HomeMy WebLinkAboutTITLE 09 Building Regulations
TITLE 9
BUILDING REGULATIONS
Subject Chapter
Building Code ............................................................ 1
Water Fed Heat Extractors And
Air Conditioning Equipment ..................................... 2
Minimum Elevations And Standards
For Building And Driveway Construction ................. 3
Swimming Pools, Spas And Hot Tubs ....................... 4
Numbering Properties And Buildings ......................... 5
Manufactured Home Parks; Mobile Homes;
Sacred Communities and Micro-Unit Dwellings ......... 6
Commercial Building Construction Standards ........... 7
Property Maintenance Standards .............................. 8
In General ................................................................ 8A
Rental Licensing ...................................................... 8B
Sober Housing Licensing ......................................... 8C
Residential Landscaping Requirements .................... 9
Moving Buildings ..................................................... 10
Antennas And Towers ............................................. 11
Wind Energy Conversion Systems .......................... 12
Electrical Code ....................................................... 13
Solar Energy Systems ............................................. 14
Plumbing Plan Review ............................................. 15
CHAPTER 1
BUILDING CODE
SECTION:
9-1-1: State Building Codes Adopted By Reference
9-1-2: Application, Administration And Enforcement
9-1-3: Permits And Fees
9-1-4: Architectural Design (Structure)
9-1-5: Required Improvements
9-1-6: Construction Near WDE Site
9-1-7: Violation; Penalty
9-1-1: STATE BUILDING CODE ADOPTED BY REFERENCE:
A. Building Code: The Minnesota State Building Code, as adopted by the
Commissioner of Labor and Industry pursuant to Minnesota Statutes chapter
326B, including all of the amendments, rules and regulations established,
adopted and published from time to time by the Minnesota Commissioner of
Labor and Industry, through the Building Codes and Standards Unit, is hereby
adopted by reference with the optional chapters adopted in this ordinance.
The Minnesota State Building Code is hereby incorporated in this ordinance
as if fully set out herein.
B. Optional Chapters Adopted: Minnesota State Building Code, Chapter
1300 allows the Municipality to adopt by reference and enforce certain
optional chapters of the most current edition of the Minnesota State Building
Code. The following optional provisions identified in the most current edition
of the State Building Code are hereby adopted and incorporated as part of the
building code for this municipality:
1. Chapter 1306 - Special Fire Protection Systems (Option – Subpart 2).
9-1-2: APPLICATION, ADMINISTRATION AND ENFORCEMENT:
A. The application, administration, and enforcement of the code shall be in
accordance with the Minnesota State Building Code.
B. The code enforcement agency of the city is called "the Building
Inspections Department".
C. This code shall be enforced by the Minnesota Certified Building Official
designated by this Municipality to administer the code in accordance with
Minnesota Statutes 326B.133, including plumbing plan review and
inspections. (Amended Ord. 551, 5-2-23)
9-1-3: PERMITS AND FEES:
A. The issuance of permits and the collection of fees shall be as
authorized in Minnesota Rules Chapter 1300.
B. Permit fees shall be assessed for work governed by this code in accordance
with Section 1-7-3 of this code and as amended by the City Council. In
addition, a surcharge fee shall be collected on all permits issued for work
governed by this code in accordance with Minnesota Statutes 326B.148.
9-1-4: ARCHITECTURAL DESIGN (STRUCTURE):
A. Elevations Included In Permit Application: The application for a building
permit, in addition to other information required by applicable laws or
regulations, shall include exterior elevations of the proposed structure and
drawings which will adequately and accurately indicate the height, size,
design, and appearance of all elevations of the proposed structure and a
description of the construction and materials proposed to be used. When the
plans for a residence include a sliding door or other access for the addition of
a deck, and the deck is not to be finished prior to occupancy of the residence,
and there is less than twenty feet (20’) of buildable space behind the house,
the amount of buildable space shall be indicated on the proposed land survey
submitted with the building permit application. (Amd. 2/20/07, Ord.340)
B. Review Of Information; Decisions:
1. When an application is filed with the city for a building permit for any
structure to be built, enlarged, or altered within, or moved into the city, the
Building Official shall review such application and accompanying
documents to determine whether the exterior architectural design,
appearance, or functional plan of such proposed structure, when erected,
will be so at variance with, or so similar to the exterior architectural design
of any structure already constructed or in the course of construction which
is within three hundred feet (300') of the lot upon which the structure is
located, or so at variance with the character of the applicable district as
established by the zoning ordinance of the city as to cause a substantial
depreciation in the property values of the neighborhood. The three
hundred foot (300') restriction shall be determined by measurement along
the street upon which the structure fronts.
2. If the Building Official finds that the exterior architectural design of the
proposed structure, when erected, may be so at variance with, or so
similar to, the exterior architectural design, appearance, or functional plan
of structures already constructed or in the course of construction in the
neighborhood, no building permit therefore shall be issued, and the
Building Official shall, within ten (10) days after receipt of the building
permit application and supporting documents, file the same and such
opinion in writing, signed by the Building Official, with the secretary of the
Board of Design Control, who shall review the determination of the
Building Official.
C. Review And Action By Board Of Design Control: The Andover Review
Committee of the city shall be and is hereby appointed as the Board of
Design Control. The Board shall review all building permit applications
referred to it by the Building Official upon determination that the exterior
architectural design of the proposed structure would violate the provisions of
this chapter. The Andover Review Committee shall act upon all applications
or other matters referred to it within twenty (20) days from the date such
application was originally filed with the Building Official. It may approve,
conditionally approve or disapprove the exterior design of any proposed
building or structure, enlargement or alteration and may modify or request
such modifications as it may deem necessary to carry out the purpose and
intent of this section.
D. Appeals: Any person aggrieved by the decision of the Andover Review
Committee may take an appeal there from to the City Council. Such appeal
shall be taken within five (5) days after the decision of the Andover Review
Committee. The City Council shall act upon all applications or other matters
referred to it within forty-five (45) days from the date of appeal. (Amended
Ord. 205, 3-4-1997)
9-1-5: REQUIRED IMPROVEMENTS:
A. Required Improvements: As determined by the city code, the general
contractor, builder or property owner shall install all required improvements
and meet all city codes and standards for required improvements on private
property and connected boulevard(s).
Examples of required improvements include but are not limited to: building
code requirements; design, construction and landscaping standards, erosion
controls, grading, drainage, driveways, parking and other pavements,
connections to public utilities, and septic systems.
For the purposes of this section, the term "boulevard" shall mean the area of
a public right-of-way extending from the back of the curb, or the edge of a
roadway where no curb is installed, to the private property line/s fronting on
right-of- way.)
B. Security Agreement and Surety; Completion Of Required Improvements:
1. If the required improvements are not completed prior to final inspection by
the Building Official, the general contractor, builder or property owner shall
furnish to the city a security agreement and surety, in the contract form
and amount as may be determined by the Building Official, but not to
exceed one hundred fifty percent (150%) of the Building Official's
estimated cost for such improvements. The required improvements shall
be completed within a time period as may be determined by the Building
Official and as specified in the security agreement, but not to exceed eight
(8) consecutive months. However, required landscaping improvements
delayed by winter weather shall be completed before the date of July 1
following the date of the security agreement. Upon completion of required
improvements, the party having furnished the security agreement and
surety may request to the Building Official release of all or part of the
surety provided hereunder. The Building Official shall verify completion of
the required improvements and may release all or part of the surety to the
party having provided the surety. If the Building Official denies release, the
Building Official shall state in writing the reasons for such denial. The
party having furnished the request for release of surety may appeal the
decision to the City Council by filing with the Building Official a written
request for such appeal within ten (10) days after receiving notice of denial
from the Building Official. The appeal shall be placed on the agenda of
the next regular City Council meeting. The party having furnished the
request for release of surety shall be notified of the time and place of such
meeting. The Council may affirm or reject the decision of the Building
Official.
2. The surety referred to in this chapter may be furnished to the city as cash,
money order or cashier's check to be deposited in a city escrow account,
an irrevocable letter of credit or other instrument that provides an equal
performance guarantee to the City.
3. If the improvements for which a security agreement and surety have been
given are not completed within the time period specified in the security
agreement, the party having furnished the surety shall upon written
demand from the city, forfeit the security agreement and surety to the city.
Thereafter, the city may use the proceeds from the surety to:
a. pay for reasonable administrative, enforcement and legal costs
incurred by the city in its efforts to complete the required
improvements;
b. pay for reasonable city incurred costs for its direct or contracted
installation of the required improvements; and
c. reimburse others who may complete the required improvements.
4. After the required improvements have been completed, accepted by the
Building Official and paid for, any excess proceeds of the surety shall be
returned to the party having furnished the surety.
5. If proof of other surety covering the required improvements is provided by
the general contractor, builder or property owner, the above surety will not
be required.
9-1-6: CONSTRUCTION NEAR WDE SITE:
A. No Construction Within Two Hundred Feet Of Site: No enclosed structure,
except those permitted in the Closed Landfill Restricted Zoning District, shall
be built within two hundred feet (200') of the limit of refuse disposal at the
WDE qualified facility as depicted as Line E in Exhibit A attached to
Ordinance 205 on file in the office of the City Clerk for public use and
inspection (Exhibit A is a drawing of the WDE qualified facility), nor within the
qualified landfill facility for any property north of Coon Creek. (AMENDED
ORD. 335, 9-19-2006)
B. Construction Within Two Hundred To Five Hundred Feet Of Site:
1. Prior To Construction; Soil Gas Monitoring Probe Required:
a. For any enclosed structure to be erected within two hundred feet (200')
to five hundred feet (500') of the limit of refuse disposal at the WDE
qualified facility as depicted in Exhibit A attached to Ordinance 205 on
file in the office of the City Clerk for public use and inspection,
excluding property north of Coon Creek (the line 500 feet distant from
the limit of refuse disposal is depicted as Line F), the property owner
shall, prior to construction of the structure, install a soil gas monitoring
probe located between the structure and the limit of refuse disposal at
the WDE qualified facility. The soil gas-monitoring probe shall be of a
design approved by the Commissioner of the Minnesota Pollution
Control Agency ("Commissioner") and shall be installed in a location
approved by the Commissioner. The soil gas-monitoring probe shall be
installed by a water well contractor licensed in the State of Minnesota.
Installation of a soil gas- monitoring probe pursuant to this Subsection
B1a shall not be required if the Commissioner, in his/her sole
discretion, determines that an existing soil gas-monitoring probe
located in between the proposed enclosed structure and the limit of
refuse disposal at the WDE qualified facility provided adequate
monitoring.
b. The property owner and his/her successors and assigns shall grant the
Commissioner and his/her designates access to the property in order
to conduct sampling of the soil gas-monitoring probe until such time as
the Commissioner determines further monitoring is unnecessary.
c. Within thirty (30) days of the Commissioner's determination that the
soil gas-monitoring probe is no longer required, the property owner, at
the time determination is made, shall have the soil gas-monitoring
probe abandoned in accordance with Minnesota Department of Health
water well abandonment requirements, including having a licensed
water well contractor perform the abandonment using grout from the
bottom up and cutting the monitoring probe riser below the ground
surface.
2. Explosive Gas Monitor Installation Requirements: Installation
Requirements: If the permanent gas probes located between the refuse
limit and the new structures detect methane, then the property owners of
all enclosed structures erected within two hundred feet (200') to five
hundred feet (500') of the limit of refuse disposal at the WDE qualified
facility, excluding property north of Coon Creek, shall be required to
install and maintain one continuous explosive gas monitor (equipped with
an alarm set to sound at an explosive gas concentration of twenty
percent (20%) of the lower explosive limit (LEL) for methane).
C. Extraction Of Ground Water:
1. The extraction of ground water for any purpose, other than by the
Commissioner as he/she deems necessary to carry out his/her duties and
authorities under the Landfill Cleanup Act, Minnesota Statutes Sections
115B.39 to 115B.445 ("act"), and the landfill cleanup agreement between
the county, the WDEPRP group and its members, and the Commissioner
("agreement"), from the upper sand aquifer within a distance of five
hundred feet (500') from the limit of refuse disposal at the WDE qualified
facility is prohibited. This prohibition shall not apply to the repair or
replacement of existing wells, provided there is no material increase in the
quantity of ground water extracted from the repaired or replaced well as
compared to the existing well, and that the water used for drinking water
purposes from the repaired/replaced well complies with all applicable
drinking water standards. Any dewatering required for the installation of a
public utility or for the repair, reconstruction, or expansion of public roads
or highways within the area covered by this prohibition shall be subject to
the advance written approval of the Commissioner and, if approved, shall
be excluded from this prohibition.
2. The extraction of ground water for any purpose without the prior written
approval of the Commissioner, other than by the Commissioner as he/she
deems necessary to carry out his/her duties under the act and the
agreement from the lower sand aquifer within the area designated by Line
G on Exhibit A attached to Ordinance 205 on file in the office of the City
Clerk for public use and inspection, is prohibited. This prohibition shall not
apply to the repair or replacement of existing wells; provided that there is
no material increase in the quantity of ground water extracted from the
repaired and replaced well as compared to the existing well and that the
water used for drinking water purposes from the repaired/replaced well
complies with all applicable drinking water standards. (Amended Ord. 205,
3-4-1997; amd. 2003 Code)
9-1-7: VIOLATION; PENALTY: A violation of this chapter is a misdemeanor
according to Minnesota Statutes Section 16B.69 and Minnesota Rules, Chapter
1300. (Ord. 205B, 5-6-2003; Amended Ord. 458, 4-5-16)
CHAPTER 2
WATER-FED HEAT EXTRACTORS AND
AIR CONDITIONING EQUIPMENT
SECTION:
9-2-1: Water – fed Heat Extractors and Air Conditioning Equipment
9-2-2: Violation: Penalty
9-2-1: WATER-FED HEAT EXTRACTORS AND AIR CONDITIONING
EQUIPMENT: Water- fed Heat Extractors and Air Conditioning Equipment may be
installed only in accordance with the city, county, state and federal law.
9-2-2: VIOLATION; PENALTY: Violations shall be considered a
misdemeanor, and penalties assessed under this chapter shall be as prescribed
by law. (Ord. 73, 11-5-1985; Amended Ord. 458, 4-5-16)
CHAPTER 3
MINIMUM ELEVATIONS AND STANDARDS FOR
BUILDING AND DRIVEWAY CONSTRUCTION
SECTION:
9-3-1: Scope And Purpose
9-3-2: Definitions
9-3-3: Elevations And Slopes
9-3-4: Driveways
9-3-5: Culverts
9-3-6: Violation; Penalties
9-3-1: SCOPE AND PURPOSE: All buildings and driveways constructed in
the city shall meet or exceed the minimum standards established by this chapter.
The purpose of the minimum standards imposed by this chapter is to ensure that
proper drainage is maintained and to prevent public liabilities from being caused
inadvertently. (Ord. 204, 3-4-1997)
9-3-2: DEFINITIONS: For the purpose of this chapter, the meanings of
certain words and terms shall be as defined in the Minnesota State Building Code as
adopted by the city.1 (Ord. 204, 3-4-1997)
9-3-3: ELEVATIONS AND SLOPES:
A. Standards:
1. Grading, Drainage and Slopes :
a. Grading and Drainage:
i. Grading for buildings or other improvements to property shall not
interrupt or alter the natural drainage course, the drainage plan for
a subdivision or the existing drainage facilities in such a way as to
damage or endanger by flooding, erosion, nuisance water or any
1 See Section 9-1-1 of this title.
other means. This includes altering surface sheet flow by the
erection of fences, berms, swales, curbs, retaining walls or any
other excavation, fill or structure, if such alteration will affect flow in
any existing drainage course or facility without specific approval
from the Building Official.1
ii. Building sites shall be graded and drained so as to be free of
standing water that may constitute a detriment to health and safety.
b. Graded Slopes: Finished yards shall be graded to provide slopes not
exceeding 4:1 (25% grade).
c. Front Of Building Grade: The minimum grade at the front of any
building constructed on any lot within the city will not be less than one
and one-half feet (1 1/2') above the elevation of the street directly in
front of the building.
2. Garages And Driveways:
a. The elevation of all garage floors shall be above the grade elevation
immediately in front of the vehicular access door. The garage floor
shall be a minimum of eighteen inches (18") above the finished
centerline street elevation.
b. All driveways shall slope upward from the curb or edge of street. All
driveways shall slope downward from the garage toward the curb or
edge of street. The slope of all driveways shall not be less than one
percent (1%) nor more than eight percent (8%) overall rise. The
driveway slope for the first eight feet (8') from the curb to the house
shall not exceed a two percent (2%) rise.
3. Basements And Low Floors: Basement or low floor elevation shall be a
minimum of three feet (3') above the seasonal high water mark or two feet
(2') above the designated or designed 100-year flood elevation, whichever
is higher, unless evidence is submitted and certified by a geotechnical
engineer hired by the city at the expense of the developer and approval is
granted by the City Council that a separation of less than three feet (3')
can be achieved and is warranted. (Amended Ord. 375, 12-2-08)
B. Variances: If construction plans are submitted in sufficient detail to
demonstrate that proper drainage and erosion control can be maintained at
lesser elevations or with steeper slopes the City Building Official may, in his
or her discretion, vary the terms of this section.
1 (See also: 9-9-11, Title 10, Chapter 6, Title 12 and Chapter 11 Section 5; and 13-1-3; 13-4-2;
13-4-6; 13-5-3; 13-6-6)
C. Appeals: Any party aggrieved by a decision of the Building Official shall
have the right to appeal said decision to the City Council. (Ord. 204, 3-4-
1997)
9-3-4: DRIVEWAYS:
A. General Construction Standards: An access drive or driveway shall be
provided to every principal building and shall be constructed according to the
minimum standards of the city. When said building is one hundred fifty feet
(150') or more from a thoroughfare or street, an access drive shall be
constructed with a clear cut width of sixteen feet (16') and shall have a built
up base twelve feet (12') wide consisting of four inches (4") of class 5 gravel
(or equal). Said drive shall also have variable ditches for its entire length.
B. Surfacing: All subdivisions served by municipal sanitary sewer and/or
water shall have hard surfaced driveways constructed per city engineering
design standards. All subdivisions not served by municipal sanitary sewer
and/or water shall from the street to the property line have hard surfaced
driveways, per city engineering design standards. All access driveways
shall be surfaced with a sufficient amount of erosion resistance material so
that driveway surfaces will remain intact during normal usage and weather
conditions. (Ord. 204, 3-4-1997)
9-3-5: CULVERTS: For driveways that are constructed across drainage or
road ditches or swales, culverts shall be installed under the driveway. The culverts
shall be of such size deemed necessary by the Building Official to carry the
expected flow rate of storm water, shall not be less than twelve inches (12") in
diameter, and shall be corrugated metal or equal. Culverts located within the right-of-
way of the County Highway Department shall meet all of its permit requirements.
