;                         shall be constructed as moving with city limits. In
OFFICIAL MAP.                                                 the event of annexation of new areas to the city, the
                                                              areas shall be considered to be in the A-O district
     (A) The following zoning districts are hereby            until otherwise classified.
established within the city:                                  (Ord. 96-603, passed 7-15-1996)
                                                              Cross-reference:
            (1) A-O, agricultural - open space district;           Annexations, see T.S.O. I

            (2) R-1, low density residential district;
                                                              § 150.005 ZONING DISTRICT BOUNDARIES.
            (3) R-2,     medium      density    residential
district;                                                          (A) Boundaries indicated as approximately
                                                              following the center lines of streets, highways, alleys
            (4) R-3, manufactured home park district;         or railroad lines shall be construed to follow the
                                                              center lines.
            (5) B-1, central business district;
                                                                   (B) Boundaries indicated as approximately
            (6) B-2, general business district;               following plotted lot lines shall be construed as
                                                              following the lot lines.
            (7) B-3, highway business district;
                                                                   (C) Boundaries indicated as following shore
            (8) I-1, limited industrial district; and         lines shall be construed to follow the shore lines, and
                                                              in the event of change in shore line shall be construed
            (9) I-2, general industrial district.             as
18                                            Ortonville - Land Usage


moving with the actual shore line; boundaries                          (2) No buildings or other structure shall
indicated as approximately following the center lines       hereafter be erected or altered to exceed the height or
of streams, rivers, lakes or other bodies of water shall    bulk, to accommodate or house a greater number of
be construed to following the center lines.                 families, to occupy a greater percentage of lot area, to
                                                            have narrower or smaller rear, front or side yards, or
     (D) Boundaries indicated as approximately              other open spaces than herein required; or in any
following the city limits shall be construed as             other manner contrary to the provision of this chapter.
following the city limits.
                                                                     (3) No yard or lot existing at the time of
     (E) Where a district boundary line divides a lot       passage of this chapter shall be reduced in dimension
which was in a single ownership at the time of              or area below the minimum requirements set forth
passage of this chapter, the extension of the               herein. Yards or lots created after the effective date
regulations for either portion of the lot may be            of this chapter shall meet at least the minimum
interpreted by the Planning Commission upon request         requirements established by this chapter.
of the owner.
                                                                 (B) Except as referred to herein, any use
     (F) The exact location of all district boundaries      permitted in this chapter shall meet the minimum area
shall be interpreted by the Planning Commission,            setbacks, density and maximum height prescribed.
subject to appeal as provided in § 150.140.                 (Ord. 96-603, passed 7-15-1996)
(Ord. 96-603, passed 7-15-1996)

                                                            § 150.021 A-O, AGRICULTURE - OPEN
                                                            SPACE.
            DISTRICT REGULATIONS
                                                                  (A) Purpose. The Agricultural - Open Space
                                                            District is intended to provide a district which will
§ 150.020 CONFORMANCE; REGULATIONS.                         allow suitable areas of the city to be retained and
                                                            utilized in open space and/or agricultural uses,
      (A) The regulations of this chapter within each       prevent, scattered non-farm uses from developing
district shall be minimum regulations, and shall apply      improperly, promote orderly development and secure
uniformly to each class or kind of structure or land,       economy in government expenditures for public
except as hereinafter provided.                             utilities and service.

           (1) No building, structure or land shall              (B) Special requirements. Agricultural uses are
hereafter be used or occupied, and no building              subject to Minnesota Pollution Control Standards.
structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved or structurally               (C) Permitted      uses.     The    following   are
altered except in conformity with all of the                permitted uses:
regulations herein specified for the district in which it
is located.
                                                                                                        Zoning 19


          (1) Agricultural activities and farmsteads,            (1) Operation and storage of vehicles,
but not including commercial feed lots;                 equipment and machinery which are incidental to
                                                        permitted or conditional uses allowed in this district;
          (2) Golf courses, clubs, tennis courts,
swimming pools and additional public and private                  (2) Living quarters of persons employed
recreational uses, all non-commercial;                  on the premises;

          (3) Roadside stands for the sale of                      (3) Home occupations, consistent with §
agricultural products;                                  150.075;

         (4) Greenhouses or nurseries; and                       (4) Fencing, screening and landscaping, as
                                                        permitted and regulated by § 150.049;
         (5) Parks.
                                                                   (5) Piers and docks; and
     (D) Conditional uses. The following uses may
be permitted:                                                      (6) Essential services.

         (1) Airports;                                       (F) Minimum lot size.

          (2) Radio and television transmitting and              (1) A lot area of more than one acre for
receiving stations and antennae;                        each farm or non-farm dwelling unit is required;

         (3) Public and private schools;                          (2) A lot width of not less than 150 feet is
                                                        required for each farm or non-farm dwelling unit;
         (4) Public and private cemeteries;
                                                                  (3) A lot depth of not less than 150 feet is
         (5) Commercial recreational facilities;        required; and

          (6) Churches, parish houses, convents,                 (4) No more than 10% of the lot area shall
child nurseries;                                        be occupied by buildings or structures.

           (7) Single-family dwellings on a site of          (G) Front, side and rear yard requirements.
not less than one acre; and
                                                                  (1) Front yard. A front yard of not less
          (8) Planned unit developments, as             than 35 feet is required.
regulated by § 150.030.
                                                                  (2) Side yard. Two side yards are
    (E) Accessory uses. The following are               required, each having a width of not less than 30 feet.
permitted accessory uses:                               Where a lot is located at the intersection of two or
20                                            Ortonville - Land Usage


more streets, the width of the yard along the side                    (4) Golf courses, country clubs, tennis
street shall not be less than 30 feet. A side yard of       courts, swimming pools and additional private and
not less than ten feet may be permitted for accessory       private-club recreational uses, all non-commercial;
buildings or structures when the buildings or
structures are located 100 feet from the front lot line.             (5) Public buildings and uses of the
                                                            following kinds: parks, playgrounds, libraries,
           (3) Rear yard. A rear yard of not less than      museums, community centers, public offices; and
20 feet is required. No accessory buildings shall be
less than ten feet from the rear lot line.                            (6) Churches, parish houses, convents,
                                                            child nurseries.
     (H) Maximum building heights. Building
heights shall not exceed 35 feet except for                      (D) Conditional uses. The following uses may
agricultural buildings.                                     be permitted:
(Ord. 96-603, passed 7-15-1996)
                                                                     (1) Apartments within existing single-
                                                            family dwellings;
§ 150.022 R-1, LOW DENSITY RESIDENTIAL.
                                                                       (2) Cemeteries, crematoriums, public
      (A) Purpose. The R-1, low density residential,        utility and public service uses, hospitals, sanitariums,
district is intended to establish an area of low density    homes for the aged and similar institutions and
residential uses consisting of one- and two-family          institutions of an educational, philanthropic or
dwellings and directly related complimentary uses.          charitable nature when required for the public health
                                                            and safety or welfare;
     (B) Special      requirements.        One-family
dwellings may be converted to one bedroom                             (3) Public and private schools;
apartments at the ratio of one for each 600 square feet
of floor area in each dwelling before conversion,                     (4) Automobile parking lots when
exclusive of basement, and shall be in accordance           required for off-street parking spaces for any use not
with the Minnesota Uniform Building Code.                   more than 300 feet distant therefrom;

    (C) Permitted      uses.      The    following    are            (5) Hospitals,      nursing     homes      and
permitted uses:                                             convalescent centers;

          (1) One-family dwelling;                                    (6) The extension of a use into a district
                                                            where it would otherwise be prohibited, in a case
          (2) Two-family dwelling, if on lots of the        where a district boundary line is so located that a lot
areas and widths as hereinafter required;                   is in more than one district;

          (3) Non-commercial gardening;
                                                                                                            Zoning 21


          (7) Outdoor furnaces or boilers of any size                      (b) The garage shall not be used for
or type when used in conjunction with the heating of        the storage of more than one commercial vehicle
adjacent interior spaces or the heating of domestic hot     owned for operated by a resident per dwelling unit;
water used within the spaces; all furnaces not
completely enclosed on all sides by the exterior                       (2) Recreation vehicles and equipment;
building envelope walls; and
                                                                     (3) Non-commercial greenhouses and
          (8) Planned unit developments, as                 conservatories;
regulated by § 150.030.
                                                                      (4) Swimming pools, tennis courts and
          (9) Private garages as the primary use of         other recreational facilities which are operated for the
subject property provided:                                  enjoyment and convenience of the residents of the
                                                            principal use and their guests;
               (a) Must be accessory use to an
existing conforming residential use in the city;                      (5) Tool houses, sheds and similar
                                                            buildings for storage of domestic supplies and non-
                 (b) Lot for garage must not be a           commercial recreational equipment;
buildable lot;
                                                                      (6) Boarding or renting of rooms within
              (c) Lot must be within 300 feet of            principal building to not exceed more than two
primary use lot;                                            persons;

              (d) Must be the only building on said                    (7) Essential services;
lot and must conform in architecture and appearance
to neighboring residential uses.                                     (8) Fencing, screening and landscaping as
                                                            permitted and regulated by § 150.049;
    (E) Accessory uses. The following are
permitted accessory uses:                                              (9) Piers and docks; and

           (1) Private garages, parking spaces and car                 (10) Home occupations consistent with §
ports for licensed and operable passenger cars and          150.075.
trucks not to exceed a gross capacity of 9,000 pounds,
as regulated by §§ 150.094 and 150.051:                          (F) Minimum lot size.

                (a) The uses are intended for the                     (1) A lot area of not less than 10,000
storage of passenger vehicles of the family or families     square feet is required for a single-family dwelling;
residing upon the premises, and in which no business        for two-family dwellings, 12,000 square feet is
service or industry is carried on. The space can be         required.
rented to non-residents of the property for private
passenger vehicles and/or non-commercial vehicles,                    (2) A lot on which a one- or two-family
trailers or equipment if sufficient off street parking in   dwelling is hereafter erected or moved shall have a
full compliance with this chapter is provided               minimum width of 80 feet at the front yard setback
elsewhere on the property;                                  line and a minimum depth of 100 feet. For all uses,
no more than 25% of the lot shall be occupied by            buildings or structures.
2002 S-1

22                                            Ortonville - Land Usage


     (G) Front, side and rear yard requirements.                      (1) Single-family dwellings if on lots of
                                                            the areas and widths as hereinafter required;
          (1) Front yards. A front yard of not less
than 25 feet is required.                                             (2) Two-family dwellings if on lots of the
                                                            areas and widths as hereinafter required;
           (2) Side yards. Two side yards are
required, each with a width of not less than ten feet.                (3) Non-commercial gardening;
Where a lot is located at the intersection of two or
more streets, the width of the yard along the side                    (4) Churches, parish houses, convents and
street shall not be less than 25 feet.                      child nurseries; and

           (3) Rear yards. A rear yard with a depth                  (5) Public buildings and uses of the
of not less than 20 feet is required. No accessory          following kinds: parks, playgrounds, libraries,
building shall be less than ten feet from the rear lot      museums, community centers, public offices.
line.
                                                                 (D) Conditional uses. The following uses may
     (H) Maximum building heights. Building                 be permitted:
heights shall not exceed 35 feet.
(Ord. 96-603, passed 7-15-1996; Am. Ord. 02-08,                      (1) Multiple-dwelling structure consistent
passed 12-16-2002)                                          with the surrounding land uses and in conformance
                                                            with the minimum lot dimensions and setback
                                                            requirements as hereinafter required;
§ 150.023 R-2, MEDIUM DENSITY
DWELLING.                                                              (2) Cemeteries, crematoriums, public
                                                            utility and public services uses, hospitals,
     (A) Purpose.         The R-2, medium density           sanitariums, homes for the aged and similar
residential district, is intended to establish an area of   institutions and institutions of an educational,
medium-density residential uses consisting of one-          philanthropic or charitable nature when required for
and two-family dwellings and multiple-unit                  the public health, safety or welfare;
dwellings.
                                                                      (3) Golf courses, country clubs, tennis
    (B) Special requirements. Conversion of any             courts, swimming pools and additional private and
dwelling shall be in accordance with the Minnesota          private-club recreational uses, all non-commercial;
Uniform Building Codes, especially in relationship to
minimum floor area required.                                          (4) Automobile parking lots when
                                                            required for off-street parking spaces for any use not
    (C) Permitted      uses.      The   following    are    more than
permitted uses:                                             300 feet distant therefrom;
2004 S-2
                                                          Zoning                                                    23


          (5) The extension of a use into a district          business service or industry is carried on. The space
where it would otherwise be prohibited, in a case             can be rented to non-residents of the property for
where a district boundary line is so located that a lot       private passenger vehicles and/or non-commercial
is in more than one district;                                 vehicles, trailers or equipment if sufficient off-street
                                                              parking in full compliance with this chapter is
          (6) Boarding and lodging houses;                    provide elsewhere on the property;

          (7) Outdoor furnaces or boilers of any size                        (b) The garage shall not be used for
or type when used in conjunction with the heating of          the storage of more than one commercial vehicle
adjacent interior spaces or the heating of domestic hot       owned or operated by a resident per dwelling unit;
water used within the spaces; includes all furnaces
not completely enclosed on all sides by the exterior                    (2) Recreational vehicles and equipment;
building enveloped walls; and
                                                                       (3) Non-commercial greenhouses and
          (8) Planned unit developments, as                   conservatories;
regulated by § 150.030.
                                                                        (4) Swimming pools, tennis courts and
          (9) Private garages as the primary use of           other recreational facilities which are operated for the
subject property provided:                                    enjoyment and convenience of the residents of the
                                                              principal use and their guests;
               (a) Must be accessory use to an
existing conforming residential use in the city;                        (5) Tool houses, sheds and similar
                                                              buildings for storage of domestic supplies and non-
                 (b) Lot for garage must not be a             commercial recreational equipment;
buildable lot;
                                                                        (6) Boarding or renting of rooms within
              (c) Lot must be within 300 feet of              principal building to not more than one person;
primary use lot;
                                                                        (7) Essential services;
              (d) Must be the only building on said
lot and must conform in architecture and appearance                    (8) Fencing, screening and landscaping as
to neighboring residential uses.                              permitted and regulated by § 150.049;

    (E) Accessory uses. The following are                               (9) Piers and docks; and
permitted accessory uses:
                                                                       (10) Home occupations, as in § 150.075.
           (1) Private garages, parking spaces and car
ports for licensed and operable passenger cars and                 (F) Minimum lot size.
trucks not to exceed a gross capacity of 9,000
pounds, as § 150.094:                                                    (1) A lot area of not less than 6,000 square
                                                              feet is required for single family dwelling and a
               (a) The uses are intended for the              minimum lot area of 7,200 square feet is required for
storage of private passenger vehicles of the family or        every two-family dwelling hereinafter erected,
families residing upon the premises, and in which no          enlarged or moved.
2002 S-1

24                                            Ortonville - Land Usage


          (2) A lot or plot of ground on which a one-                 (3) Rear yards. A rear yard with a depth
or two-family dwelling is hereinafter erected or            of not less than 15 feet is required.
moved shall have a minimum width of 50 feet at the
front yard setback line and a minimum depth of 100
feet.

          (3) Multiple-dwelling units having four or
less dwelling units must have a minimum lot area of
15,000 square feet. Not less than 1,500 square feet is
required for each additional dwelling unit over four.

          (4) A lot width of not less than 100 feet
and a lot depth of not less than 100 feet is required for
multi-family dwellings.

     (G) Front, side and rear yard requirements.

           (1) Front yards.

                (a) A front yard of not less than 25
feet is required.

               (b) For buildings exceeding 35 feet in
height, each front yard shall be an additional front
yard setback of one foot for each one foot that the
building exceeds the height of 35 feet.

           (2) Side yards.

              (a) Two-side yards are required, each
with a width of not less than ten feet.

               (b) For buildings exceeding 35 feet in
height, each side yard shall have one additional foot
for each one foot of building height over 35 feet.

                (c) Where a lot is located at the
intersection of two or more streets, the width of the
yard along the side street shall not be less than 25
feet.
     (H) Maximum building heights. Building
heights shall not exceed three stories or 45 feet.            (D) Accessory uses.         The    following      are
(Ord. 96-603, passed 7-15-1996; Am. Ord. 02-08,           permitted accessory uses:
passed 12-16-2002)
                                                                   (1) Off-street private parking facilities;

§ 150.024 R-3, MANUFACTURED HOME                                   (2) Recreational vehicles and equipment;
PARK.
                                                                    (3) Swimming pools, tennis courts and
     (A) Purpose.        The purpose of the R-3,          other recreational facilities;
manufactured home park district, is to provide for
manufactured home uses in an appropriate, safe,                     (4) Fencing, screening, and landscaping,
sanitary and attractive environment.                      as permitted and regulated by § 150.049;

     (B) Permitted uses. Manufactured homes in                      (5) Tool houses, sheds and similar storage
manufactured home parks are permitted uses within         buildings;
an R-3 district, and are conditional uses in R-1 and R-
2 districts.                                                        (6) Central offices and central community
                                                          buildings; and
     (C) Conditional uses. There are no conditional
uses in an R-3 district.




2004 S-2
                                                       Zoning                                                  25


           (7) Home occupations, consistent with §                        (d) Access to manufactured home
150.075.                                                   parks shall be enclosed except that the enclosure must
                                                           have access for inspection. Materials used for
     (E) District regulations.                             enclosure must be of a non-flammable nature.

           (1) General provisions.                                       (e) The area beneath a manufactured
                                                           home shall be enclosed except that the enclosure must
               (a) No manufactured home for                have access for inspection. Materials used for
residential purposes shall be permitted within any         enclosure must be of a non-flammable nature.
manufactured home park unless the manufactured
home park is or has been approved by the Minnesota                       (f) Where the manufactured home
Department of Administration, in accordance with           park is dependent:
M.S. §§ 327.14 through 327.34, as amended, and
licensed under the provisions of Minn. Rules parts                           1. It shall have an adequate
4630.0200 to 4630.2210 as they may be amended              central community building with the following
from time to time.                                         features:

               (b) Manufactured homes shall not be                                 a.   Laundry drying areas
used for residential purposes in the city if they:         and machines;

                   1. Do not conform to the                                        b.   Laundry washing
requirements of the Minnesota Vehicle Code;                machines;

                   2. Are in an unsanitary                                         c.   Showers; and
condition or have an exterior in bad repair;
                                                                                   d.   Public toilets and
                     3. Are structurally unsound and       lavatories.
do not protect the inhabitants against all elements; or
                                                                               2. The buildings shall have
                     4. Do not have adequate               central heating and be maintained in a safe, clean and
sewage facilities as required by the City Council in       sanitary condition.
accordance with regulations.
                                                                     (2) Site plan requirements. A site plan
               (c) No tents shall be used for other        shall be submitted to the Planning Commission and
than recreational purposes in a manufactured home          the City Council in accordance with procedures
park.                                                      outlined and information required within the
                                                           subdivision regulations.
26                                              Ortonville - Land Usage


          (3) Design standards.                                             (d) Utilities.

                (a) Site.                                                        1. All manufactured homes
                                                             shall be connected to a public water and sanitary
                     1. Each manufactured home               sewer system.
site for a single-wide home shall contain at least
4,000 square feet of land for the exclusive use of the                          2. All utility connections shall
occupant, with a width of no less than 40 feet and a         be as approved by the city.
depth of no less than 100 feet. A manufactured home
site for a double-wide home shall contain at least                               3. All utilities shall be
5,000 square feet of land for the exclusive use of the       underground; there shall be no overhead wires or
occupant, with a width of no less than 50 feet and a         supporting poles except those essential for street or
depth of no less than 100 feet.                              other lighting purposes.

                     2. Each manufactured home                                   4. The method of garbage,
site shall have frontage on an approved roadway and          waste and trash disposal must be approved by the
the corner of each manufactured home site shall be           city.
marked and each site shall be numbered.
                                                                                5. The park owner shall pay
                (b) Setbacks.                                any required sewer and water connection fees to the
                                                             city.
                      1. No unit shall be placed
closer than five feet to its side lot lines, not closer                     (e) Streets.
than 20 feet to its front lot line, or within ten feet of
its rear lot line.                                                              1. Streets shall be hard surfaced
                                                             as approved by the city.
                    2. No unit or building shall be
located within 30 feet of the exterior boundary of any                              2.   The minimum street widths
manufactured home park.                                      shall be:

                (c) Parking.                                 On-Street Parking           Traffic   Width (feet)

                     1. Each manufactured home               Parallel, one side           One-way           20
site shall have off-street parking space for two                                          Two-way           30
automobiles and these parking spaces shall be hard
surfaced.                                                    Parallel, both sides        One-way       26
                                                                                          Two-way           36
                   2. Access drives off roads to all
parking spaces and home sites shall be hard surfaced.                       (f) Buffer area. A greenbelt, at least
                                                             20 feet in width and 12 feet in height shall be located
                                                                                                         Zoning 27


along all boundaries of the manufactured home park,       area of the city. The B-1 district will provide for a
except where it is crossed by driveways, streets and      high-density shopping and business environment,
roads.                                                    especially stressing the pedestrian function and
                                                          interaction of people and businesses, rather than
               (g) Recreation. All manufactured           being heavily oriented toward the use of automobiles.
home parks shall have at least 10% of the land areas
developed for recreational use (tennis courts,                 (B) Special requirements. Every use, unless
children’s play equipment, swimming pool, golf            expressly exempted in this section or allowed by a
green, and the like) developed and maintained at the      conditional use permit, shall operate in its entirety
owner/operator’s expense.                                 within a completely enclosed structure; the exemption
                                                          of a use from the requirement of enclosure will be
               (h) Lighting. Artificial light shall be    indicated by the phrase “need not be enclosed”
maintained during all hours of darkness in all            appearing after any use exempted or in the case of a
buildings containing public toilets, laundry equipment    permitted establishment by the granting of a
and other facilities when open for use.                   conditional use permit. The requirements do not
                                                          apply to the temporary display of merchandise during
                (i) Drainage. All manufactured            regular business hours.
home parks shall be provided with adequate drainage
facilities as approved by the city.                           (C) Permitted uses. The following are
                                                          permitted uses:
               (j) Storage buildings. The maximum
size of accessory storage buildings in the R-3 district            (1) Antique store;
shall not exceed 120 square feet of a seven-foot
sidewall or ten-foot ridge height. All buildings shall             (2) Apparel and accessory store;
be securely anchored.
                                                                   (3) Appliance store, sales and service;
          (4) Anchoring and support systems. The
provisions made for anchoring systems shall be based               (4) Art supply store;
on the regulations outlined by the Minnesota
Department of Administration, Building Code                        (5) Art gallery;
Division.
(Ord. 96-603, passed 7-15-1996)                                    (6) Artist studio or school;

                                                                   (7) Auto parts and accessory sales;
§ 150.025 B-1, CENTRAL BUSINESS.
                                                                   (8) Auto repairs, need not be enclosed;
     (A) Purpose. The B-1, central business district,
is designed and intended as a specialized district                 (9) Bakery retail;
directed to serve the pedestrian in a compact central
                                                                  (10) Bank, including drive-in bank;
28                                          Ortonville - Land Usage


         (11) Barbershop;                                         (29) Garden supplies store, need not be
                                                         enclosed, provided all unenclosed portions of the use
         (12) Beauty shop;                               are located on the rear .5% of the zoning lot;

         (13) Bicycle sales and repairs;                         (30) Gift, novelty or souvenir store;

         (14) Book store;                                        (31) Grocery store;

         (15) Business machines store;                           (32) Hardware store;

         (16) Café;                                              (33) Health equipment store;

         (17) Camera and photographic supply store;              (34) Interior decorator;

          (18) Candy, ice cream and confectionery                (35) Jewelry store;
store, in which all manufacturing is permitted only as
an accessory use and is limited to 15% of the gross              (36) Liquor store (off-sale);
floor area of the use;
                                                                 (37) Locksmith;
         (19) Catalog and mail order house;
                                                                 (38) Luggage store;
         (20) Caterer;
                                                                  (39) Meat market and processing, not
         (21) Clothing store;                            including slaughtering;

         (22) Dance studio;                                      (40) Music store;

         (23) Delicatessen store;                                (41) Newsstand;

         (24) Department store;                                  (42) Office of any type;

         (25) Dressmaking, seamstress;                           (43) Optician;

         (26) Drugstore;                                         (44) Optical goods;

         (27) Floral sales;                                      (45) Paint and wallpaper store;

         (28) Furniture store and home furnishings;               (46) Photographic studio or picture
                                                         processing;
                                                                                                        Zoning 29


        (47) Restaurants;                                         (3) Public, private parking facilities;

         (48) Savings and loan association; state or              (4) Public or quasi-public development;
federally chartered; including drive-in facilities;
                                                                  (5) Restaurants, cocktail lounges and other
        (49) Second hand shops;                         eating or drinking establishments which require
                                                        additional parking spaces;
        (50) Shoe repair shop;
                                                                  (6) Automobile service stations;
        (51) Shopping mall or centers;
                                                                  (7) Auto sales;
        (52) Sporting good store;
                                                                   (8) Clinic, dental or medical, animal
        (53) Stationery store;                          clinics, and related laboratories;

        (54) Tailor;                                              (9) Radio and television broadcasting
                                                        including transmitter;
        (55) Telephone exchange;
                                                                 (10) Other residential and commercial uses
        (56) Theater, not including drive-in theater;   determined by the Planning Commission to be of the
                                                        same general character as identified permitted and
        (57) Theatrical studio;                         conditional uses and found out not to be detrimental
                                                        to the general public health and welfare; and
        (58) Ticket agency;
                                                                 (11) Additions/alterations to existing
        (59) Toy store;                                 single-family dwellings.

