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the owner or operator, or if there is failure to agree within ten days after written notice by <br />the City to the owner or operator to make such investigation and tests, by such <br />independent testing organization as may be selected by the Council. The costs incurred <br />in having such investigations or tests conducted shall be borne entirely by the owner or <br />operator. The procedure stated above shall not preclude the City from taking any such <br />other tests and investigations it finds appropriate to determine compliance with these <br />performance standards. <br /> <br />Historical Note <br /> <br />Established by Ord. #73-05, May 21, I973. <br /> <br /> Ord. #79-04 amended §9.11.02, adding subd. 5 and 6, <br />requiring accessory building to have a design and <br />outside finish compatible with other buildings located <br />within 350 feet, and requiring accessory buildings to be <br />located so as to allow for orderly future re-subdivision of <br />the parcel of land. Effective April 8, 1979. <br /> <br /> Ord. #74-08 established a home size requirement of at <br />least 3 livable rooms and 960 sq. ft. if a garage of at least <br />440 sq. ft. is included, and at least 1,100 sq. ft. if a <br />garage is not included. Effective December 21, 1974. <br /> Ord. #90-9 amended §9.11.19, adding several <br />paragraphs to the preamble and list of definitions; <br />establishing sections entitled ."Location" and <br />"Separability," deleting a section entitled "Prohibition," <br />and amending the violation section. Effective May 22, <br />1990. <br /> <br /> Ord. #82-12 amended §9.11.05, establishing <br />regulations for manufactured housing. Effective August <br />29, 1982. <br /> <br /> Ord. #85-13 amended §9.10.02 subd. 12, repealing <br />and replacing the subdivision. Effective January 6, <br />1986. <br /> <br /> Ord. #86-2 re-ordered and amended the provisions of <br />Ord. #73-5, establishing §9.10 as a separate section. <br />Effective August 24, 1986. <br /> <br /> Ord. #87--4 amended §9.11.13 pertaining to off-street <br />parking, amended §9.11.01 changing first paragraph to <br />read "Every private inground swimming pool or <br />commercial fishing pond shall be enclosed by a fence or <br />wall not less than four feet' high to prevent uncontrolled <br />access by small children." Effective Aug. 10, 1987. <br /> <br /> Ord. #90-10 amended §9.11.19 making same changes <br />as Ord. #90-09. Effective June 26, 1990. <br /> <br /> Ord. #91-09 amended §9.11.02 Subd. 5, increasing <br />height limitations. Effective June 30, 199 I. <br /> <br /> Ord. #91-17 amended §9.11.19 Subd. 5, using <br />December 31, I991 deadline to apply for extension. <br />Effective December 23, 1991. <br /> <br /> Ord. #92-09 amended §9.11.19 Subd. 3 paragraph b, <br />limiting the number of adult uses with time limitations. <br />Effective July 13, 1992. <br /> <br /> Ord. #96-22 amended §9.11.10 (Off-street Parking), <br />amending regulations for parking private and <br />commercial vehicles and equipment in the residential <br />districts. Effective Jan. 13, 1997. <br /> <br /> Ord. #87-9 established §9.11.18, entitled "Grading, Ord. #97-15 amended §9.11.18 Subd. 6 paragraph b. <br />Mining and Filling Permits." Effective Jan. 1 I, 1988. Effective Dec. I, 1997. <br /> <br /> Ord.- #89-26 established §9.11.06, regulating <br />incineration burning. Effective Nov. 13, 1989. <br /> <br /> Ord. #89-33 established a section entitled <br />"Conforming Use Designation for Existing Uses in "4 in <br />40" Density Districts" as §9.11.03 and renumbered the <br />subsequent sections. Effective Jan. 29, 1990. <br /> <br /> Ord. #98-04 amended §9.11.02 Subd. 12, amending <br />regulations for accessory structures. Effective April 13, <br />1998. <br /> <br /> Ord. #99-05 amended §9.11.02 (Accessory Uses), <br />repealing and replacing Subd. 3 through 12. Effective <br />May 31, 1999. <br /> <br /> Ord. #90-7 established §9.11.19, entitled "A <br />Moratorium on the Siting of Adult Bookstores as <br />Defined Herein within any Zoning District of the City." <br />Effective April 24, 1990. <br /> <br /> Ord. #99-09 repealed and replaced §9.11.20 (Non- <br />residential Performance Standards). Effective <br />September 7, 1999. <br /> <br />'02 Draft <br /> <br />261 <br /> <br /> <br />