HomeMy WebLinkAboutOrdinance 502: Zoning Ordinance
ORDINANCE 502 – ZONING ORDINANCE
Section 502.01: TITLE AND CONTENTS
Subd. 1: Purpose. This Ordinance establishes regulations for the creation of zones for
the purpose of management of land use and for requiring permits for uses therein. This
Ordinance defines certain rules and defines terms used; outlines administrative procedures, and
makes provision for violation of this Ordinance. This Ordinance identifies districts and allowable
uses; provides for accessory and conditional uses; lot, yard, area and height requirements. It
replaces existing Ordinances or parts of Ordinances inconsistent herewith.
This ordinance shall be known as "THE ZONING ORDINANCE OF THE CITY OF ST.
JOSEPH, STEARNS COUNTY, STATE OF MINNESOTA," and will be referred to therein as
"this Ordinance."
Subd. 2: Contents.
TITLE AND CONTENTS ................................................................. Sect. 502.01
PURPOSE & INTENT ...................................................................... Sect. 502.02
JURISDICTION, APPLICATION, INTERPRETATION AND
SEPARABILITY................................................................................ Sect. 502.03
RULES AND DEFINITIONS............................................................. Sect. 502.04
ENFORCEMENT, VIOLATIONS AND PENALTIES....................... Sect. 502.05
VARIANCE AND APPEALS ............................................................ Sect. 502.06
CONDITIONAL USES, INTERIM USES, AMENDMENTS AND
REZONING ...................................................................................... Sect. 502.07
NON-CONFORMANCE .................................................................... Sect. 502.08
PUD – PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT Sect. 502.09
OFF-STREET PARKING .................................................................. Sect. 502.10
SIGNS ................................................................................................ Sect. 502.11
GENERAL PERFORMANCE STANDARDS.................................... Sect. 502.12
ACCESSORY BUILDINGS ........................................................... Sect. 502.12.1
SCREENING & LANDSCAPING .................................................. Sect. 502.12.3
BUILDING AND LOT RESTRICTIONS........................................ Sect. 502.12.6
HEIGHT AND YARD EXCEPTIONS ............................................ Sect. 502.12.7
INDEPENDENT SEWAGE TREATMENT
SYSTEMS ....................................................................................... Sect. 502.12.8
LIGHTING...................................................................................... Sect. 502.12.9
POLLUTION ................................................................................ Sect. 502.12.10
DWELLING UNIT RESTRICTIONS ........................................... Sect. 502.12.10
OUTDOOR STORAGE AND REFUSE ........................................ Sect. 502.12.10
MOVING OF BUILDINGS................................................................ Sect. 502.13
MANUFACTURED HOME PARKS ................................................. Sect. 502.14
ADULT ENTERTAINMENT ESTABLISHMENTS .......................... Sect. 502.15
502.01-1
ORDINANCE 502 – ZONING ORDINANCE
HOME OCCUPATIONS .................................................................... Sect. 502.16
MINING/EXTRACTIVE USES ......................................................... Sect. 502.17
SURFACE (STORM) WATER MANAGEMENT ............................. Sect. 502.18
LAND, WOODLAND AND WETLAND
PRESERVATION .............................................................................. Sect. 502.19
SHORELAND OVERLAY DISTRICT .............................................. Sect. 502.20
TRANSPORTATION CORRIDOR OVERLAY DISTRICT SITE
AND DESIGN STANDARDS ........................................................... Sect. 502.21
OUTDOOR DINING/SMOKING AREAS AND SIDEWALK
CAFES .............................................................................................. Sect. 502.22
RESERVED ...................................................................................... Sect. 502.23
RESERVED ....................................................................................... Sect. 502.24
ZONING DISTRICT BOUNDARIES AND GENERAL
PROVISIONS .................................................................................... Sect. 502.25
AGRICULTURAL DISTRICT ........................................................... Sect. 502.26
RESERVED ....................................................................................... Sect. 502.27
RESERVED ....................................................................................... Sect. 502.28
RESERVED ....................................................................................... Sect. 502.29
R-1: SINGLE FAMILY RESIDENTIAL DISTRICT.......................... Sect. 502.30
RESERVED ....................................................................................... Sect. 502.31
RESERVED ....................................................................................... Sect. 502.32
RESERVED ....................................................................................... Sect. 502.33
R-2: TWO FAMILY RESIDENTIAL DISTRICT .............................. Sect. 502.34
RESERVED ....................................................................................... Sect. 502.35
RESERVED ....................................................................................... Sect. 502.36
RESERVED ....................................................................................... Sect. 502.37
R-3: MULTIPLE FAMILY RESIDENTIAL DISTRICT .................... Sect. 502.38
RESERVED ....................................................................................... Sect. 502.39
RESERVED ....................................................................................... Sect. 502.40
RESERVED ....................................................................................... Sect. 502.41
R-4: TOWNHOUSE/PATIO HOME RESIDENTIAL DISTRICT ...... Sect. 502.42
RESERVED ....................................................................................... Sect. 502.43
RESERVED ....................................................................................... Sect. 502.44
RESERVED ....................................................................................... Sect. 502.45
R-5: SUPPORTIVE CARE DISTRICT .............................................. Sect. 502.46
RESERVED ....................................................................................... Sect. 502.47
RESERVED ....................................................................................... Sect. 502.48
RESERVED ....................................................................................... Sect. 502.49
B-1: CENTRAL BUSINESS DISTRICT ............................................ Sect. 502.50
RESERVED ....................................................................................... Sect. 502.51
RESERVED ....................................................................................... Sect. 502.52
RESERVED ....................................................................................... Sect. 502.53
B-2: HIGHWAY 75 BUSINESS DISTRICT ...................................... Sect. 502.54
RESERVED ....................................................................................... Sect. 502.55
RESERVED ....................................................................................... Sect. 502.56
RESERVED ....................................................................................... Sect. 502.57
B-3: GENERAL BUSINESS DISTRICT ............................................ Sect. 502.58
502.01-2
ORDINANCE 502 – ZONING ORDINANCE
RESERVED ....................................................................................... Sect. 502.59
RESERVED ....................................................................................... Sect. 502.60
RESERVED ....................................................................................... Sect. 502.61
L-1: LIGHT INDUSTRIAL DISTRICT.............................................. Sect. 502.62
RESERVED ....................................................................................... Sect. 502.63
RESERVED ....................................................................................... Sect. 502.64
RESERVED ....................................................................................... Sect. 502.65
EE DISTRICT .................................................................................... Sect. 502.66
RESERVED ....................................................................................... Sect. 502.67
RESERVED ....................................................................................... Sect. 502.68
RESERVED ....................................................................................... Sect. 502.69
PUBLIC DISTRICT ........................................................................... Sect. 502.70
RESERVED ....................................................................................... Sect. 502.71
RESERVED ....................................................................................... Sect. 502.72
OPT OUT MNSTATUTES, SECTION 462.3593 ............................... Sect. 502.73
502.01-3
ORDINANCE 502 – ZONING ORDINANCE
Section 502.02: PURPOSE AND INTENT
This Ordinance is enacted for the following purposes:
Subd. 1: To promote and protect the general public health, safety, morals, comfort and
general welfare of the inhabitants of the City of St. Joseph, Minnesota.
Subd. 2: To provide adequate light, air, privacy and safety of transportation and access to
property.
Subd. 3: To prevent the overcrowding of land and undue concentration of population.
Subd. 4: To promote the proper use of land and structures to determine the proper
spacing of buildings.
Subd. 5: To divide the City into zones or districts as to the use, location, construction,
reconstruction, alteration and use of land and structures for residents, business and industrial
purposes.
Subd. 6: To promote the character and preserve and enhance the stability of properties
and areas within the City.
Subd. 7: To fix reasonable standards to which buildings, structures and land shall
conform for the benefit of all.
Subd. 8: To prohibit the use of buildings, structures and lands that are incompatible with
the intended use or development of lands within the specified zones.
Subd. 9: To limit congestion in the public streets and protect the public health and
welfare by providing for the off-street parking of vehicles and vehicle loading areas.
Subd. 10: To protect against fire, explosion, noxious fumes, pollution of the environment
and other hazards in the interest of the public health, comfort and general welfare.
Subd. 11: To define and limit the powers and duties of the administrative officers and
bodies provided for herein.
Subd. 12: To promote and preserve open areas, corridors and wetlands.
502.02-1
ORDINANCE 502 – ZONING ORDINANCE
Section 502.03: JURISDICTION, APPLICATION, INTERPRETATION AND
SEPARABILITY
Subd. 1: Jurisdiction. The jurisdiction of this Ordinance shall apply within the Corporate
limits of the City and the unincorporated area within two (2) miles of its limits; provided that
where a municipality lies less than four (4) miles from the limits of St. Joseph, these regulations
shall apply only to a line equally distant from St. Joseph and said municipality; and provided
further, that the governing body of unincorporated areas adjacent to the City have not adopted
ordinances for the regulation of zoning.
Subd. 2: Application and Interpretation. In their application and interpretation, the
provisions of this Ordinance shall be held to be the minimum requirements for the promotion of
the public health, safety and welfare.
a) Where the conditions imposed by any provision of this Ordinance are either more
or less restrictive than comparable conditions imposed by any law, ordinance,
Minnesota statute, resolution, or regulation of any kind, the regulations which are
more restrictive or which impose higher standards or requirements shall prevail.
b) No structure shall be erected, converted, enlarged, reconstructed or altered
without first obtaining a building permit, and no structure or land shall be used for
any purpose nor in any manner which is not in conformity with the provisions of
this Ordinance.
c) Except as herein provided no building, structure or premises shall hereafter be
used or occupied and no building permit shall be granted that does not conform to
the requirements of this Ordinance.
d) This Ordinance is not intended to abrogate any easement, covenant, or any other
private agreement provided that where the regulations of this Ordinance are more
restrictive or impose higher standards or requirements than such easements,
covenants, or other private agreements, the requirements of this Ordinance shall
govern.
e) No structure shall be moved onto any property without first obtaining a building
permit from the Building Official.
Subd. 3: Separability. If any court of competent jurisdiction shall judge any provision of
this Ordinance to be invalid, such judgment shall not affect any other provisions of this
Ordinance not specifically included in said judgment. If any court of competent jurisdiction
shall judge invalid the application of any provision of this Ordinance to a particular property,
building or other structure, such judgment shall not affect the application of said provision to any
other property, building or structure not specifically included in said judgment.
502.03-1
ORDINANCE 502 – ZONING ORDINANCE
502.04-1
Section 502.04: RULES AND DEFINITIONS
For purposes of this Ordinance words used in the singular number include the plural, and
the plural the singular. The present tense includes the past and future tenses and the future the
present; the word "shall" is mandatory, the word "may" is permissive; all measured distances
shall be to the nearest integral foot; whenever a word or term defined hereinafter appears in the
text of this Ordinance its meaning shall be construed as set forth in such definition thereof.
For the purpose of this Ordinance, certain words and terms are herein defined as follows:
Accessory Apartment. A separate dwelling unit contained within an existing single-
family structure, to be occupied by another individual(s) as a separate, complete housekeeping
unit with the existence of separate cooking facilities.
Accessory Building. A subordinate building or structure on the same lot or attached to
the main building, occupied by or devoted exclusively to an accessory use.
Accessory Use. A use naturally and normally incidental to, subordinate to, and auxiliary
to the principal permitted use of the premises.
Adult Entertainment Establishment. A commercial operation or establishment which
provides adult sexual entertainment, specifically including but not necessarily limited to an adult
arcade, adult bookstore, adult cabaret, adult motion picture theater, adult theater, or a sexual
encounter establishment as those terms are specifically defined in this Ordinance.
Alley. A public right-of-way usually twenty feet or less in width which normally affords
a secondary means of vehicular access to abutting property.
Apartment. A multi-family building containing dwelling units in a stacked configuration
having common walls and floors/ceilings.
Assisted Living. A facility that provides daily assistance and long-term residence for
disabled or elderly individuals. This includes a combination of housing, supportive services,
personalized assistance and health care designed to respond to the individual needs of those who
need help with activities of daily living, such as dressing, grooming, bathing, etc.
Automobile Repair Shop. A shop or place of business for repair and maintenance of
automobiles, trucks and other automotive equipment. Salvage and junk shall not be kept, stored
or worked on in an auto repair shop.
Automobile Repair - Major. General repair, rebuilding or reconditioning engines, motor
vehicles or trailers; collision service, including body, frame, or fender straightening or repair;
overall painting or paint job; vehicle steam cleaning for any type of vehicle and any type of
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502.04-2
repair of licensed dump trucks, tow trucks, semi tractors or trailers, tank trucks, tractors, buses,
construction vehicles or equipment or earth moving vehicles or equipment.
Automobile Repair – Minor. A business that performs mechanical and electrical repairs
to autos, light trucks, and equipment of 14,000 pounds gross weight and less. Allowed activities
include minor repairs, incidental body and fender work, minor painting and upholstering, tune
ups and adjustments, replacement of parts (excluding body and frame), rebuilding of parts or
components when installation is available, wheel alignment and balancing, tire repair, radiator
repair, washing, cleaning, and polishing, but specifically excluding any operation specified or
implied under the definition of "Automobile Repair - Major."
Automobile Wrecking or Junkyard. A place maintained for keeping, storing or piling in
commercial quantities, whether temporarily, irregularly, or continually; buying or selling at retail
or wholesale any old, used or second-hand material of any kind, including used motor vehicles,
machinery, and/or parts thereof, cloth, rugs, clothing, paper, rubbish, bottles, rubber, iron or
other metals or articles which from its worn condition render it practically useless for the
purpose for which it was made and which is commonly classed as junk. This shall include a lot
or yard for the keeping of unlicensed motor vehicles or the remains thereof for the purpose of
dismantling, sale of parts, sale as scrap, storage or abandonment. This shall not prohibit the
keeping of one unlicensed motor vehicle within a garage or other structure in residential districts
or two unlicensed motor vehicles not including farm implements within a farm in the agricultural
district.
Basement/Cellar. A story having part but not more than one-half its height above the
average level of the adjoining finished grade.
Billboard. A poster panel board, painted bulletin board or other communication device
[A sign] which is used to advertise products, goods and /or services which are not exclusively
related to the premises on which the sign is located.
Bed and Breakfast. An owner or non-owner occupied single family residence that
provides overnight accommodations to a limited number of visitors for a charge, not to exceed a
stay of seven consecutive nights. A Bed and Breakfast in any residential zoning district must be
owner occupied.
Boarding House or Rooming House. See Lodging House.
Building. Any structure, either temporary or permanent having a roof, and used or built
for the shelter or enclosure of any person, animal or chattel or property of any kind. When
separated by bearing walls without openings, each portion so separated shall be considered a
separate building.
Buildable Area. That part of the lot remaining after required yards have been provided.
Building Principal. A building or structure in which is conducted the main or principal
use of the lot on which said building or structure is situated.
ORDINANCE 502 – ZONING ORDINANCE
502.04-3
Building Height. The vertical distance measured from the average ground level adjoining
the building to the highest point on the roof surface if a flat roof, to the deck line of mansard
roofs, and to the mean height level between eaves and ridge of gable, hip and gambrel roofs.
Building Setback Line. The front line of the building or the legally established line
which determines the location of the building with respect to the right-of-way line.
Bonus Room. A single room in a house that is created due to open space from
constructing a garage, which can be used as a multi-purpose area, such as a family room, sewing
or hobby room, game room, theater room, office, or den. A bonus room is not a separate
dwelling unit or accessory apartment and cannot include kitchen facilities.
Carport. A structure having a roof supported by columns but not otherwise enclosed and
which is permanently attached to a dwelling.
Church. A building, together with its accessory buildings and uses, where persons
regularly assemble for religious worship and which buildings and uses are maintained and
controlled by a religious body organized to sustain regular public worship.
Clear-cutting. The removal of an entire stand of vegetation.
Comprehensive Plan. When referred to in this Code shall mean, The Comprehensive Plan
of the City of St. Joseph.
Conditional Use Permit. A permit specially and individually issued by the City Council in
accordance with procedures specified in this Code and following review and recommendation by
the Planning Commission, as a flexibility device to enable the City Council to assign dimensions
to a proposed use or conditions surrounding it after consideration of adjacent uses and their
functions and the special problems which the proposed use presents.
Conditional Use. A use, which because of unique characteristics, cannot be classified as
a permitted use in a particular district. After due consideration, in each case, of the impact of
such upon neighboring land and of the public desirability for the particular use at the particular
locations, a conditional use permit may be granted.
Convenience Store. A retail store that generally carries a reduced inventory of a variety
of items such as dairy products, minor automobile related items, groceries, novelties, magazines,
etc. A convenience store may be combined with vehicle fuel sales where permitted.
Day Care Home, Group: Any residence or portion of a residence licensed by the
Department of Human Services under chapter 9502 for no more than 14 children at any one time,
and must meet Group R, Division 3 occupancy requirements.
Day Care Group Facility: A public or private facility, which for gain or otherwise
regularly provides persons with care, training, supervision, habilitation, rehabilitation or
developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place
other than the person’s own home for persons of school age or older.
ORDINANCE 502 – ZONING ORDINANCE
502.04-4
Day Care- Home. A residence or portion of a residence licensed by the Department of
Human Services under chapter 9502 for no more than ten children at one time of which no more
than six are under school age, and must meet Group R, Division 3 occupancy requirements.
District. A section of the City of St. Joseph for which the regulations governing the use
of buildings and premises, the height of buildings, the size of yards, the intensity of use are
uniform.
Drive-Through Facility. An establishment (principal or accessory use) at which patrons
may purchase products or receive service without having to leave the motor vehicle. A motor
fuel station is not considered to be a Drive-Through Facility.
Duplex, triplex and quad. A dwelling structure on a single lot having two, three and four
units, respectively, being attached by common walls and each unit equipped with separate
sleeping, cooking, eating, living and sanitation facilities.
Dwelling. A building or portion thereof, designed exclusively for a residential
occupancy, including one family, two family and multiple family dwellings but not including
hotels, motels and boarding house.
Dwelling, Attached. A dwelling unit which is joined to another unit or building at one or
more sides by a party wall or walls.
Dwelling, Detached. A dwelling unit which is entirely surrounded by open space on the
same lot.
Dwelling – Multiple Family. A building designed with three (3) or more dwelling units
exclusively for occupancy by three (3) or more families living independently of each other, but
sharing hallways, stairs, building entrances and exit and/or other common elements.
Dwelling - Single Family. A dwelling occupied by only one family and so designed and
arranged as to provide cooking and kitchen accommodations and sanitary facilities for one
family only.
Dwelling - Two Family. A dwelling so designed and arranged to provide cooking and
kitchen accommodations and sanitary facilities for occupancy by two families.
Dwelling Unit. A residential accommodation including complete kitchen and bathroom
facilities, which is arranged, designed, used or intended for use exclusively as living quarters for
one family.
Easement. A temporary or permanent grant by a property owner for the use of a strip or
area of land for purposes including but not limited to the constructing and maintaining of
utilities, sanitary sewer, water mains, electric lines, telephone lines, storm sewer or storm water
drainageway, and gas lines.
ORDINANCE 502 – ZONING ORDINANCE
502.04-5
Family. An individual or two (2) or more persons each related to the other by blood,
marriage, domestic partnership, adoption, legal guardianship (including foster care), or a group
of not more than three (3) persons not so related maintaining a common household and using
common cooking and kitchen facilities.
Farm. An area which is used for the growing of the usual farm products, such as
vegetables, fruit, trees, and grain and their storage.
Farmers Market. An area where primarily agriculture products such as meat, raw
vegetables, fruits, syrups, herbs, flowers, plants, nuts or handcrafted items are sold by local and
regional producers. Non-agriculture products may be sold but the area dedicated to such products
shall not occupy more than twenty-five (25) percent of the total sales area.
Fence: Any partition, structure, wall or gate (including the use of living material such as
trees or shrubs) erected as a dividing mark, barrier or enclosure.
Flood. A temporary rise in stream flow or stage that results in inundation of the area
adjacent to the channel.
Floodplain. The channel or beds proper and areas adjoining a watercourse which have
been or hereafter may be covered by a regional flood. Floodplain areas within the City shall
encompass all areas designated as such on the Federal Emergency Management Agency’s
Special Flood Hazard Boundary Map.
Floodway. The channel of a watercourse, bed of a wetland or lake, and those portions of
the adjoining floodplains reasonably required to carry and discharge a regional flood.
Floor Area Ratio. The numerical value obtained through dividing the gross floor area of a
building or buildings by the total area of the lot or parcel of land on which such building or
buildings are located.
Frontage. All the property on one side of a street between two intersecting streets
(crossing or terminating) measured along the line of the street, or if the street is dead ended, then
all the property abutting on one side between an intersecting street and the dead end of the street.
Garage, Private. An accessory building designed or used for the storage of not more than
three power-driven vehicles owned and used by the occupants of the building to which it is
accessory.
Garage, Public. Any premises, except those described as a private garage, used for the
storage or care of power driven vehicles or where any such vehicles are equipped for operation,
repaired or kept for remuneration, hire or sale.
Gasoline Service Station. A building or structure designed or used for the retail sale or
supply of fuels, lubricants, air, water and other operating commodities for motor vehicles, and
including the customary space and facilities for the installation of such commodities on or in
ORDINANCE 502 – ZONING ORDINANCE
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such vehicles, but not including special facilities for the painting, major repair or similar
servicing thereof.
Grade, Street. The elevation of the established street in front of the building measured at
the center of such front. Where no such street grade has been established, the City Engineer
shall establish such street grade or its equivalent for the purpose of this Ordinance.
Home Occupation. Any occupation or profession engaged in by the occupant of a
residential dwelling unit, which is clearly incidental and secondary to the residential use of the
premises and does not change the character of said premises, in accordance with regulations
specified within this Ordinance.
Hotel. Any building or portion thereof containing six or more guest rooms intended or
designed to be used, or which are used, rented, hired out to be occupied, or which are occupied
for sleeping purposes by guests for a period of less than 30 continuous days.
Hydric Soils. Soils that are saturated, flooded or ponded long enough during the growing
season to develop anaerobic conditions in the upper part.
Hydrophytic Vegetation. Macrophytic plant life growing in water, soil or on substrata
that is at least periodically deficient in oxygen as a result of excessive water content.
Impervious Surface. An artificial or natural surface through which water, air or roots
cannot penetrate, including but not limited to buildings, parking spaces, driveways, sidewalks,
patios, decks, porches, pools and sports courts.
Independent Living Facility. A residential complex containing dwellings where the
occupancy is limited to persons who are fifty-five (55) years of age or older; or, if two (2)
persons occupy a unit, at least one (1) must be fifty-five (55) years or older. Such facilities may
include common areas for meals and socializing, offer minimal convenience services, but
exclude institutional care such as medical or nursing care.
Intensive vegetation clearing. The complete removal of trees or shrubs in a contiguous
patch, strip, row or block.
Interim Use. A use which requires an interim use permit. Interim Use Permits are
granted by the City Council for a specific period of time in accordance with procedures specified
in this Ordinance.
Kennel. Any place where three or more dogs over six months of age are boarded, bred
and/or offered for sale, except a veterinary clinic. Dog kennels shall be permitted only in areas
specifically zoned for such use.
Land Disturbing or Development Activities. Any change of the land surface including
removing vegetative cover, excavating filling, grading and the construction of any structure.
ORDINANCE 502 – ZONING ORDINANCE
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Lodge. A building operated by a fraternal or veteran organization that is qualified as tax
exempt under the Internal Revenue Code, operated for the use of members and guests while in
the company of a member.
Lodging House Dormitories, Fraternities and Sorority Houses. A building or place where
lodging is provided (or which is equipped regularly to provide lodging) by prearrangement for
definite periods, for compensation, for three or more individuals, not open to transient guests, in
contradistinction to hotels open to transients. Lodging houses, dormitories, fraternities, sorority
houses, boarding houses and rooming houses shall only be permitted in R-3, multiple dwelling
districts, except within the boundaries of a college campus.
Lot. A parcel of land occupied or intended for occupancy by a use permitted in this
Ordinance, including one main building together with its accessory buildings, the open spaces
and parking spaces required by this Ordinance, and having its principal frontage upon a street or
upon an officially approved place.
Lot Area. The square footage contained within a particular parcel of real property.
Lot, Buildable. A buildable lot is that square footage required by this zoning Ordinance
for a particular zone.
Lot, Corner. A lot situated at the intersection of two or more streets.
Lot, Coverage. The part or percentage of the lot occupied by buildings or structures,
including accessory building structures.
Lot Depth. The mean horizontal distance between the front and rear lot lines.
Lot, Double Frontage. A lot having a frontage on two non-intersecting streets, as
distinguished from a corner lot.
Lot Frontage. The front of a lot shall be for purposes of complying with this Ordinance,
that boundary abutting a public right-of-way having the least width.
Lot Line. A property line of any lot held in single or separate ownership; except that
where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed
to be the street or alley right-of-way.
Lot of Record. A lot which was part of a subdivision, the map of which has been
recorded in the office of the Stearns County Recorder or a lot described by metes and bounds, the
deed to which has been recorded in the Office of the Stearns County Recorder prior to the
effective date of this Ordinance.
Lot Width. The horizontal distance between the side lot lines measured at right angles to
the lot and depth at the established front building line.
Manufacturing. Combining machinery, tools, power and labor to bring material closer to
ORDINANCE 502 – ZONING ORDINANCE
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a final state.
Manufacturing - Heavy. The manufacture, compounding, processing, packaging,
treatment or assembly of products and materials that may emit objectionable, hazardous and/or
offensive influences; including but not limited to: odors, material/byproduct discharges, dust,
glare, ash, smoke, vibration and noise beyond the lot on which the use is located.
Manufacturing – Light. Uses which include the manufacture, compounding, processing,
packaging, treatment or assembly of products and materials provided such use will not generate
objectionable and/or offensive influences; including but not limited to: odors, material/byproduct
discharges, dust, glare, ash, smoke, vibration and noise beyond the lot on which the use is
located.
Manufactured Home. A structure, transportable in one or more sections, which in the
traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length,
or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on
a permanent foundation when connected to the required utilities, and includes the plumbing,
heating, air conditioning and electrical systems contained therein; except that the terms includes
any structure which meets all the requirements with respect to which the manufacturer
voluntarily files a certification required by the City Administrator/Clerk and complies with the
standards established under this Ordinance and which meets the Manufactured Home Builders
Code as defined in Minnesota Statutes ' 327.32, Subd. 3.
Manufactured Home Park. Any site, lot, field or tract of land upon which two or more
occupied manufactured homes are located, either free of charge or for compensation, and
includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the
equipment of the manufactured home park.
Medical and Dental Clinic. A structure intended for providing medical and dental
examinations and service available to the public. This service is provided without overnight care
available.
Modular Home. A non-manufactured housing unit that is basically fabricated at a central
factory and transported to a building site where final installations are made permanently affixing
the module to the site.
Motel. See Hotel.
Motor Vehicle Wrecking, Junkyard, or Recycling Centers. A place maintained for
keeping, storing or piling in commercial quantities, whether temporarily, irregularly, or
continually; buying or selling at retail or wholesale any old, used or second-hand material of any
kind, including used motor vehicles, machinery, and/or parts thereof, cloth, rugs, clothing, paper,
rubbish, bottles, rubber, iron or other metals or articles which from its worn condition render it
practically useless for the purpose for which it was made and which is commonly classed as
junk. This shall include a lot or yard for the keeping of unlicensed motor vehicles or the remains
thereof for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. This
shall not prohibit the keeping of one unlicensed motor vehicle within a garage or other structure
ORDINANCE 502 – ZONING ORDINANCE
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in residential districts or two unlicensed motor vehicles not including farm implements within a
farm in the agricultural.
Non-Conforming Lot. A lot which does not comply with the minimum lot area or
frontage requirements of the district in which it is located.
Non-Conforming Use of Land. Any use of a lot which does not conform to the
applicable use regulations of the district in which it is located.
Non-Conforming Use of Structure. A use of a structure which does not conform to the
applicable use regulations of the district in which it is located.
Nursing Home. A licensed home to provide care for the aged or infirmed persons
requiring or receiving nursing care, which includes care or treatment requiring technical
knowledge. The term nursing home also includes convalescent home.
Office Building. A building designed or used primarily for office purposes, no part of
which is used for manufacturing or for dwelling.
Ordinary High Water Level. The elevation of the boundary of public waters,
watercourses and wetlands delineating the highest water level which has been maintained for a
sufficient period of time to leave evidence upon the landscape, commonly that point where the
natural vegetation changes from predominantly aquatic to predominately terrestrial. For
watercourses, the ordinary high water level is the elevation of the top of the bank of the channel.
Parking Lot. Three or more parking spaces, along with the driveway connecting the
parking spaces to the street or alley and permitting satisfactory ingress and egress of an
automobile and the driving lane between or servicing the parking spaces.
Parking Space. An area enclosed in the main building, in an accessory building, or
unenclosed sufficient in size to store one (1) automobile which has adequate access to a public
street or alley and permitting satisfactory ingress and egress of an automobile.
Patio Home. A single family attached or detached unit and structure consisting of a one
level living area with the ability to have a bonus room above the garage.
Permitted Use. A use which may be lawfully established in a particular district or
districts, provided it conforms with all requirements and performance standards (if any) of such
district.
Person. Any individual, corporation, firm, partnership, association, organization or other
group acting as a unit. It also includes any executor, administrator, trustee, receiver or other
representative appointed by law. Whenever the word "person" is used in any section prescribing
a penalty or fine, it shall include partners, associates, or members of a corporation, who are
responsible for the violation.
ORDINANCE 502 – ZONING ORDINANCE
502.04-10
Planned Unit Development. A type of development which may incorporate a variety of
land uses planned and developed as a unit. The planned unit development is distinguished from
the traditional subdivision process of development in that zoning standards such as density,
setbacks, height limits, and minimum lot sizes may be altered by negotiation and agreement
between the developer, the municipality, and the Commissioner of Natural Resources as may be
required.
Principal Use. The main use of land or buildings as distinguished from subordinate or
accessory uses.
Property Owner. Any person, group of persons, association, corporation, or any other
legal entity having a freehold estate interest, leasehold interest extending for a term, or having
renewal options for a term in excess of one year, a dominant easement interest, or an option to
purchase any of the same, but not including owners of interest held for security purposes only.
Public Waters. Any waters as defined in Minnesota Statutes, Section 105.37,
subdivisions 14 and 15.
Recreational Vehicle. A vehicular or portable structure used for amusement, vacation or
recreational activities, including but not limited to travel trailers, motor homes, camping trailers,
boats, jet skis, ATV’s and snowmobiles.
Rooming House. A building or structure providing a room or rooms intended for living
and sleeping to persons in the status of tenant. This term shall not include hotels, motel, or
hospitals.
Screening. The use of plant materials, fences or earthen berms to partially conceal the
separate land use from the surrounding land use.
Semipublic use. The use of land by a private, nonprofit organization to provide a public
service that is ordinarily open to some person outside the regular constituency of the
organization.
Setback Line. The mean horizontal distance between the front street, right-of-way line
and the front line of the building or the allowable building line as defined by the front yard
regulations of this Ordinance.
Shore impact zone. Land located between the ordinary high water level of a public water
and a line parallel to it at a setback of 50 percent of the structure setback.
Shoreland. Land located within the following distances from public waters: 1,000 feet
from the ordinary high water level of a lake, pond or flowage; and 300 feet from a river or
stream, or the landward extent of a floodplain designated by ordinance on a river or stream
whichever is greater. The shoreland limits may be reduced whenever the waters involved are
bounded by topographic divides which extend landward from the waters for lesser distances and
when approved by the Commissioner.
ORDINANCE 502 – ZONING ORDINANCE
502.04-11
Sign. A name, identification, description, display, illustration or device which is affixed
to or represented directly or indirectly upon a building, structure or land in view of the general
public and which directs attention to a product, place, activity, person, institution or business.
Stable. A building accommodating one or more horses.
Story. That portion of a building other than a basement/cellar, including between the
surface of any floor and the surface of the floor next above it or if there be no floor above it, then
the space between the floor and a ceiling next above it.
Story - Half. A space under a sloping roof which has the line of intersection of roof
decking and wall face not more than three feet above the top floor level and in which space not
more than 60% of the floor area is finished off for use. A half-story may be used for occupancy
only in conjunction with and by occupancy of the floor immediately below.
Street. All property dedicated or intended for public street, highway, freeway or
road-way purposes and subject to public easements therefore.
Street – Frontage. The proximity of a parcel of land to one or more streets. An interior
lot has one street frontage and a corner lot has two street frontages. For purposes of addressing a
building, the front shall be the street side in which the structure’s front door faces. For setback
regulations, both streets shall be considered frontages.
Structure. Anything constructed or erected, the use of which requires permanent location
on the ground or attached to something having a permanent location on the ground, including but
without limiting the generality of the foregoing advertising signs, billboards, backstops for tennis
courts and pergolas.
Structural Alterations. Any change in the supporting members of a building such as
bearing walls or partitions, columns, beams or girders or any substantial change in the roof or
exterior walls.
Townhouse and Condominium. Single family attached units and structures housing three
or more dwelling units contiguous to each other only by the share of one common wall between
each unit.
Use. The purpose for which land or buildings thereon are designed, arranged or intended
to be occupied or used, or for which they are occupied or maintained.
Use – Accessory. The use incidental or accessory to the principal use of the lot or a
building located on the same lot with a building but detached therefrom.
Vacation. The act of relinquishing a recorded dedication or easement as in a street right-
of-way, utility easement, etc.
Variance. The waiving of specific literal provisions of the zoning ordinance in instances
where their strict enforcement would cause practical difficulties because of circumstances unique
ORDINANCE 502 – ZONING ORDINANCE
502.04-12
to the individual property under consideration. A change in the allowable use within a district
shall not be considered a variance.
Waterbody. A body of water (lake, pond) in a depression of land or expanded part of a
river or an enclosed basin that holds water and is surrounded by land.
Watercourse. A channel or depression through which water flows, such as rivers, streams
or creeks and may flow year around or intermittently.
Watershed. The area drained by the natural and artificial drainage system, bounded
peripherally by a bridge or stretch of high land dividing drainage areas.
Wedding Venue/Event Center. A facility designed to house a celebration, ceremony,
wedding, reception, corporate function, or similar activity for the benefit of someone other than
the property owner that takes place on a periodic basis and involves the gathering of individuals
for the common purpose of attending a special event. Special event facilities are subject to a use
agreement between a private group or individual and the facility/property owner.
Wetlands. The City adopts the definition of a Wetlands as contained in Minn. Stat. '
103G.005, Subd. 19. Designations of the Stearns County Environmental Services office of
wetlands shall be presumed as accurate when determining the location of wetlands.
Yard. An open space on the same lot with a building, unoccupied and unobstructed by
any portion of a structure from the ground upward, except as otherwise provided herein. In
measuring a yard for the purpose of determining the width of a side yard, the depth of a front
yard or the depth of a rear yard, the mean and horizontal distance between the lot line and the
main building shall be used.
Yard, Front. A yard extending across the front of the lot between the side lot lines and
lying between the front line of a lot and the nearest line of the building.
Yard, Rear. A yard extending across the full width of a lot and lying between the rear
line of a lot and the nearest line of the building.
Yard, Side. A yard between the side line of the lot and the nearest line of the building
and extending from the front line of a lot to the rear yard.
Zoning District. An area or areas within the limits of the City for which the regulations
and requirements governing use, lot and bulk of buildings and premises are uniform.
ORDINANCE 502 – ZONING ORDINANCE
Section 502.05: ENFORCEMENT/VIOLATIONS AND PENALTIES
Subd. 1: Enforcement. This Ordinance shall be administered by the Zoning
Administrator. The Community Development Director and/or his/her assigned shall be the
Zoning Administrator. The Zoning Administrator shall require that the application for a building
permit and the accompanying site plan contains all of the information necessary to ascertain
whether the proposed building complies with the provisions of this Ordinance. No building
permit shall be issued until the Zoning Administrator and/or his/her assigned has certified that
the proposed building or alteration complies with all provisions of this Ordinance.
Subd. 2: Violations and Penalties. Any person who shall violate any of the provisions
hereof or who shall fail to comply with any of the provisions hereto or who shall make any false
statement in any document required to be submitted under the provisions hereof, shall be guilty
of a misdemeanor, and each day that a violation is permitted to exist shall constitute a separate
offense.
Subd. 3: Civil Action. In the event of a violation or threatened violation of this
Ordinance, the City Council may direct the City Administrator and/or his/her assigned and City
Attorney to institute appropriate action or proceeding to prevent, restrain, correct or abate such
violations or threatened violations, and it shall be the duty of the City Attorney to institute such
legal action.
502.05-1
ORDINANCE 502 – ZONING ORDINANCE
Section 502.06: VARIANCES AND APPEALS
Subd. 1: Board of Adjustments.
a) Established. The Board of Adjustment is hereby established as the City Council
and vested with such authority as is hereinafter provided, and as provided by
Minnesota Statutes section 462.357, Subdivision 6.
b) Powers. The City Council shall have the following powers:
1. To grant variances, that is, to vary and modify the strict application of any
regulations of any of the regulations or provisions contained in this Title in
cases in which there are practical difficulties in the way of such strict
applications. No variance or modification of the uses permitted within a
district shall be allowed, except as an official amendment of this
Ordinance.
2. To hear and determine appeals as to the exact boundaries of zoning
districts.
3. To interpret this Ordinance.
4. To hear and decide appeals where it is alleged that there is an error in any
order, requirement, decision or determination made by an administrative
official charged with enforcing this Ordinance.
c) Appeal Procedures. An appeal shall only be applicable to an administrative
permit, order, requirement or interpretation on intent of provisions of this
Ordinance. Opinions and evaluations as they pertain to the impact or result of a
request are not subject to the appeal procedure.
1. An appeal from an administrative action shall be filed by the property
owner or their agent with the Zoning Administrator within ten (10) days
after the making of the order, requirement, or interpretation being
appealed.
2. The property owner or their agent shall file with the Zoning Administrator
an application for appeal stating the specific grounds upon which the
appeal is made. Said application shall be accompanied by a fee as
established by the City Council. In cases where the application is judged
incomplete, the Zoning Administrator shall notify the applicant, in writing,
within ten (10) days of the date of submission.
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ORDINANCE 502 – ZONING ORDINANCE
3. An appeal stays all proceedings and furtherance of the action being
appealed unless it is certified to the City Council, after the notice of appeal
is filed, that by reasons stated in the certificate a stay would cause
imminent peril to life and property.
4. The Zoning Administrator shall instruct the appropriate staff persons to
prepare technical reports when appropriate and shall provide general
assistance in preparing a recommendation on the action to the City
Council.
5. The City Council shall consider the application for appeal at a public
meeting after a review and recommendation by the Planning Commission
and consider testimony of the property owner and City staff.
6. Pursuant to Minnesota Statutes 15.99, the City Council shall make a
decision in accordance with the timeline described for variances.
7. The Zoning Administrator shall serve a copy of the final order of the City
Council upon the applicant by mail.
Subd. 2: Variances.
a) Purpose. The variance process is intended to provide limited relief from the strict
requirements of this Ordinance in those cases where strict application of a
particular requirement will create practical difficulties due to circumstances
unique to the individual property under consideration. It is not intended that
variance be granted to allow a use not permitted by the underlying zoning district,
nor to merely remove inconveniences or financial burdens that the requirements
of this Ordinance may impose on property owners in general.
b) Criteria. A variance shall only be permitted if all of the following facts and
conditions exists:
1. The variance is consistent with the adopted St. Joseph Comprehensive
Plan.
