Ordinance Number 05-25

ORDINANCE NUMBER 05-25

CAMPING ON PUBLIC PROPERTY

THE CITY COUNCIL OF THE CITY OF MOUNTAIN IRON, MINNESOTA DOES ORDAIN:

SECTION 1. PURPOSE. It is the purpose of this chapter to prevent the harm to public property caused by the activities of unlawful camping; unlawful storing of camp facilities; unlawful fires; littering; and altering or damaging the natural environment. Camping on public property – erecting and occupying camp facilities for the purpose of facilitating occupation, habitation, or residing in a location even temporarily, that is not designated as an area for camping creates dangerous public health, sanitation and safety concerns for the general public, city employees, and first responders. These activities foster unsanitary conditions, damage the natural environment and critical areas, and interfere with the rights of others to use public property for the purposes for which they were intended.

SECTION 2. DEFINITIONS.

(A) “Public property” means all property in which the city has a property interest (i.e., control, easement, lease, ownership, possessory interest, or rental), including parcels, tracts, forfeited properties, public lands for sale under city control, easements, and public rights-of-way. The term includes, without limitation, all parks, docks, piers, streets, sidewalks, trails, forests, open spaces, , the grounds around the city including but not limited to parking lots and structures, entryways, and storage areas, and any other property in which the city has a property interest of any type.

(B) “Camp facilities” include, but are not limited to, motor vehicles, trailers, tents, huts, temporary shelters, or other structures that evidence an intent to function as a temporary or permanent place of residence or to demarcate public property under circumstances that evidence an intent to take or hold possession or control of that public property as a person’s residence or tenancy, to the exclusion of others or other uses. “camp facilities” does not include “shelters” when used temporarily in a park for recreational play.

(C) “Camp” means to pitch, erect, construct or occupy facilities for the purpose of, or in such a way as will facilitate habitation, the occupation of or residing in a location.

SECTION 3. UNLAWFUL CAMPING ON PUBLIC PROPERTY.

(A) Unlawful camping. It shall be unlawful for any person to camp or store items on public property within the City of Mountain Iron, except as allowed at the public campground, West Two Rivers.

(B) Immediate Removal of Unlawful Camp. If an unlawful camp is on public property, the city may immediately remove any personal property, camp facilities, and all other property, contraband, pollutants, and waste. Law enforcement may order such person(s) to immediately leave the property where the violation is occurring. Failure to leave the property or returning to the property with intent to violate the camping ordinance can subject the person to prosecution and/or arrest for trespassing.

SECTION 4. VIOLATION. Any person who undertakes or allows any violation of this section shall be guilty of a misdemeanor.

SECTION 5. INCONSISTENT ORDINANCES. Any inconsistent ordinance or parts thereof are hereby repealed and replaced with the provision of this ordinance.

SECTION 6. CITY CODE. This ordinance shall be incorporated into the Mountain Iron City Code as Chapter 132 Camping on Public Property.

SECTION 7. EFFECTIVE DATE. This Ordinance becomes effective on the date of its publication, or upon the publication of a summary of the Ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to time.

DULY ADOPTED BY THE CITY COUNCIL THIS 7^th DAY OF JULY, 2025.

__________________________________

Mayor Peggy Anderson

Attested:

____________________________

City Administrator

Ordinance Number 04-25

ORDINANCE NUMBER 04-25

REGULATION CANNABIS BUSINESSES

THE CITY COUNCIL OF THE CITY OF MOUNTAIN IRON, MINNESOTA DOES ORDAIN:

SECTION 1. ADMINISTRATION

(A) Findings and Purpose. The City of Mountain Iron makes the following legislative ﬁndings:

(1) The purpose of this ordinance is to implement the provisions of Minnesota Statutes, chapter 342, which authorizes the City of Mountain Iron to protect the public health, safety, welfare of the City of Mountain Iron residents by regulating cannabis businesses within the legal boundaries of the City of Mountain Iron.

(2) The City of Mountain Iron ﬁnds and concludes that the proposed provisions are appropriate and lawful land use regulations for the City of Mountain Iron, that the proposed amendments will promote the community’s interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good.

(B) Authority & Jurisdiction. The City of Mountain Iron has the authority to adopt this ordinance pursuant to:

(1) Minn. Stat. 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses.

(2) Minn. Stat. 342.22, regarding the local registration and enforcement requirements of state-licensed cannabis retail businesses and lower-potency hemp edible retail businesses.

(3) Minn. Stat. 152.0263, Subd. 5, regarding the use of cannabis in public places.

(4) Minn. Stat. 462.357, regarding the authority of a local authority to adopt zoning ordinances.

(5) Ordinance shall be applicable to the legal boundaries of the City of Mountain Iron.

(C) Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be aﬀected thereby.

(D) Enforcement. The City Administrator is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements constitutes a misdemeanor and is punishable as deﬁned by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity listed in this ordinance.

(E) Deﬁnitions. Unless otherwise noted in this section, words and phrases contained in Minn. Stat. 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this ordinance.

(1) Cannabis Cultivation: A cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant. harvest cannabis ﬂower from mature plant, package and label immature plants and seedlings and cannabis ﬂower for sale to other cannabis businesses, transport cannabis ﬂower to a cannabis manufacturer located on the same premises, and perform other actions approved by the oﬃce.

(2) Cannabis Retail Businesses: A retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, excluding lower-potency hemp edible retailers.

(3) Cannabis Retailer: Any person, partnership, ﬁrm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form.

(4) Daycare: A location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child’s own home for gain or otherwise, on a regular basis, for any part of a 24-hour day.

(5) Lower-potency Hemp Edible: As deﬁned under Minn. Stat. 342.01 subd. 50.

(6) Oﬃce of Cannabis Management: Minnesota Oﬃce of Cannabis Management, referred to as “OCM” in this ordinance.

(7) Place of Public Accommodation: A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, oﬀered, sold, or otherwise made available to the public.

(8) Preliminary License Approval: OCM pre-approval for a cannabis business license for applicants who qualify under Minn. Stat. 342.17.

(9) Public Place: A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation.

(10) Residential Treatment Facility: As deﬁned under Minn. Stat. 245.462 subd. 23.

(11) Retail Registration: An approved registration issued by the City of Mountain Iron to a state- licensed cannabis retail business.

(12) School: A public school as deﬁned under Minn. Stat. 120A.05 or a nonpublic school that must meet the reporting requirements under Minn. Stat. 120A.24.

(13) State License: An approved license issued by the State of Minnesota’s Oﬃce of Cannabis Management to a cannabis retail business.

SECTION 2. REGISTRATION OF CANNABIS BUSINESSES

(A) Consent to registering of Cannabis Businesses

(1) No individual or entity may operate a state-licensed cannabis retail business within the City of Mountain Iron without ﬁrst registering with the City of Mountain Iron.

(2) Any state-licensed cannabis retail business that sells to a customer or patient without valid retail registration shall incur a civil penalty of up to $2,000 for each violation.

(3) Notwithstanding the foregoing provisions, the state shall not issue a license to any cannabis business to operate in Indian country, as deﬁned in United States Code, title 18, section 1151, of a Minnesota Tribal government without the consent of the Tribal government.

(4) Compliance Checks Prior to Retail Registration

(5) Prior to issuance of a cannabis retail business registration, the City of Mountain Iron shall conduct a preliminary compliance check to ensure compliance with local ordinances.

(6) Pursuant to Minn. Stat. 342, within 30 days of receiving a copy of a state license application from OCM, the City of Mountain Iron shall certify on a form provided by OCM whether a proposed cannabis retail business complies with local zoning ordinances and, if applicable, whether the proposed business complies with the state ﬁre code and building code.

(B) Registration & Application Procedure

(1) Fees.

(a) A registration fee, as established in the City of Mountain Iron’s fee schedule, shall be charged to applicants depending on the type of retail business license applied for.

(b) An initial retail registration fee shall not exceed $500 or half the amount of an initial state license fee under Minn. Stat. 342.11, whichever is less. The initial registration fee shall include the initial retail registration fee and the ﬁrst annual renewal fee.

(c) A renewal retail registration fee shall not exceed $500 or half the amount of a renewal state license fee under Minn. Stat. 342.11, whichever is less.

(d) A medical combination business operating an adult-use retail location may only be charged a single registration fee, not to exceed the lesser of a single retail registration fee, deﬁned under this section, of the adult-use retail business.

(2) Application Submittal. The City of Mountain Iron shall issue a retail registration to a state-licensed cannabis retail business that adheres to the requirements of Minn. Stat. 342.22.

(a) An applicant for a retail registration shall ﬁll out an application form, as provided by the City of Mountain Iron. Said form shall include, but is not limited to:

(i) Full name of the property owner and applicant;

(ii) Address, email address, and telephone number of the applicant;

(iii) The address and parcel ID for the property which the retail registration is sought;

(iiii) Certiﬁcation that the applicant complies with the requirements of local ordinances established pursuant to Minn. Stat. 342.13.

(b) The applicant shall include with the form:

(i) The registration fee as required in Section 2 (B)(1);

(ii) a copy of a valid state license or written notice of OCM license preapproval;

(c) Once an application is considered complete, the City Administrator shall inform the applicant as such, process the application fees, and forward the application to the City Council for approval or denial.

(d) The application fee shall be non-refundable once processed.

(3) Application Approval

(a) A state-licensed cannabis retail business application shall not be approved if the cannabis retail business would exceed the maximum number of registered cannabis retail businesses permitted under Section 2(F).

(b) A state-licensed cannabis retail business application shall not be approved or renewed if the applicant is unable to meet the requirements of this ordinance.

(c) A state-licensed cannabis retail business application that meets the requirements of this ordinance shall be approved.

(4) Annual Compliance Checks.

(a) The City of Mountain Iron shall complete at minimum one compliance check per calendar year of every cannabis business to assess if the business meets age veriﬁcation requirements, as required under Minn. Stat. 342.22 Subd. 4(b) and Minn. Stat. 342.24 and this Chapter.