        (60) Travel bureau or agency;                       (E) Accessory uses. The following are
                                                        permitted accessory uses:
        (61) Variety store; and
                                                                   (1) Commercial or business buildings and
        (62) Funeral home.                              structures for a use accessory to the principal use, but
                                                        shall not exceed 30% of the gross floor area of the
     (D) Conditional uses. The following uses may       principal use;
be permitted:
                                                                 (2) Off-street parking, as regulated by §§
         (1) Apartments;                                150.090 through 150.100;

         (2) Multi-family dwellings;                             (3) Off-street loading, as regulated by §§
                                                        150.090 through 150.100; and
30                                             Ortonville - Land Usage


         (4) Fencing, screening and landscaping as                     (4) Where the extension of a front or side
permitted and regulated by § 150.049.                       lot line coincides with a front lot line of an adjacent
                                                            lot located in a residential district, a yard not less than
     (F) Minimum lot size.                                  the minimum front yard required by this chapter on
                                                            the adjacent residential lot shall be provided along the
           (1) A lot area of not less than 5,000 square     front or side lot lines.
feet is required.
                                                                        (5) In each case, the lot line located in the
           (2) A lot width of not less than 50 feet of      central business district adjacent to a residential
street frontage is required.                                district shall erect a fence or vegetative screening as
                                                            determined by the governing body. The screening
            (3) A lot depth of not less than 100 feet is    shall be set back five feet from the central business
required.                                                   district’s lot line adjacent to the residential district.
                                                            The fence or screening shall be located along the
      (G) Front, side and rear yard requirements. No        entire length of the transitional lot line.
yards are required. The space resulting from the
foregoing setbacks (yard requirements) shall be                 (H) Maximum building heights. Building
utilized only for access to the permitted use and for       heights shall not exceed three stories or 45 feet.
landscaping purposes.                                       (Ord. 96-603, passed 7-15-1996)

           (1) Where a side lot coincides with a side
or rear lot line in an adjacent residential district, a     § 150.026 B-2, GENERAL BUSINESS.
yard shall be provided along the side lot line. The
yard shall not be less than the minimum side yard                 (A) Purpose. The B-2, general business
which would be required under this chapter for a            district, is designed and intended to promote the
residential use on the adjacent residential lot.            development of uses which require large
                                                            concentrations of automobile traffic. The district is
           (2) Where a rear lot line coincides with a       also designed to accommodate those commercial
side lot line in an adjacent residential district, a yard   activities which may be incompatible with the uses
shall be provided along the rear lot line. The yard         permitted in the B-1 district, and whose service is not
shall not be less than the minimum side yard which          confined to any one neighborhood or community.
would be required for a residential use on the
adjacent residential lot.                                        (B) Special requirements.

            (3) Where a rear lot line coincides with a                (1) All business, servicing or processing
rear lot line in an adjacent residential district, a yard   shall be conducted within completely enclosed
shall be not less than the minimum required for the         buildings, with the following exceptions:
rear yard for a residential use on the adjacent             establishments of the “drive-in” type display of
residential lot.                                            merchandise for sale to the public, and off-street
                                                            parking and loading.
                                                                                                          Zoning 31


          (2) The unenclosed parking of trucks as an                (13) Bowling alley and billiard parlor;
accessory use, when used in the conduct of a
permitted business listed hereinafter in this section,              (14) Building material yard;
shall be discouraged.
                                                                    (15) Bus, railway or airline depot or ticket
    (C) Permitted uses. The following are                office;
permitted uses:
                                                                    (16) Dairy products store;
         (1) Appliance store, sales and storage;
                                                                    (17) Dance hall;
         (2) Auction rooms;
                                                                    (18) Diaper store;
         (3) Auto, glass, muffler and upholstery
shop;                                                               (19) Discount store;

           (4) Auto parts and accessory sales                       (20) Drugstore;
including outdoor display of auto accessories
provided that the outdoor display of storage is                     (21) Dry cleaning;
separated from abutting development by ornamental
fencing or screen planting to be not less than eight                (22) Electric contractor;
feet in height;
                                                                    (23) Exterminator;
         (5) Auto sales;
                                                                    (24) Feed store;
         (6) Auto storage, new or used;
                                                                    (25) Floral sales;
         (7) Auto repair garage;
                                                                  (26) Food locker plant; a food locker plant
         (8) Barber shop;                                renting only individual lockers for home customer
                                                         storage of food, including sale of retail, delivery of
         (9) Beauty shop;                                individual home orders and the cutting and packaging
                                                         of meats or game, but not including slaughtering or
        (10) Bicycle store;                              eviscerating thereof;

         (11) Blueprinting, photostating and                        (27) Fruit store;
lithographing;
                                                                    (28) Garden supplies and landscape
        (12) Boat sales and repair, not including        nursery;
dismantling or wrecking;
                                                                    (29) Grocery store;
32                                         Ortonville - Land Usage


        (30) Gunsmith;                                           (49) Paint and wallpaper store;

          (31) Hall, renting for meetings, conventions           (50) Painting and decorating contractor;
or social gatherings;
                                                                 (51) Pawn shop;
        (32) Hardware store;
                                                                 (52) Pet store;
        (33) Health equipment and supply store;
                                                                  (53) Photographic studio, picture
        (34) Health club or gym;                         processing
                                                         or equipment;
        (35) Hotel, motel or tourist home;
                                                                 (54) Plumbing contractor;
        (36) Ice plant;
                                                                  (55) Printing, publishing and allied
        (37) Janitorial service;                         industries;

        (38) Laboratory, scientific and testing;                 (56) Sign contractor;

        (39) Laundromat;                                         (57) Second hand store;

        (40) Linen supply;                                       (58) Tailor;

        (41) Liquor store (off-sale);                            (59) Taxidermist;

        (42) Locksmith;                                          (60) Theatrical studio;

        (43) Lumber yard;                                        (61) Tire recapping and supply store;

        (44) Marine sales and service;                           (62) Upholstery shop of any type;

        (45) Medical appliances, sales and fittings;             (63) Variety store;

        (46) Mortuary;                                            (64) Veterinarian, including observation
                                                         kennels for household pets, provided however, all
        (47) Motorcycle store;                           such kennels are contained within completely
                                                         enclosed structures; and
        (48) Newsstand;
                                                                 (65) Wholesale offices and showrooms.
                                                                                                          Zoning 33


     (D) Conditional uses. The following uses may                  (15) Ambulance service;
be permitted:
                                                                   (16) Radio and television broadcasting,
          (1) Apartments;                                 including transmitter;

          (2) Multi-family dwellings;                              (17) Clinic, dental or medical;

          (3) Any drive-in type establishment;                      (18) Parking and/or commercial storage of
                                                          vehicles, need not be enclosed;
          (4) Any use other than those enumerated
as permitted uses, intended to provide amusement on                (19) Other commercial uses determined by
the payment of a fee;                                     the Planning Commission to be of the same general
                                                          character as the permitted and conditional uses above
          (5) Auto service station;                       and found not to be detrimental to the general public
                                                          health and welfare;
          (6) Car wash;
                                                                   (20) Planned unit developments, as
          (7) Community or convention center;             regulated by § 150.030;

            (8) Landing or take-off area for watercraft            (21) Additions/alterations to existing
not including maintenance, repair, fueling or hanger      single-family dwellings; and
facilities;
                                                                  (22) Light assembly and/or light
          (9) Parking of cars, need not be enclosed,      manufacturing operations.
parking ramps, public garages;
                                                              (E) Accessory uses. The following are
         (10) Public or quasi-public development;         permitted accessory uses:

         (11) Restaurants, cocktail lounges and other                (1) Commercial or business buildings and
eating and drinking establishments;                       structures for a use accessory to the principal use, but
                                                          shall not exceed 30% of the gross floor area of the
          (12) Shipping and storage of merchandise        principal use;
solely intended to be retailed by the established
principal permitted use;                                             (2) Off-street parking, as regulated by §§
                                                          150.090 through 150.100, but not including semi-
         (13) Sports arena or stadium;                    trailer trucks;

         (14) Shopping centers and malls;                          (3) Off-street loading, as regulated by §§
                                                          150.090 through 150.100; and
34                                            Ortonville - Land Usage


         (4) Fencing, screening and landscaping, as                   (2) Where a rear lot line coincides with a
permitted and regulated by § 150.049.                      side lot line in an adjacent residential district, a yard
                                                           shall be provided along the rear lot line.
     (F) Minimum lot size.
                                                                       (3) Where a rear lot line coincides with a
           (1) A lot area of not less than 5,000 square    rear lot line in an adjacent residential district, a yard
feet is required.                                          shall be provided along the rear lot line. The yard
                                                           shall not be less than the minimum required for the
           (2) A lot width of not less than 50 feet of     rear yard for a residential use on the adjacent
street frontage is required.                               residential lot.

            (3) A lot depth of not less than 100 feet is              (4) Where the extension of a front or side
required.                                                  lot line coincides with a front lot line of an adjacent
                                                           lot located in a residential district, a yard not less than
     (G) Front, side and rear yard requirements.           the minimum front yard required by this chapter on
                                                           the adjacent residential lot shall be provided along the
           (1) Front yard. Except as otherwise             front or side lot lines.
hereinafter provided, all uses allowed in the B-2
district (permitted or conditional uses) shall provide a              (5) In each case, the lot line located in the
front yard of 20 feet which shall be devoted               general business district adjacent to the residential
exclusively to landscaping except for necessary            district shall erect a fence or vegetative screening, as
access drives.                                             determined by the governing body. The fence or
                                                           screening shall be set back five feet from the general
          (2) Side yard. Two side yards are                business district lot line and shall be located along the
required, with a width of not less than ten feet.          entire length of the transitional lot line.

           (3) Rear yard. A rear yard with a depth of          (I) Maximum building heights. Building
not less than 15 feet is required.                         heights shall not exceed three stories of 45 feet.
                                                           (Ord. 96-603, passed 7-15-1996)
      (H) Transitional yard requirements. In the B-2
district, the minimum transitional yard requirements
shall not be less than those specified below:              § 150.027 B-3, HIGHWAY BUSINESS.

           (1) Where a side lot coincides with a side           (A) Purpose. The purpose of the Highway
or rear lot line in an adjacent residential district, a    Business District is to provide for accommodations
yard shall be provided along the side lot line. The        and services to the traveling public and related retail
yard shall not be less than the minimum side yard          services activities.
which would be required under this chapter for a
residential use on the adjacent residential lot.               (B) Permitted uses. The following are
                                                           permitted uses:
                                                                                         Zoning 35


           (1) Services to the traveling public limited     compliance with § 150.075;
to diners, restaurants, taverns, liquor stores, motels,
hotels and motor inns;

            (2) Automobile sales, need not be
enclosed;

            (3) Auto accessory retail stores;

            (4) Commercial recreational uses;

            (5) Private clubs or lodges;

          (6) Implement dealerships, need not be
enclosed; and

            (7) Churches.

     (C) Conditional uses. The following uses may
be permitted:

           (1) Drive-in and convenience food
services, car washes, auto service stations, auto repair
(minor), enclosed building materials sales, and other
retail establishments provided that:

                (a) The architectural appearance and
functional plan of the building and site shall not be so
dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a
blighting influence within a reasonable distance of
the lot;

                (b) When a lot line coincides with a
residential district, a buffer of not less than five feet
in width shall be landscaped and screened in
compliance with § 150.049;

               (c) A minimum lot frontage of 100
feet is provided;

             (d) Parking shall be screened from
view from abutting residential district and uses in
               (e) The entire area other than that                      (b) Storage is screened from view
occupied by buildings or structures shall be surfaced     from the public right-of-way in compliance with §
or grassed to control dust and drainage;                  150.075;

              (f) Vehicular access points shall                          (c) Storage area is grassed or
create a minimum of conflict with any through traffic     surfaced to control dust;
movement; and
                                                                         (d) All lighting shall be hooded and
               (g) All lighting shall be designed as      so directed that the light source shall not be visible
to have no direct source of light visible from adjacent   from the public right-of-way or from neighboring
residential land or from the public right-of-way;         residences; and

          (2) Open and outdoor storage as a                              (e) The use does not take up parking
principal or accessory use provided that:                 space as required for conformity to this chapter;

              (a) The area is fenced and screened                    (3) Open or outdoor service, sale and
from view of neighboring residential uses and             rental as a principal or accessory use and including
districts                                                 sales in or from motorized vehicles, trailers or
in compliance with § 150.075;                             wagons provided that:




2006 S-4
36                                           Ortonville - Land Usage


              (a) Outside services, sales and
equipment rental connected with the principal use is                (4) Planned unit developments, as
limited to 30% of the gross floor area of the principal   regulated by § 150.030.
use;
                                                              (D) Accessory uses. The following are
                (b) Outside sales areas are fenced or     permitted accessory uses:
screened from view of neighboring residential uses or
districts in compliance with § 150.075;                              (1) Commercial or business buildings and
                                                          structures for a use accessory to the principal use, but
               (c) All lighting shall be hooded and       shall not exceed 30% of the gross floor area of the
so directed that the light source shall not be visible    principal use;
from
the public right-of-way or from neighboring                          (2) Off-street parking, as regulated by §§
residences;                                               150.090 through 150.100, but not including semi-
                                                          trailer trucks;
               (d) Sales area is grassed or surfaced
to control dust; and                                               (3) Off-street loading, as regulated by §§
                                                          150.090 through 150.100; and
               (e) Does not take up parking space as
required for conformity to this chapter; and                        (4) Fencing, screening and landscaping, as
permitted and regulated by § 150.049.        (E) Minimum lot size.

                                                  (1) A lot area of not less than 20,000
                                        square feet is required.

                                                   (2) A lot width of not less than 100 feet of
                                        street frontage is required.

                                                    (3) A lot depth of not less than 150 feet is
                                        required.

                                             (F) Front, side and rear yard requirements.

                                                   (1) Front yard. Except as otherwise
                                        hereinafter provided, all uses allowed in the B-3
                                        districts (permitted or conditional uses) shall provide
                                        a front yard of 20 feet which shall be devoted
                                        exclusively to landscaping except for necessary
                                        access drives. When off-street parking is to occur in
                                        the front yard area, the front yard requirement shall
                                        be such that the provisions of §§ 150.090 through
                                        150.100 are complied with.

                                                  (2) Side yard. Two side yards are
                                        required, each with a width of not less than ten feet.

                                                   (3) Rear yard. A rear yard with a depth of
                                        not less than 15 feet is required.

                                              (G) Transitional yard requirements. In the B-3
                                        district, the minimum transitional yard requirements
                                        shall not be less than those specified below:

                                                   (1) Where a side lot coincides with a side
                                        or rear lot line in an adjacent residential district, a
                                        yard shall be provided along the side lot line. The
                                        yard shall be not less than the minimum side yard
                                        which would be required under this chapter for a
                                        residential use on the adjacent residential lot;
                                                                                                                Zoning 37


           (2) Where a rear lot line coincides with a
side line in an adjacent residential district, a yard         development for certain industrial uses that prefer to
shall be provided along the rear lot line. The yard           be located in choice or strategic sites. The limited
shall not be less than the minimum side yard which            industrial district is intended for administrative,
would be required under this chapter for a residential        wholesaling, manufacturing and related uses which
use on the adjacent residential lot;                          can maintain high standards of appearance, including
                                                              open spaces and landscaping; limit external effects
            (3) Where a rear lot line coincides with a        such as noise, odors, smoke and vibration; and not
rear lot line in an adjacent residential district, a yard     require a high level of public services, including
shall be provided along the rear lot line. The yard           sewer and water services. With proper control, these
shall not be less than the minimum required for the           areas should become compatible with commercial or
rear yard for a residential use on the adjacent               residential areas.
residential lot;
                                                                   (B) Special requirements.      Any unenclosed
           (4) Where the extension of a front or side         uses, including storage, manufacturing and assembly,
lot line coincides with a front lot line of an adjacent       shall be subject to those regulations set forth by
lot located in a residential district, a yard not less than   division (J) below.
the minimum front yard required by this chapter on
the adjacent residential lot shall be provided along the          (C) Permitted     uses.       The   following    are
front or side lot lines; and                                  permitted uses:

           (5) In each case the lot line located in the                (1) Bottling plants and manufacturing or
B-3 district adjacent to the residential district shall       processing of soft drinks, beer or milk;
erect a fence or vegetative screening, as determined
by the governing body. The fence or screening shall                     (2) Commercial printing and publishing
setback five feet from the highway business related           establishments;
district and shall be located along the entire length of
the transitional lot line.                                             (3) Contractors’ offices;

     (H) Maximum building heights. Building                             (4) Dry cleaning, dyeing and laundering
heights shall not exceed three stories or 45 feet.            establishments;
(Ord. 96-603, passed 7-15-1996; Am. Ord. 06-02,
passed 5-1-2006)                                                        (5) Hay, grain, feed and farm supply sales
                                                              and storage;

§ 150.028 I-1, LIMITED INDUSTRIAL.                                     (6) Newspaper plants and offices;

     (A) Purpose. The Limited Industrial District is                  (7) Public      utility      structures      and
established to provide exemplary standards of                 government buildings; and
2006 S-4
38                                           Ortonville - Land Usage


           (8) Warehousing, wholesaling and                         (3) Off-street loading, as regulated by §§
distribution operations.                                   150.090 through 150.100; and

     (D) Conditional uses. The following uses may                   (4) Fencing, screening and landscaping, as
be permitted:                                              permitted and regulated by § 150.049.

          (1) Freight terminals;                                (F) Minimum lot size.

          (2) Other manufacturing, production,                       (1) A lot area of not less than 20,000
servicing, processing, storage or commercial use           square feet is required.
determined by the Planning Commission to be the
same general character as the permitted and                          (2) A lot width of not less than 100 feet
conditional uses and conform with the purpose and          abutting a public right-of-way is required.
performance standards set forth in this district;
                                                                       (3) A lot depth of not less than 100 feet is
          (3) Outdoor furnaces or boilers of any size      required.
or type when used in conjunction with the heating of
adjacent interior spaces or the heating of domestic hot             (4) There shall be a required minimum
water used within the spaces; includes all furnaces        10% reservation of the total lot area for landscaping
not completely enclosed on all sides by the exterior       use. The landscaping shall conform in design and
building envelope walls;                                   appearance with the overall development plan as
                                                           approved by the Planning Commission.
          (4) Planned unit developments, as
regulated by § 150.030;                                         (G) Front, side and rear yard requirements.

          (5) Salvage yards; and                                     (1) Front yard. There shall be a front yard
                                                           having a depth of not less than 30 feet between
          (6) One-family dwelling.                         building and the street right-of-way line to be devoted
                                                           exclusively to landscaping except for necessary
    (E) Accessory uses. The following are                  points of access.
permitted accessory uses:
                                                                    (2) Side yard. Two side yards required,
           (1) Commercial or business buildings and        each with a width of not less than 15 feet.
structures for a use accessory to the principal use, but
shall not exceed 30% of the gross floor area of the                   (3) Rear yard. There shall be a rear yard
principal use;                                             of not less than 20 feet provided that no building shall
                                                           be located within 30 feet of a rear lot line abutting a
           (2) Off-street parking, as regulated by §§      lot in any residential district.
150.090 through 150.100, but not including semi-
trailer trucks;
                                                                                                              Zoning 39


      (H) Transitional yard requirements. In each             Bank Cycles/Second       Max. Permitted Sound Level
case the lot line located in the limited industrial              (Frequency)                   (Decibels)
district adjacent to the residential district shall erect a
fence or vegetative screening, as determined by the                    20-75                          72
governing body. The fence or screening shall be set                   75-150                     67
back five feet from the limited industrial district lot              150-300                     69
line and shall be located along the entire length of the             300-600                     52
transitional lot line.                                              600-1200                          46
                                                                   1200-2400                          40
     (I) Performance standards.                                    2400-4800                          34
                                                                   Over 4800                          30
          (1) Intent. It is the intent of this division
to provide that industry and related activities shall be                 (3) Odor. No activity or operation shall
established and maintained with proper appearance             cause at any time the discharge of toxic, noxious or
from streets and adjoining properties and to provide          odorous matter beyond the limits of the immediate
that each permitted use shall be a good neighbor to           site where it is located in concentrations as to be
adjoining properties by the control of the following:         obnoxious or otherwise detrimental to, or endanger
                                                              the public health, welfare, comfort or safety or cause
          (2) Noise.                                          injury to property or business.

                (a) Noise shall be measured on any                       (4) Glare. Glare, whether direct or
property line of the tract on which the operation is          reflected, such as from floodlights, spotlights or high
located. Noise shall be muffled so not to become              temperature processes, and as differentiated from
objectionable due to intermittence, beat, frequency,          general illumination, shall not be visible beyond the
shrillness or intensity.                                      site of origin at any property line.