2. The variance is in harmony with the general purposes and intent of this
Ordinance.
3. The applicant establishes that there are practical difficulties in complying
with the zoning ordinance. Practical difficulties as used in connection with
the granting of a variance shall mean:
a. The property owner proposes to use the property in a reasonable
manner not permitted by the zoning ordinance.
b. The plight of the landowner is due to the circumstances unique to the
502.06-2
ORDINANCE 502 – ZONING ORDINANCE
property not created by the landowner
c. The variance, if granted will not alter the essential character of the
locality.
4. Economic considerations alone shall not constitute practical difficulties
under the terms of this Ordinance.
5. Practical difficulties shall include, but are not limited to, inadequate access
to direct sunlight for solar energy systems.
6. Variances shall be granted for earth sheltered construction as defined in
MN Statute 216C.06, Subd. 14 as may be amended, when in harmony with
the zoning ordinance.
7. Additional Conditions: If granting a variance, the City Council may
impose conditions to ensure compliance with this Ordinance and to protect
adjacent properties.
c) Variance Procedure. Application for a variance shall be made to the Zoning
Administrator three (3) weeks prior to the next regularly scheduled Planning
Commission meeting in order to be considered at that meeting, and shall be
accompanied by the required fees as set by the City Council.
1. Information Required. The Zoning Administrator or Planning Commission
may, at their option, require all or part of the following information prior
to the public hearing on a variance request:
a. Description of site (legal description).
b. Site plan drawn at scale showing parcel and building dimensions.
c. Location of all buildings and their square footage.
d. Curb cuts, driveways, access roads, parking spaces, off-street loading
areas and sidewalks.
e. Landscaping and screening plans.
f. Drainage plan.
g. Sanitary sewer and water plans with estimated use per day.
h. Soil type.
i. Any additional data reasonably required by the Zoning Administrator
or Planning Commission.
2. Completeness. The Zoning Administrator will determine whether the
application is complete, if the application is not complete, the Zoning
Administrator will notify the applicant of any deficiencies, and take no
steps to process the application until the deficiencies are remedied. Once
the Zoning Administrator determines that the application is complete, the
application will be scheduled for consideration and for a public hearing.
502.06-3
ORDINANCE 502 – ZONING ORDINANCE
3. Fees. Every application must be accompanied by the required filing fee as
established and modified, from time to time, by the City Council. The
failure to pay such fee when due is grounds for refusal to process the
application, and for denying or revoking any permit or approval for the
subject property.
4. Withdrawal of Application. An applicant has the right to withdraw an
application at any time prior to the decision on the application by a City
Official, commission or board. Such withdrawal must be in writing and
the fee will not be refundable.
5. Planning Commission Review. The Zoning Administrator shall forward
the request to the Planning Commission who will conduct a public hearing
on the variance request and make a recommendation to the City Council
by adopting Findings of Fact.
6. Public Hearing and Notice Requirements. Written notices for the public
hearing shall be mailed not less than ten (10) days or more than thirty (30)
days to property owners within 350 feet of the affected parcel. Such notice
shall also be published in the official newspaper within the above time
period. Failure of a property owner to receive said notice shall not
invalidate any such proceedings.
4. Voting By City Council. Upon receipt of a recommendation from the
Planning Commission, or within sixty (60) days of receipt of a complete
application, whichever comes first, the City Council shall make its order
deciding the matter by approving a resolution granting or denying the
variance request.
5. Written Findings. The City Council will issue written findings stating the
reasons for its decision and any conditions imposed, and serve a copy of
its decision upon the applicant by mail within ten (10) days after its
decision.
6. Recording. A certified copy of every variance to abstract or registered
property, including the property’s legal description, must be filed with the
Stearns County Recorder or Registrar of Titles
d) Successive Applications. Whenever an application for a variance has been
considered and denied by the City Council, a similar application for a variance
affecting substantially the same property shall not be considered again by the
Planning Commission or City Council for at least one (1) year. The City Council
may permit a new application if, in its opinion, new evidence or a change in
circumstances warrant reconsideration.
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ORDINANCE 502 – ZONING ORDINANCE
e) Lapse of Variance. If within one (l) year after granting a variance the work
permitted is not started such a variance shall become null and void unless a
petition for an extension has been approved by the City Council.
502.06-5
ORDINANCE 502 – ZONING ORDINANCE
Section 502.07: CONDITIONAL USE PERMITS, INTERIM USES, AMENDMENTS AND
REZONINGS
Subd. 1: Conditional Use Permit.
a) Purpose and Scope. The purpose of this Section is to provide the Planning
Commission and City Council with a reasonable degree of discretion in
determining the suitability of certain designated uses upon the general welfare and
public safety. This is accomplished through a Conditional Use Permit, which may
be granted by the City Council for uses designated within a district as permitted
Conditional Use Permits when such uses are in harmony with both the zoning
district in which it will be located and the objectives of the comprehensive plan.
b) Procedure. Application for a Conditional Use Permit shall be made to the Zoning
Administrator three (3) weeks prior to the next regularly scheduled Planning
Commission meeting in order to be considered at that meeting, and shall be
accompanied by the required fees as set by the City Council.
1. Information Required. The Zoning Administrator or Planning Commission
may, at their option, require all or part of the following information prior
to the public hearing on a Conditional Use Permit request:
A. Description of site (legal description).
B. Site plan drawn at scale showing parcel and building dimensions.
C. Location of all buildings and their square footage.
D. Curb cuts, driveways, access roads, parking spaces, off-street
loading areas and sidewalks.
E. Landscaping and screening plans.
F. Drainage plan.
G. Sanitary sewer and water plans with estimated use per day.
H. Soil type.
I. Any additional data reasonably required by the Zoning
Administrator or Planning Commission.
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ORDINANCE 502 – ZONING ORDINANCE
2. Completeness. The Zoning Administrator will determine whether the
application is complete, if the application is not complete, the Zoning
Administrator will notify the applicant of any deficiencies, and take no
steps to process the application until the deficiencies are remedied. Once
the Zoning Administrator determines that the application is complete, the
application will be scheduled for consideration and for a public hearing.
3. Fees. Every application must be accompanied by the required filing fee as
established and modified, from time to time, by the City Council. The
failure to pay such fee when due is grounds for refusal to process the
application, and for denying or revoking any permit or approval for the
subject property.
4. Withdrawal of Application. An applicant has the right to withdraw an
application at any time prior to the decision on the application by a City
Official, commission or board. Such withdrawal must be in writing and
the fee will not be refundable.
5. Planning Commission Review. The Zoning Administrator shall forward
the request to the Planning Commission who will conduct a public hearing
on the Conditional Use Permit request and make a recommendation to the
City Council by adopting Findings of Fact.
6. Public Hearing and Notice Requirements. Written notices for the public
hearing shall be mailed not less than ten (10) days or more than thirty (30)
days to property owners within 350 feet of the affected parcel. Such notice
shall also be published in the official newspaper within the above time
period. Failure of a property owner to receive said notice shall not
invalidate any such proceedings.
7. Voting By City Council. The City Council shall act upon the report and
recommendation from the Planning Commission within the guidelines as
mandated by State Law. Upon receiving the report and recommendation
from the Planning Commission, the City Council shall have the option of
holding a public hearing if necessary and may impose any conditions
deemed necessary to protect the public health, safety and welfare of the
community. Approval of a Conditional Use Permit shall require passage
by a majority vote of the full City Council
8. Written Findings. The City Council will issue written findings stating the
reasons for its decision and any conditions imposed, and serve a copy of its
decision upon the applicant by mail within ten (10) days after its decision.
9. Recording. A certified copy of every Conditional Use Permit to abstract or
registered property, including the property’s legal description, must be filed
with the Stearns County Recorder or Registrar of Titles
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ORDINANCE 502 – ZONING ORDINANCE
c) Findings. The City Council must make the following findings when granting a
Conditional Use Permit:
1. Will not be detrimental to or endanger the public health, safety, morals,
comfort, convenience or general welfare of the neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of
the comprehensive plan of the City and this Ordinance.
3. Will be designed, constructed, operated and maintained so as to be
harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and will not change the essential character
of that area.
4. Will not be hazardous or disturbing to existing of future neighboring uses.
5. Will be served adequately by essential public facilities and services,
including utilities, streets, police and fire protection, drainage structures,
refuse disposal, water and sewer systems, schools, and other necessary
facilities.
6. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare
of the community.
7. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property,
or the general welfare because of excessive production of traffic, noise,
smoke, fumes, glare or odors.
8. Will have vehicular approaches to the property which are so designed as
not to create traffic congestion or an interference with traffic or
surrounding public thoroughfares.
9. Will have adequate facilities to provide sufficient off-street parking and
loading space to serve the proposed use.
10. Will not result in the destruction, loss or damage of a natural, scenic, or
historic feature of major importance.
11. That soil conditions are adequate to accommodate the proposed use.
d) Denial for Non-Compliance. If the Planning Commission recommends denial of
a Conditional Use Permit or the Council orders such denial, it shall include in its
recommendations or determination findings as to the ways in which the proposed
use does not comply with the findings required by this Ordinance.
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ORDINANCE 502 – ZONING ORDINANCE
e) Appeals. All decisions by the Council involving a Conditional Use Permit shall
be final except that an aggrieved person or persons shall have the right to file an
appeal within thirty (30) days of the decision with the Stearns County District
Court.
f) Conditions. In the granting of its approval, City Council may impose conditions
regarding the location, character and other features of the proposed building,
structure or use as it may deem advisable in the furtherance of the purposes of
this Ordinance. Violation of any such condition is a violation of this Ordinance.
These conditions may include but are not limited to the following:
1. Controlling the location and number of access points thereon with
particular reference to vehicle and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or other catastrophe.
2. Requiring diking, berming, fencing, screening, landscaping or other
facilities to protect adjacent or nearby property.
3. Limiting the number, size, location or lighting of signs, and proposed
exterior lighting with reference to glare, traffic safety, economic effect and
compatibility and harmony with properties in the district.
4. Designating sites for open space.
5. Increasing the required lot size or yard dimensions.
6. Limiting the height, size, number or location of buildings.
7. Designating operating hours and noise levels.
8. Any other condition the Planning Commission or City Council deems
necessary to protect the public interest.
g) Successive Applications. Whenever an application for a Conditional Use Permit
has been considered and denied by the City Council, a similar application for a
Conditional Use Permit affecting substantially the same property shall not be
considered again by the Planning Commission or City Council for at least one (1)
year from the date of its denial. The City Council may permit a new application;
if in the opinion of the City Council, new evidence or a change of circumstances
warrant reconsideration.
h) Expiration. If within one (l) year after issuance of granting a Conditional Use
permit the use permitted has not started, then the permit is null and void, unless
the City Council has approved a petition for an extension. Conditional Use Permit
Permits expire if the authorized use ceases for any reason for more than one (1)
year.
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 2. Interim Use Permit.
a) Purpose. The purpose and intent of allowing interim uses is:
1. To allow a use for a limited period of time that reasonably utilizes the
property in the manner not permitted in the applicable zoning district.
2. To allow a use that is presently acceptable but that, with anticipated
development, may not be acceptable in the future.
b) Application, Public Hearing, Notice and Procedure. The application, public
notice and procedure requirements for Interim Use Permits shall be the same as
those for Conditional Use Permits as provided in this Ordinance.
c) Findings. The Planning Commission shall recommend an interim use permit and
the Council shall issue such interim use permits only if it finds that such use at the
proposed location:
1. Meets this Ordinance.
2. Conforms to the zoning regulations, performance standards and other
requirements of this Ordinance.
3. Is allowed as an interim use in the applicable zoning district.
4. Will terminate upon a tangible date or event specified in the resolution
approving said interim use permit.
5. Will not impose, by agreement, additional costs on the public if it is
necessary for the public to take the property in the future.
6. Will be subjected to, by agreement with the owner, any conditions that the
City Council has deemed appropriate for permission of the use, including
a condition that the owner will provide an appropriate financial surety to
cover the cost of removing the interim use and any interim structures upon
the expiration of the interim use permit.
d) Termination. An interim use permit shall terminate upon the occurrence of any of
the following events; whichever first occurs:
1. The date specified in the permit;
2. A violation of the conditions under which the permit was issued; or
3. A change in the City’s zoning regulations which render the use
nonconforming.
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ORDINANCE 502 – ZONING ORDINANCE
4. The permit is not utilized for a period of one (1) year from the date issued.
e) Successive Applications. Whenever an application for an interim use permit has
been considered and denied by the City Council, a similar application for an
interim use permit affecting substantially the same property shall not be
considered again by the Planning Commission or City Council for at least one (1)
year from the date of its denial.
f) Appeals. All decisions by the Council involving an interim use permit request
shall be final except that an aggrieved person or persons shall have the right to
file an appeal within thirty (30) days of the decision with the Stearns County
District Court.
g) Conditions. In granting approval of the interim use, the City Council may impose
such conditions regarding the location, character and other features of the
proposed building, structure or use as it may deem advisable in the furtherance of
the purposes of this Ordinance.
Subd. 3. Amendments and Rezoning of Parcels Depicted on the Official Zoning Map.
a) General. This Ordinance, which includes the official zoning map, may be
amended by following the procedure specified in this section.
b) Initiation/Application. An amendment may be initiated by the following
procedures:
1. Upon the initiative of the City Council or the Planning Commission, or
2. By petition of fifty percent (50%) or greater of the property owners
affected by the proposed amendment and fifty percent (50%) of those
property owners within three hundred fifty (350) feet of the proposed
change. If a property owner initiates a rezoning request the owner shall
provide a boundary survey and preliminary building and site development
plans prior to consideration of the request.
3. If the proposed rezoning request is consistent with the proposed future
land use identified in the City’s Comprehensive Plan, an owner may
petition for the rezoning without signature of 50% of the affected property
owners within 350 feet. If a property owner initiates a rezoning request
the owner shall provide a boundary survey and preliminary building and
site development plans prior to consideration of the request.
4. A petition, when filed with the Zoning Administrator, shall be
accompanied by the fee established by the City Council in order to defray
the expenses incurred by advertising, public hearing, etc. In order for the
complete petition to be heard at the next regularly scheduled Planning
Commission meeting, it must be received by the Zoning Administrator
502.07-6
ORDINANCE 502 – ZONING ORDINANCE
three (3) weeks before that meeting.
c) Action by Planning Commission.
1. An amendment not initiated by the Planning Commission shall be referred
to the Commission for study and report, and may not be acted upon by the
City Council prior to the recommendation of the Planning Commission.
The Zoning Administrator will review the proposed amendment and
provide the Planning Commission with a staff report.
2. The Planning Commission shall hold at least one (l) public hearing on any
petition for an amendment or rezoning after notice of the time and place of
such hearing has been published in accordance with State Law. The City
will publish notice of the public hearing in the City’s official newspaper at
least ten (10) days before the public hearing and not more than thirty (30)
days. The City will also mail notice of the public hearing to individual
property owners within three hundred fifty (350) feet of the parcel
included in the request at least ten (10) days before the public hearing and
not more than thirty (30) days.
3. The City Council shall not rezone any land or area in any zoning district
without having first referred it to the Planning Commission for
recommendation. Any other proposed amendment to this Ordinance shall
be referred to the Planning Commission.
d) Action by City Council. The City Council shall hold public hearings as it deems
advisable. The City Council shall review the Planning Commission’s
recommendation and any other additional testimony and material and shall adopt
or deny the proposed rezoning or amendment or any part of it as the City Council
deems advisable.
e) Successive Applications. No application of a property owner for an amendment or
rezoning will be considered within the one (1) year period following a denial of
such request. The City Council may permit a new application, if in the opinion of
the City Council, new evidence or a change or circumstances warrant it.
f) Appeal. A petitioner may appeal the City Council’s decision within 30 days of the
decision to the Stearns County District Court as provided by law.
g) Recording. The City will record all Ordinances amending the Zoning Ordinance
or rezoning any property. The Zoning Administrator will revise the City’s Official
Zoning Map when property within the City is rezoned.
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ORDINANCE 502 – ZONING ORDINANCE
Section 502.08: NON-CONFORMING USES
Subd. 1: Intent. It is not the intent of this section to encourage the non-conforming use
of land. Non-conformities are declared by this Ordinance to be incompatible with permitted uses
in the districts in which the non-conformity occurs. A non-conforming use of a structure, a
non-conforming use of land, or a non-conforming use of a structure and land in combination
shall not be extended or enlarged after passage of this Ordinance by attachment on a building or
land of additional signs intended to be seen from off the premises, or by the addition of other
uses of a nature which would be generally prohibited in the district in which such use is located.
Subd. 2: Continuation of Non-Conforming Use. Any nonconformity, including the
lawful use or occupation of land or premises existing at the time of the adoption of this
Ordinance may be continued, including through repair, replacement, restoration, maintenance, or
improvement, but not including expansion, unless
a) the nonconformity or occupancy ceases for a period of one year; or
b) the nonconforming use is destroyed by fire, collapse, explosion or acts of God, or
public enemy or other peril to the extent of 50 percent, or greater, of its market
value and no building permit has been applied for within 180 days of when the
property is damaged.
Any subsequent use or occupancy of the land or premises shall be a conforming use or
occupancy.
Subd. 3: Extension or Expansion of Non-conforming Use. A non-conforming use of a
residential, commercial or industrial building may not be extended or expanded by adding onto
the building. A non-conforming use of a residential, commercial or industrial land shall not be
enlarged, expanded, increased or extended to occupy a greater area than was occupied when the
use became non-conforming, except as specifically provided in Subd. 6 of this section.
Subd. 4: Structural Change. No existing structure devoted to a non-conforming use shall
be enlarged, extended, reconstructed, moved, or structurally altered except in changing the use of
the structure to a conforming use.
Subd. 5: Maintenance. Maintenance of a building or other structure containing or used
for a non-conforming use will be permitted when it includes necessary non-structural repairs and
incidental alterations which do not extend or intensify the non-conforming building or use.
Subd. 6: Residential Alterations. Alterations may be made to a residential building
containing non-conforming residential units when they will improve the livability and safety of
such units provided, however, that they do not increase the number of dwelling units in the
building. Additions may be made to non-conforming residential buildings, limited to an increase
in the living area of no more than 20% of the existing main floor square footage. The
construction and alteration of garages and accessory buildings is also permitted, as long as the
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ORDINANCE 502 – ZONING ORDINANCE
improvements conform to the zoning requirements for both the zoned use of the property, and
the non-conforming use.
Subd. 7: Change of Non-conforming Use. A non-conforming use cannot be changed to a
comparable non-conforming use. Whenever a non-conforming use has been changed to a
conforming use, or to a use permitted in a district of greater restrictions, it shall not thereafter be
changed to a non-conforming use of a less restricted district.
Subd. 8: Restoration After Destruction. Any non-conforming building or structure
damaged by fire, collapse, explosion or acts of God, or public enemy by:
a) more than fifty (50) percent of its market value (exclusive of foundations) as
appraised by an independent appraiser at the time of damage, shall not be restored
or reconstructed and used as before such a happening unless a building permit
has been applied for within 180 days after the property is damaged. The
reconstruction must be of like or similar materials or the architectural design and
building materials must be approved by the Planning Commission. Any
restoration permitted must be complete within twelve months of the happening.
If the City determines that more than 50% of the structure has been destroyed and
the property owner makes application for a building permit after the 180 day period the
following will apply:
i. If the property owner disputes the City’s determination that more than
50% of the structure has been destroyed, he/she may, at his/her sole
expense, hire an independent appraiser to determine the market value and
present the appraisal to the City Council for reconsideration.
ii. If the City Council maintains its determination after receiving the
appraisal, the property owner shall have the right to appeal the City’s
market value determination to the Board of Appeals and Adjustments.
Such appeal must be brought within thirty (30) days receiving the
appraisal.
b) less than fifty (50) percent of its market value above the foundation, it may be
restored, reconstructed or used as before provided that it is done within twelve
(12) months of the happening and that it be built of like or similar materials, or
the architectural design and building materials are approved by the Planning
Commission.
Subd. 9: Discontinuance of Non-Conforming Use. If a non-conforming use of a
building or land is discontinued or ceased for a period of one year or more, or if the use is
involuntarily discontinued and ceased because of the revocation of a permit or the right to
engage in the use, subsequent use of such building or land shall conform thereafter to the use
permitted in the district in which it is located.
Subd. 10: Junkyard. No junkyard may continue as a non-conforming use for more than
thirty (30) years after the effective date of this Ordinance, except that a junkyard may continue as
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ORDINANCE 502 – ZONING ORDINANCE
a non-conforming use in an industrial district if within that period it is completely enclosed
within a building or within a continuous solid fence of not less than eight (8) feet in height or
other approved screening which screens completely the operations of the junkyard. Approval of
the fence or screen design shall be obtained from the Planning Commission.
Subd. 11: Signs. Signs pertaining to or advertising products sold on the premises of a
non-conforming building or use may be continued only when the non-conforming use is
permitted to continue and such signs shall not be expanded in number, area, height, or
illumination. New signs not to exceed the maximum allowed under Ordinance 502.11 may be
erected only after all other signs existing at the time of the adoption of this Ordinance have been
removed. New signs in conformity with the above may have illumination not to exceed 240
watts on one face of the sign, but flashing intermittent or moving illumination is not permitted.
Subd. 12: Buildings Under Construction and Building Permits Granted Prior to Adoption
of Ordinance. Any proposed structure which will, under this Ordinance, become
non-conforming but for which a building permit has been lawfully granted prior to the effective
date of this Ordinance, may be completed in accordance with the approved plans; provided
construction is started within sixty (60) days of the effective date of this Ordinance, is not
abandoned for a period of more than 120 days, and continues to completion within two (2) years.
Such structure and use shall thereafter be a legally non-conforming structure and use.
Subd. 13: Non-conforming Lots of Record. Where a lot of record exists within the City
which is vacant or built upon, but does not meet the lot requirements of the zone at the effective
date of this Ordinance, and the proposed or existing use is a permitted or permitted accessory use
for that zone, a building permit may be issued to build a new structure or reconstruct a destroyed
structure as outlined in this Ordinance; provided that yard setback requirements are met.
Subd.14: Non-Conforming Lots. A single-family dwelling and customary accessory
building, notwithstanding limitations imposed by other provisions of this Ordinance, may be
erected in any district in which single-family dwellings are permitted on any single lot of record
at the effective date of adoption of or amendment to this Ordinance. Such lot must be in separate
ownership and not of continuous frontage with other lots in the same ownership. The provisions
shall apply even though such lot fails to meet the zoning requirements for area or width, or both,
that are generally applicable in the district, provided that yard dimensions and other requirements
not involving area or width, or both, of the lot shall conform to the regulations for the district in
which such lot is located. If, in a group of two (2) or more lots under the same ownership, any
individual lot does not meet the area and width requirements of this Ordinance, the lot must not
be considered as a separate parcel or land for the purpose of sale or development. The lot must
be combined with the one (1) or more contiguous lots so they equal one (1) or more parcels of
land, each meeting the area and width requirements of this Ordinance. Variances of area, width
and yard requirements shall be obtained only in accordance with this Ordinance.
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ORDINANCE 502 – ZONING ORDINANCE
Section 502.09: PUD – PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT
Subd. 1: Purpose and Intent. The purpose of this section is to provide for the
modification of certain regulations when it can be demonstrated that such modification would
result in a development, which would not increase the density and intensity of land use beyond
that which would be allowed if no regulations were modified; would preserve or create features
or facilities of benefit to the community such as, but not limited to natural resources, open space
or active recreational facilities, which features or facilities would not have been provided if no
regulations were modified, would be compatible with surrounding development, and would
conform to the goals and policies of the Comprehensive Plan. Throughout this title, “PUD” shall
mean the same as “planned unit development”.
Subd. 2: Benefit to the Public Intended. PUD’s are intended to encourage the efficient
use of land and resources, to promote greater efficiency in public utility services and encourage
innovation in the planning and building of all types of development. It is not the intent of this
section to be a means in which to avoid meeting the minimum standards of the underlying zoning
district. Planned unit developments shall demonstrate at least one of the following benefits to the
public. The applicant bears the burden of proving one or more public benefits exist:
a) Innovations in residential development that:
1. Proactively and tangibly address the demand for housing for all economic
levels;
2. Provide greater variety in tenure, type, design and sitting of dwellings.
b) The reestablishment, preservation and/or enhancement of desirable site
characteristics such as natural vegetation, topographic and geologic features.
c) A variety of housing types/densities together with preservation of open
space/natural features within one development.
d) The creation of active and/or passive recreational opportunities and/or facilities
that would not have been provided if no regulations were modified.
e) Promote Mixed Uses: Promote mixed uses so that not only may the unit be solely
residential or commercial, but it may also contain a combination of uses (mixed
residential or residential – commercial) for greater convenience to the residents.
Subd. 3: Types of Planned Unit Developments – Where Permitted.
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ORDINANCE 502 – ZONING ORDINANCE
a) Two types of planned unit developments are hereby established subject to the use
regulations of the zone in which the PUD is proposed to be located and provided
to the standard of subsection B (immediately following) are achieved:
1. Single-family PUD’s, comprised of detached dwelling units on individual
lots, necessary streets rights-of-way to serve such dwelling units and any
common open space, recreational facilities or other areas or facilities.
2. Non-single-family PUD’s, comprised of (a) attached dwelling units,
detached dwelling units not on individual lots, multiple use, retail,
commercial, recreational, office, service or industrial buildings, or any
combination thereof, the necessary streets and other public and/or private
rights-of-way to serve such uses, and any appurtenant common open
space, recreational facilities or other areas or facilities.
3. A PUD may comprise both of the above types, subject to compliance with
the use regulations of the zone in which the PUD is proposed to be
located.
b) Planned unit developments may be located in any zone subject to use regulations;
provided, that:
1. Uses permitted in the PUD shall be governed by the use regulations of the
underlying zoning classification or other generally applicable city
regulations governing permitted uses, including special district
regulations; and,
2. There is no standard minimum size requirement for any PUD. However,
the size of the proposed development would be such that this form of
development is logical and adheres to the overall purpose of this
Ordinance.
3. The design of a PUD shall take into account the relationship of the site to
the surrounding areas. The perimeter of the PUD shall be so designed as to
minimize undesirable impact of the PUD on adjacent properties and,
conversely, to minimize undesirable impact of adjacent land use and
development characteristics on the PUD.
4. Common open space shall be either held in common ownership by all
owners in the PUD or dedicated for public use with approval of the City
Council. Whenever possible, common open space shall be linked to the
open space areas of adjoining developments. Common open space shall be
of such size, shape, character, and locations as to be useable for its
proposed purpose.
.
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 4: General Requirements/Permitted Modifications.
a) In General. In considering a proposed planned unit development project, the
approval thereof may involve modifications in the regulations, requirements and
the standards of the zone in which the project is located, and in the subdivision
ordinance, including but not limited to, use, setbacks, lot sizes, width and depth.
In modifying such regulations, requirements and standards as they may apply to a
planned unit development project the standard identified within this subsection
and the limitations set forth in this subsections B and C (immediately following)
shall apply. In order to be granted any such modifications, the applicant shall
demonstrate that the proposed development complies with the purpose of this
section. The applicant shall bear the burden of supporting any change in
requirements. The city may increase any requirement necessary to make the
project conform to the purposes of this section.
1. Allowed Uses. Uses within the PUD may include only the uses generally
considered associated with the general land use category shown for the
area on the official Comprehensive Plan Land Use Plan. Specific allowed
uses and performance standards for each PUD shall be delineated in the
rezoning ordinance (if required), the development plan and the
development agreement. The PUD development plan and agreement shall
identify all the proposed land uses and those uses shall become permitted
uses with the acceptance of the development plan and agreement. Any
change in the list of uses presented in the development plan and agreement
will be considered a major amendment to the PUD and will follow the
procedure described herein relative to major PUD amendments.
3. Distance Between Buildings. The planning commission shall set minimum
distances between structures to assure adequate sunlight and open space;
provided, that minimum distances required by building and fire codes
shall be met.
2. Building Design. Buildings shall be designed to prevent the appearance of
straight, unbroken lines in their horizontal and vertical surfaces. No
residential building shall have a single exterior wall longer than forty (40)
feet without an offset in the exterior wall. Offsets between walls shall be at
least thirty-two (32) inches and shall not exceed ten (10) feet.
3.. Building Dimensions. Building height shall be governed by the
requirements of the underlying zone district classification as set forth
therewith.
4.. Uses. All permitted, permitted accessory and/or conditional uses contained
in the underlying zoning district shall be treated as permitted, permitted
accessory and conditional uses in PUD overlay district. Uses not listed as
permitted or conditional in a specific district shall not be allowed in a
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ORDINANCE 502 – ZONING ORDINANCE
PUD unless it is found that the use is complimentary to the functionality
of the development and the other uses found therein.
5.. Density. An increase in density may be permitted to encourage the
preservation of natural topography and geological features. The minimum
lot size requirements of other sections of this ordinance do not apply to a
PUD except that the minimum lot size requirements of the underlying
zone shall determine the maximum dwelling unit density of a total
development. The maximum dwelling unit density shall be determined by
the area remaining after appropriate space for street right of way, other
public dedications, such as but not limited to storm water detention ponds,
trails and parklands have been determined and subtracted from the total
PUD area. Excluded from the calculation of developable property shall be
areas which would normally not be developable, such as waterways or
water bodies, shorelands, flood plains, and the like in addition to areas
required for streets, parks, pedestrian facilities, storm water controls and
placement of public utilities. Wetlands can be utilized to determine the
area of developable land. The maximum density for multiple dwellings
under the PUD shall be one bedroom unit for each 2,500 square feet of lot
area, one two bedroom unit for each 3,000 square feet of lot area, and one
three bedroom unit for each 3,500 square feet of lot area and for each
additional bedroom (over 3) per unit, an additional 500 square feet of lot
area. If the property involved in the PUD includes land in more than one
zoning district, the number of dwelling units or the square footage of
commercial, residential or industrial uses in the PUD shall be proportional
to the amount that would be allowed separately on the parcels located in
each of the underlying zoning districts.
6.. Off-street parking and loading. Off-street parking and loading space shall
be provided in each PUD in the same ratios for types of buildings and uses
as required in Section 502.10 of this Ordinance. The City may reduce the
number of parking spaces required provided the PUD applicants submit
information demonstrating a reduced need for parking facilities (e.g.
senior housing complex, PUD’s featuring joint parking facilities, parking
study, proximity to and availability of bus service coupled with transit-
friendly design, etc).
7.. Street Design and Requirements. The major internal streets serving each
planned unit development shall be functionally connected to at least one
minor arterial or collector street as defined by the comprehensive plan.
b) In Single-Family PUDs. Single-family PUDs shall be subject to the
following limitations in modification of regulations in addition to
those limitations set forth in subsection a (above, entitled
“permitted modifications of regulations, in general”)
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ORDINANCE 502 – ZONING ORDINANCE
1. The minimum lot size as required in underlying zoning
classification may be reduced by up to 15 percent;
provided, that an area(s), not including a critical area or
storm water conveyance or storage facility, equal to the
combined reduction in lot area is set aside for the
following:
A. Common useable open space comprising of
landscaping and facilities such as, but not limited to
play areas, trails, picnic tables and benches;
B. Areas containing significant trees as defined by the
City;
C. Other non-critical areas, the preservation or creation
of which promote one or more goals and or goals
and/or policies of the comprehensive plan;
D. The applicant shall demonstrate that the area
proposed to be set aside creates a public benefit
which would not exist if the minimum lot size were
not modified.
2. The minimum lot width as required within the underlying
zoning classification may be reduced up to 10 percent;
c) Non-single-family PUDs shall be subject to the following
limitations in modification of regulations in addition to those
limitations set forth within the underlying zoning classification.
1. When a PUD containing dwelling units is proposed on
property having more than one underlying residential zone,
the total number of dwelling units allowed may be
determined by totaling the number of dwelling units
allowed to be located on each portion of the PUD area
located in a separate zone according to the regulations of
that zone.
2. The City, at its discretion, may allow the number of units
arrived at under subsection c-1 (immediately above) be
located anywhere within the planned unit development
subject to the PUD approval process set forth in this
chapter and provided that the City make a finding of fact
that a public benefit resulting from such action is present.
502.09-5
ORDINANCE 502 – ZONING ORDINANCE
Subd. 5: Subdivision Requirements. The approval of a subdivision shall be required of
all projects which involve or contemplate the subdivision of land and the procedures set forth in
the subdivision ordinance shall be followed concurrently herewith. The approved final
development plan shall be a binding site plan.
Subd. 6: Pre-Application/Informational Meeting and Concept Plan Required.
a) Prior to filing an application for Preliminary PUD plan approval, the applicant of
the proposed PUD shall arrange for and attend an informational meeting with City
staff. At such conference, the applicant shall be prepared to generally describe
their proposal for a PUD. The primary purpose of the meeting shall be to provide
the applicant with an opportunity to gather information and obtain guidance as to
the general suitability of the conformity to the provisions of this code before
incurring substantial expense in the preparation of detailed plans, surveys, and
other data.
b) Following a pre-application/informal meeting, but prior to submitting an
application for preliminary plan approval, the applicant for a proposed PUD shall
submit to the City a general concept plan.
1. Purpose. The general concept plan provides an opportunity for the
applicant to submit a plan to the City showing their basic intent and the
general nature of the entire development without incurring substantial
cost. This concept plan is not considered an application for development.
Review and acceptance of the concept plan by City staff does not
constitute approval of the plan by the City. Review and acceptance of the
concept plan merely allows the applicant to initiate the development
process after an application has been submitted to the City. The concept
plan is simply an informal method of providing information to the
developer as to whether the plan is generally acceptable or whether the
plan has problem areas.
The general concept plan should include the following elements:
A. Overall maximum PUD density range.
B. General location of major streets and pedestrian walkways.
C. General location and extent of public and/or common open
space.
D. General location of residential and non-residential land
uses with approximate intensities of development.
E. Staging and timetable of development.
F. Other special criteria for development.
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 7: Preliminary and Final Plan Approval Required.
a) Each PUD shall require preliminary and final approval.
b) If land subdivision is requested in conjunction with the PUD plan, both
preliminary and final PUD approvals shall be processed concurrently with the
platting procedures set forth in the City’s Subdivision Ordinance. Required data,
parkland/fee in lieu of parkland dedication, design standards and required
improvements shall be the same as per a conventional subdivision and as set forth
within the City’s Subdivision Ordinance. In addition to the data requirements
itemized within the Subdivision Ordinance the application shall also include
information necessary to process the PUD preliminary and final plan(s) as
contained within this chapter. The Zoning Administrator may waive requirements
determined to be redundant.
Subd. 8: Phased Development. Development of the project may be phased, in which case
each complete phase may be processed separately through both preliminary development plan
review and final development plan review. A map showing all property owned or controlled by
the developer which is contiguous to the development site or which is within the area determined
by the City to be relevant for comprehensive planning and environmental assessment purposes,
together with a preliminary plat of said properties’ eventual development through all potential
phases shall be submitted with the application for the first phase. The developer is not
responsible for providing a preliminary plat for contiguous or nearby property which is not
owned or controlled by the developer. The preliminary plat shall conform to the purposes of this
section and shall be used by the City to review all phases of the development. All phases of this
development shall conform to the preliminary plat, all conditions of approval and applicable
regulations.
Subd. 9: Preliminary PUDs – Contents of Complete Application.
a) The applicant shall file with the City a preliminary plat plan which is consistent
with the requirements of the City’s Subdivision Ordinance. The preliminary plat
plan shall include the following:
1. A legal description of the property proposed to be developed;
2. A map of the subject property and surrounding area determined by the
City to be relevant for comprehensive planning, environmental assessment
or zoning review purposes, which shall depict comprehensive plan
designations, zoning classifications and existing land uses and utility
mains/urban facilities including parks and streets;
3. A proposed site plan for the subject property depicting the following:
A. Identify all setbacks for lots and other areas of the development.
502.09-7
ORDINANCE 502 – ZONING ORDINANCE
B. Identify boundaries of areas of trees. Also identify areas where
there are trees eight inches in trunk diameter measured four feet
above the base of the trunk;
C. Designated placement, location, and principal dimensions of lots,
buildings, streets, parking areas, recreation areas and other open
space, landscaping areas and utilities;
D. If the developer owns or otherwise controls property adjacent to
the proposed development, a conceptual plan for such property
demonstrating that it can be developed in a compatible manner
with the proposed development;
E. Park and trail plan pursuant to the Subdivision Ordinance
4. A conceptual landscape plan showing existing and proposed landscaping
including groundcover, shrubbery and tree species;
5. Drawing and/or text showing scale, bulk and architectural character of
proposed structures;
6. For single-family PUDs, a conceptual drawing depicting the number and
location of lots which would be allowed if no regulations were modified;
7. Special features including but not limited to critical areas and site or
structures of historic significance;
8. Text describing conditions or features which cannot be adequately
displayed on maps or drawings;
9. A narrative stating how the proposed development complies with the goals
and policies of the Comprehensive Plan;
10. A narrative itemizing all proposed land uses (permitted, conditional,
interim, accessory) conditions related thereto (proposed and as required
within the underlying zoning classification) and the extent of proposed
uses (i.e. number of units; density allowed via underlying zoning
classifications and density proposed for the PUD;
11. A narrative stating how the proposed PUD plan impacts adjacent property
owners;
12. A narrative describing proposed operation/maintenance of the
development including open areas, storm water features and recreational
facilities resulting from the subdivision;
502.09-8
ORDINANCE 502 – ZONING ORDINANCE
13. If applicable, draft conditions, covenants and restrictions and other
documents relating to operation and maintenance of the development,
including all of its open areas and recreational facilities;
14. Information normally required within the underlying zoning classification
relating to site plan review.
15. Other information required by the City and the Subdivision Ordinance,
Ordinance 540.
b) The applicant may submit to the Zoning Administrator director proposed
development standards, which, if approved by the City, shall be come a part of the
preliminary plan in lieu of the requirement of subsection a-2 of this section for
specifying placement, location and principal dimensions of buildings, streets, and
parking areas. This alternative process is intended to accommodate the need for
flexibility in large-scale non-single-family developments, while insuring that
sufficient information as to the nature of the development is available upon which
to base a decision concerning the preliminary development plan. Proposed
development standards shall specifically set forth parameters for location,
dimensions and design of buildings, streets and parking areas.
Subd 10: Preliminary PUDs – Criteria for Approval.
a) Preliminary PUD approval shall be granted by the City only if the applicant
demonstrates that:
1. The proposed project shall not be detrimental to present and potential
surrounding land use.
2. Land surrounding the proposed development can be planned in
coordination with the proposed development and can be developed so as
to be mutually compatible.
3. Streets and sidewalks, existing and proposed, are suitable and adequate to
carry anticipated traffic within the proposed project and an in the vicinity
of the proposed project, in light of the criteria set forth in the Subdivision
Ordinance and the comprehensive plan.
4. Services including portable water, sanitary sewer and storm drainage are
available or can be provided by the development prior to occupancy.
5. Each phase of the proposed development, as it is planned to be completed,
contains the required parking spaces, recreation spaces, landscape and
utility areas necessary for creating and sustaining a desirable and stable
environment.
502.09-9
ORDINANCE 502 – ZONING ORDINANCE
6. The project conforms to the purposes and standards prescribed in this
chapter.