(Ord. 204, 3-4-1997)
9-3-6: VIOLATION; PENALTIES: Any person who violates any provision of
this chapter shall be guilty of a misdemeanor and shall be subject to applicable fines
and imprisonment defined by state law. (Ord. 204, 3-4-1997; Amended Ord. 458, 4-
5-16)
CHAPTER 4
SWIMMING POOLS, SPAS AND HOT TUBS
SECTION:
9-4-1: Purpose
9-4-2: Definitions
9-4-3: Permit And Compliance Required
9-4-4: Construction Standards
9-4-5: Access Barrier Requirements
9-4-6: Violation A Misdemeanor
9-4-1: PURPOSE: The purpose of this chapter is to regulate the location
of outdoor swimming pools, spas and hot tubs on residentially zoned property
and require access barriers to protect the health, safety and general welfare of
the public. (Amended Ord. 228, 7-1-1997; Amended Ord. 488, 3-5-19)
9-4-2: DEFINITIONS: For the purpose of this chapter, certain terms,
words and phrases are defined as follows:
ABOVEGROUND/
ONGROUND POOL: See definition of Swimming Pool.
ACCESS BARRIER: A fence, wall, building wall, a combination thereof,
or equally protective barrier as determined by the
City, which completely surrounds the swimming
pool and obstructs access to the swimming pool.
(Amended Ord. 488, 3-5-19)
HOT TUB: See definition of Swimming Pool.
INGROUND POOL: See definition of Swimming Pool.
SPA: See definition of Swimming Pool.
SWIMMING POOL: Any structure intended for swimming or
recreational bathing (noncommercial use) that
contains water over twenty-four inches (24")
deep. This includes in-ground, aboveground and
on-ground swimming pools; hot tubs; portable
and non-portable spas; and fixed in place wading
pools.
SWIMMING POOL,
INDOOR: A swimming pool that is totally contained within a
residential structure and surrounded on all four (4)
sides by walls of said structure.
SWIMMING POOL,
OUTDOOR: Any swimming pool that is not an indoor pool.
(Amended Ord. 228, 7-1-1997)
9-4-3: PERMIT AND COMPLIANCE REQUIRED: No person shall
construct, alter or renovate a swimming pool without an approved building permit.
Permits are required for swimming pools that exceed 5,000 gallons capacity and
a 24-inch depth. All swimming pools that require a permit shall comply with the
access barrier requirements as stated in Section 9-4-5 of this chapter. (Amended
Ord. 228, 7-1-1997; Amended Ord. 488, 3-5-19; Amended Ord. 526, 11-16-21)
9-4-4: CONSTRUCTION STANDARDS: All swimming pools are required
to meet the following construction standards in addition to all Minnesota State
Building Code requirements: (Amended Ord. 228, 7-1-1997; amd. 2003 Code;
Amended Ord. 488, 3-5-19)
A. Location:
1. Swimming pools shall not be located beneath utility lines nor over
underground utility lines of any type.
2. No person, firm or corporation shall build, situate or install a swimming
pool within ten feet (10') of any side or rear lot line, nor within six feet (6')
of any principal structure, nor closer to the front lot line than the principal
structure, except as herein provided. On residential parcels of land of one
acre or more, a swimming pool may be constructed closer to the front lot
line than the principal structure, however, the minimum distance it may be
from the front line shall be two hundred feet (200').
3. No swimming pool shall be located within twenty feet (20') of any part of
an on-site sewer system or area designated as an alternate drain field.
B. Fence Required During Construction: While being constructed, the
swimming pool must be provided with a temporary or permanent access
barrier. If a portable fence is used as a temporary access barrier, such
fence must be not less than four feet (4') in height and meet the access
barrier requirements of 9-4-5. (Amended Ord. 228, 7-1-1997; Amended
Ord. 488, 3-5-19)
9-4-5: ACCESS BARRIER REQUIREMENTS:
A. Outdoor Swimming Pools:
1. All outdoor swimming pools constructed shall be completely enclosed
by an access barrier consisting of, fence, wall, combination thereof, or
equally protective barrier of the non-climbing type, so as to not be
penetrable by toddlers. Such access barrier shall afford no external
handholds or footholds and be a minimum of four feet (4') in height. An
access barrier must be provided for aboveground pools except where the
side wall height is entirely at least four feet (4'), and the only pool access
is by removable steps, which must be removed when the swimming pool
is unattended. (Amended Ord. 488, 3-5-19)
2. All outdoor points of entry through the access barrier or fence into the
swimming pool area shall be equipped with self-closing and self-
latching devices. The release mechanism for the gate of the access
barrier is required to be a minimum of 60-inches (60”) above grade on
either side of the access barrier. If the release mechanism is less than
60-inches (60”) above grade, it must be on the pool side of the gate, at
least four-inches (4”) below the top of the gate, and the gate and
access barrier or fence shall have no opening greater than half-an-inch
(0.5”) within eighteen-inches (18”) of the release mechanism.
Openings through or below the access barrier shall not allow the
passage of a 4-inch diameter sphere. (Amended Ord. 488, 3-5-19
Amended Ord. 526, 11-16-21)
3. Alternative barrier/s to swimming pool fence may be allowed by the
Building Official where determined that the alternative barrier is equally
impenetrable and protective of public safety. Plans and specifications
for any alternative barrier must be submitted to the Building Official and
must substantially demonstrate equal protection of public safety. A
retractable pool cover alone is hereby determined to not be equally
protective. (Amended Ord. 488, 3-5-19)
Where the swimming pool permit applicant or owner choose to appeal
the decision of the Building Official, such appeal must be made in
writing by the applicant to the Andover Architectural Review
Committee, and further to the City Council as may be determined by
the permit applicant. (Amended Ord. 488, 3-5-19)
B. Outdoor Spas And Hot Tubs: All outdoor spas and hot tubs shall either
have an access barrier as described in this section or a latchable cover.
The cover shall be constructed of a material not to be penetrable by
toddlers and is subject to inspection and approval by the Building Official
or designee. (Amended Ord. 228, 7-1-1997; Amended Ord. 488, 3-5-19)
9-4-6: VIOLATION A MISDEMEANOR: Any person, firm or corporation
violating any provision of this chapter shall be guilty of a misdemeanor as defined
by state law. (Amended Ord. 228, 7-1-1997)
CHAPTER 5
NUMBERING PROPERTIES AND BUILDINGS
SECTION:
9-5-1: Purpose
9-5-2: Assignment of Numbers
9-5-3: Display Of Numbers; Specifications
9-5-4: Administration Of Numbering System
9-5-5: Violation: Penalty
9-5-1: PURPOSE: For the purpose of providing for the health, safety and
general welfare of the residents, a uniform system of numbering properties and
principal buildings is hereby adopted for use in the city as indicated on certain
maps identified as the City of Andover on file at City Hall and in the County
Surveyor's office. (Ord. 239, 11-4-1997)
9-5-2: ASSIGNMENT OF NUMBERS: All properties and principal
buildings within the city shall hereafter be identified by reference to the uniform
numbering system adopted herein. Each principal building shall bear the number
assigned to the frontage on which the front entrance is located. In case a
principal building is occupied by more than one business or family dwelling unit,
each separate front entrance of such building shall bear a separate number.
(Ord. 239, 11-4-1997)
9-5-3: DISPLAY OF NUMBERS; SPECIFICATIONS: It shall be the duty
of the property owner of every house and industrial, commercial or other building,
to have proper house or building numbers by affixing such numbers in either
metal, glass, plastic, or other durable material approved by the Building Official;
the numbers shall be not less than three inches (3") in height, in a contrasting
color to the building; said numbers shall either be lighted or made of some
reflective material and so placed to be easily seen from the street or placed on
the mailbox if the mailbox is located on the street of the property and the house
cannot be seen from the street. All auxiliary buildings within a unit having an
assigned number, such as garages, barns, and buildings of like nature, are not
affected by this chapter. (Ord. 239, 11-4-1997)
9-5-4: ADMINISTRATION OF NUMBERING SYSTEM: The Building
Official or designee shall be responsible for maintaining the numbering system
and shall keep a record of all numbers assigned under this chapter. The Building
Official or designee may assign additional numbers in accordance with the official
uniform numbering system whenever a property has been subdivided or a new
front entrance has been established. The property owner shall be responsible for
obtaining suitable numbers for property identification pursuant to Section 9-5-2 of
this chapter. (Ord. 239, 11-4-1997)
9-5-5: VIOLATION; PENALTY: Any person, firm or corporation who
violates any provision of this chapter shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished as defined by state law. (Ord. 239, 11-4-
1997)
CHAPTER 6
MANUFACTURED HOME PARKS; MOBILE HOMES; SACRED
COMMUNITIES AND MICRO-UNIT DWELLINGS
SECTION:
9-6-1: Purpose
9-6-2: Definitions
9-6-3: Manufactured Home Park Standards
9-6-4: Covenants And Bylaws
9-6-5: Temporary Mobile Homes
9-6-6: Sacred Communities and Micro-Unit Dwellings
9-6-7 Exemptions From Provisions
9-6-8: Violation; Penalties
9-6-1: PURPOSE: The purpose of this chapter is to allow manufactured
home parks in permitted zoning districts in the city with appropriate design and
site requirements. (Amended Ord. 201, 2-18-1997)
9-6-2: DEFINITIONS: The following words and terms shall have the
following meanings in this chapter:
DWELLING UNIT: A residential building or portion thereof intended for
occupancy by a family and it shall include
manufactured homes.
MANUFACTURED HOME: A dwelling unit, transportable in one or more
sections, that is eight feet (8') or more in width or forty
feet (40') or more in length, or when erected on site
complies with the minimum floor area requirements as
stated in the zoning ordinance1, and which is built on
a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when
connected to the required utilities, and includes the
plumbing, heating, air conditioning, and electrical
systems contained therein; except, that the term
includes any structure which meets all the
requirements and with respect to which the
manufacturer voluntarily files a certificate required by
the Secretary of the United States Department of
1 See section 12-2-2 of this code, definition of “manufactured home”.
Housing and Urban Development and complies with
the standards established under the Minnesota State
Building Code.
MANUFACTURED
HOME PARK: Any premises (minimum acreage 20 acres, which
is contiguous) that has facilities (public sewer and
public water) to accommodate more than one
occupied manufactured home on a parcel of land
and is properly zoned for such use.
MICRO UNIT: A mobile residential dwelling providing permanent
housing within a sacred community that meets the
requirements established by Minnesota State Statute.
(Amended Ord. 561, 5/7/24)
SACRED COMMUNITY: A residential settlement meeting the requirements
established by Minnesota State Statute that is located
on or contiguous to the grounds of a religious
institution’s primary worship location primarily for the
purpose of providing permanent housing for the
following groups of individuals as defined by
Minnesota State Statute: chronically homeless
persons, extremely low-income persons, and
designated volunteers. (Amended Ord. 561, 5/7/24)
UNIT: A section of ground in a manufactured home park that
meets the minimum lot area per dwelling unit and
other minimum requirements as stated in the zoning
ordinance and complies with all other requirements as
stated in this chapter. No more than one
manufactured home shall be placed on any single lot
or unit. (Amended Ord. 201, 2/18/1997; amd. 2003
Code)
9-6-3: MANUFACTURED HOME PARK STANDARDS: A manufactured
home park plan shall show and comply with the platting ordinance which
establishes regulations and procedures for the subdivision and platting of land in
the city 1 and all other applicable city ordinances. The manufactured home park
plan shall also include and comply with the following site requirements and
design standards:
A. Minimum Setback Requirements:
1. Minimum distance between manufactured homes is thirty feet (30').
1 See title 11 of this code.
2. Where a manufactured home park abuts a commercial, industrial or
residential zoning district, there shall be a setback of at least one hundred
feet (100') that shall be landscaped and maintained (landscaping and
design to be approved by City Council).
B. Decks And Patios: A concrete patio (4 inch thickness) or deck shall be
constructed on the ground not less than five feet (5') from each
manufactured home. The patio or deck shall not be less than two
hundred (200) square feet in area.
C. Landscaping:
1. At least one tree shall be placed and maintained on each lot (tree type
and location to be approved by the city).
2. Each lot shall be sodded and maintained with grass with the exception
of areas covered by the home, patios, sidewalks, decks, parking areas
and off street parking areas.
D. Access, Parking And Garages:
1. An off street parking area of at least two hundred twenty (220) square
feet and a garage (minimum 220 square feet) shall be provided for each
manufactured home lot. The parking area shall be asphalt or concrete and
meet city construction and design standards1.
2. Two (2) or more parking areas (guest/overflow parking) shall be
provided in the manufactured home park. One space for each
manufactured home lot shall be provided.
3. Each manufactured home shall have driveway access to a street.
E. Screening Of Refuse Containers: All refuse containers that are shared
by the residents in the park shall be screened from view of adjacent
properties and roads by a wood fence or other material approved by
the city.
F. Enclosed Storage Of Boats And Trailers: All boats and trailers located
in the park shall be stored within enclosed structures.
G. Parks/Open Space: A minimum of ten percent (10%) of the total
manufactured home park shall be devoted to park and recreation and/or
open space. (Amended Ord. 201, 2-18-1997)
1 See chapter 3 of this title.
H. Facility Buildings: Each manufactured home park shall contain one or
more enclosed facility buildings with space devoted to office, emergency
services shelter (basement), laundry, sanitary and recreational facilities.
The building shall be designed to accommodate at least fifteen (15)
square feet of space per manufactured home lot, but in no case shall the
building be less than two thousand five hundred (2,500) square feet.
(Amended Ord. 201, 2-18-1997; amd. 2003 Code)
9-6-4: COVENANTS AND BYLAWS: The owner of the manufactured
home park shall furnish a copy of covenants, restrictions and bylaws of the
manufactured home park to the city. (Amended Ord. 201, 2-18-1997)
9-6-5: TEMPORARY MOBILE HOMES: The Building Official may issue a
permit for a mobile home to be placed on a single-family residentially zoned lot
outside the Metropolitan Urban Service Area only when the principal structure
has been damaged by a disaster. The mobile home shall be used for temporary
dwelling purposes and shall be removed from the residential lot within one
hundred eighty (180) days from the date the permit was issued. (Amended Ord.
201, 2-18-1997)
9-6-6: SACRED COMMUNITIES AND MICRO-UNIT DWELLINGS: Micro-
units must comply with the requirements established by Minnesota State Statute
and with the City’s setback requirements for manufactured homes. This includes
meeting all applicable setbacks for the zoning district in which sacred
communities are located and having a minimum distance between micro-units of
thirty feet (30’). (Amended Ord. 561, 5/7/24)
9-6-7: EXEMPTIONS FROM PROVISIONS: The provisions contained in
this chapter shall not apply to manufactured homes or travel trailers that are used
for office space by construction companies or firms while in the process of
working on projects approved by the city. Such units shall not be allowed to be
utilized for the purposes of habitation and shall be allowed for a period not to
exceed six (6) months. (Amended Ord. 201, 2-18-1997; amd. 2003 Code)
9-6-8: VIOLATION; PENALTIES: Any person who violates any provision
of this chapter shall be guilty of a misdemeanor and shall be subject to applicable
fines and imprisonment defined by state law. In addition to the penalties imposed
by this chapter, the city may exercise, with or separately from such penalties, all
and any other legal and equitable remedies then available to the city by this
chapter, or by statute, or by other ordinance of the city, or by applicable rules or
regulations, to enforce this chapter, including, without limitation, injunction.
(Amended Ord. 201, 2-18-1997)
CHAPTER 7
COMMERCIAL BUILDING CONSTRUCTION STANDARDS
SECTION:
9-7-1: Findings And Purpose
9-7-2: Submission And Review Of Plans
9-7-3: Construction Standards
9-7-4: Occupancy Of Uncompleted Building
9-7-5: Nonconforming Structures And Uses
9-7-6: Violation; Penalty
9-7-1: FINDINGS AND PURPOSE: The City Council finds that certain lands
within the city are uniquely suited for commercial and industrial development by
reason of their proximity to major transportation routes, soil type and quality,
adjacent land uses and market value. In order to preserve the general welfare and
safety of the general public, to promote economic growth and employment
opportunity, to promote orderly commercial and industrial growth and to protect and
enhance municipal investment in commercial and industrial park improvements, the
city finds it necessary to implement controls within the lands zoned nonresidential.
(Ord. 249, 12-1-1998; amd. 2003 Code)
9-7-2: SUBMISSION AND REVIEW OF PLANS:
A. Persons making application for a building permit shall submit building
designs along with a commercial building application form to the
Community Development Department. All commercial building applications
shall be reviewed by the Andover Review Committee. All building designs
and site plans shall be colored.
B. All other exterior building items as noted on the site plan such as, but not
limited to, fencing, landscaping, parking, paving, outdoor storage, refuse
containers etc., shall be reviewed and approved by the Andover Review
Committee. (Ord. 249, 12-1-1998)
9-7-3: CONSTRUCTION STANDARDS:
A. Materials Of Construction:
1. All buildings located within a non-residentially zoned district (NB, LB, SC,
GB, I or GR) shall be of masonry construction, its equivalent or better.
Upon approval of the Andover Review Committee, wood frame
construction may be considered equivalent to masonry. (Ord. 249, 12-1-
1998; amd. 2003 Code)
2. Walls of such buildings facing on streets must be finished with face brick,
stone, glass, wood or their aesthetic equivalent. Any building wall facing a
residentially zoned district shall not be finished with exposed plain-faced
poured concrete or concrete block.
B. Building Design: The building design shall exhibit architectural control that
seeks to be creative and maximize building lines, shades, and angles to
maximize architectural uniqueness. (Ord. 249, 12-1-1998)
9-7-4: BUILDING OCCUPANCY PRIOR TO COMPLETION OF REQUIRED
IMPROVEMENTS: As may be determined by the Building Official, when
circumstances do not permit the substantial completion of required improvements for
a commercial building project, the general contractor, builder or owner may apply for
a Certificate of Occupancy and enter into a security agreement with the city and
furnish a surety as provided in Section 9-1-5 of this Title.
9-7-5: NONCONFORMING STRUCTURES AND USES: Except as
otherwise provided by law, any nonconformity, including the lawful use or occupation
of land or premises existing at the time of the adoption of an additional control under
this chapter, may be continued, including through repair, replacement, restoration,
maintenance, or improvement, but not including expansion, unless:
A. The nonconformity or occupancy is discontinued for a period of more than
one year; or
B. Any nonconforming use is destroyed by fire or other peril to the extent of
greater than 50 percent of its estimated market value, as indicated in the
records of the county assessor at the time of damage, and no building permit
has been applied for within 180 days of when the property is damaged. In this
case, a municipality may impose reasonable conditions upon a zoning or
building permit in order to mitigate any newly created impact on adjacent
property or water body. When a nonconforming structure in the shoreland
district with less than 50 percent of the required setback from the water is
destroyed by fire or other peril to greater than 50 percent of its estimated
market value, as indicated in the records of the county assessor at the time of
damage, the structure setback may be increased if practicable and
reasonable conditions are placed upon a zoning or building permit to mitigate
created impacts on the adjacent property or water body.