(b) The City of Mountain Iron shall conduct at minimum one unannounced age veriﬁcation compliance check at least once per calendar year. Age veriﬁcation compliance checks shall involve persons at least 17 years of age but under the age of 21 who, with the prior written consent of a parent or guardian if the person is under the age of 18, attempt to purchase adult-use cannabis ﬂower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer products under the direct supervision of a law enforcement oﬃcer or an employee of the local unit of government.

(5) Location Change. If a state-licensed cannabis retail business seeks to move to a new location still within the legal boundaries of the City of Mountain Iron, it shall notify the City of Mountain Iron of the proposed location change, and submit necessary information to meet all the criteria in this paragraph.

(1) The City of Mountain Iron shall renew an annual registration of a state-licensed cannabis retail business at the same time OCM renews the cannabis retail business’ license.

(2) Renewal Fees. The City of Mountain Iron may charge a renewal fee for the registration starting at the second renewal, as established in the City of Mountain Iron’s fee schedule.

(3) Renewal Application. The application for renewal of a retail registration shall include, but is not limited to the items required under Section 2(A) of this Ordinance.

(D) Suspension of Registration

(1) When Suspension is Warranted. The City of Mountain Iron may suspend a cannabis retail business’s registration if it violates the ordinance of the City of Mountain Iron or poses an immediate threat to the health or safety of the public. The the City of Mountain Iron shall immediately notify the cannabis retail business in writing the grounds for the suspension.

(2) Notiﬁcation to OCM. The City of Mountain Iron shall immediately notify the OCM in writing the grounds for the suspension. OCM will provide the City of Mountain Iron and cannabis business retailer a response to the complaint within seven calendar days and perform any necessary inspections within 30 calendar days.

(3) Length of Suspension. The suspension of a cannabis retail business registration may be for up to 30 calendar days, unless OCM suspends the license for a longer period. The business may not make sales to customers if their registration is suspended.

(E) Civil Penalties. Subject to Minn. Stat. 342.22, subd. 5(e) the City of Mountain Iron may impose a civil penalty, as speciﬁed in the City of Mountain Iron’s Fee Schedule, for registration violations, not to exceed $2,000.

(F) Limiting of Registrations. The City of Mountain Iron shall limit the number of cannabis retail businesses to five.

SECTION 3. REQUIREMENTS FOR CANNABIS BUSINESSES

(A) Minimum Buﬀer Requirements

(1) The City of Mountain Iron shall prohibit the operation of a cannabis business within 500 feet of a school.

(2) The City of Mountain Iron shall prohibit the operation of a cannabis business within 500 feet of a day care.

(3) The City of Mountain Iron shall prohibit the operation of a cannabis business within500 feet of a residential treatment facility.

(4) The City of Mountain Iron shall prohibit the operation of a cannabis business within 500 feet of an attraction within a public park that is regularly used by minors, including a playground or athletic ﬁeld.

(5) Pursuant to Minn. Stat. 462.357 subd. 1e, nothing in Section 3.1 shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school/daycare/residential treatment facility/attraction within a public park that is regularly used by minors moves within the minimum buﬀer zone.

(B) Zoning and Land Use

(1) Cultivation. Cannabis businesses licensed or endorsed for cultivation are permitted in the following zoning districts:

Rural Residential

(2) Cannabis Manufacturer. Cannabis businesses licensed or endorsed for cannabis manufacturer are permitted in the following zoning districts:

Industrial

(3) Hemp Manufacturer. Businesses licensed or endorsed for low-potency hemp edible manufacturers are permitted in the following zoning districts:

Industrial

(4) Wholesale. Cannabis businesses licensed or endorsed for wholesale are permitted in the following zoning districts:

Industrial

(5) Cannabis businesses licensed or endorsed for cannabis retail are permitted in the following zoning districts:

Commercial

(6) Cannabis Transportation. Cannabis businesses licensed or endorsed for transportation are permitted in the following zoning districts:

Industrial

(7) Cannabis Delivery. Cannabis businesses licensed or endorsed for delivery are permitted in the following zoning districts:

Industrial
Commercial

(1) Monday-Saturday: 8 a.m.-2 a.m. the following day

(2) Sunday: 10 a.m.-2 a.m.

SECTION 4. TEMPORARY CANNABIS EVENTS

(A) License Required. A license or permit is required to be issued and approved by the City of Mountain Iron prior to holding a Temporary Cannabis Event.

(B) Registration & Application Procedure. A registration fee, as established in the City of Mountain Iron’s fee schedule, shall be charged to applicants for Temporary Cannabis Events.

(C) Application Submittal & Review. An applicant for a retail registration shall ﬁll out an application form, as provided by the City of Mountain Iron. Said form shall include, but is not limited to:

(1) Full name of the property owner and applicant;

(2) Address, email address, and telephone number of the applicant;

(3) The applicant shall include with the form:

(a) the application fee as required in Section 2(B)(2);

(b) a copy of the OCM cannabis event license application, submitted pursuant to 342.39 subd. 2.

(D) The application shall be submitted to the City of Mountain Iron, or other designee for review. If the designee determines that a submitted application is incomplete, they shall return the application to the applicant with the notice of deﬁciencies.

(E) Once an application is considered complete, the designee shall inform the applicant as such, process the application fees, and forward the application to the City Council for approval or denial.

(F) The application fee shall be non-refundable once processed.

(G) A request for a Temporary Cannabis Event that meets the requirements of this Section shall be approved.

(H) A request for a Temporary Cannabis Event that does not meet the requirements of this Section shall be denied. The City Council shall notify the applicant of the standards not met and basis for denial.

SECTION 4. VIOLATION. Any person who undertakes or allows any violation of this section shall be guilty of a misdemeanor.

SECTION 5. INCONSISTENT ORDINANCES. Any inconsistent ordinance or parts thereof are hereby repealed and replaced with the provision of this ordinance.

SECTION 6. CITY CODE. This ordinance shall be incorporated into the Mountain Iron City Code as Chapter 117 Cannabis.

DULY ADOPTED BY THE CITY COUNCIL THIS 7^th DAY OF JULY, 2025.

__________________________________

Mayor Peggy Anderson

Attested:

____________________________

City Administrator

Ordinance Number 03-25

ORDINANCE NUMBER 03-25

AN ORDINANCE CONCERNING THE REGISTRATION AND LICENSING OF SHORT-TERM VACATION RENTALS

THE CITY COUNCIL OF THE CITY OF MOUNTAIN IRON, MINNESOTA DOES ORDAIN:

SECTION 1. PURPOSE. The purpose of this ordinance is to ensure that the short-term rental of dwelling units within the City is conducted, operated, and maintained in R-1, R-2, R-2A, and R-3 Districts in a manner so as to protect the public health, safety, and welfare of the citizens of the City of Mountain Iron, and so as to not become a nuisance to the surrounding properties.

SECTION 2. DEFINITIONS. The following terms, as used in this Section, shall have the meanings stated:

“Dwelling.” Any building or portion thereof which is designed for or used for residential purposes.

“Dwelling unit.” Any room or group of rooms located within a dwelling and forming a single habitable unit equipped and intended to be used for living, sleeping, cooking, and eating.

“On-premise sign.” A sign erected, maintained or used in the outdoor environment for the purpose of the display of messages pertinent to the use of the property on which it is displayed.

“Operate.” To charge a rental charge for the use of a unit in a dwelling.

“Owner.” Any person who, alone or jointly or severally with others: Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, prime tenant, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Section, to the same extent as if such person were the owner.

“Person.” Any individual, firm, corporation, association or partnership.

“Short-term rental.” The rental or lease of a dwelling unit, in whole or in part, for less than thirty (30) days.

“Short-term rental license.” The license issued by the City for the rental or lease of a dwelling unit, in whole or in part, for thirty (30) days or less.

“Solid waste.” Garbage, refuse or any other discarded solid organic or inorganic materials.

“Tenant.” Any person who is occupying a dwelling unit in whole or in part under any agreement (written or oral), lease, or contract.

SECTION 3. REGISTRATION REQUIRED. No owner shall undertake the short-term rental of any dwelling unit to a tenant or tenants unless properly permitted by state, county, and any other governmental regulations, and as hereinafter provided, including, but not limited to, Minnesota Department of Health Lodging License.

SECTION 4. LICENSE APPLICATION. An owner desiring to undertake or allow the short-term rental of a dwelling unit in the City shall apply for a short-term rental license. The application shall be submitted by the owner. The registration application shall be on a form prescribed by the City and shall include all required information.

SECTION 5. APPLICATION FEE. Short-term rentals registration fee shall be set forth in the City’s fee schedule and may be adjusted from time-to-time by the City Council by formal resolution.

SECTION 6. LODGING TAX. Short-term rentals are subject to lodging tax as provided for in Section 110 of the Mountain Iron City Code. A short-term rental license holder is required to file monthly lodging tax reports to the State of Minnesota.

SECTION 7. EXPIRATION OF LICENSE. Short term rental licenses shall expire annually on December 31st of each year unless suspended or revoked as provided for in this chapter.

SECTION 8. RENEWAL OF LICENSE. Applications for renewal of an existing short-term rental license must be made at least sixty (60) days prior to the expiration of the current short-term rental license. All such applications shall be made to the City on forms provided by the City. lf the license holder does not offer the property for short-term rentals at least twice in a calendar year. then they are not eligible for renewal.

SECTION 9. NO VESTED RIGHT. Licenses granted hereunder constitute a revocable, limited right. Nothing herein shall be construed as granting a vested property right. No party shall have any expectancy of reissuance of any license after its annual expiration.

SECTION 10. CRITERIA FOR ISSUANCE. Prior to issuance of a Short-Term Rental License, the applicant shall ensure that the following criteria are met:

The proposed Short-Term Rental is located in a Residential Zoning District.
The proposed Short-Term Rental complies with all of the Performance standards and all applicable state and county regulations. Applicant must provide proof of registration and licensure with the Minnesota Department of Health Lodging License.
Applicant must secure a Conditional Use Permit from the City’s Planning & Zoning Commission

SECTION 11. LICENSED SHORT-TERM RENTALS. All licensed premises must be connected to an approved sewer and water system and must be current on all Mountain Iron utility services.