                (b) At the property line, the sound                      (5) Exterior lighting. Any lights used for
pressure level of noise radiated continuously from a          exterior illuminations shall be directed away from
facility shall not exceed the values given in the table       adjacent properties.
herein.
                                                                        (6) Smoke, dust, fumes or gases. Every
               (c) Maximum permissible sound                  operation shall conform to local standards.
pressure levels of specified points of measurement for
noise radiated continuously from a facility.                            (7) Hazard. Every operation shall be
                                                              carried on in accordance with local and Minnesota
                                                              State Department of Health standards and
                                                              requirements.
40                                            Ortonville - Land Usage


          (8) Water supply. The design and                  and protect the use and enjoyment of the properties
construction of water supply facilities and water           within the adjacent residential district, or there is a
supply source shall be in accordance with local and         finding that a screening of the type required by this
Minnesota State Department of Health standards and          chapter would interfere with the provision of
requirements.                                               adequate amounts of light and air to the same
                                                            properties. Loading docks in the industrial district
          (9) Waste. All sewage and industrial              shall be screened so as not to be visible from any
wastes shall be treated and disposed in such manner         public street right-of-way within a residential district.
as to comply with Minnesota State Department of             All required screening devices shall be designed so
Health standards and requirements, Minnesota                that they are architecturally harmonious with the
Pollution Control Agency standards and requirements         principal structures on the site and they shall be
and local codes.                                            properly maintained so as not to become unsightly,
                                                            hazardous or less opaque than when originally
         (10) Investigations and tests. In order to         constructed.
assure compliance with the performance standards set        (Ord. 96-603, passed 7-15-1996)
forth above, the Planning Commission may require
the owner or operator of any permitted use to make
investigations and tests as may be required to show         § 150.029 I-2, GENERAL INDUSTRIAL.
adherence to the performance standards.
                                                                 (A) Purpose. The general industrial district is
          (11) Additions. All subsequent additions          established to provide exemplary standards of
and outbuildings constructed after the erection of an       development for certain industrial uses that prefer to
original building or buildings shall be reviewed by         be located in choice or strategic sites. These general
the Planning Commission.                                    industrial uses are less compatible with commercial
                                                            and residential areas and, therefore, are not
      (J) Regulations on screening. Any unenclosed          appropriate in the I-1 district.
uses, including storage, manufacturing and assembly,
occurring within 50 feet of a residential district, shall        (B) Special requirements. Any unenclosed
be screened and buffered from the district by a             uses, including storage, manufacturing and assembly,
separation of open space which shall have a minimum         shall be subject to those regulations set forth by
depth of 30 feet and a required fence or vegetative         division (J) below.
screening of not less than seven feet in height above
the level of the residential district property at the           (C) Permitted uses. The following are
district boundary. Walls, fences or planting screens        permitted uses:
of lesser heights may be permitted by the Board of
Adjustment and Appeals if there is a finding that the               (1) Art equipment supplies,
nature or extent of the use being screened is such that     manufacturing;
a lesser degree of screen will as adequately promote
                                                                    (2) Bags, boxes and paper containers,
                                                            manufacturing and storage;
                                                                                                       Zoning 41


         (3) Bottling establishments;                            (17) Footwear, manufacturing and
                                                       fabrication;
         (4) Books, looseleaf binders, fabrication
and assembly;                                                  (18) Freight terminals;

         (5) Books and bookbinding;                             (19) Hand and edge tools, except machine
                                                       tools, manufacturing and assembly;
         (6) Cabinet and woodworking establish-
ments;                                                         (20) Ice plants and ice cream plants;

         (7) Clothing and manufacturing;                       (21) Jewelry manufacturing;

         (8) Camera and photographic manufactur-              (22) Laboratory instruments and associated
ing;                                                   equipment, scientific and testing;

           (9) Cold storage plants, commercial                 (23) Luggage, handbags and similar items,
printing, publishing, engraving and reproduction       manufacturing and assembly;
firms;
                                                               (24) Mail-order house;
        (10) Confectionery and related products,
manufacturing and packaging;                                   (25) Meat processing, including slaughter;

         (11) Dental instruments and supplies;                   (26) Medical and surgical instruments and
                                                       supplies, manufacturing and assembly;
         (12) Laundry, dry cleaning and dying
establishments;                                                (27) Newspaper plants and office;

        (13) Electric lighting and wiring equipment,           (28) Office furniture and supplies,
manufacturing;                                         manufacturing and assembly;

       (14) Electric measuring and testing                     (29) Optical instruments and lenses,
equipment, manufacturing;                              manufacturing and assembly;

       (15) Electronic tubes and other                         (30) Patterns, design and manufacturing;
components, manufacturing;
                                                               (31) Pottery shops;
        (16) Electrical products and appliances,
manufacturing and assembly;                                    (32) Precision instruments, manufacturing
                                                       and assembly;
42                                             Ortonville - Land Usage


           (33) Plastic extrusion and molding and                     (2) Mining and related activities
fixture;                                                    associated with the extraction and processing of sand,
                                                            gravel and other materials from the land;
        (34) Plumbing fixture and equipment,
wholesale;                                                            (3) Outdoor furnaces or boilers of any size
                                                            or type when used in conjunction with the heating of
          (35) Radio and television, assembly and           adjacent interior spaces or the heating of domestic hot
parts fabrication;                                          water used within the spaces; includes all furnaces
                                                            not completely enclosed on all sides by the exterior
        (36) Sport equipment, manufacturing and             building envelope walls;
assembly;
                                                                      (4) Planned unit developments, as
       (37) Scientific and research instruments and         regulated § 150.030; and
equipment, manufacturing and assembly;
                                                                      (5) Salvage yards.
         (38) Signs and advertising display
materials;                                                      (E) Accessory uses. The following are
                                                            permitted accessory uses:
         (39) Telephone and telegraph technical
apparatus, manufacturing and assembly;                                 (1) Commercial or business buildings and
                                                            structures for a use accessory to the principal use, but
        (40) Temperature controls, fabrication and          shall not exceed 30% of the gross floor area of the
assembly;                                                   principal use;

           (41) Trade schools;                                         (2) Off-street parking, as regulated by §§
                                                            150.090 through 150.100, but not including semi-
           (42) Welding supply;                             trailer trucks;

           (43) Wholesale business facilities; and                   (3) Off-street loading, as regulated by §§
                                                            150.090 through 150.100; and
           (44) All uses permitted in the I-1 district.
                                                                     (4) Fencing, screening and landscaping, as
     (D) Conditional uses. The following uses may           permitted and regulated by § 150.049.
be permitted:
                                                                 (F) Minimum lot size.
           (1) Other manufacturing, production,
processing, cleaning, storage, servicing, repair and                  (1) A lot area of not less than 20,000
testing of materials, goods or products determined by       square feet is required.
the Planning Commission to be similar to the
permitted uses, and which conform with the purpose
and performance standards set forth in this district;
                                                                                                           Zoning 43


          (2) A lot width of not less than 100 feet                   (1) Noise. Noise shall be measured on any
abutting a public right-of-way is required.                property line of the tract on which the operation is
                                                           located. Noise shall be muffled so not to become
            (3) A lot depth of not less than 100 feet is   objectionable due to intermittence, beat, frequency,
required.                                                  shrillness or intensity. At the property line, the sound
                                                           pressure level of noise radiated continuously from a
         (4) All planned developments shall only           facility shall not exceed the values given in the table
be permitted on an area of at least two acres.             herein.

         (5) There shall be a required minimum                Maximum Permissible Sound Pressure Levels
10% reservation of the total lot area for landscaping
use. The landscaping shall conform in design and              Band Cycles Per Second Maximum Permitted
appearance with the overall development plan, as                             Sound Level
approved by the Planning Commission.

     (G) Front, side and rear yard requirements.

          (1) Front yard. There shall be a front yard
having a depth of not less than 30 feet between
building and right-of-way line to be devoted to
landscaping, except for necessary points of access.

          (2) Side yard. Two side yards are
required, each with a width of not less than 20 feet.

           (3) Rear yard. A rear yard with a depth of
not less than 25 feet is required.

      (H) Transitional yard requirements. When any
lot line coincides with a lot line of an adjacent
residential district, the setback shall be at least 30
feet.

      (I) Performance standards. It is the intent of
this section to provide that industry and related
activities shall be established and maintained with
proper appearance from streets and adjoining
properties and to provide that each permitted use shall
be a good neighbor to adjoining properties by the                     20-75                        72
control of the following:                                             75-150                  67
                                                                      150-300                 59
                                                                      300-600                 52
                                                                     600-1200                      46
         1200-2400                     40
         2400-2800                     34
         Over 2800                     32

           (2) Odor. No activity or operation shall
cause at any time the discharge of toxic, noxious or
odorous matter beyond the limits of the immediate
site where it is located in concentrations as to be
obnoxious or otherwise detrimental to, or endanger
the public health, welfare, comfort or safety or cause
injury to property or business.

           (3) Glare.      Glare, whether direct or
reflected, such as from floodlights, spotlights or high
temperature processes, and as differentiated from
general illumination, shall not be visible beyond the
site of origin at any property line.
44                                           Ortonville - Land Usage


           (4) Exterior Lighting. Any lights used for      screened and buffered from the district by a
exterior illuminations shall be directed away from         separation of open space which shall have a minimum
adjacent properties.                                       depth of 30 feet and a required fence or vegetative
                                                           screening of not less than seven feet in height above
          (5) Smoke, dust, fumes or gases. Every           the level of the residential district property at the
operation shall conform to local standards.                district boundary. Walls, fences or planting screens of
                                                           lesser heights may be permitted by the Board of
          (6) Hazard. Every operation shall be             Adjustment and Appeals if there is a finding that the
carried on in accordance with local fire and safety        nature or extent of the use being screened is such that
codes.                                                     a lesser degree of screen will as adequately promote
                                                           and protect the use enjoyment of the properties within
          (7) Water supply. The design and                 the adjacent residential district, or there is a finding
construction of water supply facilities and water          that a screening of the type required by this chapter
supply source shall be in accordance with local and        would interfere with the provision of adequate
Minnesota State Department of Health and Minnesota         amounts of light and air to the same properties.
Pollution Control Agency standards and                     Loading docks in
requirements.                                              the industrial district shall be screened so as not to be
                                                           visible from any public street right-of-way within a
          (8) Waste. All sewage and industrial             residential district. All required screening devices
wastes shall be treated and disposed in a manner as to     shall be designed so that they are architecturally
comply with Minnesota State Department of Health           harmonious with the principal structures on the site
and Minnesota Pollution Control Agency standards           and they shall be properly maintained so as not to
and requirements, and local codes.                         become unsightly, hazardous or less opaque than
                                                           when originally constructed.
          (9) Compliance. In order to assure               (Ord. 96-603, passed 7-15-1996)
compliance with the performance standards set forth
above, the Planning Commission may require the
owner or operator of any permitted use to make the         § 150.030 PUD, PLANNED UNIT
investigations and tests as may be required to show        DEVELOPMENT.
adherence to the performance standards.
                                                                (A) Purpose.      To help encourage a more
         (10) All subsequent additions and                 credible approach to the use of land, departures from
outbuildings constructed after the erection of an          this chapter may be granted by the City Council in
original building or buildings shall be reviewed by        planned unit development districts. A planned unit
the Planning Commission.                                   development is allowable as a conditional use in all
                                                           zoning districts. Permission to develop specific
     (J) Regulations on screening. All principal,          parcels of land under the provisions which follow
and conditional uses, except business signs, which are     shall be binding on all construction. Any significant
situated within 50 feet of a residential district, shall   change in the development plan after approval by the
be                                                         City
                                                                                                        Zoning 45


Council shall be resubmitted for consideration. The                      (c) Any nonresidential use to the
land use, minimum lot area, yard, height and             extent the nonresidential use is designed and intended
accessory used determined by the planned unit            to serve the residents of the PUD.
development requirements shall prevail over
conflicting requirements listed elsewhere within this              (6) A minimum of 20% of the gross land
chapter. To encourage innovations which produce          area for private or public open air recreational use
efficient, high quality development in harmony with      protected by covenants running with the land or by
surrounding areas, the following regulations are set     conveyances or dedicated as the Planning
forth.                                                   Commission may specify shall be an integral part of
                                                         the plan. The open space areas shall not include land
    (B) Requirements.                                    devoted to streets, parking and private yards.

            (1) The development shall be planned so                (7) Spacing between main buildings and
that it is consistent with the comprehensive plan.       dedicated streets shall be at least equivalent to the
                                                         spacing requirements of buildings similarly
          (2) The tract of land shall be under unified   developed under the terms of this chapter on separate
control at the time of application and scheduled to be   parcels.
developed as one unit. In addition, the development
plan must include provisions for the preservation of               (8) Subdivision review under the
natural amenities.                                       subdivision regulations shall be carried out
                                                         simultaneously with the review of a PUD.
           (3) The planned unit development
proposal appears to harmonize with both existing and               (9) A certified check or money order to
proposed development in the area surrounding the         cover the costs incurred in checking and processing
project site.                                            the plans in an amount affixed by the City Council.

         (4) The proposed planned unit                       (C) Procedure.
development is comprised of at least one acre of
contiguous land.                                                   (1) Pre-application conference. Before
                                                         submitting an application for a PUD, an applicant
         (5) Permitted uses may include:                 may confer with the planning staff to obtain
                                                         information and guidance, before incurring
                (a) Permitted, accessory and             substantial expense in the preparation of plans,
conditional uses allowed within the traditional zoning   surveys and other data.
district where the proposed PUD is to be located;
                                                                   (2) Outline development plan. An
                (b) Any combination of dwelling          applicant shall apply to the Planning Commission for
units in single-family or two-family dwellings, town     approval of a development concept of the PUD with a
houses, condominiums and apartments; and                 map and text as specified including enough
                                                         information to demonstrate its relationship to
                                                         adjoining uses.
46                                           Ortonville - Land Usage


               (a) Maps which are part of the outline                          4. A statement of ultimate
development plan may be in schematic form and shall       ownership and maintenance of parts of development
contain the following:                                    including streets, structures and open space;

                    1.    The existing topographic                           5. A statement describing how
character of the land;                                    all necessary governmental services will be provided
                                                          to the development; and
                     2. A composite of all natural
amenities of the site including, steep slopes, drainage                      6. The total anticipated
ways plus marshes, ponds and lakes;                       population to occupy the PUD with breakdowns
                                                          indicating the number of school age children, adults
                     3. The size of site and proposed     and families.
use of the land to be developed together with an
identification of off site land use;                               (3) Outline development plan approval.

                    4. The density of land use to be                     (a) Within 60 days after the filing of
allocated to the several parts of the development;        an outline development plan, the Planning
                                                          Commission shall forward the plan to the City
                     5.   The approximate location of     Council with a written staff report recommending that
thoroughfares; and                                        the plan be disapproved, approved or approved with
                                                          modifications, and giving reasons for these
                   6. The location of common              recommendations.
open space including public schools, parks and
playgrounds or private natural preserves.                                 (b) Within 45 days after the receipt of
                                                          the application by the City Council, a public hearing
               (b) The written statement shall            shall be held by the City Council on the application.
include the following:                                    The City Council may continue the hearing or refer
                                                          the matter back to the Planning Commission for
                    1. A statement of the ownership       further study; provided, however, that the public
of all land involved in the PUD together with a           hearing or hearings shall be concluded within 45 days
summary of previous work experience;                      after the date of the public hearing, unless the
                                                          applicant shall consent in writing to an extension of
                    2. An explanation of the              the time. Upon conclusion of all hearings the City
general character of the planned development;             Council shall, within 30 days, make and file findings
                                                          and cause a copy thereof to be mailed to the
                  3. A general indication of the          applicant.
expected time schedule of development;
                                                                        (c) If the outline development plan is
                                                          approved or approved with modifications, the City
                                                                                                         Zoning 47


Council shall amend the zoning map to show the                          (b) In the event the plan as submitted
planned unit development and its identification          for preliminary approval is not in substantial
number. PUD numbers shall be designated in               compliance with the outline development plan, the
sequential order, for example, PUD-1, PUD-2, and         Planning Commission shall notify the applicant
the like. If the outline development plan is approved    within 45 days of the date of application, setting forth
with modifications, the City Council shall not amend     the ways in which the plan is not in compliance.
the zoning map until the applicant has filed with the
City Council written consent to the plan as modified.                        1. The applicant may treat the
Refusal of any modification shall constitute denial of   notification as denial of preliminary approval;
the plans by the City Council. Failure of the
landowner to notify the City Council of his or her                            2. The applicant may refile his
acceptance or refusal of the modification to the plan    or her plan so that it does substantially comply with
constitutes acceptance of these conditions. No           the outline development plan; and
building permits may be issued on land within the
PUD until final plans for the development have been                          3. The applicant may file a
approved by the City Council under the procedures        written request with the Planning Commission, that it
provided in the following provisions.                    hold a public hearing on his or her request for
                                                         preliminary approval. Any hearing shall be held
            (4) Preliminary development plan             within 30 days after the request for the hearing.
approval.                                                Within 45 days of the hearing, the Planning
                                                         Commission shall either grant or deny preliminary
               (a) Following the approval of an          approval to the plan.
outline development plan, an applicant may file a
preliminary development plan with the Planning                         (c) The findings necessary for
Commission. The Planning Commission shall give           approval of both the preliminary and final
notice and provide an opportunity to be heard to each    development plans shall be based on the following
of the following:                                        and described in what respect the plan would or
                                                         would not be in the public interest:
                   1. Any person who is on record
as having appeared at the hearing on the outline                           1. The plan does not conflict
development plan;                                        with the comprehensive plan;

                    2. Any other person who has                              2. The plan is designed to form
indicated to the Planning Commission in writing that     a desirable and unified development within its own
he or she wishes to be notified; and                     boundaries;

                    3. Any property owner within                             3. The proposed uses will not
350 feet of the property designated in the outline       be detrimental to present and future land use in the
development plan. The list of names and addresses of     surrounding area;
the property owners within 350 feet shall be provided
by the applicant.
48                                          Ortonville - Land Usage


                     4. Any exceptions to the                            (a) Minor changes in the location,
standard requirements of the zoning and subdivision       siting and height of buildings and structures may be
chapters are justified by the design of the               authorized by the Zoning Administrator if requested,
development; and                                          and if caused by unforeseen circumstances.

                     5. The plan will not create an                      (b) All other changes in use,
excessive burden on parks, schools, streets and other     rearrangement of lots, blocks and open space, must be
public facilities and utilities which serve or are        authorized by the City Council under procedures
proposed to serve the PUD.                                outlined for amendment of this chapter.

         (5) Final development plan approval.                        (2) Completion of the PUD shall be
                                                          certified by the Planning Commission on the final
                (a) Within six weeks following            development plan. Thereafter, the use of land and the
approval of the preliminary development plan, the         construction, modification or alteration of any
applicant shall file with the City Council a final        buildings shall be governed by the approved final
development plan containing in final form all of the      development plan. Changes may be authorized only
information required in the preliminary development       under the procedures provided below:
plan. In its discretion and for good cause, the Council
may extend for six months the period for the filing of                   (a) Minor extensions, alterations or
the final development plan.                               modifications of existing structures may be
                                                          authorized by the Zoning Administrator if they are
               (b) The Council shall review and           consistent with the intent and purpose of the final
approve the final development plan if it is in            plan and do not increase the size of any building or
substantial compliance with the preliminary               structure by more than 10% than originally proposed
development plan. Following this, the applicant shall     in the preliminary development plan; and
record the final development plan in the manner
provided for recording subdivision plats. If the final                   (b) Changes in the use of common
development plan is not in substantial compliance,        open space of the replacement of any building
the applicant shall be requested to repeat the            substantially destroyed which exceeds the intent and
procedures outlined for the preliminary development       purposed of the final development plan may be
plan.                                                     authorized only by amendment to the final
                                                          development plan.
     (D) Amendments and control.                          (Ord. 96-603, passed 7-15-1996)

          (1) Amendments may be made in the
approved final plan when they are shown to be
required by changes in conditions that have occurred
since the final plan was approved or by changes in the
development policy of the city.
                                                                                                         Zoning 49


            GENERAL REGULATIONS                          overland flow and flow distances over surfaces
                                                         covered with vegetation, increase on-site infiltration,
                                                         replicate pre-development hydrologic conditions as
§ 150.045 PURPOSE.                                       nearly as possible, minimize off-site discharge of
                                                         pollutants to ground and surface water, encourage
      The purpose of this subchapter is to establish     filtration functions and reduce a mosquito breeding
general development standards to assure compatible       habitat. Sidewalks, paths, trails and roads are
land uses, to prevent blight and deterioration, and to   exempt.
enhance the health, safety and general welfare of the
city.                                                         (B) (1) Any person desiring to improve
(Ord. 96-603, passed 7-15-1996)                          property shall submit to the Zoning Administrator
                                                         information on the location, and dimensions of
                                                         existing and proposed buildings, location of
§ 150.046 DWELLING UNITS; BUILDINGS.                     easements crossing the property encroachments, and
                                                         any other information which may be necessary to
     (A) (1) No cellar, basement, garage, tent/          insure conformance to city ordinances.
camper or accessory building shall at any time be
used as an independent residence or dwelling unit,                 (2) All buildings shall be so placed so that
temporarily or permanently, except allowed as a          they will not obstruct future streets which may be
conditional use as set forth and regulated by §          constructed by the city in conformity with existing
150.139.                                                 streets and according to the system and standards
                                                         employed by the city.
          (2) Basements may be used as living
quarters or rooms as a portion of residential                     (3) Only one principal use shall be
dwellings.                                               permitted on a lot.