9-7-6: VIOLATION; PENALTY: Any person violating any provision of this
chapter shall be guilty of a misdemeanor as defined by state law and subject to the
penalties therefore. (Ord. 249, 12-1-1998; Amended Ord. 458, 4-5-16)
CHAPTER 8
PROPERTY MAINTENANCE STANDARDS
ARTICLE A. IN GENERAL
SECTION:
9-8A-1: Purpose and Scope
9-8A-2: Definitions
9-8A-3: Responsibilities of Owners and Occupants
9-8A-4: Minimum Standards for Basic Equipment and Facilities
9-8A-5: Stairways, Porches and Balconies
9-8A-6: Access to Dwelling Units
9-8A-7: Door Locks
9-8A-8: Minimum Standards for Light and Ventilation
9-8A-9: Minimum Thermal Standards
9-8A-10: General Requirements
9-8A-11: Construction Standards
9-8A-12: Maximum Density, Minimum Space for Rental Units
9-8A-13: Enforcement and Inspection Authority
9-8A-14: Inspection Access
9-8A-15: Unfit for Human Habitation
9-8A-16: Secure Unfit and Vacant Dwellings
9-8A-17: Hazardous Building Declaration
9-8A-18: Compliance Order
9-8A-19: Right to Appeal
9-8A-20: City Council’s Decision
9-8A-21: Restriction on Transfer of Ownership
9-8A-22: Penalties
9-8A-23: Execution of Compliance Orders of Public Authority
9-8A-1: PURPOSE AND SCOPE
A. Purpose: The purpose of this Chapter is to protect the health, safety,
and the general welfare of the people of the City. These general objectives
include, among others, the following:
1. To establish the minimum regulations governing the conditions and
maintenance of all property, buildings, and structures within the City;
2. To protect the character and stability of residential areas within the
City;
3. To correct and prevent housing conditions that adversely affect or are
likely to adversely affect the life, safety, general welfare, and health of
the people of the City;
4. To provide standards for heating and sanitary equipment and for light
and ventilation necessary to protect the health and safety of occupants
of buildings;
5. To prevent the overcrowding of dwellings;
6. To provide standards for the maintenance of existing residential
buildings and accessory structures and to thus prevent substandard
housing and blight;
7. To preserve the value of land and buildings throughout the City.
With respect to disputes between tenants and landlords, and except as
otherwise specifically provided by the terms of this ordinance, it is not the
intention of the City Council to intrude upon the contractual relationship
between the tenant and landlord. The City Council does not intend to
intervene as an advocate of either party, nor to involve itself in rent disputes,
nor to act as an arbitrator, nor to hear complaints from the tenant or landlord
which are not specifically and clearly relevant to the provisions of this
Chapter.
B. Scope: The provisions of this code shall apply to all existing residential
and non-residential structures and all existing premises. This Chapter shall
constitute the minimum standards for premises, structures, and facilities for
light, ventilation, life safety, safety from fire, and other hazards and for safe
and sanitary maintenance.
9-8A-2: DEFINITIONS: The definitions contained in Section 12-2-2 of this Code
apply herein. Additionally, the following definitions shall apply in the interpretation
and enforcement of this Chapter. In the event of a conflict between the definitions
contained in Section 12-2-2 and this Section, the definitions contained in this Section
shall control.
ACCESSORY USE OR
STRUCTURES: A use or structure subordinate to and serving the
principal use or structure on the same lot and customarily
incidental thereto which is not used for living or sleeping
by human occupants.
ANDOVER BUILDING
CODE: The Minnesota State Building Code, International
Building Code (IBC) and International Residential Code
(IRC) as may be adopted by the City.
BUILDING: Any structure having a roof which may provide shelter or
enclosure for persons, animals, or chattels, and when
said structure is divided by party walls without openings,
each portion of such building so separated shall be
deemed a separate building.
BUILDING OFFICIAL: The designated agent authorized by the City Council to
administer and enforce this chapter.
DWELLING: A building, or one or more portions thereof, occupied or
intended to be occupied for residential purposes, but not
including rooms in motels, hotels, nursing homes,
boarding houses, trailers, tents, cabins or trailer coaches.
DWELLING UNIT: A single-family dwelling or unit designed to accommodate
one family.
DUPLEX: A building, as referred to as a multi-family dwelling,
designed as a single structure, containing two separate
dwelling units, each of which is designed to be occupied
as a separate permanent residence for one family on one
lot.
FAMILY: A. An individual or two (2) or more persons related by
blood, marriage or adoption living together; or
B. A group of not more than five (5) persons who need
not be related by blood, marriage or adoption, living
together as a single housekeeping unit in a dwelling unit,
exclusive of usual servants.
GARBAGE: Animal and vegetable waste resulting from the handling,
preparation, cooking, marketing or processing of food, or
the non-consumed waste resulting from animals or
humans consuming food.
HABITABLE BUILDING: Any building or part thereof that meets minimum
standards for use as a home or place of abode by one or
more persons.
HABITABLE ROOM: A room with enclosed floor space used or intended to be
used for living, sleeping, cooking, or eating purposes,
excluding bathrooms, water closet compartments,
laundries, furnace rooms, unfinished basements (those
without required ventilation, required electric outlets and
required exit facilities), pantries, utility rooms of less than
fifty (50) square feet of floor space, foyers,
communicating corridors, stairways, closets, storage
spaces, workshops, and hobby and recreation areas in
parts of the structure below ground level or in attics.
HEATED WATER: Water heated to a temperature of not less than one
hundred ten degrees Fahrenheit (110°F), or such lesser
temperature required by government authority, measured
at faucet outlet.
KITCHEN: A space which contains a sink with counter working
space, space for installing cooking and refrigeration
equipment, and space for the storage of cooking utensils.
LEASE: A written or oral agreement to rent. For use as a verb,
see rent.
LET: To lease a premises or any portion thereof.
MAINTENANCE: Upkeep of property and equipment in a safe working
condition for which it was installed and/or constructed.
MULTIPLE-FAMILY
DWELLING: A dwelling or portion thereof containing two (2) or more
dwelling units.
OCCUPANT: Any person (including owner operator) living, sleeping,
cooking and eating in a dwelling unit or living and
sleeping in a rooming unit.
OPERATE: To charge rent for the use of a unit in a rooming unit.
OPERATOR: The owner or his/her agent who has charge, care,
control, or management of a building, or part thereof, in
which dwelling units or rooming units are let.
OWNER: Any person, firm or corporation who, alone, jointly, or
severally with others, shall be in actual possession of,
have charge of, care of, or control of any dwelling,
dwelling unit, or rooming unit within the City as owner,
employee or agent of the owner, or as trustee or
guardian of the estate or person of the title holder. Any
person representing the actual owner shall be bound to
comply with the provisions of this chapter to the same
extent as the owner.
PERMISSIBLE
OCCUPANCY: The maximum number of persons permitted to reside in a
dwelling unit or rooming unit.
PERSON: An individual, firm, partnership, association, corporation,
company or joint venture or organization of any kind.
PLUMBING: All of the following supplied facilities and equipment in a
dwelling: gas pipes, gas burning equipment, water pipes,
steam pipes, garbage disposal units, waste pipes, water
closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes washing
machines, catch basins, drains, vents and any other
similar fixtures and the installation thereof, together with
all connections to water, sewer and gas lines.
PREMISES: A platted lot or part thereof or unplatted parcel of land,
and adjacent right-of-way, either occupied or unoccupied
by any dwelling or non-dwelling structure, including such
building or accessory structure.
PUBLIC HALL: A hall, corridor or passageway for providing egress from
a dwelling unit to a public way and not within the
exclusive control of one family.
REFUSE: Personal leavings, trash, garbage.
RENT: Consideration paid for the use of premises, including, but
not limited to, money, services and property. As a verb,
the term “rent” means to receive or allow the use of
premises in return for such consideration or any
combination thereof. The term “rent” does not include
arrangements whereby a relative occupies a dwelling and
which arrangement is detailed and sworn to in affidavits
filed by each adult occupant of the dwelling and each
person who is an owner of the dwelling.
RENTAL DWELLING: Any dwelling unit(s) let. Single family residential
properties occupied by a relative shall not be considered
a rental dwelling.
REPAIR: The construction or renewal of any part of an existing
building or its utilities, facilities or equipment for the
purpose of its maintenance.
RODENT HARBORAGE: A place where rodents commonly live, nest, or establish
their habitat.
ROOMING UNIT: Any room or group of rooms forming a single habitable
unit used or intended to be used for living and sleeping,
but not for cooking and eating purposes.
SAFETY: The condition of being reasonably free from danger and
hazards which may cause accidents or diseases.
SUBSTANDARD
DWELLING: Any dwelling that does not conform to the minimum
standards established by City ordinances.
SUPPLIED: Paid for, furnished by, provided by or under the control of
the owner, operator, or agent of a dwelling.
WATER CLOSET: A toilet with a bowl and trap made in one piece, that is
connected to the City water and sewer system or other
approved water supply and sewer system.
9-8A-3: RESPONSIBILITIES OF OWNERS AND OCCUPANTS: No owner or
other person shall occupy or let to another person any dwelling, dwelling unit,
rooming unit, building, or structure unless it and the premises are fit for human
occupancy and comply with all appropriate legal requirements of the State of
Minnesota, and the City of Andover as set forth specifically in the following
subsections:
A. Maintenance of Shared or Public Areas: Every owner of a dwelling
containing two (2) or more dwelling units shall maintain or shall provide
for maintenance of the shared public areas of the dwelling and
premises thereof.
B. Housekeeping of Occupied Areas: Every occupant of a dwelling,
dwelling unit, or rooming unit shall properly housekeep that part of the
dwelling, dwelling unit, and premises thereof that he/she occupies and
controls.
C. Storage and Disposal of Refuse:
1. Every occupant of a dwelling, dwelling unit, rooming unit,
building or structure shall store and dispose of all his/her refuse
and garbage and any other organic waste which might provide
food for insects, rodents and/or vermin as required by Title 4 of
this Code.
2. Every owner of a multiple-family dwelling shall supply facilities
for the storage and/or disposal of refuse and garbage. In the
case of single- or two-family dwellings, it shall be the
responsibility of the occupant to furnish such facilities as
prescribed by City ordinance.
D. Responsibility for Storage and Disposal of Garbage and Refuse: Every
owner of a multiple-family dwelling shall supply facilities for the storage
and/or disposal of refuse, garbage, and recycling materials. All
garbage, waste material, debris, and recyclables shall be kept in an
enclosed building or contained in a closed container designed for such
purposes.
Owners shall provide for refuse enclosures to screen all containers that
are visible from a public street or alley. Such enclosure shall have a
concrete floor base. Gates may not be required if properly oriented on
the site. The design of such enclosures shall be reviewed and
approved by City staff prior to issuing a building permit.
Provisions for storage and disposal of garbage and refuse consistent
with this chapter must be provided for multifamily buildings upon
obtaining a building permit costing more than $5,000.00. In the case of
single-family dwellings, it shall be the responsibility of the occupant to
adequately provide for the storage and disposal of garbage and refuse.
E. Responsibility for the Storm and Screen Doors and Windows: The
owner of any dwelling unit shall be responsible for providing, maintain
and hanging all screen and storm doors and storm windows whenever
the same are required under the provisions of this ordinance.
F. Responsibility for Pest Extermination: Every occupant of a single-
family dwelling unit shall be responsible for the extermination of vermin
infestations and/or rodents on the premises. Every occupant of a
dwelling unit in a building containing more than one dwelling unit shall
be responsible for such extermination whenever his/her dwelling unit is
the only one infested, except when infestation is caused by the failure
of the owner to maintain a dwelling in a reasonably rodent-proof
condition; then, extermination shall be the responsibility of the owner.
When infestation exists in two or more of the dwelling units in any
building or in the shared or public parts of any dwelling containing two
or more dwelling units, extermination shall be the responsibility of the
owner.
G. Rodent Harborage Prohibited in Occupied Areas: No occupant of a
dwelling shall accumulate boxes, firewood, lumber, scrap metal, or any
other similar materials in such a manner that may provide rodent
harborage in or about any dwelling. Outside stored materials shall be
stacked neatly in piles at least four inches off bare soil or ground.
H. Rodent Harborage Prohibited in Public Areas: No owner or occupant of
a dwelling shall accumulate or permit the accumulation of boxes,
lumber, scrap metal, or any other similar materials in such a manner
that may provide rodent harborage in or about shared or public areas
of a dwelling or premises. Materials stored outside by the owner or
permitted to be stored by the owner shall be stacked neatly in piles at
least four inches above bare soil or ground.
I. Prevention of Food for Rodents: No owner or occupant of a dwelling
unit shall store, place, or allow to accumulate any materials that may
serve as food for rodents in a site accessible to rodents.
J. Maintenance of Plumbing Fixtures and Facilities: The owner of a
dwelling unit, rooming unit, building or structure shall maintain all
supplied plumbing fixtures and facilities therein in good working order.
K. Minimum Heating Capability and Maintenance: In every dwelling unit or
rooming unit when the control of the supplied heat is the responsibility
of a person other than the occupant, a room temperature of at least 68
degrees Fahrenheit shall be maintained from October 15th through
April 15th.
L. Removal of Snow and Ice: The owner of any building or structure shall
be responsible for the removal of snow and ice from parking lots,
driveways, steps, and walkways on the premises, as well as from
abutting sidewalks. The owner of any building or structure shall
additionally be responsible for ice control measures. Individual
snowfalls of three inches or more or successive snowfall
accumulations to a depth of three inches shall be removed from
walkways, steps and public sidewalks within 48 hours after cessation
of the snowfall. The City’s policy to assist in snow removal does not
exempt any property owner from meeting these requirements.
M. Minimum Exterior Lighting. The owner of a rental dwelling or dwellings
shall be responsible to provide and maintain effective illumination in all
exterior parking areas and walkways.
N. Maintenance of Driveway and Parking Areas. The owner of a multiple-
family dwelling or dwellings shall be responsible to provide and
maintain in good condition paved and delineated parking areas and
driveways for tenants. Each driveway and parking area on any
multiple-family property existing on or before October 21, 1970 shall be
paved with asphalt, concrete, brick, or similar dust-free surface at such
time as a building permit may be taken for either remodeling or
improvements costing more than $5,000.00.
9-8A-4: MINIMUM STANDARDS FOR BASIC EQUIPMENT AND
FACILITIES: No person shall occupy, rent or let to another for occupancy any
dwelling or dwelling unit for the purposes of living, sleeping, cooking, and eating
therein which does not provide the following:
A. Kitchen Sink: A sink in good working condition and properly connected
to an approved water supply system and which provides at all times an
adequate amount of heated and unheated running water under
pressure and which is connected to an approved sewer system per
Andover City Code.
B. Food Storage: Cabinets and/or shelves for the storage of eating,
drinking, and cooking equipment and utensils, and of food that does
not require refrigeration for safekeeping and a counter or table for food
preparation. The cabinets and/or shelves and counter or table shall be
of sound construction furnished with surfaces that are easily cleanable
and that will not impart any toxic or deleterious effect to food.
C. Stove and Refrigerator: A stove for cooking food and a refrigerator for
the safe storage of food at or below forty (40) degrees Fahrenheit,
which are properly installed with all necessary connections for safe,
sanitary, and efficient operation. Such stove and refrigerator need not
be installed when a dwelling unit is not occupied or when the occupant
is expected to provide same on occupancy, in which case sufficient
space and adequate connections for the installation and operation of
the stove and refrigerator must be provided.
D. Toilet Facilities: Within every dwelling unit there shall be a non-
habitable room which is equipped with a flush water closet in
compliance with the Minnesota State Plumbing Code. Such room shall
have an entrance door which affords privacy. Said flush water closet
shall be equipped with easily cleanable surfaces, shall be connected to
an approved water system that at all times provides an adequate
amount of running water under pressure to cause the water closet to
be operated properly, and all shall be connected to a sewer system in
compliance with Andover City Code.
E. Lavatory Sink: Within every dwelling unit there shall be a lavatory sink.
The sink may be in the same room as the flush water closet, but if
located in another room, the lavatory sink shall be located in close
proximity to the door leading directly into the room in which said water
closet is located. The lavatory sink shall be in good working condition
and shall be properly connected to an approved water system and
shall provide at all times an adequate amount of heated and unheated
running water under pressure and shall be connected to a sewer
system which complies with Andover City Code.
F. Bathtub or Shower: Within every dwelling unit there shall be a non-
habitable room which is equipped with a bathtub or shower in good
working condition. Such room shall have an entrance door which
affords privacy. Said bathtub or shower may be in the same room as
the flush water closet, or in another room, and all shall be properly
connected to an approved water supply system and shall provide at all
times an adequate amount of heated and unheated water under
pressure and shall be connected to a sewer system which complies
with Andover City Code.
9-8A-5: STAIRWAYS, PORCHES AND BALCONIES: The owner shall keep
every stairway, inside or outside of a building, and every porch or balcony in safe
condition and sound repair, including but not limited to the following: stairs and
handrails; every porch, balcony, or deck which is 30 inches or more above grade
shall have a guardrail; every handrail and guardrail shall be firmly fastened and
maintained in good condition; no flight of stairs shall have settled out of its intended
position or have pulled away from the supporting or adjacent structures enough to
cause hazard; no flight of stairs shall have rotting, loose, or deteriorating support;
excepting spiral and winding stairways, the treads and risers of every flight of stairs
shall be essentially uniform in width and height; stairways shall be capable of
supporting a live load of l00 pounds per square foot of horizontal projection.
9-8A-6: ACCESS TO DWELLING UNITS: Access or egress from each
dwelling unit shall be provided without passing through any other dwelling unit.
9-8A-7: DOOR LOCKS: No owner shall let or rent to another for occupancy
any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling units
are equipped with safe, functioning locking devices. Rental dwellings shall be
furnished with door locks as follows:
A. Building Access: For the purpose of providing a reasonable amount of
safety and general welfare for persons occupying multiple-family
dwellings with common areas, an approved security system shall be
maintained for each multiple-family building to control access. The
security system shall consist of locking building entrance or foyer
doors, and locked door leading from hallways into individual dwelling
units. Dead-latch type door locks shall be provided with releasable
lever knobs (or doorknobs) on the inside of building entrance doors
and with locking devices on the outside of the building entrance doors.
Building entrance door latches shall be of a type that are permanently
locked.
B. Unit Access: Every door that provides ingress or egress for a dwelling
unit within a multiple-family building shall be equipped with an
approved lock that has a deadlocking bolt that cannot be retracted by
end pressure, provided however, that such door shall be openable
from the inside without the use of a key or any special knowledge or
effort.
C. Existing Buildings: All multiple-family dwellings in existence prior to
April 21, 1992, which were not previously required to have an
approved security system. Shall not be subject to the requirements of
Subsection A of this section.
9-8A-8: MINIMUM STANDARDS FOR LIGHT AND VENTILATION: No person
shall occupy as owner, occupant or let to another for occupancy any dwelling or
rooming unit which does not comply the following requirements:
A. Habitable Room Ventilation: Except where there is supplied some
other device affording ventilation and approved by the Building Official,
every habitable room shall have at least one window facing directly
outdoors which can be opened easily.