SECTION 12. LICENSE NOT TRANSFERABLE. No short-term rental license shall be transferable to another person or another dwelling unit. Every person holding a short-term rental license shall give notice in writing to the City within five (5) business days after having legally transferred or otherwise disposed of the legal control of any dwelling unit for which a short-term rental license has been issued. Such notice shall include the name and address of the person succeeding to the ownership or control of such dwelling unit.

SECTION 13. REGISTERED AGENT REQUIRED. No short-term rental license shall be issued without the designation of a local agent. The agent may, but is not required to be, the owner. One person may be the agent for multiple dwelling units. At all times, the agent shall have on file with the City a primary phone number as well as current address. The agent or a representative of the agent shall be available during all times that the dwelling unit is being rented as the primary number to respond immediately to complaints and contacts relating to the dwelling unit. The City shall be notified in writing within ten (I 0) business days of any change of agent. The agent shall be responsible for the activities of tenants and the maintenance and upkeep of the dwelling unit and shall be authorized and empowered to receive notice of a violation of the provisions of City ordinances and state law, to receive orders, and to institute remedial action to affect such orders, and to accept service of process pursuant to law.

SECTION 14. RESPONSIBILITY OF OWNERS. No owner shall undertake or allow the short-term rental of a dwelling unit that does not comply with all applicable City ordinances, the laws of the State of Minnesota, and this Section. It shall be the owner’s responsibility to ensure compliance with the following:

Maintenance Standards. Every dwelling unit used for sho1t-tenn rental shall conform to all building and zoning requirements of the City of Mountain Iron and laws of the State of Minnesota.
Parking. The site shall provide on-site parking sufficient to accommodate the occupants of the rental dwelling unit. No person shall, for the purpose of camping, lodging, or residing therein, leave or park a vehicle or motor vehicle on or within the limits of any road or on any road right-of-way.
Signs Prohibited.
Tenants. Owner or registered agents shall maintain a list of all current and prior tenants of each dwelling unit, including dates stayed at the dwelling units. The owner or registered agent shall make the list available to City staff and/or law enforcement upon request.
Emergency Contact. The owner shall post within the dwelling unit the name, address, email and primary and secondary telephone number of the owner or any registered agent that can be utilized by tenants or their guests.
Noise Standards. Quiet hours shall be between 10 p.m. and 7 a.m. Any outdoor amplifiedsound during this time that can be heard by neighboring property owners is prohibited.
Solid Waste. Owner shall ensure that appropriate solid waste and/or recycling bins are available for use by tenants and guests and shall not be stored in public view.
Posted Notice. Owner shall post within the dwelling unit, notice of all use restrictions as set forth in this Ordinance.
Maximum number of guests will be limited to two times the number of bedrooms, or sleeping areas, plus one.

SECTION 15. DISORDERLY CONDUCT PROHIBITED. Disorderly conduct is prohibited on all licensed premises. It shall be the responsibility of the owner to ensure that all tenants occupying the licensed premises and their guests conduct themselves in such a manner as not to cause the licensed premises to be disorderly. For purposes of this section, disorderly conduct refers to any disorderly conduct violation under Minnesota Statutes or City of Mountain Iron Ordinances.

SECTION 16. LICENSE REVOCATION. Every short-term rental license is subject to revocation for violations of this Section or any other provision of Minnesota or City of Mountain Iron Ordinances.

Violations. Violations of this Section shall be reported to the City Clerk’s Office. The City Administrator shall review the violation and provide written notice to the license holder of the violation and any necessary remedial actions.
Revocation. If a license holder fails to correct a violation or receives three (3) violations within any twelve (12) month period, the City Administrator shall recommend revocation of the short-term rental license to the City Council. The City Council and City Administrator shall provide written notice to the owner and any registered agent of the revocation. The notice shall inform the owner and agent of the right to appeal the decision to the Mountain Iron City Council.
Appeal. A license holder aggrieved by the revocation of a short-term rental license may appeal to the City Council. Such appeal shall be taken by filing with the City Clerk’s office within ten (10) days after date of issuance of the written revocation notice, a written statement requesting a hearing before the City Council and setting forth fully the grounds for the appeal. A hearing shall be held within thirty (30) days of receipt of the request. Notice of the hearing shall be given by the City Clerk’s Office in writing, setting forth the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the license holder at his/her last known.address at least five (5) days prior to the date set for hearing.
Effect of Revocation. If a short-term rental license is revoked, it shall be unlawful for anyone to thereafter allow any new short-term rental occupancies of the dwelling unit until such time as a valid short-term rental license is issued by the City. No person who has had a license revoked under this Section shall be issued a short-term rental license for one year from the date of revocation.

SECTION 17. VIOLATION. Any person who undertakes or allows any violation of this section shall be guilty of a misdemeanor.

SECTION 18. INCONSISTENT ORDINANCES. Any inconsistent ordinance or parts thereof are hereby repealed and replaced with the provision of this ordinance.

SECTION 19. CITY CODE. This ordinance shall be incorporated into the Mountain Iron City Code as Section 154.032(B) Short Term Vacation Rentals.

SECTION 20. EFFECTIVE DATE. This Ordinance becomes effective on the date of its publication, or upon the publication of a summary of the Ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to time.

DULY ADOPTED BY THE CITY COUNCIL THIS 19^th DAY OF MAY, 2025.

__________________________________

Mayor Peggy Anderson

Attested:

____________________________

City Administrator

Ordinance 01-25 Floodplain

ORDINANCE NUMBER 01-25

AMENDING CHAPTER 151 OF THE MOUNTAIN IRON CITY CODE

THE CITY OF MOUNTAIN IRON HEREBY ORDAINS:

SECTION 1 AMENDING CHAPTER 151. Chapter 151 of the Mountain Iron City Code is hereby repealed and replaced with the following:

CHAPTER 151: FLOOD PLAIN MANAGEMENT

Section

151.01 Statutory authorization and purpose

151.02 Definitions

151.03 Jurisdiction and Districts

151.04 Requirements for all Floodplain Districts

151.05 Floodway District

151.06 Floodway Fringe District

151.07 General Floodplain District

151.08 Subdivision Standards

151.09 Public and Private Utilities, Service Facilities, Roads, Bridges and Railroads

151.10 Manufactured Homes and Recreational Vehicles

151.11 Administration

151.12 Nonconformities

151.13 Violations and Penalties

151.14 Amendments

SECTION 151.01 STATUTORY AUTHORIZATION AND PURPOSE

(A) Statutory Authorization. This floodplain chapter is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F; Minnesota Rules, parts 6120.5000 – 6120.6200; the rules and regulations of the National Flood Insurance Program (NFIP) in 44 CFR § 59 to 78; and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.

(B) Purpose

(1) This chapter regulates development in the flood hazard areas of the City of Mountain Iron. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this chapter to promote the public health, safety, and general welfare by minimizing these losses and disruptions.

(2) This chapter is adopted in the public interest to promote sound land use practices, and floodplains are a land resource to be developed in a manner which will result in minimum loss of life and threat to health, and reduction of private and public economic loss caused by flooding.

(3) This chapter is adopted to maintain eligibility in the National Flood Insurance Program.

(4) This chapter is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.

(B) Abrogation and Greater Restrictions. It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. The standards in this chapter take precedence over any less restrictive, conflicting local laws, ordinances, or codes. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.

(C) Warning and Disclaimer of Liability. This chapter does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. Not all flood risk is mapped. Larger floods do occur and the flood height may be increased by man-made or natural causes, such as ice jams or bridge openings restricted by debris. This chapter does not create liability on the part of the City of Mountain Iron or its officers or employees for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(D) Severability. If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of law, the remainder of this chapter shall not be affected and shall remain in full force.

SECTION 151.02 DEFINITIONS. Unless specifically defined, words or phrases used in this chapter must be interpreted according to common usage and so as to give this chapter its most reasonable application.

ACCESSORY STRUCTURE. A structure, as defined in this chapter, that is on the same parcel of property as, and is incidental to, the principal structure or use; an accessory structure specifically excludes structures used for human habitation.

BASE FLOOD. The flood having a one-percent chance of being equaled or exceeded in any given year. “Base flood” is synonymous with the term “regional flood” used in Minnesota Rules, part 6120.5000.

BASE FLOOD ELEVATION (BFE). The elevation of the base flood, regional flood, or one-percent annual chance flood. The term “base flood elevation” is used in the flood insurance study.

BASEMENT. Any area of a structure, including crawl spaces, having its floor subgrade (below ground level) on all sides, regardless of the depth of excavation below ground level.

BUILDING. See Structure.

CHANNEL. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct flowing water either continuously or periodically.

CONDITIONAL USE. A land use or development that would not be appropriate generally, but may be allowed with appropriate restrictions upon a finding that certain conditions as detailed in the zoning ordinance exist, the use or development conforms to the comprehensive land use plan of the community, and the use is compatible with the existing neighborhood.

CRITICAL FACILITIES. Buildings and structures that contain essential facilities and services necessary for emergency response and recovery, or that pose a substantial risk to the public in the event of failure, disruption of function, or damage by flooding. Specifically, this includes facilities identified as Flood Design Class 4 in ASCE 24-14, Flood Resistant Design and Construction, as amended. Examples include health care facilities, facilities required for emergency response, power generating stations, communications towers, or electrical substations.

DEVELOPMENT. Any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

FEMA. Federal Emergency Management Agency.

FARM FENCE. An open type of fence of posts and horizontally run wire, further specified in Minnesota Statutes, section 344.02, Subd. 1(a-d).

FLOOD. A temporary rise in the stream flow or water surface elevation from any source that results in the inundation of normally dry land areas.

FLOOD FRINGE. The portion of the one-percent annual chance floodplain located outside of the floodway. This district shall be extended laterally to the 0.2-percent annual chance floodplain, where mapped.

FLOOD INSURANCE RATE MAP (FIRM). An official map on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

FLOOD INSURANCE STUDY (FIS). The study referenced in Section 151.03 (B), which is an examination, evaluation and determination of flood hazards, and if appropriate, corresponding surface elevations, or an examination, evaluation, and determination of mudslide (i.e. mudflow) and/or flood-related erosion hazards.

FLOODPLAIN. The beds, channel and the areas adjoining a wetland, lake or watercourse, or other source which have been or hereafter may be inundated by the base flood.