         (3) Tents, play houses or similar structures               (4) Except in the case of planned unit
may be used for play or recreational purposes.           development as provided for in § 150.030, not more
                                                         than one principal building shall be located in a lot.
         (4) Existing cellars or basements used as       The words “principal building” shall be given their
an independent dwelling unit shall have the status of    common, ordinary meaning; in case of doubt or on
a nonconforming use, subject to the provisions of §§     any question or interpretation, the decision of the
150.115 and 150.116.                                     Zoning Administrator shall be final, subject to the
                                                         right of appeal to the Planning Commission and City
          (5) Any new development that covers or         Council.
replaces surface vegetation with an impervious
surface of more than one acre or more must specify                  (5) Manufactured homes, buildings, tents
controls to minimize off-site storm water runoff,        or other structures temporarily maintained by an
maximize
50                                            Ortonville - Land Usage


individual or company on the premise associated with       § 150.048 MINING.
the work project and used exclusively to house labor
or other personnel occupied in a work project shall be          (A) The extraction of sand, gravel or other
exempt from the requirements of this chapter.              material from the land in the total amount of 400
                                                           cubic yards or more and removal thereof from the site
           (6) The manufactured homes, buildings,          without processing shall be defined as mining. The
tents or other structures shall be removed within 30       conduct of mining shall be permitted only upon
days from the completion of the work project.              issuance of a conditional use permit.
(Ord. 96-603, passed 7-15-1996) Penalty, see § 10.99
                                                                (B) The permit shall include, as a condition
                                                           thereof, a plan for a finished grade which will not
§ 150.047 LAND RECLAMATION.                                adversely affect the surrounding land or the
                                                           development of the site on which the mining is being
     (A) Under this chapter, land reclamation is the       conducted, and the route of trucks moving to and
reclaiming of land by depositing of materials so as to     from the site.
elevate the grade.                                         (Ord. 96-603, passed 7-15-1996)

    (B) All land reclamation shall be controlled
under the provisions of the State Uniform Building         § 150.049 FENCING, SCREENING AND
Code and this chapter and shall meet the following         LANDSCAPING.
minimum standards.
                                                                (A) No fence shall exceed four feet in the front
         (1) The smallest amount of bare ground is         yard or eight feet in the rear yard in height as
exposed for as short a time as feasible.                   measured from the average point between the highest
                                                           and lowest grade.
        (2) Temporary ground cover is used and
permanent ground cover, such as sod, is planted.                (B) No fence, screen or structure which
                                                           obstructs view shall be located within 25 feet of any
         (3) Methods to prevent erosion and trap           corner formed by the intersection of street or railroad
sediment are employed.                                     rights-of-way, as measured from the intersecting
                                                           property lines.
         (4) Fill is stabilized to accepted
engineering standards.                                          (C) Except as provided in division (B) above,
                                                           fences, hedges or shrubs, less than four feet in height
          (5) Final slopes for cut slopes should be a      may be located on any part of the lot.
maximum of 1:1, or 100%; fill slope 3:1, or 30%, and
grade or construction slope 5:1, or 20%.                       (D) In all zoning districts, all usable open space
(Ord. 96-603, passed 7-15-1996)                            as defined by this chapter shall be planted and
                                                           maintained in grass, sodding, shrubs or other suitable
                                                           vegetation or treatment.
                                                                                                          Zoning 51


      (E) All screening required by the provisions of     § 150.051 JUNK YARDS.
this chapter shall consist of either:
                                                               (A) Junk yards, salvage yards, automobile
          (1) A greenbelt plating strip consisting of     reduction yards, automobile recycling facilities or
vegetative cover of sufficient width and density to       automobile recycling centers shall be a conditional
provide an effective screen; or                           use only within the I-1 and I-2 districts and in no case
                                                          shall they be located so as to be plainly visible from a
          (2) A fence constructed of masonry, brick,      major road.
wood or steel which is compatible with surrounding
structures and buildings.                                      (B) Junk yards shall be effectively screened on
                                                          all sides so that the storage and operation is not
     (F) Except as provided in division (B) above,        visible from adjacent properties or streets.
fences shall be set back at least one foot from the lot   (Ord. 96-603, passed 7-15-1996) Penalty, see § 10.99
lines or upon mutual consent of the abutting property
owner(s) may be placed along the lot line.
(Ord. 96-603, passed 7-15-1996) Penalty, see § 10.99      § 150.052 PERFORMANCE STANDARDS.

                                                               (A) All uses shall comply with all federal, state
§ 150.050 NUISANCES AND BLIGHT; VISION                    and local pollution and nuisance laws and regulations,
OBSTRUCTIONS.                                             including but not limited to glare, smoke, dust, odors,
                                                          and noise.
     (A) Public nuisances and blight affecting health,
morals and decency, peace and safety are regulated in          (B) The burden of proof for compliance of
the city’s municipal ordinances, as appropriate.          appropriate performance standards shall lie with the
                                                          applicant.
     (B) Notwithstanding any part of this chapter or      (Ord. 96-603, passed 7-15-1996) Penalty, see § 10.99
any permit or variance granted, no structure, vehicle,
vegetation, fence, sign, building or any obstacle, or
any portion thereof shall be placed or retained in a      § 150.053 LIGHTING.
manner to constitute a traffic hazard or obstruct the
vision clearance of corners, curb cuts or railroad             Any lighting used to illuminate an off-street
crossings.                                                parking area, sign or structure shall be arranged as to
(Ord. 96-603, passed 7-15-1996) Penalty, see § 10.99      deflect light away from any adjoining residential
                                                          properties or uses from the public streets.
                                                          (Ord. 96-603, passed 7-15-1996) Penalty, see § 10.99
52                                           Ortonville - Land Usage


§ 150.054 PUBLIC WATER ALTERATIONS.                        § 150.071 REDUCTION REQUIREMENTS.

     (A) Any alteration which will change or                    No lot, yard or other open space shall be reduced
diminish the course, current or cross section of a         in area or dimension so as to make the lot, yard or
public water shall be approved by the Commissioner         open space less than the minimum required by this
of the Minnesota Department of Natural Resources,          chapter, and if the existing yard or other open space
in accordance with the procedures of M.S. § 105.42,        as existing is less than the minimum required, it shall
as amended.                                                not be further reduced.
                                                           (Ord. 96-603, passed 7-15-1996) Penalty, see § 10.99
     (B) This alteration includes construction of
channels and ditches; lagooning; dredging of lake or
stream bottoms for removal of muck, silt or weeds;         § 150.072 YARD REQUIREMENTS.
and filling in the lake or stream bed.
(Ord. 96-603, passed 7-15-1996)                                 (A) The minimum yard setback distances from
                                                           the appropriate lot line are set forth within the district
                                                           provisions of this chapter.
§ 150.055 DESIGN STANDARDS.
                                                                (B) Front yard setbacks.          Where existing
     The architectural appearance and function of any      structures within a block have front yard setbacks
building and site shall not be so dissimilar to the        different from those required, the front yard minimum
existing buildings or areas as to constitute a blighting   setback shall be the average of the adjacent
influence. Earth sheltered buildings are allowed if in     structures. If there is only one adjacent structure, the
compliance with all other zoning provisions                front yard minimum setback shall be the average of
promulgated pursuant to M.S. § 462.357, as it may be       the required setback and the setback of the adjacent
amended from time to time.                                 structure. In no case shall the required front yard
(Ord. 96-603, passed 7-15-1996) Penalty, see § 10.99       setback exceed 30 feet.

                                                                 (C) Corner lots. Where a lot is located at the
                                                           intersection of two or more streets, the width of the
       YARD, AREA AND BUILDING SIZE                        yard along the side street shall not be less than 30
               REGULATIONS                                 feet.

                                                                (D) Through lots. On a lot fronting on two
§ 150.070 PURPOSE.                                         parallel streets, both street lines shall be front lot lines
                                                           for applying the yard regulations of this chapter.
     The purpose of this section is to determine
minimum yard, area and building size requirements to            (E) Rear yard with alley adjoining.           In
be provided for each zoning district.                      computing the depth of a rear yard for any building
(Ord. 96-603, passed 7-15-1996)                            where the rear line of the lot adjoins an alley, one-
                                                           half
                                                                                                          Zoning 53


the width of the alley may be included as rear yard       meet the area or width requirements of this chapter
depth, in any residential district, the rear yard depth   may be utilized provided the measure of the area or
actually on the lot shall be not less than ten feet in    width are within 60% of the requirements of this
any dwelling district.                                    chapter and that due to ownership patterns, the
                                                          combining of adjacent lots to meet the requirements
     (F) Earth sheltered buildings. Computations          of this chapter is not possible.
for yard requirements shall be based upon                 (Ord. 96-603, passed 7-15-1996)
measurements from the exposed exterior surface of
the building.
                                                          § 150.074 BUILDING SIZE AND
    (G) Exceptions. The following shall not be            ARCHITECTURAL REQUIREMENTS.
considered as encroachment into yard requirements:
                                                               The following building size and architectural
          (1) Architectural projects extending not        standards shall apply to all districts unless otherwise
more than three feet into a yard area, except those       specified.
indicated below;
                                                                (A) Height exceptions. The building height
          (2) In rear yards, recreational and laundry     limits established shall not apply to belfries, cupolas,
drying equipment, trellises, balconies, breeze ways,      domes, spires, monuments, airway beacons, radio
open porches, detached outdoor living rooms, garages      towers, flag poles, chimneys or flues; nor to
and air conditioning or heating equipment; and            elevators, water tanks, poles, towers and other
                                                          structures for essential services; nor to similar
          (3) Terraces, steps, stoops or similar          structures for essential services; nor to similar
features provided, in each they do not exceed above       structures extending above the roof of any building
the height of the principal structure or extend to a      and not occupying more than 25% of the area of the
distance less than two feet from any lot line.            roof.
(Ord. 96-603, passed 7-15-1996)
                                                               (B) Architectural requirements. The following
                                                          architectural requirements shall apply to all dwellings
§ 150.073 LOT AREA REQUIREMENTS.                          in the A-O and all residential districts, except the R-3
                                                          manufactured home park district:
     (A) Minimum requirements. The minimum lot
area requirements are set forth within the district                (1) Dwellings shall exceed 18 feet in
provisions of this chapter.                               width and shall be over 30 feet in length;

     (B) Lot area with alley adjoining. In                         (2) Dwellings shall be placed on a
computing required lot area, one-half of the width,       permanent foundation forming a complete enclosure
but not exceeding ten feet of any alley or portion        under exterior walls; and
thereof abutting any lot line may be included as part
of the lot area for the computation.                               (3) Exterior walls shall have the
                                                          appearance of wood or masonry regardless of their
    (C) Lot area exception. A lot of record existing      actual composition.
upon the effective date of this chapter which does not    (Ord. 96-603, passed 7-15-1996)
2005 S-3
54                                           Ortonville - Land Usage


§ 150.075 ACCESSORY STRUCTURES, USES                        unit on the lot. For example, lap siding on the
AND EQUIPMENT.                                              dwelling unit shall make lap siding on the accessory
                                                            building mandatory, board and batten siding shall
     (A) General statements. An accessory building          make board and batten siding on the accessory
shall be considered an integral part of the principal       building mandatory. Boxed eves and rakes on
building if it is connected to the principal building by    accessory buildings shall be required where they
a covered passageway.                                       occur on the dwelling unit. If requested by the
                                                            owner, can exceed the 16 feet height to conform in
     (B) Location. No accessory structures shall be         architecture, roof pitch and appearance of that
located in the front yard.                                  residence not to exceed residence’s overall height.
                                                            Brick, stucco and stone dwellings shall justify a
      (C) Height. Accessory structures shall not            variance for an accessory building; and
exceed 16 feet in height in the R-1, R-2 and R-3
districts.                                                            (3) The exterior finish of non-garage
                                                            accessory buildings in R-1, R-2 and R-3 districts shall
     (D) Setbacks. Accessory structures shall:              match as close as possible the color of the dwelling
                                                            unit on the lot; and
         (1) Be located five feet or more from all
lot lines of adjoining lots, except as otherwise                       (4) Metal sheds more than 120 square feet
permitted within this chapter; and                          in floor area are not allowed; and

         (2) Not     be located     within    a   utility            (5) Accessory buildings shall be designed
easement.                                                   to support a 26-pound per square foot live roof load;
                                                            and
    (E) Size. No accessory building shall exceed
1,200 square feet in size.                                            (6) Metal lawn or storage sheds 120
                                                            square feet or less in floor area shall be exempt from
     (F) Building design standards.             The         these standards.
architectural design and appearance of all accessory
buildings and structures shall comply with the                   (G) Home occupations. Home occupation uses
following standards:                                        are subject to the following requirements:

          (1) In other than the A-O, R-3, B-1, B-2,                  (1) One home occupation            must    be
B-3, I-1 and I-2 districts, only asphalt shingles,          conducted entirely within a building;
asphalt roofing materials, cedar shakes, cedar
shingles, color metal roofs (excluding galvanized),                   (2) Offices, clinics, barber shops, beauty
copper roofs and rubber roofs shall be permitted as         parlors, dress shops, millinery shops, tea rooms,
roof coverings in the R-1 and R-2 residential districts;    tourist homes, animal hospitals and kennels, music
and                                                         and dance schools, or similar uses, shall require
                                                            conditional use permits;
         (2) The exterior finish of all accessory
buildings in the R-1, R-2 and R-3 districts shall
match as close as possible the exterior finish of the
dwelling
2005 S-3
                                                      Zoning                                                  55


           (3) Occupations as architects, artists,
writers, clergymen, lawyers, teachers, dressmaking             OFF-STREET PARKING AND LOADING
and similar domestic crafts shall be permitted; and

          (4) When deemed appropriate, the Zoning         § 150.090 PURPOSE AND SCOPE.
Administrator may bring the home occupation to the
attention of the Planning Commission at which time             (A) It is the purpose of this subchapter to
the Planning Commission may hold the public               provide for the regulation of and design standards for
hearings, request information or require conditions as    off-street parking facilities within the city, to
deemed necessary to bring the home occupation in          minimize congestion on the public rights-of-way, and
compliance with the performance criteria. The             to maximize the safety and general welfare of the
Planning Commission shall make a recommendation           public.
to the City Council for final consideration.
                                                               (B) No provision of any section of this chapter
     (H) Storage of solid heating fuel. Stored,           shall be less restrictive than those outlined in this
uncontained solid heating fuels, such as coal,            subchapter. The off-street parking requirements and
firewood, shall be screened from view of adjacent         off-street loading requirements of this subchapter
residential land uses. Screening shall be in              shall apply within all zoning districts.
compliance with the provisions set forth in §             (Ord. 96-603, passed 7-15-1996)
150.116(E).

     (I) Accessory buildings in R-1 districts.            § 150.091 CALCULATING SPACE.
Accessory buildings in R-1 districts on lots where a
garage is attached to the home shall be limited to one         (A) Where calculations result in requiring a
additional storage building and one non-storage           fractional space, any fraction less than one-half shall
building, so long as the total floor area does not        be disregarded and any fraction of one-half or more
exceed 1,200 square feet or result in a total lot         shall require one space.
coverage by buildings of 25% or more; a lot larger
than 15,000 square feet shall justify accessory                (B) The term “floor area” for the purpose of
buildings not to exceed 1,500 square feet and a lot       calculating the number of off-street parking spaces
larger than 25,000 square feet shall justify accessory    required shall be determined on the basis of the
buildings not to exceed 1,800 square feet; accessory      exterior floor area dimensions of the building
buildings on lots where a garage is not attached to the   structure or use times the number of floors, minus
home shall be limited to two storage buildings and        10%.
one non-storage building, with the total floor area not
to exceed 1,800 square feet or result in a total lot           (C) Should a building or structure contain two
coverage by buildings of 25% or more.                     or more types of uses, each should be calculated
(Ord. 96-603, passed 7-15-1996; Am. Ord. 98-3,            separately for determining the total off-street parking
passed 5-18-1998; Am. Ord. 04-05, passed 6-21-            spaces required.
2004; Am. Ord. 05-01, passed 1-10-05)
2005 S-3
56                                          Ortonville - Land Usage


     (D) The parking requirements for a use not                     (6) Completely dimensioned parking
specifically mentioned herein shall be the same as       layouts;
required for a use of similar nature as determined by
the Planning Commission.                                            (7) All parking spaces clearly marked;

      (E) In places of assembly in which patrons or                 (8) Owner’s name and current address;
spectators occupy benches, pews or other similar         and
seating facilities, each 18 inches of width should be
counted as one seat for the purpose of determining                  (9) The type and thickness of the paving.
requirements for off-street parking facilities under
this subchapter.                                              (B) Upon review by the Planning Commission
(Ord. 96-603, passed 7-15-1996)                          and approval by the City Council, the plan for off-
                                                         street parking shall meet the following site design
                                                         standards:
§ 150.092 SITE PLAN; CRITERIA.
                                                                    (1) All areas devoted for parking space
     (A) Except for single-family dwellings, all         and driveways shall be surfaced with materials
applications for a building or an occupancy permit       suitable to control dust and drainage as determined by
shall be accompanied by a site plan drawn to scale       the Planning Commission and City Council. All
and dimensioned indicating the location of all off-      parking areas shall be designed to control surface
street parking and loading spaces in compliance with     runoff to adjacent properties either with curbing or
the requirements of this subchapter. The plan shall be   grading techniques;
reviewed by the Planning Commission and approved
by the City Council, in accordance to the criteria                 (2) Any lighting used to illuminate off-
developed in division (B) below. The site plan           street parking areas shall be directed away from
should                                                   abutting property and public right-of-way;
include at least the following:
                                                                    (3) No sign shall be so located as to
          (1) Zoning, setbacks and statement of use;     restrict the sight, orderly operation and traffic
                                                         movement within any parking area;
          (2) North point and scale;
                                                                   (4) All parking lots shall be screened and
          (3) All adjacent streets and alleys;           landscaped from abutting residential and institutional
                                                         uses or districts by a wall, fence or densely-planted
          (4) Sidewalks, curbs, gutters and street       compact hedge or tree cover not less than five feet
trees;                                                   nor more than eight feet in height;

         (5) Entire ownership of lot or parcel being              (5) The parking area shall meet the
developed;                                               minimum design standards, and number of stalls
                                                         required within this subchapter; and
                                                                                                          Zoning 57


           (6) The parking area shall meet the             § 150.095 PARKING AND STORAGE OF
minimum setback requirements set forth in the zoning       CERTAIN VEHICLES.
district, except when the parking area abuts an
adjacent lot located in a residential district, wherein          Automotive vehicles or trailers of any kind or
the parking areas shall be setback five feet from the      type without current legal license plates, for sale or
adjacent lot line.                                         rent, or those inoperable shall not be parked or stored
(Ord. 96-603, passed 7-15-1996) Penalty, see § 10.99       on any residentially zoned property other than in a
                                                           completely enclosed building.
                                                           (Ord. 96-603, passed 7-15-1996) Penalty, see § 10.99
§ 150.093 REDUCTION AND USE OF SPACE.

      Off-street parking and loading facilities provided   § 150.096 MAINTENANCE.
to comply with the provisions of this chapter shall not
subsequently be reduced below the requirements of               It shall be the joint responsibility of the lessee
this chapter. No change of use or occupancy of land,       and/or owner of the principal use or building to
or of use or occupancy of any building shall be made       maintain in a neat and adequate manner the parking
until there is furnished sufficient parking and loading    area, striping, landscaping and screening.
spaces as required by this subchapter. In such case        (Ord. 96-603, passed 7-15-1996)
where reconstruction enlarges bulk or floor area or
other measurable unit prescribed in this subchapter,
parking and loading facilities shall be provided for       § 150.097 STALL, AISLE AND DRIVEWAY
that measurable unit beyond the original type use of       DESIGN.
structure.
(Ord. 96-603, passed 7-15-1996) Penalty, see § 10.99            (A) Except in the case of single-family and two-
                                                           family dwellings, and townhouses, parking areas shall
                                                           be designed so that circulation between parking aisles
§ 150.094 COMMERCIAL VEHICLES AND                          or driveways occurs within the designated parking lot
EQUIPMENT.                                                 and does not depend upon a public street or alley, and
                                                           design does not require backing into the public street.
      No commercial vehicles or equipment,
exceeding 9,000 pounds gross weight, shall be                  (B) Except in the case of single-family and two-
parked, stored or otherwise continued in a residential     family dwellings, and townhouses, parking areas shall
district.                                                  comply with the following standards:
(Ord. 96-603, passed 7-15-1996) Penalty, see § 10.99
58                                           Ortonville - Land Usage


           (1) No curb cut access shall be located less               (1) The building or use for which the
than 40 feet from the intersection of two or more         application is being made to utilize the off-street
street rights-of-way for residential uses, and 60 feet    parking facilities provided by another building or use
for commercial and industrial areas; and                  shall be located within 300 feet of the parking
                                                          facilities;
           (2) This distance shall be measured from
the intersection of lot lines.                                      (2) The applicant shall show that there is
                                                          no substantial conflict in the operating hours of the
     (C) Curb cut openings shall be a minimum of          two buildings or uses for which joint use of off-street
five feet from the side property line.                    parking facilities is proposed; and

     (D) All property shall be entitled to at least one            (3) The provisions of this subchapter are
curb cut. Single-family uses shall be limited to one      considered and satisfactorily met.
curb cut access per property.                             (Ord. 96-603, passed 7-15-1996)

      (E) All parking spaces shall be served by access
aisle or driveway connections to a public right-of-       § 150.099 OFF-STREET LOADING
way.                                                      FACILITIES.
(Ord. 96-603, passed 7-15-1996)
                                                               Loading space required under this subchapter
                                                          shall be at least 50 feet long and ten feet wide. The
§ 150.098 JOINT PARKING FACILITIES.                       regulations of this subchapter are not applicable in the
                                                          B-1 district. Every lot used for commercial or
     (A) Provisions of joint parking areas for several    industrial purposes and having a building or buildings
uses within the same block or same vicinity is            with a total floor area of at least 10,000 square feet
permissible provided that the number of stalls            and every lot used for office or research purposes on
required shall be the sum of the individual               which there is a building or buildings having a gross
requirements by the City Council following review of      floor area between 30,000 and 100,000 square feet,
the Planning Commission.                                  shall be provided with an off-street loading space.
                                                          One additional loading space for every 100,000
      (B) The City Council may, upon receiving a          square feet of gross floor area shall be required for
recommendation from the Planning Commission,              lots used for commercial or industrial purposes where
approve a conditional use permit for one or more          the floor area of all buildings exceeds 100,000 square
businesses to provide the required off-street parking     feet. For those uses identified in Appendix B, the
facilities by joint use of one or more sites where the    requirements set forth in that subdivision shall apply.
total number of spaces provided are less than the sum     (Ord. 96-603, passed 7-15-1996)
of the total required for each businesses, if the
following conditions are satisfactorily met:
                                                                                                           Zoning 59


§ 150.100 CENTRAL LOADING.
                                                            intent of this subchapter that all nonconforming uses
     Central loading facilities may be substituted for      shall be eventually brought into conformity.
loading berths on the individual zoning lots provided       (Ord. 96-603, passed 7-15-1996)
the following conditions are fulfilled:

     (A) Each zoning lot served shall have direct           § 150.116 CONTINUANCE AND
access to the central loading area without crossing         MAINTENANCE.
streets or alleys at grade;
                                                                 (A) Any structure or use lawfully existing upon
     (B) Total berths provided shall meet the               the effective date of this subchapter shall not be
requirements based on the sum of the several types of       enlarged, but may be continued at the size and in the
uses served. Total area of uses may be summed               manner of operation existing upon the date except as
before computing number of loading berths;                  hereinafter specified or, subsequently amended.

      (C) No zoning lot served shall be more than 500            (B) (1) Nothing in this chapter shall prevent
feet removed from the central loading zone area; and        the placing of a structure in safe condition when the
                                                            structure is declared unsafe by the Zoning
      (D) The tunnel or ramp connecting the central         Administrator providing the necessary repairs shall
loading area with the zoning lot served shall not be        not constitute more than 50% of fair market value of
less than seven feet in width and have a clearance of       the structure.
not less than seven feet.
(Ord. 96-603, passed 7-15-1996)                                     (2) The value shall be determined by the
                                                            County Assessor.