7. The project conforms to the Comprehensive Plan.
b) Conformance with the design standards and required improvements as set forth
within the Subdivision Ordinance.
Subd. 11: Preliminary PUDs – Minor and Major Changes to an Approved Preliminary
PUD.
a) A proposed minor change to an approved PUD require a public hearing and shall
be incorporated into the application for final PUD approval, and any notification
regarding such final PUD approval shall describe the proposed minor change(s).
A “minor change” means any departure from the conditions of preliminary
approval which is not a “major change” and includes but is not limited to the
following:
1. Revisions to a number of dwelling units in a structure;
2. Revisions to number of non-residential structures;
3. Revisions to heights of structures;
4. Revisions to location of internal roads;
5. Revisions similar in nature to those above as determined by the City.
b) A proposed major change to an approved preliminary PUD shall require
reapplication for preliminary PUD approval and any notification regarding such
preliminary PUD approval shall describe the proposed major change or changes.
A major change is any departure from the conditions of the preliminary PUD
approval which would result in any of the following:
1. Revisions to the approved design concept;
2. Revisions to the approved use(s);
3. An increase in the number of residential dwelling units;
4. An increase in square footage of non-residential structures;
5. A decrease in the amount of landscaping, site perimeter buffering, and
open space; and
6. An increase in traffic volumes or change in circulation patterns which
impacts surrounding development.
502.09-10
ORDINANCE 502 – ZONING ORDINANCE
Subd. 12: Final PUDs – Contents of Complete Application. Within 12 months following
the approval of the preliminary PUD, the applicant shall file with the City a final PUD
conforming to the approved preliminary PUD. The final PUD shall include all the requirements
under the Subdivision Ordinance, and the following information:
1. A survey of the property, showing for all areas to be developed or
disturbed existing features, including an identification of all setbacks for
each lot and the boundaries for the development, buildings, structures,
trees over eight inches in trunk diameter measured four feet above the base
of the trunk, streets, utility easements, rights-of-way, and existing land
uses;
2. Elevation and perspective drawings of project structures and
improvements;
3. Proposed final conditions, covenants and restrictions (CC&Rs) and other
documents relating to operation and maintenance of the development,
including all of its open areas and recreational facilities, which CC&Rs
and other documents shall be recorded upon final PUD approval;
4. Proposed final agreements which may have been required as conditions of
preliminary PUD approval;
5. A development schedule;
6. The following plans and diagrams;
A. An off-street parking plan;
B. Landscaping and tree planting plan, including site grading;
C. Park and trail plan consistent with the Subdivision Ordinance
Subd. 13: Final PUDs – Criteria for Approval. Final PUD approval shall be granted by
the City only if the applicant demonstrates that the final PUD substantially conforms to the
approved preliminary PUD. For the purposes of this section, “substantially conforms” means
that, as compared to the preliminary PUD, the final PUD contains no revisions in density, uses,
design or development standards or in the site plan, other than the minor changes pursuant to
Subd. 11 of this section.
Subd. 14: Final PUDs – Failure to File – Termination.
a) In the event the final PUD or any required attendant papers are not filed within
ninety (90) days following approval of a preliminary PUD, except as provided
elsewhere in this Section or as noted in subsection b (immediately following this
502.09-11
ORDINANCE 502 – ZONING ORDINANCE
subsection), the approval of the preliminary PUD shall lapse and the approval
shall be deemed null and void and without force or effect.
b) When it is determined as part of the preliminary PUD approval that the final PUD
is to be phased, the final PUD for the first phase shall be submitted within 12
months of preliminary approval. The final development plan for each subsequent
phase shall be submitted within the schedule established at the time of preliminary
PUD approval. In the case of a PUD, which includes a subdivision, the final PUD
shall be submitted within five years of receiving preliminary approval.
c) The time period for filing of final PUDs shall not include periods of time during
which progress on the final PUD was reasonable halted or delayed due to the
filing and pendency of legal actions challenging an approval granted by the City
pursuant to this Section; provided, that in all cases when more than two years
have elapsed subsequent to the date of approval of a preliminary PUD the
permittee shall be required to comply with all current building, construction,
subdivision and other applicable standards of the City prior to being granted
approval of the final PUD; provided, that a change in zoning district classification
enacted subsequent to approval of the final development plan shall not affect the
project.
Subd. 15: Final PUDs – Adjustments to Approved Final PUD.
a) The Zoning Administrator is authorized to allow adjustments in accordance with
subsection b (which immediately follows this section) of this Section. The Zoning
Administrator shall allow only such adjustments as are consistent with guidelines
established in subsection b of this section, and in no case shall an adjustment be
allow if it will increase the total amount of floor space authorized in the approved
final PUD, or the number of dwelling units or density, or decrease the amount of
parking or loading facilities or permit buildings to locate substantially closer to
any boundary line or change substantially any point of ingress or egress to the
site.
b) For the purposes of this section, “adjustments” means any departure from the
conditions of final PUD approval which complies with the following criteria:
1. The adjustment maintains the design intent and quality of the original
approval;
2. The amount of landscaping, buffering and open space shall not be
reduced;
3. The number of dwelling units in residential developments and the square
footage of structures shall not increase;
502.09-12
ORDINANCE 502 – ZONING ORDINANCE
4. The adjustment shall not relocate a building, street or other use more than
20 feet in any direction and shall not reduce any required yard and/or
setback;
5. The height of buildings and other structures shall not increase;
6. Views from both structures on-site and off-site shall not be substantially
reduced;
7. Traffic volumes shall not increase and circulation patterns shall not
change;
8. Changes in colors, plant material and parking lot configurations are minor;
9. The adjustment does not add significant new environmental impacts or
significantly increase environmental impacts disclosed in the original
documents;
10. The Zoning Administrator determines that the change will not increase
any adverse impacts or undesirable effects of the project, or that the
change in no way significantly alters the project.
c) If proposed amendments to an approved PUD can not be classified as an
“adjustment”, the PUD shall be amended using the “Minor and Major Changes to
an Approved Preliminary PUD” process described in Subd. 11 herein.
Subd. 16: Developers Agreement Required for Final PUD. Prior to the installation of
required improvements mandated by the Subdivision Ordinance, and prior to approval of the
Final Plat for the PUD, the developer shall enter into a contract with the City requiring that the
developer furnish and construct improvements required by the Subdivision Ordinance at the
developer’s expense and in accordance with plans and specifications to be approved by the City
Engineer. The City/Developer contract shall stipulate the type and extent of the improvements to
be constructed, the cost of construction, the construction time schedule, the City's authority to
inspect the construction and the amount of the escrow deposit performance bond, warranty bond
and labor and material man bond to be furnished. The City/Developer Agreement shall be in
substantially similar form and content as provided for in the Subdivision Ordinance.
Subd. 17: Operating and Maintenance Requirements for PUD Common Open Space and
Service Facilities.
a) Whenever common open space or service facilities are provided within the PUD,
the PUD plan shall contain provisions to assure the continued operation and
maintenance of such open space and service facilities to a predetermined
reasonable standard.
b) Common open space and service facilities within a PUD shall be placed under the
ownership of one or more of the following:
502.09-13
ORDINANCE 502 – ZONING ORDINANCE
1. Landlord control where only use by tenants is anticipated.
2. Property owners association, provided all of the following conditions are
met:
A. Prior to the use, occupancy, sale or the execution of contracts for
sale of an individual building unit, parcel, tract, townhouse,
apartment, or common area, a declaration of covenants, conditions
and restrictions or an equivalent document as specified in
Minnesota Statutes shall be filed with the Zoning Administrator
prior to the filings of the declaration of documents or floor plans
with the County Recorder’s Office.
B. The declaration of covenants, conditions and restrictions or
equivalent document shall specify that deeds, leases or documents
of conveyance affecting buildings, units, parcels, tracts,
townhouses or apartments shall subject the properties to the terms
of the declaration.
C. The declaration of covenants, conditions and restrictions shall
provide that an owner’s association or corporation may be formed
and if such an association or corporation which shall maintain all
properties and common areas in good repair and which shall assess
individual property owner’s proportionate share of joint or
common costs. This declaration shall be subject to the review and
approval of the City Attorney. The intent of this requirement is to
protect the property values of the individual through establishing
effective private control.
D. The declaration shall additionally provide that in the event the
association or corporation fails to maintain properties in
accordance with the applicable rules and regulations of the City or
fails to pay taxes or assessments on properties as they become due,
and in the event the City incurs any expenses not immediately
reimbursed by the association or corporation, then the City shall
have the right to assess each property its pro rata share of the
expenses. Such assessments, together with interest thereon and
costs of collection, shall be a lien on each property against which
such assessment is made.
E. Membership in the association must be mandatory for each owner
and any successive buyer and the association must be responsible
for liability insurance, taxes, and the maintenance of the open
space facilities to be deeded to it.
502.09-14
ORDINANCE 502 – ZONING ORDINANCE
F. The open space restrictions must be permanent and not for a given
period of years.
G. Property owners must pay their pro rata share of the cost of the
association by means of an assessment to be levied by the
association which meets the requirements for becoming a lien on
the property in accordance with state law and the association must
be able to adjust the assessment to meet changing needs.
H. The by-laws and rules of the association and all covenants and
restrictions to be recorded must be approved by the City Council
prior to the approval of the final PUD plan.
c) Staging of common open space. The construction and provision of all of the
common open space and public improvements and recreational facilities that are
shown on the final development plan for a PUD must proceed at the same rate as
the construction of dwelling units or other private facilities.
Subd. 18: Termination of Planned Unit Development – Failure to Commence or Continue
Construction. If the construction has not been started within two (2) years from the date of
approval of the final PUD with an associated subdivision, or two years from the date of approval
of any other final PUD, or if construction has been commenced but the work has been abandoned
for a period of one year or more, and if no extension of time has been granted as provided herein,
the authorization granted for the planned unit development project shall terminate and all permits
and approval issued pursuant to such authorization shall expire and be null and void.
The time period of commencing or continuing construction shall not include periods of
time during which commencement of construction or continuation of construction was
reasonably halted or reasonably delayed due to the filing of a pendency of legal action
challenging an approval granted by the City pursuant to this Section; however, in all cases, when
more than five years have elapsed subsequent to the date of approval of any other final PUD with
associated subdivision, or more than two years have elapsed subsequent to the date of approval
of any other final PUD the permittee shall be required to comply with all current building,
construction, subdivision and other applicable standards of the City; provided, that a change in
zoning district classification enacted subsequent to approval of the final development plan shall
not affect the project.
Subd. 19: Lots Subject to Final PUD. All lots or other divisions of a subdivided planned
unit development shall remain subject to compliance with the final development plan regardless
of the fact of subdivision in compliance with the Subdivision Ordinance or lot(s)/division(s) of a
subdivided PUD where subsequently conveyed.
Amended 03/2018
502.09-15
ORDINANCE 502 – ZONING ORDINANCE
502.10-1
Section 502.10: OFF STREET PARKING
Subd. 1: Purpose and Intent. The off-street parking regulations of this Section are
intended to provide accessible, attractive, secure and well-maintained off-street parking and
loading areas with the appropriate number of spaces in proportion to the needs of the proposed
use, increase public safety by reducing congestion of public streets, The intent of this section of
the zoning ordinance is to establish general standards for off-street parking. The regulations
provided herein shall apply equally to all districts except where special provisions provide
otherwise.
Subd. 2: Scope of Parking and Loading Requirements.
a) In all zoning districts, off-street parking facilities for the storage of motor vehicles
for the use of occupants, employees and patrons of the buildings or structures
hereafter erected, altered or extended after the effective date of this Ordinance
shall be provided and maintained as herein prescribed.
Subd. 3: General Parking Provisions.
a) Loading space shall not be construed as supplying off-street parking space.
Minimum parking dimensions shall meet the requirements of this Ordinance.
b) When units or measurements used in determining the number of required parking
spaces result in requirement of a fractional space, that fractional space shall be
rounded up to the next highest whole number.
c) Whenever a use requiring off-street parking is increased in floor area, and such
use is located in a building existing on or before the effective date of this
Ordinance, additional parking space for the additional floor area shall be provided
and maintained in amounts hereafter specified for that use.
d) For the purpose of this section, "Floor Area," in the case of offices, merchandising
or service types of uses, shall mean the gross floor area used or intended to be
used for services to the public as customers, patrons, clients or patients as tenants,
including areas occupied for fixtures and equipment used for display or sale of
merchandise, less ten (10) percent.
e) Off-street parking facilities for dwelling shall be provided and located on the
same lot or parcel of land as the building they are intended to serve.
g) Where a use is not specifically mentioned, off-street parking requirements shall be
the same as for similar use.
ORDINANCE 502 – ZONING ORDINANCE
502.10-2
h) In the B1, B2 and B3 zoning districts on land which contains existing buildings,
nothing in this section shall be construed to prevent collective provisions of off-
street parking facilities for two (2) or more buildings or uses provided,
collectively, such facilities shall not be less than the sum of the requirements for
the various individual uses computed separately in accordance with this
Ordinance.
i) To accommodate redevelopment and/or expansion of existing structures or uses
within the B-1 and B-2 zoning districts, the City Council may allow alternative
parking arrangements such as a parking stall lease agreement or the presence of
public parking. Alternately, the Applicant may provide a parking study
completed by a qualified professional demonstrating the proposed use is
adequately served by existing parking.
j) Nothing in this section shall prevent the extension of, or an addition to, a
building or structure into an existing parking area which is required for the
original building or structure when the same amount of space taken by the
extension or addition is provided by an enlargement of the existing parking area.
k) No curb cut access shall be located less than twenty (20) feet from the intersection
of two (2) or more street right-of-ways for residential uses, and thirty (30) feet for
commercial and industrial areas. This distance shall be measured from the
intersection of lot lines.
l) Curb cut openings, driveways, parking lots and parking pads shall be a minimum
of six (6) feet from the side property line, except that on corner lots shall have a
side yard setback of fifteen (15’) feet from the property line on the intersecting
street and in compliance with Subd. 3 k.
m) All properties shall be entitled to at least one (1) curb cut. All driveways are
required to have a curb cut and concrete apron. A permit and inspection is
required for installation of all driveway aprons. Single-family uses shall be
limited to one (1) curb cut access per property measuring no more than 24 feet in
width, along with three foot concrete aprons on each side for a total of 30 feet,
except that single-family corner lots may be allowed a second curb cut on the side
yard of the intersecting street of a neighborhood collector or local residential
street. Such curb cut access shall be prohibited on community collector and
arterials streets.
n) All off-street parking and loading spaces, together with driveways, aisles and
other circulation areas, shall be a hard surface constructed of concrete,
bituminous, or paver stone.
o) All parking and loading areas shall provide for proper drainage of surface water to
prevent the drainage of such water onto adjacent properties and walkways.
p) Parking or the storage of any vehicles is not allowed on grassy or landscaped
ORDINANCE 502 – ZONING ORDINANCE
502.10-3
areas except as specified in this Ordinance for recreational vehicles and trailers.
q) The outside parking of unlicensed and/or inoperable vehicles and trailers shall be
prohibited.
r) Weight Restriction: Off-street parking in residential districts shall be used only
for parking vehicles of under fourteen (14,000) pounds gross weight.
s) Ten percent (10%) of the impervious, interior parking area, excluding
maneuvering areas shall be landscaped islands, rain gardens or other green spaces
for parking lots with over fifty (50) parking spaces in addition to perimeter
landscaping.
t) Maintenance: The owner of any parking or loading area shall maintain the area in
good condition without holes and free of all dust, trash and other debris.
Subd. 4: Required Off-Street Parking. The amount of required off-street parking space
for new uses or buildings, additions thereto and additions to existing buildings as specified
previously, shall be determined in accordance with the following, and the space so required and
shall be irrevocably reserved for such use, except these requirements shall not apply to uses in
existing buildings within the Central Business District of St. Joseph. The amount of required
off-street parking in the Central Business District for existing or new uses and improvements to
existing buildings which do not increase the area used for commercial or residential/rental use
shall be determined by the Planning Commission with approval by the City Council prior to the
issuance of a building permit. The amount of parking space required shall be based on the
anticipated demand for parking and loading space, the length of visits generated by the particular
business, and the availability of other parking spaces in the Central Business District. The
Central Business District shall be located within the boundaries of the official zoning map of the
City of St. Joseph.
a) Single family, two family, and townhome non-rental residential units. Two (2)
spaces per unit.
b) Boarding house, rooming house, bed and breakfast, and rental residential
dwellings. One and one-half (1 1/2) spaces for each single- bedroom dwelling,
two and one-half (2 1/2) spaces for each two-bedroom dwelling, four (4) spaces
for each three-bedroom dwelling, and an additional 1.25 spaces for each
additional bedroom within the dwelling.
c) Multi-Family Dwellings (R-3). Two spaces per living unit.
d) Motels, hotels. One (1) space per each rental unit and one (l) space for each
employee on any shift.
e) Church, theater, auditorium, community center or similar places of assembly. At
least one (1) parking space for each four (4) seats based on the design capacity of
the main assembly hall.
ORDINANCE 502 – ZONING ORDINANCE
502.10-4
f) Hospitals. Two (2) spaces per each bed.
g) Medical, chiropractic, dental clinics. Six (6) spaces per doctor/dentist.
h) Nursing Home. Long Term Care Facilities, Assisted Living Centers, Rest Homes
and Retirement Homes. One (l) space for each six (6) beds and one (l) for each
employee on the largest shift.
i) Elderly (senior citizen) housing. One (1) space per unit.
j) Fast Food restaurant and convenience food. At least one (l) parking space for
each fifty (50) square feet of gross floor area, plus one (1) space per employee,
plus six (6) off-street stacking spaces per drive-through lane.
k) Office buildings and professional offices, other than medical, chiropractic, or
dental clinics. One (1) space for each two hundred fifty (250) square feet of floor
area.
l) Bowling alley. At least five (5) parking spaces for each lane.
m) Automotive Service Station. At least three (3) parking spaces for each service
stall, plus one (1) space per each attendant of the largest shift.
n) Restaurants and cafes. At least one (1) space for each four (4) seats plus one (1)
space per two (2) employees.
o) Private clubs serving food and/or drinks, bars, taverns, nightclubs. At least one
(1) space for each one hundred (100) square feet of gross floor area, plus one (1)
space per employee on the largest shift.
p) Funeral home and Mortuary establishments. At least twenty (20) parking spaces
for each chapel or parlor, plus one (1) parking space for each funeral vehicle
maintained on the premises.
q) Manufacturing, fabricating or processing of a product or material. Three (3)
spaces per 1,000 square feet of gross floor area, plus one (1) space per 300 square
feet of floor area of office.
r) Car wash. (In addition to required stacking space.)
1. Automatic drive through, serviced. Ten (10) spaces per bay for stacking
purposes plus one (l) space for each employee on the maximum shift.
2. Self-service. Three (3) spaces per bay for stacking purposes, plus a
minimum of two (2) additional spaces.
ORDINANCE 502 – ZONING ORDINANCE
502.10-5
s) Convenience/Gas Store. One (1) space per 250 square feet of net floor area.
t) Retail Business. One (1) space per two hundred and fifty feet (250) of net floor
area.
u) Shopping Center. Five (5) spaces per 1,000 square feet of net floor area.
v) Day Care/Nursery School. One per six (6) children plus one space per employee
on largest shift.
w) Warehousing, Wholesale & Distribution. One (1) space per 1,000 square feet of
gross floor area, plus one (1) space per 300 square feet of gross floor area of
office.
x) Mixed Uses. In the cases of mixed uses, the parking facilities required shall be the
sum of the requirements for the various individual uses, computed separately in
accordance with this Section. Parking facilities for one use shall not be considered
as providing the required parking facilities for any other use except that the
governing body may consider the joint use of a parking area (other than
residential) where it is known that because of a time element, the parking facilities
will not be needed by more than one of the uses thereof at one time.
y) Other Structures or Uses. For any and all uses or structures not specifically
provided for in the foregoing, such parking spaces as the governing body shall
determine to be necessary, considering all the parking generating factors involved.
z) Parking Study. The City Council may approve a “proof-of-parking” plan which
allows for a portion of the required parking, and demonstrates that the minimum
number of required parking spaces can be accommodated on the property and
meet setback requirements. The plan must demonstrate that all other applicable
ordinances can be met if the full amount of required parking were to be
constructed. The area for future parking must be maintained as green space
(sodded with grass or natural plant materials). Any changes to use and/or
building size could invalidate the approval for “Demonstrated Parking”.
Demonstrated parking may reserve the right to require installation of the
additional parking spaces.
Subd. 5: Parking Lot Standards. In all districts off-street parking lots are subject to the
following regulations:
a) Adequate ingress and egress shall be provided.
b) Such parking lots shall be constructed and maintained in a useable condition, with
a hard surface consisting of concrete, bituminous, pavement or paver stone
designed to drain and dispose of surface water.
c) Whenever such parking lot boundary adjoins property zoned for residential use, a
ORDINANCE 502 – ZONING ORDINANCE
502.10-6
setback of fifteen (15) feet from said lot line shall be required, and maintained.
d) Necessary curbs or other protection against damages to adjoining properties,
streets and sidewalks shall be provided and maintained. Concrete curbs to
MnDOT Design B612 specifications shall be used for all automobile stops
and for all drive and parking areas. Following a review by city staff, curbing
requirements may be waived if any of the following conditions are met:
1. The City Engineer has determined sheet drainage over ground would improve
storm water quality.
2. Where an adjacent future development phase excluding future parking would
be built that would result in the removal of the curbing.
3. The parking lot will be porous pavement, along with the installation and
maintenance of rain gardens or infiltration features.
4. The City Engineer finds that area can be reasonably services by an alternative
storm water structures/facilities and infiltration.
5. The development application illustrates that:
a. Reasonable visual separation from adjoining properties, streets, and
sidewalks is provided and maintained through the employment of
alternate treatments such as landscaping or striping; or,
b. The site is subject to a unified design/development that contains joint
parking or public parking facilities.
6. The city may place conditions on properties allowed a waiver. Conditions can
include but are not limited to: landscaping, buffering, stormwater control.
e) No sign shall be so located as to restrict the sight, orderly operation and traffic
movement within any parking area. Only signs necessary for the orderly
operation of traffic movement or parking regulation shall be permitted in any
parking area (e.g. visitor parking, deliveries, handicap parking). Such signs shall
not be considered part of the permitted advertising space and shall be subject to
signage regulations.
f) All parking lots shall be screened and landscaped from abutting residential uses or
districts by a wall, fence or densely-planted compact hedge or tree cover not less
than four (4) feet.
g) Except in the case of single-family, two-family, and townhouse developments,
parking areas shall be designed so that circulation between parking aisles or
driveways occurs within the designated parking lot and does not depend upon a
public street or alley and such design does not require backing onto the public
street.
h) A parking space shall be at least nine feet wide by twenty feet long (9’x 20’). In
areas where the parking space may accommodate for the overhang of the front or
rear bumper, such as the perimeter of the parking lot, the parking space may be a
minimum of nine feet by 18 feet (9’x 18’).
i) Parking Lot. Parking lot dimensions are set forth in the table below. Circulation
ORDINANCE 502 – ZONING ORDINANCE
502.10-7
patterns shall allow adequate room for emergency vehicles.
Angle and Standard Depth Depth to Aisle Wall/wall Interlock
traffic flow stall width to wall interlock width module Module
90 deg 2-way 9' 17.5' 17.5' 26' 61' 61.0
60 deg 2-way 9' 18.0' 16.5' 26' 62' 59.0
75 deg 1-way 9' 18.5' 17.5' 22' 59' 57.0
60 deg 1-way 9' 18.0' 16.5' 18' 54' 51.0
j) Drainage and Surfacing. Driveways shall not exceed a grade of six (6) percent
and all parking lots except those for less than four (4) vehicles shall be graded
according to a drainage plan which has been approved by the City Engineer.
Catch basins, sumps and underground storm sewers may be required.
k) Striping. All lots for five (5) or more vehicles shall have the organization of
spaces painted on the surface according to the plan approved by the City.
l) Circulation. Lots shall be so designed that internal circulation shall be available
without utilizing the public street.
m) Maintenance. It shall be the responsibility of the lessee and/or owner of the
principal use, uses or building to maintain in a neat and adequate manner, the
parking area, striping, landscaping and screening.
n) Lighting. All lighting used to illuminate an off-street parking area shall be shaded
or diffused so as to reflect the light away from the adjoining property and away
from abutting traffic flow.
Subd. 6: Parking in the E/E Educational and Ecclesiastical District.
a) Parking intended to be used by students, guests, employees, the public, residents,
and visitors within the E/E District shall be illustrated on a Master Parking Plan
which is consistent with this Ordinance.
b) The number of parking stalls required may be reduced from the requirements of
this Ordinance provided a parking study by a qualified individual finds proposed
parking in adequate.
c) Areas suitable to accommodate emergency vehicles and accepted by the Fire
Marshal shall be required for each structure.
Subd. 7: Parking pads for Residential Units in All Zoning Districts.
a) Parking pads shall be easily accessible from an improved driveway. The driveway
approach to the additional off street parking pad and the parking pad shall be
concrete, asphalt, stone, or pavers. Gravel is not permitted for parking pads.
ORDINANCE 502 – ZONING ORDINANCE
502.10-8
b) Parking pads shall not encroach onto drainage and utility easements.
c) In no circumstances shall the site coverage exceed the maximum impervious
surface allowed for each specific zoning district.
d) No person shall construct a parking pad without first making application for and
securing a parking pad permit from the City and said permit shall expire (180)
days after the day of issuance. All fees paid under a lapsed permit shall be
forfeited to the City.
Subd. 8: Recreational Vehicles and Trailers.
a) Up to two licensed and operable recreational vehicles or trailers may be parked
outside on a lot in a residential district as an accessory use provided the following
conditions are met:
1. The recreational vehicle or trailer is parked on the driveway or parking
pad, except that up to one recreational vehicle or trailer may be parked on
the grass or ground surface in the rear yard provided it is at least ten (10)
feet from the rear and side (interior) property lines and twenty (20) feet
from the side (corner) property line. A boat, snowmobiles, ATV’s, jet skis,
and similar vehicles on a trailer shall be considered one recreational
vehicle.
2. The recreation vehicle or trailer must be parked a minimum of ten (10)
feet from the back of the curb or roadway.
3. The recreational vehicles or trailer is not permanently affixed to the
ground in a manner that would prevent its removal.
4. The recreational vehicle or trailer is not partially dismantled or used for
sale or parts.
5. The recreational vehicle or trailer is registered to the property owner or
occupant on which the recreational vehicle or trailer is stored.
6. The trailer is a noncommercial utility trailer.
7. Recreational vehicles and trailers shall not be utilized for storage of goods,
materials or equipment other than those items considered to be part of the
unit or essential for its immediate use.
8. Recreational vehicles and trailers shall not be used as a living quarter
while stored/parked on a residential property.
Subd. 9: Off-Street Loading. On the same premises with every building devoted to retail
trade, retail and wholesale food markets, warehouses, supply houses, wholesale or manufacturing
ORDINANCE 502 – ZONING ORDINANCE
502.10-9
trades, laundry, dry-cleaning establishments or other buildings which do not rely primarily on
railroad transfer and where large amounts of goods are received or shipped, erected in any
district after the effective date of this Ordinance, loading and unloading space shall be provided
as follows:
a) B-2 and B-3 Business Districts: In B-2 and B-3 business districts two (2) off-
street loading and unloading spaces may be provided for each store unit having a
gross area of ten thousand (10,000) square feet. One additional space shall be
provided for each additional fifteen thousand (15,000) square feet of floor space.
b) Industrial Districts: In industrial districts, the use of any building requiring
loading or unloading of materials to and from trucks may require two (2) off-
street loading spaces for the first ten thousand (10,000) square feet of floor space
for each additional fifteen thousand (15,000) square feet of floor space.
c) Distance from Residential Uses and Districts: No required off-street loading space
shall be less than one hundred feet (100’) from any residential use or district
boundary line.
d) Screening: All loading areas shall be screened with screening walls and
landscaped from abutting and surrounding residential uses and districts. The
screening walls must be constructed of permanent material and finish and in a
color compatible with the principle structure.
Amended 12/2019
Amended 2021
ORDINANCE 502 – ZONING ORDINANCE
Section 502.11: SIGNS
Subd. 1: Purpose. The sign ordinance is intended to establish a comprehensive and
balanced system of sign control that accommodates the need for a well-maintained, safe, and
attractive community, and the need for effective communications including business
identification. It is the intent of this section to promote the health, safety, general welfare,
aesthetics, and image of the community by regulating signs that are intended to communicate to
the public, and to use signs that meet the City’s goals. The purpose and intent of this ordinance is
to:
a) Regulate the number, location, size, type, illumination and other physical
characteristics of signs within the city in order to promote the public health, safety
and welfare.
b) Establish standards which permit all persons the opportunity to display a wide
variety of messages; to preserve and protect the value of land, buildings and
landscapes and promote the attractiveness of the community; to ensure that signs
in the City are not a safety hazard to lives and/or property, to preserve order and
to encourage persons to erect permanent signs and discourage temporary and/or
portable signs.
c) Improve the visual appearance of the City while providing for effective means of
communication, consistent with constitutional guarantees and the City’s goals of
public safety and aesthetics.
d) Provide for fair and consistent enforcement of the sign regulations set forth herein
under the zoning authority of the City.
Subd. 2. Findings. The City of St. Joseph finds it is necessary for the promotion and
preservation of the public health, safety, welfare, and aesthetics of the community that the
construction, location, size, and maintenance of signs be controlled. The City Council hereby
finds as follows:
a) Exterior signs have a substantial impact on the character and quality of the
environment.
b) Signs provide an important medium through which persons may convey a variety
of messages.
c) Signs can potentially create traffic hazards, aesthetic concerns, and detriments to
property values, thereby threatening the public health, safety, and welfare.
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ORDINANCE 502 – ZONING ORDINANCE
d) The city’s zoning regulations include the regulation of signs in an effort to
provide adequate means of expression and to promote the economic viability of
the business community, while protecting the City and its citizens from a
proliferation of signs of a type, size, and location that would adversely impact
upon the aesthetics of the community and threaten the health, safety and welfare
of the community. The regulation of the physical characteristics of signs within
the City has had a positive impact on traffic safety and the appearance of the
community.
Subd. 3: Effect. A sign may be erected, mounted, displayed, or maintained in the City if
it is in conformance with the provisions of this ordinance. The effect of this ordinance, as more
specifically set forth herein, is to:
a) Allow a wide variety of sign types in commercial zones, and a more limited
variety of sign types in other zones, subject to the standards set forth in this sign
ordinance.
b) Allow certain small, unobtrusive signs incidental to the principal use of a site in
all zones when in compliance with the requirements of this sign ordinance.
c) Prohibit signs whose location, size, type, illumination, or other physical
characteristics negatively affect the environment and where the communication
can be accomplished by means having a lesser impact on the environment and the
public health, safety and welfare.
d) Provide for the enforcement of the provisions of this sign ordinance.
Subd. 4: Severability. If any section, subsection, sentence, clause, or phrase of this Sign
Ordinance is for any reason held to be invalid, such invalidity shall not affect the validity or
enforceability of the remaining portions of this Sign Ordinance. The City Council hereby
declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or
phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses, or phrases be declared invalid.
Subd. 5: Definitions. The Following words and terms shall have the meanings ascribed
to them in this section:
a) Sign: Any writing, pictorial presentation, number, illustration or decoration, flag
or other device that is used to announce, direct attention to, identify, advertise, or
otherwise make anything known. The term “sign” shall not be deemed to include
the terms “building” or “landscaping,” or any architectural embellishment of a
building not intended to communicate information.
b) Awning sign: A sign constructed of flexible translucent or fabric-type material
that incorporates a written message or logo on the exterior.
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ORDINANCE 502 – ZONING ORDINANCE
c) Balloon sign: A sign consisting of a bag made of lightweight material supported
by helium hot or pressurized air which is greater than twenty four 24 inches in
diameter.
d) Banner: attention-getting device which is of a nonpermanent paper, cloth, vinyl,
or plastic like consistency used to promote a specific community event.
e) Ballpark sign: a sign (1) securely attached to the outfield fences of a ballpark, (2)
whose content can only be viewed from the ‘in-play’ side of the fencing, (3)
whose size does not cause it to extend in any direction beyond the boundaries of
the fencing that supports it, (4) that poses no danger of cuts or other injury to
persons using said ballpark for its intended purposes, and (5) that does not
otherwise interfere with persons using said ballpark for its intended purposes.
f) Billboard. A free-standing sign which directs attention to a business, commodity,
service or entertainment not exclusively related to the premises where such is
located or to which it is affixed.
g) Canopy: a roof like cover often of fabric plastic metal or glass on a support which
provides shelter over a doorway.
h) Construction Sign: Any non-illuminated sign that
displays information regarding the construction or
development of the site on which it is displayed.
i) Directional Sign: A sign intended to facilitate the safe
movement of pedestrians and vehicles into, out of, and
around the site on which the sign is located.
j) Dynamic Sign: Any characteristics of a sign that appear
to have movement or that appear to change, caused by any method other than
physically removing and replacing the sign or its components, whether the
apparent movement or change is in the display, the sign structure itself, or any
other component of the sign. This includes a display that incorporates a
technology or method allowing the sign face to change the image without having
to physically or mechanically replace the sign face or its components. This also
includes any rotating, revolving, moving, flashing, blinking, or animated display
and any display that incorporates rotating panels, LED lights manipulated through
digital input, “digital ink,” or any other method or
technology that allows the sign face to present a series of
images or displays.
k) Freestanding Sign: Any sign not affixed to a building
including but not limited to a ground sign, or monument
sign.
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ORDINANCE 502 – ZONING ORDINANCE
l) Flashing Sign: a directly or indirectly illuminated sign which exhibits changing
light or color effect by any means so as to provide intermittent illumination which
includes the illusion of intermittent flashing light by means of animation. Also
any mode of lighting which resembles zooming, twinkling, or sparkling.
m) Height of Freestanding Sign: actual distance from the average horizontal grade at
the base of the sign to the highest point of the sign, including any structure or
architectural component of the sign.
n) Illuminated Sign: any sign which has characters, letter figures, designs, or outlines
illuminated by electric lights or luminous tubes as part of the sign proper or by
indirect lighting.
o) Marquee: any permanent roof like structure projecting beyond a building or
extending along and projecting beyond the wall of that building generally
designed and constructed to provide protection from the weather.
p) Mobile Sign (Portable Sign): any sign designed or intended
to be moved or transported by trailer or on wheels. A sign
may be a mobile sign even it if has wheels removed, was
designed without wheels, or is attached temporarily to the
ground, a structure, or other sign.
q) Monument Sign: any free standing sign in which the entire
base of the sign structure is in contact with the ground,
providing a solid and continuous background for the sign.
r) Off-premise sign: any sign which directs the attention of the
public to a business, activity conducted, or product sold or offered at a location
not on the same lot where such sign is located. For purposes of this sign
ordinance, easements and other appurtenances shall be considered to be outside
such lot and any sign located or proposed to be located in an easement or other
appurtenance shall be considered an off-premise sign.
s) Painted Sign: any sign painted directly on the outside wall or roof of a building or
on a fence, rock, or similar structure or feature in any zoning district.
t) Pole Sign: see Pylon Sign.
u) Portable Sign: see Mobile Sign.
v) Projecting Sign: any wall sign that protrudes horizontally
more than one (1) foot from the wall to which it is attached.
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ORDINANCE 502 – ZONING ORDINANCE
w) Pylon Sign: any freestanding sign which has its supportive structures anchored in
the ground and which has a sign face elevated above ground level by poles or
beams and with the area below the sign face open.
x) Sandwich Board Sign: any freestanding sign which is composed of two pieces of
flat, rigid material in the shape of a square or rectangle that are hinged at the top
and whose bottom edges rest on the ground so as to create a triangular shape
when being displayed.
y) Shimmering Signs: any sign which reflects an oscillating, sometimes distorted,
visual image.
z) Temporary Sign: any sign that is not permanently affixed to
the ground, a sign that is not permanently affixed to any other
permanent structure that is in turn affixed to the ground, or a
sign that is capable of being moved by mechanical or non-
mechanical means, including sandwich board signs.
aa) Wall: any structure which defines the exterior boundaries or
courts of a building or structure and which has a slope of sixty (60) degrees or
greater with the horizontal plane.
bb) Wall Sign: any building sign attached parallel to, but within eighteen (18) inches
of a wall, painted on the wall surface of, or erected and confined within the limits
of an outside wall of any building or structure, which is supported by such wall or
building, and which displays only one (1) sign surface.
cc) Window Sign: any sign placed on the interior of a
window or painted on a window such that it can be read
from the outside of the building.
Subd. 6: Permit Required. No sign shall be erected, altered, reconstructed, maintained or moved
in the city without first securing a permit from the city. The Zoning Administrator shall approve
or deny the sign permit in an expedited manner no more than 60 days from the receipt of the
complete application, including applicable fee. All permits not approved or denied within 60
days shall be deemed approved. If the permit is denied, the issuing authority shall prepare a
written notice of denial within 10 days of its decision, describing the applicant’s appeal rights
and send it by certified mail, return receipt requested, to the applicant. The content of the
message or speech displayed on the sign shall not be reviewed or considered in determining
whether to approve or deny a sign permit. Application for a permit shall be in writing, addressed
to the Zoning Administrator, and shall contain the following information:
a) names and addresses of all applicants and/or owners of the sign and subject
property;
502.11-5
ORDINANCE 502 – ZONING ORDINANCE
b) the address at which any signs are to be erected;
c) the lot, block, and addition at which the signs are to be erected and the street on
which they are to front;
d) a complete set of plans, showing the necessary elevations, distances, size, and
details to fully and clearly represent the construction and place of the signs;
e) the cost of the sign;
f) type of sign (i.e. wall sign, monument sign, etc.);
g) certification by applicant indicating the application complies with all
requirements of the sign ordinance; and
h) if the proposed sign is along a state trunk highway or interstate highway, the
application shall be accompanied by proof that the applicant has obtained a permit
from the state for the sign.
i) Fee. A fee set forth by resolution applies to a permit for signs and shall be
submitted with the required application.
Subd. 7: General Provisions. The following regulations shall apply to all signs hereafter
permitted:
a) Signs shall not be permitted within the public right of way or easements, except as
erected by an official unit of government or public utilities for the direction of
traffic or necessary public information, unless approved by the appropriate
government entity or as set forth in Subd. 26 of Section 502.11, as may be
amended, and pertaining to community event banners.
b) The design and materials of any sign shall be consistent with the building
materials requirements of the district in which the sign is located, and shall be the
same as, or compatible with, the materials and design of the principal building(s)
on the property.
c) Signs shall not be constructed or maintained in a manner which obstructs traffic
visibility.
d) No sign shall be placed that resembles any official marker erected by a
governmental agency or shall display such words as “stop” or “danger.”
e) No sign shall be permitted to obstruct any window, door, fire escape, stairway or
opening intended to provide light, air, ingress, or egress for any building or
structure.