B. Electric Service, Outlets, and Fixtures. Every dwelling and rooming unit
and all public and common areas shall be supplied with electric
service, functioning over-current protection devices, electric outlets,
and electric fixtures which are properly installed, which shall be
maintained in a safe working condition, and shall be connected to a
source of electric power in a manner prescribed by ordinances, rules,
and regulations of the City of Andover and by the laws of the State of
Minnesota. The minimum capacity of such electric service and the
minimum number of electric outlets and fixtures shall be as follows:
1. A dwelling containing one or two dwelling units shall have at least
the equivalent of 100 ampere, three-wire electric service per dwelling
unit.
2. Every habitable room shall contain at least one (1) electrical
convenience outlet.
3. Every water closet compartment, bathroom, kitchen, laundry room,
and furnace room shall contain at least one (1) supplied ceiling-type or
wall-type electric convenience outlet.
4. Every public hall and public stairway in every multiple dwelling shall
be adequately lighted to provide at least ten (10) foot candles of
illumination of all parts thereof at all times by means of properly located
electric light fixtures; provided that such electrical lighting may be
omitted from sunrise to sunset where there are windows or skylights
opening directly to the outside and where the total window or skylight
area is at least one-tenth (1/10) of the combined horizontal area of the
floor and stairway of each such public hallway and where such
windows or skylight provide adequate natural light to all parts of each
public hallway. Every public hall and stairway in dwellings containing
two (2) dwelling units shall be supplied with convenient light switches,
controlling an adequate lighting system that will provide at least ten
(10) foot candles of illumination on all parts thereof, which may be
turned on when needed.
5. A convenient switch or equivalent device for turning on a light in
each dwelling unit shall be located near the point of entrance to such
unit.
9-8A-9: MINIMAL THERMAL STANDARDS:
A. No person shall occupy as owner or let to another for occupancy any
dwelling or rooming unit, for the purpose of living therein which does
not have heating facilities which are properly installed and maintained
in a safe and working condition and which are capable of safely
heating all habitable rooms, bathrooms, and water closet
compartments in every dwelling unit located therein to a room
temperature of at least 68 degrees Fahrenheit to be maintained from
October 15th through April 15th.
B. Gas or electric appliances designed primarily for cooking or water
heating purposes shall not be considered as heating facilities within the
meaning of this section.
C. Portable heating equipment employing flame and the use of liquid fuel
does not meet the requirement of this section and is prohibited.
D. No owner or occupant shall install, operate, or use a space heater
employing a flame that is not vented outside the structure in an
approved manner.
9-8A-10: GENERAL REQUIREMENTS: No person shall occupy as owner,
occupant or let to another for occupancy any dwelling or rooming unit for the
purpose of living therein which does not comply with the following requirements:
A. Foundations, Exterior Walls, and Roofs: The foundation, exterior walls,
and exterior roof shall be substantially water tight and protected
against vermin and rodents and shall be kept in sound condition and
repair. The foundation element shall adequately support the building at
all points. Every exterior wall shall be free of structural deterioration or
any other condition which might admit rain or dampness to the interior
portion of the walls or to the interior spaces of the dwelling. The roof
shall be tight and have no defects which admit rain and roof drainage
and shall be adequate to prevent rain water from causing dampness in
the walls. All exterior surfaces, other than decay resistant materials,
shall be protected from the elements and decay by paint or other
protective covering or treatment. If the exterior surface is unpainted or
lacks protective coating or is determined by the Building Official to be
deteriorated, the surface shall have a protective covering applied. If the
exterior surface of the pointing of any brick, block, or stone wall is
loose or has fallen out, the surface shall be repaired.
B. Windows, Doors, and Screens: Every window, exterior door, and
hatchway shall be substantially tight and shall be kept in repair. Every
window, other than a fixed window or storm window, shall be capable
of being easily opened. Every window, door, and frame shall be
constructed and maintained in such relation to the adjacent wall
construction as to completely exclude rain, vermin and rodents from
entering the building.
C. Floors, Interior Walls, and Ceilings: Every floor, interior wall, and
ceiling shall be protected against the passage and harborage of vermin
and rodents and shall be kept in sound condition and good repair.
Every floor shall be free of loose, warped, protruding, or rotting flooring
materials. Every interior wall and ceiling shall be maintained in a tight
waterproof condition. Toxic paints or materials with a lasting toxic
effect shall not be used. Every toilet room and bathroom floor surface
shall be capable of being easily maintained.
D. Rodent Proof: Buildings found to be rodent infested shall be made
rodent resistant. All opening in the exterior walls, foundations,
basements, ground, or first floors, and roofs which have 1/4" diameter
or larger openings shall be rodent proofed in an approved manner.
Interior floors or basements, cellars, and other areas in contact with the
soil shall be paved with concrete or other rodent-impervious material.
E. Fence Maintenance: All fences supplied by the owner on the premises
and all fences erected by an occupant on the premises shall consist of
metal, wood, masonry, or other decay-resistant material. Fences shall
be maintained in good condition. Materials, other than decay resistant
varieties, shall be protected against decay by use of paint or other
preservatives.
F. Accessory Structure Maintenance: Accessory structures shall be
structurally sound and be maintained in good repair. The exterior of
such structures shall be made weather resistant through the use of
decay-resistant materials such as paint or other preservatives.
G. Safe Building Elements: Every foundation, roof, floor exterior and
interior wall, ceiling, inside and outside stair, porch and balcony, and
appurtenance thereto shall be safe to use and capable of supporting
normal structural loads.
H. Facilities to Function: All equipment or utilities required under City
ordinances and every chimney and flue shall function effectively in a
safe and working condition.
I. Grading and Drainage: Every yard, court, or passageway on the
premises on which a dwelling stands shall be graded and drained so
as to be free of standing water that constitutes a detriment to health
and safety.
J. Yard Cover: Every yard of a premises on which a dwelling stands shall
be maintained to prevent dust and erosion.
9-8A-11: CONSTRUCTION STANDARDS: All new construction and
repair/renovation of existing structures within the City shall conform to the Minnesota
State Building Code as the building code for the City.
9-8A-12: MAXIMUM DENSITY, MINIMUM SPACE, FOR RENTAL UNITS: No
person shall permit or let to be occupied any rental dwelling or rooming unit for the
purpose of living therein which does not comply with the following requirements:
A. Permissible Occupancy of Dwelling Unit. The maximum permissible
occupancy of any rental dwelling or rooming unit shall be determined
as follows:
1. For the first occupant, 150 square feet of habitable floor space and
for every additional occupant thereof, at least 100 square feet of
habitable room floor space.
2. In no event shall the total number of occupants exceed two times
the number of habitable rooms, less kitchen, in the dwelling or rooming
unit.
B. One Family Per Dwelling Unit. Not more than one family, except for
temporary guests, shall occupy a dwelling unit.
9-8A-13: ENFORCEMENT AND INSPECTION AUTHORITY:
A. The Building Official or his/her designee shall administer and enforce
the provisions of this Chapter. Inspections shall be conducted during
reasonable hours and the City Administrator or his/her designee shall
present evidence of his/her official capacity to the owner or occupant in
charge of the property.
B. The identities of individuals who register complaints with the City
concerning violations of State law or local ordinance concerning the
use of real property shall be classified as confidential data pursuant to
Minnesota Statutes, Section 13.03, Subd. 3., which states that such
data is not public and is not accessible to the individual subject of the
data. All other code violation records pertaining to a particular parcel of
real property and the buildings, improvements, and dwelling units
located on that property that are kept by the City shall be public data
unless collected as part of an active civil investigation or legal action
pursuant to Minnesota Statutes Section 13.99, or collected as part of
an active criminal investigation pursuant to Minnesota Statutes Section
13.82, Subd. 7.
9-8A-14: INSPECTION ACCESS: If any owner, occupant, or other person in
charge of a dwelling, dwelling unit, rooming unit, multiple dwelling or building fails or
refuses to permit free access and entry to the structure or premises under his/her
control, or any part thereof for purpose of an inspection authorized by this chapter,
the City Administrator or his/her designee may petition the court for an order for such
inspection.
9-8A-15: UNFIT FOR HUMAN HABITATION:
A. Any dwelling, dwelling unit, rooming unit, building or portion thereof
which is damaged, decayed, dilapidated, moldy, unsanitary, unsafe,
vermin or rodent infested, or which lacks provision for basic
illumination, ventilation, or sanitation facilities, or has been used for the
clandestine manufacture of illegal substances, to the extent that the
conditions of the dwelling, dwelling unit, rooming unit, building or
portion thereof poses a hazard to the health, safety, or welfare of the
occupants or to the public may be declared unfit for human habitation.
Whenever any dwelling, dwelling unit, rooming unit, or building has
been declared unfit, the City Administrator of his/her designee shall
order the same vacated within a reasonable time and shall post a
placard on the same indicating that it is unfit for human habitation, and
any operating license previously issued for such dwelling shall be
revoked.
B. It shall be unlawful for such dwelling, dwelling unit, or rooming unit, or
portion thereof, to be used for human habitation until the defective
conditions have been corrected and written approval has been issued
by the Building Official or his/her designee. No person other than the
Building Official or his/her designee shall deface or remove the
declaration placard from any such dwelling unit.
9-8A-16: SECURE UNFIT AND VACANT DWELLINGS: The owner of any
dwelling, dwelling unit, rooming unit or building which has been declared unfit for
human habitation or which is otherwise vacant for a period of sixty (60) days or more
shall immediately make the same safe and secure so that it is not hazardous to the
health, safety, and welfare of the public and does not constitute a public nuisance.
Any vacant dwelling open at doors, windows, or wall opening, if unguarded, shall be
deemed to be a hazard to the health, safety, and welfare of the public and is a public
nuisance within the meaning of this ordinance.
9-8A-17: HAZARDOUS BUILDING DECLARATION: In the event that a
dwelling, dwelling unit, rooming unit or building has been declared unfit for human
habitation and the owner has not remedied the defects within a prescribed
reasonable time, the dwelling may be declared a hazardous building and may be
removed, razed, or corrected pursuant to the provisions of Minnesota Statutes.
9-8A-18: COMPLIANCE ORDER: Whenever the City Administrator or his/her
designee determines that any dwelling, dwelling unit, or rooming unit, or portion
thereof, is in violation of this or any other ordinance, he/she may issue a Compliance
Order according to the City of Andover Code Violation Procedure.
9-8A-19: RIGHT TO APPEAL: Any person who believes that a compliance
order issued under this chapter is based upon erroneous interpretation of this
chapter, or upon a misstatement or mistake of fact, such person may appeal the
Compliance Order to the City Council. Such appeals must be in writing, must specify
the grounds for the appeal, and must be accompanied by a filing fee as determined
by the City Council and be submitted to the City Administrator within ten (10)
business days after service of the Compliance Order. The filing of an appeal shall
stay all proceedings in furtherance of the action appealed from unless such stay
would cause imminent peril to life, health, or property.
9-8A-20: CITY COUNCIL’S DECISION: Upon at least five (5) business days'
notice to the appellant of the time and place for hearing the appeal and within thirty
(30) days after appeal is filed, the City Council shall hold a hearing thereon at which
the City Council shall dismiss, modify or affirm the order in whole or in part.
9-8A-21: RESTRICTION ON TRANSFER OF OWNERSHIP: It shall be unlawful
for the owner of any dwelling, dwelling unit, rooming unit, or building upon whom a
pending Compliance Order has been served to sell, transfer, mortgage, or lease, or
otherwise dispose thereof to another person until the provisions of the Compliance
Order have been complied with, unless such owner shall furnish to grantee, lessee,
or mortgagee a true copy of any notice of violation or Compliance Order and shall
obtain and possess a receipt of acknowledgment. Anyone with an interest in the
dwelling, dwelling unit, rooming unit, or building who has received notice of the
existence of a Compliance Order shall be bound by same without further service of
notice upon him/her and shall be liable for all penalties and procedures provided by
this ordinance.
9-8A-22: PENALTIES: Any person who fails to comply with a Compliance Order
after a right of appeal has expired and any person who fails to comply with a
modified Compliance Order within the time set therein, upon conviction thereof, shall
be guilty of a misdemeanor and upon conviction shall be subject to the penalties set
forth in Minnesota Statutes.
9-8A-23: EXECUTION OF COMPLIANCE ORDERS OF PUBLIC AUTHORITY:
Upon failure to comply with a Compliance Order within the time set therein, and no
appeal having been taken, or upon failure to comply with a modified Compliance
Order within the time set therein, the criminal penalty established hereunder
notwithstanding, the City Council may by resolution cause the cited deficiency to be
remedied as set forth in the Compliance Order. The cost of such remedy shall be a
lien against the subject real estate and may be levied and collected as a special
assessment in the manner provided by Minnesota Statutes, for any of the reasons
set forth in Minnesota Statutes, and specifically for the removal and elimination of
public health or safety hazards from private property, but the assessment shall be
payable in a single installment. It is the intent of this section to authorize the City to
utilize Minnesota Statutes to promote the public's health, safety, and general
welfare.
CHAPTER 8
PROPERTY MAINTENANCE STANDARDS
ARTICLE B. RENTAL LICENSING
Section:
9-8B-1: Purpose and Intent
9-8B-2: Definitions
9-8B-3: License Required
9-8B-4: Application for Licensing
9-8B-5: Agent Required
9-8B-6: Initial License Issuance
9-8B-7: Renewal of License
9-8B-8: Transfer of License
9-8B-9: Inspections of Dwellings
9-8B-10: License Suspension, Revocation, Denial and Non-Renewal
9-8B-11: Display of License
9-8B-12: Fees
9-8B-13: Conditions of License Issuance
9-8B-14: Disorderly Conduct and Nuisance Police Calls for Service
9-8B-15: Trash Removal for Rental Properties
9-8B-16: No Retaliation
9-8B-17: Summary Action
9-8B-18: Severability Clause
9-8B-19: Violations and Penalties
9-8B-1: PURPOSE AND INTENT: The operation of rental residential properties
is a business enterprise that gives rise to certain opportunities. Operators are
responsible to take reasonable steps, as may be necessary, to assure that the
citizens of the City who occupy such units, and those residing near such units, may
pursue the quiet enjoyment of the normal activities of life in surroundings that are:
(1) Safe, secure and sanitary; (2) Free from crimes and criminal activity, noise,
nuisances or annoyances; and (3) Free from reasonable fears about safety of
persons and security of property.
Further, it is the intent of this Article to regulate and provide for the inspections of
rental housing to assure that such housing does not become a nuisance or blight to
the neighborhood and does not create a disincentive to investment in the
community.
This Article establishes standards that are applicable to all rental dwellings in the
City. It does not apply to the portion of a rental dwelling that is occupied by a
personal owner or relatives of the personal owner.
Finally, the City Council finds that repeated police calls to certain rental dwellings in
the City occupied by persons with criminal histories have taxed law enforcement
resources. The City Council also finds that persons residing in rental dwellings who
engage in disorderly conduct or cause nuisance conditions create a hostile
environment for others living in close proximity, thereby threatening the public safety.
In order to preserve and protect the City’s neighborhoods and to promote public
safety, the City Council enacts a Crime Free Rental Program into the City Code. Any
licenses issued by the City of Andover prior to the adoption of this Ordinance shall
comply with the requirements listed herein at the time of next license renewal and
shall still comply with the terms in which the licensed was originally issued until
renewal occurs.
9-8B-2: DEFINITIONS: The following definitions, and those contained in Article
I will be used in interpreting and enforcing this Article.
Agent: A person designated by the Owner of a rental property to
act on behalf of the Owner.
City: The City of Andover, Minnesota.
Disorderly Conduct: For the purposes of this section, disorderly conduct may
include, but is not limited to the following:
1. Drug related illegal activity.
2. Acts of violence or threats of violence including but not
limited to, discharge of firearms, intimidation or any other
act that otherwise jeopardizes the health, safety, or
welfare of the owner, manager, agent, other tenants,
tenant’s family members, guests or neighboring property
owners.
3. Creating, or allowing to continue, any hazardous or
physically offensive condition which serves no legitimate
purpose.
4. Repeated unfounded calls to police.
5. Violation of M.S. § 609.72 (Disorderly conduct), as it
may be amended from time to time.
6. Violation of M.S. §§ 609.66, subd.1a, 609.67 or
624.713 (Unlawful use or possession of a firearm or
weapon), as they may be amended from time to time.
7. Violation of M.S. § 609.50 (Obstructing legal process),
as it may be amended from time to time.
8. Violation of M.S. § 609.74 and 609.745 (Public
nuisance), as they may be amended from time to time.
9. Violation of M.S. § 145A.02, subd. 17 (Public health
nuisance), as it may be amended from time to time.
10. Violation of M.S. § 609.321, 609.322, and 609.324,
(Solicitation, inducement, and promotion of prostitution,
housing individuals engaged in prostitution) as they may
be amended from time to time.
11. Violation of M.S. § 609.282, 609.283, 609.284, (Labor
and sex trafficking crimes), as they may be amended
from time to time.
12. Violation of M.S. § 609.33, relating to owning,
leasing, operating, managing, maintaining or conducting
a disorderly house or inviting or attempting to invite
others to visit or remain in a disorderly house.
13. Violation of M.S. § 609.713, (Threats of violence), as
they may be amended from time to time.
14. Violation of M.S. § 609.715, (Unlawful Assembly), as
it may be amended from time to time.
15. Violation of M.S. § 609.71, (Riot), as it may be
amended from time to time.
16. Violation of Title 5, Chapter 1 of the Andover City
Code pertaining to restrictions on animals.
17. Violation of Title 5, Chapter 6 of the Andover City
Code (Noise Control).
18. Violation of Title 5, Chapter 4 of the Andover City
Code (Weapons).
19. The unlawful sale of liquor.
Drug Related
Illegal Activity: Means the illegal possession or constructive possession,
manufacture, sale, distribution, purchase, use or
possession with intent to manufacture, sell, or distribute a
controlled substance as defined in the Controlled
Substance Act [21 U.S.C. 802], or possession of drug
paraphernalia per Minnesota Statutes.
Immediate Family: Direct descendants, parents, grandparents, sibling or any
such person of traditional or blended family.
Licensee: A person, firm or corporation that obtains a rental license
from the City. For the purposes of this Article, “Licensee”
and “Property Owner” may be considered one-in-the-
same, and the terms “Licensee” and “Property Owner”
may be used interchangeably when it makes sense to do
so.
Major Life/Safety Issues: Hazardous conditions that pose a risk to the life and
safety of occupants including, but not limited to, faulty or
malfunctioning smoke detectors, handrails, guardrails
and egress.
Multi-Family
Rental License: A rental license established for any rental dwelling with
two (2) or more dwelling units subject to interior and
exterior inspections.
Nuisance call: Any instance where law enforcement officers are called
to a property in response to a valid complaint related to
disorderly conduct.
Operate: To charge a rental fee for the use of a dwelling unit within
a rental dwelling.
Rental Lease: A written contract between an owner, agent, or manager
and a tenant(s), whereby the tenant makes rent
payments or other form of compensation in order to
occupy the rental dwelling. The rental lease also includes
language that relates to the obligations of both parties to
the contract and has the same meaning as a rental
agreement.