FLOODPROOFING. A combination of structural and non-structural additions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which must be reserved to carry or store the base flood discharge without cumulatively increasing the water surface elevation more than one-half foot.

GENERAL FLOODPLAIN. Those floodplains designated on the Flood Insurance Rate Maps referenced in Section 3.2, but that do not have a delineated floodway.

LIGHT DUTY TRUCK. Any motor vehicle that has all three of the following:

8,500 pounds Gross Vehicle Weight Rating or less;
vehicle curb weight of 6,000 pounds or less; and
basic vehicle frontal area less than 45 square feet.

LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR § 60.3.

MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include the term “recreational vehicle.”

NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of an adopted floodplain management regulation, and includes any subsequent improvements to such structures.

PRINCIPAL STRUCTURE. The main building or other structure on a lot that is utilized for the property’s principal use.

REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.

RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Those vehicles not meeting this definition shall be considered a structure for the purposes of this chapter. For the purposes of this chapter, the term recreational vehicle is synonymous with the term “travel trailer/travel vehicle.”

REGULATORY FLOOD PROTECTION ELEVATION (RFPE). An elevation that is one foot above the elevation of the base flood plus any increases in the water surface elevation caused by encroachments on the floodplain that result from designation of a floodway. These increases in water surface elevations are typically identified in the Floodway Data Tables, found in the Flood Insurance Study.

REPETITIVE LOSS. Flood related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.

SPECIAL FLOOD HAZARD AREA (SFHA). An area having special flood, mudslide (i.e., mudflow), or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, A99, AH, VO, V1-30, VE, V, M, or E.

STAGE INCREASE. Any increase in the water surface elevation during the one-percent annual chance flood caused by encroachments on the floodplain.

START OF CONSTRUCTION. Includes substantial improvement, and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE. A roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Recreational vehicles not considered travel ready, as detailed in Section 151.10(B)(2), shall also be considered a structure for the purposes of this chapter.

SUBDIVISION. Land that has been divided for the purpose of sale, rent, or lease, including planned unit developments.

SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” For the purpose of this chapter, “historic structure” is defined in 44 CFR § 59.1.

VARIANCE. “Variance” means the same as that defined in 44 CFR § 59.1 and Minnesota Statutes, Section 462.357, Subd. 6(2).

VIOLATION. “Violation” means the failure of a structure or other development to be fully compliant with the community’s flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation of until such time as that documentation is provided.

WATERCOURSE. A channel in which a flow of water occurs either continuously or intermittently in a definitive direction. The term applies to either natural or artificially constructed channels.

SECTION 151.03 JURISDICTION AND DISTRICTS

(A) Lands to Which Chapter Applies. This chapter applies to all lands within the jurisdiction of the City of Mountain Iron within the Special Flood Hazard Areas (SFHAs) identified on the Flood Insurance Rate maps identified in Section 151.03(B). Areas within the SFHA are within one of three districts: the Floodway, Flood Fringe, or General Floodplain.

(1) The Floodway, Flood Fringe or General Floodplain Districts are overlay districts. The standards imposed in the overlay districts are in addition to any other requirements. In case of a conflict, the more restrictive standards will apply.

(2) These regulations apply to all areas within the SFHA. If areas below the Base Flood Elevation (BFE) extend beyond the mapped SFHA based on actual field conditions, the Base Flood Elevation (BFE) shall be the governing factor in locating the outer boundaries of the one-percent annual chance floodplain and these regulations apply to the outer boundary of the one-percent annual chance floodplain.

Figure 1: The mapped floodplain may not always align with on-the-ground contour elevations.

(3) Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning and Zoning Commission and to submit technical evidence.

(B) Incorporation of Maps by Reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the official zoning map and this chapter. The attached material includes the Flood Insurance Study for St. Louis County, Minnesota, and Incorporated Areas, dated March 25, 2025, and the Flood Insurance Rate Map panel numbers 27137C1750E, 27137C1775E, 27137C2020E, 27137C2025E2, 27137C2040E, 27137C2045E, 27137C2050E2, 27137C2280E, 27137C2285E, 27137C2305E, 27137C2310E, all dated March 25, 2025, all prepared by the Federal Emergency Management Agency. These materials are on file in the City Hall.

(1) Floodway District. Those areas within Zone A determined to be located in the floodway based on the delineation methods in Section 151.07(D).

(2) Flood Fringe District. Those areas within Zone A determined to be located in the flood fringe based on the delineation methods in Section 151.07(D). This district shall be extended laterally to the 0.2-percent annual chance floodplain, where mapped.

(3) General Floodplain District. Those areas within Zone A that do not have a floodway delineated as shown on the Flood Insurance Rate Maps referenced in Section 151.03(B).

(D) Annexations. The Flood Insurance Rate Map panels referenced in Section 3.2 may include floodplain areas that lie outside of the corporate boundaries of the City of Mountain Iron at the time of adoption of this chapter. If any of these floodplain land areas are annexed into the City of Mountain Iron after the date of adoption of this chapter, the newly annexed floodplain lands will be subject to the provisions of this chapter immediately upon the date of annexation. Annexations into panels not referenced in Section 151.03(B) require chapter amendment in accordance with Section 151.14.

(E) Municipal Boundary Adjustments. The Flood Insurance Rate Map panels referenced in Section 151.03(B) apply countywide. If at any point any lands come under the jurisdiction of another local government, the following shall apply:

(1) City adjustments of corporate boundaries, including but not limited to annexations and detachments, shall shift floodplain administrative authority of all affected lands immediately upon the date of the boundary adjustment occurring. Cities retain jurisdiction for all incorporated lands, and the County retains jurisdiction under this chapter on all unincorporated lands.

SECTION 151.04 REQUIREMENTS FOR ALL FLOODPLAIN DISTRICTS

(A) Permit Required. A permit must be obtained from the Zoning Administrator to verify compliance with all applicable standards outlined in this chapter prior to the following uses or activities:

(1) The erection, addition, modification, maintenance, rehabilitation, repair, or alteration of any building, structure, or portion thereof. Normal maintenance requires a permit to determine if such work, either separately or in conjunction with other planned work, constitutes a substantial improvement, as specified in Section 151.12(M).

(2) The construction of a fence, pool, deck, or placement of anything that may cause a potential obstruction. Farm fences, as defined in Section 151.02 of this Chapter, are not considered to be an obstruction, and as such, do not require a permit.

(3) The change or expansion of a nonconforming use.

(4) The repair of a structure that has been damaged by flood, fire, tornado, or any other source.

(5) The placement of fill, excavation, utilities, on-site sewage treatment systems, or other service facilities.

(6) The storage of materials or equipment, in conformance with Section 151.04(B)(2).

(7) Relocation or alteration of a watercourse (including stabilization projects or the construction of new or replacement dams, culverts and bridges). A local permit is not required if a public waters work permit has been obtained from the Department of Natural Resources, unless a significant area above the ordinary high water level is also to be disturbed.

(8) Any other type of “development,” as defined in Section 151.02 of this chapter.

(B) Minimum Development Standards

(1) All development must:

(a) Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(b) Be constructed with materials and equipment resistant to flood damage;

(d) Be constructed with heating, ventilation, duct work, and air conditioning equipment and other service facilities elevated at least up to the Regulatory Flood Protection Elevation (RFPE). Water, sewage, electrical, and other utility lines below the RFPE shall be constructed so as to prevent water from entering or accumulating within them during conditions of flooding;

(e) Be reasonably safe from flooding and consistent with the need to minimize flood damage;

(f) Be assured to provide adequate drainage to reduce exposure to flood hazards;

(g) Not be detrimental to uses in adjoining areas; and

(h) Not adversely affect the efficiency or restrict the flood carrying capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.

(i) Ensure that any fill or other materials are protected from erosion, discharge, and sediment entering surface waters by the use of vegetative cover or other methods as soon as possible.

(2) Materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life shall be stored at or above the Regulatory Flood Protection Elevation (RFPE), floodproofed, or protected by other measures as approved by the Zoning Administrator. Storage of materials likely to cause pollution of the waters, such as sewage; sand; rock; wrecked and discarded equipment; dredged spoil; municipal, agricultural or industrial waste; and other wastes as further defined in Minnesota Statutes, Section 115.01, are prohibited unless adequate safeguards approved by the Minnesota Pollution Control Agency are provided. For projects not requiring approvals by the Minnesota Pollution Control Agency, adequate safeguards must be approved by the Zoning Administrator prior to issuance of a permit.

(3) Critical facilities shall be located so that the lowest floor is not less than two feet above the Base Flood Elevation (BFE), or the 0.2% annual chance flood elevation, whichever is higher.

SECTION 151.05 FLOODWAY DISTRICT

(A) Permitted Uses in Floodway. Development allowed in the floodway district is limited to that which has low flood damage potential and will not obstruct flood flows, increase velocities, or increase the water surface elevations of the one-percent annual chance flood. The following uses and activities may be allowed with a permit, subject to the standards in Section 101.05(B):

(1) Agricultural uses, recreational uses, parking lots, loading areas, airport landing strips, water control structures, navigational facilities, as well as public open space uses.

(2) Roads, driveways, railroads, trails, bridges, and culverts.

(3) Public utility facilities and water-oriented industries which must be in or adjacent to watercourses.

(4) Grading, filling, land alterations, and shoreline stabilization projects.

(5) No structures, as defined in Section 151.02, are allowed in the Floodway District, except structures accessory to the uses detailed in Sections 151.05(A)(1) and 151.0(C)(1), which require a CUP under Section 151.05(C)(2).

(6) Levees or dikes intended to protect agricultural crops, provided the top of the dike does not exceed the 10-percent annual chance flood event.

(B) Standards for Permitted Uses in Floodway. In addition to the applicable standards detailed in Section 151.04:

(1) The applicant must demonstrate that the development will not result in any of the following during the one-percent annual chance flood: cause a stage increase of 0.00 feet or greater, obstruct flood flows, or increase velocities. This shall be demonstrated through hydrologic and hydraulic analysis performed by a professional engineer, or using other standard engineering practices (e.g. projects that restore the site to the previous cross-sectional area). This is commonly documented through a “no-rise certification.”