502.11-6
ORDINANCE 502 – ZONING ORDINANCE
f) One (1) sign, regardless of its type, shall be permitted on each parcel of property
in any residential district, and such signs shall be limited to an overall area of six
(6) square feet.
g) The following types of signs are not permitted in any residential district:
1. Awning signs
2. Marquee signs
3. Balloon signs
4. Pole signs
5. Canopy signs
6. Pylon signs
7. Flashing signs
8. Shimmering signs
9. Wall sign
h) Pylon signs and off-premise signs shall only be permitted in the designated
corridors included in Exhibit “A” of this Ordinance.
i) Monument Signs: The base of the sign shall be constructed of a permanent
material such as concrete, block, or stone. The sign face shall occupy at least 50%
of the monument sign. Signs shall be the same as, or compatible with, the
materials and design of the principal building(s) on the property.
j) Signs which may be or may hereafter become rotted, unsafe, or unsightly shall be
repaired or removed by the property owner or lessee of the property upon which
the sign stands upon notice by the Building Inspector. The owner, lessee, or
manager of any sign that contacts the ground and the owner of the land on which
the same is located shall keep grass, weeds, and other growth cut and shall
remove all debris and rubbish from the lot on which the sign is located. If the
owner, licensee, or lessee of the property fails to act in accordance with this
paragraph, the City may remove the sign in question upon the direction of the
City Council, and all costs incurred for removal may be charged to the owner of
the sign and if unpaid, certified to the County Auditor as a lien against the
property on which the sign was located.
k) No sign shall project more than three (3) feet over a public sidewalk and shall be a
minimum of ten (10) feet above the average ground level directly beneath the
sign.
502.11-7
ORDINANCE 502 – ZONING ORDINANCE
l) Signs shall not be located on the roof of a building.
m) Signs that are painted directly on the surface of a building may be permitted in
business zoning districts provided that the area of the painted sign be calculated as
part of the maximum total permitted wall sign area for the building.
n) No sign shall violate the side or rear yard setback requirements of the district in
which it is placed. No sign shall be placed within ten (10) feet of a front lot line.
o) Except for monument signs and temporary signs, the surface area of the base of
any sign shall not exceed 25% of the face area unless structural engineering
illustrates the face cannot meet the wind loading requirements of the Building
Code.
p) Ballpark signs shall be allowed only on those ballparks that are primarily used to
host baseball and/or softball games.
Subd. 8: Illuminated Signs: Illuminated signs shall be shielded to prevent lights from
being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and
may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any
adjacent properties, building, or streets.
Subd. 9: Square footage Calculation (Total Area= A x B):
a) For wall signs, the area of a sign shall be that area within the marginal lines
created by the sign surface which bears the advertisement or, in the case of
messages, figures, or symbols attached directly to the part of a building, which is
included in the smallest rectangular figure which can be made to circumscribe the
message, figure, or symbol displayed thereon.
b) For monument signs, area shall be calculated as for wall signs. Structural
members of the sign, including supports or other decorative features shall not be
considered as a part of the measured sign area:
1. For pylon signs, the entire area of the sign face or cabinet shall be
considered as a part of the measured sign area. Structural supports,
provided that they have no message or other graphics, shall be exempt
from the area calculation.
Subd. 10: Landscaping: A site plan shall be submitted as part of any application for a
freestanding sign which includes plans for the landscaping of the area near the sign, and which
demonstrates that the sign will complement the existing or proposed general site landscaping of
the property.
Subd. 11: Vehicle Fuel Facilities: Signs for vehicle fuel facilities shall be regulated by the
sign provisions for the zoning district in which the facility is located, except that within a
502.11-8
ORDINANCE 502 – ZONING ORDINANCE
freestanding sign, an area not to exceed sixteen (16) square feet shall be allowed for continuous
display (no flashing, scrolling or other animation) of electronic or non-electronic changeable
copy identifying current fuel prices in accordance with Minnesota State Statutes Section
239.751, as may be amended.
Subd. 12: Dynamic Displays
a) Findings: Based on studies related to the use of dynamic sign displays and driver
distraction, the City finds that dynamic signs, as defined by this Section have a
unique potential to create driver distraction, a major cause of traffic crashes. As a
result, the City has adopted special regulations that relate to such signs. These
regulations shall apply to all dynamic signage in the City, whether new or
existing, conforming or non-conforming at the time of adoption of this Ordinance.
b) Regulations governing Dynamic Sign Displays:
1. Dynamic sign displays shall have messages that change instantaneously,
and do not fade, dissolve, blink, or appear to simulate motion in any way.
Prohibited blinking signs shall include signs which are displayed as
continuous solid messages for less than the time required by subpart (d) of
this subsection below. The exception to this regulation is the allowance of
messages that appear to scroll horizontally across the sign, but are
otherwise in compliance with the requirements of this ordinance.
2. Dynamic sign displays shall not be permitted in any of the following
areas:
a. Residential zoning districts
b. B-1 Zoning District
c. Downtown Service Signage area as defined in Subd. 21 of this
Ordinance, except for those properties zoned B-2 and B-3.
3. Dynamic sign displays shall be permanent signs.
4. No dynamic sign display shall change more than one time per three (3)
second period.
5. Dynamic sign displays shall be no brighter than other illuminated signs in
the same district.
6. Dynamic sign displays shall be designed to freeze the display in the event
of malfunction, and the owner shall discontinue the display immediately
upon malfunction, or upon notice from the City that the display violates
the City’s regulations.
7. No dynamic sign display shall be permitted to be located in a yard or on
the side of a building which abuts a residentially zoned parcel.
502.11-9
ORDINANCE 502 – ZONING ORDINANCE
Subd. 13: Temporary Signs.
a) Fee. A fee set forth by resolution applies to a permit for temporary or portable
signs.
b) Maximum Size. The maximum size of a portable or temporary sign is sixty-four
(64) square feet; except that the maximum size of a portable or temporary sign in
any residential zoning district is limited to six (6) square feet.
c) Duration. The duration of time that a portable or temporary sign can be located
on a property is limited to forty (40) days in any one calendar year only after
application has been approved for location and placement.
d) Illuminated Signs. Illuminated signs, whether temporary or portable, shall have a
recognized seal of approval of listing from Underwriters Laboratories Inc. (UL)
or other recognized electrical standard and installed in conformance with the
listing or, if more restricted, the National Electrical Code as adopted by the State
of Minnesota.
e) One Sign Per Parcel. There shall be no more than one temporary or portable sign
per parcel of property. In the event that there are multiple tenants on a single
parcel of property on which temporary or portable signs are allowed, not more
than two portable signs shall be located on the parcel at any given time. One
portable sign will be allowed per strip mall site within the B-2 district.
f) Ground Fault Circuit Interpreters. The internal wiring of an illuminated outdoor
sign that is temporary or portable and readily accessible shall be supplied from,
and protected by, ground fault circuit interpreters.
g) Extension Cords. Extension cords used to supply power to portable or temporary
signs shall be enclosed in metal conduit or elevated at least nine (9) feet above the
ground to prevent tripping or electrical hazards.
h) Anchors. Anchors for portable or temporary signs shall be subject to approval by
the Building Inspector and maintained to prevent displacement or tipping over
during high winds.
Subd. 14: Exemptions. The following sign shall not require a permit. This exemption,
however, shall not be construed as relieving the owner of the sign from the responsibility of its
erection and maintenance, and its compliance with the provisions of this ordinance or any other
law or ordinance regulating the same. The exemption is as follows: The changing of the display
surface on a painted or printed sign only. This exemption, however, shall apply only to poster
replacement and/or on-site changes involving sign painting elsewhere than directly on a building.
Subd. 15: Design Standards for Residential Zoning Districts. The general provisions of
Section 502.11 apply to all signs within Residential Zoning District. In addition the following
standards apply.
502.11-10
ORDINANCE 502 – ZONING ORDINANCE
a) General Provisions applying to all residential zoning districts:
1. No sign shall be placed closer than ten feet (10’) to any front property line,
except direction signs which have a zero-foot (0’) setback. No sign shall
be placed within a required side or rear setback.
2. No sign shall be placed in any required interior side yard.
3. No sign shall be mounted on the roof of a building.
4. Flashing or rotating signs resembling emergency vehicles shall not be
permitted.
5. Illuminated signs are not allowed.
b) R-1 Single Family Residence District and R-2 Two Family Residential District:
1. No advertising or business signs shall be permitted, except signs
advertising a permitted home occupation limited to an overall area of six
(6) square feet.
2. Subdivision Monument Sign: One unlighted sign having a surface area not
exceeding fifty square feet (50’) per face with an aggregate total of one
hundred (100) square feet and a height not exceeding eight feet (8’) per
vehicle entrance identifying each subdivision or housing development.
Such signs are subject to the following provisions:
A. Landscaping must be provided around the base of the sign.
B. The entrance to a development shall be one that abuts a collector or
arterial road.
c) R-3 Multiple Family Residential District and R-4 Townhouse/Patio Home
Residential District and R-5 Supportive Care District:
1. No advertising or business signs shall be permitted, except signs
advertising a permitted home occupation limited to an overall area of six
(6) square feet.
2. Subdivision Monument Sign: One unlighted sign having a surface area not
exceeding fifty square feet (50’) per face with an aggregate total of one
hundred (100) square feet and a height not exceeding eight feet (8’) per
vehicle entrance identifying each subdivision or housing development.
Such signs are subject to the following provisions:
A. Landscaping must be provided around the base of the sign.
502.11-11
ORDINANCE 502 – ZONING ORDINANCE
B. The entrance to a development shall be one that abuts a collector or
arterial road.
3. One area identification sign for each multiple-residential complex
consisting of three or more units.
A. Such signs shall have a surface area of all faces not exceeding an
aggregate of fifty (50) square feet.
B. The height of the sign shall not exceed eight (8) feet.
C. Landscaping must be provided around the base of the sign.
4. Wall Sign: One wall sign shall be allowed for the purpose of street
identification. Such sign cannot exceed twelve (12) square feet.
Subd. 16: Permitted On Premise Signs; Business Districts. On-premise identification,
business or area identification signs are permitted. Nearby residents shall be protected from
direct light if these signs are illuminated. The following provisions apply to all Business
Districts.
a) Wall Signs. Each tenant other than those in multi-tenant buildings may have one
flat wall sign. Such signage may extend from the face of the roof over a covered
walk. Such wall signs shall not exceed the maximum allowed in each zoning
district as defined in this Ordinance.
b) Monument Signs. Each tenant other than those in multi-tenant buildings may
have a monument sign that shall not exceed the maximum allowed in each zoning
district as defined in this Ordinance and twenty (20) feet in height, and is setback
a minimum ten (10) feet from the property lines.
c) Multi-Tenant Wall Signs. Each tenant in a multi-tenant building may have a flat
wall sign. Such multi-tenant wall signs shall not exceed the maximum allowed in
each zoning district as defined in this Ordinance
d) Multi-Tenant Monument Signs. One (1) monument sign shall be permitted for
each multi-tenant building provided the surface area of the sign does not exceed
one-hundred (100) square feet, per side, and twenty (20) feet in height, and is
setback in no case less than ten (10) feet from the property lines. The area may be
increased to a maximum of one hundred and fifty (150) square feet per side for
developments of over twenty (20) acres.
e) Canopies and Awnings. The design of canopies shall be in keeping with the
overall building design in terms of location size and color. No canopies with
visible wall hangers shall be permitted. Signage on canopies may be substituted
for allowed building signage and shall be limited to 25% of the canopy area.
502.11-12
ORDINANCE 502 – ZONING ORDINANCE
Internally-illuminated canopies must be compatible with the overall color scheme
of the building.
f) Signs affixed to principal or accessory structures shall be composed of materials
or textures similar to those of the exterior façade to which they are affixed.
Subd. 17: B-1: Central Business District: In the B-1 Central Business District the
following standards apply.
a) Business signs may be erected and maintained in conjunction with a commercial
use provided:
1. Freestanding signs shall have a surface area not exceeding fifty (50)
square feet per sign face with an aggregate total not to exceed one-hundred
(100) square feet if double faced.
2. Such sign except a directional sign, is erected only on the premise on
which the use, to which the sign relates, is conducted.
3. Notwithstanding the above, where two or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates. For the purpose of this
subdivision, a combination of two or more business operations within a
single structure includes, but is not limited to, shopping centers, shopping
malls, and subdivided retail, office or industrial buildings offered for lease
or condominium ownership.
4. All freestanding Business Signs shall be landscaped around the base.
Except for monument signs, the surface area of the base of any Business
Sign shall not exceed twenty-five (25) percent of the face area unless
structural engineering illustrates the face cannot meet the wind loading
requirement of the Building Code.
b) Projecting signs are allowed in the B-1 District directly adjacent to Minnesota
Street and College Avenue provided:
1) The projecting sign does not extend beyond the first floor of the
building.
502.11-13
ORDINANCE 502 – ZONING ORDINANCE
2) No less than ten (10) feet of clearance is provided between the
highest point of the sidewalk and the lowest point of the projecting
sign.
3) Cumulative projecting sign area is not greater than twelve (12)
square feet and maximum sign width not greater than three (3) feet.
4) Maximum distance between a projecting sign and the building face
doesn’t exceed one (1) foot.
c) Sandwich Board Signs are allowed only in the B-1 District directly adjacent to
Minnesota Street and College provided:
1) No more than one (1) sandwich board sign shall be allowed for
each tenant on a parcel of property.
2) The sandwich board sign does not exceed thirty-six (36) inches in
height or thirty (30) inches in width.
3) The sign is displayed only during normal operating hours of the
business on the parcel of property on which the sign is located.
4) The sign does not require any form of electricity or display lights
or moving parts.
5) That such signs do not block driveways, entryways or pedestrian
accesses, do not significantly occlude the sidewalk and/or do not
impact sightlines/view at street intersections.
6) The sign is made of weather and wind resistant materials of
superior quality.
7) The sign is not affixed to the sidewalk, other signage, or temporary
or permanent structure.
8) The maximum aggregate square footage of allowable sign area is
not exceeded.
9) The sign owner provides proof of liability insurance listing the
City as an additional insured and holding the City harmless at the
same time it applies to the City for a permit for the sign.
d) Wall Signs may be placed or painted against the exterior wall or surface of a
building or structure and are subject to the following regulations:
1. Wall Signs shall not project above a roof.
502.11-14
ORDINANCE 502 – ZONING ORDINANCE
2. Wall Signs shall not exceed one (1) square foot per lineal lot front foot or
fifteen percent (15%) of the building frontage area, or fifty (50) square
feet whichever is the lesser.
e) Maximum Freestanding Sign height is twenty (20) feet above ground.
Subd. 18: B-2 Highway 75 Business District: In the B-2 Highway 75 Business District,
the general provisions of Section 502.11 apply to all signs. In addition, the following standards
apply.
a) Freestanding Signs may be erected and maintained provided:
1. Signs shall have a surface area not exceeding one hundred (100) square
feet per sign face with an aggregate total not to exceed two hundred (200)
square feet if double faced.
2. Such sign except a directional sign is erected only on the premise on
which the principal use, to which the sign relates, is conducted.
3. Notwithstanding the above, where two (2) or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates.
For the purpose of this subdivision, a combination of two (2) or more
business operations within a single structure includes, but is not limited to,
shopping centers, shopping malls, and subdivided retail, office or
industrial buildings offered for lease or condominium ownership.
4. All Freestanding Signs shall be landscaped around the base. Except for
monument signs, the surface area of the base of any Freestanding Sign
shall not exceed twenty-five (25) percent of the face area unless structural
engineering illustrates the face cannot meet the wind loading requirement
of the Building Code.
5. The maximum height of a Freestanding Sign shall be twenty (20) feet.
b) Wall signs may be placed or painted against the exterior wall or surface of a
building or structure and are subject to the following regulations:
1. That the wall sign does not exceed one fifteen percent (15%) of the
building frontage area or seventy-five (75) square feet, whichever is the
502.11-15
ORDINANCE 502 – ZONING ORDINANCE
greatest.
2. Wall signs shall not project above the roof.
Subd. 19: B-3 General Business District: The general provisions of Section 502.11 apply
to all signs within the B-3 General Business District. In addition, the following standards apply.
a) Wall Signs. Wall signs may be placed or painted against the exterior wall or
surface of a building or structure and are subject to the following regulations:
1. That the wall sign does not exceed one and one half (1 1/2) square feet per
lineal lot front foot or fifteen percent (15%) of the building frontage area
or seventy-five (75) square feet, whichever is the greatest.
2. Wall signs shall not project above the roof.
b) Freestanding Signs may be erected and maintained in conjunction with a principal
use provided:
1. Signs shall have a surface area not exceeding one hundred (100) square
feet per sign face with an aggregate total not to exceed two hundred (200)
square feet if double faced.
2. Such Freestanding Sign, except a Directional Sign, is erected only on the
premise on which the principal use, to which the sign relates, is conducted.
Off Premise Signs are prohibited.
3. Notwithstanding the above, where two (2) or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates.
For the purpose of this subdivision, a combination of two or more business
operations within a single structure includes, but is not limited to,
shopping centers, shopping malls, and subdivided retail, office or
industrial buildings offered for lease or condominium ownership.
4. All Freestanding Signs shall be landscaped around the base, shall blend
into the natural features of the lot on which they are contained and shall be
consistent with the master landscaping plan of the development.
5. Except for Monument Signs, the surface area of the base of any
502.11-16
ORDINANCE 502 – ZONING ORDINANCE
Freestanding Sign shall not exceed twenty-five (25) percent of the face
area unless structural engineering illustrates the face cannot meet the wind
loading requirement of the Building Code.
6. The maximum height of a Freestanding Sign shall be twenty (20) feet.
c) The following signs are prohibited in the B-3 General Business District:
1. Portable/Mobile/Magnetic Signs
2. Beacons, banners, pennants, search lights, and streamers
3. Flashing or Blinking Signs
4. Roof Signs, except those affixed to parapets.
5. Off-Premise Signs
d) Architectural and Design Standards.
1. Principal buildings shall feature sign bands as an integral part of the
exterior architecture. Signs affixed to principal structures shall be placed
within said sign bands and the bands shall not exceed the maximum sign
height allowed in this section.
2. Signs affixed to the principal or accessory structures shall be composed of
materials or textures similar to those of the exterior façade to which they
are affixed.
3. Building sign and color palettes shall be analogous with a color employed
on the facade to which they are affixed. Analogous colors are those that
are next to each other on a color wheel as opposed to complementary
colors which are opposite of one another on the color wheel.
e) Master Sign Plan Required for Multiple Tenant Occupancies.
1. Master sign plans are required for all multiple tenant developments and/or
structures.
2. Sign placement and material for multiple tenant signs shall be uniform and
consistent with the development.
3. All signs contained in the Master Sign Plan shall conform to the
architectural, design, location, and performance standards of the
Ordinance.
f) Comprehensive Sign Plan – Special Use Permit.
502.11-17
ORDINANCE 502 – ZONING ORDINANCE
1. The comprehensive sign plan special use process is only applicable to the
B-3 District and is an alternative to the strict adherence of the regulations
contained in this Ordinance.
2. Applicants may request a special use permit, as provided by Section
502.07 of the City Code, as may be amended, to allow signage which is
not in strict compliance with the provisions of the B-3 District applicable
to signage but which is appropriate to the character of the development.
3. The comprehensive sign plan special use permit process is intended to
encourage a flexible procedure to review area-wide signage plans that:
A. Are appropriately related to the overall character of the development.
B. Provide adequate identification and information.
C. Maintain an acceptable visual environment.
D. Promotes traffic safety.
E. Are consistent with the purpose and intent of this Ordinance.
4. The comprehensive sign plan special use permit, or any modification
thereto, may contain such conditions, requirements or standards that may
be stipulated by the City Council to assure that signs covered by the plan
will not be detrimental to persons or property in the vicinity, or to the
public welfare.
5. The City Council shall only consider approval of a comprehensive sign
plan after receiving a recommendation from the Planning Commission.
6. Criteria for Special Use Permit review:
A. Consistency with the Architectural and Design Standards
contained in this Ordinance.
B. Sign Location and position: All signs shall be placed where they
are sufficiently visible and readable for their function. Factors to
be considered shall include:
i. The purpose of the sign,
ii. Its location in relation to traffic movement and access
points,
iii. Its location in relation to site features and structures, and
iv. Sign orientation relative to viewing distances and viewing
angles.
502.11-18
ORDINANCE 502 – ZONING ORDINANCE
C. Quantity
i. The quantity of signs approved under a special use permit
shall be no greater than that required to provide project
identification and entry signs, internal circulation and
directional information to destinations and development
sub-areas, and business identification. Factors to be
considered shall include the size of the development, the
number of development sub-areas and the division or
integration of sign functions.
ii. The number of signs approved under a special use permit
shall in no case exceed one hundred and twenty-five (125)
percent of that allowed under the traditional review process
within the B-3 District.
D. Size
i. Signs shall be larger than necessary for visibility and
readability. Factors to be considered in determining
appropriate size shall include topography, volume of
traffic, speed of traffic, visibility range, proximity to
adjacent uses, amount of sign copy, placement of display
(location and height), lettering style and the presence of
distractive influences.
ii. No sign approved shall exceed the maximum height
standard for signs contained in the B-3 District by more
than fifty (50) percent.
iii. No sign or combination of signs approved under a special
use permit shall exceed one hundred twenty-five (125)
percent of the maximum area standard allowed on the site
through the traditional review process.
E. Review Process. The review process shall be as prescribed in
Section 502.07 of the St. Joseph City Code relating to the processing
of conditional use permits as may be amended.
F. Comprehensive Sign Plan Amendments. Minor amendments to
comprehensive sign plans allowed under a Special Use Permit shall
be reviewed by the Zoning Administrator and do not require a public
hearing provide the proposed changes:
i. The proposed signage change meets all standards
prescribed in the Special Use Permit.
ii. The proposed signage change meets all other standards or
requirements set forth in this section of the City Code.
iii. The proposed signage change will not increase the number
of signs, the height of signs or the sign area authorized
502.11-19
ORDINANCE 502 – ZONING ORDINANCE
under the application Conditional Use Permit.
Subd. 20: LI- Light Industrial District: The general provisions of Section 502.11 apply to
all signs within the LI Light Industrial District. In addition, the following standards apply.
a) Wall Signs. Wall signs may be placed or painted against the exterior wall or
surface of a building or structure and are subject to the following regulations:
1. That the wall sign does not exceed one (1) square feet per lineal lot front
foot or fifteen percent (15%) of the building frontage area or seventy-five
(75) square feet, whichever is the greatest.
2. Wall signs shall not project above the roof.
b) Freestanding Signs
1. Freestanding Signs shall have a surface area not exceeding one hundred
(100) square feet per sign with an aggregate total not to exceed two
hundred (200) square feet if double faced.
2. Such sign except a directional sign is erected only on the premises on
which the principal use, to which the sign relates, is conducted.
3. Notwithstanding the above, where two (2) or more separate and individual
commercial operations are conducting business in separate areas of a
single building or structure, in which each operation owns or leases
separate and individual premises, but share in the use and maintenance of
common areas within or around the structure, then and in those
circumstances, each individual business operation may be permitted to
display an individual business sign as provided in subdivisions a) and b),
except that said sign must be directly attached to that particular premises
actually occupied by the business operation to which the sign relates. In
addition to these individual business signs, the combination of business
operations occupying the structure, may maintain a fifty (50) square foot
sign detached from the structure identifying the structure, the individual
business operations located therein, or other reference to the combination
of business operations located within the structure. For purposes of this
subdivision, a combination of two or more business operations within a
single structure includes, but is not limited to, shopping centers, shopping
malls, and subdivided retail, office or industrial buildings offered for lease
or condominium ownership.
4. All Freestanding Signs shall be landscaped around the base. Except for
monument signs, the surface area of the base of any Freestanding Sign
shall not exceed twenty-five (25) percent of the face area unless structural
engineering illustrates the face cannot meet the wind loading requirement
of the Building Code.
502.11-20
ORDINANCE 502 – ZONING ORDINANCE
5. The maximum height of a Freestanding Sign shall be twenty (20) feet.
Subd. 21: Downtown Service Signage Area.
a) The City recognizes a need to give motorists general and directional information
in the densely developed, pedestrian oriented core of the City in a concise and
convenient manner. The pedestrian-oriented core is separate and distinct from
vehicular oriented or residential corridors elsewhere in the City. The intense
pattern of structural development, the volume of pedestrian activity, the mix of
property uses, and activities occurring 24-hours a day may inhibit conveyance of
important messages within the pedestrian-oriented core. To provide a means of
effective communications the City hereby establishes a ‘Downtown Service
Signage Area’.
b) The Downtown Service Signage Area is illustrated on the Downtown Service
Signage Area Map which is hereby incorporated by reference. The area illustrated
in the map is described as: those lots fronting on College Avenue and Minnesota
Street from a point beginning on College Avenue at the southern terminus of the
intersection with CSAH 75, extending south on College Avenue to the
intersection of College Avenue and Minnesota Street and then proceeding west
along Minnesota Street to the intersection with CSAH 2 as it traverses in a
north/south fashion. All four quadrants of the intersection at College Avenue and
Minnesota Street are included in the map area. Areas north of the intersection of
College Avenue and CSAH 75 are not included in the Downtown Service Signage
Area.
c) Off-premise signs shall be permitted by Conditional Use Permits on lots which
front on the routes described in the Downtown Service Signage Area Map. Front
footage shall be as defined in the City Code, Section 502.04 (Rules and
Definitions) as may be amended. The standards contained in Section 502.07 and
related to special use permits apply.
d) Off-premise signs shall be ‘monument signs’ as defined in Subdivision 5 of
Section 502.11 as may be amended. Pylon signs are prohibited.
e) Off-premise signs shall not exceed twenty (20) feet in height or fifty (50) square
feet in area per sign face.
f) Off-premise signs are limited to two sides (i.e. sign faces) and one monument
base.
g) No off-premise sign shall be permitted within five hundred (500) feet of an
adjoining residential district, any property being guided by the Future Land
Use Map as residential or any public park, school, library, church, or
government building.
502.11-21
ORDINANCE 502 – ZONING ORDINANCE
h) In no case shall any off-premise signs be placed on the roof of a building or
structure.
i) Off-premise signs shall be maintained in good, upright condition and sign faces
shall be kept free of sagging or peeling.
j) Off-premise signs shall be in composed of materials or textures reasonably similar
in quality to facades in the immediate vicinity of said sign.
k) The City may require off-premise signs be similar is shape, design, and material
components so as to promote and retain visual continuity and a sense of place
within the Downtown Service Area. Said shape, design, and material components
may be represented in a standard developed by the City and hereby incorporated
by reference.
Subd. 22: Portable Signs.
a) Definition. A portable sign is one that is movable from one location to another
and is not permanently affixed to the ground, sales display device, or structure.
b) Permit Required. A business seeking to use or display a portable sign shall
obtain a permit from the City for the period of display. Permits will specify the
length of time the sign will be displayed, location of the sign, and business
applying to use the sign.
c) Length of Use. The duration of time a portable sign can be located on a
property is limited to a maximum of forty (40) days in any one calendar year.
d) Size. A portable sign shall not exceed 50 square feet which accounts for all
letters, numbers and attachments; excluding material required to support the
sign.
Subd. 23: Non-Conforming Signs: Compliance. It is recognized that signs exist within
the zoning districts which were lawful before this sign ordinance was enacted, but will be
prohibited under the terms of this section. It is the intent of this sign ordinance that
nonconforming signs shall not be enlarged upon or expanded, nor be used as grounds for adding
other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign
ordinance to permit legal nonconforming signs existing on the effective date of this sign
ordinance to continue as legal nonconforming signs provided such signs are safe, are maintained
so as not to be unsightly, and have not been abandoned or removed subject to the following
provisions:
a) No sign shall be enlarged or altered in a way which increases its nonconformity.
b) If the use of the nonconforming sign or sign structure is discontinued for a period
of one year, the sign or sign structure shall not be reconstructed or used except in
conformity with the provisions of this ordinance.
502.11-22
ORDINANCE 502 – ZONING ORDINANCE
c) Should such nonconforming sign or sign structure be damaged or structure be
destroyed by any means to an extent greater than fifty (50) percent of its market
value and all required permits for its reconstruction have not been applied for
within 180 days of when the sign or sign structure was damaged, it shall not be
reconstructed or used except in conformity with the provisions of this ordinance.
d) Should such sign or sign structure be moved for any reason for any distance
whatsoever, it shall thereafter conform to the regulations for the zoning district in
which it is located after it is moved.
e) No existing nonconforming sign shall be enlarged, expanded or moved except in
changing the sign to a sign permitted in the zoning district in which is it located.
f) When a parcel of property loses its nonconforming status all signs devoted to the
property shall be removed and all signs painted directly on any structure on the
property shall be repainted in a neutral color or a color which will harmonize with
the structure.
Subd. 24: Signs in Developing Subdivisions. During the development of a new
subdivision consisting of two (2) or more lots, there shall be allowed two (2) signs in the
subdivision, not to exceed twelve (12) feet in height. A fee is required to be paid for these signs,
as set by Council resolution. The City shall not review or consider the content of any message to
be displayed on such signs when determining whether to grant a permit. In addition to the signs
mentioned above, there shall be permitted one (1) sign not exceeding four (4) square feet, and
not more than six (6) feet in height, per lot in the subdivision. All signs allowed according to
this Subdivision shall be removed when 75 percent of the lots in the subdivision are fully
developed, or within two (2) years following the beginning of development in the subdivision,
whichever comes first. No signs allowed according to this Subdivision may be illuminated.
Subd. 25: Non-Commercial Speech. Notwithstanding any other provisions of this sign
ordinance, all non-commercial signs of any size may be posted in any number from August 1 in a
state general election year until ten (10) days following the state general election, and all signs
with a surface area of 50 square feet or less containing non-commercial speech may be posted
from eight (8) weeks prior to any special election until seven (7) days following the special
election. Signs permitted under this Subdivision shall be set back a minimum distance of no less
than fifteen (15) feet from the curb line, shall not be on any public right-of-way, and shall not be
permitted on school property or any other public lands.
Subd. 26: Substitution Clause. The owner of any sign which is otherwise allowed by this
sign ordinance may substitute non-commercial speech in lieu of any other commercial speech or
non-commercial speech. This substitution of copy may be made without any additional approval
or permitting. The purpose of this provision is to prevent any inadvertent favoring of
commercial speech over non-commercial speech or favoring of any particular non-commercial
speech over any other non-commercial speech. This provision prevails over any more specific
provision to the contrary.
502.11-23
ORDINANCE 502 – ZONING ORDINANCE
Subd. 27: Banners. Upon application to the City, a banner may be permitted to be hung
across the right-of-way at the two specified locations designated by the City to promote local
community events only. This ordinance shall not be construed as authorizing any such signs or
banners on public property or on private property other than those specifically authorized by the
City.
a) Permit Required. No banner shall be erected, altered, maintained or moved
without first securing a permit from the City. The content of the message or
speech displayed on the sign shall be limited to promoting community events and
shall be reviewed or considered in determining whether to approve or deny a
banner permit. Application for a permit shall be in writing addressed to the zoning
administrator and shall contain the following:
1. Names and addresses of the applicant(s);
2. The event the banner is meant to promote;
3. The location(s) at which any banner is to be erected;
4. The type and content of the banner;
5. A complete set of plans, showing the necessary elevations, distances, size
and details of the banner;
6. The cost of the banner;
7. Certification by applicant indicating the application complies with all
requirements of the banner ordinance; and
8. The dates the applicant(s) request the banner be present.
b) Approval by Planning Committee. Banner plans will be reviewed at regular
meetings by the Planning Committee. In addition, special meetings can be
requested for plan review. In reviewing the proposed banner, the Planning
Committee shall consider the following criteria:
1. Traffic circulation and pedestrian safety. Banners shall not contain content
or be placed in a manner to obstruct the safety of pedestrians, motorists,
cyclists, or other users of the public streets over which they are to hang.
2. Sign Design and Visual Impact.
3. Construction and Maintenance. All banners must be constructed and
maintained by the applicant and must be done in a manner that results in
professionally finished appearance. All banners shall be constructed in
such a manner and of such material that they shall be safe.
502.11-24
ORDINANCE 502 – ZONING ORDINANCE
c) All permits not approved or denied within thirty (30) days shall be deemed
denied. If the permit is denied, the issuing authority shall prepare a written notice
of the denial within ten (10) days of its decision.
d) Application Fee. An applicable permit application fee as listed City’s fee schedule
is due upon submission of the application.
e) Erecting and Removing Banner. Each applicant is responsible for hanging and
removing an approved banner. Roadway banners in support of community events
may be displayed for a period not to exceed twenty-one (21) days. All banners
must be removed within 48 hours of the scheduled event. The use of the posts to
hang a banner which promotes a community event will be given to applicants on a
first come, first serve basis.
f) Liability Insurance/Hold Harmless. Proof of liability insurance in accordance with
this subdivision shall be delivered to the City Clerk/Administrator prior to
issuance of the permit. The applicant must demonstrate proof of financial
responsibility with regard to liability naming the City as an insured. The policy of
insurance shall be in limits of not less than one million per occurrence. The
liability insurance policy required by this subdivision shall provide that it may not
be cancelled for any cause, either by the insured or the insurance company
without first giving notice to the City in writing of intention to cancel it,
addressed to the City Clerk/Administrator of the City of St. Joseph.
g) Liability. The applicant(s) shall hold the City of St. Joseph harmless from any and
all claims and actions, litigations, and from damages arising out of the erection,
maintenance or removal of any banner allowed under the authority of this
ordinance nor shall the City of St. Joseph be held liable for a claim based upon
enforcement of this ordinance.
h) Notice of Violation/Assessment of Costs. Notice of any violation of this
ordinance will be sent directly to the applicant(s) or to the party who failed to
submit an application in violation of this subdivision. Violation of this ordinance
is deemed a misdemeanor.
502.11-25
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ORDINANCE 502 – ZONING ORDINANCE
502.12-1
Section 502.12: GENERAL PERFORMANCE STANDARDS
The intent of this section of the zoning ordinance is to establish general development
performance standards. The regulations provided herein shall apply equally to all districts except
where special provisions provide otherwise.
Subd. 1: Accessory Buildings in Residential Districts.
a) Detached accessory buildings shall be located in the rear yard.
b) Detached accessory buildings which are greater than fifty (50) square feet, but
less than two-hundred (200) square feet shall require a zoning permit.
c) Detached accessory buildings two-hundred (200) square feet or greater shall
require a building permit.
d) Attached accessory buildings and structures shall comply with the setback
regulations in the respective zoning district. Detached accessory buildings shall be
setback a minimum of ten feet (10’) from the rear and side yard lot lines, except
that on corner lots shall have a side yard setback of twenty feet (20’) feet from the
property line on the intersecting street. Accessory buildings shall not be located
over any easement. Any accessory building proposed to be within five feet,
overhang to overhang of the principal building or the wall and soffit area of the
accessory building that is within five feet of the principal building shall be
constructed to a one-hour fire rating.
e) Accessory buildings shall not to exceed over one (l) story or sixteen (16) feet in
height, whichever is less.
f) All garages shall, if the vehicle entrance backs upon a public alley, be setback at
least ten (10) feet from the public alley right-of-way.
g) In no case shall the door of any structure, building, fence or improvement be
erected or constructed so as to extend beyond any lot line.
h) In business and manufacturing districts, accessory buildings and uses may occupy
any of the ground area which the principal building is permitted to occupy.
Accessory buildings such as buildings for parking attendants, guard shelters, gate
houses and transformer buildings, may be located in the front or side yard in the
Industrial District.
i) Within the R-1, R-2 and R-4 districts no detached accessory structures, shall
exceed the maximum lot coverage requirements outlined within the respective
ORDINANCE 502 – ZONING ORDINANCE
502.12-2
districts or the maximum allowable accessory structure square footage (floor area)
as shown in table 1:
Size of Lot Maximum allowable square footage
(floor area
0 - .5 acres 1,200
.51 acres – 1 acre 1,800
1.1 acres – 2 acres 2,200
2.1 acres and greater No limits as long as lot coverage
requirements are not exceeded.
Table 1
j) Within the R-1, R-2, and R-4 districts no lot may have more than two (2)
accessory buildings, excluding decks, porches and patios.
k) Accessory building of less than fifty (50) square feet shall not be considered when
computing the limitations of paragraph i. and j. above; but the combined area of
accessory building of less than 50 square feet shall not exceed a total of 100
square feet.
l) The same or similar exterior building material (such as siding, shingles, etc.) shall
be used on the accessory building and the principal building except for sheds that
are 100 square feet. Metal roofs are allowed provided they are constructed within
standing seams and concealed or exposed fasteners. Sheds 200 square feet or less
shall be anchored through a manufacturer’s approved anchoring kit.
m) Pole barns and hoop tubular frame buildings are prohibited.
Subd. 2: Carport. A shelter for a vehicle consisting of a roof built out from the side of a
building and supported by a wall, with a minimum of two open sides.
a) The structure shall meet the Minnesota Building Code and City Ordinances for
accessory buildings.
b) Post frame construction is prohibited.
c) Structural wall must be set on footings.
d) The parking pad shall consist of a durable and dust free surface consisting of
concrete, asphalt, paving stones, or similar material.
e) The structure shall meet the side and rear yard setbacks for the zoning district for
which the carport is located.
f) The carport area shall be included in the maximum allowed accessory area per lot
for the zoning district for which the carport is located.
ORDINANCE 502 – ZONING ORDINANCE
502.12-3
Subd. 3: Fencing. See Ordinance 506.00, Fence Ordinance which applies to the
construction and maintenance of all walls, fences, to include living fences.
Subd. 4: Swimming Pools, Spas, Hot Tubs
a) The swimming pool, spa or hot tub shall meet all required setbacks for the zoning
district for which they are located.
b) The swimming pools or yard around the pool shall be enclosed by a wall, fence or
combination thereof which is at least [6] feet in height with a self-closing gate
capable of being secured with a lock so as to prevent uncontrolled access. All
points of access shall be made lockable. For an in-ground pool, an automatic pool
cover can be used in lieu of fencing requirements provided it is certified and
complies with ASTM (American Society of Testing and Materials) F1346-91
standard, or successor standard.
c) For in-ground pools, required fencing shall be of durable material and shall be so
designed as to discourage climbing.
d) For above ground pools, pools sides that are vertical or slanted outward may
contribute to the required fencing, provided all points of access are controlled,
including the removal of all ladders or stairs when the pool is not in use.
e) If access to the pool is via a deck or porch, then no access from the ground is
permitted to the deck areas unless the property or ground access to the deck is
fenced. Entrances shall be equipped with self-closing, latching and lockable gates,
and be placed on the top of the gate.
f) A temporary pool defined as an above ground pool that is constructed with
nonmetallic, molded polymeric walls or inflatable fabric walls, which is not
intended as a permanent installation and installed/removed seasonally does not
require safety fencing.
g) All out-door spas and hot tubs require safety covers; therefore safety fencing is
not required.
Subd. 5: Screening and Landscaping.
a) Landscape/Vegetation Covering Required. In all zoning districts the lot area
remaining after providing for parking, driveways, loading, sidewalks or other
requirements shall be planted and maintained in grass, sodding, shrubs or other
acceptable vegetation or landscaping techniques. Prior to any turf establishment,
the portion of the lot to be established with turf must have a minimum of four (4)
inches of black dirt as a base.
b) Grass and Ground Cover.
1. Open Areas: All open areas of the site not occupied by building, parking,
ORDINANCE 502 – ZONING ORDINANCE
502.12-4
walkways, other permitted structures or storage shall be grass or approved
ground cover. Ground cover shall be planted in such a manner as to
present a finished appearance.