Rental License: A permit granted by the City that grants the property
owner the right to rent.
Rental Dwelling: Any dwelling or dwelling unit used for residential
occupancy by one or more persons who are not the
owner or a member of the owner’s immediate family.
“Rental dwelling” does not include the exemptions
contained in Section 9-8B-3 of this Article.
Single Family
Rental license: A rental license established for any rental dwelling with
less than two (2) dwelling units which is subject to
exterior inspections only, with the exception of interior
inspections in the event of emergency or life-threatening
situations as determined by the Building Official, Fire
Chief, and/or their designated representative.
Tenant(s): A person or persons who rent a rental dwelling.
Valid complaint: A violation that is visible at the time of inspection or
proven by credible, substantial evidence to the
satisfaction of the City.
Meaning of
certain words: Wherever the terms “dwelling,” “dwelling unit,”
“premises,” and “structure,” are used in this Article, they
shall be construed as though they were followed by the
words “or any part thereof”.
9-8B-3: LICENSE REQUIRED:
A. License: No person, firm or corporation shall operate a rental dwelling
unit without first having obtained a license to do so from the City as
provided for in this Article. Each license shall be issued for a two (2)
year term and expire two (2) years from the issuance.
B. Types of Licenses Required: There shall be two (2) types of licenses:
multi-family and single-family.
C. Exemptions from Rental Licensing:
1. Rental property which is listed as a Nursing Home, Assisted
Living, or Boarding Care home by the State of Minnesota
Department of Health shall be exempt from the license required
under this Article. This exception shall not apply if no services
are provided to the occupants, or the services are incidental to,
or independent of, the landlord/occupant relationship.
2. State licensed residential facilities that do not provide overnight
residential services.
3. A single-family dwelling or a dwelling unit occupied by the
Property Owner for a minimum of six (6) consecutive months
per calendar year.
4. A residential property owned by a ‘snowbird’ where the property
is rented to another person for a period of less than 120
consecutive days while the Owner is residing out of the State of
Minnesota. The Property Owner must occupy the property
during the remainder of the year.
5. A single-family residential property that has been sold on a
contract for deed or has been sold as "rent to own" so long as
the purchaser occupies the property and the sale document
used to memorialize the sale is in the form of a uniform
conveyancing blank or is recorded with the Anoka County
Recorder’s office and a copy is provided to the City upon
request.
6. A single-family residential property that is occupied by the
Owner and two or less occupants where the Owner and the
occupants share all living space within the dwelling.
7. Single family residential property that is owned by a member of
the armed services who is on active duty and the property is
rented to another person during the time of active duty. The
Owner must provide the City with a copy of the Owner’s military
orders and must occupy the property when not on active duty as
the Owner’s primary residence.
8. Hotels, motels or medical facilities as defined by Andover City
Code.
9-8B-4: APPLICATION FOR LICENSE:
A. The rental Property Owner or the Owner’s designated agent shall
submit a written application for a rental license on forms prescribed by
the City.
B. Prior to issuance or renewal of a rental license, the following
information shall be submitted:
1. Name, address, email address, and phone number of the
Property Owner.
2. Name, address, email address, and phone number of the
Property Manager if different from the property owner.
3. Name, address, email address, and phone number of the
designated agent if applicable.
4. The street address and/or property identification number of the
property.
5. Number of units offered for rent.
6. A blank copy of any written lease to be used for occupants
including the following lease addendums:
a. Crime Free/Drug Free Addendum.
b. Lead Free informational materials for pre-1978
properties, including all information as may be
required by Federal law.
9-8B-5: AGENT REQUIRED: Any Property Owner who does not live in the
state shall appoint, on the license application, an agent residing within the State of
Minnesota upon whom the City may serve notices pertaining to the licensed dwelling
unit(s).
9-8B-6: INITIAL LICENSE ISSUANCE: No license shall be issued under this
Ordinance unless the rental dwelling and its premises conform to the Ordinances of
the City and laws of the State. An inspection of the dwelling unit may be conducted
prior to issuance of an initial rental license.
9-8B-7: RENEWAL OF LICENSE:
A. All renewed rental licenses shall be valid for a period of up to two (2)
years.
B. All rental license renewal applications and required fees shall be
submitted to the City on a biannual basis and prior to the issuance of a
rental license.
C. Information on the rental license application must be updated to reflect
current conditions at time of renewal.
D. No license shall be renewed under this Ordinance unless the rental
dwelling and its premises conform to the Ordinances of the City and
laws of the State. An inspection of the dwelling unit may be conducted
prior to issuance of a renewed rental license.
9-8B-8: TRANSFER OF LICENSE: A rental license is nontransferable and
shall automatically terminate within thirty (30) days of closing on the sale of the
licensed building unless, within thirty (30) days of said closing, the new Owner
applies for and is granted a new rental license for said building in accordance with
this Article.
9-8B-9: INSPECTIONS OF DWELLINGS:
A. New licenses: Upon receipt of a properly executed new application for
licensing and receipt of the appropriate fee, the City Administrator or
his/her designee shall conduct an initial inspection of the premises to
assure compliance with the City Code.
B. License renewal: Any rental dwelling may be re-inspected after a
renewal application is filed to determine compliance.
C. Additional Inspections: The City shall inspect every rental unit at least
once every two (2) years. The City may inspect any rental unit if it falls
within one or more the following criteria:
1. The unit has been abandoned by the Owner or the Owner of
such unit cannot be found.
2. Water, gas, or electric services to such unit has been
discontinued as a result of nonpayment.
3. The unit is on a parcel of land that is on the County’s delinquent
tax list.
4. The City has probable cause to believe that there exists within
such unit one or more violations of the requirements of the
Andover City Code.
5. The property owner of the rental unit has, within the preceding
six (6) months, renewed a license after suspension or
revocation.
6. The unit is the subject of a pending notice of the City’s intent to
suspend or revoke the rental license.
7. An occupant or neighboring Property Owner files a valid
complaint with the City relative to the condition of the unit or
premises.
8. The unit has not been inspected in the preceding two (2) years.
9. Upon receipt of an initial or renewal license application.
D. Access for Inspections:
1. The City Administrator or his/her designee shall be authorized to
make or cause to be made inspections to determine the
condition of dwellings, multiple dwellings, dwelling units,
rooming houses, rooming units, and premises in order to
safeguard the health, safety, morals, and welfare of the public.
2. The City Administrator, or his/her designee, shall be authorized
to enter any dwelling, multiple dwelling, dwelling unit, rooming
house, rooming unit, or premises at any reasonable time for the
purpose of performing his/her duties under this Article.
3. The owner, operator, or occupant of every dwelling, multiple
dwelling, dwelling unit, rooming house, rooming unit, and
premises, or the person in charge thereof, shall give the City
Administrator, or his/her designee, free access to such dwelling,
multiple dwelling, dwelling unit, rooming house, rooming unit
and premises on which it is located at all reasonable times for
the purpose of such inspection, examination and survey.
E. Interior Inspections: An inspection of the interior and exterior of the
property shall be required for all multi-family rental properties. An
inspection of the exterior only of the property shall be required for all
single-family rental properties. In emergency and/or life-threatening
situations as deemed necessary by the Building Official, Fire Chief,
and/or designated representative, inspections may be conducted on
single-family rental properties to include the interior and exterior
portions of the rental dwelling and without permission from the property
owner after reasonable attempts to contact the owner have failed.
F. Refusal of Access for Inspection: If the owner, operator, person in
charge, or occupant shall refuse to consent to the inspection, an
administrative search warrant may be obtained where there is probable
cause to believe a violation exists within the particular structure or
property.
G. Emergency Conditions: No administrative search warrant is needed
where an emergency condition exists which endangers persons or
property and insufficient time is available to obtain the warrant and
protect such endangered persons or property.
H. Subject to Occupant’s Right to Privacy: Entry under this Section is
subject to Minnesota Statutes, Sections 504B.211 (Residential
Tenant’s Right to Privacy) as amended.
I. Costs of Obtaining Warrant: If the City finds it necessary to obtain an
administrative search warrant to enter the property for inspection due
to the Property Owner, operator, or person in charge, or occupant’s
lack of cooperation, said person or persons may also be charged with
all costs of obtaining the warrant, including court costs and attorney’s
fees.
9-8B-10: LICENSE SUSPENSION, REVOCATION, DENIAL AND NON-
RENEWAL:
A. Process for consideration of license suspension, revocation, denial or
non-renewal:
1. No action will be taken by the City Council to revoke, suspend,
deny, or not renew a rental license without a public hearing and
written notice of that hearing being sent to the property owner
and affected occupants a minimum of ten (10) days prior to the
hearing.
2. The Council shall give due regard to the frequency and
seriousness of the violations, the ease with which such
violations could have been cured or avoided and good faith
efforts to comply.
3. The Council shall issue a decision to revoke, suspend, deny or
not renew a rental license only upon written findings.
4. Upon a decision to revoke, suspend, deny or not renew a
license, no new application for the same facility will be accepted
for a period of time specified in the Council’s written decision,
not exceeding one (1) year. Such new applications shall be
accompanied by a reinstatement fee as required by this Article.
5. The Council may suspend, revoke, deny or not renew a license
for part or all of a facility.
6. A written decision to revoke, suspend, deny or not renew a
license or application for part of a facility shall specify the part or
parts of the facility to which it applies. Thereafter, and until a
license is reissued or reinstated, no rental units becoming
vacant in such part or parts of the facility may be re-let or
occupied.
a. Revocation, suspension, denial or non-renewal of
a license shall not excuse the owner from
compliance with all terms of this Article for as long
as any units in the facility are occupied.
b. Failure to comply with all terms of this Article
during the term of revocation, suspension, denial
or non-renewal is a misdemeanor and grounds for
extension of the term of such revocation or
suspension or continuation of non-renewal, or for
a decision not to reinstate the license,
notwithstanding any limitations on the period of
suspension, revocation, denial or non-renewal
specified in the City Council’s written decision.
B. Suspension:
1. The City Council may suspend a rental license under any of the
following circumstances:
a. Failure to correct deficiencies noted in Compliance
Orders within the time specified in the notice.
b. Failure to pay any license, inspection or reinstatement
fee required by this Article.
c. Any other violation of the Andover City Code.
d. Any specific provisions of the City ordinances that include
suspension as a remedy (i.e. nuisance calls, etc.).
2. Additional standards related to suspension of a rental license:
a. A reinstatement fee as established by the City Council
shall be paid prior to reinstatement of a rental license that
has been suspended.
b. In addition to the reinstatement fee, the City may issue a
citation for the applicable violations.
c. While under suspension, the Property Owner cannot
lease the affected unit and/or facility to a new occupant.
d. The suspension shall be for a period of up to six (6)
months unless otherwise regulated by this Article.
C. Revocation:
1. The City Council may revoke a rental license under the following
circumstances:
a. When a Property Owner has not complied with
reinstatement criteria.
b. When it is found that a Property Owner has given false
statements on any application or other information or
report required by this Article to be given by the applicant
or licensee.
c. When it has been determined through an inspection that
major life/safety issues exist on the property.
d. When the Property Owner or designated agent has been
convicted of a crime related to the type of business
licensed and failure to show, by competent evidence,
rehabilitation and present fitness to perform the duties of
the business.
e. Operating or allowing the rental property to be used in
such a manner as to constitute a breach of the peace, a
menace to health, safety and welfare of the public or a
disturbance of the peace or comfort of the residents of
the City, upon recommendation by the County Sheriff.
f. Failure to schedule and/or allow rental or building
inspections of the licensed premises, for the purpose of
ensuring compliance with rental licensing requirements,
City Code requirements, State building codes, or other
applicable State or Federal law.
g. Real estate or personal property taxes on the business
have become delinquent and the Property Owner and the
applicant are the same person or entity or have any
common ownership where they are a different person or
entity.
h. Failure to actively pursue the eviction of occupants who
have violated the provisions of the Crime Free Lease
Addendum.
i. Any specific provisions of the City Ordinances that
include revocation as a remedy (i.e. nuisance calls, etc.)
j. Other good cause as determined by the City Council.
2. Additional standards related to revocation of a rental license:
a. A reinstatement fee as established by the City Council
shall be paid prior to reinstatement of a rental license that
has been revoked.
b. In addition to the reinstatement fee, the City may issue a
citation for the applicable violations.
c. While under revocation, the Property Owner cannot
extend the lease of an existing occupant and cannot
lease the affected unit to a new occupant.
d. The revocation shall be for a period of up to one (1) year.
9-8B-11: DISPLAY OF LICENSE: Licenses issued under this Article must be
conspicuously posted in a public corridor or front entrance of rental dwellings with
four or more units. All rental Property Owners must produce a copy of the rental
license upon demand of a prospective occupant or City official.
9-8B-12: FEES:
A. License Fees: Fees Established and Due Date: Rental license fees
and reinstatement fees shall be set by the City Council and shall be
due with submission of a new or renewal application.
B. Reinspection Fees: An initial inspection shall be required at the time of
application, the cost of which shall be included in the license
application fee. A reinspection to verify compliance will be conducted
at no charge. A fee, as set by the City Council, may be charged for any
subsequent reinspection necessitated by receipt of a valid complaint or
as a result of a previous unsatisfactory inspection.
9-8B-13: CONDITIONS OF LICENSE ISSUANCE:
A. Compliance with Chapter: The City shall issue a rental dwelling license
if the building and the application are found to be in compliance with
the provisions of this chapter.
B. Conformance to Laws: No rental dwelling license shall be issued or
renewed unless the rental dwelling and its premises conform to the
Andover City Code; and the laws of the State of Minnesota; and all
applicable fees have been paid.
9-8B-14: DISORDERLY CONDUCT AND NUISANCE POLICE CALLS FOR
SERIVCE: During the term of the rental license, and any re-licensure, whereby
nuisance calls related to the property occur in any consecutive twelve (12) month
period following the first nuisance call, the following shall apply:
A. First Nuisance Call: Upon determination by the City that a dwelling unit
was used in a disorderly manner, as described in this section, the City
shall give notice to the licensee of the violation and direct the licensee
to take steps to prevent further violations. The disorderly manner shall
be as defined in this section.
B. Second Instance: If a second instance of disorderly use of the dwelling
unit occurs within three (3) months of an incident for which a notice
was given as specified in this Section, the City shall notify the licensee
to submit a written report of the actions taken, and proposed to be
taken by the licensee to prevent further disorderly use of the dwelling
unit. This written report shall be submitted to the City within five (5)
days of receipt of the notice/report of disorderly use of the dwelling unit
and shall detail all actions taken by the licensee in response to all
notices of disorderly use of the dwelling unit within the preceding three
(3) months.
C. Third Instance: If a third instance of disorderly use of the dwelling unit
occurs within three (3) months after a second instance of disorderly
use for which a notice was given to the licensee pursuant to
Subsections of this section, the rental dwelling license for the rental
dwelling may be denied, revoked, suspended or not renewed. An
action to deny, revoke, suspend, or not renew a license under this
section shall be initiated by the City, who shall give the licensee written
notice of a hearing before the City Council to consider such denial,
revocation, suspension or nonrenewal. Such written notice shall
specify all violations of this section, and shall state the date, time,
place and purpose of the hearing. The hearing shall be held no less
than ten (10) days and no more than thirty (30) days from the date of
such notice.
D. Action Of The City Council: Following the hearing, the City Council
may deny, revoke, suspend or decline to renew the license for all or
any part or parts of the rental dwelling or may grant a license upon
such terms and conditions as it deems necessary to accomplish the
purposes of this section.
E. Council Action Not Exclusive: Enforcement actions provided in this
section shall not be exclusive, and the City Council may take any
action with respect to a licensee, a tenant, or the licensed rental
dwelling as is authorized by this chapter, other sections of the Andover
City Code Ordinance, or state law.
F. Eviction Proceedings: No adverse license action shall be imposed
where the instance of disorderly use of the dwelling unit occurs during
the pendency of eviction proceedings (unlawful detainer) or within thirty
(30) days of notice given by licensee to a tenant to vacate the
premises where the disorderly use was related to conduct by that
tenant or by other occupants or guests of the tenant's dwelling unit.
Eviction proceedings shall not be a bar to adverse license action,
however, unless they are diligently pursued by the licensee. Further,
any action to deny, revoke, suspend, or not renew a license based
upon violations of this section may be postponed or discontinued at
any time if it appears that the licensee has taken appropriate measures
to prevent further instances of disorderly use.
G. Evidence of Disorderly Manner: A determination that the rental
dwelling unit has been used in a disorderly manner as described in this
section shall be made upon substantial evidence to support such
determination. It shall not be necessary that criminal charges be
brought in order to support a determination of disorderly use, nor shall
the fact of dismissal or acquittal of such criminal charge operate as a
bar to adverse license action under this section.
H. Serving Notice: All notices given by the City under this section shall be
personally served on the licensee, sent by certified mail to licensee's
last known address or, if neither method of service effects notice, by
posting on a conspicuous place on the licensed rental dwelling.
I. An action to deny, revoke, suspend, or not renew a license based upon
violation of this section may be postponed or discontinued at any time
if it appears that the Licensee has taken appropriate measures which
will prevent further nuisance calls.
9-8B-15: TRASH REMOVAL FOR RENTAL PROPERTIES:
A. Rental properties must have regularly scheduled recycling and trash
pick-up.
B. If the trash and/or recycling has not been removed within seven (7)
days of the normally scheduled pick-up, the trash may be removed
under emergency abatement procedures.
C. If the lack of trash and/or recycling service becomes a recurring
problem, refuse service will be authorized by the City and will be
assessed as a lien on the subject property.
9-8B-16: NO RETALIATION: No Licensee shall evict, threaten to evict, or take
any other punitive action against any occupant who, by reason of good faith, calls
City officials related to public safety or property maintenance concerns. This Section
shall not prohibit the eviction of occupants from a rental dwelling for unlawful
conduct of an occupant or invitee for violations of any rules, regulations, or lease
terms other than a prohibition against contacting City officials.
9-8B-17: SUMMARY ACTION: When the conduct of any Licensee or their
agent, representative, employee or lessee or the condition of their dwelling is
detrimental to the public health, safety and general welfare as to constitute a
nuisance, fire hazard, or other unsafe or dangerous condition and thus give rise to
an emergency, the City shall have the authority to summarily condemn or post for no
occupancy such area of the rental dwelling.
9-8B-18: SEVERABILITY CLAUSE: If any section, subsection, sentence, clause
or phrase of this Article is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portions of this Article.
9-8B-19: VIOLATIONS AND PENALTIES: Any person violating any provision of
this Article is guilty of a misdemeanor and upon conviction shall be subject to the
penalties set forth in Minnesota Statutes.