(2) Any development that would result in a stage increases greater than 0.00 feet may only be allowed with a permit if the applicant has applied for a Conditional Letter of Map Revision (CLOMR) in accordance with 44 CFR § 65.12, and FEMA has issued the CLOMR. Map revisions must follow the procedures in Sections 11.15 and 14.0.

(3) Any development resulting in decreases to the water surface elevation of the base flood identified in the Flood Insurance Study requires a Letter of Map Revision (LOMR) following the procedures in Sections 151.11(A)(5) and 151.14.

(4) Any development in the beds of public waters that will change the course, current or cross section is required to obtain a public waters work permit in accordance with Minnesota Statutes, section 103G.245 or a utility crossing license in accordance with Minnesota Statutes, section 84.415, from the Department of Natural Resources, or demonstrate that no permit is required, before applying for a local permit.

(5) Any facility used by employees or the general public must be designed with a flood warning system acceptable to the Zoning Administrator that provides adequate time for evacuation, or be designed to ensure that within the area inundated during the base flood event, the depth (in feet) multiplied by the velocity (in feet per second) is less than four.

(6) Fill and other land alteration activities must offer minimal obstruction to the flow of flood waters, and be protected from erosion and sediment entering surface waters by the use of vegetative cover, riprap or other methods as soon as possible.

(C) Conditional Uses in Floodway. The following uses and activities may be permitted as conditional uses, subject to the standards detailed in Sections 151.05(D):

(1) Commercial extractive uses, and storage and stockpiling yards.

(2) Structures accessory to uses detailed in Sections 151.05(A)(1) and 151.05(C)(1).

(D) Standards for Conditional Uses in Floodway. In addition to the applicable standards detailed in Sections 151.04, 151.05(B) and 151.11(B):

(1) Extractive uses and storage of materials require the completion of a site development and restoration plan, to be approved by the City of Mountain Iron.

(2) Accessory Structures. Structures accessory to the uses detailed in Sections 151.05(A)(1) and 151.05(C)(1) must be constructed and placed so as to offer a minimal obstruction to the flow of flood waters, and are subject to the standards in Section 151.06(B)(3) of this Chapter.

SECTION 151.06 FLOOD FRINGE DISTRICT

(A) Permitted Uses in Flood Fringe. Any uses or activities allowed in any applicable underlying zoning districts may be allowed with a permit, subject to the standards set forth in Sections 151.06(B).

(B) Standards for Permitted Uses in Flood Fringe. In addition to the applicable standards detailed in Section 151.04:

(1) Residential Structures.

(a) Elevation on Fill. Structures erected, constructed, reconstructed, altered, or moved on fill within the Flood Fringe District shall be placed so that the lowest floor, as defined in Section 2.0 of this chapter, is elevated at or above the Regulatory Flood Protection Elevation (RFPE). The finished fill elevation shall be at or above the elevation associated with the base flood plus any stage increases that result from designation of a floodway. Fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. Elevations must be certified by a registered professional engineer, land surveyor or other qualified person designated by the Zoning Administrator. Elevation methods alternative to these fill standards are subject to a Conditional Use Permit, as provided in Section 6.31 of this chapter (Figure 2). Construction of this type shall only be permitted in locations where the natural ground is no lower than three feet below the base flood elevation.

Figure 2: Overview of fill standards for residential structures.

(2) Nonresidential Structures. Nonresidential structures must meet one of the following construction methods:

(a) Elevation on Fill. Structures may be elevated on fill, meeting the standards in Section 151.06(B)(1)(a) of this chapter. Fill for nonresidential structures is not required to be extended 15 feet beyond the outside limits of the structure.

(b) Alternative Elevation Methods. Structures may be elevated using methods alternative to the fill standards in Section 151.06(B)(1)(a) of this chapter. Such methods include the use of blocks, pilings (Figure 3), filled stem walls (Figure 4), or internally-flooded enclosed areas (Figure 5) such as crawl spaces, attached garages, or tuck under garages.

Fig. 3: Blocks or pilings. Fig. 4: Filled stem walls. Fig. 5: Internally flooded enclosed area.

Designs accommodating for internally-flooded enclosed areas must be certified by a registered professional engineer or architect, or meet or exceed the standards detailed in FEMA Technical Bulletin 1, as amended, as well as the following standards:

(i) The lowest floor, as defined in Section 2.0 of this chapter, shall be elevated at or above the Regulatory Flood Protection Elevation (RFPE).

(ii) The floor of the enclosed area must be at or above the exterior grade on at least one side of the structure.

(iii) To allow for the equalization of hydrostatic pressure, there shall be a minimum of two openings below the base flood elevation on at least two sides of the structure. The bottom of all openings shall be no higher than one foot above grade. The openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, have a net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention.

(iiii) Internally flooded enclosed areas shall only be used for the parking of vehicles, building access, or storage. Bathrooms and toilet rooms shall not be allowed. Such areas shall be subject to a deed-restricted non-conversion agreement as well as periodic inspections with the issuance of any permit.

(c) Dry Floodproofing. Structures having watertight enclosed basements or spaces below the Regulatory Flood Protection Elevation (RFPE) must meet the following standards:

(i) Walls must be substantially impermeable to the passage of water, with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, at least up to the Regulatory Flood Protection Elevation (RFPE);

(ii) Must meet the standards of FEMA Technical Bulletin 3, as amended; and

(iii) A registered professional engineer or architect shall be required to certify that the design and methods of construction meet the standards detailed in this Section.

(3) Accessory Structures. All accessory structures must meet the following standards:

(a) Structures shall not be designed or used for human habitation.

(b) Structures will have a low flood damage potential.

(c) Structures shall constitute a minimal investment not to exceed 576 square feet in size, one-story in height, and shall only be used for parking and storage, except as provided under Section 151.06(B)(3)(e). Structures not meeting the standards of Sections 151.06(B)(3)(a)-(c) must be designed and constructed in accordance with floodplain management requirements based on whether the structure is residential or nonresidential. Residential structures must meet the requirements of Section 151.06(B)(1), and nonresidential structures must meet the requirements of Section 151.06(B)(2).

(d) Structures with two or more rigid walls, must meet one of the following construction methods:

(i) Wet Floodproofing. Structures may be floodproofed in a way to accommodate internal flooding. To allow for the equalization of hydrostatic pressure, there shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention. Portions of structures below the RFPE must be constructed of flood damage-resistant materials. Utilities must be elevated above the RFPE and any utility lines below the RFPE shall be constructed so as to prevent floodwaters from entering or accumulating within them. Wet floodproofed structures must be anchored to resist flotation, collapse, and lateral movement.

(ii) Elevation on Fill. Structures may be elevated on fill, meeting the standards in Section 151.06(B)(1)(a) of this chapter. Fill is not required to be extended 15 feet beyond the outside limits of the structure.

(iii) Alternative Elevation Methods. Structures may have their lowest floor elevated above the Regulatory Flood Protection Elevation (RFPE) through methods alternative to the fill standards in Section 151.06(B)(3)(d)(ii), and must meet the standards in Section 151.06(B)(2)(b) of this chapter.

(iiii) Dry Floodproofing. Structures may be dry-floodproofed, or watertight, meeting the standards in Section 151.066(B)(2)(c) of this Chapter.

(e) Structures with fewer than two rigid walls, such as carports, gazebos, and picnic pavilions, meeting the standards in Section 151.04(B)(1) of this chapter may be located at an elevation below the Regulatory Flood Protection Elevation, exceed 576 square feet in size, and may include uses as provided under Section 151.06(A).

(4) All new principal structures must provide vehicular access no lower than one foot below the Base Flood Elevation (BFE), unless a flood warning/emergency evacuation plan has been approved by the City of Mountain Iron.

(5) Any facilities used by employees or the general public must be designed with a flood warning system acceptable to the City of Mountain Iron that provides adequate time for evacuation, or be designed to ensure that within the area inundated during the base flood event, the depth (in feet) multiplied by the velocity (in feet per second) is less than four.

(6) Manufactured homes and recreational vehicles must meet the standards of Section 10 of this chapter.

(C) Conditional Uses in Flood Fringe. The following uses and activities may be permitted as conditional uses, subject to the standards in Sections 151.06(D):

(1) Alternative Elevation Methods – Residential Structures. Residential structures with their lowest floor elevated above the Regulatory Flood Protection Elevation (RFPE) using methods alternative to the fill requirements in Section 151.06(B)(1).

(D) Standards for Conditional Uses in Flood Fringe. In addition to the applicable standards detailed in Sections 151.04, 151.06(B) and 151.11(B):

(1) All residential structures with lowest floors elevated through alternative elevation methods must meet the standards in Section 151.06(B)(2)(b) of this Chapter.

SECTION 151.07 GENERAL FLOODPLAIN DISTRICT

(A) Permitted Uses in General Floodplain District

(1) Until the floodway is delineated, allowable uses will be restricted to those listed in the Floodway District, Section 5.0

(2) All other uses are subject to a floodway/flood fringe determination as provided in Section 101.07(D), in addition to the standards provided in Sections 151.07(B) and 151.07(C). Permitted uses shall be determined as follows:

(a) If the development is determined to be in the Floodway District, Section 151.05 applies.

(b) If the development is determined to be in the Flood Fringe District, Section 151.06 applies.

(B) Determining Flood Elevations

(1) All development requires a determination of the Base Flood Elevation (BFE). Proposed developments of more than 50 lots or 5 acres, whichever is lesser, must use detailed methods for determining the BFE. This may include use of supporting A Zone modeling and the “shoreland method,” when eligible, on lakes. Exceptions to this requirement include projects that restore the site to the previous cross-sectional area, such as shore stabilization or culvert replacement projects. Base Flood Elevations (BFE) may be found using best available data from any Federal, State, or other source (including MNDNR’s Lake & Flood Elevations Online (LFEO) Viewer).

(2) The Regulatory Flood Protection Elevation (RFPE) can be determined by assuming a one-half (0.5) foot stage increase to accommodate for future cumulative impacts. A stage increase does not need to be assumed along lakes, wetlands, and other basins that are not affected by velocities.