2. Undisturbed Areas: Exception to this is the undisturbed areas containing
natural vegetation, which can be maintained free of foreign and noxious
materials.
c) Minimum Size of Trees and Shrubs. The following minimum standards shall be
required for industrial, commercial, institutional, public/semi-public, and multiple
family residential uses:
1. Overstory deciduous trees - 1 ½ inch diameter
2. Ornamental trees - 1 ½ inch diameter
3. Coniferous trees - 4 feet tall
4. Major shrub planting – 2 gallons
d) Performance Standards. A landscape plan must be submitted with each project
and such plan must be prepared by an experienced landscape person. In order to
achieve landscaping which is appropriate to scale with the site of a building and
site, the minimum standards apply to all districts except A, R-1, R-2, R-4, and B-1
1. Trees: One tree for every one thousand (1,250) square feet of total
building floor area or one tree for every one hundred feet (100’) of site
perimeter, whichever is greater. A minimum of twenty-five percent (25%)
of the trees required will be coniferous.
2. Ornamental Trees: One ornamental tree can be substituted for every six-
tenths (6/10) overstory deciduous shade tree. In no case shall ornamental
trees exceed fifty percent (50%) of the required number of trees.
3. Understory Shrubs: One understory shrub for every four hundred fifty
(450) square feet of building or one shrub for every seventy five feet (75’)
of site perimeter, whichever is greater.
4. R-1, R-2, R-4, and R-5 Districts: Minimum standards set above apply to
R-1, R-2, R-4 and R-5 Districts in these instances:
A. Double frontage lots.
B. Anything other than a single-family home.
e) Credit for Large Trees. The total number of required overstory trees may be
reduced by one-half (1/2) tree for each new deciduous trees measuring four and
one-half inches (4 ½”) or more in diameter or each new coniferous tree measuring
eighteen feet (18’) or more in height. In no event, however, shall the reduction be
greater than twenty five percent (25%) of the total number of trees required.
ORDINANCE 502 – ZONING ORDINANCE
502.12-5
f) Credit for Existing Trees. The total number of required new overstory trees may
be reduced by the retention of existing overstory trees; provided, that the
following conditions are met:
1. Size and Species: Such trees fulfill the minimum requirements of this
Ordinance as to condition, size and species. City staff shall decide the
amount of the credit for such exiting trees based upon their condition,
location and distribution in the lot.
2. Protection during Development. Proper precautions to protect trees during
development shall be indicated on grading plans submitted for plan
review. These precautions shall be included in the landscape surety.
g) Maintenance. The property owner shall be responsible for replacement of any
dead trees, shrubs, ground covers and sodding.
h) Methods of Installation. All deciduous and coniferous trees shall be planted in
accordance with American Nursery and Landscape Association standards.
i) Landscaping/Planting in Easements. Plantings such as trees and bushes may be
placed in and utility easements at the risk of the property owner, provided they are
approved through the process identified in St. Joseph Ordinance No. 302, and
they do not change or interfere with the drainage. The city does not encourage
extensive plantings or landscaping in the easement area because of potential
drainage problems and the possibility of utility work in the easements. The city or
utility service providers shall not be required to replace plantings or landscaping
removed or damaged during work within the easement area.
j) Double Fronted Lots. Double fronted residential buildings and lots adjacent to
collector or arterial streets shall be screened. A fifteen-foot (15’) area for
landscaping shall be provided. Screening shall be accomplished by a combination
of earth berming and planting. Other requirements may be imposed on a case-by-
case basis. The required screening must be placed within the fifteen-foot (15’)
buffer area and designed by an experienced landscape person.
k) Light Encroachment. The light from automobile headlights and other sources
shall be screened whenever it may be directed onto adjacent residential windows.
l) Buffer Requirements. Where a business development and/or parking lot
exceeding five (5) spaces abuts upon a Residential District or use there shall be a
protective strip of not less than 15 feet in width established as a buffer zone.
Landscaped buffer must contain a fence or evergreen hedge.
m) Multi-Family Developments (R-3 and PUD). When adjacent to a lower density
residential use, all multifamily developments shall provide a landscaped area
within the minimum setback area. The landscaped area shall provide plantings
within the setback as a buffer between structures and the lower density residential
ORDINANCE 502 – ZONING ORDINANCE
502.12-6
property line.
n) Planting Screens. A planting screen shall consist of healthy, fully hardy plant
materials and shall be designed to provide a minimum year-round opaqueness of
eighty percent (80%) at the time of maturity. The plant material shall be of
sufficient height to achieve the required screening.
o) Screening Fence or Wall. A fence or wall may be used for screening when plant
materials are provided along the outside of the fence or wall for aesthetic appeal.
A screening fence, different from residential yard fence or wall shall be
constructed of attractive, permanent finished materials, compatible with those
used in the construction of the principal structure. Such screens shall provide a
minimum year-round opaqueness of eighty percent (80%) and be of sufficient
height to achieve screening but not to exceed six feet (6’) in height, except that in
business and industrial districts may be allowed up to eight feet (8’).
p) Earth Berms. An earth berm may be allowed for screening when used in
combination with plantings following a review and approval by the city. A height
minimum of twenty five percent (25%) of the required screen must be provided
with trees or shrubs or other acceptable plant materials. Earth berms shall be of
sufficient height to achieve screening but shall not exceed three to one (3:1) slope.
q) Waste Handling Screening. For industrial, commercial, institutional, public/semi-
public, and multiple family residential uses, excluding townhome developments,
all waste, recycling and related handling equipment shall be stored and kept in a
four-sided enclosure constructed of a brick, stone, decorative concrete material or
a material compatible with the material of the principle structure.
Subd. 6: Building and Lot Restrictions.
a) No building shall be erected, converted, enlarged, reconstructed or structurally
altered, nor shall any building or land be used except for a purpose permitted in
the district in which the building or land is located.
b) No building shall be erected, converted, enlarged, reconstructed or structurally
altered to exceed the height limit herein established for the district in which the
building is located.
c) No building shall be erected, converted, enlarged, reconstructed or structurally
altered except in conformity with the area regulations of the district in which the
building is located.
d) The minimum yards and other open spaces, including lot area per family, required
by this Ordinance for each and every building existing at the time of passage of
this Ordinance or for any building hereafter erected shall not be encroached upon
or considered as yard or open space requirements for any other building.
ORDINANCE 502 – ZONING ORDINANCE
502.12-7
e) Every building hereafter erected or structurally altered shall be located on a lot as
herein defined and in no case shall there be more than one (l) principal building
on one lot unless provided in this Ordinance.
f) On a through street, a lot fronting on two parallel streets, or a corner lot, both
street lines shall be front lot lines for applying yard, setback and parking
requirements, except that for the purpose of determining the location of the rear
yard, the following rules apply:
1. For a corner lot, the rear yard shall be that portion of the yard opposite the
yard frontage as defined by this Ordinance;
2. For a through lot, the rear yard shall be that portion of a lot opposite the
street from which the principal structure derives its address.
3. Any use generally permitted within the rear yard of a lot may be permitted
in the rear yard of a through lot or corner lot so long as the use meets all
setback requirements, assuming that the front yard setback applies to all
streets abutting the property.
g) Manufactured homes as defined in this Ordinance shall be limited to locations
provided in the district provisions.
h) Any dwelling constructed in an area zoned R-1, on a lot of a plat approved by the
City on or after July 15, 1991, shall include an attached or detached private garage
of at least 20 feet in width and 22 feet in depth. For purposes of this ordinance,
width shall be measured on the side of the garage having an overhead garage door
for motor vehicle access.
i) No galvanized or unfinished steel, galvalum or unfinished aluminum buildings
(walls or roofs) (except those specifically intended to have a corrosive designed
finish such as corten steel) shall be permitted in any zoning district except in
association with farming operations.
j) Buildings in all zoning districts shall maintain a high standard of architectural and
aesthetic compatibility with surrounding properties to ensure that they will not
adversely impact the property values of the abutting properties or adversely
impact the public health, safety and general welfare.
k) Residential dwellings in the R-1, R-2 and R-3 Districts, except those within
approved manufactured home subdivisions:
1. Shall have a minimum roof pitch of 4:12, and each roof shall be shingled
or feature approved materials.
2. Shall maintain a minimum width of twenty-two (22) feet throughout a
minimum of seventy percent (70%) of the structure.
ORDINANCE 502 – ZONING ORDINANCE
502.12-8
3. Shall be placed on permanent foundations of wood or concrete.
Subd. 7: Height and Yard Exceptions.
a) Chimneys, cooling towers, elevator bulk heads, fire towers, drive-in movie theater
screens, grain elevators, silos, penthouses, stacks, tanks, water towers, pumping
towers, radio or television towers, monuments, cupolas, steeples and mechanical
appurtenances pertaining to and necessary to the permitted use of the district in
which they are located, shall not be included in calculating the height of the
principal structure. Wind energy towers and solar collectors will be allowed by
the variance procedure provided under this Ordinance.
b) Outside stairways, fire escapes, fire towers, porches, platforms, decks, balconies,
boiler flues and other similar projections shall be considered as part of the
building and not allowed as part of the required space for yards, courts or
unoccupied space, provided, however, that this provision shall not apply to one (l)
fireplace or one (1) chimney, not more than eight (8) feet in length and projecting
not more than thirty (30) inches into the allowable side yard space nor cornices
not exceeding sixteen (16) inches in width nor to platforms, terraces or steps
below the first floor level, nor to unenclosed porches or other ground level
unenclosed projections not over one (1) story in height which may extend into a
front or rear yard not more than five (5) feet, or into a side yard not more than
four (4) feet, but such platform shall be restricted from the five (5) foot required
side yard in the residence district.
Subd. 8: Independent Sewage Treatment System Provisions.
a) Once available, all sewage and water facilities shall be connected to the
Municipal sewer and water facilities within ninety (90) days of when said services
become available. Where sewers are not constructed or in operation all sewage
facilities shall be connected to approved septic tanks and disposal fields. This
provision shall not apply to temporary construction sites, or portable units.
b) Where access to a public sanitary sewer is not available hereunder, the building
sewer shall be connected to an independent sewage treatment system complying
with rules and regulations contained herein; as prescribed by the Minnesota
Pollution Control Agency; and, as contained in all other local, state, or federal
mandates.
c) Rules and regulations applicable to independent sewage treatment systems
contained within Minnesota Rules are hereby incorporated.
d) The building owner/lessee shall be required to operate and maintain the
Independent sewage treatment system in a sanitary manner, at all times, without
City expense.
ORDINANCE 502 – ZONING ORDINANCE
502.12-9
e) Existing ISTS which are failing shall be required to be upgraded, replaced, or
repaired in compliance with provisions herein contained and as set forth in
Minnesota Rules, as applicable, within 180 days.
f) All ISTS design, installation, alteration, repair, maintenance, pumping, and
inspection activities shall be completed under a license or by a qualified
employee, or as exempted under part 7080.0700, subpart 1 (Minnesota Rules).
g) At such time as a public sewer becomes available to a property served by an
independent sewage treatment system, and a direct connection is made to the
public sewer and any septic tanks, cesspools, leaching pits, dry wells, seepage
pits, privies, and similar private sewage disposal facilities shall be abandoned in
compliance with Minnesota Rules, Chapter 7080.0176.
h) No statement contained herein shall be construed to interfere with any additional
requirements that may be imposed by the City or other authority.
i) Permit Requirement. Prior to commencement of the construction or the alteration
or repair of an independent sewage treatment system, an applicant must obtain a
written permit from the City. The permit application shall include:
1. Site evaluation report by a licensed septic system designer including items
identified in MN Rules Chapter 7080, and including a certified statement
from the entity that conducted the evaluation.
2. A design report and drawings created by a licensed septic system designer
including calculations and summaries for all system component sizing.
3. Additional information as requested and provided for within this
Ordinance.
j) The City shall not issue a zoning permit for a bedroom or bathroom addition, or a
system replacement on a property served by an ISTS unless the individual sewage
treatment system is in compliance with applicable requirements hereunder as
evidenced by a certificate of compliance.
k) A permit for an ISTS shall not become effective until installation has been
completed as certified by the City. The City shall be allowed to inspect the work
at any stage of construction with or without notification. The applicant shall
notify the building inspector when the ISTS is ready for final inspection, and
before any underground portions are covered.
l) Recordkeeping.
1. The City shall maintain copies of certificates of compliance, notices of
noncompliance, permit applications, issued permits, enforcement
proceedings, variance requests, and other actions taken. Said records shall
ORDINANCE 502 – ZONING ORDINANCE
502.12-10
be available for review as defined in MN Rules 7080.
2. The City shall submit an annual report to the commissioner to demonstrate
enforcement of this Chapter, provided application has been made thereto.
Subd. 9: Lighting Standards. Any lighting used to illuminate an off-street parking area,
sign or other structure shall be arranged as to deflect light away from any adjoining residential
zone or from the public streets. Direct or sky-reflected glare, where from floodlights or from
high temperature processes such as combustion to welding shall not be directed into any
adjoining property. The source of lights shall be hooded or controlled in some manner so as not
to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of
adjacent property or public right-of-way. Any light or combination of lights which case light on
a public street shall not exceed one (1) foot candle (meter reading) as measured from the center
line of said street. Any light or combination of lights which cast light on residential property
shall not exceed 0.4 foot candles (meter reading) as measured from said property.
Subd. 10: Pollution. All uses shall comply with all federal, state and local pollution and
nuisance laws and regulations, including, but not limited to, glare, smoke, dust, odors and noise.
The burden of proof for compliance of appropriate performance standards shall lie with the
applicant.
Subd. 11: Dwelling Unit Restrictions.
a) No cellar, basement, garage, tent or accessory building shall at any time be used
as an independent residence or dwelling unit, temporarily or permanently.
b) Basements may be used as living quarters or rooms as a portion of residential
dwellings. Rental unit(s) in basements shall be subject to provisions of the
appropriate zoning district as well as the provisions of Ordinance #550 governing
rentals.
c) Tents, play houses or similar structures may be used for play or recreational
purposes, but shall not be independent residences or dwelling units, except as
provided for via license in licensed recreational camping areas.
d) No dwelling shall hereafter be erected or altered unless there is direct access to it
from a public street.
Subd. 12: Outdoor Storage and Refuse.
a) Outside storage. Residential Uses.
1. All outside storage of materials and equipment for residential uses
(excluding farms) shall be stored within a building or fully screened so as
not to be visible from adjoining properties, except for the following:
A. Clothes line pole and wire.
ORDINANCE 502 – ZONING ORDINANCE
502.12-11
B. Any combination of two or fewer licensed and operable
recreational vehicles (RV’s, boats, snowmobiles on a trailer, etc.)
and/or seasonal automobiles may be parked or stored on property
outside a home, provided:
i. If they are stored in the front yard they are stored entirely
on an established driveway, entirely on the owner’s
property.
ii. If stored in the side yard they are at least five feet from the
property line.
iii. If stored in the rear yard they are at least ten feet from the
rear lot line and five feet from a side lot line.
iv. If stored on a corner lot they are not closer than twenty feet
from the property line abutting a side street.
v. Storage and/or parking of commercial vehicles and/or
equipment, or any combination thereof, is prohibited. This
section will not apply to light trucks classified as ½ ton and
¾ ton pickups, panels and sedans.
C. Construction and landscaping material currently being used on the
premises.
D. On and off-street parking of currently registered and operable
passenger vehicles and trucks.
E. Lawn furniture or furniture used and constructed explicitly for
outdoor use.
F. Rear or side yard exterior storage of firewood for the purpose of
consumption only by the person(s) on whose property it is stored.
b) Commercial/Industrial Uses. Except as allowed by district use provisions, outside
storage of equipment, materials and inventory as a principal or accessory use for
commercial and industrial uses shall require a conditional use permit subject to
the provisions of this Ordinance and all non-residential outside storage shall
conform to the following conditions:
1. The area occupied is not within a required front or required side yard.
2. The storage area is totally fenced, fully screened, and landscaped
according to a plan approved by the Zoning Administrator.
ORDINANCE 502 – ZONING ORDINANCE
502.12-12
3. If abutting a Residential District, or a residential use, screening and
landscaping is provided according to a plan approved by the Zoning
Administrator.
4. The storage area is covered to control dust and storm water drainage with
bituminous surfacing, concrete or a comparable substitute approved by the
City.
5. All lighting shall be directed away from the public right-of-way and from
neighboring residences.
c) Refuse. All lots within all zoning districts shall be maintained in a neat and
orderly manner. No rubbish, salvage materials, junk, or miscellaneous refuse
shall be openly stored or kept in the open, when the same is construed by the City
Council to be a menace or nuisance to the public health, safety, or general welfare
of the City, or to have a depressing influence upon property values in the area.
d) Waste Materials. Waste materials are to be picked up and disposed of in
accordance with any and all city standards applicable to refuse/waste materials.
Excluded waste materials must be disposed of in a safe and appropriate manner in
accordance with local, state, and federal law. Release of excluded waste materials
to public or independent sewage treatment systems, the environment, or the solid
waste stream is strictly prohibited. The Disposal Service shall, upon collection,
immediately assume title to and liability for solid waste materials, recyclables,
and demolition debris.
Subd. 13: General Building and Performance Standards:
a) Residential Dwellings: All residential dwellings shall meet the following design
criteria:
1. All structures shall have permanent type foundations that are designed and
constructed in accordance with all applicable provisions of the State
Building Code as adopted in the State of Minnesota.
2. The exterior wall finish of all single-family residences shall be similar in
appearance to normal wood, stucco, stone veneer or masonry material.
Vinyl and metal siding are permitted with no exposed fasteners and
overlapping in sections not wider than 12 inches. Sheet metal siding is not
permitted.
3. All roofs shall be covered with materials as approved by the State
Building Code as adopted by the State of Minnesota and shall be similar in
appearance to asphalt shingles, wood shakes, slate, and concrete tile. Sheet
type metal roofing is an approved alternative provided all of the following
are met:
ORDINANCE 502 – ZONING ORDINANCE
502.12-13
A. A metal material which is an approved type in accordance with the
State Building Code.
B. Be standing-seam profiled metal.
C. Constructed of corrosion resistant material or have a corrosion
resistant coating.
D. Have concealed fasteners.
Subd. 14: Solar and Wind Energy Conversion Systems. Solar and wind energy systems
shall be permitted as an accessory use in all zoning districts, subject to the standards of
this section and other provisions of this Ordinance. Solar collector surfaces and all
mounting devices and wind energy conversion systems shall comply with minimum
setback and lot coverage requirements of the district in which they are located.
a) Building-Mounted Solar Energy Systems.
1. Permitted accessory use in all zoning districts (both principal and accessory
buildings) provided it is roof-mounted or built into roofing, including solar
shingles, roofing tiles, and skylights or a photovoltaic curtain wall
(photovoltaic glass). Solar awnings shall be allowed in agriculture and
residential districts provided it is in the rear yard.
2. Notwithstanding the height limitations of the zoning district, roof mounted
solar energy systems shall not extend higher than three (3) feet above the
ridge level of a roof on a structure with a gable, hip, or gambrel roof and shall
not extend higher than ten (10) feet above the surface of the roof when
installed on a flat or shed roof.
3. The solar collector surface and mounting devices for roof-mounted solar
energy systems shall be set back not less than one (1) foot from the exterior
perimeter of a roof for every one (1) foot that the system extends above the
roof surface on which the systems is mounted. Solar energy systems that
extend less than one (1) foot above the roof surface shall be exempt from this
provision but shall not hang over the edge of the roof.
b) Ground-Mounted Solar Energy Systems.
1. Permitted accessory use in the agriculture, and rural residential zoning
districts.
2. Ground-Mounted solar energy systems, measured to the highest point of the
system, shall not exceed the twenty (20) feet when oriented at maximum tilt.
3. Ground-mounted solar energy systems shall be located in the side or rear yard
subject to the minimum setback of the zoning district and be located a
ORDINANCE 502 – ZONING ORDINANCE
502.12-14
minimum of fifty (50) feet from the rear and side yard property line. The
required setback shall be measured from the property line to the closest part of
the structure at minimum design tilt.
4. The area of the solar collector surface of ground-mounted solar energy
systems shall not exceed one half the building footprint of the principal
structure. The maximum area of the solar energy systems shall be calculated
independently of the floor area of all other accessory structures on the zoning
lot and shall be exempt from the number of accessory building limits.
c) Conditional Use. Solar energy systems in the industrial, educational-
ecclesiastical, public and in the agriculture and rural residential zoning districts
that do not comply with the standards of Subd. 14 b above may be allowed by
conditional use permit, subject to the following standards:
1. Solar energy systems in the industrial, educational-ecclesiastical, and public
zoning districts shall be an accessory use and not exceed three (3) percent of
the lot area and be less than 1 MW, whichever is less.
2. Solar energy systems in the agriculture, and rural residential zoning districts
shall be allowed as a principal or accessory use up to 5 MW.
3. Power and communication lines. Power and communication lines running
between the banks of solar panels to electric substations or interconnections
with buildings that are on adjacent parcels shall be buried underground. 4.
Setbacks. Solar farms and gardens must meet the minimum building setback
for the zoning district and be located a minimum of two hundred (200) feet
from a residential use/dwelling not located on the property.
5. Screening. Ground-mounted solar energy systems shall be screened when
adjacent to a public right of way or a residential use or zoned property
pursuant to Section 502.12 Subd. 5.
6. Vegetation requirements and management. The following provisions shall be
met related to the establishment of vegetated ground cover if the ground-
mounted solar system has a generating capacity of more than 40 kilowatts.
Additional requirements may apply as required by the City Council.
1. The project site design shall include the installation and establishment of
ground cover meeting the beneficial habitat standards using native plant
species and seed mixes consistent with the Department of Natural
Resources “Prairie Establishment & Maintenance Technical Guidance for
Solar Projects” and guidance as set by the Minnesota Board of Water and
Soil Resources.
a) Beneficial habitat standards shall be maintained on the site for the
duration of operation, until the site is decommissioned.
ORDINANCE 502 – ZONING ORDINANCE
502.12-15
d) General Performance Standards for Solar Systems. Requirements for all zoning
districts.
1. No solar energy system of any kind shall be erected anywhere within the city
without first making application for and obtaining from the city a permit
thereof which shall not be granted unless all requirements of this Section and
this Ordinance are met, and the proposed use will not be harmful to the public
health, welfare, and safety.
2. The supporting framework for freestanding solar energy systems shall not
include unfinished lumber.
3. Solar thermal piping shall match roof or solar collector color.
4. Solar energy systems shall not be used for the display of advertising.
5. Stormwater management shall meet the requirements of the City’s Stormwater
Design Standards and this Ordinance.
6. Erosion and sediment control shall meet the requirements of this Ordinance.
7. Foundations. The manufacturer’s engineer or another qualified engineer shall
certify that the foundation and design of the solar panels is within accepted
professional standards, given soil and climate conditions.
8. All solar systems shall be in compliance with any applicable local, state and
federal regulatory standards, including the State of Minnesota Uniform
Building Code, as amended; and National Electric Code, as amended.
9. All solar energy systems using a reflector to enhance solar production shall
minimize glare from the reflector that affects adjacent or nearby properties.
Measures to minimize nuisance glare include selective placement of the
system, screening on the north side of the solar array, modifying the
orientation of the system, reducing use of the reflector systems, or other
remedies that limit glare.
10. All abandoned or unused solar panels and/or ground-mounted solar energy
systems shall be removed within twelve (12) months of the cessation of
operations.
e) Building-Mounted Wind Energy Conversion Systems.
1. Permitted accessory use in all zoning districts.
2. Building mounted wind energy conversion systems shall not exceed fifteen (15)
feet in height (structure and rotors).
ORDINANCE 502 – ZONING ORDINANCE
502.12-16
3. The maximum number of systems per buildings shall be 1 per 2,000 SF of roof
area for four (4) or more stories and at least forty-two (42) feet in height and 1
per 4,000 SF of roof area for less than four (4) stories and forty-two (42) feet
in height.
4. The setback (structure and rotors) shall be ten (10) feet from the front, side, and
rear walls of the building upon which it would be mounted.
5. The structure upon which the proposed wind energy conversion system is to be
mounted shall have the structural integrity to carry the weight and wind loads
of the wind energy system and have minimal vibration impacts on the
structure.
f) Freestanding Wind Energy Conversion Systems.
1. Permitted accessory use in the agriculture and rural residential zoning districts
provided the lot size is ten (10) acres or more.
2. Only one (1) freestanding wind energy conversion system per lot, located in the
side or rear yard shall be allowed.
3. The maximum height shall be forty (40) feet.
4. The minimum setback shall be 125% of the height of the wind energy system
(pole and rotors).
g) Conditional Use. Wind energy conversion systems in the agriculture and rural
residential zoning districts that do not comply with the standards of Subd. 14 f
above may be allowed by conditional use permit, subject to the following
standards:
1. The minimum lot size is twenty (20) acres or more.
2. The minimum lot area per pole shall be one per 10 acres.
3. The maximum height shall be one hundred (100) feet.
4. The minimum setback shall be 125% of the height of the wind energy system
(pole and rotors).
h) General Performance Standards for all Wind Energy Conversion Systems.
1. No wind energy conversion system or support tower of any kind shall be
erected anywhere within the city without first making application for and
obtaining from the city a permit thereof which shall not be granted unless all
requirements of this Section and this Ordinance are met, and the proposed use
ORDINANCE 502 – ZONING ORDINANCE
502.12-17
will not be harmful to the public health, welfare, and safety.
2. Scaled schematic drawings and photographic perspectives showing the
structure and the placement of the wind energy conversion system shall be
submitted to the city.
3. Prior to the issuance of a permit, the applicant shall provide documentation or
other evidence from the dealer or manufacturer that the wind energy
conversion system has been successfully operated in atmospheric conditions
and is warranted against any systems failures under reasonably expected
severe weather.
4. A written certification from a licensed structural engineer that the structure
has the structural integrity to carry the weight and wind loads of the wind
energy conversion system and have minimal vibration impacts on the structure
shall be submitted to the city.
5. An analysis from a licensed engineer showing how the wind energy
conversion system shall be designed, constructed and operated in compliance
with all applicable federal, state, and local laws, codes, standards and
ordinances.
6. A written certification from a licensed engineer confirming that the wind
energy conversion system is designed to not cause electrical, radio frequency,
television and other communication signal interference.
7. Written evidence that the electric utility service provider that serves the
proposed site has been informed of the applicant’s intent to install a wind
energy conversion system, unless the applicant does not plan to connect the
system to the electricity grid and declares so in the application.
8. The freestanding wind energy system shall be of monopole design.
9. All systems shall contain an internal governor or braking device which
engages at wind speeds in excess of forty (40) miles per hour and minimizes
the potential for wind damage to the equipment.
10. Restriction on sound level at the lot line shall comply with the state pollution
control agency’s pollution control section (NPC 1 and NPC 2), as amended.
11. Minimum blade clearance to the ground of 30 feet for pole mounted
horizontal turbines.
12. Wind energy conversion system tower foundations shall be designed to resist
two times the wind uplift calculated under the Uniform Building Code as
adopted by the city and shall have a professional engineer’s certification.
ORDINANCE 502 – ZONING ORDINANCE
502.12-18
13. No wind energy conversion system tower shall be constructed within 20 feet
laterally of an overhead electrical power line (excluding secondary electrical
service lines or service drops). The setback from the underground electric
distribution lines shall be at least five feet.
14. All sites shall be reasonably protected against unauthorized climbing. The
bottom of the tower, measured from ground level to twelve (12) feet above
ground level, shall be designed in a manner to discourage unauthorized
climbing.
15. All electrical wires associated with a freestanding wind energy conversion
system shall be located within the tower and underground. Such systems and
towers shall be adequately grounded, as determined by city engineer, for
protection against a direct strike by lightning and shall comply, as to electrical
wiring and connections, with all applicable federal regulations, state statutes,
regulations, and standards, as well as city codes.
16. Advertising or identification of any kind on wind energy conversion systems
shall be prohibited, except for applicable warning and equipment information
signage required by the manufacturer or by federal, state, or local regulations.
17. Wind energy conversion systems shall not be illuminated by artificial means,
except where the illumination is specifically required by the Federal Aviation
Administration or other federal, state, or local regulations.
18. Wind energy conversion systems shall utilize building materials, colors, and
textures that are compatible with the existing principal structure and that
effectively blend the system facilities into the surrounding setting and
environment to the greatest extent possible. Rotor blades shall be non-metallic
to prevent communication signal interference. Metal towers shall be
constructed of, or treated with, corrosive resistant material.
19. All abandoned or unused wind energy conversion systems shall be removed
within twelve (12) months of the cessation of operations.
Subd. 15: Conditional Use Permit applications for solar energy systems and wind energy
conversion systems shall include the following:
a) A site plan prepared by a qualified and licensed civil engineer or architect
showing the following:
1. Existing property lines and property lines extending one hundred (100) feet
from the exterior boundaries, including the names of the adjacent property
owners and current use of those properties.
2. Existing public and private roads, showing the widths of the roads and any
associated easements.
ORDINANCE 502 – ZONING ORDINANCE
502.12-19
3. Existing buildings onsite.
4. Location and size of any existing and abandoned wells, sewage treatments
systems, and dumps.
5. Existing and proposed impervious surface.
6. Topography at (2) foot intervals and source of contour interval, a contour map
of surrounding properties may be required.
7. Existing vegetation (list type and percent of coverage; i.e. grassland, pasture,
plowed field, wooded areas, etc.).
8. Waterways, watercourses, lakes and public water wetlands.
9. Delineated wetland boundaries.
10. The one hundred (100) year flood elevation and Regulatory Flood Protection
Elevation, floodway, flood fringe and/or general flood plain district boundary,
if applicable.
11. The shoreland district boundary, if any portion of the project is located in a
shoreland overlay district, including the ordinary high water level, the highest
known water level, and the toe and top of any bluffs within the project
boundaries.
12. Drainage and grading plan.
13. Erosion and sediment control plan.
14. The number of solar panels or wind energy conversion systems and acreage to
be installed.
15. The location and spacing of solar panels or wind energy conversion systems,
including distances from property lines.
16. Sketch elevation of the premises accurately depicting the proposed solar
energy conversion system and its relationship to structures on adjacent lots (if
any).
17. Location of access roads.
18. Planned location of underground or overhead electric lines connecting the
solar farm to the building, substation or other electric load.
19. New electrical equipment other than at the existing building or substation that
ORDINANCE 502 – ZONING ORDINANCE
502.12-20
is the connection point for the solar farm.
20. A detailed landscaping plan for solar projects, including location, type and
size.
b) Glare Study. Solar Projects utilizing a reflector system shall conduct a glare study
(US Dept. of Energy’s Solar Glare Hazard Analysis Tool) to identify the impacts
of the system on occupied buildings and transportation rights-of-way within a half
mile of the project boundary.
c) Decommissioning Plan. A decommissioning plan shall be required for solar
energy systems and wind energy conversion systems for the abandonment of
facilities.
1. Decommissioning of solar panels and wind energy conversion systems
must occur in the event the conditional use permit expires or is terminated,
and/or the solar panels or wind energy conversion systems are not in use
for twelve (12) consecutive months.
2. Decommissioning Plan components shall include:
A. Removal of all structures, foundations, equipment, and
power/communication lines.
B. Restoration of the site soils and vegetation to its pre-development
condition.
C. Financial guarantee in a form and amount acceptable to the City
Attorney naming the City as oblige. The amount of the guarantee will
be calculated using an inflationary escalator for the useful life of the
facility constructed and will cover the full cost of decommissioning.
d) Enforcement. If said decommissioning has not been completed within a six (6)
month period after the conditional use permit expires or is terminated, and/or
solar panels or wind energy conversion systems are not in use for twelve (12)
consecutive months, then the City shall provide written notice by certified mail to
the landowner requiring that decommissioning be completed within thirty (30)
calendar days of the receipt of said notice. If the decommissioning has not been
completed within thirty (30) calendar days of the receipt of said notice, the City
may either undertake the decommissioning and charge the landowner and/or
facility owner and operator for all of the costs and expenses thereof, including
reasonable attorney’s fees, or take appropriate action to compel the
decommissioning. All costs incurred by the City shall be billed to the landowner
and if not paid within sixty (60) calendar days of billing, shall become a lien
against the project or levied as an assessment against the property. In the event
that the City chooses to undertake the decommissioning as stated above, the City
shall have the right to draw on the bond, letter of credit, escrow or other financial
ORDINANCE 502 – ZONING ORDINANCE
502.12-21
security at its discretion.
Subd. 16: Development/Site Plan Review. All site and building plans for multiple family
residential, commercial, industrial, institutional or public/semi-public uses shall require site plan
review and approval by the Zoning Administrator except as waived in Subd. 18 of this title.
Plans shall be prepared by a qualified and licensed civil engineer and architect.
a) Applications and Submittal Requirements: Applications for site and building
review shall be filed with the Zoning Administrator and shall be accompanied by
the appropriate fee and the following submittal information:
1. Proof of title and contract/purchase agreement and property owner signature
on the application form when applicable.
2. One electronic copy of detailed written materials, plans and specifications.
3. Site Plan depicting the following:
A. Name of project or development.
B. Name and address of developer and/or owner and
engineer/architect.
C. Scale (engineering only) at not less than one (1) inch equals one
hundred feet.
D. North point indication.
E. Existing boundaries with lot dimension and lot area.
F. Existing buildings, structures and improvements.
G. Easements of record.
H. Delineated wetland boundary, to include the OHWL of any lakes
or DNR waters.
I. All encroachments.
J. Legal description.
K. Location, setback and dimensions of all proposed buildings and
structures.
L. Location of all adjacent buildings and structures within one
hundred (100) feet of the exterior boundaries of the subject
property.
ORDINANCE 502 – ZONING ORDINANCE
502.12-22
M. Location, number, dimensions of all proposed parking stalls,
loading areas, fire lane, drive aisles, with curbing shown.
N. Location, width and setbacks of all proposed street accesses and
driveways and existing accesses within 100 feet of the property.
O. Location, width and setbacks of all proposed sidewalks, walkways
and trails.
P. Location and type of all proposed lighting, including fixture
details.
Q. Provisions for storage and disposal of waste, garbage and
recyclables, including details for enclosing and screening exterior
containers.
R. Calculations for impervious/pervious surfaces.
4. Architectural Plans showing the following.
A. Date of plan preparation and dates of any subsequent revision.
B. Architectural elevations, in color, of all principal and accessory
buildings (type, and materials used in all exterior surfaces).
C. Typical floor plan and room plan drawn to scale with a summary
of square footage by use or activity.
5. Grading Plan depicting the following:
A. Existing contours at two (2) foot intervals.
B. Proposed grade elevations at two (2) foot maximum intervals.
C. Drainage plan, including the configuration of drainage areas and
calculations.
D. Spot elevations.
E. Surface water ponding and treatment areas.
F. Erosion control measures.
G. Wetland replacement plan (when applicable).
H. Soil borings.
I. Drainage calculations for 2, 10, and 100 year storm events.
J. Delineated wetland boundary, to include OHWL of any lakes or DNR
waters.
K. Date of plan preparation and dates of any subsequent revisions.
6. Screening of heating, ventilation and air-conditioning equipment.
7. Landscaping material including the location, type of plant and size.
ORDINANCE 502 – ZONING ORDINANCE
502.12-23
8. Utility Plan showing the following:
A. Location of hydrants, valves and manholes, if any.
B. Location, sizing, and type of water and sewer system main and
proposed service connections, hydrants, valves, and manholes; or,
C. Location and size of proposed primary and secondary on-site treatment
systems, when allowed.
D. Storm sewer, catch basins, invert elevation, type of castings and type
of materials.
9. A description of provisions which shall be made on the site for adequate open
space and recreational areas to properly serve residents of the facility.
10. Any other fencing, screening, or building accessories to be located in the
development area.
b) Design Standards: Plans which fail to meet the following criteria shall not be
approved.
1. The proposed development application must be consistent with the St. Joseph
Comprehensive Plan, city policies and plans, including:
A. Land Use Plan
B. Utility (Sewer and Water) Plans
C. Local Water Management Plan
D. Capital Improvement Plan
E. Transportation Plan
F. Stormwater Design Standards
2. The proposed development application conforms to this Ordinance and other
applicable City Codes.
3. The proposed development shall be served with adequate and safe water
supply.
4. The proposed development shall be served with an adequate and safe sanitary
sewer systems.
c) Review and Required Fee.
1. The Zoning Administrator shall forward copies of application and site and
building plans to the appropriate staff, consultants and governmental
agencies for review and recommendation. The Community Development
Department shall perform a review and approve or deny the application.
The Community Development Department may also suggest conditions as
they deem necessary to the approval of the site and building plans.
ORDINANCE 502 – ZONING ORDINANCE
502.12-24
2. The applicant may appeal any denial or decision by the Department to the
Planning Commission and City Council according to the appeals process
in this Ordinance.
3. Fees payable under this section for site plan review shall be in an amount
as established by resolution of the City Council. Preparation and review
of all elements of the required development plan, as listed and described
above, is to be at the sole expense of the developer and at no expense to
the public. The fee is payable at the time of filing a petition and is not
refundable. In addition to the above fees and in the event the City incurs
professional fees, either legal, engineering or professional planners, or any
other cost, including but not limited to, postage and publication expenses,
the applicants shall reimburse the City for those fees, and the City officials
may require an escrow deposit, cashier’s check or letter of credit for these
fees prior to the final action on the application for development plan
review. Such escrow or letter of credit shall be in the form approved by
the City Attorney.
Subd. 17: Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
a) A Lock Box shall be installed on all buildings before a Certificate of Occupancy
will be issued.
b) A copy of proposed covenants and/or homeowner’s association agreement (s).
c) When required, evidence of completion of National Pollutant Discharge
Elimination System (NPDES) permitting program and/or the City of St. Joseph
Storm Water Pollution Prevention Program (SWPPP).
d) If applicable, evidence of compliance with federal, state and local pollution and
nuisance laws and regulations, including, but not limited to glare, smoke, dust,
odors and noise. The burden of proof for compliance with appropriate standards
shall lie with the applicant.
e) Every site plan applicant shall be required to submit with the site plan a complete
and accurate statement concerning the specific nature of the intended use of the
property.
Subd. 18: Site Plan Application Waiver
a) Interior Modifications of Existing Permitted Building: Construction which is
limited to interior modifications of an existing permitted building do not need site
plan approval and may proceed to building permit submittal.
b) Exterior Modifications of Existing Buildings: Modifications to an existing
permitted building can proceed direct to building permit submittal provided the
modifications result in a twenty-five percent (25%) or less increase in building
footprint.
c) Detached structures: Proposed detached structures that are fifty percent (50%) or
less the size of the principal structure can proceed directly to building permit
ORDINANCE 502 – ZONING ORDINANCE
502.12-25
submittal provided the structure does not require Engineer/stormwater review. If
Engineer/stormwater review is needed a site plan application and applicable fees
shall be submitted. All Zoning requirements shall be met regardless if the
proposed structure needs site plan approval or not.
Amended 05/2021
ORDINANCE 502 – ZONING ORDINANCE
Section 502.13: MOVING OF BUILDINGS
Subd. 1. Street or streets, as used in this Section, means all streets and highways in the
City which are not state trunk highways, county state-aid highways, or county roads.
Subd. 2: Exemption. This Section shall not apply to the Minnesota Department of
Transportation.