                                                                 (C) No nonconforming building, structure or
 NONCONFORMING USES AND STRUCTURES                          use shall be moved to another lot or to any other part
                                                            of the parcel, land upon which the same was
                                                            constructed or was conducted at the time of this
§ 150.115 PURPOSE.                                          chapter adoption unless the movement shall bring the
                                                            nonconformance into compliance with the
      It is the purpose of this subchapter to provide for   requirements of this chapter.
the regulation of nonconforming buildings, structures
and uses and to specify those requirements,                      (D) When any lawful nonconforming use of any
circumstances and conditions under which                    structure or land in any district has been changed to a
nonconforming buildings, structures, and uses will be       conforming use, it shall not thereafter be changed to
operated and maintained. This chapter establishes           any nonconforming use.
separate districts, each of which is an appropriate area
for the location of uses which are permitted in that             (E) A lawful nonconforming use of a structure
district. It is necessary and consistent with the           or parcel of land may be changed to lessen the
establishment of these districts that nonconforming         nonconformity of use.        Once a nonconforming
buildings, structures and uses not be permitted to          structure or parcel of land has been changed, it shall
continue without restriction. Furthermore, it is the        not thereafter be so altered to increase the
nonconformity.


2004 S-2
60                                            Ortonville - Land Usage


     (F) (1) If at any time a nonconforming
building, structure or use shall be destroyed to the       provided construction is started within 60 days of the
extent of more than 50% of its fair market value, the      effective date of this chapter.
value to be determined by the County Assessor, then
without further action by the Council, the building                  (2) The structure and use shall thereafter
and the land on which the building was located or          be a legally nonconforming structure and use.
maintained shall, from and after the date of the
destruction, be subject to all the regulations specified       (K) With respect to residential property in
by these zoning regulations for the district in which      Zones B-1, B-2, and B-3:
the land and buildings are located.
                                                                     (1) The owners of residential properties in
           (2) Any building which is damaged to an         Zones B-1, B-2, and B-3 may sell the property and
extent of less than 50% of its value may be restored       the new owner may utilize the property for either
to its former extent.                                      commercial or residential use. However, once
                                                           property is utilized for commercial use, residential
          (3) Estimate of the extent of damage or          use shall not be allowed.
destruction shall be made by the Zoning
Administrator.                                                       (2) Section 150.116(G) does not apply to
                                                           residential property on Zones B-1, B-2, and B-3. All
      (G) Whenever a lawful nonconforming use of a         other provisions of § 150.116 shall continue to apply
structure or land is discontinued for a period of six      to Zones B-1, B-2, and B-3.
months, following written notice from an authorized        (Ord. 96-603, passed 7-15-1996; Am. Ord. 03-02,
agent of the city, any future use of the structure or      passed 7-7-2003)
land shall be made to conform with the provisions of
this chapter.

     (H) Normal maintenance of a building or other            ADMINISTRATION AND ENFORCEMENT
lawful nonconforming use is permitted, including
necessary non-structural repairs and incidental
alterations which do not physically extend or              § 150.135 ZONING ADMINISTRATOR.
intensify the nonconforming use.
                                                                (A) This chapter shall be administered and
     (I) Alterations may be made to a building or          enforced by the Zoning Administrator who shall be
other lawful nonconforming residential units as a          appointed by the City Council.
conditional use when the alterations will improve the
livability thereof, provided they will not increase the         (B) The Zoning Administrator shall enforce the
number of dwelling units or size or volume of the          provisions of this chapter and shall perform the
building or increase the nonconformity.                    following duties:

     (J) (1) Any proposed structure which will,                    (1) Determine that all building permits
under this chapter, become nonconforming but for           comply with the terms of this chapter;
which a building permit has been lawfully granted
prior to the effective date of this chapter, may be                 (2) Issue certificates of occupancy for any
completed in accordance with the approved plans            use, structure or building after determination of
above;


2004 S-2
                                                        Zoning                                                  61


          (3) Maintain permanent and current                information deemed necessary for the proper review
records of this chapter, including but not limited to all   and enforcement of this chapter and any other
maps, amendments, conditional uses, variances,              applicable building codes. The fee for a building
appeals and applications thereto;                           permit shall be based upon the UBC fee schedule and
                                                            must be approved by the City Council.
          (4) Receive, file and forward all
applications for appeal, variances, conditional uses             (C) Issuance of permit. The Building Official
and other matters to the designated official bodies;        shall issue the building permit only when the plans
                                                            comply with this chapter and other applicable city
          (5) Institute in the name of the city, any        ordinances.
appropriate actions or proceedings against a violator       (Ord. 96-603, passed 7-15-1996) Penalty, see § 10.99
as provided by law;

          (6) Waive requirements for technical              § 150.137 FEES.
information when deemed appropriate or request
additional information when deemed appropriate; and             (A) The fees to be paid for each application for
                                                            an amendment to this chapter, a variance, special
          (7) Inform the applicant of all ordinances,       Planning Commission meeting or conditional use
regulations and procedures governing to applicants’         permit shall be as follows:
requests within five business days.
(Ord. 96-603, passed 7-15-1996)                                      (1) Rezoning, $100;

                                                                     (2) Variance, $40;
§ 150.136 BUILDING PERMITS.
                                                                     (3) Conditional use permit, $40; and
      (A) Scope. From and after the effective date of
this chapter, it shall be unlawful to proceed with the                (4) Planned unit development, $35 per
construction, alteration, repair, enlargement,              acre, plus fee for conditional use permit.
demolition or removal of any building or structure, or
part thereof, without first obtaining a building permit.         (B) Fees shall be payable at the time
                                                            applications are filed with the Zoning Administrator
     (B) Application. Request for a building permit         and are not refundable unless application is
shall be filed with the Building Official on an official    withdrawn prior to referral to the Planning
application form. Each application for a permit shall       Commission. There shall be no fee in the case of
be accompanied by a site and floor plans drawn to           applications filed in the public interest by members of
scale showing the dimensions of the lot to be upon.         the Council or by the Planning Commission.
The size and location of all principal and accessory
buildings and parking areas, and additional
62                                          Ortonville - Land Usage


     (C) To defray administrative costs of                record.    The failure to give mailed notice to
processing of requests for conditional uses,              individual property owners, or defects in the notice
amendments, variances or appeals a base fee per           shall not invalidate the proceedings, provided a
application shall be paid by all applicants, in           bonafide attempt to comply with this subdivision has
accordance with a fee schedule adopted by resolution      been made.
by the City Council.
(Ord. 96-603, passed 7-15-1996)                                     (3) The Planning Commission shall
                                                          consider the request and hold a public hearing. The
                                                          Zoning Administrator shall refer the application,
§ 150.138 AMENDMENTS; CONDITIONAL                         along with all related information to the Planning
USE PERMITS.                                              Commission for consideration. The applicant or a
                                                          representative thereof shall appear before the
     (A) Procedure.                                       Planning Commission in order to answer questions
                                                          concerning the proposed amendment or conditional
          (1) Requests       for   amendments      or     use.
conditional use permits, as provided within this
chapter, shall be filed with the Zoning Administrator              (4) The Planning Commission shall
on an official application form. The application shall    consider possible adverse effects of the proposed
also be accompanied by complimentary copies of            amendment or conditional use. Its judgment shall be
detailed written and graphic materials fully              based upon, but not limited to the following general
explaining the proposed change, development or use.       factors:
The Zoning Administrator shall refer the application,
along with all related information, to the City                       (a) Relationship to the city’s growth
Planning Commission for consideration and a report.       management system;

          (2) The Zoning Administrator on behalf of                     (b) The geographical area involved;
the Planning Commission, shall set a date for a public
hearing for amendments and conditional use permits.                      (c) Whether the use will tend to or
Notice of the time, place and purpose of the hearing      actually depreciate the area in which it is proposed;
shall be published in the official newspaper. Notice
shall be mailed not less than ten days to all property                  (d) The character of surrounding
owners of record according to the county assessment       area;
records, within 350 feet of the property to which the
request relates. The applicant shall be required to                     (e) The demonstrated need for the
provide a list of property owners and addresses within    use;
350 feet of affected property. A copy of the notice
and a list of the property owners and addresses to                     (f) The public need for additional
which the notices were sent shall be attested to by the   land space for the requested use in the location
Zoning Administrator and made part of the official        requested;

                                                                        (g) Compatibility of adjacent land
                                                          uses;
                                                                                                           Zoning 63


               (h) The possible presence and effects                          4. All signs shall be in
of noise, odors or other nuisances; and                    compliance with Chapter 151 and shall not adversely
                                                           impact adjoining or surrounding residential uses.
               (i) Availability in the present or near
future of necessary utilities and public services.                             5. Adequate off-street parking
                                                           and loading shall be provided in accordance with this
           (5) The Planning Commission and city            section. The parking and loading shall be screened
staff shall have the authority to request additional       and landscaped from abutting residential uses in
information from the applicant concerning                  compliance with § 150.049.
operational factors or to retain expert testimony with
the consent and at the expense of the applicant                                 6. The proposed water, sewer
concerning operational factors, the information to be      and other utilities shall be capable of accommodating
declared necessary to establish performance                the proposed use.
conditions in relation to all pertinent sections of this
chapter.                                                                         7. The street serving the use or
                                                           activity is of sufficient design to accommodate the
           (6) The Planning Commission shall make          proposed use or activity, and the use or activity shall
a finding of fact and recommend actions or conditions      not generate additional extra traffic to create a
relating to the request to the City Council.               nuisance or hazard to existing traffic or to
                                                           surrounding land uses.
                (a) In considering conditional use
requests, the Planning Commission shall evaluate the                           8. All access roads, driveways,
use, utilizing from the divisions below, those which       parking areas and outside storage, service or sales
are specific to the designated uses as indicated in        areas shall be surfaced or grassed to control dust and
subsection(b) below.                                       drainage.

                     1. The land area and setback                               9. All open and outdoor
requirements of the property containing a use or           storage, sales and service areas shall be screened
activity shall be the minimum established.                 from view from the public streets and from abutting
                                                           residential uses or districts.
                     2. When abutting a residential
use in a residential district, the property shall be                           10. All lighting shall be designed
screened and landscaped in compliance with §               as to have no direct source of light visible from
150.049.                                                   adjacent residential areas or from the public streets.

                    3. Where applicable, all city,                             11. The use or activity shall be
state and federal laws, regulations and ordinances         properly drained to control surface water runoff.
shall be complied with and all necessary permits
secured.
64                                              Ortonville - Land Usage


                     12. The architectural appearance                   (7) Upon receiving the report and
and functional plan of the building and site shall not        recommendation of the Planning Commission, or
be so dissimilar to the existing buildings or area as to      until 60 days after the first Planning Commission
cause impairment in property values or constitute a           meeting, at which the request was considered, the
blighting influence.                                          City Council shall place the report and
                                                              recommendation on the agenda for the next regular
                    13. Where structures combine              meeting. Reports and recommendations shall be
residential and nonresidential uses, the uses shall be        entered in and made part of the permanent written
separated and provided with individual outside                record of the City Council meeting.
access, and the uses shall not conflict in any manner.
                                                                       (8) Upon receiving the report and
               (b) The conditional use application            recommendation of the Planning Commission, the
shall comply with the minimum specific requirements           City Council shall either:
pertaining to each conditional use as stated below.
                                                                             (a) Approve or disapprove the
                     1. Apartments, boarding or               request as recommended by the Planning
lodging houses and multiple-family residences: 1, 3,          Commission, based upon whether the application
5, 6, 8, 10, 11, 12 and 13.                                   meets the requirements stated in the chapter;

                     2. Commercial recreation,                               (b) Approve or disapprove the
commercial drive-in establishments and automobile             recommendation of the Planning Commission with
service stations: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12.   modifications, alterations or differing conditions;
                                                              modifications, alterations or differing conditions shall
                     3.    Parking facilities: 2, 3, 4, 5,    be in writing and made part of the Council’s records;
7, 8, 10 and 11.
                                                                              (c) Refer the recommendation back
                   4. Public, quasi-public                    to the Planning Commission for future consideration.
buildings and uses and cemeteries: 1, 5, 6, 7, 8, 10          This procedure shall be followed only one time on a
and 12.                                                       singular action. Approval of a request shall require
                                                              passage by two-thirds vote of the full City Council.
                     5.    Mining: 3, plus provisions in      The Zoning Administrator or City Clerk/
§ 150.048.                                                    Administrator shall notify the applicant of the
                                                              Council’s action. In order to comply with the
                (c) All conditions pertaining to a            provisions of M.S. § 15.99, as it may be amended
specific site are subject to change when the Planning         from time to time, the City Council shall either
Commission or City Council, upon investigation,               approve or deny an application within 60 days after
finds that the community safety, health, welfare and          the completed application is filed, unless the Council
public betterment can be served as well or better by          determines within that 60-day period that an
modifying the conditions.                                     additional 60 days is necessary and informs the
                                                              applicant of its
                                                                                                         Zoning 65


decision to and the reasons for extending the first 60-             (1) An amendment to this chapter may be
day period by an additional 60 days. The failure of a     one of the following:
vote to approve an application shall not be deemed to
be a denial of the application. A motion to deny the                     (a) A change in a district’s boundary
application must be adopted; or                           or rezoning;

                (d) The recommendation of the                            (b) A change in district’s regulation;
Planning Commission shall be advisory to the City         or
Council. The decision of the City Council shall be
final subject to judicial review.                                         (c) A change in any other provision
                                                          of this chapter.
      (B) Lapse of conditional use permit by non-use.
Whenever within one year after granting a                            (2) The City Council, by a majority vote,
conditional use permit, the work as permitted by the      except in the case of the adoption or amendment of
permit shall not have been completed, then the permit     any portion of this code which changes all or part of
shall become null and void unless a petition for          the existing classification of a zoning district from
extension of time in which to complete the work has       residential to either commercial or industrial, then by
been granted by the City Council. The extension           a two-thirds vote of its members, after the hearing,
shall be requested in writing and filed with the          adopt a new zoning ordinance without the written
Zoning Administrator or City Clerk/Administrator at       consent whenever the Planning Commission shall
least 30 days before the expiration of the original       have made a survey of the whole area of the city or of
conditional use permit. There shall be no charge for      an area of not less than 40 acres, within which the
the filing of the petition. The request for extension     new ordinance or the amendments or alterations of
shall state facts showing a good faith attempt to         the existing ordinance would take effect when
complete the work permitted in the conditional use        adopted, and shall have considered whether the
permit. The petition shall be presented to the            number of real estate properties affected by the
Planning Commission for a recommendation and to           changes and alterations renders the obtaining of the
the City Council for a decision and shall be requested    written consent impractical, and the Planning
only one time on a singular action.                       Commission shall report in writing as to whether in
                                                          its opinion the proposals of the City Council in any
      (C) Amendments. The City Council or Planning        case are reasonable related to the overall needs of the
Commission may, upon their own motion, initiate a         community, to existing land use, or to a plan for
request to amend the text or the district boundaries of   future land use, and shall conduct a public hearing on
this chapter. Any person owning real estate within        the proposed ordinance, changes or alterations.
the city may initiate a request to amend the district
boundaries or text of this chapter so as to affect the         (D) Initiation of proceedings. Proceedings for
real estate. All amendment requests must first be         amending this chapter shall be initiated by at least
reviewed by the Planning Commission.                      one of the following three methods:
66                                            Ortonville - Land Usage


         (1) By petition of the owner or owners of         § 150.139 VARIANCES AND APPEALS.
property which is proposed to be rezoned;
                                                                (A) Board of Adjustment and Appeals. A Board
        (2) By recommendation of the Planning              of Adjustment and Appeals is hereby created which
Commission; and/or                                         shall be the Planning Commission appointed by the
                                                           Mayor with the approval of the City Council. Each
            (3) By action of the City Council.             member shall serve for a term of three years and until
                                                           his or her successor is appointed and qualified, but of
    (E) Required exhibits for rezoning initiated by        the members first appointed pursuant to this chapter;
property owners.                                           two shall serve for terms of one year, two for term of
                                                           two years, and one for a term of three years.
            (1) Proof of ownership or intent to own        Vacancies shall be filled by the Mayor with approval
property;                                                  of the City Council for the unexpired portion of the
                                                           term. Any appointed member may be removed by the
            (2) Registered land survey; and                Mayor with the approval of the City Council for
                                                           cause. The Board of Adjustment and Appeals shall
          (3) A list of names and addresses of             have the following powers:
property owners within 350 feet of affected property.
                                                                     (1) To hear and decide appeals where it is
     (F) Performance bond. The Planning                    alleged that there is an error in any order,
Commission and City Council shall have the                 requirement, decision or determination made by an
authority to require a performance bond or other           administrative official in the enforcement of this
security when it is deemed necessary and appropriate.      chapter; and

           (1) Except in the case of non-income                       (2) To hear requests for variances from the
producing residential property, upon approval of a         literal provisions of this chapter in instances where
conditional use permit the city may be provided with       their strict enforcement would cause undue hardship
a surety bond, cash escrow, certificate of deposit,        because of circumstances unique to the individual
securities or cash deposit prior to the issuing of         property under consideration. Undue hardship shall
building permits or initiation of work on the proposed     be defined as provided in M.S. § 462.357, subd. 6(1),
improvements or development. The security shall            as it may be amended from time to time.
guarantee conformance and compliance with the
conditions of the conditional use permit and the                (B) Procedures on variances.
ordinances of the city.
                                                                     (1) The applicant for a variance shall
          (2) The security may be in the amount of         complete and submit to the Zoning Administrator for
the City Council’s estimated costs of labor and            a variance, together with a fee established by the City
materials for the proposed improvements of                 Council. In addition to the fee, the applicant shall
development. The project can be handled in stages          sign an agreement, on forms provided by the city to
upon the discretion of the City Council.                   pay the cost of all engineering, planning, legal and
(Ord. 96-603, passed 7-15-1996)                            inspection expenses incurred by the city in processing
                                                                                                        Zoning 67


the application. The application shall contain the       vote to approve an application shall not be deemed to
names and mailing addresses of all property owners       be a denial of the application. A motion to deny the
within 350 feet of the subject property.                 application must be adopted.

          (2) The Zoning Administrator shall                       (6) The Planning Commission shall make
determine that all information required by division      a finding of fact and recommend the actions or
(A)(1) above has been provided, before writing the       conditions relating to the request to the Board of
finding of fact and presenting the application to the    Adjustment and Appeals. The findings shall be
Board of Adjustment and Appeals.                         entered in and made a part of the written record of the
                                                         Board of Adjustment and Appeals.
          (3) The Board of Adjustment and Appeals
shall hold a public hearing on the proposed variance.              (7) Upon receiving the report and
Notice of the time, place and subject matter of the      recommendation of the Board of Adjustment and
proposed variance shall be published in the official     Appeals, the City Council shall either:
newspaper. Property owners within 350 feet of the
subject property shall receive a copy of the notice by                  (a) Approve or disapprove the
mail. The notices shall be published and mailed ten      request as recommended by Board of Adjustment and
days before the public hearing. Failure to receive a     Appeals;
notice shall not invalidate the proceedings.
                                                                       (b) Approve or disapprove the
          (4) On behalf of the Board of Adjustment       recommendation of the Board of Adjustment and
and Appeals, the Zoning Administrator shall make         Appeals with modifications, alterations or differing
written finding of fact and recommendations on the       conditions; modifications, alterations or differing
proposed variance to the Planning Commission, the        conditions shall be in writing and made part of the
Board of Adjustment and Appeals, and to the City         Council’s records;
Council.
                                                                        (c) Refer the recommendation back
           (5) The City Council shall approve or         to the Board of Adjustment and Appeals for further
deny the proposed variance following referral by the     consideration; followed only one time on a singular
Board of Adjustment and Appeals. In order to             action; and/or
comply with the provisions of M.S. § 15.99, as it may
be amended from time to time, the City Council shall                    (d) Approval of variances or appeals
either approve or deny an application within 60 days     shall require passage by two-thirds vote of the full
after the completed application is filed, unless the     City Council. The Zoning Administrator shall notify
Council determines within that 60-day period that an     the applicant of the Council’s action.
additional 60 days is necessary and informs the
applicant of its decision to and the reasons for                 (8) The decisions of the Board of
extending the first 60-day period by an additional 60    Adjustment and Appeals shall be advisory to the City
days. The failure of a
68                                          Ortonville - Land Usage


Council. The decisions of the City Council shall be            (D) Conditions and restrictions. In granting a
final subject to judicial review.                         variance the Board of Adjustment and Appeals may
                                                          recommend and the City Council may impose
     (C) Standards for granting variances. A              additional conditions and restrictions which are
variance may be granted only in the event that the        reasonably necessary to insure compliance with all
applicant demonstrates by factual presentation that all   provisions of this chapter, and with the language and
of the following circumstances exist:                     intent of the comprehensive plan, and to protect
                                                          adjacent properties.
          (1) The literal interpretation of the
provisions of this chapter would cause undue                   (E) Finding of fact. In considering all requests
hardship, as defined by M.S. § 462.357, subd. 6(1), as    for a variance or appeal, the City Council shall make
it may be amended from time to time, deprive the          a finding of fact as appropriate that the proposed
applicant of rights commonly enjoyed by other             action will not:
properties in the same district under the terms of this
chapter and leave the applicant with no reasonable                   (1) Impair an adequate supply of light and
use of the land, provided that the hardship shall not     air to adjacent property;
have been created by the applicant;
                                                                    (2) Unreasonably increase the congestion
          (2) The conditions causing the hardship         in the public right-of-way;
are unique and are not shared by neighboring
property in the same zoning district. Exceptional or                (3) Increase the danger of fire or endanger
extraordinary circumstances apply to the property         the public safety;
which do not apply generally to other properties in
the same zoning district and result from lot size or                (4) Unreasonably diminish or impair
shape, topography or other circumstances over which       established property values within the neighborhood;
the owners of the property since enactment of this
chapter had no control;                                             (5) Cause an unreasonable strain upon
                                                          existing municipal facilities and services;
           (3) The variance would be in keeping with
the spirit and intent of the chapter, would be                      (6) Be contrary in any way to the spirit
consistent with the comprehensive plan, and would         and intent of this chapter; and
not essentially alter the character of the
neighborhood, or adversely affect the environmental                 (7) Have a negative direct and indirect
equality of the area; and                                 fiscal impact upon the city, county or school district,
                                                          unless the proposed use is determined to be in the
           (4) The variance would not allow any use       public interest.
that is not permitted under the chapter for a property
in the zoning district where the affected applicant’s          (F) Appeals procedures. Any person wishing
land is located.                                          to appeal an order, requirement, decision or
                                                                                                         Zoning 69


determination made by an administrative officer in             (H) Performance bond. The Planning
enforcement of this chapter shall complete and            Commission shall have the authority to require a
submit to the Zoning Administrator for Appeal within      performance bond or other securities when it is
30 days after the date of the order or decision in        deemed necessary and appropriate.
question. The application for appeal shall contain a
complete statement of the order, requirement,                        (1) Except in the case of non-income
decision or determination, the name of the                producing residential property, upon approval of a
administrative officer involved, and a concise            variance or appeal the city may be provided with a
statement of the alleged error committed.                 surety bond, cash escrow certificate of deposit,
                                                          securities or cash deposit prior to the issuing of
          (1) The Zoning Administrator shall              building permits or initiation of work on the proposed
determine that the application contains all               improvements or development. The security shall
information required by this section, before              guarantee conformance and compliance with the
presenting the application to the Board of Adjustment     conditions of the variance or appeal and the
and Appeals.                                              ordinances of the city.