(1) Encroachments due to development may not allow stage increases more than one-half (0.5) foot at any point, unless through a map revision following the procedures in Sections 151.11(A)(5) and 151.14. This evaluation must include the cumulative effects of previous encroachments, and must be documented with hydrologic and hydraulic analysis performed by a professional engineer, or using other standard engineering practices. A lesser water surface elevation increase than one-half (0.5) foot is required if, due to the water surface level increase, increased flood damages would potentially result.

(2) Alterations or changes that result in stage decreases are allowed and encouraged.

(D) Standards for the Analysis of Floodway Boundaries

(1) Requirements for Detailed Studies. Any development, as requested by the Zoning Administrator, shall be subject to a detailed study to determine the Regulatory Flood Protection Elevation (RFPE) and the limits of the Floodway District. This determination must be consistent with the minimum standards for hydrologic and hydraulic mapping standards and techniques, as detailed in Minnesota Rules, part 6120.5600, Subp. 4 and FEMA Guidelines and Standards for Flood Risk Analysis and Mapping, as revised. Additionally:

(a) A regulatory floodway necessary to carry the discharge of the one-percent annual chance flood must be selected without increasing the water surface elevation more than one-half (0.5) foot at any point. This determination should include the cumulative effects of previous encroachments. A lesser water surface elevation increase than one-half (0.5) foot is required if, due to the water surface level increase, increased flood damages would potentially result; and

(b) An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries, unless topography, existing development patterns, and comprehensive land use plans justify a modified approach, as approved by the Department of Natural Resources.

(2) Other Acceptable Methods. For areas where a detailed study is not available or required:

(a) Development prohibited in floodways (e.g. most buildings) requires a floodway/flood fringe determination to verify the development is within the flood fringe. This determination must be done by a professional engineer or utilize other accepted engineering practices. The Department of Natural Resources may also provide technical assistance and must approve any alternative methods used to determine floodway boundaries.

(b) For areas where the floodway has not been determined in and along lakes, wetlands, and other basins, the following methodology may be used as an alternative to Item A above, provided these areas are not affected by velocities and the lot is able to accommodate a building site above the Regulatory Flood Protection Elevation (RFPE):

(i) All areas that are at or below the ordinary high water level, as defined in Minnesota Statutes, section 103G.005, Subd. 14, will be considered floodway, and all areas below the Base Flood Elevation (BFE) but above the ordinary high water level will be considered flood fringe, provided that within 25 feet of the ordinary high water level, or within the Shore Impact Zone as identified in the community’s Shoreland ordinance, whichever distance is greater, land alterations shall be restricted to:

(x) The minimum required to accommodate beach areas, access areas, and accessory structures as permitted, not to exceed a volume greater than 10 cubic yards; projects involving volumes exceeding 10 cubic yards require floodway/flood fringe determination in accordance with the procedures in Section 151.07(D)(2)(a); and

(xx) The minimum required to accommodate shoreline stabilization projects to correct an identified erosion problem as verified by a qualified resource agency or the zoning administrator.

SECTION 151.08 SUBDIVISION STANDARDS

(A) Subdivisions. All subdivided land must meet the following requirements. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this chapter.

(1) All lots within floodplain districts must be suitable for a building site outside of the Floodway District.

(2) Subdivision of lands within the floodplain districts may not be approved if the cost of providing governmental services would impose an unreasonable economic burden on the City of Mountain Iron.

(3) All subdivisions must have vehicular access both to the subdivision and to the individual building sites no lower than two feet below the Regulatory Flood Protection Elevation (RFPE), unless a flood warning/emergency evacuation plan has been approved by the City of Mountain Iron.

(4) The Floodway and Flood Fringe District boundaries, the Regulatory Flood Protection Elevation (RFPE) and the required elevation of all access roads must be clearly identified on all required subdivision drawings and platting documents.

SECTION 151.09 PUBLIC AND PRIVATE UTILITIES, SERVICE FACILITES, ROADS, BRIDGES, AND RAILROADS

(A) Public Transportation Facilities. Railroad tracks, roads, and bridges must be elevated to the Regulatory Flood Protection Elevation (RFPE) where such facilities are essential to the orderly functioning of the area, or where failure or interruption would result in danger to public health or safety. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. All public transportation facilities should be designed to minimize increases in flood elevations.

(B) Public Utilities. All utilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be elevated and/or floodproofed to the Regulatory Flood Protection Elevation (RFPE), be located and constructed to minimize or eliminate flood damage, and be designed to eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. All public utilities should be designed to minimize increases in flood elevations. New solid waste management facilities, as defined in Minnesota Rules, part 7035.0300, are prohibited in the one-percent annual chance floodplain. Water supply systems are subject to the provisions in Minnesota Rules, part 4725.4350.

(C) Private On-Site Water Supply, Individual Sewage Treatment Systems, and other Service Facilities. Private facilities shall be subject to applicable provisions detailed in Section 151.09(B). In addition, new or replacement on-site sewage treatment systems are to be located to avoid impairment to them or contamination from them during times of flooding, shall not be located in a designated floodway, and are subject to the provisions in Minnesota Rules, parts 7080.2270.

SECTION 151.10 MANUFACTURED HOMES AND RECREATIONAL VEHICLES

(A) Manufactured Homes. Manufactured homes and manufactured home parks are subject to applicable standards for each floodplain district. In addition:

(1) New and replacement manufactured homes must be placed and elevated in compliance with Section 6.0 of this chapter and must be securely anchored to a system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

(2) New manufactured home parks and expansions to existing manufactured home parks must meet the appropriate standards for subdivisions in Section 8.0 of this chapter.

(B) Recreational Vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Recreational vehicles placed in existing recreational vehicle parks, campgrounds or lots of record in the floodplain must either:

(1) Meet the requirements for manufactured homes in Section 151.10(A), or

(2) Be travel ready, meeting the following criteria:

(a) The vehicle must be fully licensed.

(b) The vehicle must be ready for highway use, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities.

(d) Accessory structures may be permitted in the Flood Fringe District, provided they do not hinder the removal of the vehicle should flooding occur, and meet the standards outlined in Sections 151.04 and 151.06(B)(3).

SECTION 151.11 ADMINISTRATION

(A) Duties. A Zoning Administrator or other official must administer and enforce this chapter.

(1) Permit Application Requirements. Permit applications must be submitted to the Zoning Administrator. The permit application must include the following, as applicable:

(a). A site plan showing all existing or proposed buildings, structures, service facilities, potential obstructions, and pertinent design features having an influence on the permit.

(b) Location and detail of grading, fill, or storage of materials.

(d) Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.

(2) Recordkeeping. The Zoning Administrator must maintain applicable records in perpetuity documenting:

(a) All certifications for dry floodproofing and alternative elevation methods, where applicable.

(b) Analysis of no-rise in the Floodway District, as detailed in Section 5.21, and encroachment analysis ensuring no more than one-half foot of rise in the General Floodplain District, as detailed in Sections 151.07(B)(2) and 151.07(C)(1).

(c) Final elevations, as applicable, detailing the elevation to which structures and improvements to structures are constructed or floodproofed. Elevations shall be determined by an engineer, architect, surveyor or other qualified individual, as approved by the Zoning Administrator.

(d) Substantial damage and substantial improvement determinations, as detailed in Section 151.12(A)(3), including the cost of improvements, repairs, and market value.

(e) All variance actions, including justification for their issuance, and must report such variances as requested by the Federal Emergency Management Agency.

(3) Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the finished fill and building floor elevations or other flood protection measures are in compliance with the requirements of this chapter.

(4) Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters in accordance with Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to FEMA.

(5) Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. Where physical changes affecting flooding conditions may increase or decrease the water surface elevation of the base flood, the City of Mountain Iron must notify FEMA of the changes in order to obtain a Letter of Map Revision (LOMR), by submitting a copy of the relevant technical or scientific data as soon as practicable, but no later than six months after the date such supporting information becomes available. Within the General Floodplain District, a map revision is only required if development results in stage increases greater than 0.5 feet.

(B) Conditional Uses and Variances

(1) Process.

(a) An application for a conditional use permit will be processed and reviewed in accordance with the provisions of this Chapter.

(b) An application for a variance to the provisions of this chapter will be processed and reviewed in accordance with Minnesota Statutes, Section 462.357, Subd. 6(2) and this Chapter.

(2) Additional Variance Criteria. The following additional variance criteria must be satisfied:

(a) Variances must not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

(b) Variances from the provisions of this chapter may only be issued by a community upon:

(i) A showing of good and sufficient cause;

(ii) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(iii) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(c) Variances from the provisions in this chapter may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(d) Variances must be consistent with the general purpose of these standards and the intent of applicable provisions in state and federal law.

(e) Variances may be used to modify permissible methods of flood protection, but no variance shall permit a lesser degree of flood protection than the Regulatory Flood Protection Elevation (RFPE).

(f) The Zoning Administrator must notify the applicant for a variance in writing that:

(i) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

(ii) Such construction below the base flood level increases risks to life and property. Notification must be maintained with a record of all variance actions.

(3) Considerations for Approval. The City of Mountain Iron must consider all relevant factors specified in other sections of this chapter in granting variances and conditional use permits, including the following:

(a) The potential danger to life and property due to increased flood heights or velocities caused by encroachments.

(b) The danger that materials may be swept onto other lands or downstream to the injury of others.

(4) Conditions of Approval. The City of Mountain Iron may attach such conditions to the granting of variances and conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:

(a) Limitations on period of use, occupancy, and operation.

(b) Imposition of operational controls, sureties, and deed restrictions.

(d) Other conditions as deemed appropriate by the Zoning Administrator and Planning and Zoning Commission.

(1) All notices of public hearings to consider variances or conditional uses under this chapter must be sent via electronic mail to the Department of Natural Resources respective area hydrologist at least ten (10) days before the hearings. Notices of hearings to consider subdivisions/plats must include copies of the subdivision/plat.

(2) A copy of all decisions granting variances and conditional uses under this chapter must be sent via electronic mail to the Department of Natural Resources respective area hydrologist within ten (10) days of final action.

