Ordinance No. 172 2nd Series – Minor Code Revisions (2018)

ORDINANCE NO. 172, 2ND SERIES

AN ORDINANCE OF THE CITY OF WINDOM, MINNESOTA, AMENDING VARIOUS SECTIONS OF THE CITY CODE  

            THE CITY COUNCIL OF THE CITY OF WINDOM ORDAINS:

            WHEREAS, on April 3, 2018, by adoption of Ordinance No. 168, 2nd Series, the City Council adopted the most recent codified supplement to the Code of Ordinances for the City of Windom; and            

            WHEREAS, there are numerous clarification updates to the City Code which the Planning Commission has recommended to the City Council including: addition of another exemption under “Discharge of Firearms”; clarification of size/inspection of fire extinguishers in rental housing units; clarification of definitions of “Yard, Front” and “Yard, Side”; correction of typographical error in “Maximum Lot Coverage” in Zoning District R-3; addition of conditional use in I-2 Heavy Industrial District previously approved but inadvertently omitted from the Code; addition of reference to additional code sections in Section 152.280 “Fences in Residential Districts”; addition of reference to additional code sections in Section 152.283 “Solar Energy Systems”; and clarification of requirements regarding submittals concerning height of proposed wind energy conversion systems; and  

WHEREAS, it is in the best interests of the citizens of Windom that the City Code be amended as set forth herein.

            NOW, THEREFORE, THE CITY OF WINDOM, MINNESOTA, HEREBY AMENDS THE CITY CODE OF THE CITY OF WINDOM BY:

  1. ADDITION OF THE FOLLOWING EXEMPTION in Section 94.02
    “Discharge of Firearms and Explosives; Exemptions”:

“(D)   Nothing in division (A) above shall apply with permission of the City Administrator, or his/her designated agent, upon application for and receipt of a permit specifying the time period, place, purpose, safety precautions required, type of weapon or apparatus and type of ammunition/projectile to be used and the person, corporation or organization to whom the permission is granted.”

  1. DELETING SECTION 150.53(H) OF THE “HEALTH AND SAFETY” SECTION OF THE “RENTAL HOUSING” CHAPTER OF THE CITY CODE IN ITS ENTIRETY AND REPLACING IT WITH THE FOLLOWING NEW SECTION 150.53(H):

            “(H)  Fire extinguishers of Type ABC.  The owner:
                       (1)  Shall equip each dwelling unit with a fire extinguisher.

                        (2)  Exception:  Properties with two or more dwelling units shall have
the option of installing one 10 lb. extinguisher in a common area accessible to all units with a minimum of at least one extinguisher per floor that contains two or more dwelling units.  Annual inspections of these fire extinguishers by a certified professional will be required.”
 

  1. DELETING THE DEFINITIONS FOR “YARD, FRONT” AND “YARD, SIDE” IN SECTION 152.002 “RULES OF CONSTRUCTION; DEFINITIONS” OF THE CITY CODE IN THEIR ENTIRETY AND REPLACING THEM WITH THE FOLLOWING DEFINITIONS IN SECTION 152.002:

“Yard, Front: A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.  For lots where more than one yard fronts a public street (such as corner lots), all yards that front a public street shall be considered front yards for their entire width for purposes of establishing setback requirements.


Yard, Side: A yard extending from the front yard to the rear yard and lying between the side line of the lot and the nearest line of the building.” 

  1. DELETING THE DEFINITION FOR “YARD, REAR DEPTH” IN SECTION 152.002 IN ITS ENTIRETY.
  1. DELETING THE WORDING “MINIMUM LOT COVERAGE” IN THE CHART IN SECTION 152.083 “YARD AND LOT REQUIREMENTS” [for R-3 (Multi-Family Residential District)] AND REPLACING THE WORDING WITH THE FOLLOWING LANGUAGE:

“Maximum Lot Coverage”. 

  1. ADDING THE FOLLOWING CONDITIONAL USE IN SECTION 152.172 “CONDITIONAL USES” [for I-2 (Heavy Industrial District)]:

“(G)  Meat Processing Plants” 

AND RE-LETTERING THE EXISTING (G) AS 152.172(H).

  1. ADDING THE FOLLOWING LANGUAGE AS THE THIRD SENTENCE IN SECTION 152.280 “FENCES IN RESIDENTIAL DISTRICTS”:

“See §§ 152.420 through 152.428 for specific requirements for fences and screening.”

  1. ADDING THE FOLLOWING LANGUAGE AS THE SECOND SENTENCE IN SECTION 152.283 – “SOLAR ENERGY SYSTEMS”:

“See §§ 152.390 through 152.396 for permitting and operation requirements and standards for Solar Systems.”

  1. DELETING SECTION 152.385(C) “HEIGHT” OF THE “GENERAL REQUIREMENTS” FOR THE “WIND ENERGY CONVERSION SYSTEMS (WECS)” SECTION OF THE CITY CODE IN ITS ENTIRETY AND REPLACING IT WITH A NEW SECTION 152.385(C):

        “(C)  Height.  The total height of the tower (including any portion of the rotor or axis extending above the tower) shall not exceed the horizontal line.  Example:  For a 100-foot high tower, a minimum of a 100-foot clear zone in each direction around the base of the tower is required.  When the proposed height exceeds these requirements or if the proposed horizontal distance extends beyond a lot line or into a public way, the following information shall be submitted:” 

SECTIONS 152.385(C)(1), 152.385(C)(2), AND 152.385(C)(3) shall remain unchanged.                       

  1.           ALL OTHER PROVISIONS OF THE CITY CODE, CODIFIED IN ORDINANCE NO. 168, 2ND SERIES ADOPTED BY THE WINDOM CITY COUNCIL ON          APRIL 3, 2018, SHALL REMAIN IN FULL FORCE AND EFFECT.

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THE CITY COUNCIL OF THE CITY OF WINDOM FURTHER ORDAINS: 

This ordinance shall be published in the COTTONWOOD COUNTY CITIZEN and shall be effective immediately upon publication.   

            ADOPTED AND PASSED by the City Council of the City of Windom, Minnesota, this 18th  day of  December , 2018.

                                                                                   ____________________________________________

                                                             Dominic Jones, Mayor

ATTEST:

__________________________________________
Steven Nasby, City Administrator/Clerk-Treasurer

1st Reading:     December 4, 2018 

2nd Reading:    December 18, 2018

Adoption:        December 18, 2018  

Published:       December 26, 2018