           (2) The Board of Adjustment and Appeals                  (2) The security may be in the amount of
shall review the application and make written             the City Council’s estimate costs of labor and
findings of fact to the City Council.                     materials for the proposed improvements or
                                                          development.
         (3) The City Council shall grant or deny
the appeal request after receiving the                             (3) The city may hold the security until
recommendation of the Board of Appeals.                   completion of the proposed improvements or
                                                          development and a certificate of occupancy indicating
      (G) Lapse of variance or appeal. Whenever           compliance with the variance or appeal and
within one year after granting a variance or appeal the   ordinances of the city has been issued by the City
work as permitted by the variance or appeal shall not     Zoning Administrator.
have been completed, then the variance or appeal
shall become null and void unless a petition for                    (4) Failure to comply with the conditions
extension of time in which to complete the work has       or the variance or appeal and/or ordinances of the city
been granted by the City Council. The extension           should result in forfeiture of the security.
shall be requested in writing and filed with the          (Ord. 96-603, passed 7-15-1996)
Zoning Administrator at least 30 days before the
expiration of the original variance or appeal. There
shall be no charge for the filing of the petition. The    § 150.140 ENVIRONMENTAL REVIEW
request for extension shall state facts showing a good    PROGRAM.
faith attempt to complete the work permitted in the
variance or appeal. The petition shall be presented to         The purpose of the Environmental Review
the Planning Commission for a recommendation and          Program section is to provide for the preparation and
to the City Council for a decision, and shall be          review of environmental assessment worksheets
requested only one time on a singular action.
70                                            Ortonville - Land Usage


(EAW), environmental impact statements (EIS), and                     (4) Foster civic pride in the beauty and
other environmental documents required under M.S.           notable accomplishments of the past; and
§§ 116D.04 (2) and 116D.01 (1974), as amended, to
implement the Environmental Review Program in                        (5) Promote the preservation and
accordance with 6 MCAR 3.021 to 3.047.                      continued use of historic sites and structures for the
(Ord. 96-603, passed 7-15-1996)                             education and general welfare of the people of the
                                                            City of Ortonville.
                                                            (Ord. 04-08, passed 11-15-04)

  HERITAGE PRESERVATION COMMISSION
                                                            § 150.151 DEFINITION.

§ 150.150 DECLARATION OF PUBLIC                                  For the purpose of this subchapter, the following
POLICY AND PURPOSE.                                         definition shall apply unless the context clearly
                                                            indicates or requires a different meaning.
     (A) As a matter of public policy, the City
Council hereby declares that the preservation,                   HERITAGE PRESERVATION SITE. Any
protection, perpetuation and use of areas, places,          area, place, building, structure, land, district or other
buildings, structures and other objects having a            object that has been duly designated a HERITAGE
special historical, community or aesthetic interest or      PRESERVATION SITE pursuant to § 150.153(G).
value is a public necessity, and is required in the         (Ord. 04-08, passed 11-15-04)
interest of the health, prosperity, safety and welfare of
the community.
                                                            § 150.152 HERITAGE PRESERVATION
     (B) The purposes of this subchapter are to:            COMMISSION ESTABLISHED.

           (1) Safeguard the heritage of the city by             (A) Members.
preserving sites and structures that reflect elements of
the city's cultural, social, economic, political, visual              (1) There is hereby created and established
or architectural history;                                   a City Heritage Preservation Commission
                                                            (hereinafter, the "Commission"), which shall consist
          (2) Protect and enhance the city's appeal         of seven voting members to be appointed by the
and attraction to residents, visitors and tourists, and     Mayor, by and with the advise and consent of the
serve as a support and stimulus to business and             City Council.
industry;
                                                                     (2) The Chair of the Planning
          (3) Enhance the visual and aesthetic              Commission, or his or her designee, and the City
character, diversity and interest of the city;              Planner shall be ex-officio non-voting members of
                                                            the Commission.
2008 S-5
                                                        Zoning                                                   70A


    (B) Term.                                               such bylaws as it may deem advisable and necessary
                                                            for the conduct of its affairs, and which are not
          (1) The Mayor and Council shall initially         inconsistent with city and state laws.
designate:
                                                                        (4) The Commission shall make an annual
              (a) One appointee to serve a term of          report to the City Council, containing a statement of
one year;                                                   its activities and plans.

              (b) Two appointees, each to serve a                (D) Program assistance. To accomplish the
term of two years; and                                      intent and purpose of this subchapter, the city shall
                                                            provide the Commission with staff support to perform
               (c) Two appointees, each to serve a          the duties prescribed herein.
term of three years.                                        (Ord. 04-08, passed 11-15-04; Am. Ord. 08-02,
                                                            passed 8-4-2008)
          (2) All subsequent appointments shall be
for terms of three years.
                                                            § 150.153 DESIGNATION OF HERITAGE
         (3) Members may be reappointed for                 PRESERVATION SITES.
consecutive terms.
                                                                 (A) Reports. Upon request of the Commission,
          (4) In the event of a vacancy, the vacancy        the City Council may direct the city staff to prepare
for the unexpired term shall be filled in the same          studies that catalog buildings, lands, areas, districts or
manner as the appointment is made.                          other objects to be considered for designation as
                                                            heritage preservation sites.
          (5) Members shall serve without
compensation, and shall continue to hold office until            (B) Criteria.
their successors have been appointed.
                                                                      (1) The Commission shall recommend to
    (C) Organization.                                       the City Council areas, buildings, districts or objects
                                                            to be designated heritage preservation sites.
          (1) When formed, the Commission shall
elect from its members such officers as it may deem                   (2) In considering the designation of
necessary.                                                  heritage preservation sites, the Commission shall
                                                            apply the following criteria:
          (2) The Commission shall have the power
to designate and appoint from its members various                           (a) Its character, interest or value as
committees.                                                 part of the development heritage or cultural
                                                            characteristics of the city, the state, or the United
           (3) For the purpose of carrying out the          States;
intent of this subchapter, the Commission shall make
                                                                            (b) Its location as a site of a
                                                            significant historic event.
2008 S-5
70B                                          Ortonville - Land Usage


              (c) Its identification with a person or                   (b) The recommendation shall
persons who significantly contributed to the city’s       become part of the official record concerning the
culture and development.                                  proposed designation, and shall be submitted by the
                                                          Commission to the City Council, along with its
                (d) Its embodiment of distinguishing      recommendation concerning the proposed
characteristics of an architectural style, period, form   designation.
or treatment.
                                                                         (c) In consideration of the
               (e) Its identification as work of an       recommendations of the Planning Commission, the
architect or master builder whose individual work has     Commission may make such modifications, changes
influenced the city’s development.                        and alterations concerning the proposed designation
                                                          as it deems necessary.
                (f) Its embodiment of elements of
architectural design, detail, materials or                     (D) Communications with the state historical
craftsmanship that represent a significant                society. In accordance with Minnesota statutes, a
architectural innovation.                                 copy of the Commission's proposed designation of a
                                                          heritage preservation site, including its boundaries
               (g) Its unique location or singular        and a program for its preservation, shall be sent to the
physical characteristic representing an established       state historical society.
and familiar visual feature of a neighborhood,
community or the city.                                         (E) Hearings.

      (C) Planning Commission review.                               (1) Prior to recommending to the City
                                                          Council any building, district or object for
          (1) The Commission shall advise the             designation as a heritage preservation site, the
Planning Commission of the proposed designation of        Commission shall hold a public hearing and seek the
a heritage preservation site, including its boundaries    recommendations of all concerned citizens.
and a program for its preservation.
                                                                    (2) Prior to such hearing, the Commission
           (2) The Commission shall secure from the       shall:
Planning Commission’s recommendation with respect
to the relationship of the proposed heritage                              (a) Cause to be published, in a
preservation designation to the comprehensive plan,       newspaper of general circulation at least 30 days prior
and its opinion as to the effect of the proposed          to the date of the hearing, a notice of the hearing; and
designation upon the surrounding neighborhood and
any other planning consideration that may be relevant                    (b) Have notice sent to:
to the proposed designation.
                                                                             1. All owners of the property
              (a) The Planning Commission shall           proposed to be designated a historic preservation site;
also recommend the approval, rejection or                 and
modification of the proposed designation.
2005 S-3
                                                        Zoning                                                 70C


                     2. All property owners within               (H) Eminent domain. After review and
300 feet of the boundary of the area to be designated       comment by the City Planning Commission, the
a historic preservation site.                               Commission may recommend to the City Council that
                                                            certain property eligible for designation as a heritage
      (F) Findings and recommendations.                     preservation site be acquired by gift, negotiation or
                                                            eminent domain, as provided for in M.S. Chapter 117.
          (1) The Commission shall determine if the         (Ord. 04-08, passed 11-15-04)
proposed heritage preservation site is eligible for
heritage preservation, as determined by the criteria
specified in division (B).                                  § 150.154 ADDITIONAL POWERS AND
                                                            DUTIES OF THE COMMISSION.
          (2) If the Commission recommends to the
City Council that the site be designated for heritage           In addition to those specified elsewhere in this
preservation, the Commission shall transmit its             subchapter, the Commission shall have the following
recommendation to the City Council, along with its          powers and duties:
proposed program for the preservation of the site.
                                                                 (A) The Commission shall conduct a continuing
      (G) Council designation hearings.                     survey of all areas, places, buildings, structures or
                                                            objects in the city, which the Commission, on the
          (1) Upon the request of the Commission,           basis of information available or presented to it, has
the City Council may by ordinance designate a               reason to believe are significant to the city’s culture,
heritage preservation site.                                 social, economic, political or architectural history.

          (2) Prior to such designation, the City                 (B) The Commission shall continually survey
Council or one of its committees shall hold public          all areas to determine needed and desirable
hearings.                                                   improvements of older buildings throughout the city,
                                                            acting in a resource and advisory capacity to owners
                (a) Notice shall be published in a          of historically significant sites regarding their
newspaper of general circulation at least 30 days prior     preservation, restoration and rehabilitation.
to the date of the hearing.
                                                                 (C) (1) The Commission shall work for the
               (b) Notice of the hearing shall be sent      continuing education of citizens with respect to the
to:                                                         civic and architectural heritage of their city.

                   1. All owners of property that is                  (2) It shall keep current a public register of
proposed to be designated a heritage preservation           designated and proposed heritage preservation sites
site; and                                                   and areas, along with the plans and programs that
                                                            pertain to them.
                    2. All property owners within
300 feet of the boundary of the area to be designated
a heritage preservation site.
2005 S-3
70D                                            Ortonville - Land Usage


     (D) (1) The Commission may recommend to                                (c) Signs;
the city the acceptance of gifts and contributions to be
made to the city.                                                           (d) Moving of buildings;

           (2) The Commission may assist the city                           (e) Demolition, in whole or in part.
staff in the preparation of applications for grant funds     This does not apply to structures required to be
to be made through the city for the purpose of               demolished in accordance with M.S. Chapter 463.
heritage preservation.
                                                                       (2) The application shall be accompanied
           (3) Any contributions or gifts will be            by detailed plans, including a site plan, building
expended in the manner provided through the city’s           elevations and design details and materials as
fiscal policy.                                               necessary to evaluate the request.

     (E) The Commission may on a continuing basis                      (3) Besides the site alteration permit, the
collect and review certain city planning and                 regular city permits shall be required.
development records, documents, studies, models,
maps, plans and drawings to be entered into the                   (B) City activity. The Commission shall review
County Museum Historical Archives as a permanent             and make recommendations to the City Council
record of city history and development.                      concerning city activity that could change the nature
                                                             or appearance of a heritage preservation site.
      (F) The Commission shall make no application
to the National Register or to the State of Minnesota             (C) Preservation program.
for the designation of a historic site or district without
the consent of the City Council.                                       (1) All decisions of the Commission with
(Ord. 04-08, passed 11-15-04)                                respect to this section shall be in accordance with the
                                                             approved program for the rehabilitation of each
                                                             heritage preservation site.
§ 150.155 REVIEW OF PERMITS.
                                                                       (2) The following guidelines shall be used
      (A) Site alteration permit.                            to evaluate applications for site alteration permits:

           (1) The Commission shall review and                                (a) Every reasonable effort shall be
recommend approval or disapproval of the issuance            made to provide a compatible use for a property that
of a site alteration permit to do any of the following       requires minimal alteration of the building, structure,
in a heritage preservation site in the city:                 or site and its environment, or to use a property for its
                                                             originally intended purposes.
               (a) Remodel, alter or repair in any
manner, including a paint color that will change the                        (b) 1. The distinguishing original
exterior appearance of a historic building or in a site;     qualities or character of a building, structure or site
                                                             and its environment shall not be destroyed.
               (b) New construction;
2005 S-3
                                                        Zoning                                                  70E


                     2. Whenever possible, the
removal or alteration of any historic material or           architectural elements from other buildings or
distinctive architectural features should be avoided.       structures.

                (c) 1. All buildings, structures and                       (g) 1. The surface cleaning of
sites shall be recognized as products of their own          structures shall be undertaken with the gentlest means
time.                                                       possible.

                     2. Alterations that have no                                 2. Sandblasting  and     other
historical basis and seek to create an earlier              cleaning methods that will damage historic building
appearance shall be discouraged.                            materials shall not be undertaken.

               (d) 1. Changes that may have taken                          (h) Contemporary          design       for
place in the course of time are evidence of the history     alterations and additions to existing properties shall
and development of a building, structure or site and        not be discouraged when such alterations do not
its environment.                                            destroy significant historical, architectural or cultural
                                                            material, and such design is compatible with the size,
                    2. The changes may have                 scale, color, material and character of the property,
acquired significance in their own right, and this          neighborhood or environment.
significance shall be recognized and respected.
                                                                            (i) Whenever possible, new additions
               (e) Distinctive stylistic features or        or alterations to structures shall be done in such a
examples of skilled craftsmanship that characterize a       manner that, if such additions or alterations were to
building, structure or site shall be treated with           be removed in the future, the essential form and
sensitivity.                                                integrity of the structure would be unimpaired.
                                                            (Ord. 04-08, passed 11-15-04)
                (f) Whenever possible, deteriorated
architectural features shall be repaired rather than
replaced.                                                   § 150.156 FINDINGS.

                    1. In the event replacement is                Before approving any permit application
necessary, the new material should match the material       required under § 150.155, the Commission shall
being replaced in composition, design, color, texture       make findings based on the program for preservation
and other visual qualities.                                 and architectural control for the heritage preservation
                                                            site in regard to the following:
                     2. Repair or replacement of
missing architectural features should be based on                (A) In the case of a proposed alteration or
accurate duplications of features, substantiated by         addition to an existing building, that such an
historic, physical or pictorial evidence, rather than on    alteration or addition will not materially impair the
conjectural designs or the availability of different        architectural or historic value of the building, and
                                                            shall make written findings considering the existing
                                                            structures and
2005 S-3
70F                                          Ortonville - Land Usage


existing exterior appearance, building height,
building width, depth or other dimensions, roof style,    approved nor denied the building permit application,
type of building materials, ornamentation, and paving     the plans and permit application shall be deemed to
setback.                                                  have been approved by the Commission; and if all
                                                          other requirements of the City have been met, the
     (B) In the case of the proposed demolition of a      Division of Housing and Building Code Enforcement
building, prior to approval of the demolition, the        shall authorize a permit for the proposed work.
Commission shall make written findings on the
following:                                                     (B) No permit shall issue or work commence in
                                                          the event the Commission disapproves the application
          (1) The architectural and historic merit of     in accordance with this subchapter.
the building;                                             (Ord. 04-08, passed 11-15-04)

         (2) The effect of the proposed demolition
on surrounding buildings;                                 § 150.158 EMERGENCY REPAIR.

           (3) In the case of a partial demolition, its        (A) In emergency situations where immediate
effect of any new proposed construction on the            repair is needed to protect the safety of the structure
remainder of the building and surrounding buildings;      and its inhabitants, the Division of Housing and
                                                          Building Code Enforcement may approve the repair
          (4) The economic value or usefulness of:        without prior Commission action.

               (a) The building as it now exists; or           (B) In the case of a permit issued pursuant to
                                                          this section, the Division of Housing and Building
               (b) If altered or modified, any            Code Enforcement shall immediately notify the
proposed structures designated to replace the present     Commission of its action, and specify the facts or
building or buildings.                                    conditions constituting the emergency situation.
                                                          (Ord. 04-08, passed 11-15-04)
     (C) In the case of a proposed new building, that
such building will not in itself, or by reason of its
location on the site, materially impair the               § 150.159 APPEAL TO THE CITY COUNCIL.
architectural or historic value of buildings either on
adjacent sites or in the immediate vicinity of the             (A) The permit applicant or any party aggrieved
historic preservation site.                               by the decision of the Commission shall, within ten
(Ord. 04-08, passed 11-15-04)                             days of the date of the Commission's order and
                                                          decision, have a right to appeal such order and
                                                          decision to the City Council.
§ 150.157 LIMITATIONS.
                                                               (B) (1) The appeal shall be deemed perfected,
    (A) If within 45 days of the filing of building       upon receipt by the City Clerk of two copies of a
permit application the Commission has neither             notice of appeal and a statement setting forth the
                                                          grounds for the appeal.
2005 S-3
                                                        Zoning                                                  70G


          (2) The City Clerk shall transmit one copy        designated heritage preservation site who violates the
of the notice of appeal and statement to the City           provisions of this subchapter shall be guilty of a
Council, and one copy to the Commission.                    misdemeanor.

     (C) (1) In any written order denying a permit                     (2) Any architect, builder, contractor,
application, the Commission shall advise the                agent, person or corporation who assists in the
applicant of his or her right to appeal to the City         commission of a violation of this subchapter shall be
Council.                                                    guilty of a misdemeanor.

          (2) A paragraph to this effect shall be                 (B) Each day a separate violation. For each
included in all such orders.                                such day an owner or occupant of any area, place,
(Ord. 04-08, passed 11-15-04)                               building, structure or other object within a duly
                                                            designated heritage preservation site allows any work
                                                            to be performed on any area, place, building,
§ 150.160 REPOSITORY FOR DOCUMENTS.                         structure or other object in violation of this
                                                            subchapter, it shall constitute a separate violation, and
    The Office of the City Clerk is designated as the       it shall be punishable as such.
repository for at least one copy of all studies, reports,
recommendations and programs required under this                 (C) Violation declared a nuisance.
subchapter.
(Ord. 04-08, passed 11-15-04)                                         (1) A heritage preservation site on which
                                                            there exists any remodeling, repairing, construction or
                                                            a building moved in violation of this subchapter, is
§ 150.161 RECORDING OF HERITAGE                             hereby declared a nuisance.
PRESERVATION SITES.
                                                                      (2) The imposition of the penalties herein
     The Office of the City Clerk shall record with         prescribed shall not prevent the city from instituting
the County Recorder the legal description of all            an appropriate action, or proceeding to prevent an
buildings, lands or areas designated as heritage            unlawful remodeling, repair, construction, building,
preservation sites by the City Council, and shall           building moving or demolition, or to restrain, correct
transmit a copy of such legal descriptions to the           or abate a violation.
Division of Housing and Building Code Enforcement.          (Ord. 04-08, passed 11-15-04)
(Ord. 04-08, passed 11-15-04)                               Cross-reference:
                                                                 Nuisances, see §§ 94.15 et seq.


§ 150.162 PENALTY.

     (A) Violation a misdemeanor.

          (1) An owner or occupant of any area,
place, building, structure or other object within a duly
2005 S-3
70H   Ortonville - Land Usage
                                                      Zoning                                             71


                               APPENDIX A: PARKING AREA STANDARDS


     Except in the case of a single-family and two-family dwelling and townhouse, parking areas shall comply
with the following standards.


       Angle of Parking              Stall Width (feet)    Stall Depth (feet)   Minimum Driveway Width

   Zero degrees, along curb                 10                    10*                     12

           30 degrees                       10                    19                      11

           45 degrees                       10                    21                      13

           60 degrees                       10                    22                      18

           90 degrees                       10                    19                      24

 Note To Table:
 * - Parallel parking: 22 feet in length.


(Ord. 96-603, passed 7-15-1996)
72   Ortonville - Land Usage
                                                 Zoning                                                          73


                          APPENDIX B: PARKING AND LOADING SPACES


   The following minimum number of off-street parking and loading spaces shall be provided and maintained.


                  Use                          Parking Spaces                     Loading and Unloading
                                                                                         Spaces

                                            Residential Uses

Single-family                               2 spaces per dwelling                            NA

Two-family                                2 spaces per dwelling unit                         NA

Elderly housing                           ½ space per dwelling unit                          NA

Multiple-family                          1½ spaces per dwelling unit                         NA

                                            Institutional Uses

Auditorium, stadium, gymnasium,       1 space for each 4 permanent seats       1 space for each structure over
community centers and religious      in the largest place of assembly, plus     100,000 sq. ft. of gross floor
institution (private or public)       1 space for each 250 sq. ft. of gross                 area
                                                   office area

Hospitals, rest homes, nursing       1 space for each 4 beds, plus 1 space      1 space for 100,000 sq. ft. of
homes, etc.                             per 2 employees on major shift                gross floor area

Schools                               As recommended by the Minnesota                        NA
                                           Department of Education

                                            Commercial Uses

Commercial uses, except as below     5 spaces per 1,000 sq. ft. of retail or   1 space for the first 10,000 sq.
                                               sales floor area                  ft. of gross floor area and 1
                                                                               space for each 50,000 sq. ft. of
                                                                                        gross floor area
74                                      Ortonville - Land Usage



                  Use                           Parking Spaces                    Loading and Unloading
                                                                                         Spaces

 Automobile car wash                  5 spaces, plus 5 for each wash line                     NA

 Animal hospitals and kennels         6 spaces, plus 1 space for each 200                     NA
                                     sq. ft. of gross floor area over 10,000
                                                       sq. ft.