SECTION 151.12 NONCONFORMITIES

(A) Continuance of Nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this chapter, but which is not in conformity with the provisions of this chapter, may be continued subject to the following conditions:

(1) Within the floodway and general floodplain districts (when a site has been determined to be located in the floodway following the procedures in Section 151.07(C), or when the floodway has not been delineated), any expansion or enlargement of uses or structures is prohibited.

(2) Within all districts, any addition, modification, rehabilitation, repair, or alteration shall be in conformance with the provisions of this chapter, shall not increase the flood damage potential or increase the degree of obstruction to flood flows, and where applicable, must be protected to the Regulatory Flood Protection Elevation (RFPE).

(3) If any nonconforming structure is determined to be substantially damaged or substantially improved based on the procedures in Section 151.12(B), it may not be reconstructed except in conformity with the provisions of this chapter. Any structures located outside the one-percent annual chance floodplain are exempt from this provision.

(4) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this chapter.

(5) If any nonconforming structure has utilities, electrical, or mechanical equipment damaged due to flooding, it must be rebuilt in conformance with the elevation requirements in Section 151.04(B)(1)(d) to the greatest extent practicable. This requirement shall apply regardless of the determinations made in Section 151.12(B).

(B) Substantial Improvement and Substantial Damage Determinations. Prior to issuing any permits for additions, modifications, rehabilitations, repairs, alterations, or maintenance to nonconforming structures, the Zoning Administrator is required to determine if such work constitutes substantial improvement or repair of a substantially damaged structure. A determination must be made in accordance with the following procedures:

(1) Estimate the market value of the structure. In the case of repairs, the market value of the structure shall be the market value before the damage occurred and before any restoration or repairs are made.

(2) Estimate the cost of the project. The property owner shall accommodate for inspection, and furnish other documentation needed by the zoning administrator to evaluate costs.

(a) Improvement costs shall be comprised of the market rate of all materials and labor, as well as the costs of all ordinary maintenance and upkeep carried out over the past one year.

(b) Costs to repair damages shall be comprised of the market rate of all materials and labor required to restore a building to its pre-damaged condition regardless of the work proposed, as well as associated improvement costs if structure is being restored beyond its pre-damaged condition.

(3) Compare the cost of the improvement, repairs, or combination thereof to the estimated market value of the structure , and determine whether the proposed work constitutes substantial improvement or repair of a substantially damaged structure, as defined in Section 151.02 of this Chapter.

(a) For the purposes of determining whether the proposed work would constitute substantial improvement, the evaluation shall also include all rehabilitations, additions, or other improvements completed since the community has adopted floodplain standards impacting this structure.

(b) If any nonconforming structure experiences a repetitive loss, as defined in Section 151.02 of this Chapter, it shall be considered substantially damaged and must not be reconstructed except in conformity with the provisions of this chapter.

(4) Based on this determination, the zoning administrator shall prepare a determination letter and notify the property owner accordingly. Structures determined to be substantially damaged or substantially improved may not be reconstructed except in conformity with the provisions of this chapter.

SECTION 151.13 VIOLATIONS AND PENALTIES

(A) Uses in Violation of the Chapter. Every structure, fill, deposit, or other use placed or maintained in the floodplain in violation of this chapter shall be considered a public nuisance.

(B) Civil Remedies. The creation of a public nuisance may be enjoined and the maintenance of a public nuisance under this chapter may be abated by an action brought by the City of Mountain Iron or the Department of Natural Resources.

(C) Enforcement. Violations of the provisions of this chapter constitutes a misdemeanor and is punishable as defined by law. The Zoning Administrator may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance. The City of Mountain Iron must act in good faith to enforce these official controls and to correct chapter violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.

SECTION 151.14 AMENDMENTS

(A) Chapter Amendments. Any revisions to the floodplain maps by the Federal Emergency Management Agency or annexations of new map panels require an ordinance amendment to update the map references in Section 151.3(B) of this Chapter.

(B) Required Approval. All amendments to this chapter must be submitted to the Department of Natural Resources for review and approval prior to adoption, for compliance with state and federal rules and requirements. The floodplain chapter shall not be considered valid until approved.

Section 2. Inconsistent Ordinances. All Ordinances or portions thereof inconsistent with this Ordinance shall be repealed and replaced with the provisions of this Ordinance.

Section 3. Effective Date. This Ordinance shall be effective in accordance with State Statute.

DULY ADOPTED BY THE CITY COUNCIL THIS 3^rd DAY OF MARCH, 2025.

______________________________

Mayor Peggy Anderson

ATTEST:

_______________________________

City Administrator

Ordinance Number 02-25

ORDINANCE NUMBER 02-25

AMENDING CHAPTER 31 OF THE MOUNTAIN IRON CITY CODE

THE CITY COUNCIL OF THE CITY OF MOUNTAIN IRON, MINNESOTA DOES ORDAIN:

SECTION 1. AMENDMENTS. The text of Chapter 31 of the City Code is hereby repealed in its entirety and replaced with the following:

PAID-ON-CALL FIRE DEPARTMENT and FIRST RESPONDERS

31.001 ESTABLISHED.

There is established in this City a Paid-On-Call Fire Department and First Responders (herein referred to as “the department”) consisting of a Chief, two Battalion Chiefs, Secretary/Financial Officer, Safety Officer, Training Officer, Apparatus/Maintenance Officer, Emergency Medical Services (First Responder) Director, Assistant Apparatus/Maintenance Officer, Assistant Training Officer, Assistant Safety Officer, and Community Outreach Coordinator. The department is not to exceed thirty-five (35) members with thirty (30) firefighter and/or firefighter/First Responder positions and five (5) First Responder only positions. See Standard Operating Guidelines for department officers Position Analysis.

(Prior Code, § 43.01) (Repealed and Amended 11.15.2021) (Amended 2.3.2025)

31.002 APPOINTMENT.

The Chief of the Fire Department, the Battalion Chiefs, and First Responder Director shall be appointed by the Council, which body shall, in making such appointments, take into consideration recommendations of the members of the department. Each officer shall hold office until his or her successor has been duly appointed, except that he or she may be removed by the Council for cause and after a public hearing. Subject to the discretion of the City Council, all appointments to officer positions are to be approved by the Fire Chief. Firefighters, probationary firefighters and First Responders shall be appointed by the members of the Department subject to confirmation by the Council. Firefighters and First Responders shall continue as members of the Department during good behavior and may be removed by the Council only for cause and after a public hearing.

(Prior Code, § 43.02) (Amended 2.3.2025)

31.003 FIRE MARSHAL

The office of Fire Marshal may be held by the Chief or by the Battalion Chiefs, if the Council so decides. The Fire Marshal shall be charged with the enforcement of all ordinances aimed at fire prevention. He or she shall have full authority to inspect all premises and to cause the removal or abatement of any fire hazards.

(Prior Code, § 43.03) (Amended 2.3.2025)

31.004 DUTIES OF CHIEF.

The Chief or designated liaison shall make a report to the Public Safety and Health Board as to the condition of the equipment and needs of the Fire Department. He or she may submit additional reports and recommendations at any meeting of the Public Safety and Health Board. He or she shall be responsible for the proper training and discipline of the members of the Fire Department and may suspend any member for refusal or neglect to obey orders pending final action by the Council on his or her discharge or retention. See Position Analysis for Chief in Standard Operating Guidelines.

(Prior Code, § 43.04)

31.005 RECORDS.

The Secretary/Financial Officer shall keep in convenient form a complete record of all fires, such record shall include the time of the alarm, location of fire, cause of fire (if known), type of building, name of owner and tenant, purpose for which occupied, value of building and contents, members of the Department responding to the alarm and such other information as he or she may deem advisable or as may be required from time to time by the Council or State Insurance Department. See Position Analysis in Standard Operating Guidelines.

(Prior Code, § 43.05)

31.006 ATTENDANCE.

All members shall be required to attend business meetings, training sessions, calls and other events or functions required by the Department. Attendance shall be noted, and these members will be compensated for required events.

(Prior Code, § 43.06) (Amended 2.3.2025)

31.007 BATTALION CHIEFS.

In the absence or disability of the Chief, a Battalion Chief shall perform all the functions and exercise all of the authority of the Chief. See Position Analysis in Standard Operating Guidelines.

(Prior Code, § 43.07) (Amended 2.3.2025)

31.008 FIREFIGHTERS AND FIRST RESPONDERS.

Membership to the department shall be restricted to those who live within a radius of fifteen minutes of the fire hall. Membership must obey all traffic laws in response. The minimum age requirement shall be 18 years of age. The department’s active roster shall consist of a maximum of thirty (30) paid on call firefighter, firefighter/First Responder and five (5) First Responder only members. (Prior Code, § 43.08) (Repealed and Amended 11.15.2021) (Amended 2.3.2025)

31.009 LOSS OF MEMBERSHIP.

Firefighters absent from three consecutive drills or calls, unless excused by the Chief, shall forfeit membership in the Department.

(Prior Code, § 43.09)

31.010 COMPENSATION.

The members and officers of the Fire Department shall receive such compensation as the City Council shall determine by resolution, and a record book of the amounts of compensation for each position shall be kept on file in the office of the City Administrator and Fire Department of and for the City.

(Prior Code, § 43.10)

31.011 MINIMUM PAY.

In computing compensation for fires and first responder calls, one hour shall be considered as the minimum to be paid to any member.

(Prior Code, § 43.11) (Repealed and Amended 11.15.2021)

31.012 PRESENT MEMBERS.

Persons, who are members of the Fire Department at the time of the adoption of this section, shall not be required to serve a probationary period before receiving firefighter’s rating. All members shall be provided with a copy of the Policies and Procedures for The Paid-On-Call Mountain Iron Fire Department (Policy Number 2015-01and 2016-01).

(Prior Code, § 43.12)

SECTION 2. INCONSISTENT ORDINANCES. Any inconsistent Ordinances or parts thereof are hereby repealed and replaced with the provision of this Ordinance.

SECTION 3. EFFECTIVE DATE. This Ordinance becomes effective on the date of its publication, or upon the publication of a summary of the Ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to time.

DULY ADOPTED BY THE CITY COUNCIL THIS 3^rd DAY OF FEBRUARY, 2025.

