CHAPTER FIVE LAND USE CONTROL 500 BUILDING CODE This ordinance provides for the application, administration, and enforcement of the Minnesota State Building Code by regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and/or structures in this municipality; provides for the issuance of permits and collection of fees thereof; provides penalties for violation thereof; repeals all ordinances and parts of ordinances that conflict therewith. This ordinance shall perpetually include the most current edition of the Minnesota state building code with the exception of the optional appendix chapters. Optional appendix chapters shall not apply unless specifically adopted. The municipality does ordain as follows: 500.01. Codes adopted by reference . 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 exception of the optional chapters, unless specifically adopted in this ordnance. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out herein. 500.02. Application, Administration and Enforcement . The application, administration, and enforcement of the code shall be in accordance with Minnesota State Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 326B.121, Subd. 2(d), when so established by this ordinance. The code enforcement agency of this municipality is called the Building Inspector. 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, Subdivision 1. 500.03. Permits and Fees . The issuance of permits and the collection of fees shall be as authorized in Minnesota Rules Chapter 1300. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the municipality in i.e.: City Code #, Ordinance # etc. 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. 500.04. Violations and Penalties . A violation of the code is a misdemeanor (Minnesota Statutes 326B.082, Subd. 16). 500.041. Building Code Optional Chapters . 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: None Section 2. This Ordinance shall take effect and be in force from and after its passage and publication. 500.05 The Glencoe City Council will from time to time amend fee schedules for building permits by resolution. 501. Inconsistent provisions between the Code and the Uniform Building Code. Any provisions of Chapter Five of the Glencoe Code, Land Use Control, that are inconsistent with the Uniform Building Code shall be replaced with the applicable provisions of the Minnesota State Building Code. Chapter Five, Land Use Control, shall perpetually include the most current edition of the Minnesota State Building Code with the exception of the optional appendix chapters. The optional appendix chapters shall not apply unless specifically adopted by the City Council. Section 2: This ordinance shall take effect and be in force from and after its passage and publication. (Source: Ordinance No. 345 adopted November 17, 1986, amended January 1, 1987, amended by Ordinance No. 383 dated April 15, 1991; Sections 500.01, 500.02, 500.03, and 500.04 amended by Ordinance No. 416 approved June 5, 1995. Sections 500.01 through 500.04 amended by Ordinance No. 464 and approved May 1, 2000. Sections 500.01 through 500.04 amended by Ordinance No. 501 and approved January 20, 2004; Sections 500.01 and 500.05 amended by Ordinance No. 531 and approved February 5, 2007. Sections 500.01 through 500.04 amended by Ordinance 536 adopted August 20, 2007, Ordinance No. 589 repealing and replacing Sections 500.01 through 500.04 adopted September 21, 2015. Ordinance No. 593 adopted April 4, 2016 adding Section 501) 505 ZONING CODE 505 PURPOSE 505.01 Protecting and promoting the public health, safety, morals, comfort, convenience and general welfare. 505.02 Dividing the City into zones and districts restricting and regulating therein the location, construction, reconstruction, alteration and use of structures and land. 505.03 Promoting orderly development of the residential, business, industrial, recreational and public areas. 505.04 Providing adequate light, air and convenience of access to property. 505.05 Limiting congestion in the public right-of-way. 505.06 Preventing overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of buildings in relation to the land and buildings surrounding them. 505.07 Providing for the compatibility of different land uses and the most appropriate use of land throughout the City. 506 RULES AND DEFINITIONS 506.01 Rules. The language set forth in the text of this ordinance shall be interpreted in accordance with the following rules of construction. a. The singular number includes the plural, and the plural the singular. b. The present tense includes the past and the future tenses, and the future the present. c. The word "shall" is mandatory while the word "may" is permissive. d. The masculine gender includes the feminine and neuter. e. All measured distances shall be to the nearest integral foot. If a fraction is one-half (1/2) foot or less, the integral foot next below shall be taken. 507 DEFINITIONS The following words and terms, wherever they occur in this ordinance shall be interpreted as herein defined: 507.01 Accessory Use or Structure. The use or structure subordinate to the principal use or building on the same lot and serving a purpose customarily incidental thereto. 507.02 Agriculture Uses. Those uses commonly associated with the growing of produce on farms. These include: Field crop farming; fruit growing; tree, shrub, plant, or flower nursery without building; truck gardening; roadside stand for sale in season of products grown on premises, and livestock raising and feeding, but not including for farms, commercial animal feed lots and kennels. 507.03 Alley. A public right-of-way which affords secondary access to abutting property. 507.04 Apartment. A room or suite of rooms with cooking facilities available which is occupied as a residence by single family. Includes dwelling unit and efficiency unit. 507.05 Automobile Service Uses. Those uses catering to the motorist traveling along the highway. These include: auto laundry; eating establishments; motels (tourist courts); refreshment drive-ins; public garages; repair garages; seasonal produce stands; service stations, motor vehicle sales, trailer sales and rental, boat sales, rental services. 507.06 Auto-wrecking or Reduction Yard. An open space where three or more inoperative vehicles are stored which are not registered and which do not possess current state auto license. 507.07 Basement. A portion of a building located partially underground but having less than one- half (1/2) its floor to ceiling height below the average land grade. 507.08 Boarding Home (Rooming of Loading). A building containing lodging room accommodating, for compensation, three (3) or more persons, but not exceeding twelve (12), who are not of the keeper's family. Lodging may be provided with or without meals. 507.09 Building. Any structure which is built for the support, shelter or enclosures of persons, animals, chattels or movable property of any kind which is permanently affixed to the land. 507.10 Building Height. A distance to be measured from the mean ground level to the top of a flat roof, to the mean distance of the highest gable on a pitched or hip roof, to the deck line of a mansard roof, to the upper most point on all other roof types. 507.11 Business. Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation. 507.12 Collar. That portion of a building having more than one-half (1/2) of the floor to ceiling height below the average land grade. 507.13 Church. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. 507.14 City Plan. A set of maps, data, reports, documents and other material maintained by the Planning Commission which combine to form the General Development Plan of the City of Glencoe. 507.15 Club or Lodge. A club or lodge is a non-profit association of persons, who are bona fide members paying annual dues, use of premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises providing adequate dining room space and kitchen facilities are available. Serving of alcoholic beverages to members and their guests shall be allowed, providing such serving is secondary and incidental to the operation of the dining room for the purpose of serving food and meals and providing further that such serving of alcoholic beverages is in compliance with the applicable federal, state and municipal laws. 507.16 Commercial Recreation. Bowling alley, cart track, jump center, golf, pool hall, vehicle racing or amusement, dance hall, skating, tavern, theater, firearms range, boat rental, amusement rides, campgrounds, deer park, and similar uses.