 Automobile service stations         3 spaces for each service stall, plus 1                  NA
                                        space for each attendant on the
                                                  major shift

 Bowling alleys                         5 spaces for each lane or alley         1 space for each structure over
                                                                               20,000 sq. ft. in gross floor area

 Commercial uses with 50% or more    1 space per 200 sq. ft. of gross floor     Same as commercial use
 of floor area devoted to storage,   area devoted to sales or service, plus requirements for that portion
 warehouse and/or industry           1 space per 500 sq. ft. of storage area used for commercial purposes;
                                                                              additional space for storage
                                                                                        required

 Drive-in restaurants                   5 spaces for each 100 sq. ft. of                      NA
                                                business area

 Furniture, automobile, marine and    1 space for each 400 sq. ft. of floor     1 space, plus additional space
 appliance stores                      area; the first 25,000 sq. ft. and 1    for 25,000 sq. ft. of gross floor
                                      space for each 600 sq. ft. thereafter                  area

 Miniature golf courses, archery            10 spaces respectively                            NA
 ranges, golf, driving ranges

 Motels and hotels                      1 space for each dwelling unit                        NA
                                                      Zoning                                                        75



                  Use                               Parking Spaces                     Loading and Unloading
                                                                                              Spaces

 Office building, professional offices,   1 space for each 250 sq. ft. of gross      1 space for buildings between
 banks                                                 floor area                  30,000 sq. ft. and 100,000 sq. ft.
                                                                                    of gross floor area and 1 space
                                                                                    for each additional 100,000 sq.
                                                                                         ft. of gross floor area

 Restaurants and other food               1 space for each 4 seats, plus 1 space 1 space for each structure over
 dispensing establishments, except                for each 2 employees           10,000 sq. ft. of gross floor area
 drive-in restaurants

 Skating rink or dance hall               1 space for each 200 sq. ft. of gross                   NA
                                                       floor area

 Theater                                           1 space per 4 seats                            NA

 Undertaking establishments                1 space per 50 sq. ft. of gross floor                  NA
                                                          area

                                                  Industrial Uses

 Manufacturing, assembling,                1 space for each employee on the           1 space for structure over
 processing, research, experimental or     major shift or 1 space for each 400      10,000 sq. ft. gross floor area
 testing stations                             sq. ft. whichever is greater         and 2 spaces for each structure
                                                                                    over 100,000 sq. ft. of gross
                                                                                              floor area

 Warehousing and wholesale business        1 space for each employee on the         1 space for each structure over
 establishments                            major shift, plus 1 space for each      10,000 sq. ft. over 10,000 sq. ft.
                                                   company vehicle                 of gross floor area and 2 spaces
                                                                                   for each structure over 100,000
                                                                                       sq. ft. of gross floor area


(Ord. 96-603, passed 7-15-1996)
76   Ortonville - Land Usage
Section

     151.01    Purpose                     CHAPTER 151: SIGNS
     151.02    Definitions
     151.03    Permitted nonlicensed signs
     151.04    Prohibited signs
     151.05    Traffic hazards
     151.06    Maintenance requirements
     151.07    Location and height requirements
     151.08    Projecting signs
     151.09    Temporary signs
     151.10    Billboards and banners
     151.11    Permitted licensed signs
     151.12    Administration; review


§ 151.01 PURPOSE.

      This chapter is established to protect and promote the health, safety, general welfare and other within the
city through the establishment of comprehensive and impartial series of standards, regulations and procedures
governing the type, numbers, size, structure, location, height, lighting, erection, use and/or display of devices,
signs or symbols serving as a visual communication media to persons situated within or upon or adjacent to
public rights-of-way or properties. The provisions of this chapter are intended to encourage opportunity for
effective, orderly communications by reducing confusion and hazards resulting from unnecessary and/or
indiscriminate use of communication devices.
(Ord. 595, passed 7-17-1995)
§ 151.02 DEFINITIONS.

     For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.

     ALTERATION. Any major ALTERATION to a sign, but shall not include routine maintenance, painting
or change of copy of an existing sign.

     ANIMATED SIGNS. A sign depicting action or motion, flashing or color changes.

     ARCHITECTURAL PROJECTIONS. Any projection which is not intended for occupancy and which
extends beyond the face of an exterior wall of a building but shall not include the sign.

    AREA IDENTIFICATION SIGN. A free standing sign which identifies a residential subdivision, a
multiple residential complex, a shopping center, an industrial area, an office complex or any combination.

     AWNING. A temporary hood cover which projects from the wall of a building and of a type which can be
retracted, folded or collapsed against the face of the supporting building.
77
78                                          Ortonville - Land Usage


     BANNERS. A sign advertising products or services being offered to the public or directing one’s attention
to goods and services composed of lightweight material either enclosed or noted enclosed in a rigid frame and
mounted to be moved by atmospheric conditions.

     BILLBOARDS. A billboard, poster panel, painted bulletin board or other communications device which is
used to advertise products, goods and/or other services which are not exclusively related to the premise on which
the sign is located. BILLBOARDS include off-premise signs.

    BUILDING FACADE. The portion of exterior elevation extending from grade to top of the parapet wall
eaves and entire width of building elevation.

     BUSINESS. An establishment, occupation, employment or enterprise wherein merchandise is
manufactured, exhibited or sold, or which occupies time, attention, labor and materials or where series are
offered for compensation.

     BUSINESS FRONTAGE. The property line at the front of a building in which the business is located or
the location of the main public entrance of the building.

      BUSINESS SIGNS. Any sign which identifies a business or group of businesses, either retail or wholesale,
or any sign which identifies a profession or is used in the identification or promotion of any principal profession
or is used in the identification or promotion of any principal commodity or service, including entertainment,
offered or sold upon the premise where such a sign is located.
     CAMPAIGN SIGN. A temporary sign promoting the candidacy of a person running for a governmental
election.

      CANOPY SIGN. Any message or identification which is affixed to a projection or extension of a building
or structure, erected in such manner as to provide a shelter or cover over the approach of any entrance of a store,
building or place of assembly.

     CONSTRUCTION SIGN. A sign placed at a construction site identifying the project or the name of the
architect, engineer, contractors, financier or other involved parties.

     DIRECTIONAL SIGNS. A sign erected on a premise or private property which bears the address and/or
name of business institution, church or other use of an activity plus directional arrows or information on
location.

     ESTABLISHMENT. Any of the following definitions should apply:

          (1) A distinct business entity situated in a single building;

          (2) A distinct business entity located in a structure attached to other similar structures by common
wall and ceiling or floors or attached by means of an enclosed arcade; or

          (3) A distinct business entity contained within a single structure and not separated by walls or other
physical barriers, but made distinct due to its existence as a single leased space and operation by separate
entrepreneurs or by its singularity of purpose.
                                                           Signs                                                     79


     FLASHING SIGN. An illuminated sign upon                        NONCONFORMING SIGNS. Any advertising
which the artificial light is not kept constant in terms       structure or sign which was lawfully erected and
of intensity or color at all times when the sign is            maintained and which fails to conform to all the
illuminated.                                                   applicable regulations and restrictions of this chapter.

     FREE-STANDING SIGN. Any stationary or                          ON-PREMISE SIGN. A sign which carries
portable, self-supported sign not affixed to any other         only advertisements strictly incidental to a lawful use
structure. A sign supported by one or more columns,            of the premise on which it is located, including signs
uprights or braces in or upon the ground, not attached         or sign devices indicating the business transacted,
to or forming part of a building.                              services rendered, goods sold or produced on the
                                                               premise, name of the business, and name of the
     GOVERNMENTAL SIGN. A sign which is                        person, firm or corporation occupying the premise.
erected by a governmental unit for the purpose of
identification in directing or guiding traffic.                     OFF-PREMISE SIGN. A sign, including the
                                                               supporting sign structure which directs the attention
     ILLUMINATED SIGN. Any sign which is                       of the general public to a business, service or activity
lighted by an artificial light source either directed          not usually conducted or a product not usually offered
upon it or illuminated from an interior source.                or sold upon the premise where such a sign is located.

     INFORMATION SIGN. Any sign giving                              PARAPET. A low wall which is located on a
information to employees, visitors or delivery                 roof of a building.
vehicles but not containing any advertising or
identification.                                                     POLITICAL SIGNS. Any temporary sign
                                                               which displays the name and/or picture of an
     INSTITUTIONAL SIGN. A sign or bulletin                    individual seeking election or appointment to a public
board which identifies the name or other                       office or pertaining to a forthcoming public election
characteristics of a public or private institution on a        referendum or pertaining to or advocating political
site where the sign is located.                                views or policies.

     MARQUEE. See CANOPY SIGN.                                      PORTABLE SIGNS. A sign other than a wall
                                                               sign which is affixed to the building and which
     MOTION SIGN. Any sign which revolves,                     extends perpendicularly from the building wall.
rotates, has any moving parts or gives illusion of
motion.                                                             PROJECTING SIGNS. A sign other than a
                                                               wall sign which is affixed to the building and which
     NAMEPLATE. A sign indicating the name and                 extends perpendicularly from the building wall.
address of a building or the name of an occupant
thereof and a practice of a permitted occupation                   PYLON SIGN. A sign with no visible
therein.                                                       secondary supports.
80                                           Ortonville - Land Usage


     REAL ESTATE SIGN. A business sign located                 SIGN HEIGHT. The vertical distance
upon a property advertising that particular property       measured from the grade to the top of a sign.
for sale or for rent or for lease.
                                                                 SIGN STRUCTURE. The supports, uprights,
     ROOF LINE. The uppermost line of a roof of a          bracing and framework for a sign including the sign
building or in the case of extended facade, the            area.
uppermost height of the facade.
                                                                 STREET FRONTAGE. The distance by which
     ROOF SIGN. Any sign which is erected,                 a lot line of a one lot adjoins a public street, from one
constructed or attached wholly or in part upon or over     lot line intersecting the street to the furthest distance
the roof of a building.                                    lot line intersecting the same street. An interior lot
                                                           has one STREET FRONTAGE and a corner lot has
     ROTATING SIGN. A sign which revolves or               two frontages.
rotates on its axes by mechanical means.
                                                                TEMPORARY SIGN. Any sign which is
      SIGN. Any structure, device, advertising,            erected or displayed for a specific period of time.
advertising device or visual representation intended to
advertise, identify or communicate information to               WALL SIGN. A sign which is affixed to the
attract attention of the public for any purpose            exterior wall of a building and which is parallel to the
including but not limited to symbols, letters, figures,    building wall. A WALL SIGN does not project more
illustrations, or forms painted or otherwise affixed to    than 12 inches from the surface to which it is attached
a building or structure, any beacon or search light        nor does it extend beyond the top of the parapet wall.
intended to attract the attention of the public, and any
structure or device designed to border, illuminate,             WINDOW SIGN. A sign affixed to or inside of
animate or project a visual representation, provided       a window in view of the general public. This does
however, that this definition shall not be held to         not include merchandise on display.
include official notices issued by any court or public     (Ord. 595, passed 7-17-1995)
office or officer in the performance of a public duty,
and traffic control signs as defined in the Motor
Vehicle Act.                                               § 151.03 PERMITTED NONLICENSED SIGNS.

     SIGN AREA. That area within the marginal line             The following signs are allowed without a
of the surface which bears the advertisement or in the     permit, but shall comply with all other applicable
case of messages figures or symbols attached directly      provisions of this subdivision.
to the part of the building, that area which is included
in the smallest rectangular or geometric figure which           (A) Construction signs.            One sign per
can be made to circumscribe the message, figure or         construction project not exceeding 32 square feet of
symbol displayed thereon.                                  sign area in residential districts or 64 square feet in
                                                                                                                Signs 81


commercial or industrial districts, which may be            public right-of-way. Provided, however, that the
erected no more than five days prior to the beginning       signs shall be subject to the structural, electrical or
of construction for which a valid permit has been           material specifications set out in this code.
issued, shall be confined to the site of construction,
and shall be removed five days after completion of               (H) Memorial signs. Signs or tablets reflecting
construction and prior to occupancy.                        the names of buildings and date of erection when cut
                                                            into any masonry surface or inlaid so as to be
     (B) Directional or instructional signs. Signs          noncombustible materials.
not exceeding four square feet in area, which provide
direction, instruction or identify public facilities, and         (I) Notice bulletin boards. Notice bulletin
are located entirely on the property to which they          boards for medical, public, charitable or religious
pertain and do not in any way advertise a business.         institutions where the same are located on the premise
                                                            of the institution.
     (C) Flags. The flags, emblems or insignia of
any national or political subdivision.                           (J) No trespassing or no dumping signs. No
                                                            trespassing or no dumping signs not exceeding one
      (D) Governmental signs. Signs for control of          and 1½ square feet in area per sign and not exceeding
traffic and other regulatory purposes, street signs,        four in number per lot, except that special permission
signs of public service companies indicating danger,        may be obtained from the Zoning Administrator for
and aids to service or safety which are erected by or       additional signs under proven special circumstances.
on the order of a public officer in the performance of
this public duty.                                                (K) Occupant signs. One sign for each
                                                            dwelling unit not to exceed two square feet in area
     (E) Holiday decorations. Signs of decorative           indicating the name of the occupant, location or
nature, incidental to and customarily and commonly          identification of a home professional office.
associated with any national, local or religious
holiday; provided that the signs shall be displayed for          (L) Plaques. Plaques or nameplate signs not
a period of not more than 60 days in any one year.          more than 2½ square feet in area which are fastened
                                                            directly to the building.
      (F) House numbers and name plates. House
numbers and name plates not exceeding two square                 (M) Political and campaign signs.
feet in area for each residential building.
                                                                      (1) All non-commercial signs of any size
     (G) Interior signs. Signs located within the           may be posted from August 1 in a state general
interior of any building or stadium, or within an           election year until ten days following the state general
enclosed lobby or court of any building, and signs for      election.
and located within the inner or outer lobby, court or
entrance of any theater, that are not visible from the                (2) No political sign shall be located
                                                            within or over the public right-of-way.
82                                           Ortonville - Land Usage


     (N) Portable signs. Portable signs located in                 (2) The signs shall be in addition to those
business or industrial districts may not exceed 12        signs permitted under the other provisions of this
square feet in area provided the signs are limited to     chapter.
two signs per lot or business or four signs for corner
properties, are not located in public right-of-way, do         (T) Copy change. The changing of copy on an
not contain any flashing, blinking, moving, rotating      existing sign does not require a permit, when the
or exterior lights, and in the opinion of Zoning          original owner, tenant or operator continues in
Administrator do not constitute traffic hazard.           business at the original location where the sign is
                                                          located.
     (O) On-premise directional signs. On-premise
directional signs shall not be larger than ten square          (U) Symbols or insignia. Religious symbols,
feet and shall conform to the setback provisions of       commemorative plaques of recognized historical
the specific zoning district.                             agencies, or identification emblems of religious
                                                          orders or historical agencies, provided that no
      (P) Public notices. Official notices posted by      symbol, plaque or identification emblem shall exceed
public officers or employees in the performance of        four square feet in area, all of which symbols, plaques
their duties.                                             and identification emblems shall be placed flat
                                                          against a building.
     (Q) Public signs. Signs required or specifically
authorized for a public purpose by any law, statute or         (V) Temporary signs. Temporary signs not
ordinance, which may be of any type, number, area,        exceeding four square feet in area pertaining to drives
height above grade, location, illumination or             or events if civic, philanthropic, educational or
animation, required by law, statute or ordinance          religious organizations, provided that the signs are
under which the signs are erected.                        posted only during the drives or not more than 30
                                                          days before the event and are removed not more than
     (R) Real estate signs. Real estate signs on any      15 days after an event.
lot or parcel, provided the sign must be located
entirely within the property to which the sign applies,        (W) Warning signs. Signs warning the public of
is not directly illuminated, and is removed within        the existence of danger, containing no advertising
seven days after the sale, rental or lease has been       material, which shall be removed upon termination of
accomplished.                                             danger.
                                                          (Ord. 595, passed 7-17-1995)
     (S) Permanent window signs.

         (1) Except in residential zones, for each        § 151.04 PROHIBITED SIGNS.
ground floor occupancy of a building not more than
two permanent signs may be painted on or otherwise             The following signs are specifically prohibited
displayed from the inside surface of any window,          by this chapter:
showcase or other similar facility.
                                                                                                                 Signs 83


      (A) Signs which purport to be or resemble an             (J) Off-premise signs in or within 500 feet of
official traffic control device, sign, signal, railroad   national, state or local parks, historical sites and
sign or signal; or which hides from view or interferes    public picnic or rest areas or within 100 feet of a
in any material degree with the effectiveness of any      church or school;
traffic control device, sign, signal, railroad sign or
signal, or the sign area of which obstructs or                 (K) Signs, or any advertising devices, which
interferes with the driver’s view of approaching,         provide the advertisement of products, services or
merging or intersecting traffic for a distance not to     direct people to a business which are attached to or
exceed 500 feet;                                          located on any motorized vehicle or trailer on a
                                                          public right-of-way, public property or on private
     (B) Signs which prominently display the word         property. This section shall not, however, prohibit in
“stop” or “danger”;                                       any form
                                                          vehicular signs which are attached to or affixed on a
     (C) Signs which contain statements, words or         motor vehicle;
pictures of an obscene, indecent or immoral
character, or as would offend public morals or                  (L) Signs which display any moving parts, are
decency;                                                  illuminated with any flashing or intermittent light, or
                                                          are animated, unless the displays shall be shielded to
     (D) Signs on any right-of-way of the interstate      prevent any light to be directed at oncoming traffic in
system of highways, except as otherwise provided by       such brilliance as to impair the vision of any driver.
law or allowed by the Minnesota Department of             Provided further that no device shall be illuminated in
Transportation;                                           a manner as to interfere with or obscure any official
                                                          traffic signs or signal. This chapter, however, does
     (E) Signs on private land without the consent of     not include time, temperature or other similar
the owner thereof;                                        informational signs;

      (F) Signs on trees, shrubs or which are painted          (M) Any sign which contains or consists of
or drawn upon rocks or natural features, or on public     banners, pennants, ribbons, streamers, string of lights,
utility poles;                                            spinners or similar devices; and

    (G) Signs which have distracting flashing or              (N) Street banners which are thrust over public
moving lights so designed or lighted as to be a traffic   property unless the banners are for civic purposes and
hazard;                                                   approved by the city.
                                                          (Ord. 595, passed 7-17-1995) Penalty, see § 10.99
     (H) Signs to which access can be obtained only
from an interstate main traveled way but excluding
frontage roads adjacent thereto;                          § 151.05 TRAFFIC HAZARDS.

     (I) Signs which are structurally unsafe, in               No sign permitted by this chapter shall, by
disrepair or are abandoned;                               reason of its location, color or intensity, create a
                                                          hazard to
84                                           Ortonville - Land Usage


the safe, efficient movement of vehicular or               § 151.08 PROJECTING SIGNS.
pedestrian traffic. No private sign shall contain
words which might be construed as traffic controls,             A projecting sign shall be at least seven feet
such as “stop,” “caution,” “warning,” and the like,        above the sidewalk and three feet away from the
unless the sign is intended to direct traffic on the       curbline.
premise.                                                   (Ord. 595, passed 7-17-1995)
(Ord. 595, passed 7-17-1995) Penalty, see § 10.99

                                                           § 151.09 TEMPORARY SIGNS.
§ 151.06 MAINTENANCE REQUIREMENTS.
                                                               Business portable signs over 12 square feet, but
     All signs and sign structures shall be properly       not exceeding 32 square feet, are allowed on a
maintained and shall be kept in a safe orderly             temporary basis provided:
condition. In addition, all parts and supports shall be
properly painted. Any sign or sign structure which is          (A) A sign permit is issued for the sign;
rotted or unsafe, deteriorated, defaced or otherwise
altered, shall be repainted, repaired or replaced by the       (B) The sign is not located in the public right-
licensee, owner or agent of the owner of the property      of-way;
from which the sign stands.
(Ord. 595, passed 7-17-1995) Penalty, see § 10.99              (C) The sign does not obstruct sight views or
                                                           constitute a traffic hazard;

§ 151.07 LOCATION AND HEIGHT                                    (D) The sign may be illuminated but shall not
REQUIREMENTS.                                              contain any flashing, blinking, moving, rotating or
                                                           exterior lights; and
      (A) No sign, other than public or governmental
signs, shall be erected or temporarily placed within            (E) Only one temporary portable sign shall be
any street rights-of-way. No sign or sign structure        allowed per lot of record or business.
shall be erected or maintained so as to prevent fire       (Ord. 595, passed 7-17-1995) Penalty, see § 10.99
ingress or egress from any door, window or fire
escape. No sign or sign structure shall be attached to
a standpipe, street light or fire escape. No sign shall    § 151.10 BILLBOARDS AND BANNERS.
obstruct traffic flow or sight views nor constitute a
traffic hazard.                                               (A) The construction of a billboard shall
                                                           comply with the following requirements.
    (B) No sign shall exceed 36 feet in height.
(Ord. 595, passed 7-17-1995) Penalty, see § 10.99                     (1) Location.    All billboards may be
                                                           erected or maintained only in the B-1 and M-2 zoning
                                                           districts.
                                                                                                            Signs 85


          (2) Spacing.                                        (A) Within the A-O, R-1, R-2 and R-3 districts,
                                                         permitted signs are those allowed under § 151.03 and
                (a) Signs shall not be erected or        any business sign not exceeding four square feet in
maintained in a manner or place as to obscure or         size; and
otherwise physically interfere with an official device
or a railroad safety device or sign, or obstruct or           (B) Within the B-1, B-2 and B-3 districts, signs
physically interfere with the driver’s view of           are subjected to the following size and type
approaching, merging or intersecting traffic for a       regulations:
distance of 500 feet.
                                                                   (1) All signs permitted under § 151.03;
               (b) No billboard shall be erected
closer to any other sign on the same side of the same               (2) Three types of on-premise business
highway facing traffic preceding in the same             signs are allowed: wall signs, pylon signs and
direction than 300 feet on a primary highway in a        projecting signs. The total sign area for all signs shall
zoned commercial or industrial area provided             not exceed 20% of the gross silhouette area of the
however, that this provision shall not prevent the       front of the business portion of the principal building.
erection of a double-faced, back-to-back or V-type       Where the principal building is on a corner lot or has
advertising devices with a maximum of two signs per      double frontage, the sign area is limited to 20% of the
facing.                                                  building silhouette area visible from the public street.
                                                         The maximum allowable sign area is 300 square feet
          (3) Size. No billboard shall exceed 14 feet    for wall signs, 150 square feet for combination wall
by 48 feet in size.                                      and pylon signs and 100 square feet for only pylon or
                                                         projecting signs. The maximum number of pylon
          (4) Height. No billboard shall exceed 36       signs is limited to one pylon sign per business
feet in maximum height.                                  property. For purposes of determining the gross areas
                                                         of the silhouette of the principal building, the
     (B) Temporary banners may be used without a         silhouette shall be defined as that area within an
permit for grand openings and special events limited     outlined drawing of the principal building as viewed
to once a year not to exceed ten calendar days.          from the lot line or from the exposed related public
Permanent banners are allowed as signs in                street(s); and
accordance with the sign area requirements of §
151.11.                                                            (3) In cases where the building area has a
(Ord. 595, passed 7-17-1995) Penalty, see § 10.99        sign area exceeding the maximum allowable sign area
                                                         allowed under this section, a larger sign area is
                                                         allowed, but not to exceed 10% of the exposed and
§ 151.11 PERMITTED LICENSED SIGNS.                       visible building silhouette area.
                                                         (Ord. 595, passed 7-17-1995)
      The following are permitted signs which require
a sign permit in accordance with the following zoning
districts:
86                                           Ortonville - Land Usage


§ 151.12 ADMINISTRATION; REVIEW.                                     (3) Enforcement. The Zoning
                                                          Administrator is empowered to enforce the provisions
      (A) (1) In instances where an applicant             of this chapter as necessary to carry out the purpose
requests a sign in excess of the sign area or sign        of this chapter. The Administrator shall cause to be
number requirements of this chapter, the Planning         removed any sign that endangers the public safety
Commission may recommend to the City Council the          such as an abandoned, dangerous or electrically or
appropriate requirements and the approval of the sign.    structurally defective sign or a sign for which no
In its deliberations, the Planning Commission shall       permit has been issued or a sign which obstructs or
consider:                                                 interferes with the public right-of-way. A notice of
                                                          violation shall be mailed to the sign holder citing the
              (a) The location, size and design of        violation. If the violation is not corrected within ten
the proposed sign(s);                                     days, the city shall have the authority to remove the
                                                          sign.
                (b) The character of the surrounding      (Ord. 595, passed 7-17-1995) Penalty, see § 10.99
area;

              (c) The consistency of the proposed
sign(s) in comparison to existing signs located in the
surrounding area;

              (d) The appropriateness of the
proposed sign(s) in light of the anticipated use of the
property; or

               (e) The granting of a waiver which
will not be detrimental to the public welfare nor
create an adverse effect upon the surrounding
property.