CHAPTER 8
PROPERTY MAINTENANCE STANDARDS
ARTICLE C. SOBER HOUSING LICENSING
Sections:
9-8C-1: Purpose and Intent
9-8C-2: Definitions
9-8C-3: License Required
9-8C-4: Application for License
9-8C-5: Inspections of Dwellings
9-8C-6: Agent Required
9-8C-7: Length and Renewal of License
9-8C-8: Transfer of License
9-8C-9: License Suspension, Revocation, Denial and Non-Renewal
9-8C-10: Display of License
9-8C-11: Fees
9-8C-12: No Retaliation
9-8C-13: Summary Action
9-8C-14: Severability Clause
9-8C-15: Violations and Penalties
9-8C-16: Reasonable Accommodations
9-8C-1: PURPOSE AND INTENT: It is the purpose of this Article to assure that
sober housing in the City of Andover is habitable, safe, and sanitary and is so
operated and maintained as not to detract from the neighborhood or to become an
influence that fosters blight and deterioration or creates a disincentive to
reinvestment in the community.
It is the intent of this Article to establish uniform standards that are applicable to all
sober house dwellings in the City.
To the extent not otherwise inconsistent with this Article, Title 9, Chapter 8, Article B
of the City of Andover City Code shall be applicable to sober houses. Any
inconsistencies between Article B and this Article shall be resolved in favor of this
Article.
9-8C-2: DEFINITIONS: The definitions contained in Article I, of this Chapter
apply herein. Additionally, the following definitions shall apply in the interpretation
and enforcement of this Article.
Agent: A person designated by the owner of a sober house to
act on behalf of the owner.
Multiple Dwelling: A building or portion thereof containing two or more
dwelling units.
Rooming House: A residence unit or any part thereof containing one or
more rooming units in which space is let by the owner
operator to two or more persons.
Sober House: A dwelling unit occupied by a group of not more than five
(5) unrelated individuals, unless a reasonable
accommodation allowing more than 5 unrelated
individuals to occupy a dwelling unit is granted, all of
whom are in recovery from chemical dependency and
considered disabled under the Federal Fair Housing Act
Amendments of 1988 wherein the dwelling unit provides
a non-institutional residential environment in which the
occupants willingly subject themselves to rules and
conditions intended to encourage and sustain their
recovery. The residents of a sober house are similar to a
family unit and share kitchen and bathroom facilities and
other common areas of the unit. Sober houses are
financially self-supporting. This definition does not
include facilities that receive operating revenue from
governmental sources or those that provide on-site
supportive services to residents, including but not limited
to the following: mental health services; clinical
rehabilitation services, social services; legal services;
medical, dental, nutritional, and other health care
services; financial management services; legal services;
vocational services; and other similar supportive
services.
9-8C-3: LICENSE REQUIRED: No person, firm or corporation shall allow the
use of a sober house in the City until a license has been applied for and issued by
the City of Andover. Any sober houses existing prior to the adoption of this Article
must also follow and abide by the requirements set forth in this Article. A license is
not required for those entities that are licensed by State or County government
agencies affording the same safeguards and protections as set forth in this Article.
9-8C-4: APPLICATION FOR LICENSE: Applications for a sober house license
shall be made in writing to the City by the owner of the sober house dwelling unit(s)
or his/her designated agent. Prior to issuance or renewal of a sober house license,
the owner shall submit a completed application to the Planning Department, pay an
application fee as determined by City Council, and comply with all inspection
requirements.
A. The following persons shall be authorized to sign and submit a sober
house license application:
1. If the owner is a natural person, by the owner thereof.
2. If the owner is a corporation, by an officer thereof.
3. If the owner is a partnership, by a partner thereof.
B. Before any license required by this Article shall be issued or renewed,
the owner shall submit the following information on forms provided by
the City:
1. Name, address and phone number of the property owner.
2. Name, address and phone number of the property manager if
different from the property owner.
3. Name, address and phone number of the designated agent (if
applicable).
4. The street address and property identification number of the
property.
5. Description of the number of units and number of bedrooms in
each unit.
6. An acknowledgement that the owner or designated agent has
received a copy of this ordinance.
7. A management plan for the facility found to be acceptable by
the City to ensure the legitimacy of the sober house.
8. A floor plan showing dimensions and locations of bedrooms,
common areas, kitchen, bathrooms, exits and any other rooms
requested by the City.
9. A Crime Free/Drug Free Lease Addendum signed by and
applicable to all occupants of the Sober House.
9-8C-5: INSPECTIONS OF DWELLINGS: Upon receipt of a properly executed
application for licensing and receipt of the appropriate fee, the City Administrator or
his/her designee shall complete an initial inspection of the premises to determine
whether the property is in compliance with this Chapter. Any sober house dwelling
may be re-inspected after a renewal application or transfer of license is filed to
determine compliance. The City Administrator or his/her designee shall further have
the right to re-inspect the premises at any time it is deemed necessary to assure
compliance with this Chapter.
A. The City Administrator or his/her designee shall be authorized to make
or cause to be made inspections to determine the condition of
dwellings, multiple dwellings, dwelling units, rooming houses, rooming
units, and premises in order to safeguard the health, safety, morals,
and welfare of the public. The City Administrator, or his/her designee,
shall be authorized to enter any dwelling, multiple dwelling, dwelling
unit, rooming house, rooming unit, or premises at any reasonable time
for the purpose of performing his/her duties under this Article. The
owner, operator, or occupant of every dwelling, multiple dwelling,
dwelling unit, rooming house, rooming unit, and premises, or the
person in charge thereof, shall give the City Administrator or his/her
designee free access to such dwelling, multiple dwelling, dwelling unit,
rooming house, rooming unit and premises on which it is located at all
reasonable times for the purpose of such inspection, examination and
survey.
B. If the owner, operator, person in charge, or occupant shall refuse to
consent to the inspection, a search warrant may be obtained. If the
City finds it necessary to obtain an administrative search warrant to
enter the property for inspection due to the owner, operator, person in
charge or occupant’s lack of cooperation, said person or persons may
also be charged with all costs of obtaining the warrant including court
costs and attorney’s fees.
C. No warrant is needed where an emergency condition exists which
endangers persons or property and insufficient time is available to
obtain a warrant and protect such endangered persons or property.
D. Entry under this Section is subject to Minnesota Statutes, Section
504B.211 (Residential tenant’s right to privacy) as amended.
9-8C-6: AGENT REQUIRED: Any property owner who does not live in the
state shall appoint, on the license application, an agent residing within the State of
Minnesota upon which agent the City may serve notices pertaining to the
administration of this Article or any provisions of the City Code pertaining to such
dwelling unit.
9-8C-7: LENGTH AND RENEWAL OF LICENSE: The license period shall
commence upon issuance of the license. A sober house license shall be issued for a
period of one (1) year.
9-8C-8: TRANSFER OF LICENSE: A sober house license is transferable to
any person who has actually acquired legal ownership of a licensed building for the
unexpired portion of the term for which it was issued or reissued; provided, that the
application to transfer such registration is filed with the City within thirty (30) days of
closing and the transferee is not disqualified from holding a license due to prior
revocation, suspension, or denial of a sober house license. The sober house license
shall terminate upon failure to apply for its transfer within thirty (30) days of closing.
9-8C-9: LICENSE SUSPENSION, REVOCATION, DENIAL AND NON-
RENEWAL:
A. The City Council may revoke, suspend, deny or decline to renew any
sober house license issued under this Article upon any of the following
grounds:
1. False statements on any application or other information
or report required by this Article to be given by the
applicant or licensee.
2. Failure to pay any license or reinstatement fee required
by this Article.
3. Failure to correct deficiencies noted in notices of
violation in the time specified in the notice.
4. Any other violation of the property maintenance, zoning,
environmental, and utility chapters of City Code.
B. No action will be taken by the City Council to revoke, suspend, deny,
or decline renewal of a sober house license without a public hearing
and written notice of that hearing being sent to the property owner,
agent, and affected tenants a minimum of ten days prior to the hearing.
C. The City Council shall give due regard to the frequency and
seriousness of the violations, the ease with which such violations could
have been cured or avoided, and good faith efforts to comply and shall
issue a decision to revoke, suspend, deny, or decline renewal of a
license only upon written findings.
D. The City Council may revoke, suspend, deny or decline renewal of a
license for part or all of a facility.
E. Upon a decision to revoke, suspend, deny or decline renewal of a
license, no new application for the same facility will be accepted for a
period of time as specified in the City Council’s written decision, which
time shall not exceed one year. All new applications shall be
accompanied by a reinstatement fee as required by this Article.
F. A written decision to revoke, suspend, deny or decline renewal of a
license or application shall specify the part or parts of the facility to
which it applies. Thereafter, and until a license is reissued or
reinstated, no units becoming vacant in such part or parts of the facility
may be re-let or occupied. Revocation, suspension, denial or non-
renewal of a license shall not excuse the owner from compliance with
all terms of this Article for as long as any units in the facility are
occupied. Failure to comply with all terms of this Article during the term
of revocation, suspension, denial or non-renewal is a misdemeanor
and grounds for an extension of the term of such revocation,
suspension, or non-renewal, or for a decision not to reinstate the
license, notwithstanding any limitations on the period of suspension,
revocation, denial or non-renewal specified in the City Council’s written
decision or in paragraph E of this Section.
9-8C-10: DISPLAY OF LICENSE: Licenses issued under this Article must be
displayed on the premises of sober house dwellings. All property owners must
produce a copy of the sober house license upon demand of a prospective tenant or
City official.
9-8C-11: FEES: Sober house license fees and reinstatement fees are to be
determined by the City Council.
9-8C-12: NO RETALIATION: No licensee shall evict, threaten to evict, or take
any other punitive action against any tenant who, by reason of good faith, calls City
officials related to public safety or property maintenance concerns. This Section shall
not prohibit the eviction of tenants from a sober house dwelling for unlawful conduct
of a tenant or invitee for violations of any rules, regulations, or lease terms other
than a prohibition against contacting City officials.
9-8C-13: SUMMARY ACTION: When the conduct of any license holder or their
agent, representative, employee or lessee or the condition of their dwelling is
detrimental to the public health, safety and general welfare as to constitute a
nuisance, fire hazard, or other unsafe or dangerous condition and thus give rise to
an emergency, the City shall have the authority to summarily condemn or post for no
occupancy such area of the rental dwelling.
9-8C-14: SEVERABILITY CLAUSE: If any section, subsection, sentence, clause
or phrase of this Article is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portions of this Article.
9-8C-15: VIOLATIONS AND PENALTIES: Any person violating any provision of
this Article is guilty of a misdemeanor and upon conviction shall be subject to the
penalties set forth in Minnesota Statutes.
9-8C-16: REASONABLE ACCOMMODATIONS: It is the policy of the City,
pursuant to the Federal Fair Housing Amendments Act of 1988, to provide
reasonable accommodations in the application of its zoning regulations for persons
with disabilities seeking fair and equal access to housing. Reasonable
accommodation means providing an individual with a disability or developers of
housing for an individual with a disability flexibility in the application of land use and
zoning regulations or policies, including the modification or waiver of certain
requirements, when it is necessary to eliminate barriers to housing opportunities.
The purpose of this subdivision is to establish a process for making and acting upon
requests to reasonable accommodation.
A. Any person who requests reasonable accommodation in the form of
modification in the application of a zoning regulation which may act as
a barrier to fair housing opportunities due to the disability of existing or
proposed residents may do so on an application form provided by the
City. “Person” includes any individual with a disability, his or her
representative or a developer or provider of housing for an individual,
with a disability. The application shall include a detailed explanation of
why the modification is reasonably necessary to make the specific
housing available to the person(s), including information establishing
that the applicant is disabled under applicable laws, as well as other
information required by the City to make the determination. If the
project for which the request is being made also requires an additional
land use review or approval, the applicant shall file the request
concurrently with the land use review.
B. The City shall review the request and make a recommendation to the
City Council. The request shall be evaluated under the following
factors:
1. Whether there is a qualifying disability;
2. Whether the request is needed to allow a disabled person equal
opportunity to use and enjoy a dwelling or to live in a particular
neighborhood as a person without disabilities;
3. Whether the request is reasonable, considering the potential
impact on surrounding uses, the extent to which the
accommodation meets the stated need, and other alternatives
that may meet that need;
4. Whether the request would constitute a fundamental alternation
of the City’s regulations, policies, or procedures;
5. Whether the request would impose an undue financial or
administrative burden on the City; and
6. Any other factor that may have a bearing on request, as
determined by the City
C. The City Council shall consider the request following receipt of the
recommendation of the City staff. Notice of the meeting at which the
City Council will evaluate the request shall be mailed at least 10 days
before the meeting to the owner of all properties located within 350 feet
of the property subject to the request.
D. An approved request is granted only to an individual and does not run
with the land unless the City determines that the accommodation is
physically integrated into the residential structure and cannot easily be
removed or altered or the accommodation is to be used by another
individual with a disability.
E. No sober house granted a reasonable accommodation shall be located
within 1,320 feet of another sober house that has been granted a
reasonable accommodation, as measured from the property lines
closest to one another.
CHAPTER 9
RESIDENTIAL LANDSCAPING REQUIREMENTS
SECTION:
9-9-1: Purpose
9-9-2: Definition
9-9-3: Trees, Topsoil And Seeding Or Sod Requirements
9-9-4: Retroactive Clause
9-9-5: Enforcement Official
9-9-6: Penalty
9-9-1: PURPOSE: The purpose of this chapter is to provide protection to all natural
terrain features of a residential site which, if preserved as required herein, will add to
the attractiveness and stability of the site. Standards set forth in this chapter will
increase the desirability of residences, encourage investment or occupation in the
city, optimize use and value of land and improvements, increase the stability and
value of the property, and add to the conditions affecting the health and welfare of
the city. (Amended Ord. 111A, 8-5-2002)
9-9-2: DEFINITION: For the purpose of this chapter, "organic/black topsoil" shall be
defined as soil/dirt that has sufficient amounts of organic material to establish a
suitable foundation for vegetative growth. The topsoil should contain no more than
thirty five percent (35%) sand content. (Amended Ord. 111A, 8-5-2002)
9-9-3: TREES, TOPSOIL AND SEEDING OR SOD REQUIRED1:
A. Trees:
1. Protection of Existing Trees: Under the city Tree Preservation Policy
and throughout the city, where a tree protection plan has been
established, general contractors, builders and owners must protect
existing trees.
2. Tree Planting Required: On all lots of record, for new construction it
shall be the responsibility of the general contractor, builder or owner to
plant a minimum of four (4) trees. A minimum of two (2) of the four (4)
required trees shall be located in the front yard, or one tree per fifty feet
(50') of lot width, as measured at the front property line, whichever is
1 See also section 9-1-5 of this title and subsections 11-3-3O and 11-4-8A3 and B3 of this code.
greater. Up to a maximum of four (4) trees would be required in the front
yard based upon this lot width calculation. Said trees shall be alive and
disease free, planted per city tree planting specifications, at least one and
three-fourths inches (1 3/4") in diameter and six feet (6') in height as
measured from ground level after the trees are planted. Said trees shall
be properly planted between the months of April and October, and tree
species and/or type shall be on the list determined by the city. If tree
preservation and/or lot space/configuration considerations prevent
adequate room for the four (4) trees, the NRT or designee’s discretion
may allow for a reduction from the required four (4) trees. (Amended Ord.
568, 11/19/24)
3. Tree Survival: The trees shall not be accepted as meeting the tree
planting requirements of this section until verified by the city that the
planted trees survive one full "winter season", which for the purpose of
this chapter is the period October 31 through May 31.
4. Exemptions: The requirements in this subsection shall not apply if the
minimum number of trees prescribed by this subsection are existing,
healthy and preserved in the front yard of the property and the trees meet
or exceed the requirements listed above.
B. Topsoil, Seed or Sod:
1. General Requirements: On all lots of record, for new construction all
disturbed yard areas and boulevards must be restored with topsoil and
either seeded or sodded:
a. R-4 and Urban Districts:
i. Topsoil: Topsoil shall be organic/black soil spread so as to
provide at least four inches (4") over the entire yard area.
ii. Sod and Seed: Sod must be installed in the boulevard/s and
extend to the rear wall of the principal residence on the lot.
All other lot areas shall be sodded or sown with lawn grass
seed at a rate of not less than four (4) pounds to each one
thousand (1,000) square feet of land area. The seed shall
consist of a maximum of ten percent (10%) rye grass by
weight and a minimum of ninety percent (90%) of permanent
bluegrass and/or fescue grass by weight.
b. R-1 and Rural Districts:
i. All disturbed lot areas shall be sodded or sown with
lawn grass seed at a rate of not less than four (4)
pounds to each one thousand (1,000) square feet of
land area. The seed shall consist of a maximum of ten
percent (10%) rye grass by weight and a minimum of
ninety percent (90%) of permanent bluegrass and/or
fescue grass by weight.
C. Wetlands: Wetlands shall be exempt from the sodding and seeding
requirements as determined by the city, Department of Natural Resources,
watersheds, or conservation district. The spreading of soil and seeding or
sodding of the front and side yard lawn shall be completed within six (6)
months after the issuance of the Certificate of Occupancy. (Amended Ord.
111A, 8-5-2002)
9-9-4: RETROACTIVE CLAUSE: The residential landscaping requirements of this
Chapter may be subject to Section 9-1-5 surety requirements.
9-9-5: ENFORCEMENT OFFICIAL: The Code Enforcement Officer of the City of
Andover shall enforce this chapter. (Amended Ord. 111A, 8-5-2002)
9-9-6: PENALTY: A violation of this chapter shall constitute a misdemeanor as
defined by state law as amended. (Amended Ord. 111A, 8-5-2002; Amended
Ord. 458, 4-5-16)
CHAPTER 10
MOVING BUILDINGS
SECTION:
9-10-1: Purpose And Objectives
9-10-2: Definitions
9-10-3: Required Licenses, Permits And Regulations
9-10-4: Violation; Penalties
9-10-1: PURPOSE AND OBJECTIVES: The purposes and objectives of
this chapter are to provide for protection from damage that results from the
moving of buildings over public road rights-of-way and to minimize the adverse
impact on surrounding properties after a building has been moved to such
property. (Ord. 200, 2-18-1997)
9-10-2: DEFINITIONS:
ACCESSORY
BUILDING: A structure or a portion of a structure subordinate to and
serving the principal use or structure on the same lot and
customarily incidental thereto.
BUILDING: Any structure having a roof (roof area to exceed 120
square feet) that may provide shelter or enclosure of
persons, animals or chattels.
BUILDING
MOVER: A person, corporation, or other entity who raises,
supports off the foundation, and moves buildings on
and over public streets and highways.
DWELLING UNIT: A residential building or portion thereof that is used
exclusively for human habitation but not including hotels or
motels.
ROAD
AUTHORITY: The Commissioner, as to trunk highways; the County
Board, as to county state aid highways and county
highways; the Town Board, as to town roads; and the
Andover City Council when city streets are specifically
mentioned. (Ord. 200, 2-18-1997; amd. 2003 Code)
9-10-3: REQUIRED LICENSES, PERMITS AND REGULATIONS:
A. Building Mover: The following pertain to information that is required
by the city from the building mover:
1. State License Required: No person may operate as a building mover in
the city unless licensed by the State as a building mover.