Subd. 3: Application and Permit Required For Moving Building Through City.
a) It is unlawful for any person to move a building on any street without a moving
permit from the City. This permit is intended for oversize, overweight equipment
and building moving on city roads. A permit for movement is required if
equipment and or vehicles including load exceed the following legal limitations:
1. Legal Dimension Limitations. A permit for movement is required if
equipment and/or vehicles including load exceed the following legal
limitations: maximum over all width-8’6"; maximum overhaul height-
13’6"; maximum overall length-single motor vehicle=40 feet, truck crane
= 45 feet, semitrailer = 48 feet, trailer/semitrailer in 3 vehicle combination
= 28 feet 6 inches, combination of 2 vehicles = 65 feet, truck tractor
semitrailer combination exceeding 65 feet and "twin trailer" 3 vehicle
combinations exceeding 55 feet limited to designed routes. A trailer is
limited to 45 feet long with 65 feet the maximum overall length of a truck
and trailer combination.
2. Legal Gross Weight Limitation. The gross weight on any one axle shall
not exceed 18,000 lbs. on 9-Ton Routes nor 20,000 lbs. on 10-Ton
Designated Routes. Non tandem axle group shall exceed 34,000 lbs. on all
routes. A single axle is defined by law as including all wheels whose
centers may be within 40 inches apart. Wheel load may not exceed 600
lbs. per inch width of tire nor the manufactures recommended load,
whichever is less. The maximum total gross interstate and 10-Ton
Designated routes where a 5-axle combination may not exceed 80,000 lbs.
A 6-axle combination of vehicles may not exceed a total gross weight of
80,000 lbs. on all routes.
b) Other Jurisdiction Authorization. Other jurisdiction authorization for a movement
over streets and roads other than the City streets must be obtained from the
appropriate authorities under whose jurisdiction such streets and roads or
highways come.
502.13-1
ORDINANCE 502 – ZONING ORDINANCE
c) Application Requirements. The application for a moving permit shall state the
approximate size and weight of the structure or building proposed to be moved,
together with the places from and to which it is proposed to move the same, and
proposed route to be followed, proposed dates and times of moving and parking,
and the name and address of the proposed mover. Such application shall also state
any municipal utility, street and public property repairs or alterations that will be
required by reason of such movement.
d) Moving Permit Requirements. The moving permit shall state date or dates of
moving, hours, routing and movement. Permits shall be issued only for moving
buildings by building movers licensed and bonded by the state. Fees to be
charged shall be separate for each of the following: (1) a moving permit fee to
cover use of streets and route approval, and (2) a fee equal to the anticipated
amount required to compensate the City for any municipal utility and public
property (other than streets) repairs or alterations occasioned by such movement.
The latter shall be paid in advance.
Subd. 4: Application and Permit Required – Moving location of building.
a) It is unlawful for any owner of land in the City to or from which a building is to
be moved to permit such movement without an owner's permit.
b) A person seeking issuance of an owner's permit shall file a written application
with City. The application shall not be accepted for filing unless accompanied by
the following:
1. Evidence that all real estate taxes and special assessments against the
building and land from which it is to be removed are paid in full.
2. A written statement, bill of sale or other written evidence that the
applicant is entitled to move the building.
3. Written evidence of arrangements with all public utility companies whose
wires, lamps or poles are required to be removed, for the removal thereof
by the applicant.
4. A cash deposit from the owner of the lot from which the building is to be
moved in the sum of the approximate cost of the following work:
A. Proper shut-off of any/all utilities as may be specified by the utility
service provider; and,
B. Filling all excavations to grade, removing all rubbish, and leaving
the premises in a safe and sanitary condition.
C. If applicable, seventy-five (75) percent of the estimated cost, as
determined by the City, to bring the building moved into the City
into conformance with applicable building code requirements.
502.13-2
ORDINANCE 502 – ZONING ORDINANCE
5. Payment of any moving permit and applicable building permit fee.
6. If the building is to be located within the City after its movement, a survey
by a licensed surveyor of the land to which the building is to be moved,
including the location of the building in relation to the boundaries of the
land.
7. If the building is to be located within the City after its movement,
photographs of:
A. Two or more views of the building to be moved;
B. The lot on which the building is to be located; and,
C. The lands, and structures thereon, adjacent to the lot on which the
building is to be located.
8. Upon receipt of the application accompanied by the fee, deposit, statement
and information required, the City Administrator/Clerk shall review the
application and make such investigation as appropriate including obtaining
recommendations from the Police Department and City Engineer.
Subd. 5: Council Approval.
a) Structures may be moved, after securing a moving permit subject to approval by
the City Council, but without a public hearing provided the structure is a
manufactured housing unit being relocated to an approved Manufactured Home
Subdivision and provided said manufactured housing unit is in compliance with
applicable State Statutes, the Manufactured Home Building Code and applicable
sections of this Ordinance.
b) Public hearing. (if required).
1. Where applicant requests the moving of a building to a location within the
City, the Council shall hold a public hearing. Notice shall be posted,
published in the official newspaper and mailed to owners of real property
within 350 feet of the land to which the building is to be moved at least ten
days prior to the date of the hearing. Failure to give mailed notice or any
defect in the notice shall not invalidate the hearing or any proceedings
taken thereat.
2. Following the hearing the Council shall either deny the permit in writing
or authorize issuance of a permit.
3. Denial of a permit. Any permit under this Subdivision may be denied
upon a finding of any one of the following:
502.13-3
ORDINANCE 502 – ZONING ORDINANCE
A. Applicant has not complied with the requirements of this
Ordinance;
B. Persons or property in the City would be endangered by moving
the building;
C. The building is in a state of deterioration or disrepair;
D. The equipment for moving the building is unsafe and persons and
property would be endangered by its use;
E. The building or its use would not be in compliance with zoning,
building codes or other local, state or federal regulation; or
F. If the location to which the building is to be moved is in the City,
the building is in substantial variance with either the established or
the expected pattern of building development within the
neighborhood to which the building is to be moved. Comparative
age, bulk, architectural style and quality of construction of both the
building to be moved and the buildings existing in the
neighborhood shall be considered in determining whether a
building is in substantial variance.
502.13-4
ORDINANCE 502 – ZONING ORDINANCE
Section 502.14: MANUFACTURED HOME PARKS
Subd. 1: Intent. The intent and purpose of this Section is to assure quality development
equal to that found in other types of residential areas throughout the City. Excellence of design,
usability, development and maintenance that support a quality residential environment is the
desired objective.
Subd. 2: Exception. Manufactured home parks constructed prior to January 1, 1995, that
when constructed, complied with density, lot-size and manufactured home setback requirements,
shall be excluded from density, lot-size and setback requirements contained herein. However,
expansions of manufactured home parks shall be subject to and comply with all requirements of
this Ordinance.
Subd. 3: Application. No person shall attempt to develop or operate a manufactured
home park within the City without obtaining primary and subsequent renewal license(s) from the
Minnesota Department of Health and a Special Use Permit from the City of St. Joseph. The
requirements of a permit shall prevail over all other standards and requirements notwithstanding
the more restrictive subdivisions of this Ordinance. A permit for a manufactured home park may
contain other requirements beyond those mentioned in this Subdivision.
Subd. 4: Required Application Materials. The applicant for a permit, in addition to other
requirements, shall include the name and address of the Developer and a general description of
the construction schedule and construction cost. The application for a permit shall be
accompanied by ten (10) copies of plans that indicate the following:
a) Location and site of the manufactured home park.
b) Location, size and character of all manufactured home lots, manufactured home
stands (i.e. what structure is to be placed on), storage areas, recreational areas,
pedestrian walkways/pathways, central refuse disposal, roadways, parking spaces
and sites, proposed vegetation, proposed screening and all setback dimensions.
c) Detailed landscaping plans and specifications.
d) Location and width of sidewalks/pathways.
e) Plans for sanitary sewage disposal, surface drainage, water supply, electrical
service, telephone service and gas service.
f) Plans for an overhead street lighting system shall be submitted for approval by the
City Engineer.
502.14-1
ORDINANCE 502 – ZONING ORDINANCE
g) Plans for drainage, including each lot and the entire manufactured home park,
shall be submitted for approval by the City Engineer.
h) The proposed method of disposing of garbage and refuse shall be identified and
described.
i) Location and size of all streets abutting the manufactured home park, and all
driveways from such streets to the park. Access to the manufactured home park
must be provided from a public street.
j) Plans and specifications for all road construction either within the manufactured
home park or directly related to park operation.
k) Floor plans of all service buildings to be constructed within the manufactured
home park.
l) Such other information as may be required or requested by the community.
m) Detailed description of maintenance procedures and grounds supervision,
including but not limited to, lawn maintenance, snow removal and garbage
collection and removal. The proposed procedures shall be as restrictive as those
of the City.
n) An acknowledgment wherein the owner of the park grants the City access to the
public areas of the park for purposes including, but not limited to, fire protection,
emergency assistance and routine patrol/police actions.
o) Plans and specifications for severe weather shelters shall be designed in
accordance with state laws.
Subd. 5: Performance Standards for Manufactured Home Parks.
a) Total Land Area Required. Minimum total park area shall be five (5) acres and
not less than 250 feet in width.
b) Distinctive design elements and/or themes common throughout the manufactured
home park are strongly encouraged.
c) All manufactured homes shall be properly connected to the municipal water
supply and the municipal sanitary sewer system. All water and sewer systems
shall be constructed in accordance with plans and specifications approved by the
Planning Commission and City Council.
d) The City shall determine/approve ingress and egress (including the number of
ingress/egress points) to manufactured home parks. Access from a roadway
supervised by another political subdivision shall be approved in writing by the
applicable political subdivision. Said ingress and egress to manufactured home
502.14-2
ORDINANCE 502 – ZONING ORDINANCE
parks shall be designed to minimize congestion and hazards and allow free
movement of traffic on adjacent streets. Distinctive design elements/themes are
strongly encouraged for manufactured park entrances.
e) Internal Streets. Roadways shall be of adequate width to accommodate
anticipated traffic, and in any case shall meet the following minimum
requirements:
1. All internal streets shall be a minimum of 24 feet in width from face-of-
curb to face-of-curb with no parking signs posted by the manufactured
park owner.
2. All streets shall be provided with a paved concrete or bituminous surface.
Pavement edges shall be protected to prevent raveling of the wearing
surface and shifting of the pavement base as required by the City.
3. Street surfaces shall be maintained, free of cracks, holes and other hazards.
4. Maximum speed limits within the park shall not exceed ten (10) miles per
hour.
5. No parking shall be allowed on internal streets.
6. Dead-end streets shall be prohibited, except cul-de-sacs.
7. All streets should be posted with no parking signs.
f) Open Space Required. A minimum of 500 square feet per manufactured home lot
shall be provided for definable play areas with playground facilities/features and
open space within the manufactured home park. Such areas of open space and/or
play area shall not be areas included within any setback nor shall they include any
areas of less than 20 feet in length or width. Open space areas are subject to
approval by the City. The City may reduce the play area square footage
requirement by a maximum of thirty (30) percent of the total square feet required,
if the Park Owner/Developer installs trail facilities within the manufactured home
park.
g) Off-street Overload Parking Required. Each manufactured home park shall
maintain off-street overload parking lot for guests of occupants in the amount of
one (1) space for each three (3) sites. Overload parking lots shall be located
within three-hundred (300) feet of the unit(s) to be served and in compliance with
the parking lots standards contained in this Ordinance.
h) Patio required. Each manufactured home lot shall have a four-inch thick concrete
patio with a minimum total square footage of 150 feet. All sides of the patio shall
exceed nine (9) feet in length.
502.14-3
ORDINANCE 502 – ZONING ORDINANCE
i) Pedestrian Access Required. All parks shall be provided with safe convenient all-
season pedestrian access of adequate width for intended use, durable and
convenient to maintain, between individual manufactured home, the park streets
and all community facilities provided for park residents. A common walk system
shall be provided and maintained between locations where pedestrian traffic is
concentrated. Such common walks shall have a minimum width of 4½ feet and
shall be located on at least one side of the street. All manufactured homes shall be
connected to common walks, to paved streets, or to paved driveways or parking
spaces connecting to a paved street. Such individual walks shall have a minimum
width of two (2) feet. Common walkways shall connect to municipal trails where
feasible.
j) Tree Planting Required. A minimum of one tree per lot shall be required. In open
area and park area, a minimum of twenty trees per acre is required. Tree varieties
shall be native to the St. Joseph area. Trees shall be bound and burlapped with a
minimum trunk diameter of two (2) inches. Tree varieties and sizes proposed are
subject to approval by the City.
k) Storm Shelter Plan Required. All manufactured home parks shall provide a storm
shelter or a plan of sheltering for all residents of the park in times of severe
weather conditions such as tornadoes, high winds and floods. The plan shall be
developed with the input and approval of the City and shall be posted at
conspicuous locations throughout the park. The shelter must be available to all
residents of the park at any time of the day or night.
l) The corners of each manufactured home lot shall be clearly marked.
m) All utilities, such as sewer, water, fuel, electric, telephone and television antenna
lead-ins, shall be buried to a depth specified by the City Engineer, and there shall
be no overhead wires or support poles except those essential for street or other
lighting purposes.
n) Screening Required. All manufactured home parks shall be completely screened
along all manufactured home park property boundary lines separating the park
from adjacent properties and/or right-of-ways by a complete perimeter fence
consisting of wood, brick or stone and/or natural growth screening. Such fencing
and/or screening shall be maintained in excellent condition at all times and in all
other respects comply with the standards applicable to fencing and/or screening
set forth within this ordinance.
o) A properly landscaped area shall be adequately maintained around all public
areas, adjacent to all roadways and on each manufactured home lot.
p) Every structure in the manufactured home park shall be developed and maintained
in a safe, approved and substantial manner. The exterior of every such structure
shall be kept in good repair. All of said structures must be constructed to meet
existing city codes, state and federal laws.
502.14-4
ORDINANCE 502 – ZONING ORDINANCE
q) Portable fire extinguishers rated for electrical and liquid fires shall be kept in all
service buildings and other locations conveniently and readily accessible for use
by all occupants.
r) All structures shall require a building permit.
s) It shall be the duty of the operator of the manufactured housing park to keep a
record of all homeowners and occupants located within the park. The park
operator shall keep the record available for inspection at all times by authorized
City officials and other public officials whose duty necessitates acquisition of the
information contained in the record. The record shall not be destroyed until a
period of three years following the date of departure of the registrant from the
park. The record shall contain:
1. The name and address of each unit occupant.
2. The name and address of the owner of each unit.
3. The make, model and year of the unit.
4. The date of arrival and departure of each unit.
t) The operator of any manufactured housing park or a duly authorized attendant
and/or caretaker shall be responsible at all times for keeping the park, its facilities
and equipment in a clean, orderly, operable and sanitary condition. An authorized
attendant or caretaker shall remain within twenty-five (25) miles of the
manufactured home park at all times and shall be answerable, along with said
operator, for the violation of any provisions of these regulations to which said
operator is subject.
u) All land area shall be adequately drained, landscaped to control dust, clean and at
all times free from refuse, garbage, rubbish or debris.
v) The storage, collection and disposal of refuse in the manufactured home park,
storage areas, grounds, buildings and structures shall be so conducted as to avoid
accumulations of debris and in a manner free of health hazards, rodent harborage,
insect breeding, accident or fire hazards or air pollution.
w) The growth of brush, weeds and grass shall be controlled at all times.
x) All provisions of this Ordinance relative accessory structures and outdoor storage
shall be adhered to at all times.
y) Manufactured Home Parks may be subject to additional requirements contained in
this Ordinance including, but not limited to the sections governing parking, home
occupations, flood plain/shoreland, signs, etc.
502.14-5
ORDINANCE 502 – ZONING ORDINANCE
Subd. 6: Manufactured Home Park Lot Requirements.
a) Each manufactured home site shall contain at least five thousand (5,000) square
feet of land area for the exclusive use of the occupant and shall be at least fifty
(50) feet wide.
b) Manufactured homes shall be placed upon manufactured home lots so that there
shall be at least a twenty (20) foot clearance between manufactured homes and
twenty-five (25) feet between the front of the manufactured home and the front lot
line and twenty (20) feet between the rear of the manufactured home and the rear
lot line.
c) Each manufactured home site shall be allowed an accessory building provided
that:
1. The accessory building is located at least three (3) feet from the property
line and there is a six (6) foot clearance between the accessory building
and a structure on the adjoining property.
2. The maximum size of an accessory building shall be 120 square feet (8’ x
10’).
3. The accessory building must match the color of the manufactured home on
the lot which it is located.
d) All structures shall require a building permit.
e) The area occupied by a manufactured home shall not exceed fifty percent (50%)
of the total area of a manufactured home lot.
f) All manufactured homes installed in a manufactured home park shall be placed
upon stands approved by the City and properly anchored to the ground. The
anchoring system shall be installed in conformance with applicable sections of the
State Building Code.
g) A minimum of one healthy tree per lot shall be maintained at all times. Tree
varieties shall be native to the St. Joseph area. Trees shall be bound and
burlapped with a minimum trunk diameter of two (2) inches. Tree varieties and
sizes proposed are subject to approval by the City.
h) Each manufactured home unit shall be skirted at its base with a durable material
that complements and is comparable to the exterior design of the unit.
i) All yards shall be landscaped except for necessary driveway and sidewalk needs
which shall not exceed one-half (1/2) the width of the site.
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ORDINANCE 502 – ZONING ORDINANCE
j) Each manufactured home lot shall have off-street parking space for at least two
(2) automobiles. Each space shall be nine (9) feet by twenty (20) feet minimum
and located in the front of the lot.
k) Each site shall be numbered.
l) Fire extinguishing systems shall comply with the Uniform Fire Code.
m) Each manufactured home lot shall be so designed that automobiles may not be
parked within five (5) feet of the front of the manufactured home. Parking of
vehicles on the side or rear portions of an individual lot(s) is prohibited.
n) All manufactured homes moved into the park shall have a construction seal of
code and construction compliance and installation seal as issued by the State of
Minnesota as required under the State Building Code. No manufactured home
may be used or occupied until the city building official has issued a certificate of
occupancy as provided in the City Building Code.
o) All manufactured homes located in manufactured home parks shall be provided
with a landing and steps complying with the building code from each doorway
leading from a manufactured home.
p) All buildings or portions thereof which are determined to be substandard as
defined by the Building Inspector are declared to be public nuisances and shall be
abated by repair, rehabilitation, demolition or removal in accordance with the
procedure specified by the Building Inspector.
q) Manufactured homes that are rented shall at all times be subject to and in
compliance with the City’s Rental Ordinance.
r) Manufactured homes may be subject to additional requirements contained in this
Ordinance including, but not limited to the sections governing parking, home
occupations, flood plain/shoreland, signs, etc.
502.14-7
ORDINANCE 502 – ZONING ORDINANCE
Section 502.15: ADULT ENTERTAINMENT ESTABLISHMENTS
Subd. 1: Purpose and Intent.
a) The purpose and intent of the adult entertainment regulations set forth in this
ordinance is to serve a substantial government interest by attempting to preserve
the quality and vitality of neighborhoods, curtail the depression of property
values, restrain increased criminal activity and slow the spread of sexually
transmitted diseases.
b) Adult Entertainment Establishments, as defined by this Ordinance, because of
their very nature, are recognized as having serious objectionable operational
characteristics that have a deleterious effect upon the use and enjoyment of
adjacent areas. These secondary effects are especially evident where such uses
are concentrated.
c) One of the objectives of this Ordinance is to disperse the adult uses through
separation requirements from another adult use and from other significantly
incompatible uses. The ordinance allows adult entertainment establishments only
in Industry Districts. In this community, those areas provide opportunity for sites
with good visibility and access to major streets and highways.
d) The secondary effects associated with adult entertainment establishments, include
an increased level of criminal activity, increased risk of exposure to sexually
transmitted diseases, depression of property values and a significant change in the
character of surrounding neighborhoods.
e) However, it is recognized that such regulations cannot de facto approach
prohibition. Otherwise, a protected form of expression would vanish. The adult
entertainment regulations set forth herein represent a balancing of competing
interests, reduction of objectionable secondary effects through the regulation of
adult entertainment establishments versus the protected rights of the owners,
operators, performers and patrons of those establishments.
Subd. 2: Definitions. For purposes of this section, the following definitions shall apply:
a) Adult Arcade. An establishment where, for any form of consideration, one or
more motion picture projectors, video players, slide projectors, or similar
machines for viewing by five or fewer persons each are used to show films,
motion pictures, video cassettes, slides, or other photographic reproductions that
are characterized by an emphasis upon the depiction or description of specified
sexual activities, prohibited nudity or child pornography.
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ORDINANCE 502 – ZONING ORDINANCE
b) Adult Bookstore. An establishment that has more than twenty percent (20%) of
its stock-in-trade and offers for sale, any one or more of the following: 1) books,
magazines, periodicals, or other printed matter, or photographs, films, motion
pictures, video cassettes, slides, or other visual representations that are
characterized by an emphasis upon the depiction or description of specified sexual
activities, prohibited nudity or child pornography; or 2) instruments, devices, or
paraphernalia that are designed for use in connection with specified sexual
activities.
c) Adult Cabaret. A nightclub, bar, restaurant, or similar establishment that
regularly features live performances that are characterized by the exposure of
prohibited nudity or by specified sexual activities, or films, motion pictures, video
cassettes, slides, or other photographic reproductions in which a substantial
portion of the total presentation time is devoted to the showing of material that is
characterized by an emphasis upon the depiction or description of specified sexual
activities, prohibited nudity or child pornography.
d) Adult Motion Picture Theater. An establishment where, for any form of
consideration, films, motion pictures, video cassettes, slides, or similar
photographic reproductions are shown, and in which a substantial portion of the
total presentation time is devoted to the showing of material characterized by an
emphasis on the depiction or description of specified sexual activities, prohibited
nudity or child pornography.
e) Adult Theater. A theater, concert hall, auditorium, or similar establishment
characterized by activities featuring the exposure of prohibited nudity, specified
sexual activities or child pornography.
f) Child Pornography. Literature, books, magazines or other printed matter, or
photographs, films, motion pictures, video cassettes or other visual
representations depicting or displaying a person under the age of 18 and the
display or depicting is obscene as that term is defined by Minn. Stat. ' 617.241,
Subd. 1(a) or constitutes Prohibited Nudity as herein defined.
g) Sexual Encounter Establishment. An establishment other than a hotel, motel, or
similar establishment offering public accommodations, which, for any form of
consideration, provides a place where two or more persons may congregate,
associate, or consort in connection with specified sexual activities or the exposure
of prohibited nudity. This definition does not include an establishment where a
medical practitioner, psychologist, psychiatrist, or similar professional person
licensed by the state engages in medical care or sexual therapy; or any accredited
educational institution where prohibited nudity occurs in the context of modeling
for an art class.
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ORDINANCE 502 – ZONING ORDINANCE
h) Prohibited Nudity. Prohibited Nudity means and includes any of the following:
1) less than completely and opaquely covered human genitals, pubic regions,
pubic hair, vulva, cleft of the buttocks, anus, or female breasts below a point
immediately above the top of the areolae; or 2) human male genitals in a
discernibly turgid state, even if completely and opaquely covered.
i) Specified Sexual Activities. Includes any of the following: 1) the fondling or
other erotic touching of human genitals, pubic region, buttocks, anus, or female
breasts; 2) sex acts, actual or simulated, including sexual intercourse, oral
copulation, flagellation, bestiality, sodomy or any sexual act which is prohibited
by law. 3) masturbation, actual or simulated; or 4) excretory functions as part of
or in connection with any of the activities set forth in subdivisions 1 through 3 of
this subsection.
Subd. 3: Adult Entertainment Establishment Standards.
a) Adult Entertainment Establishments shall be permitted only in areas zoned as
Industry Districts. Adult Entertainment Establishments shall not be permitted in
any other zoning district. Adult Entertainment Establishments shall have a
minimum separation of 500 lineal feet from any other adult entertainment
establishment, and at least 1,000 lineal feet from any hotel, motel, nursing care
home, home for the elderly, day care facility, church, school, residentially zoned
property or public parks.
b) Adult entertainment establishments shall not sell or dispense intoxicating or non-
intoxicating liquors, nor shall they be located in a building which contains a
business that sells or dispenses non-intoxicating or intoxicating liquors.
c) Adult entertainment establishment business shall not be conducted in a manner
that permits the perception or observation from any property not approved as an
adult use of any materials depicting, describing or related to “specified sexual
activities” or “specified anatomical areas” by any visual or auditory media,
including display, decoration, sign, show window, sound transmission or other
means.
d) Adult entertainment establishments shall prominently display at the entrance and
located within two feet of the door-opening device of the establishment a sign
which states “This business sells or displays material containing adult themes.
Persons under eighteen (18) years of age shall not enter.
e) No person under the age of eighteen (18) shall be permitted on the premises, and
no person under the age of eighteen (18) shall be permitted access to material
displayed or offered for sale or rent by adult entertainment establishments.
502.15-3
ORDINANCE 502 – ZONING ORDINANCE
Section 502.16: HOME OCCUPATIONS
Subd. 1: Purpose. The purpose of this Section is to provide a means through the
establishment of specific standards and procedures by which home occupations can be conducted
in residential neighborhoods without jeopardizing the health, safety and general welfare of the
surrounding neighborhood. In addition, this Section is intended to provide a mechanism
enabling the distinction between permitted home occupations and special or customarily “more
sensitive” home occupations, so that permitted home occupations may be allowed through an
administrative process rather than a legislative hearing process.
Subd. 2: Regulations. All occupations conducted in the home shall comply with the
provisions of this Section, the provisions of the district in which it is located and other sections
of this Ordinance.
Subd. 3: Process. Any home occupation as defined in this Ordinance shall require a
“home occupation license”. Such license shall be issued subject to the conditions of this Section
and other applicable City Code provisions and state law.
a) Permitted Home Occupations. A license for a Permitted Home Occupation may
be issued by the Zoning Administrator based upon proof of compliance with the
provisions of this Section. Application for the permitted home occupation license
shall be accompanied by a fee if so designated by City Council resolution. If the
Zoning Administrator denies a home occupation license to an applicant, the
applicant may appeal the decision to the City Council which shall make the final
decision. The license shall remain in full force and effect until such time as there
has been a change in conditions or until such time as the provisions of this Section
have been changed. At such time as the City has reason to believe that either
event has taken place, a public hearing shall be held before the Planning
Commission. The City Council shall make a final decision on whether or not the
permit holder is entitled to the license.
b) Special Home Occupations. Applications for Special Home Occupations shall be
submitted to the Zoning Administrator for review by the Planning Commission.
The City Council shall act upon the Planning Commission’s recommendation for
the issuance of a Special Home Occupation license.
Subd. 4: Permitted Home Occupation Regulations.
a) Permitted home occupations include and are limited to: art studio, secretarial
services, family day care, foster care, professional offices or consulting, teaching
with musical, dancing and other instructions which consist of no more than one
pupil at a time and similar uses.
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ORDINANCE 502 – ZONING ORDINANCE
b) The following regulations shall apply:
1. No person other than those who customarily reside on the premises and/or
one (1) additional employee shall be in one's employ on the premises.
2. All permitted home occupations shall be conducted entirely within the
principal building whenever possible and should not be conducted in an
accessory building.
3. Permitted home occupations shall not create a parking demand in excess
of that which can be accommodated in an existing driveway.
4. The home occupation shall not involve any of the following: repair service
or manufacturing which requires equipment other than found in a home;
teaching which customarily consists of more than one pupil at a time;
over-the-counter sale of merchandise produced off the premises, except
for those brand name products that are not marketed and sold in a
wholesale or retail outlet.
Subd. 5: Special Home Occupations.
a) Examples of Special Home Occupations include: barber and beauty services,
group nursery, bed and breakfasts, photography studio, taxidermy, saw
sharpening, small appliances and small engine repair and other occupations
similar in nature.
b) The following regulations shall apply:
1. Any home occupation which does not meet the specific requirements for a
permitted home occupation as defined in this Section shall require a
“special home occupation license” which shall be applied for, reviewed
and disposed of in accordance with the provisions of this Ordinance.
2. Declaration of Conditions. The Planning Commission and the Council
may impose such conditions of the granting of a “special home occupation
license” as may be necessary to carry out the purpose and provisions of
this Section.
3. A “Special Home Occupation License” may be issued for a period of one
(1) year after which the license may be reissued for periods of up to five
(5) years each. Each application for license renewal shall, however, be
processed in accordance with the procedural requirements of the initial
special home occupation license.
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ORDINANCE 502 – ZONING ORDINANCE
4. Special Home Occupation Requirements.
A. No person other than a resident shall conduct the home occupation,
except where the applicant can satisfactorily prove unusual or
unique conditions or need for non-resident assistance and that this
exception would not compromise the intent of this Ordinance.
B. The home occupation may involve any of the following: stock-in-
trade incidental to the performance of the service, repair service or
manufacturing which requires equipment other than customarily
found in a home, the teaching with musical, dancing and other
instruction of more than one pupil at a time.
C. Bed and Breakfasts may be permitted as a special home occupation
provided that:
i. Four (4) or fewer rooms are for rent for a period not to
exceed fourteen (14) consecutive days during any ninety
(90) day period.
ii. The establishment conforms with the State Health and
Building Code requirements.
iii. Large functions of twenty five (25) or more such as
receptions or business meetings shall be permitted on-site
providing such functions shall be limited to a maximum of
seventy-five (75) people. The total of said functions shall
not exceed four (4) events per calendar year.
iv. Small functions of less than twenty five (25) people such as
receptions or business meetings shall be permitted on site,
unrestricted.
D. Special home Occupations shall adhere to the off-street parking
requirements within this Ordinance.
E. Massage Therapy may be permitted as a special home occupation
provided that all requirements outlined in this Section and other
City Ordinances are met.
Subd. 6: General Provisions.
a) No home occupation shall produce light glare, noise, odor or vibration that will in
any way have an objectionable effect upon adjacent or nearby property.
502.16-3
ORDINANCE 502 – ZONING ORDINANCE
b) No equipment shall be used in the home occupation which will create electrical
interference to surrounding properties.
c) Any home occupation shall be clearly incidental and secondary to the residential
use of the premises, should not change the residential character thereof, and shall
result in no incompatibility or disturbance to the surrounding residential uses.
d) There shall be no exterior storage of equipment or materials used in the home
occupation, except personal automobiles used in the home occupation may be
parked on the site.
e) There shall be no display or evidence apparent from the exterior of the lot that the
premises are being used for any purpose other than that of a dwelling, with the
exception that one (1) non-illuminated sign measuring one and one-half (1½)
square feet may be attached to the dwelling.
f) Whenever within one (1) year after granting a license, the use as permitted by the
license shall not have been initiated, then such license shall become null and void
unless a petition for extension of time in which to complete the work has been
granted by the Council.
Subd. 7: Non-Conforming Use. Existing home occupations lawfully existing on the
effective date of this Ordinance may continue as non-conforming uses. They shall however, be
required to obtain licenses for their continued operation. Any existing home occupation that is
discontinued for a period of more than one (1) year shall be brought into conformity with the
provisions of this Ordinance prior to re-institution.
Subd. 8: Inspection. The City hereby reserves the right, upon issuing any home
occupation license to have the Zoning Administrator or designee inspect the premises in which
the occupation is being conducted to ensure compliance and the provisions of this Section or any
conditions additionally imposed.
502.16-4
ORDINANCE 502 – ZONING ORDINANCE
Section 502.17: MINING AND EXTRACTIVE USES
Subd. 1: Purpose. The purpose of this Section is to control mining operations so as to
minimize conflicts with adjacent land uses and to ensure that the mining area is reclaimed with a
use compatible with the City’s Comprehensive Plan and completely restored at the completion of
the mining/extraction operation.
Subd. 2: Scope.
a) The operations covered by this Section shall be the mining, crushing, washing,
refining or processing of sand, gravel, rock, black dirt, peat and soil and the
removal thereof from the site.
b) For the purposes of this Ordinance, mining shall not include the removal of
materials associated with the construction of a building, the removal of excess
materials in accordance with approved grading plans, development plans, plats,
utility or highway construction, agricultural improvements within the property
and sod removal with resulting materials distributed on the immediate property.
Subd. 3: Permits/Financial Guarantee Required.
a) An interim use permit shall be required for all mining operations. All existing
operations shall obtain a permit upon expansion of the use or upon the resumption
of mining activities after a period of one year without commercial mining activity.
b) The City may require a performance bond or other form of financial guarantee
from the landowner and/or applicant to ensure the conditions of this Section and
the interim use permit are met.
c) Renewal of Interim Use Permits. All property owners and residents within 350 of
the mining operation shall be notified of a proposed mining interim use permit
renewal request.
d) Annual Certificate of Permit Compliance Required. As a condition of any mining
interim use permit, the property owner and/or applicant shall annually submit
graphic and/or narrative information on the mining operation demonstrating
compliance with the approved interim use permit, progress on restoration plans
and related conditions. Said compliance information shall be submitted thirty
(30) days prior to the anticipated opening date of the mine each spring. The City
shall review the compliance information and conduct a field inspection to certify
502.17-1
ORDINANCE 502 – ZONING ORDINANCE
that the mining operation is in compliance with the approved interim use permit
and that the financial guarantee or bonding is adequate to complete the
restoration. The certification shall be completed before mining begins. Failure to
submit the annual compliance information or violations of the interim use permit
shall be grounds for revocation of the interim use permit.
Subd. 4: Application Requirements. The following information shall be provided by the
applicant.
a) Name and address of all applicants/land owners.
b) Legal description(s) of subject property.
c) Total acreage of area to be mined, including future expansion areas.
d) A vicinity map of the proposed site in relation to all areas within 350 feet of the
proposed site including existing land uses, roadways, wetlands, tree stands and
vegetation.
e) A full-size map(s) drawn at a scale of one (1) inch to one-hundred (100) feet
including and ten 8½X11” copies of the map(s):
1. Existing Conditions.
A. Contour map at two (2) foot intervals.
B. Existing vegetation.
C. Observed or estimated groundwater elevation in reference to a
permanent benchmark established in an area within the proposed
site, but not disturbed by the mining operation.
D. Wetlands and existing surface water drainage patterns.
E. Existing structures.
2. Proposed Operations Plan.
A. Structures to be erected.
B. Location of sites to be mined showing depth of proposed
excavation.
C. Type and location of machinery to be used in the mining operation.
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ORDINANCE 502 – ZONING ORDINANCE
D. Location of storage of mined materials, showing maximum height
of storage deposits.
E. Location of vehicle parking, access roads, local streets and truck
routes.
F. Location and storage of explosives.
G. Proposed methods for stabilizing slopes from erosion following
seasonal operations.
H. Staging of mining activity.
3. End Use Plan.
A. Final grade of proposed site showing elevations and contour lines
at two (2) foot intervals.
B. Location and species of vegetation to be replanted.
f) A Resource Management Plan including, but not limited to, measures for surface
water runoff, erosion control and preservation of woodland and water resources.
g) A cross-section sketch of proposed mining operations.
h) A proposed land use and development plan to be implemented following the
conclusion of the mining operation.
i) A plan for dust and noise control.
j) A complete description of all phases of the proposed operation to include:
duration of the mining operation, type and amount of sand/gravel/other products
that will be removed, operational hours/days/months, site dewatering
activities/volume, staging plan with approximate acreage included in each stage
and mining and reclamation time schedule.
k) A description of how materials will be transported from the site including the
route, method of carrying, number of carriers involved and ultimate destination.
l) A security statement by the applicant which demonstrates proposed activities will
not jeopardize the public health, safety and welfare and/or the activity is
appropriately fenced to provide adequate protection.
502.17-3
ORDINANCE 502 – ZONING ORDINANCE
m) Written, signed and notarized agreement allowing the City and/or its assigns to
enter the land at any time for the purpose of (1) determining compliance with all
applicable conditions imposed on the operation, (2)carrying out activities covered
by performance bond/other financial guarantees in the event the property
owner/applicant does not comply with standards herein providing the City has
sent a written warning to the property owner/applicant at the address included in
the permit application or (3) providing emergency assistance.
n) Additional information as requested by the City.
Subd. 5: Setbacks.
a) Processing of minerals shall not be conducted closer than one hundred (100) feet
to the property line or 500 hundred (500) feet from a residential or commercial
structure on adjacent properties.
b) Mining operations shall not be conducted closer than two hundred (200) feet from
any residence or residential zoning classification boundary existing on the
approval date of the mining interim use permit.
c) Mining operations shall not be conducted within thirty (30) feet of any property
line or within thirty (30) feet of the right-of-way line of any existing or platted
street.
Subd. 6: Performance Standards. The following standards apply to all mining
operations.
a) Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as
may be necessary to preserve a reasonably neat appearance and to minimize
seeding on adjacent property.
b) Equipment used for mining and extraction operations shall be constructed,
maintained and operated in accordance with applicable local, state and federal
regulations.
c) Mining and extraction shall be conducted in a manner to minimize the production
of noise, dust, odor, glare and vibration adversely affecting adjacent property.
d) The mining operation shall be conducted and ended in a manner which minimizes
interference with the surface water drainage of adjacent properties.
e) Safety fencing may be required around all or portions of the mining operation at
the City’s discretion.
502.17-4
ORDINANCE 502 – ZONING ORDINANCE
f) The location of the intersection of mining access roads with any public roads shall
be selected such that traffic on the access roads will have a sufficient visual
clearance as to ensure turns onto public rights-of-way can be completed safety as
determined by the City Engineer. Signage may be required.
g) All roads from mining operations to public highways, roads or streets or to
adjoining property shall be paved or otherwise maintained to control dust.
h) The intersection of mining access roads and public rights-of-way shall at all times
remain free of mining/extractive debris, sand, dirt, gravel, etc.
i) A screening barrier sufficient to substantially shield mining operations from the
view of adjacent properties, year-round, shall be required between mining
operations and adjacent properties. The City may also require screening between
the mining site and public rights-of-way located within 500 feet of the mining or
processing operation. Proposed screening treatments shall be approved by the
City.
j) All buildings, structures and equipment used for the production or processing of
sand and gravel shall be properly maintained.
k) Hours of operation shall be approved by the City and set forth in the interim use
permit.
l) Water pumps needed for mining operations shall require a permit from the
Department of Natural Resources, Division of Waters, if necessary.
Subd. 7: Land Reclamation. All mining sites shall be reclaimed immediately after
mining operations cease. Reclamation shall be completed within one (1) year. The City may
require a performance bond or other financial guarantee be maintained to assure the reclamation
is completed as planned and within requirements. The City may draw down said financial
guarantee to implement reclamation plans in the event the applicant fails to comply with
approved standards.
a) Within a period of three (3) months after the final termination of a mining
operation, or within three (3) months after abandonment of a mining operation for
a period of six (6) months, or within three (3) months after the expiration of a
mining interim use permit: all buildings, structures, machinery and plants
incidental to such operation shall be dismantled and removed by, and at the
expense of, the mining operator last operating said buildings, structures,
machinery and plants. A maximum one-year, non-renewable extension may be
granted for those buildings, structures, machinery and plants required to process
previously mined materials stored on the site. The City may require a
performance bond or other financial guarantee that said dismantling/removal is
accomplished.
502.17-5
ORDINANCE 502 – ZONING ORDINANCE
b) All peaks and depressions within the subject property shall be graded and back-
filled to a surface which will result in a gently rolling topography in substantial
conformity to the land area immediately surrounding the subject property and
which will minimize erosion due to rainfall. Finished grades shall not exceed a
twenty (20) percent grade.
c) Reclamation shall begin after the mining of twenty-five (25) percent of the total
area to be mined or four (4) acres, whichever is less. Once these areas have been
depleted of the mine deposits they shall be sloped and seeded in compliance with
the end use plan.
d) Reclaimed areas shall be surfaced with soil of a quality at least equal to the
topsoil of land areas immediately adjacent to the subject property at a continuous
depth of at least six (6) inches. The exposed topsoil shall be immediately and at
all times seeded, sodded or planted to minimize erosion.
e) The finished grade shall be such that it will not adversely affect the surrounding
land or future development of the site and shall be consistent with the end use
plan.