            (2) The decision of the City Council shall
be final.

     (B) (1) Permits. A sign permit shall be
required for all billboards, permitted licensed signs
and any sign application to the Planning Commission,
existing signs excluded.

          (2) Fees. The fee for an application to the
Planning Commission and all sign permits shall be
established by the City Council.
                                                      Section

            General Provisions                            152.042                   CHAPTER 152: SHORELAND M
                                                                     Forest management
                                                          152.043    Extractive uses
152.001   Statutory authorization                         152.044    Mining regulations
152.002   Policy                                          152.045    Water supply and sewage treatment
152.003   Title
152.004   Jurisdiction                                                 Nonconforming Uses
152.005   Compliance
152.006   Interpretation                                  152.060 Continuance
152.007   Abrogation and greater restrictions             152.061 Construction on nonconforming lots of
152.008   Definitions

Classification System; Land Use Districts

152.020   Classification system
152.021   Criteria for designation
152.022   Lakes, rivers and streams                       152.062 Additions and expansions
152.023   Use and upgrading of inconsistent               152.063 Sewage treatment systems
          districts
                                                                Subdivision and Platting Provisions
           General Regulations
                                                          152.075    Land suitability
152.035 Lot area and width standards                      152.076    Consistency with other controls
152.036 Placement, design and height standards            152.077    Information requirements
152.037 Shoreland alterations                             152.078    Dedications
152.038 Roads, driveways and parking                      152.079    Platting
        standards                                         152.080    Controlled access on recreational lots
152.039 Stormwater management
152.040 Commercial, industrial and public uses                     Planned Unit Developments
152.041 Agricultural uses
                                                          152.095    Types permissible
                                                          152.096    Processing
                                                          152.097    Application procedure
                                                          152.098    Site evaluation
                                                          152.099    Density evaluation
                                                          152.100    Maintenance and design criteria
                                                          152.101    Conversions




                                                 87
88                                        Ortonville - Land Usage




Administration and Enforcement                         health, safety and welfare to provide for the wise
                                                       subdivision, use and development of shorelands of
    152.115 Enforcement                                public waters. The Legislature of Minnesota has
    152.116 Permits; applications and fees             delegated responsibility to local governments of the
    152.117 Certificate of zoning compliance           state to regulate the subdivision, use and development
    152.118 Amendments                                 of the shoreland of public waters, and thus preserve
    152.119 Conditional uses                           and enhance the quality of surface waters, conserve
    152.120 Variances                                  the economic and natural environmental values of
    152.121 Violations                                 shorelands, and provide for the wise use of waters
    152.122 Notifications                              and related land resources. This responsibility is
Cross-reference:                                       hereby recognized by the city.
    Flood Hazard Prevention, see Chapter 153
    Mining, see § 150.048                                   (B) It is the policy of the city to gain voluntary
    Public Works, see Title V                          compliance with appropriate regulations via
    Zoning, see Chapter 150                            providing information and technical assistance to the
                                                       public. Enforcement will be as stated, only when
                                                       other means for compliance have failed.
                                                       (Ord. 552, passed 3-15-1993)
            GENERAL PROVISIONS

                                                       § 152.003 TITLE.
§ 152.001 STATUTORY AUTHORIZATION.
                                                            This chapter shall be known and cited as the
     This chapter is adopted pursuant to the           “City of Ortonville Shoreland Management Chapter.”
authorization and policies contained in M.S. Chapter   When referred to herein, it shall be known as “this
103.F, and Minnesota zoning enabling legislation in    chapter.”
M.S. Chapter 394, as they may be amended from time     (Ord. 552, passed 3-15-1993)
to time.
(Ord. 552, passed 3-15-1993)
                                                       § 152.004 JURISDICTION.

§ 152.002 POLICY.                                           (A) Jurisdiction of this chapter shall apply to all
                                                       areas of shoreland as defined in § 152.008, inside the
     (A) The uncontrolled use of shorelands of the     incorporated limits of the city. The city may from
city affects the public health, safety and general     time to time enter into a joint powers agreement or
welfare, not only by contributing to pollution of      joint zoning board as permitted by statute, or
public waters, but also by impairing the local tax     relinquish its zoning jurisdiction, but only to the
base. Therefore, it is in the best interests of the    extent as permitted by state law, as ultimately
public                                                 determined
                                                                                       Shoreland Management 89


pursuant to the provisions and action taken by the         § 152.007 ABROGATION AND GREATER
Planning Commission and the City Council.                  RESTRICTIONS.

      (B) The provisions of this chapter shall apply to         It is not intended by this chapter to repeal,
the shorelands of the public water bodies as classified    abrogate or impair any existing easements, covenants
in §§ 152.020 through 152.023. Pursuant to Minn.           or deed restrictions. However, where this chapter
Rules parts 6120.2500 through 6120.3900 as they            imposes greater restrictions, the provisions of this
may be amended from time to time, no lake, pond or         chapter shall prevail.         All other ordinances
flowage less than ten acres in size in municipalities      inconsistent with this chapter are hereby repealed to
need be regulated in a local government’s shoreland        the extent of the inconsistency only.
regulations. A body of water created by a private          (Ord. 552, passed 3-15-1993)
user where there was no previous shoreland may, at
the discretion of the governing body, be exempt from
this chapter.                                              § 152.008 DEFINITIONS.
(Ord. 552, passed 3-15-1993)
                                                                (A) For the purpose of this chapter, the
                                                           following definitions shall apply unless the context
§ 152.005 COMPLIANCE.                                      clearly indicates or requires a different meaning.

      The use of any shoreland of public waters; the            (B) For the purpose of this chapter, the words
size and shape of lots; the use, size, type and location   “must” and “shall” are mandatory and not permissive.
of structures on lots; the installation and maintenance         (C) All distances, unless otherwise specified,
of water supply and waste treatment systems; the           shall be measured horizontally.
grading and filling of any shoreland area; the cutting
of shoreland vegetation; and the subdivision of land            ACCESSORY STRUCTURE OR FACILITY.
shall be in full compliance with the terms of this         Any building or improvement subordinate to a
chapter and other applicable regulations.                  principal use, which, because of the nature of its use,
(Ord. 552, passed 3-15-1993)                               can reasonably be located at or greater than normal
                                                           structure setbacks.

§ 152.006 INTERPRETATION.                                       BLUFF. A topographic feature such as a hill,
                                                           cliff or embankment having the following
     In their interpretation and application, the          characteristics; an area with an average slope of less
provisions of this chapter shall be held to be             than 18% over a distance for 50 feet or more shall not
minimum requirements and shall be liberally                be considered part of the BLUFF:
construed in favor of the governing body and shall
not be deemed a limitation or repeal of any other                   (1) Part or all of the feature is located in a
powers granted by state statutes.                          shoreland area;
(Ord. 552, passed 3-15-1993)
90                                          Ortonville - Land Usage


          (2) The slope rises at least 25 feet above          COMMERCIAL USES. This word is defined in
the ordinary high water level of the waterbody;           § 150.002.

           (3) The grade of the slope from the toe of         COMMISSIONER. The Commissioner of the
the bluff to a point 25 feet or more above the ordinary   Department of Natural Resources.
high water level averages 30% or greater; and
                                                              CONDITIONAL USE. This word is defined in
        (4) The slope must drain toward the               § 150.002.
waterbody.
                                                               DECK. A horizontal, unenclosed platform with
     BLUFF IMPACT ZONE. A bluff and land                  or without attached railings, seats, trellises or other
located within 20 feet from the top of a bluff.           features, attached or functionally related to a principal
                                                          use or site.
    BOARD OF ADJUSTMENT. The established
Board of Adjustment appointed by the City Council.             DUPLEX, TRIPLEX and QUAD. A dwelling
                                                          structure on a single lot, having two, three and four
     BOATHOUSE. A structure used solely for the           units, respectively, being attached by common walls
storage of boats or boating equipment.                    and each unit equipped with separate sleeping,
                                                          cooking, eating, living and sanitation facilities.
    BUILDING LINE. This word is defined in
code § 150.002.                                                DWELLING SITE. A designated location for
                                                          residential use by one or more persons using
    CITY. A political subdivision of the state whose      temporary or movable shelter, including camping and
address is: 315 Madison Avenue, Ortonville,               recreational vehicle sites.
Minnesota 56278.
                                                              DWELLING UNIT. This word is defined in §
        CITY COUNCIL. The governing body of the           150.002.
city.
                                                               EXTRACTIVE USE. The use of land for
     COMMERCIAL PLANNED UNIT                              surface or subsurface removal of sand, gravel, rock,
DEVELOPMENTS. Uses that provide transient,                industrial minerals, other nonmetallic minerals and
short-term lodging spaces, rooms or parcels and their     peat not regulated under M.S. §§ 93.44 to 93.51, as it
operations are essentially service-oriented. For          may be amended from time to time.
example, hotel/motel accommodations, resorts,
recreational vehicle and camping parks, and other              FLOWAGE. A waterbody which is in the act of
primarily service-oriented activities are                 flowing or overflowing.
COMMERCIAL PLANNED UNIT
DEVELOPMENTS.
                                                                                      Shoreland Management 91


     FOREST LAND CONVERSION. The clear                         NONRIPARIAN. A lot that is not contiguous
cutting of forested lands to prepare for a new land use   with the ordinary high water mark of a body of water.
other than reestablishment of a subsequent forest
stand.                                                         ORDINARY HIGH WATER LEVEL. The
                                                          boundary of public waters and wetlands and shall be
     GUEST COTTAGE. A structure used as a                 an elevation delineating the highest water level which
dwelling unit that may contain sleeping spaces and        has been maintained for a sufficient period of time to
kitchen and bathroom facilities in addition to those      leave evidence upon the landscape, commonly that
provided in the primary dwelling unit on a lot.           point where the natural vegetation changes from
                                                          predominantly aquatic to predominantly terrestrial.
    HARDSHIP. This term shall be as defined by            For watercourses, the ORDINARY HIGH WATER
M.S. § 462.357, subd. 6(1), as it may be amended          LEVEL is the elevation of the top of the bank of the
from time to time.                                        channel. For reservoirs and flowages, the
                                                          ORDINARY HIGH WATER LEVEL is the
     HEIGHT OF BUILDING. The vertical                     operating elevation of the normal summer pool.
distance between the highest adjoining ground level
at the building or ten feet above the lowest ground            PLANNED UNIT DEVELOPMENT or PUD.
level, whichever is lower, and the highest gable of a     This word is defined in § 150.002.
pitched or hipped roof.
                                                             PLANNING AND ZONING ADMINISTRA-
    INDUSTRIAL USE. This word is defined in §             TOR. The City Clerk/Administrator.
150.002.
                                                               PLANNING COMMISSION. This word is
     INTENSIVE VEGETATION CLEARING.                       defined in § 150.002.
The complete removal of trees or shrubs in a
contiguous patch, strip, row or block.                         PRIVACY FENCES. A fence which may be
                                                          placed on a property line which includes fences,
     LOT. This word is defined in § 150.002.              walls, hedges or shrubbery.

    LOT OF RECORD. This word is defined in §                  PUBLIC WATERS. Any waters as defined in
150.002.                                                  M.S. § 105.37 (14) and (15), as it may be amended
                                                          from time to time.
    LOT WIDTH. This word is defined in §
150.002.                                                       RESIDENTIAL PLANNED UNIT
                                                          DEVELOPMENT. A use where the nature of
     NONCONFORMING LOT. This word is                      residency is nontransient and the major or primary
defined in § 150.002.                                     focus of the development is not service-oriented. For
92                                          Ortonville - Land Usage


example, residential apartments, manufactured home       used for conducting sewage or industrial waste or
parks, time-share condominiums, townhouses,              other wastes to a point of ultimate treatment.
cooperatives, and full fee ownership residences
would be considered as RESIDENTIAL PLANNED                    SHORE IMPACT ZONE. Land located
UNIT DEVELOPMENTS. To qualify as a                       between the ordinary high water level of a public
RESIDENTIAL PLANNED UNIT                                 water and a line parallel to it at a setback of 50% of
DEVELOPMENT, a development must contain at               the structure setback.
least five dwelling units or sites.
                                                              SHORELAND. Land located within the
     RIPARIAN. A lot that is contiguous with the         following distances from public waters: 1,000 feet
ordinary high water mark of a body of water.             from the ordinary high water level of a lake, pond or
                                                         flowage; and 300 feet from a river or stream, or the
     SEMIPUBLIC USE. The use of land by a                landward extent of a floodplain designated by
private, nonprofit organization to provide a public      ordinance on a river or stream, whichever is greater.
service that is ordinarily open to some persons          The limits of SHORELANDS may be reduced
outside the regular constituency of the organization.    whenever the waters involved are bounded by
                                                         topographic divides which extend landward from the
     SENSITIVE RESOURCE MANAGEMENT.                      waters for lesser distances and when approved by the
The preservation and management of areas unsuitable      Commissioner.
for development in their natural state due to
constraints such as shallow soils over groundwater or         SIGNIFICANT HISTORIC SITE. Any
bedrock, highly erosive or expansive soils, steep        archaeological site, standing structure, or other
slopes, susceptibility to flooding or occurrence of      property that meets the criteria for eligibility to the
flora or fauna in need of special protection.            National Register of Historic Places or is listed in the
                                                         State Register of Historic Sites, or is determined to be
     SETBACK. This word is defined in § 150.002.         an unplatted cemetery that falls under the provisions
                                                         of M.S. § 307.08, as it may be amended from time to
     SEWAGE SYSTEM DATA FORM. A checklist                time. A historic site meets these criteria if it is
for use with on-site sewage system inspections           presently listed on either register or if it is determined
available from the City Clerk/Administrator.             to meet the qualifications for listing after review by
                                                         the Minnesota state archaeologist or the director of
     SEWAGE TREATMENT SYSTEM. A septic                   the Minnesota Historical Society. All unplatted
tank and soil absorption system or other individual or   cemeteries are automatically considered to be
cluster type sewage treatment system as described        SIGNIFICANT HISTORIC SITES.
and regulated in § 152.045.
                                                              STEEP SLOPE. Land where agricultural
    SEWER SYSTEM. Pipelines or conduits,                 activity or development is either not recommended or
pumping stations, and force main, and all other          described as poorly suited due to slope steepness and
construction, devices, appliances or appurtenances
                                                                                    Shoreland Management 93


the site’s soil characteristics, as mapped and          feature, reasonably needs to be located closer to
described in available county soil surveys or other     public waters than the normal structure setback.
technical reports, unless appropriate design and        Examples of such structures and facilities include
construction techniques and farming practices are       boathouses, gazebos, screen houses, fish houses,
used in accordance with the provisions of this          pump houses and detached decks.
chapter. Where specific information is not available,
STEEP SLOPES are lands having average slopes                 WETLAND. A surface water feature classified
over 12%, as measured over horizontal distances of      as a WETLAND in the United States Fish and
50 feet or more, that are not bluffs.                   Wildlife Service Circular No. 39 (1971 edition).

    STRUCTURE. This word is defined in §
150.002.
                                                            CLASSIFICATION SYSTEM; LAND USE
    SUBDIVISION. This word is defined in §                             DISTRICTS
150.002.

     SURFACE WATER-ORIENTED COMMER-                     § 152.020 CLASSIFICATION SYSTEM.
CIAL USE. The use of land for commercial
purposes, where access to and use of a surface water          (A) (1) The public waters of the city have been
feature is an integral part of the normal conductance   classified below consistent with the criteria found in
of business. Marinas, resorts and restaurants with      Minnesota Rules part 6120.3300, as it may be
transient docking facilities are examples of the use.   amended from time to time, and the “Protected
                                                        Waters Inventory Map” for the city. The map is
     TOE OF THE BLUFF. The lower point of a             hereby made a part of this chapter and shall be known
50-foot segment with an average slope exceeding         as the “County Protected Waters Map.” The map,
18%.                                                    consisting of sheets and all notations, references and
                                                        data shown thereon are hereby incorporated by
     TOP OF THE BLUFF. The higher point of a            reference into this chapter and shall be as much a part
50-foot segment with an average slope exceeding         of it as if all were fully described herein.
18%.
                                                                  (2) It shall be the responsibility of the
    VARIANCE. This word is defined in § 150.002.        Zoning Administrator to maintain the maps, and
                                                        amendments thereto shall be recorded on the county
     WATER-ORIENTED ACCESSORY                           protected waters map within 30 days after the official
STRUCTURE OR FACILITY. A small, above                   adoption of the amendments. The official protected
ground building or other improvement, except            waters map shall be kept on file in the office of the
stairways, fences, docks and retaining walls, which,    City Clerk/Administrator.
because of the relationship of its use to a surface
water
94                                          Ortonville - Land Usage


      (B) The shoreland area for the waterbodies         § 152.021 CRITERIA FOR DESIGNATION.
listed below shall be as defined in § 152.008 and as
shown on the official zoning map.                             The land use districts in § 152.022, and the
                                                         delineation of a land use district’s boundaries on the
        (1) Lakes, protected waters: general             official zoning map, must be consistent with the
development lakes:                                       goals, policies and objectives of the comprehensive
                                                         land use plan and the following criteria,
              (a) REC NO.: 1160;                         considerations and objectives:

              (b) REG NO.: 4;                                 (A) General considerations and criteria for all
                                                         land uses.
              (c) CO NO.: 6;
                                                                   (1) Preservation of natural areas;
              (d) MUNICIPALITY: Ortonville;
                                                                  (2) Present ownership and development of
              (e) MUNI. CODE: 6999;                      shoreland areas;

              (f) BDRY: B;                                        (3) Shoreland soil types and their
                                                         engineering capabilities;
              (g) LAKE NAME: Big Stone;
                                                                   (4) Topographic characteristics;
              (h) LAKE NO.: 6152; and
                                                                   (5) Vegetative cover;
              (i)   LAKE CLASS: GD.
                                                                  (6) In-water physical characteristics,
         (2) Rivers and streams: agricultural rivers:    values and constraints;

              (a) CLASS: A;                                        (7) Recreational use of the surface water;

              (b) RIVER: Minnesota;                                (8) Road and service center accessibility;

             (c) FROM: Outlet of Big Stone L.,                     (9) Socioeconomic development needs
Sec. 9, T121N, R46W                                      and plans as they involve water and related land
                                                         resources;
           (d) TO: South section line, Sec. 16,
T121N, R46W, city limits; and                                     (10) The land requirements of industry
                                                         which, by its nature, requires location in shoreland
              (e) All other non-classified water-        areas; and
courses as shown on county protected waters
inventory map and list shall be Class TR.                          (11) The necessity to preserve and restore
(Ord. 552, passed 3-15-1993)                             certain areas having significant historical or
                                                         ecological value.
                                                                                        Shoreland Management 95


    (B) Factors and criteria for planned unit                          (b) Permitted, P;
developments.
                                                                       (c) Conditional use permit required,
         (1) Existing recreational use of the surface   C;
waters and likely increases in use associated with
planned unit developments;                                             (d) Non-permitted, N.

          (2) Physical and aesthetic impacts of              Special Protection                  GDL
increased density;
                                                             Forest management                         P
        (3) Suitability of lands for the planned unit
development approach;                                        Sensitive resource management             P

            (4) Level of current development in the          Agricultural: cropland and pasture P
area; and
                                                             Agricultural feedlots               C
         (5) Amounts and types of ownership of
undeveloped lands.                                           Parks and historic sites                  C
(Ord. 552, passed 3-15-1993)
                                                             Extractive use                      C

§ 152.022 LAKES, RIVERS AND STREAMS.                         Single residential                        C

     (A) The land use districts provided below, and          Mining of metallic minerals and peat      P
the allowable land uses therein for the given
classifications of waterbodies, shall be properly            Residential                             GDL
delineated on the official zoning map for the
shorelands of this community.                                Single residential                        P

     (B) These land use districts are in conformance         Semipublic                                C
with the criteria specified in Minn. Rules, part
6120.3200, subd. 3, as it may be amended from time           Parks and historic sites                  C
to time.
                                                             Extractive use                      C
            (1) Land use districts for lakes.
                                                             Duplex, triplex, quad residential         P
                (a) General development lakes, GDL;
                                                             Forest management                         P
96                                           Ortonville - Land Usage


     Mining of metallic minerals and peat      P               Public, semipublic                  P

     High Density Residential                GDL               Extractive use                      C

     Residential PUDs                          C               Parks and historic sites                 C

     Single residential                        P               Forest management                        P

     Surface water-oriented commercial         C               Mining of metallic minerals and peat     P

     Semipublic                                C                     (2) Land use districts for rivers and
                                                          streams.
     Parks and historic sites                  C
                                                                         (a) Agricultural, A;
     Duplex, triplex, quad residential         P
                                                                         (b) Permitted, P;
     Forest management                         P
                                                                         (c) Conditional use permit required,
     Water-Oriented Commercial           GDL              C;

     Surface water-oriented commercial         P                         (d) Non-permitted, N.

     Commercial planned unit development C                     Special Protection                  A

     Public, semipublic                  C                     Forest management                        P

     Parks and historic sites                  C               Sensitive resource management            P

     Forest management                         P               Agricultural: cropland and pasture C

     General Use                             GDL               Agricultural feedlots               C

     Commercial                                P               Parks and historic sites                 C

     Commercial planned unit development C                     Extractive use                      C

     Industrial                          C                     Single residential                       C
                                                                           Shoreland Management 97


Mining of metallic minerals and peat    C       Commercial planned unit development C

Residential                             A       Public, semipublic                  P

Single residential                      P       Parks and historic sites                C

Semipublic                              C       Forest management                       P

Parks and historic sites                C       General Use                             A

Extractive use                      C           Commercial                              C

Duplex, triplex, quad residential       C       Commercial planned unit development C

Forest management                       P       Industrial                          N

Mining of metallic minerals and peat    P       Public, semipublic                  C

High Density                            A       Extractive use                      C

Residential planned unit developments C         Parks and historic sites                C

Single residential                      P       Forest management                       P

Surface water-oriented commercial       C       Mining of metallic minerals and peat    P
                                            (Ord. 552, passed 3-15-1993)
Semipublic                              C

Parks and historic sites                C   § 152.023 USE AND UPGRADING OF
                                            INCONSISTENT DISTRICTS.
Duplex, triplex, quad residential       P
                                                 (A) The land use districts, as they apply to
Forest management                       P   shoreland areas and their delineated boundaries on
                                            the official zoning map, are consistent with the land
Water-Oriented Commercial           A       use district designation criteria specified in §
                                            152.022. Inconsistent land use district designations
Surface water-oriented commercial       C   may continue until revisions are proposed to change
                                            either
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