2. Building Permit Required: If a building or dwelling unit is to be placed on
a parcel of land in the city, the building mover will be required to obtain a
building permit before the building or dwelling unit is moved across any
public street and/or highway. The Building Official may refuse to issue a
permit if:
a. The building is too large to move and may endanger property or
persons in the city.
b. The building is in such a state of deterioration or disrepair or is
otherwise structurally unsafe that it could not be moved without
endangering property or persons in the city.
c. The building mover's equipment is unsafe.
d. Any other life/safety reasons as determined by the Building
Official.
3. Required Information: The building mover shall provide the city the
following:
a. Information in regard to the date and time the building will be
moved over public streets and/or highways.
b. A map showing a list of designated streets over which the
building shall be moved to assure safety to persons and property in
the city and to minimize congestion and hazards on public streets.
4. Removal To Another Parcel Of Land: The dwelling unit along with all
other accessory buildings (attached or detached) which shall be removed
from the residential parcel of land in the city if the dwelling unit is moved to
another parcel of land, unless the city receives in writing from the property
owner that a dwelling unit will be constructed or placed on that parcel
within one year from the date the building permit was issued to move the
dwelling unit from that parcel.
5. Restoration Of Removal Site: All rubbish and materials shall be
removed from the building or dwelling unit removal site, and all
excavations to existing grade shall be completed. The premises shall be
left in a safe and sanitary condition.
6. Damages Reported: The building mover shall notify the Building Official
of any and all damages done to property that resulted from the moving of
a building within twenty-four (24) hours after such damage occurred. The
building mover shall be liable for any damages and expenses incurred.
B. Building Owner: The following pertain to information that is required by
the city from the owners of the building or dwelling unit to be moved:
1. Conditional Use Permit Required: A Conditional Use Permit is required
prior to the moving of any dwelling unit onto a residentially zoned lot in the
city. The dwelling unit shall meet the minimum requirements for floor area
per dwelling unit as stated in the zoning ordinance. The Conditional Use
Permit will be reviewed by the City Council to determine if the building is
compatible with other development in the area and will not depreciate
surrounding property values.
2. Photographs Of Building: The owner of the moved dwelling unit shall
submit along with the conditional use permit photographs taken from two
(2) or more angles of the dwelling unit to be moved and photographs of
the lot on which the dwelling unit is to be located. Photographs of all
dwelling units and lots abutting the lot where the dwelling unit is to be
located shall also be submitted. (Ord. 200, 2-18-1997)
3. Time Limit To Move And Comply: The owner of the moved building or
dwelling unit will have one hundred eighty (180) days from the date the
permit was issued to move the building or dwelling unit to the desired
location and comply with all applicable city ordinances, the State Building
Code and state laws that involve the moving of buildings or dwelling units
over public rights-of-way and the placement of such buildings or dwelling
units on parcels of land in the city. (Ord. 200, 2-18-1997; amd. 2003 Code)
9-10-4: VIOLATION; PENALTIES: Any person who violates any provision
of this chapter shall be guilty of a misdemeanor and shall be subject to applicable
fines and imprisonment defined by state law. In addition to the penalties imposed
by this chapter, the city may exercise, with or separately from such penalties, all
and any other legal and equitable remedies then available to the city by this
chapter, or by statute, or by other ordinances of the city, or by applicable rules or
regulations, to enforce this chapter, including, without limitation, injunction. (Ord.
200, 2-18-1997)
CHAPTER 11
ANTENNAS AND TOWERS
SECTION:
9-11- 1: Purpose
9-11- 2: Definitions
9-11- 3: Permit And Lease Agreement Required
9-11- 4: Height Requirements
9-11- 5: Zoning District Regulations
9-11- 6: Co-location Requirements
9-11- 7: Design Requirements
9-11- 8: Setbacks
9-11- 9: General Requirements
9-11-10: Ground Mounted Equipment
9-11-11: Nonconforming Antennas And Towers
9-11-12: Interference With Public Safety Telecommunications Prohibited
9-11-13: Damaged Or Destroyed Antennas And Towers
9-11-14: Abandoned Antennas And Towers
9-11-15: Variances
9-11-16: Violation; Penalties
9-11-1: PURPOSE: In order to accommodate the communication needs of
residents and businesses while protecting the public health, safety, and general
welfare of the community, the City Council finds that these regulations are
necessary in order to:
A. Facilitate the provision of commercial wireless telecommunication
services to the residents and businesses of the city;
B. Minimize adverse effects of towers through careful design and siting
standards in order to lessen the aesthetic impact on surrounding
properties;
C. Avoid potential damage to adjacent properties from tower failure
through structural standards and setback requirements; and
D. Maximize the use of existing and approved towers and buildings to
accommodate new commercial wireless telecommunication antennas in
order to reduce the number of towers needed to serve the community.
(Ord. 270, 12-5-2000)
9-11-2: DEFINITIONS: The following words and terms shall have the
following meanings when used in this chapter:
ANTENNA: That portion of any equipment located on the exterior or
outside of any structure and used for transmitting or
receiving radio, telephone and television signals.
"Antenna", as defined in this chapter (unless otherwise
noted), pertains to all of the following antennas:
Antenna, Public
Utility Microwave: A parabolic dish or cornucopia shaped electromagnetically
reflective or conductive element used for the transmission
and/or reception of point to point UHF or VHF radio waves in
wireless telephone communications, and including the
supporting structure thereof.
Antenna, Radio
And Television,
Broadcasting
Transmitting: A wire, set of wires, metal or carbon fiber rod or other
electromagnetic element used to transmit public or
commercial broadcast radio or television programming, and
including the support structure thereof.
Antenna, Radio
And Television
Receiving: A wire, set of wires, metal or carbon fiber elements, other
than satellite dish antennas, used to receive radio, television,
or electromagnetic waves, and including the supporting
structure thereof.
Antenna,
Satellite Dish: A device incorporating a reflective surface that is solid, open
mesh, or bar configured and is in the shape of a shallow
dish, cone, horn, or cornucopia. Such device shall be used
to transmit and/or receive radio or electromagnetic waves
between terrestrially and/or orbitally based uses. This
definition is meant to include, but not be limited to,
commercial satellite earth stations, TVROs (television,
receive only), and satellite microwave antennas, but does
not include personal TVRO satellite reception receivers.
Antenna,
Short Wave Radio
Transmitting And
Receiving: A wire, set of wires or a device, consisting of a metal, carbon
fiber, or other electromagnetically conductive element, used
for the transmission and reception of radio waves used for
short wave radio communications, and including the
supporting structure thereof.
Antenna,
Telecommunications: A device consisting of a metal, carbon fiber, or other
electromagnetically conductive rod or element,
usually arranged in a circular array on a single
supporting pole or other structure, and is used for the
transmission and reception of radio waves in digital,
analog or other wireless or personal communication
services (i.e., cellular, paging, internet, etc.).
CO-LOCATION: The placement of wireless telecommunication antennas
by two (2) or more service providers on a tower, building
or structure.
COMMERCIAL
WIRELESS
TELECOMMUNICATION
SERVICES: Licensed commercial wireless telecommunication
services including cellular, personal communication
services (PCS), specialized mobilized radio (SMR),
enhanced specialized mobilized radio (ESMR), paging,
and similar services that are marketed to the general
public.
FEDERAL
COMMUNICATIONS
COMMISSION: The federal administrative agency, or lawful successor,
authorized to regulate and oversee telecommunications
carriers, services and providers on a national level.
GUYED TOWER: A tower that is supported, in whole or in part, by wires and
ground anchors.
LATTICE OR
SELF-SUPPORTED
TOWER: A tower erected on the ground that consists of metal crossed
strips or bars to support antennas and related equipment.
MAST: That portion of the outside antenna system to which the
antenna is attached, and the support of extension is
required to elevate the antenna to a height deemed
necessary for adequate operation.
PRIVATE
PROPERTY: Land that is not "public property" as defined in this section.
PUBLIC
PROPERTY: Land owned or operated by a government entity.
PUBLIC UTILITY: Persons, corporations, or governments supplying gas,
electric, transportation, water, or landline telephone services
to the general public. For the purposes of this chapter,
wireless telecommunication service facilities shall not be
considered public utility uses and are defined separately.
SERVICE
PROVIDER: Any individual or entity that provides wireless
telecommunication services.
SMALL
WIRELESS
FACILITY: A wireless facility that meets both of the following
qualifications:
(i) each antenna is located inside an enclosure of no more than
six cubic feet in volume or could fit within such an enclosure;
and
(ii) all other wireless equipment associated with the small
wireless facility provided such equipment is, in aggregate, no
more than 28 cubic feet in volume, not including electric
meters, concealment elements, telecommunications
demarcation boxes, battery backup power systems,
grounding equipment, power transfer switches, cutoff
switches, cable, conduit, vertical cable runs for the
connection of power and other services, and any equipment
concealed from public view within or behind an existing
structure or concealment. (Ordinance 478, 2-5-18)
TOWER: Any pole, monopole, spire, or structure (excluding
structures required for the transmission of electric
energy), or any combination, to which any antenna could
be attached, or which is designed for any antenna to be
attached, and all supporting lines, cables, wires and
braces. (Amd. Ord. 364, 2-19-08)
TOWER,
MULTI-USER: A tower to which is attached the antennas of more
than one commercial wireless telecommunication
service provider or governmental entity.
TOWER,
SINGLE USER: A tower to which is attached only the antennas of a single
user, although the tower may be designed to accommodate
the antennas of multiple users as required in this chapter.
(Ord. 270, 12-5-2000)
9-11-3: PERMIT AND LEASE AGREEMENT REQUIRED: All towers and
antennas over thirty five feet (35’) from ground level shall require a conditional
use permit and building permit approvals from the City. All towers and antennas
on City-owned public property shall require a lease agreement with the City. Any
changes to a tower or antenna shall require an amended conditional use permit.
(Ord. 364, 2-19-2008)
9-11-4: HEIGHT REQUIREMENTS:
A. In Commercial and Industrial zoning districts, towers and antennas may
not exceed 150 feet in height.
B. In residentially zoned districts, towers and antennas may not exceed 120
feet in height.
C. Antennas (including the mast) may be mounted on a building or structure
provided that the antennas do not extend over fifteen feet (15’) above the
highest portion of the roof of the building or structure. (Ord. 364, 2-19-
2008)
9-11-5: ZONING DISTRICT REGULATIONS:
A. Residential Zoning Districts:
1. Towers supporting antennas and conforming to all applicable provisions
of this chapter may be allowed only in the following residentially zoned
locations: (Ord. 270, 12-5-2000; amd. 2003 Code)
a. Religious institution sites, when camouflaged; (Amended Ord.
481, 4/3/18)
b. Public land, including City water towers, schools, and publicly-
purchased parks when the City Council determines that the tower
will not adversely affect the use of the park or neighboring
properties; (Ord. 364, 2-19-2008)
c. Utility and transmission structures located in public rights-of-way;
when attached thereto; and
d. Utility and transmission structures located outside of public
rights-of-way, exclusively to serve the structures. (Ord. 364, 2-19-
2008)
1. Only one tower or monopole shall exist on any one residentially
zoned parcel of land.
2. Small Wireless Facilities require a Conditional Use Permit and shall
conform to all applicable provisions of City Code pertaining to Public
Right-of-way Management (Ordinance 478, 2-5-18).
B. Commercial And Industrial Districts:
1. Towers supporting antennas and conforming to all applicable provisions
of this chapter may be allowed only in the following commercially and
industrially zoned locations:
a. Industrial (I) zoned parcels of land when the appearance is
consistent with the surrounding area and is compatible with the
use;
b. Commercially zoned parcels (Shopping Center SC and General
Business GB) parcels of land when the appearance is consistent
with the surrounding area and is compatible with the use; and
c. Utility and transmission structures located in public rights-of-way
when attached thereto.
d. Utility and transmission structures located outside of public
rights-of-way exclusively to serve these structures. (Ord. 364, 2-19-
2008)
4. Only one tower shall exist on any one industrially or commercially
zoned parcel of land. (Ord. 270, 12-5-2000)
5. Small Wireless Facilities shall conform to all applicable provisions of
City Code pertaining to Public Right-of-Way Management (Ordinance
478, 2-5-18).
9-11-6: COLOCATION REQUIREMENTS: All telecommunication towers
erected, constructed, or located within the city shall comply with the following
requirements:
A. A proposal for a new telecommunication service tower shall not be
approved unless the City Council finds that the telecommunications
equipment planned for the proposed tower cannot be accommodated on
an existing approved tower or building due to one or more of the following
reasons:
1. The planned equipment would exceed the structural capacity of the
existing or approved tower or building, as documented by a qualified and
licensed structural engineer, and the existing or approved tower cannot be
reinforced, modified, or replaced to accommodate planned or equivalent
equipment at a reasonable cost.
2. The planned equipment would cause interference materially impacting
the usability of other existing or planned equipment at the tower or building
as documented by a qualified and licensed professional engineer, and the
interference cannot be prevented at a reasonable cost.
3. Existing or approved towers and buildings within the search radius
cannot accommodate the planned equipment at a height necessary to
function reasonably as documented by a qualified and licensed
professional engineer.
4. Other unforeseen reasons that make it infeasible to locate the planned
telecommunications equipment upon an existing or approved tower or
building.
B. Towers must be designed to allow for future arrangement of antennas
upon the tower and to accept antennas mounted at varying heights. A
tower one hundred feet (100’) or more in height shall accommodate at
least three (3) additional users. (Ord. 270, 12-5-2000) (Ord. 364, 2-19-
2008)
9-11-7: DESIGN REQUIREMENTS: Telecommunication service towers
shall be of a monopole design unless the City Council determines an alternative
design would better blend into the surrounding environment. Lattice towers are
prohibited. (Ord. 270, 12-5-2000)
9-11-8: SETBACKS: Towers shall conform with each of the following
minimum setback requirements:
A. Towers and ground mounted equipment shall meet the building
setbacks of the underlying zoning district as stated in the zoning
ordinance.
B. Towers shall be set back from all structures and all property lines at a
distance equal to the height of the tower (plus an additional 10 feet),
unless a qualified professional structural engineer certifies in writing that
the collapse of the tower will occur within a lesser distance under all
foreseeable circumstances.
C. A tower's setback may be reduced or its location in relation to a public
street or neighboring property varied, at the sole discretion of the City
Council. The Council’s decision must be based on legitimate findings
such as, but not limited to:
a. Aesthetic concerns
b. Safety concerns
c. City staff review (Ord. 364, 2-19-2008)
9-11-9: GENERAL REQUIREMENTS: All towers and antennas for which a
permit is required shall comply with the following requirements:
A. Lighting: Towers shall not be illuminated by artificial means and shall not
display strobe lights unless such lighting is specifically required by the
Federal Aviation Administration or other federal or state authority for a
particular tower. When incorporated into the approved design of the
tower, light fixtures used to illuminate ball fields, parking lots, or similar
areas may be attached to the tower.
B. Signs And Advertising: The use of any portion of a tower for signs is
prohibited. Warning or equipment signs are exempt from this provision.
C. Supplemental Information: Applications for towers shall include the
following supplemental information:
1. A report from a qualified and licensed professional engineer that:
a. Describes the tower height and design including a cross section
and elevation;
b. Documents the height above grade for all potential mounting
positions for co-located antennas and the minimum separation
distances between antennas;
c. Describes the tower's capacity, including the number and type of
antennas that it can accommodate;
d. Documents what steps the applicant will take to avoid
interference with established public safety telecommunications;
e. Includes an engineer's stamp and registration number;
f. A coverage map showing what portions of the city will be served
by the user, along with future coverage plans and potential
construction sites to provide similar service elsewhere in the city;
g. A report indicating that the request meets technical emission
standards set by the FCC; and
h. Includes other information necessary to evaluate the request.
2. For all telecommunication service towers, a letter of intent committing
the tower owner and his or her successors to allow the shared use of the
tower if an additional user agrees in writing to meet reasonable terms and
conditions for shared use.
3. Before the issuance of a building permit, the following information shall
be submitted to the city:
a. Proof that the proposed tower complies with regulations
administered by the Federal Aviation Administration; and
b. A report from a qualified and licensed professional engineer that
demonstrates the tower's compliance with the aforementioned
structural and electrical standards. (Ord. 270, 12-5-2000)
9-11-10: GROUND MOUNTED EQUIPMENT:
A. Ground mounted equipment shall be stored within a closed, secure
building. All buildings accessory to a tower or antenna shall be architecturally
designed to blend in with the surrounding environment. (Ord. 364, 2-19-2008)
B. Screening shall be provided in compliance with Chapter 12-14-5. (Ord.
364, 2-19-2008)
9-11-11: NONCONFORMING ANTENNAS AND TOWERS: Antennas and
towers in existence prior to the adoption of this chapter that do not conform to or
comply with the provisions of this chapter may continue in use for the purpose
now used and as now existing but may not be structurally altered without
complying with this chapter. (Ord. 270, 12-5-2000; amd. 2003 Code)
9-11-12: INTERFERENCE WITH PUBLIC SAFETY
TELECOMMUNICATIONS PROHIBITED: No new or existing
telecommunications services shall interfere with public safety
telecommunications. (Ord. 270, 12-5-2000)
9-11-13: DAMAGED OR DESTROYED ANTENNAS AND TOWERS:
If an antenna or tower is damaged or destroyed due to any reason or cause
whatsoever, the same may be repaired or restored to its former use, location
and physical dimensions upon obtaining a building permit. The repair or
restoration must comply with this chapter. Provided, however, that if the cost of
repairing such damaged or destroyed antenna or tower would be fifty percent
(50%) or more of the cost of purchasing and erecting a new antenna or tower of
like kind and quality, as estimated by the Building Official, and to the former use,
physical dimensions and location, then the antenna or tower may not be
repaired or restored except in full compliance with the requirements of this
chapter. (Ord. 270, 12-5-2000; amd. 2003 Code)
9-11-14: ABANDONED ANTENNAS AND TOWERS: Any antenna or tower
that is not used for one year shall be deemed abandoned. Within ninety- (90)
days of notice by the city, the antenna or tower and all other associated
equipment must be removed from the property. If the antenna or tower and
equipment are not removed from the property within the time period as stated
herein, a public nuisance may be declared, and the city may order that the public
nuisance be abated in a manner consistent with ordinances and policies of the
city. (Ord. 270, 12-5-2000; amd. 2003 Code)
9-11-15: VARIANCES: Variances from the provisions of this chapter shall be
processed and granted or denied in the same manner and based on the same
criteria as stated in the city zoning ordinance1. (Ord. 270, 12-5-2000)
9-11-16: VIOLATION; PENALTIES: Any person who shall violate any
provision of this chapter shall be charged with a misdemeanor and upon
conviction thereof, shall be subject to applicable fines and imprisonment as
defined by state law. In addition to the penalties imposed by this chapter, the city
may exercise, with or separately from such penalties, all and any other legal and
equitable remedies then available to the city by this chapter, or by statute, or by
other ordinances of the city, or by applicable rules or regulations, to enforce this
chapter, including, without limitation, injunction. (Ord. 270, 12-5-2000)
1 See section 12-15-7 of this code.
Chapter 12
Wind Energy Conversion Systems
SECTION
9-12-1: Purpose and Intent
9-12-2: Definitions
9-12-3: General Standards
9-12-4: Residential WECS
9-12-5: Commercial WECS
9-12-6: Roof Mounted Residential WECS
9-12-7: Exceptions to the Requirements of this Chapter
9-12-1: PURPOSE AND INTENT: The purpose of this chapter is to promote
the safe, effective and efficient use of alternative energy sources and systems as
the technology becomes available. The purpose of this chapter is also to establish
predictable and balanced regulations for the establishment of commercial,
residential, and roof mounted WECS. (Amended Ord. 397, 8/17/10)
9-12-2: DEFINITIONS: The following words and terms shall have following
meanings when used in this chapter:
WIND ENERGY
CONVERSION SYSTEM (WECS): Any device which converts wind energy
to a form of usable electrical energy.