502.17-6
ORDINANCE 502 — ZONING ORDINANCE
Section 502.18: STORMWATER MANAGEMENT
Subd. 1: Intent, Purpose. The purpose of this Section is to establish regulatory
requirements for land development and land disturbing activities aimed at minimizing threats to
public health, safety, public and private property and natural resources within the City of St.
Joseph resulting from construction site erosion and post construction stormwater runoff. The
Objectives of this Section are:
(a) To maintain compliance with the City of St. Joseph's Stormwater Pollution
Prevention Program.
(b) To regulate land disturbing activity; installation, operations, maintenance and
replacement of the stormwater system (MS4); and to protect and prevent the
discharge of sediment into public and/or private lands, public infrastructure, wetlands
and water of the State.
(c) To establish legal authority to carry out all inspections, monitoring and enforcement
procedures necessary to comply with this ordinance.
Subd. 2: Definitions.
a) Best Management Practices (BMPS): Practices to prevent or reduce the pollution of
the waters of the state, including schedules of activities, prohibitions of practices, and
other management practice, and also includes treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or leaks, sludge, or
waste disposal or drainage from raw material storage.
b) Certified Contractor: A person who has received training to inspect and maintain
erosion and sediment control practices.
c) Clearing: Any activity that removes ground cover and exposes topsoil material.
Drainage way: Any channel that conveys surface runoff throughout the site.
d) Erosion Control: A measure that prevents soil particle exposure and detachment.
e) Erosion and Sediment Control Plan: A set of plans prepared by or under the direction
of a licensed professional engineer or certified contractor indicating the specific
measures and sequencing to be used to control the sediment and erosion on a
development site during and after construction.
f) Grading: Excavation or fill of material.
g) Impaired or Special Waters: Waters identified as impaired under section 303 (d) of
the federal Clean Water Act for phosphorus (nutrient eutrophication biological
502.18-1
ORDINANCE 502 — ZONING ORDINANCE
indicators), turbidity, dissolved oxygen or aquatic biota (fish bio -assessment, aquatic
plant bio -assessment and aquatic macroinvertebrate bioassessment).
h) Land Disturbing: Any project or activity, including removal of vegetation,
excavations, clearing, filling, stockpiling and grading, or other earth change that
directly or indirectly affects slopes, water bodies, the moving of ground cover or may
result in the movement of sediment.
i) Land Disturbance Permit: A permit issued by the City for the construction or
alteration of ground cover improvement and structures for the control of erosion,
runoff and grading.
j) Municipal Separate Storm Sewer System (MS4): The conveyance or system of
conveyances including roads with drainage systems, municipal streets, catch basins,
curbs, gutters, ditches, manmade channels, or storm drains owned and operated by the
City of St. Joseph, which is designed or used for collecting or conveying stormwater.
k) New Development: All construction activity that is not defined as redevelopment.
1) Owner and/or Operator: Includes the plural as well as the singular, and where
appropriate shall include a natural person, partnership, firm, association, public, or
quasi -public corporation, private corporation, or a combination of any of them, with
legal or equitable interest in the parcel of record or as identified on the land
disturbance permit.
m) Perimeter Control: A barrier that prevents sediment from leaving a site by filtering
sediment -laden runoff or diverting it to a sediment trap or basin.
n) Redevelopment: Projects with more than 15 percent impervious surface prior to
construction.
o) Site: A parcel of land or a contiguous combination thereof, where grading work is
performed as a single unified operation.
p) Stabilize, Stabilized, Stabilization: The exposed ground surface has been covered by
appropriate materials such as mulch, staked sod, riprap, erosion control blanket, mats
or other material that prevents erosion from occurring. Grass seeding, agricultural
crop seeding or other seeding alone is not stabilization. Mulch materials must achieve
approximately 90 percent ground coverage (typically 2 ton/acre).
q) Start of Construction: The first land disturbing activity associated with a
development, including land preparation such as ground clearing (grubbing), grading,
and filling. Installation of streets and walkways, excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation of accessory
buildings such as garages.
502.18-2
ORDINANCE 502 — ZONING ORDINANCE
r) Sediment: Soil particle(s) exposed to movement.
s) Sediment Control: Measures that prevent eroded sediment from leaving the site.
t) Steep Slopes: Slopes that are 1:3 (V:H) (33.3 percent) or steeper in grade.
u) Stormwater: Rainwater runoff, snow melt runoff, and surface runoff and drainage.
(Minn .R. 7090.0080, subp. 12.)
v) Stormwater Pollution Prevention Plan (SWPPP): A comprehensive plan developed to
manage and reduce the discharge of pollutants in stormwater.
w) Structural Stormwater BMP's: Stationary and permanent BMPs designed, constructed
and operated to prevent or reduce discharge of pollutants in stormwater.
Subd. 3: Land Disturbance Permit.
a) Applicability. Unless expressly exempted, a land disturbance permit shall be
required for any of the following activities:
Residential, Commercial and Industrial Site Construction Plans. All persons
wishing to start a land disturbance project on an existing lot of record for the
purposes of the construction of a residential, commercial or industrial primary
structure, shall submit a land disturbance permit at the time of obtaining a
building permit.
2. Roadway and Utility Installation Construction Plans. All persons wishing to
start a land disturbance project on an existing lot of record, for the purposes of
the construction of any roadway or utilities, shall submit a Land Disturbance
Permit to the City at the time of roadway and utility plan, which shall be
approved by the City Engineer.
3. Land disturbance activity that disturbs land that has any of the following
characteristics:
i. within 25 feet of a waterway;
ii. highly erodible soils; or
iii. any land disturbing activity that the City determines to have a high risk for
pollution due to proximity to stormwater infrastructure or public right of
way, steep slopes, or other extraordinary factors.
iv. Temporary stockpiling of 50 or more cubic yards of excess soil on any lot
or other vacant area shall not be allowed without issuance of a land
disturbance permit (and any other permit required by city ordinance) for
the earth moving in question.
b) Exempt Land Disturbance Activities. The following activities do not require a
land disturbance permit:
502.18-3
ORDINANCE 502 — ZONING ORDINANCE
Any emergency work that is immediately necessary for the protection of
life, property, or natural resources.
2. Existing nursery, as long as the activity does not exceed 43,560 square feet
(one acre) and agriculture operations as a permitted main or accessory use.
Subd. 4: Land Disturbance Permit Process and Data Requirements.
a) Application. Every applicant, prior to engaging in any land disturbing activity
regulated by this Ordinance, must apply to, and obtain from the City a land
disturbance permit. In all cases, the application must contain the required
information as outlined in this Ordinance, the application fee in an amount
established in the City's fee schedule, and if applicable a Stormwater Pollution
Prevention Plan which shall be reviewed and approved by the City prior to the
issuance of the land disturbance permit. No land disturbing activity regulated by
this Section may begin until the applicant has received a land disturbance permit
from the City. Each application shall include at a minimum:
Application form and fee.
2. Project name.
3. Address of the proposed land disturbing activities.
4. Total square feet to be disturbed.
5. Name, address, and contact information of the owner and/or developer of
the site.
6. Name and contact information of consulting firm(s) retained by owner
and/or operator, if applicable.
7. Unless otherwise exempted by this Ordinance, projects that create'/2 acre
or more of new impervious surface and/or redeveloped or 1 acre of land
is disturbed shall include a Stormwater Pollution Prevention Plan which
shall meet the requirements set forth in the City of St. Joseph Stormwater
Management Design Standards and as established by the Minnesota Pollution
Control Agency.
8. Erosion and Sediment Control Plan, including a site construction plan
which shall include the following information:
A. Existing site conditions showing the site and immediately
adjacent areas, including, floodplains, floodways, wetlands,
waterbodies, and stormwater drainage areas.
502.18-4
ORDINANCE 502 — ZONING ORDINANCE
B. Locations and dimensions of all proposed land disturbing
activities and any phasing of those activities;
C. Locations and dimensions of all temporary soil or dirt
stockpiles;
D. Locations and dimensions of all erosion prevention measures
and best management practices necessary to meet the
requirements of this Ordinance;
E. Schedule of anticipated starting and completion date of each
land disturbing activity including the installation of
construction site erosion control measures needed to
meet the requirements of this Ordinance.
F. Provisions for maintenance of erosion and sediment
prevention measures prior to final stabilization.
9. A plan of final site conditions, including final grading and
drainage, the establishment of permanent vegetation and a
clear delineation and tabulation of all impervious surfaces to
be installed on the site, including a description of the
surfacing material to be used.
10. Inspection and maintenance agreement and maintenance plan
(if applicable).
b) Review. The City or City's designated representative will review each land
disturbance permit application. It is the responsibility of the owner and/or
operator to meet the provisions of this Ordinance and the City of St. Joseph
Stormwater Management Design Standards. Most land disturbance permits for
building site plans will be issued within the same time period as the building
permit. The City of St. Joseph shall in writing either:
1. Approve the permit application;
2. Approve the permit application subject to such reasonable conditions as may
be necessary to secure substantially the objectives of this regulation, and issue
the permit subject to these conditions; or
3. Disapprove the permit application, indicating the reason(s) and procedure for
submitting a revised application and/or submission.
Subd. 5: Erosion and Sediment Control Plan. The Erosion and Sediment Control Plan
shall meet this Ordinance, the MPCA NPDES Construction Permit, and City of St. Joseph
Stormwater Management Design Standards. Grading, erosion control practices, and waterway
crossing shall be designed to adequately prevent the transportation of sediment from the site to
the satisfaction of the intent and purpose of this Ordinance. The City may apply stricter standards
or require temporary and permanent erosion and sediment control measures in addition to those
required by other public entities as deemed necessary to meet the purpose and objectives of this
502.18-5
ORDINANCE 502 — ZONING ORDINANCE
Ordinance. At a minimum, the following shall be automatically implemented:
a) Silt fencing or other sediment control practices shall be installed on all down gradient
perimeters prior to any land disturbing activity.
b) Rock mixture (as specified by the City Engineer and as recommended by the
Minnesota Pollution Control Agency in its publication Protecting Water Quality in
Urban Areas) shall be placed at the entrance to prevent sediment tracking.
Subd. 6: Stormwater Management Plan Required. The proposed provisions for
stormwater runoff shall be documented in a stormwater management plan prepared by a
Minnesota licensed engineer and in compliance with the City of St. Joseph Stormwater
Management Design Standards. Such stormwater management plan shall be reviewed and
approved by the City Engineer. All stormwater management and erosion and sediment control
shall comply with all applicable requirements of the watershed districts or water management
organizations in which the project is located. In the case of provisions in this Ordinance and
requirements of watershed districts or water management organizations that overlap or conflict,
the strictest provisions shall apply to the activities.
Subd. 7: Storm Water Development Fees. Following approval of a stormwater
management plan, applicants shall pay to the City a storm water development fee based upon the
square footage of the project's Net Developable Property. "Net Developable Property" is
defined as the gross land area minus the streets and other land area dedicated to the public. The
per square foot fee shall be set by the City Council and adjusted from time to time by resolution.
The City, in its sole discretion, may allow the applicant to offset the storm water fee, the cost of
construction or maintenance of community storm water management facilities designed to serve
multiple land disturbing and development activities that the developer paid for.
Subd. 8: Maintenance of Private Stormwater Management Facilities.
a) No private stormwater management facilities may be approved unless a
maintenance plan is provided and is consistent with the City of St. Joseph
Stormwater Management Design Standards.
b) Owners of private stormwater management facilities shall enter into a
Maintenance Agreement with the City describing responsibility for the long-term
operation and maintenance of the facilities. Agreements are transferable to any
party that becomes the owner/operator of the site.
Subd. 9: Public Stormwater Management Facilities - Easements. The applicant shall
establish, in a form acceptable to the City, temporary and perpetual easements, or dedicated
outlots, for ponding, flowage, and drainage purposes over hydrologic features such as water
bodies and stormwater basins. The easements or outlots shall include right of reasonable access
for inspection, monitoring, maintenance, and enforcement purposes.
Subd. 10: Stabilization Desim.
502.18-6
ORDINANCE 502 — ZONING ORDINANCE
a) Stabilization and use of Best Management Practices shall be in accordance with
approved BMP's as recommended by the Minnesota Pollution Control Agency
(MPCA) in its publication Protecting Water Quality in Urban Areas, or as
amended and approved by the City.
b) Erosion control requirements shall include the following:
1. Soil stabilization shall be completed within 7 days of clearing or inactivity in
construction.
2. If seeding or another erosion control measure is used, it shall become
established within three weeks or the City of St. Joseph may require the site to be
reseeded or a no vegetative option employed.
3. Soil stockpiles must be stabilized or covered at the frequency as all other
stabilization activities.
4. The entire site must be stabilized, using a heavy mulch layer or another
method that does not require germination to control erosion.
5. Techniques shall be employed to prevent the blowing of dust or sediment from
the site to the maximum extent possible.
6. Technique that diverts upland runoff past disturbed slopes shall be employed
to the maximum extent possible.
7. Other best management principals in order to ensure that sediment is not
tracked onto public streets by construction vehicles or washed into storm drains
such as rock construction entrances.
8. Removal of all debris, dirt and soil from impervious ground surfaces, including
abutting public or private roadways and sideways, sediment basins, catch basins
and in connection with the subject property,
Subd. 11: Inspection and Maintenance.
a) The Developer shall pay for all costs incurred by the City for subdivision review and
inspection. This would include preparation and review of plans and specifications by
technical assistants and costs incurred by the Attorney, as well as other costs of similar
nature.
b) The City or City's designated agent shall make inspections as hereinafter required and
either shall approve that portion of the work completed or shall notify the permittee
wherein the work fails to comply with the Storm Water Pollution Prevention Plan as
approved. Plans for grading, stripping, excavating and filling work bearing shall be
maintained at the site during the progress of the work.
c) The permittee or his/her agent shall make regular inspections of all control measures once
502.18-7
ORDINANCE 502 — ZONING ORDINANCE
every seven (7) days during active construction and within 24 hours after a rainfall event
greater than .5 inches in 24 hours. The purpose of such inspections will be to determine
the overall effectiveness of the control plan and the need for additional control measures.
All inspections shall be documented in written form and available upon request to the
City.
d) All inspections and maintenance conducted during construction must be recorded in
writing and must be retained with the SWPPP. Records of each inspection and
maintenance activity shall include:
1. Date and time of inspection.
2. Name of person(s) conducting the inspections.
3. Findings of inspections, including recommendations for corrective actions.
4. Date and amount of all rainfall events 0.5 inches or greater in 24 hours.
5. Corrective actions taken (including dates, times, and the party completing the
maintenance activities).
6. Documentation of changes made to SWPPP.
e) The City or City's designated agent shall enter the property of the applicant as deemed
necessary to make regular inspections to ensure the validity and compliance of the permit
filed.
f) The Applicant shall notify the City a minimum of forty-eight hours (48) notice prior to
the following required City Inspections.
1. Initial Inspection — when all Erosion and Sediment Control BMP's are installed.
2. Project Complete Inspection — when the project is complete including, but not limited
to, final Grading, installation of all Stormwater Management Facilities and Final
Stabilization measures are complete.
g) Parts of the construction site that have achieved final stabilization, but work continues on
other parts of the site, inspections of the stabilized areas can be reduced to once a month.
If work has been suspended due to frozen ground conditions, the required inspections and
maintenance must take place as soon as runoff occurs or prior to resuming construction,
which ever happens first.
h) All erosion and sediment BMP's shall be inspected to ensure integrity and effectiveness.
All nonfunctional BMP's shall be replaced or supplemented with a functional BMP. The
Permittee shall investigate and comply with the following inspection and maintenance
requirements.
502.18-8
ORDINANCE 502 — ZONING ORDINANCE
i) All silt fences must be repaired, replaced or supplemented when they become
nonfunctional or the sediment reaches 1/2 of the height of the fence. These repairs shall be
made within 24 hours of discovery or as soon as field conditions allow access.
j) Temporary and permanent sedimentation basins must be drained and the sediment
removed when the depth of sediment collected in the basin reaches 1/2 the storage
volume. Drainage and removal must be completed with 72 hours of discovery, or as soon
as field conditions allow access.
k) Surface waters, including drainage ditches and conveyance systems must be inspected for
evidence of sediment being deposited by erosion. The Permittee shall remove all deltas
and sediment deposited in surface waters, including drainage ways, catch basins, and
other drainage systems, and re -stabilize the area where sediment removal results in
exposed soil. The removal and stabilization shall take place within seven (7) days of
discovery unless precluded by legal, regulatory, or physical access constraints. The
Permittee shall use all reasonable efforts to obtain access. If precluded, removal and
stabilization shall take place within seven (7) calendar days of obtaining access. The
Permittee is responsible for contacting all local, regional, state and federal authorities and
receiving any applicable permits prior to conducting any work.
1) Construction site vehicle exit locations shall be inspected for evidence of off-site
sediment tracking onto paved surfaces. Tracked sediment shall be removed from all off-
site paved surfaces within 24 hours of discovery or if applicable within a shorter time.
M) The Permittee is responsible for the operation and maintenance of temporary and
permanent water quality management BMP's as well as all erosion prevention and
sediment control BMP's for the duration of the construction work at the site. The
Permittee is responsible until another Permittee has assumed control over all areas of the
site that have not been finally stabilized or the site has undergone final stabilization and a
notice has been submitted to the MPCA if the project has a SWPPP.
n) If sediment escapes the construction site, off-site accumulations of sediment shall be
removed in a manner and at a frequency sufficient to minimize off-site impacts (e.g.
fugitive sediment in streets could be washed into storm sewers by the next rain and/or
pose a safety hazard to users of public streets).
o) All infiltration areas shall be inspected to ensure that no sediment from ongoing
construction activities is reaching the infiltration area and these areas are protected from
compaction due to construction equipment driving across the infiltration area.
Subd. 12: Final Stabilization. The Permittee must ensure final stabilization of the site.
Final stabilization is achieved in the following ways:
a) All soil disturbing activities at the site have been completed and all soils will be
stabilized by uniform perennial vegetative cover with a density of at least 70 percent over
502.18-9
ORDINANCE 502 — ZONING ORDINANCE
the entire pervious surface area or other equivalent means necessary to prevent soil
failure under erosive conditions and:
1) All drainage ditches, constructed to drain water from the site after construction is
complete must be stabilized to preclude erosion; and
2) All temporary synthetic, and structural erosion prevention and sediment control
BMP's (such as silt fence) must be removed as part of the site final stabilization; and
3) The Permittee must clean out all sediment from conveyances and from temporary
sedimentation basins that are to be used as permanent water quality management
basins. Sediment must be stabilized to prevent it from washing back into the basin,
conveyances or drainage ways, discharging off-site or to surface waters. The cleanout
of permanent basins must be sufficient to return the basin to design capacity.
b) For residential construction only, final stabilization has been achieved when:
1) Temporary erosion protection and down gradient perimeter control for individual lots
has been completed and the residence has been transferred to the homeowner.
2) The Permittee must distribute the MPCA "Homeowner Fact Sheet" to the homeowner
to inform the homeowner of the need, and benefits of final stabilization.
Subd. 13: Financial Security. The City of St. Joseph may require at their discretion a
letter of credit or other financial security in a form acceptable to the City in the amount of 150%
of the total estimated construction cost of the stormwater management systems. Financial
securities shall not be released until all permitted and remedial work is completed. Financial
sercurities may be used by the City to complete work not completed by the Applicant.
Subd. 14: Enforcement.
a) Compliance required. The applicant shall implement and comply with the land
disturbance permit prior to and during any construction of land disturbing activity under
the land -disturbing permit. All stabilization measures shall be implemented and
maintained until all grading, excavation and construction work has ended.
b) Stop -Work Order: Revocation of Permit and Suspension of Construction In the event that
any person holding a land disturbance permit pursuant to this ordinance violates the terms
of the permit and in found non-compliant with the permit or implements site development
construction practices in such a manner as to materially adversely affect the health,
welfare, or safety of persons residing or working in the neighborhood or development site
so as to be materially detrimental to the public welfare or injurious to property or
improvements in the neighborhood, the City of St. Joseph may suspend construction and
revoke the site development permit. The City shall serve upon the property manager, or
other responsible persons written notice of the violation of the approved Land
Disturbance Permit.
502.18-10
ORDINANCE 502 — ZONING ORDINANCE
c) Violation and Penalties. No person shall construct, enlarge, alter, repair or maintain any
grading, excavation, or fill or cause the same to be done, contrary to or in violation of any
terms of this ordinance. Any person violating any of the provisions of this ordinance shall
be deemed quality of a misdemeanor and each day during which any violation of any of
the provisions of his ordinance is committed, continued, or permitted, shall constitute a
separate offence. Upon conviction of any such violation, a fine to be determined by the
City of St. Joseph for each offense shall punish such person, partnership or corporation.
In addition to any other penalty authorized by this section, any person, partnership, or
corporation convicted of violating any of the provisions of this ordinance shall be
required to bear the expense of such restoration.
502.18-11
ORDINANCE 502 – ZONING ORDINANCE
502.19-1
Section 502.19: LAND, WOODLAND AND WETLAND PRESERVATION
Subd. 1: Purpose. The purpose of this Subdivision is to ensure that the natural features
within the City are protected and to minimize any adverse effects development might have on the
environment.
Subd. 2: Soil Erosion and Sedimentation Control.
a) General Standards.
1. All development shall conform to the natural limitations presented by the
topography and soil in order to create the best potential for preventing soil
erosion.
2. Development on slopes with a grade above 12 percent shall be carefully
reviewed to ensure that adequate measures have been taken to prevent
erosion, sedimentation, and structural damage.
3. Land shall be developed in increments of workable size such that adequate
erosion and siltation controls can be provided as construction progresses.
The smallest practical area of land shall be exposed at any one period of
time and no exposure shall exceed 65 days unless extended by the
Council.
4. Where the topsoil is removed, sufficient arable soil shall be set aside for
re-spreading over the disturbed area or new topsoil shall be brought in.
The topsoil shall be restored to a depth of four inches and shall be of a
quality at least equal to the soil quality prior to development.
Subd. 3: Woodland Preservation.
a) Structures and other amenities shall be located in such a manner that the optimum
number of trees shall be preserved.
b) If there are no feasible or prudent alternatives to the cutting of trees on a
development site and if trees are cut, trees should be re-planted to restore the
density of trees to that which existed before development.
c) Forestation, reforestation, or landscaping should utilize a variety of tree species
and should not utilize any species under disease epidemic. Species planted should
be hardy under local conditions and compatible with the local landscape.
ORDINANCE 502 – ZONING ORDINANCE
502.19-2
d) Development including grading and contouring shall take place in such a manner
that the root zone aeration stability of existing trees will not be affected and
should provide existing trees with a watering area equal to not less than one-half
of the crown area.
Subd. 4: Regulation of Activities Adjacent to Wetlands.
a) The following activity shall be subject to a 50-foot setback from wetlands: The
construction or maintenance of a building attached to a foundation, including but
not limited to, pole buildings, and the construction or maintenance of paved
driveways or areas designed for parking vehicles or trailers. For purposes of this
paragraph, pump houses, moveable storage sheds, recreational docks and storm
water or erosion control devices shall not be considered buildings.
b) The following activities shall be subject to a 100-foot setback from wetlands:
1. The construction or maintenance of a well used for agricultural irrigation,
or any well less than 50 feet in depth.
2. External storage of materials used in conjunction with industrial or
commercial processing or manufacturing.
3. The storage of waste or refuse generated by industrial or commercial
activities.
4. The construction or maintenance of a septic system.
Amended 04/2021
ORDINANCE 502 – ZONING ORDINANCE
Section 502.20: SHORELAND OVERLAY DISTRICT
Subd. 1: Purpose. The purpose of the Shoreland Overlay District is to protect and
enhance the quality of surface waters by promoting the wise utilization of public waters,
watercourses and related land resources.
Subd. 2: District Application. The Shoreland Overlay District shall be an overlay district
and shall be superimposed on all zoning districts and the Shoreland Overly District shall be the
Shoreland of the public water bodies and water courses as classified in this ordinance. The
standards contained in the Shoreland Overlay District shall be in addition to any other
requirements set forth in this Ordinance. If the district standards are conflicting, the more
restrictive standards shall apply. The boundaries of the Shoreland Overlay District are defined as
follows:
a) 1,000 feet from the ordinary high water level of the classified lakes as listed in
this Ordinance.
b) 300 feet from the ordinary high water level or the lateral extent of the floodplain
when the floodplain extends beyond 300 feet from the ordinary high water level
of the classified rivers and streams as listed in this Ordinance.
Subd. 3: Shoreland Classification System. The public waters and public waters wetlands
of St. Joseph, Minnesota have been classified below consistent with the criteria found in
Minnesota Rules, part 6120.3000; or successor rule, and the Protected Waters Inventory Map for
Stearns County, Minnesota.
a) The shoreland area for the waterbodies itemized below shall be subject to the
standards of the Shoreland Overlay District.
b) Protected public waters: (# 62) Lake Sarah. Classification: Natural Environment
Lake.
c) Protected watercourses.
1. South Fork of Watab River. Classification: Tributary.
2. Sauk River. Classification: Transitional
Subd. 4: Permitted Uses. Uses without water-oriented needs must be located on lots or
parcels without public waters frontage, or, if located on lots or parcels with public waters
frontage, must either be set back double the normal ordinary high water level setback or be
502.20-1
ORDINANCE 502 – ZONING ORDINANCE
substantially screened form view from the water by vegetation or topography, assuming summer,
leaf on conditions.
The following are permitted uses within the Shoreland Overlay District:
a) Natural Environment Lakes.
1. Single family residential.
2. Duplex, triplex, quad unit residential; provided underlying zoning
classification is two-family or multiple-family and that:
A. No more than 25% of the lakes’ shoreland is or will be occupied
by duplex, triplex or quad unit residential developments.
B. If proposed, watercraft docking facilities for each lot must be
centralized in one location and serve all dwelling units within the
building.
b) Recreational Development Lakes.
1. Single family residential.
2. Duplex, triplex, quad unit residential.
3. Commercial uses, as indicated in the underlying zoning classification.
c) Tributary Streams.
1. Single family residential.
2. Parks and historic sites, when underlying zoning classification is
residential.
3. Semipublic uses, when underlying zoning classification is residential.
4. Duplex, triplex, quad unit residential; provided underlying zoning
classification is two-family or multiple family.
d) Transitional Rivers.
1. Single family residential.
2. Duplex, triples, quad unit residential; provided underlying zoning
classification is two-family or multiple family.
502.20-2
ORDINANCE 502 – ZONING ORDINANCE
Subd. 5: Conditional Uses. Uses without water-oriented needs must be located on lots or
parcels without public waters frontage, or, if located on lots or parcels with public waters
frontage, must either be set back double the normal ordinary high water level setback or be
substantially screened form view from the water by vegetation or topography, assuming summer,
leaf on conditions.
a) The following are special uses within the Shoreland Overlay District:
1. Natural Environment Lakes.
A. Parks and historical sites.
B. Semipublic uses.
C. Duplex, triplex, quad unit residential, when underlying zoning
classification is single family residential, and provided:
i. No more than 25% of the lakes’ shoreland is or will be
occupied by duplex, triplex or quad unit residential
developments.
ii. If proposed, watercraft docking facilities for each lot must
be centralized in one location and serve all dwelling units
within the building.
D. Commercial uses, as indicated in underlying zoning classification.
E. Residential PUD (note: all residential subdivisions exceeding quad
unit densities may be allowed if designed and approved as
residential PUD’s providing the standards of this Ordinance are
met.
F. Commercial PUD’s providing the standards of this Ordinance are
met.
2. Recreational Development Lakes.
A. Parks and historical sites.
B. Semipublic uses.
C. Residential PUD (note: all residential subdivisions exceeding quad
unit densities may be allowed if designed and approved as
residential PUD’s providing the standards of this Ordinance are
met.
502.20-3
ORDINANCE 502 – ZONING ORDINANCE
D. Commercial PUD’s providing the standards of this Ordinance are
met.
3. Tributary Streams.
A. Parks and historical sites, when underlying zoning classification is
commercial.
B. Semipublic uses, when underlying classification is commercial.
C. Duplex, triplex, quad unit residential, when underlying zoning
classification is single family residential.
D. Commercial uses, as indicated in the underlying zoning
classification.
4. Transitional Rivers.
A. Parks and historical sites.
B. Semipublic uses.
C. Duplex, triplex, quad unit residential, when underlying zoning
classification is single family residential.
D. Commercial uses, as indicated in the underlying zoning
classification.
b) Conditional uses allowable within shoreland areas shall be subject to review and
approval procedures, and criteria and conditions established in this Ordinance. In
addition, the following standards shall apply:
1. A thorough evaluation of the waterbody and the topographic, vegetation
and soils conditions on the site shall be made.
2. The City may require the visibility of structures and other facilities as
viewed from public waters be limited.
3. The City may impose limitations on natural vegetation removed. The City
may require additional vegetation be planted.
4. The City may increase setbacks from the ordinary high water mark.
5. The City may impose special provisions for the location, design and use of
structures; utilities; watercraft launching and docking areas; and, vehicle
parking areas.
502.20-4
ORDINANCE 502 – ZONING ORDINANCE
Subd. 6: Accessory Uses. Accessory uses and structures shall be the same as those listed
in the underlying zoning classification.
Subd. 7: Lot Area Requirements.
a) Sewered Lakes: Natural Environment; Riparian Lots
Type Area Width
Single 40,000 125
Duplex 70,000 225
Triplex 100,000 325
Quad 130,000 425
b) Sewered Lakes: Natural Environment; Non-Riparian Lots
Type Area Width
Single 20,000 125
Duplex 35,000 220
Triplex 52,000 315
Quad 65,000 410
c) Sewered Lakes: Recreational Development; Riparian Lots
Type Area Width
Single 20,000 75
Duplex 35,000 135
Triplex 50,000 195
Quad 65,000 255
d) Sewered Lakes: Recreational Development; Non-Riparian Lots
Type Area Width
Single 15,000 75
Duplex 26,000 135
Triplex 38,000 190
Quad 49,000 245
e) River/Stream: Transitional Rivers
Type Area Width
Single 11,000 250
Duplex 10,000 375
Triplex 12,000 500
Quad 12,000 625
f) River/Stream: Tributary Streams
Type Area Width
Single 11,000 75
Duplex 10,000 115
Triplex 12,000 150
502.20-5
ORDINANCE 502 – ZONING ORDINANCE
Quad 12,000 190
g) River/Streams. Transitional and Tributary commercial lot size and width
requirements shall be the same as those listed in the underlying zoning
classification.
h) In all zoning classifications, only land area above the Ordinary High Water Level
shall be used to meet the minimum lot area and width requirements. Lot width
standards shall be met at the water line and at the building line.
Subd. 8: Setbacks.
a) In addition to setback requirements of the underlying zoning classification, uses
within the Shoreland Overlay District shall be setback (in feet) from Ordinary
High Water Level as follows:
Classification Structure Setback
Natural Environment Lakes* 150
Recreational Development Lakes 75
Transition 50
Tributary 50
* Subdivisions of duplexes, triplexes and quads on Natural Environment Lakes shall be
set back a minimum of 200 feet from the ordinary high water level.
b) In addition to setbacks from the Ordinary High Water Level, all structures in all
shoreland overlay districts shall be set back:
Setback From Structure Setback
Top of a bluff 30 feet
Federal, State, County Highway
rights-of-way 50 feet
Subd. 9: Height Requirements. No portion of any structure shall exceed 25 feet in height
within the Shoreland Overlay District. Berming the building does not allow a building to be
constructed higher than 25 feet. Elevation for the building shall be determined by the average
grade of the land.
Subd. 10: Surface Coverage Requirements. No structure or combination of structures
shall occupy more than 25% of the lot area within the Shoreland Overlay District.
Subd. 11: Special Requirements for Commercial Uses.
a) Surface water-oriented commercial uses and industrial, public, or semipublic uses
with similar needs to have access to and use of public waters may be located on
502.20-6
ORDINANCE 502 – ZONING ORDINANCE
parcels or lots with frontage on public waters. Those uses with water-oriented
needs must meet the following standards:
1. In addition to meeting impervious coverage limits, setbacks and other
dimensional provisions of this ordinance, the uses must be designed to
incorporate topographic and vegetative screening of parking areas and
structures;
2. Uses that require short-term watercraft mooring for patrons must
centralize these facilities and design them to avoid obstructions of
navigation and to be the minimum size necessary to meet the need; and,
3. Uses that depend on patrons arriving by watercraft may use signs and
lighting to convey needed information to the public, subject to the
following general standards:
A. No advertising signs or supporting facilities for signs may be
placed in or upon public waters. Signs conveying information or
safety messages may be placed in or on public waters by a public
authority or under a permit issued by the City of St. Joseph;
B. Signs may be placed, when necessary, within the shore impact
zone if they are designed and sized to be the minimum necessary to
convey the location and name of the establishment and the general
type of goods or services available. The signs must not contain
other detailed information such as product brands and prices, must
not be located higher than ten feet above the ground, and must not
exceed 32 square feet in size. If illuminated by artificial lighting,
such lights shall be shielded or directed to prevent illumination out
across public waters; and
C. Other outside lighting may be located within the shore impact zone
or over public waters if it is used primarily to illuminate potential
safety hazards and is shielded or otherwise directed to prevent
direct illumination out across public waters. This section does not
preclude the use of navigational lighting.
4. Uses without water-oriented needs are encouraged to locate on lots or
parcels without public water frontage. If located on lots with public water
frontage, such uses must either be set back double the normal setback
from the ordinary high water level or be substantially screened from view
from the water by vegetation or topography, assuming summer, leaf-on
conditions.
Subd. 12: Other Requirements.
502.20-7
ORDINANCE 502 – ZONING ORDINANCE
a) All structures, developments and plans shall adhere to other requirements
identified within the underlying zoning classification as well as the following
standards.
b) All structures within the shoreland overlay district adjacent to Transitional Rivers
or Tributaries shall meet the following:
1. All structures, including accessory structures and additions to existing
structures shall be placed so that the lowest floor (basement or first floor if
there is no basement) is at least three (3) feet above the flood of record, if
data is available. If data is not available, the lowest floor shall be placed at
least three (3) feet above the ordinary high water level. Alternately any
structure shall be constructed on fill so that the basement floor, or first
floor if there is no basement, is at or above the Regulatory Flood
Protection Elevation. The finished fill elevation must be no lower than
one foot below the Regulatory Flood Protection Elevation and shall extend
at such elevation at least 15' beyond the limits of the structure constructed
thereon. If more than one of these approaches is used, the highest flood
protection elevation that is determined shall be used for placing all
structures and other facilities.
2. Uses that do not have vehicular access at or above an elevation not more
than two feet below the Regulatory Flood Protection Elevation to lands
outside of the flood plain shall not be permitted unless granted a variance
by the Board of Adjustment. In granting a variance, the Board shall
specify limitations on the period of use or occupancy of the use and only
after determining that adequate flood warning time and local emergency
response and recovery procedures exist.
3. Accessory commercial land uses, such as yards and parking lots may be at
elevations lower than the Regulatory Flood Protection Elevation.
However, a permit for such facilities to be used by the employees or the
general public shall not be granted unless a flood warning system is in
place.
c) In addition to the requirements of the underlying zoning classification, all
structures within the shoreland overlay districts adjacent to lakes shall adhere to
the following:
1. The lowest floor at a level shall be placed no lower than the regulatory
flood protection elevation or at least three feet above the highest known
water level, or at least three feet above the ordinary high water level,
whichever is higher.
d) The City shall evaluate soil erosion impacts and development visibility from
public waters before issuing a permit for construction of roads, driveways,
502.20-8
ORDINANCE 502 – ZONING ORDINANCE
structures or other improvements on steep slopes. When determined necessary,
conditions shall be attached to issued permits to prevent erosion and to preserve
existing vegetation screening of structures, vehicles and other facilities as viewed
from the surface of public waters, assuming summer, leaf-on vegetation.
e) Upon application for a permit or subdivision approval within the shoreland
overlay district, the City shall notify and require the applicant furnish sufficient
site development plans and a hydrologic/hydraulic analysis by a qualified
engineer or hydrologist specifying the nature of the development and whether the
proposed use is located in the floodway or flood fringe and the Regulatory Flood
Protection Elevation for the site. Procedures consistent with Minnesota Rules:
Technical Standards and Requirements for Flood Plain Evaluation shall be
followed during the technical evaluation and review of the development proposal.
The City of St. Joseph shall submit one copy of the information required above to
the respective Department of Natural Resources Area Hydrologist for review and
comment at least 20 days prior to the granting of a permit or manufacture home
park/subdivision approval is granted.
f) Placement and Design of Roads, Driveways, and Parking Areas.
1. Public and private roads and parking areas shall be designed to take
advantage of natural vegetation and topography to achieve maximum
screening from view from public waters. Plans and specifications shall be
provided by a qualified individual, such as a registered professional
engineer, architect or surveyor, showing that all roads and parking areas
are designed and will be constructed to minimize and control erosion to
public waters consistent with the field office technical guides of the local
Soil and Water Conservation District or other applicable technical
materials.
2. Public and private roads, driveways, and parking areas shall meet structure
setbacks from the Ordinary High Water mark for the applicable lake or
river classification, and shall not be placed within shore impact zones
when avoidance is an option. If no alternatives exist, they may be placed
within these areas, provided they are designed to minimize adverse
impacts.
g) Vegetative Alterations.
1. Vegetation alterations necessary for the construction of structures,
placement of municipal utilities or the construction of roadways and
parking areas as outlined in this section are exempt from the vegetation
alteration standards that follow.
2. Removal or alteration of vegetation is allowed subject to the following
standards:
502.20-9
ORDINANCE 502 – ZONING ORDINANCE
A. Intensive vegetation clearing within the shore and bluff impact
zones and on steep slopes is not allowed.
B. In shore and bluff impact zones and on steep slopes, limited
clearing of trees and cutting, pruning and trimming of trees is
allowed to provide a view to the water from the principal dwelling
site and to accommodate the placement of stairways and landings,
picnic areas, access paths and beach and watercraft access areas
provided that:
i. The screening of structures, vehicles or other facilities as
viewed from the water assuming summer, leaf on
conditions is not substantially reduced.
ii. Along rivers, existing shading of water surfaces is
preserved.
iii. Removal of trees, limbs or branches that are dead, diseased
or pose safety hazards are not affected by this standard.
h) Storage of Hazardous Materials.
1. The storage or processing of materials that are, in time of flooding:
flammable, explosive or potentially injurious to human, animal or plant
life is prohibited.
2. Storage of other materials or equipment, where allowed by the underlying
zoning district, may be allowed if readily removable from the area within
the time available after a flood warning or if placed on fill to the
Regulatory Flood Protection Elevation. The Regulatory Flood Protection
Elevation is an elevation no lower than one foot above the elevation of the
regional flood plus any increases in flood elevation caused by
encroachments on the flood plain and/or floodway.
i) Water-oriented Accessory Structures.