__________________________________

Mayor Peggy Anderson

Attested:

____________________________

City Administrator

Ordinance Number 02-24

ORDINANCE NUMBER 02-24

AMENDING SECTION 154 OF THE MOUNTAIN IRON CITY CODE

THE CITY OF MOUNTAIN IRON HEREBY ORDAINS:

Section 1. Amending Section 154.027. Section 154.027 (B) (8) of the Mountain Iron City Code is hereby amended and is to read as follows:

(8) Auto service stations, major auto repair operations and exclusive tire repair or sales shops, excluding retread shops. Requires underground storage of bulk fuels and petroleum products.

Section 2. Amending Section 154.027. Section 154.027 (C) of the Mountain Iron City Code is hereby amended and is to read as follows:

(C) Conditional uses. The following may be permitted conditional uses in this District. A non-permitted use on a temporary basis. The CUP shall specify the scope and duration of the use.

Section 3. Amending Section 154.028. Section 154.028 (C) of the Mountain Iron City Code is hereby amended and is to read as follows:

(C) Conditional uses. The following may be permitted conditional uses in this District. A non-permitted use on a temporary basis. The CUP shall specify the scope and duration of the use.

Section 4. Inconsistent Ordinances. All Ordinances or portions thereof inconsistent with this Ordinance shall be repealed and replaced with the provisions of this Ordinance.

Section 5. Effective Date. This Ordinance shall be effective in accordance with State Statute.

DULY ADOPTED BY THE CITY COUNCIL THIS 16^th DAY OF DECEMBER, 2024.

______________________________

Mayor Peggy Anderson

ATTEST:

_______________________________

City Administrator

Ordinance Number 01-24

ORDINANCE NUMBER 01-24

AMENDING THE MEDIACOM MINNESOTA LLC FRANCHISE TO EXTEND THE TERM THROUGH JULY 1, 2029

THE CITY OF MOUNTAIN IRON HEREBY ORDAINS:

Section 1. Background.

Mediacom Minnesota LLC (“Grantee”) holds a cable communications Franchise, Ordinance, adopted on April 21, 2008 and with an Effective Date of May 28, 2008, for the construction and operation of a cable communications system in Mountain Iron, Minnesota (“Grantor”).
Under certain conditions, the Franchise provides for a five (5) year extension of the term.

Section 2. Extension of Franchise.

The term of the Franchise is hereby amended to expire on July 1, 2029.
The City reserves and does not waive the right to enforce the Franchise with respect to any violations or breaches thereof, whether arising before or after the effective date of this Ordinance.
Except as amended herein, all other terms and conditions of the Franchise shall remain in full force and effect and neither party waives any rights it may have pursuant to applicable law.

Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication in accordance with applicable law and written acceptance by Grantee.

DULY ADOPTED BY THE CITY COUNCIL THIS 20^th DAY OF MAY, 2024.

______________________________

Mayor Peggy Anderson

ATTEST:

_______________________________

City Administrator

Ordinance Number 02-23

ORDINANCE NUMBER 02-23

AMENDING SECTION 154 OF THE MOUNTAIN IRON CITY CODE

THE CITY OF MOUNTAIN IRON HEREBY ORDAINS:

Section 1. Amending Section 154.022. Section 154.022 (C) (15) of the Mountain Iron City Code is hereby amended and is to read as follows:

(15) RV used as a dwelling on a temporary basis and left on site. Adequate provisions for water supply and sewage disposal must be demonstrated. No appurtenances (such as decks or porches) may be constructed for the RV. The temporary use may not exceed one year. Conditional Use permit may be extended if a building permit has been issued for a single-family dwelling.

Section 2. Amending Section 154.023. Section 154.023 (C) (10) of the Mountain Iron City Code is hereby amended and is to read as follows:

(10) RV used as a dwelling on a temporary basis and left on site. Adequate provisions for water supply and sewage disposal must be demonstrated. No appurtenances (such as decks or porches) may be constructed for the RV. The temporary use may not exceed one year. Conditional Use permit may be extended if a building permit has been issued for a single-family dwelling.

Section 3. Amending Section 154.024. Section 154.024 (C) (9) of the Mountain Iron City Code is hereby amended and is to read as follows:

(9) RV used as a dwelling on a temporary basis and left on site. Adequate provisions for water supply and sewage disposal must be demonstrated. No appurtenances (such as decks or porches) may be constructed for the RV. The temporary use may not exceed one year. Conditional Use permit may be extended if a building permit has been issued for a single-family dwelling.

Section 4. Inconsistent Ordinances. All Ordinances or portions thereof inconsistent with this Ordinance shall be repealed and replaced with the provisions of this Ordinance.

Section 5. Effective Date. This Ordinance shall be effective in accordance with State Statute.

DULY ADOPTED BY THE CITY COUNCIL THIS 20^th DAY OF NOVEMBER, 2023.

______________________________

Mayor Peggy Anderson

ATTEST:

_______________________________

City Administrator

Ordinance Number 01-23

ORDINANCE NUMBER 01-23

AMENDING CHAPTER 10 OF THE MOUNTAIN IRON CITY CODE

THE CITY OF MOUNTAIN IRON HEREBY ORDAINS:

Section 1. Amending Section 10.99. Section 10.99 of the Mountain Iron City Code is hereby amended to read as follows:

10.99 GENERAL PENALTY.

City Code Chapter 97 Knox Box is hereby added as Section 10.99 Appendix III (E).

Section 2. Amending Section 10.99. Section 10.99 of the Mountain Iron City Code is hereby amended to read as follows:

10.99 GENERAL PENALTY.

(F) Violation of City Code Chapter 97 will result in a $500 penalty per required Knox Box. Within 60 days of the administration of the penalty, proof of box purchase is provided to the City of Mountain Iron, the penalty may be withdrawn

Section 3. Inconsistent Ordinances. All Ordinances or portions thereof inconsistent with this Ordinance shall be repealed and replaced with the provisions of this Ordinance.

Section 4. Effective Date. This Ordinance shall be effective in accordance with State Statute.

DULY ADOPTED BY THE CITY COUNCIL THIS 1^st DAY OF MAY, 2023.

______________________________

Mayor Peggy Anderson

ATTEST:

_______________________________

City Administrator

Ordinance Number 04-22

ORDINANCE NUMBER 04-22

AMENDING CHAPTER 31 OF THE MOUNTAIN IRON CITY CODE

THE CITY COUNCIL OF THE CITY OF MOUNTAIN IRON, MINNESOTA DOES ORDAIN:

SECTION 1. AMENDMENTS. The text of Chapter 31 of the City Code is hereby repealed in its entirety and replaced with the following:

PAID-ON-CALL FIRE DEPARTMENT and FIRST RESPONDERS

31.001 ESTABLISHED.

There is established in this City a Paid-On-Call Fire Department and First Responders (herein referred to as “the department”) consisting of a Chief, an Assistant Chief, Secretary/Financial Officer, Safety Officer, Training Officer, Apparatus/Maintenance Officer, Emergency Medical Services Director, Community Outreach Coordinator and the department not to exceed thirty five (35) members with thirty (30) firefighter and/or firefighter/First Responder positions and five (5) First Responder only positions. See Standard Operating Guidelines for firefighter officers Position Analysis.

(Prior Code, § 43.01) (Repealed and Amended 11.15.2021)

31.002 APPOINTMENT.

The Chief of the Fire Department, the Assistant Chief, shall be appointed by the Council, which body shall, in making such appointments, take into consideration recommendations of the members of the department. Each officer shall hold office until his or her successor has been duly appointed, except that he or she may be removed by the Council for cause and after a public hearing. Subject to the discretion of the City Council, all appointments to officer positions are to be approved by the Fire Chief. Firefighters, probationary firefighters and First Responders shall be appointed by the members of the Department subject to confirmation by the Council. Firefighters and First Responders shall continue as members of the Department during good behavior and may be removed by the Council only for cause and after a public hearing.

(Prior Code, § 43.02)

31.003 FIRE MARSHAL

The office of Fire Marshal may be held by the Chief or by the Assistant Chief, if the Council so decides. The Fire Marshal shall be charged with the enforcement of all ordinances aimed at fire prevention. He or she shall have full authority to inspect all premises and to cause the removal or abatement of any fire hazards.

(Prior Code, § 43.03)

31.004 DUTIES OF CHIEF.

(Prior Code, § 43.04)

31.005 RECORDS.

(Prior Code, § 43.05)

31.006 ATTENDANCE.

All members shall be required to attend business meetings, training sessions, calls and other events or functions required by the Department. Attendance shall be noted and these members will be compensated for training sessions.

(Prior Code, § 43.06)

31.007 ASSISTANT CHIEF.

In the absence or disability of the Chief, the Assistant Chief shall perform all the functions and exercise all of the authority of the Chief. See Position Analysis in Standard Operating Guidelines.

(Prior Code, § 43.07)

31.008 FIREFIGHTERS AND FIRST RESPONDERS.

Membership to the department shall be restricted to those who live within a radius of ten minutes of the fire hall. Membership must obey all traffic laws in response. The minimum age requirement shall be 18 years of age. The department’s active roster shall consist of a maximum of thirty (30) paid on call firefighter, firefighter/First Responder and five (5) First Responder only members. (Prior Code, § 43.08) (Repealed and Amended 11.15.2021)

31.009 LOSS OF MEMBERSHIP.

Firefighters absent from three consecutive drills or calls, unless excused by the Chief, shall forfeit membership in the Department.

(Prior Code, § 43.09)

31.010 COMPENSATION.

(Prior Code, § 43.10)

31.011 MINIMUM PAY.

In computing compensation for fires and first responder calls, one hour shall be considered as the minimum to be paid to any member.

(Prior Code, § 43.11) (Repealed and Amended 11.15.2021)

31.012 PRESENT MEMBERS.

(Prior Code, § 43.12)

SECTION 2. INCONSISTENT ORDINANCES. Any inconsistent Ordinances or parts thereof are hereby repealed and replaced with the provision of this Ordinance.

DULY ADOPTED BY THE CITY COUNCIL THIS 7^th DAY OF NOVEMBER, 2022.

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Mayor Peggy Anderson

Attested:

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City Administrator

The Taconite Capital of the World

Ordinance Number 05-25