Windmills used for agricultural pumping
water and decorative windmills less than
thirty five (35) feet in height shall be
excluded from this definition. (Amended
Ord. 397, 08/17/10)
COMMERCIAL WECS: Means a WECS of forty (40) kilowatts or
more in total name plate generating
capacity.
RESIDENTIAL WECS: Means a WECS of less than forty (40)
kilowatts in total name plate generating
capacity.
ROOF MOUNTED WECS: Means a WECS mounted on top of a
building, as set forth in Section 9-9-3.
WECS HEIGHT: The height of the tower/pole plus the
rotor radius.
9-12-3: GENERAL STANDARDS: The following general standards are
requirements of the three types of Wind Energy Conversions Systems (WECS):
(Amended Ord. 397, 08/17/10)
1) No more than one Wind Energy Conversion System (WECS) shall be
permitted per lot.
2) Conditional use and building permits are required for all WECS. (Amended
Ord. 397, 08/17/10)
3) SETBACKS: WECS shall be set back a minimum of 1.5 times the height of
the WECS from:
a) the nearest habitable structure;
b) the nearest public right-of-way;
c) the nearest property line;
d) recreational fields.
In addition no portion of the WECS, including the full arc area created by
any blades, shall extend over any aboveground power line or drainage and
utility easement. (Amended Ord. 397, 08/17/10)
4) The WECS shall be equipped with both a manual and an automatic braking
device capable of stopping operation in high winds. (Amended Ord. 397,
08/17/10)
5) No WECS shall have affixed or attached lights, reflectors, flashers or other
illumination, except as may be required by the Federal Aviation
Administration. (Amended Ord. 397, 08/17/10)
6) The WECS shall not cause electrical, radio frequency, television, or other
communication signal interference.
7) All obsolete and unused towers and equipment shall be removed within
twelve (12) months of cessation of operation, unless the City Council grants
an exemption or an extension. (Amended Ord. 397, 08/17/10)
8) No “wind farms” are allowed. (Amended Ord. 397, 08/17/10)
9) Noise. All WECS shall comply with all local, state and federal standards for
noise. (Amended Ord. 397, 08/17/10)
10) All WECS shall comply with all applicable local, state and federal
regulations and standards. (Amended Ord. 397, 08/17/10)
11) No WECS shall be located in front yards of lots consisting of 2.5 acres or
less. (Amended Ord. 397, 08/17/10)
12) No existing WECS shall be physically altered unless it is being removed
from the property or through standard maintenance that does not expand
the arc area or the height of the structure. (Amended Ord. 397, 08/17/10)
13) Violation; Revocation of Permit: Violation of any provision of this chapter is
grounds for revocation of a conditional use permit for a WECS and/or
removal of a WECS.
9-12-4: RESIDENTIAL WECS:
A. LOCATION: Residential WECS shall be allowed as a conditional use on
parcels of land meeting the setback requirements listed in Section 9-13-3 and in
accordance with the permit and regulations established in this chapter.
B. DESIGN REQUIREMENTS:
Blade arcs shall have a minimum of thirty (30) feet of clearance over any
accessory structure or tree within the full arc area. (Amended Ord. 397,
08/17/10)
1) The WECS, including the blades, shall be grounded and shielded.
(Amended Ord. 397, 08/17/10)
2) The WECS shall not include a tower-climbing apparatus within twelve (12)
feet of the ground.
3) The WECS shall display a sign at the base of the tower, containing the
following information:
a) A warning of high voltage,
b) An emergency telephone number,
c) The emergency shutdown procedures,
d) Additional information which may be required on the basis of
individual applications as safety needs dictate or as identified in the
conditional use permit. (Amended Ord. 397, 08/17/10)
C. INSURANCE REQUIREMENTS: The applicant for the conditional use
permit shall deposit with the City Clerk a policy of liability insurance for personal
injury or property damage in the sum of at least $300,000. The policy shall contain
a clause obligating the company issuing to give at least thirty (30) days written
notice to the City before cancellation thereof. The conditional use and building
permits are automatically revoked upon the lapse or termination of said policy.
(Amended Ord. 397, 08/17/10)
9-12-5: COMMERCIAL WECS:
A. LOCATION: Commercial WECS shall be allowed as a conditional use on
parcels of land with a minimum of at least five (5) acres in size and in accordance
with the permit and regulations established in this chapter.
B. DESIGN REQUIREMENTS:
1) Blade arcs created by the WECS shall have a minimum of thirty (30) feet of
clearance over any accessory structure or tree within the full arc area
created by blades used in the system.
2) The WECS, including the blades, shall be grounded and shielded in
conformance with the National Electrical Code. (Amended Ord. 397,
08/17/10)
3) The WECS shall not include a tower-climbing apparatus within twelve (12)
feet of the ground.
4) The WECS shall display a sign posted at the base of the tower containing
the following information:
a) A warning of high voltage,
b) An emergency telephone number,
c) The emergency shutdown procedures,
d) Additional signs may be required as safety needs dictate or as
identified in the conditional use permit. (Amended Ord. 397,
08/17/10)
C. INSURANCE REQUIREMENTS: The applicant for the conditional use
permit shall deposit with the City Clerk a policy of liability insurance indemnifying
the applicant from liability for personal injury or property damage in the sum of at
least $500,000. The policy shall contain a clause obligating the company issuing
the same to give at least thirty (30) days written notice to the City before
cancellation thereof. The conditional use and building permits are automatically
revoked upon the lapse or termination of said policy. (Amended Ord. 397,
08/17/10)
9-12-6: ROOF MOUNTED RESIDENTIAL WECS:
A. LOCATION: A WECS sited on top of a building shall be allowed as a
conditional use in accordance with the permit and regulations established in this
chapter. (Amended Ord. 397, 08/17/10)
B. DESIGN REQUIREMENTS:
1) The WECS must be less than ten (10) kilowatts generating capacity. The
WECS shall not extend higher than fifteen feet (15’) above the maximum
height allowed for the structure. (Amended Ord. 397, 08/17/10)
2) Certification of compliance by a state professional engineer is required.
C. INSURANCE REQUIREMENTS: The applicant shall deposit with the City
Clerk a policy of liability insurance indemnifying the applicant from liability for
personal injury or property damage in the sum of at least $300,000. The policy
shall contain a clause obligating the company issuing the same to give at least
thirty (30) days written notice to the City before cancellation thereof. The
conditional use and building permits are automatically revoked upon the lapse or
termination of said policy. (Amended Ord. 397, 08/17/10)
9-12-7: EXCEPTIONS: Exceptions to the requirements of this chapter shall include
windmills used for agricultural purposes Said such exceptions shall be allowed
provided that they meet the following: (Amended Ord. 397, 08/17/10)
1) Windmill is not detrimental to the public health, safety and welfare of the
neighboring property owners and occupants.
2) Windmill does not constitute a Public Nuisance as outlined in Title 4: Public
Health and Safety, of the City Code. (Ord. 390 3-16-10)
Chapter 13
Electrical Code
SECTION
9-13-1: Minnesota State Electrical Act Adopted
9-13-2: Application, Administration and Enforcement
9-13-3: Permits, Inspections and Fees
9-13-4: Violations and Penalties
9-13-1: MINNESOTA STATE ELECTRICAL ACT ADOPTED: The
Minnesota Electrical Act, as adopted by the Commissioner of Labor and Industry
pursuant to Minnesota Statutes Chapter 326B, Sections 326B.31 to 326B.399,
including all of the amendments, rules and regulations established, adopted and
published from time to time by the Minnesota Commissioner of Labor and Industry,
through the Department of Labor and Industry is hereby adopted by reference with
the exception of Minnesota Statute, Section 326B.37, Inspection Fee Schedule.
The Minnesota Electrical Act is hereby incorporated into this ordinance as if fully
set out herein, with the exception of Minnesota Statute, Section 326B.37,
Inspection Fee Schedule. (Ord. 411, 7-6-11)
9-13-2 : APPLICATION, ADMINISTRATION AND ENFORCEMENT: The
application, administration, and enforcement of the code shall be in accordance
with the Minnesota Electrical Act. The code shall be enforced in accordance with
Minnesota Statutes, Sections 326B.081 through 326B.085, within incorporated
limits of the city and the extraterritorial limits permitted by law. The building
inspections division of the City of Andover shall administer the Minnesota Electrical
Act and shall be the enforcing agency. The code shall be enforced by the City of
Andover’s certified building official, designated by the city to administer the code.
(Ord. 411, 7-6-11)
9-13-3 PERMITS, INSPECTIONS AND FEES: The issuance of permits and
the collection of fees shall be authorized in Minnesota Statutes, 326B.36, except
that the application shall be submitted directly to the City of Andover. Permit fees
shall be assessed for work governed by this code in accordance with the fee
schedule adopted by city ordinance annually, or as the city council may deem
necessary. In addition, a surcharge fee shall be collected on all permits for work
governed by this code in accordance with Minnesota Statute 16B.70. Any handling
or inspection fees will be payable to the City of Andover. (Ord. 411, 7-6-11)
9-13-4 VIOLATIONS AND PENALTIES: A violation of this chapter,
including provisions of the Minnesota Electrical Act adopted herein, will constitute
a misdemeanor. (Ord. 411, 7-6-11)
CHAPTER 14
SOLAR ENERGY SYSTEMS
SECTION
9-14-1 Purpose and Intent
9-14-2 Definitions
9-14-3 Accessory Use
9-14-4 Exemptions
9-14-5 System Standards
9-14-1: PURPOSE AND INTENT: It is the goal of the city council for
Andover to become a more sustainable community by encouraging activities that
conserve energy and result in less/no pollution output such as alternative energy
sources. In accordance with that goal, the city finds that it is in the public interest
to encourage alternative energy systems that have a positive impact on energy
production and conservation while not having an adverse impact on the
community. Therefore, the purposes of this section include:
1. To promote rather than restrict development of alternative energy sources by
removing regulatory barriers and creating a clear regulatory path for approving
alternative energy systems.
2. To create a livable community where development incorporates sustainable
design elements such as resource and energy conservation and use of
renewable energy.
3. To protect and enhance air quality, limit the effects of climate change and
decrease use of fossil fuels.
4. To encourage alternative energy development in locations where the
technology is viable and environmental, economic and social impacts can be
mitigated.
9-14-2: DEFINITIONS: The following words, terms and phrases shall have
the following meanings when used in this chapter:
ALTERNATIVE ENERGY SYSTEM: An energy transfer of generating system
such as ground source heat pump, wind or solar energy system.
SOLAR COLLECTOR: A device, structure or a part of a device or structure for
which the primary purpose is to capture sunlight and transform it into thermal,
mechanical, chemical, or electrical energy.
SOLAR ENERGY: Radiant energy received from the sun that can be collected in
the form of heat or light by a solar collector.
SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial
purpose of which is to provide daylight for interior lighting or provide for the
collection, storage and distribution of solar energy for space heating or cooling,
electricity generation or water heating.
SOLAR ENERGY SYSTEM, ACTIVE: A solar energy system whose primary
purpose is to harvest energy by transferring solar energy into another form of
energy or transferring heat from a solar collector to another medium using
mechanical, electrical, or chemical means.
SOLAR ENERGY SYSTEM, BUILDING INTEGRATED: A solar energy system
that is an integral part of a principal or accessory building, replacing or
substituting for an architectural or structural component of the building. Building
integrated systems include, but are not limited to, photovoltaic or hot water solar
energy systems that are contained within or substitute for roofing materials,
windows, skylights, awnings and shade devices.
SOLAR ENERGY SYSTEM, GROUND MOUNTED: A freestanding solar system
mounted directly to the ground using a rack or pole rather than being mounted on
a building.
SOLAR ENERGY SYSTEM, PASSIVE: A system that captures solar light or heat
without transforming it to another form of energy or transferring the energy via a
heat exchanger.
SOLAR ENERGY SYSTEM, ROOF MOUNTED: A solar energy system mounted
directly or abutting the roof of a principal or accessory building.
SOLAR HOT WATER SYSTEM (Also THERMAL SYSTEM): A system that
includes a solar collector and a heat exchanger that heats or preheats water for
building heating systems or other hot water needs, including residential domestic
hot water and hot water for commercial processes.
9-14-3: ACCESSORY USE:
1) Ground mounted solar energy systems shall be allowed in the R-1, Single
Family Rural District as a permitted accessory use in accordance with the
standards in this section.
2) Roof mounted solar energy systems shall be allowed as a permitted
accessory use in all zoning districts in accordance with the standards in
this section.
9-14-4: EXEMPTIONS: Passive or building integrated solar energy
systems are exempt from the requirements of this section and shall be regulated
as any other building element.
9-14-5: SYSTEM STANDARDS:
1) Electrical:
a) All utilities shall be installed underground except the electrical lines for
roof mounted units.
b) An exterior utility disconnect switch shall be installed at the electric
meter serving the property.
c) Solar energy systems shall be grounded to protect against natural
lightning strikes in conformance with the national electrical code as
adopted by the city.
d) No solar energy system shall be interconnected with a local electrical
utility until the utility has reviewed and provided written approval for the
interconnection. The interconnection of the solar energy system with the
utility shall comply with the City Code and Minnesota State Building Code.
e) All solar energy systems shall meet the standards of the Minnesota
State Building Code.
2) Aesthetics: All solar energy systems shall be designed to blend into the
architecture of the building to the extent possible without negatively
impacting the performance of the system and to minimize glare towards
vehicular traffic and adjacent properties.
3) Glare: The panels of ground mounted solar energy systems shall be
placed and arranged such that reflected solar radiation or glare shall not
be directed onto adjacent buildings, properties or roadways. Prior to the
issuance of a permit for a ground mounted solar energy system, the
permit applicant must provide an analysis demonstrating that the ground
mounted system will not impact aesthetics of adjacent properties.
4) Location:
a) Roof mounting:
1) The solar energy system shall comply with the maximum height
requirements of the applicable zoning district. Roof mounted solar
collectors shall be flush mounted on pitched roofs unless the roof
pitch is determined to be inadequate for optimum performance of the
solar energy system in which case the pitch of the solar collector may
exceed the pitch of the roof up to 5% but in no case shall be higher
than ten inches above the roof. Solar collectors on flat roofs may be
bracket mounted. Commercial/Industrial collectors located on flat
roofs shall be placed on the roof to limit the visibility from public right-
of-ways and residential properties and meet the screening
requirements of the City Code.
2) The solar energy system shall not extend beyond the perimeter of
the exterior walls of the building on which it is mounted.
b) Ground mounting:
1) The solar energy system shall not be located in the front yard as
defined by City Code Section 12-2-2. (Amended Ord. 502, 3/2/20)
2) All components of the solar energy system shall be set back a
minimum of thirty feet (30’) from interior side lot lines and rear lot
lines, and shall otherwise be set back as required by City Code
Section 12-6-5 for accessory structures. (Amended Ord. 502, 3/2/20)
3) The solar energy system shall not exceed fifteen feet (15’) in
height.
4) The solar energy system shall be limited to a maximum ground
coverage area based on parcel/lot area (Amended Ord. 502, 3/2/20):
i. Lots Less Than 3 Acres – On parcels less than three (3) acres, the
maximum ground mounted solar electric ground coverage area must
not exceed four hundred (400) square feet. (Amended Ord. 502,
3/2/20)
ii. Lots 3 Acres and Larger – On parcels three (3) acres and larger,
the maximum ground mounted solar electric ground coverage area
must neither exceed the foundation area of the residence (not
including the attached garage), nor one thousand two hundred
(1,200) square feet, whichever is less. (Amended Ord. 502, 3/2/20)
5) Solar energy systems shall not encroach upon drainage and utility
easements.
5) Screening: Solar energy systems shall be screened in accordance with
the requirements of Section 12-14-5 of the City Code to the extent
possible without affecting their function.
6) Certification: The solar energy system shall be listed and labeled by an
approved third party testing agency and comply with the requirements of
the Minnesota State Building Code. (Amended Ord. 502, 3/2/20)
7) Abandonment: If the solar energy system remains damaged,
nonfunctional or inoperative for a continuous period of one year, the
system shall be deemed to be abandoned and shall constitute a public
nuisance. The owner shall remove the abandoned system at their
expense after a demolition permit has been obtained. Removal includes
the entire structure including transmission equipment.
8) Building Permit: Permits as required by the Minnesota State Building Code
shall be obtained for any solar energy system prior to installation.
CHAPTER 15
PLUMBING PLAN REVIEW
SECTION:
9-15-1: Plumbing Permit Administration, Plan Review, and
Inspections
9-15-1: PLUMBING PERMIT ADMINISTRATION, PLAN REVIEW,
AND INSPECTIONS
A. All plumbing on private property within the city must comply with the
provisions of the state building and plumbing code and this article.
B. Plans and specifications. Prior to the installation of a system of plumbing
other than for a single-family dwelling, complete plans and specifications,
together with any additional information that the building official may
require, must be submitted and reviewed by the building official or their
designee prior to permits and installation. Construction cannot proceed
except in accordance with approved plans and specifications. Any
alteration, extension, or repair of an existing system is subject to these
same requirements, unless waived by the building official in accordance
with Minn. Rules, part 1300.0215.
C. Exceptions. Pursuant to Minn. Stat. § 326B.43, subd. 2(n), plumbing plans
and specifications for the following projects must be submitted to the
Minnesota Department of Labor and Industry for a full plan review:
1. State-licensed facilities as defined in Minn. Stat. § 326B.103, subd. 13;
2. Public buildings as defined in Minn. Stat. § 326B.103, subd. 11; and
3. Projects of a special nature for which department review is requested by
either the municipality or the state.
D. Inspections. New plumbing systems or parts of existing plumbing systems
that have been altered, extended, or repaired shall be inspected, tested,
and approved by the building official or their designee in accordance with
Minn. Rules, part 1300.0215 before the plumbing system is put into use.
The building official shall perform the final inspection and witness the test.
The building official shall approve the plumbing system if the system
complies with the requirements of this Code, any permit requirements, and
the requirements of any approved plans and specification. Plumbing
system tests shall comply with Minn. Rules, Chapter 4714.
E. Covering of work. No building drainage or plumbing system or part thereof
shall be covered until it has been inspected, tested, and approved as
herein prescribed.
F. Violation; Penalty: Any person, firm, or corporation who shall violate any
provision of this chapter shall be guilty of a misdemeanor and upon
conviction thereof, shall be punished as defined by state law. (Amended
Ord. 551, 5-2-23)