1. Each lot may have one water-oriented accessory structure not meeting the
normal structure setback provided the water-oriented accessory structure:
A. The structure or facility does not exceed ten (10) feet in height,
exclusive of safety rails, and does not occupy an area greater than
250 square feet.
B. Detached decks do not exceed eight feet above grade at any point.
502.20-10
ORDINANCE 502 – ZONING ORDINANCE
C. The structure or facility is set back from the ordinary high water
level at minimum of ten (10) feet.
D. The structure or facility is treated to reduce visibility as viewed
from public waters and adjacent shorelands by vegetation,
topography, increased setbacks or color, assuming summer, leaf-on
conditions.
E. The roof may be used as a deck with safety rails, but shall not be
enclosed or used as a storage area.
F. The structure or facility shall not be designed or used for human
habitation and shall not contain water or sewer facilities.
j) Stairways, Lifts and Landings.
1. Stairways and lifts are the preferred alternative to major topographic
alterations for achieving access up and down bluffs and steep slopes to
shore areas. Stairways, sidewalks, lifts and landings must meet the
following design requirements:
A. Stairways, sidewalks and lifts must not exceed four feet in width
on residential lots. Wider stairways, and sidewalks may be used for
commercial properties, public open-space recreational properties,
and planned unit developments if specifically authorized in a
conditional use permit;
B. Landings for stairways and lifts on residential lots must not exceed
36 square feet in area. Landings larger than 36 square feet may be
allowed for commercial properties, public open-space recreational
properties, and planned unit developments if specifically
authorized in a conditional use permit;
C. Canopies or roofs are not allowed on stairways, sidewalks, lifts, or
landings;
D. Stairways, sidewalks, lifts or landings may be either constructed
above the ground on posts or pilings, or placed into the ground
provided they are designed and built in a manner that ensures
control of soil erosion;
E. Stairways, sidewalks, lifts or landings must be located in the most
visually inconspicuous portions of lots, as viewed from the surface
of the public waters assuming summer, leaf-on conditions,
whenever practical; and
502.20-11
ORDINANCE 502 – ZONING ORDINANCE
F. Facilities such as ramps, lifts, or mobility paths for physically
handicapped persons are also allowed as a permitted use for
achieving access to shore areas, provided that the dimensional and
performance standards of this section, and the requirements of the
State Building Code are complied with.
k) Controlled Access or Recreational Lots.
1. Lots intended as controlled accesses to public waters or as recreation areas
for use by owners of nonriparian lots within subdivisions and/or PUDs are
permissible and must meet the following standards:
A. They must meet the width and size requirements for residential
lots, and be suitable for the intended uses of controlled access lots.
B. If docking, mooring or over-water storage of more than six (6)
watercraft is to be allowed at a controlled access lot, the width of
the lot (keeping the same lot depth) must be increased by the
percent of the requirements for riparian residential lots for each
watercraft beyond six, consistent with the following table:
Ratio of Lake Size (acres) Required Increase
to Shore Length (miles) in Frontage (%)
Less than 100 25
100-200 20
201-300 15
301-400 10
More than 400 5
C. They must be jointly owned by all purchasers of lots in the
subdivision or by all purchasers of nonriparian lots in the
subdivision who are provided riparian access rights on the access
lot; and,
D. Covenants or other equally effective legal instruments must be
developed that specify which lot owners have authority to use the
access lot and what activities are allowed. The activities may
include watercraft launching, loading, storage, beaching, mooring
or docking. They must also include other outdoor recreational
activities that do not significantly conflict general public use of the
public water or the enjoyment of normal property rights by
adjacent property owners. Examples of the non-significant conflict
activities include swimming, sunbathing or picnicking. The
covenants must limit the total number of vehicles allowed to be
continuously moored, parked or stored over water and must require
centralization of all common facilities and activities in the most
502.20-12
ORDINANCE 502 – ZONING ORDINANCE
suitable locations on the lot to minimize topographic and
vegetation alterations. They must also require all parking areas,
storage buildings and other facilities to be screened by vegetation
or topography as much as practical from view from the public
water, assuming summer, leaf-on conditions.
Subd. 13: Notification Procedures.
a) Notification to Minnesota Department of Natural Resources.
1. Copies of all notices of public hearing for amendments, conditional uses,
or variances shall be sent to the Commissioner of the Minnesota
Department of Natural Resources at lest ten (10) days prior to such
hearings. The notice shall include a copy of the proposed ordinance or
amendment, or a description of the requested conditional use or variance.
The City shall notify the Commissioner of its final decision on the
proposed action within ten (10) days of the decision. Such action by the
City Council shall become effective only when either:
A. The final decision of the City has previously received certification
of approval from the Commissioner of the Minnesota Department
of Natural Resources; or
B. The City received certification of approval after its final decision;
or
C. Thirty (30) days have elapsed from the day the Commissioner of
the Minnesota DNR received notice of the final decision, and the
City has not received from the Commissioner the certification of
approval nor the notice of non-approval; or
D. The Commissioner of the Minnesota DNR certifies his/her
approval after conducting a public hearing.
E. In the event the action is not approved by the Commissioner, the
City may, within thirty (30) days from the notice of non-approval,
file with the Commissioner a request of a Public Hearing pursuant
to DNR standards to reconsider the non-approval.
Subd. 14. Planned Unit Developments.
a) Planned unit developments (PUD's) are allowed as special uses for new projects
on undeveloped land, redevelopment of previously built sites, or conversions of
502.20-13
ORDINANCE 502 – ZONING ORDINANCE
existing buildings providing the use is allowable in the underlying zoning
classification.
b) PUD’s shall be processed in the manner defined in the underlying zoning
classification and in compliance with this Section.
c) An applicant for a PUD shall submit the following documents prior to final action
being taken on the application request:
1. A site plan and/or plat for the project showing: the boundary of the
proposed development; surface water features and other natural and man
made features; existing and proposed structures and other facilities,
proposed land alterations; the location of municipal utilities; and
topographic contours at a minimum of ten-foot intervals. A PUD that
combines commercial and residential structures shall indicate and
distinguish which buildings and portions of a project are commercial,
residential or a combination of the two.
2. For residential planned unit developments a property owners association
agreement with mandatory membership, all in accordance with the
maintenance and administrative requirements prescribed in this Ordinance.
3. Deed restrictions, covenants, permanent easements or other instruments
that:
A. Properly address future vegetative and topographic alterations;
construction of additional buildings; beaching of watercraft; and
construction of commercial buildings in residential PUD's; and,
B. Ensure the long-term preservation and maintenance of open space
in accordance with the criteria and analysis specified in the
maintenance and administrative requirements of this Section.
4. For commercial planned unit developments, and for commercial structures
within residential planned unit developments; a master plan/drawing
describing the proposed project and the floor plan for all commercial
structures to be occupied.
5. Any additional documents as requested by the City of St. Joseph Planning
Commission that are necessary to explain how the PUD will be designed
and will function.
d) PUD Site Suitability Evaluation.
1. Proposed new, or expansions to existing, planned unit developments shall
be evaluated using the following procedures and standards to determine
502.20-14
ORDINANCE 502 – ZONING ORDINANCE
the suitable area for the dwelling unit/dwelling site evaluation described in
this Ordinance.
2. The project parcel must be divided into tiers by locating one or more lines
approximately parallel to a line that identifies the ordinary high water
level at the following intervals, proceeding landward:
Natural Environment lakes 320 ft.
Recreational Development lakes 267 ft.
Rivers and Tributaries 300 ft.
3. The suitable area within each tier is next calculated by excluding from the
tier area all wetlands, bluffs, and land below the ordinary high water level
of public waters. This suitable area and the proposed development are
then subjected to either the residential or commercial planned unit
development density evaluation steps to arrive at an allowable number of
dwelling units or sites within each tier.
e) PUD Maximum Density.
1. The procedures for determining the allowable density of residential and
commercial planned unit developments are as follows. Allowable
densities may be transferred from a tier to any other tier further from the
public water, but shall not be transferred to any tier closer to the public
water.
2. To determine the allowable density for Residential Planned Unit
Developments:
A. The suitable area within each tier is divided by the single
residential lot size standard for the applicable management district.
B. Proposed locations and numbers of dwelling units or sites for the
residential planned unit developments are then compared with the
tier, density, and suitability analyses herein and the maintenance
and design criteria prescribed in this Ordinance.
3. To determine the allowable density for Commercial Planned Unit
Developments:
A. The average inside living area size of dwelling units or sites is
computed. Computation of inside living area need not include
decks, patios, stoops, steps, garages, porches or basements unless
such areas are habitable space;
502.20-15
ORDINANCE 502 – ZONING ORDINANCE
B. The appropriate floor area ratio is then selected from the following
table based upon the average unit floor area for the appropriate
public water classification;
Recreational
Average Unit Floor Natural Environment
Tributaries Development Lakes
Area in Square Feet Lakes
& Transitional Rivers
200 or less .040 .020 .010
300 .048 .024 .012
400 .056 .028 .014
500 .065 .032 .016
600 .072 .038 .019
700 .082 .042 .021
800 .091 .046 .023
900 .099 .050 .025
1000 .108 .054 .027
1100 .116 .058 .029
1200 .125 .064 .032
1300 .133 .068 .034
1400 .142 .072 .036
1500 or more .150 .075 .038
* For recreational camping areas, use the ratios listed for the average floor area of 400 square feet.
C. Multiply the suitable area within each tier by the floor area ratio to
yield total floor area for each tier allowed to be used for dwelling
units or sites;
D. Divide the total floor area by tier computed in item (c) above by
the average inside living area size determined in item (a) above.
This yields the base number of dwelling units and sites for each
tier;
E. Proposed locations and numbers of dwelling units or sites for the
commercial planned unit developments are then compared with the
tier, density and suitability analyses herein and the maintenance
and design criteria prescribed in this Ordinance.
f) PUD Maintenance and Design Criteria.
1. Before final approval of a planned unit development may be granted,
adequate provisions must be developed for the preservation and
maintenance of open spaces in perpetuity, and for the continued existence
and functioning of the development.
2. Deed restrictions, covenants, permanent easements, public dedication and
acceptance, or other equally effective and permanent means shall be
502.20-16
ORDINANCE 502 – ZONING ORDINANCE
provided to ensure long-term preservation and maintenance of open space.
The instruments must include all of the following protections:
A. Commercial uses shall be prohibited in residential planned unit
developments;
B. Vegetative and topographic alterations, except for routine
maintenance, shall be prohibited;
C. Construction of additional buildings or the storage of vehicles
and/or other materials is prohibited;
D. Uncontrolled beaching of watercraft shall be prohibited.
3. All residential planned unit developments must have a property owners
association with the following features:
A. Membership shall be mandatory for each dwelling unit or site
owner;
B. Each member must pay a pro-rata share of the expenses of the
association, and unpaid assessments may become liens on units or
sites;
C. Assessments must be adjustable to accommodate changing
conditions; and
D. The association shall be responsible for insurance, taxes, and
maintenance of all commonly owned property and facilities.
4. All planned unit developments must contain open space meeting all of the
following criteria;
A. At least 50 percent of the total project area must be preserved as
open space;
B. Dwelling units or sites, road rights-of-way, land covered by road
surfaces, parking areas, and structures are developed areas and
shall not be included in the computation of open space;
C. Open space must include those areas with physical characteristics
unsuitable for development in their natural state, and areas
containing significant historic sites or unplatted cemeteries;
502.20-17
ORDINANCE 502 – ZONING ORDINANCE
D. Open space may include outdoor recreational facilities for use by
owners of dwelling units or sites, by guests staying in commercial
dwelling units or sites, and by the general public;
E. Open space may include subsurface sewage treatment systems
provided the use of the space is restricted to avoid adverse impacts
on such systems;
F. Open space must not include commercial facilities or uses;
G. The appearance of open space areas, including topography,
vegetation, and allowable uses, must be preserved by use of
restrictive deed covenants, permanent easements, public dedication
and acceptance, or other equally effective and permanent means;
and
H. The shore impact zone, based upon normal structure setbacks,
must be included as open space. For residential planned unit
developments, at least 50 percent of the shore impact zone of
existing developments and at least 70 percent of the shore impact
zone area of new developments must be preserved in its natural or
existing state. For commercial planned unit developments, at least
50 percent of the shore impact zone must be preserved in its
natural state.
5. Erosion control and stormwater management plans must be developed and
the PUD must:
A. Adhere to stormwater standards set forth within this Ordinance.
B. Impervious surface coverage within any tier must not exceed 25
percent of the tier area, except that for commercial planned unit
developments 35 percent impervious surface coverage may be
allowed in the first tier of general development lakes with an
approved stormwater management plan consistent with this
Ordinance.
6. Centralization and design of facilities and structures must be done
according to the following standards:
A. Planned unit developments shall be connected to municipal
utilities.
B. Dwelling units or sites must be clustered into one or more groups
and located on suitable areas of the development. They must be
designed and located to meet or exceed the following dimensional
502.20-18
ORDINANCE 502 – ZONING ORDINANCE
standards for the applicable shoreland classification: setback from
the ordinary high water level; elevation above the surface water
features; and maximum height;
C. Shore recreation facilities, including but not limited to swimming
areas, docks and watercraft mooring areas and launching ramps
must be centralized and located in suitable areas. Evaluation of
suitability must include consideration of land slope, water depth,
vegetation, soils, depth to groundwater and bedrock, or other
relevant factors. The number of spaces provided for continuous
beaching, mooring, or docking of watercraft must not exceed one
for each allowable dwelling unit or site in the first tier (not
withstanding existing mooring sites in an existing commercially
used harbor). Launching ramp facilities, including a small dock
for loading and unloading equipment, may be provided for use by
occupants of dwelling units or sites located in other tiers;
D. Structures, parking areas, and other facilities must be treated to
reduce visibility as viewed from public waters and adjacent
shorelands by vegetation, topography, increased setbacks, color, or
other means, assuming summer, leaf-on conditions. Vegetative
and topographic screening must be preserved, if existing, or may
be required to be provided;
E. Accessory structures and facilities must meet the required principal
structure setback, and must be centralized.
Subd. 15: Conversions to Planned Unit Developments.
a) Resorts or other land uses and/or facilities may be converted to residential
planned unit developments provided all of the following standards are met:
1. Proposed conversions must be initially evaluated using the same
procedures as for residential planned unit developments involving all new
construction. Inconsistencies between existing features of the
development and the PUD standards shall be identified.
2. Deficiencies involving structure color, impervious surface coverage, open
space and shore recreation facilities must be corrected as part of the
conversion, or as specified in the Special Use Permit.
3. Shore and bluff impact zone deficiencies must be evaluated and
reasonable improvements made as part of the conversion. These
improvements must include, where applicable, the following:
502.20-19
ORDINANCE 502 – ZONING ORDINANCE
A. Removal of extraneous buildings, docks, or other facilities that no
longer need to be located in shore or bluff impact zones;
B. Remedial measures to correct erosion sites and improve the
vegetative cover and screening of buildings and other facilities as
viewed from the water; and
C. If existing dwelling units are located in shore or bluff impact
zones, conditions that preclude exterior expansions in any
dimension or substantial alteration are attached to approvals of all
conversions. The conditions must also provide for future
relocation of dwelling units, where feasible, to other locations
meeting all setback and elevation requirements when they are
rebuilt or replaced.
4. Existing dwelling unit or dwelling site densities that exceed standards
prescribed in this Ordinance may be allowed to continue but shall not be
increased, either at the time of conversion or in the future. Efforts must be
made during any such conversion to limit impacts of high densities by
requiring seasonal use, improving vegetative screening, centralizing shore
recreation facilities, or other means.
502.20-20
ORDINANCE 502 – ZONING ORDINANCE
Section 502.21: TRANSPORTATION CORRIDOR OVERLAY DISTRICT SITE AND
DESIGN STANDARDS
Subd. 1: Intent.
a) This district is intended to protect and promote the health, safety and general
welfare of the public; to enhance the visual appearance of the corridor; to protect
and promote the appearance, character and economic values along the corridor
and the surrounding neighborhoods.
b) This district is furthermore intended to maintain the long-term function of arterial
and collector roadways; to limit access and the number of conflict points; to
promote vehicular circulation; and to promote prevention or reduction of traffic
congestion and danger in the public streets.
Subd. 2: Scope.
a) The Transportation Corridor Overlay District shall be defined as follows:
1. West CSAH 75
A. North of CSAH 75: areas within 300 feet of the CSAH 75 right-of-
st
way from CSAH 3 east to 1 Avenue NW.
B. South of CSAH 75: areas within 300 feet of the CSAH 75 right-of-
st
way from the western city limits east to 1 Avenue NW.
2. East CSAH 75:
A. North of CSAH 75: areas within 300 feet of the CSAH 75 right-of-way
and north of the Wobegon Trail from a point 500 feet west of Northland
Drive east to CR 134
.
B. South of CSAH75: areas within 300 feet of the CSAH 75 right of way
th
from 4 Avenue NE east to the easterly city limits (east of CR 134).
3. 1-94 Corridor:
A. 500 feet from the nearest edge of the 1-94 right-of-way.
Subd. 3: Exemptions.
502.21-1
ORDINANCE 502 – ZONING ORDINANCE
a) Single and two-family residential uses shall not be subject to the standards of the
transportation corridor overlay district. However, at such time that a single or
two-family residential use is to be converted to another use it will be subject to
the standards of the transportation corridor overlay district.
b) Structures existing prior to adoption of the Ordinance.
stth
c) Areas along CSAH 75 located between 1 Avenue NW and 4 Avenue NE.
Subd. 4: Uses Allowed. Permitted, conditional, interim and accessory uses allowed
within the transportation corridor overlay district shall be the same uses as those allowed in the
applicable underlying zoning district(s).
Subd. 5: Setbacks, site coverage, building height, building requirements contained within
the applicable underlying zoning district shall apply. In addition the following standards shall be
observed. All buildings shall maintain a minimum setback of forty (40) feet from the road right-
of-way limit. Front setbacks on each side of corner lots shall be maintained.
Subd. 6: Parking Standards. The following standards shall be in addition to those
required within this Ordinance relating to off-street parking and loading. Where standards
conflict the most restrictive standard shall apply.
a) Parking areas shall be designed and located so as to have minimal visual impact
along transportation corridors. Therefore, all parking areas shall be constructed in
the rear or side yards, unless specifically permitted in the front yard by the
Planning Commission. When permitted in the front yard, additional landscaping
and buffering may be required by the Planning Commission to minimize visual
impact. No parking will be allowed within a forty (40) setback from the nearest
boundary of the applicable transportation corridor right-of-way limit.
b) Where a development application covers land located adjacent to an existing
parking lot used for similar purposes, a vehicular connection between the parking
lots shall be provided wherever possible. For development applications adjacent
to vacant properties, the site shall be designed and constructed to provide for a
future connection.
c) Parking lot landscaping. All development sites shall landscape an area equivalent
to fifteen (15) percent of the total area of the required parking lot. Said required
landscaping shall be employed within the subject parking lot and adjacent to
walkways within and leading to/from the subject parking lot.
Subd. 7: Sign Standards. The following standards shall be in addition to those required
within this Ordinance relating to signs. Where standards conflict the most restrictive standard
shall apply.
502.21-2
ORDINANCE 502 – ZONING ORDINANCE
a) Free-standing signs shall not be placed nearer than twenty (20) feet from the
nearest edge of the right-of-way.
b) Free-standing signs within the required landscaped greenway shall be designed in
a manner complementary to the landscaped greenway.
c) Free-standing identification signs shall have a low-profile design not more than
twenty (20) feet in height and shall be designed to complement and reflect the
architecture of the building.
Subd. 8: Site Design Standards.
a) Viewsheds.
1. Viewsheds shall be defined as the natural environment or landscaped
topography that is visible from one or more viewing points. The viewshed
in the transportation corridor overlay district shall at a minimum
correspond to a forty (40) foot landscaped greenway as measured from the
nearest edge of the applicable right-of-way.
2. Viewsheds shall be considered in all development proposal applications
within the transportation corridor overlay district.
3. Development shall be designed to minimize the visual intrusion of all
structures in the viewshed.
b) Outside storage/display of goods. Outside storage or display of goods except
automotive and similar large item sales shall be completely screened from the
view of the corridor roadway by the employment of a vegetative buffer. This
standard is in addition to those required within the underlying zoning
classification and this Ordinance relating to outdoor storage. Where standards
conflict the most restrictive standard shall apply.
c) Utilities. Utility lines, including electric, cable and telephone, to serve the
development project shall be installed underground. All junction and access boxes
shall be screened. All utility pad fixtures, meter boxes, etc. shall be shown on the
site plan and integrated with the architectural elements of the site. In redeveloping
areas within the transportation corridor overlay placement of utility lines
underground is highly encouraged.
d) Street tree landscaping. In all instances where commercial and/or multi-family
residential districts are adjacent to any public street, street tree/landscaping will be
required as approved by the City.
Subd. 9: Building Layout/Design.
502.21-3
ORDINANCE 502 – ZONING ORDINANCE
a) Integrated development. All buildings within the property shall be developed as a
cohesive entity, ensuring that building placement, architectural treatment,
vehicular and pedestrian circulation and other development elements work
together functionally and aesthetically. Architectural treatment shall be designed
so that all building facades of the same building (whether front, side, or rear) that
are visible from the public right-of-way, shall consist of similar architectural
treatment in terms of materials, quality, appearance and detail.
b) Clustering. Buildings shall be clustered together to preserve natural and landscape
open areas along the transportation corridor. Buildings shall be arranged in a
manner that creates well-defined open space that is viewable from the traveled
portion of the corridor.
c) Architectural Appearance/Scale.
1. New buildings shall have generally complex exterior forms, including
design components such as windows, doors, and changes in roof and
facade orientation. Large flat expanses of featureless exterior wall shall be
avoided. The treatment of buildings shall include vertical architectural
treatment at least every 25-30 feet to break down the scale of the building
into smaller components.
2. Orientation. Building facades and entrances should be oriented in a
manner toward the primary means of vehicular access.
3. Scale and proportion. New construction should relate to the dominant
proportions of buildings and streetscape in the immediate area. The ratio
of height to width and the ratio of mass (building) to void (openings)
should be balanced.
4. Architectural details shall continue on all facades visible from the public
right-of-way.
5. Any facade with a blank wall shall be screened with vegetative treatments
and/or the installation faux architectural treatments (e.g. fenestrations) so
as to break up the mass and bulk of the facade in a manner fitting the
intent of this section.
d) Materials. Building materials shall be typical of those prevalent in commercial
areas, including, but not limited to, stucco, brick, architectural block, decorative
masonry, non-reflective glass and similar materials. Architectural metal may be
used for a portion of facades facing public rights of way but shall not be the
dominant material employed with windows and doors being excluded from this
calculation.
502.21-4
ORDINANCE 502 – ZONING ORDINANCE
e) Color. The permanent color of building materials (to be left unpainted) shall
resemble earthen tones prevalent in nature. Showy and striking colors shall be
avoided.
f) Lighting:
1. All outdoor lighting fixtures shall be down-directed, with light trespass not
to exceed 0.4 foot-candles at the property line.
2. All island canopy ceiling fixtures shall be recessed.
3. Whenever possible commercial lighting should be reduced in
volume/intensity when said commercial facilities are not open for
business.
Subd. 10: Vegetative Screening/Buffers.
a) This standard is in addition to those in this Ordinance relating to landscaping.
Where standards conflict the most restrictive standard shall apply.
b) Any required vegetative/planting screen shall be designed, planted and maintained
in accordance with a landscaping plan approved by the Zoning Administrator.
c) The planting screen shall provide an effective buffer between the area to be
screened and the adjoining roadway or commercial/industrial development.
d) The planting screen may be comprised of previously existing vegetation (provided
that the majority of such existing vegetation is trees), new plantings or any
combination of existing vegetation and new plantings. When complete, the
vegetation and plantings shall provide a dense year-round screen satisfying the
purpose and intent of this section.
e) The planting screen may consist of a mixture of deciduous and evergreen trees
and/or shrubs or a planting of evergreen trees and/or shrubs.
f) The planting screen shall be subject to on-site inspection by the City which, if
necessary, may prescribe that additional plantings be made in order to satisfy the
standards set out herein.
g) The property owner shall maintain vegetative/planting screening in accordance
with the approved landscaping plan and to abide by requirements for any
additional plantings.
h) Vegetative buffering. In all instances where commercial and/or multi-family
residential districts are adjacent to single-family residential districts and in all
instances where commercial districts are adjacent to multi-family residential
502.21-5
ORDINANCE 502 – ZONING ORDINANCE
districts, there shall be established within the commercial and/or multi-family
district, as applicable, a screened yard of vegetative buffering between the
districts. The arrangement and spacing of the vegetative buffer shall be provided
in such a manner as to effectively screen the activities of the subject lot. It shall
generally be provided along the property line, unless topographic or other
considerations would make it more effective if located back from the property
line.
Subd. 11: Design Flexibility. Alternatives to the requirements listed above may be
approved by the City Council, upon recommendation of the Planning Commission for
existing lots of record prior to July, 2012, where due to the lot size and/or configuration it
is determined it is not feasible to reasonably accommodate the increased setbacks,
parking design or landscape requirements required within the overlay district.
502.21-6
ORDINANCE 502 – ZONING ORDINANCE
Section 502.22: OUTDOOR PATIOAREAS AND SIDEWALK CAFÉS
Subd. 1: Intent:The intent of this section of the zoning ordinance is to establish general
standards for outdoor dining areas and sidewalk cafés.
Subd. 2: Definitions:
a) “Outdoor Patio” – an area designed to accommodate outdoor dining where
beverages and/or food is served; that is subordinate to a permitted use on the same
property.
b) “Sidewalk Café” – an outdoor dining area located within the public right of way
in front or adjoining a restaurant or other eating and drinking establishment.
Subd. 3: Outdoor Patio Areas: Outdoor patio areas are permitted accessory uses in
conjunction with a restaurant, coffee shop, or other eating and drinking facility provided a site
plan is approved by the Zoning Administrator. The Zoning Administrator shall forward copies of
application and site plan to the appropriate staff, and consultants for review and
recommendation. The following requirements must be met:
a) Application for site plan review shall be filed with the Zoning Administrator and
shall be accompanied by the appropriate fee and the following submittal
information:
1. Existing boundaries with lot dimension and lot area
2. Existing buildings and structures
3. Location, setback and dimensions on proposed patio, walkways and
structures
4.Location and type of all proposed lighting, including fixture details
5.Landscaping plan, including landscaping material, location, type of plan
and size
6.Calculations for impervious surface
7.Additional information determined necessary by the Zoning Administrator
to ensure compliance with City Ordinance.
b)Patrons must gain entrance to the outdoorpatioarea from within the main facility,
however at least one exit must be provided for fire safety.
c)If intoxicating liquoris intended to be served in the outdoor patioarea, the
standards of theSt. Joseph Code of Ordinances asmay be amended shall apply.
d)If anyforms of music, radio, television, and other entertainmentare proposed
within the outdoor patio area, the entertainment shall adhere to applicable noise
ordinances.
502.22- 1
ORDINANCE 502 – ZONING ORDINANCE
e) The outdoor patio area shall be handicap accessible and not restrict accessibility
in other areas inside or outside the restaurant or food establishment.
f) The outdoor patio area is not limited in size and is considered a permitted
accessory use to a principal eating/drinking establishment.
g) The design and finish of the outdoor patio area shall be compatible with the main
structure in terms of scale (ancillary), color, architectural features, finish grade,
materials and the like.
1. Prohibited fencing and barrier materials include but is not limited to: chain
link, chicken wire, snow fencing, untreated wood, fabric inserts.
2. Prohibited materials for tables includes but is not limited to: plastic, glass
table tops. Picnic tables are only allowed in the rear or side of the property
unless the picnic tables are authorized by the city to be placed in the front.
3. Prohibited materials for chairs includes but is not limited to: unfinished
wood.
h) The outdoor patio area shall be a well-defined space delineatedby decorative
bollards, planters or fencing. If a fence is proposed, a fencing plan shall be
submitted for review and approval by the City.
i)The outdoor patio area shall be kept in a clean and orderly manner. No food or
beverages may be stored outdoors.
j)The patioarea shall be designedand serviced to prevent debris from blowing off
the premises. The business and/or property owner shall be responsible to ensure
that the area is properly maintained and litter-free.
k)The outdoor patio area must conform to all fire and building codes related to the
number and types of exits that are required and maximum structural occupancy
limits.
l) Outdoor patio areas shall only be used between the hours of 7:00 AM and 10:00
PM.
m) The parking regulations related to minimum required spaces as set forth in this
chapter shall apply and compliance therewith shall be maintained.
n) The maximum surface coverage requirements set forth in this chapter shall apply
and compliance therewith shall be maintained.
Subd. 4: Sidewalk Cafés: Sidewalk cafés are permitted accessory uses within the B-1
Central Business District in conjunction with a restaurant, coffee shop, or other eating and
drinking facility provided a site plan specifying the area in which the café will be operated is
approved by the Zoning Administrator. The Zoning Administrator shall forward copies of
application and site plan to the appropriate staff, and consultants for review and
502.22- 2
ORDINANCE 502 – ZONING ORDINANCE
recommendation.
a) Sidewalk cafés shall be limited to the placement of tables, benches, chairs on
portions of sidewalks immediately adjacent to the business operating them.
Allowable materials shall be consistent with the outdoor patio ordinance.
b)A sidewalk café may not occupy any portion of a public streetunless it’s part of
an approved parklet plan.
c) Maintenance of all private facilities on public property shall be the owner’s
responsibility.
d) A minimum of five (5) feet of sidewalk width remains unobstructed to maintain
pedestrian clearance. The pedestrian clearance shall be measured from the edge of
the dining area to the curbline.
e) Umbrellas/canopies shall not extend into the pedestrian clearance zone.
f) At no time shall the sidewalk café area be used for consumption of alcoholic
beverages.
g) The business and/or property owner shall be responsible to ensure the sidewalk
café area is properly maintained and litter-free. Sites of sidewalk cafés shall be
maintained in an orderly, clean and sanitary manner and be free of debris at all
times. Trash containers and staffing shall be available at all times to facilitate this
condition. Litter shall be picked up on a daily basis.
h) The City may require businesses operating sidewalk cafés routinely sweep and/or
wash portions of sidewalks impacted by such cafés.
i) The sidewalk café area shall not block access to the building entrance or required
exits.
j) The sidewalk café area shall only be used between the hours of 7:00 AM and
10:00 PM.
k) If the sidewalk café is proposed to encroach into the right of way, written
approval shall be requested and approval provided by the Zoning Administrator
and Public Works Director.
l) Sidewalk café operators shall provide proof of insurance on an annual basis.
Owners of sidewalk cafes shall hold the City harmless from al liability associated
with the operation and maintenance of a sidewalk café.
Amended 5/2021 & 7/2021
502.22- 3
ORDINANCE 502 – ZONING ORDINANCE
Section 502.26: AGRICULTURAL DISTRICT
Subd. 1: Intent. To establish and preserve areas within the City for the continuation of
viable agricultural operations; and to provide for very low density residential development for
those persons desiring a rural life-style. To preserve areas which due to natural features, limited
roads and proximity to available services are best suited to limited development as determined by
the policies of the City Council.
Subd. 2: Permitted Uses.
a) General farming as defined by this Ordinance.
b) Single family residences as defined, provided they meet the requirements of this
section.
c) Commercial outdoor recreational area, including golf courses, club houses and
swimming pools.
d) Roadside stands for sale of excess garden produce provided they meet
requirements of this Ordinance.
e) Public parks, recreational areas, environmental study areas and game refuges.
f) Nurseries and tree farms.
Subd. 3: Conditional Uses. The following uses require a Conditional Use Permit as
regulated in this Ordinance.
a) Governmental and public utility buildings and structures.
b) Facilities for retail or wholesale trade connected with nursery and tree farms.
c) Kennels, animal hospitals, stables, etc., provided that:
1. Such uses are adequately screened from abutting residential uses;
2. Any structure, not including pens or corrals, in which animals are
temporarily or permanently kept is located at least 100 feet from any lot
line; and
3. Animals shall be kept in enclosed pens or corrals of sufficient height and
strength to retain such animals.
502.26-1
ORDINANCE 502 – ZONING ORDINANCE
d) Institutions of a religious eleemosynary or philanthropic nature.
e) Churches, religious or charitable purposes.
f) Public and Private schools, provided that the area and location of any school and
off-street parking shall be subject to the review and approval of the Planning
Commission.
g) Planned Unit Residential Development.
Subd. 4: Interim Uses. The following uses require an Interim Use Permit as regulated in
this ordinance as:
a) Mining, and extraction of minerals and dirt, per this Ordinance.
b) Portable asphalt mixing plants within extractive uses. The interim use permit
issues shall include, but is not limited to, the following conditions: provisions for
adherence to pollution control standards, hours of operation, setbacks, haul roads,
areas where the plant is to be located and slopes. The interim use permit required
for portable asphalt mixing plants is in addition to the interim use permit required
for the operation of the mining/extractive use.
Subd. 5: Permitted Accessory Uses.
a) Operation and storage of vehicles, machinery and equipment which is incidental
to permitted or special uses allowed in this district.
b) Living quarters for person employed on the premises.
c) Home occupations per Section 502.16.
Subd. 6: Lot Area Requirements.
a) Minimum area 10 acres - 435,600 square feet.
b) Minimum lot width 300 feet at the building setback line, except that if a lot or
tract has less area or width than herein provided and was legally platted and was
of record at the time of the passage of this Ordinance, that lot may be used for any
of the uses permitted by this section.
Subd. 7: Setback Requirements.
a) Front yard setbacks of not less than 30 feet from all other public right-of-ways,
unless: i) 30 percent or more of the frontage on the same side of the street
between two intersecting streets is improved with buildings that have observed a
502.26-2
ORDINANCE 502 – ZONING ORDINANCE
greater or less depth of front yard in which instance no buildings shall project
beyond a straight line drawn between the point closest to the street of the
residence upon either side of the proposed structure or, ii) If there be residences
upon only one side, then be on the straight line projected from the front of the two
nearest residences. iii) This regulation shall not be interpreted to require a front
yard of more than 100 feet.
b) Side yard setback shall be 15 feet. Wherever a lot of record existing at the time of
the passage of this Ordinance has a width of 75 feet or less, the side yard on each
side of a building may be reduced to a width of the lot, but in no instance shall it
be less than 5 feet.
c) Rear yard setbacks shall be not less than 40 feet in width from each building.
Subd. 8: Height Requirements.
a) No building hereafter erected or altered shall exceed 3 stories or shall it exceed 40
feet in height, except as hereinafter provided. Berming the building does not allow
a building to be constructed higher than 40 feet. Elevation for the building shall
be determined by the average grade of the land.
b) Public or semi-public or public service buildings, hospitals, institutions or schools
may be erected to a height not exceeding 60 feet, and churches may be erected to
a height not exceeding 75 feet if the building is set back from each yard
requirement at least one foot for each foot of additional building height above the
height limit otherwise provided in the district in which the building is located.
Subd. 9. Site Coverage. No structure or combination of structures shall occupy more
than 30% of the lot area.
Subd. 10: Signs as regulated within this Ordinance.
Subd. 11: Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
502.26-3
ORDINANCE 502 – ZONING ORDINANCE
502.27-1
Section 502.27: RR - RURAL RESIDENTIAL DISTRICT
Subd. 1: Intent. To establish and preserve areas within the City for the continuation of
agricultural operations; to provide for very low density residential development for those persons
desiring a rural life-style, to preserve and protect areas where soil conditions, bedrock
conditions, steep slopes, significant vegetation, wetlands or other unique natural features which
are best suited for open space and limited development, and are necessary to maintain the
character of the area or the community, and which would be irreparably harmed by denser
development, and to allow for use of areas not suitable for urban development, to prevent rapid
urbanization and provide economy in public expenditures, and to govern and implement the long
range urban service plan of the City as identified in the Comprehensive Plan.
Subd. 2: Purpose. The Rural Residential district is included in the zoning provisions to
achieve the following purposes:
a) Minimize land use conflict between agricultural and other land uses.
1. Maintain suitable boundaries for urban, rural residential and agricultural areas.
2. Prevent premature urban development in rural areas which eventually may be
appropriate for urban uses, until the installation of streets, utilities, and until the
demand exists for such development.
b) Manage the impacts of growth and development on the City’s rural character.
1. Discourage incompatible land uses through effective land use controls.
2. Identify appropriate areas for commercial, industrial and non-farm rural
residential developments.
3. Coordinate infrastructure expansion with development; and encourage
development where the infrastructure is adequate to serve that growth.
Subd. 3: Definitions. The following words and terms, in addition to the words and terms
identified in Section 502.04 in this Ordinance, shall have the following meanings, unless the
context clearly indicates otherwise:
a) Agricultural Building: A structure used for the storage and maintenance of
agricultural equipment, or the storage of livestock, feed, crops, or other agricultural
products.
b) Agricultural Operation: Real or personal property used for production of crops
including, but not limited to, fruit and vegetative production, tree farming, livestock,
poultry, dairy products or poultry products, but not a facility primarily engaged in
processing agricultural products. An agricultural operation shall also include certain
farm activities and uses as follows:
ORDINANCE 502 – ZONING ORDINANCE
502.27-2
a. Chemical and fertilizer spraying
b. Farm machinery noise
c. Extended hours of operation
d. Storage and spreading of manure and biosolids under state permit
e. Open storage of machinery
f. Odors produced from normal farm activities
g. On farm marketing of farm products
h. Yard waste and leaf composting site
i. Contaminated soils disposal
c) Animal Feedlot: a lot or building or combination of lots and buildings intended for
the confined feeding, breeding, raising or holding of animals and specifically
designed as a confinement area in which manure may accumulate or where the
concentration of animals is such that a vegetative cover cannot be maintained within
the enclosure. For purposes of this Section, petting zoos, horse stalls, riding arenas,
open lots and mink farms shall be considered to be animal feedlots. Pastures shall not
be considered animal feedlots. Animal feedlots shall include any manure storage
structure.
d) Home Extended Business: An occupation or profession engaged in by the occupant of
a dwelling unit within said unit or accessory structure which involves the storage of a
limited number of vehicles and equipment; repair; service or assembly requiring
equipment other than customarily found in a home; or the storage of stock in trade
incidental to the performance of a service. A home extended business shall be clearly
incidental and secondary to the residential use of the premises, and shall only include
the sale of merchandise incidental to the home extended business.
e) Hobby Farm: An area on which crops are grown and or livestock (excluding fur-
bearing livestock) are raised.
f) Residential Subdivision: A described tract of land which has been divided into single
family residential lots establishing a residential neighborhood. Areas include 1st
Avenue NE at First Street East to CO RD 2, CO RD 2 at First Street East to Jasmine
Lane, Forest Manor Addition, and Sunset Ridge.
Subd. 4: Permitted Uses.
a) Agricultural Operation
b) Single family detached dwelling unit
c) Hobby Farms
d) Roadside stand for the sale of agricultural products produced on the premises
(providing that such stands conform to the requirements of this Title relative to
construction, setback and use).
ORDINANCE 502 – ZONING ORDINANCE
502.27-3
e) Public parks, recreational areas, environmental study areas and game refuges.
f) Forestry, nurseries, green houses and tree farms excluding retail sales.
g) Residential care facilities serving 6 or fewer residents
h) Residences for principal farm operators
Subd. 5: Conditional Uses. The following uses require a Conditional Use Permit as
regulated in this Ordinance.
a) Essential Services, Transmission Services and Utility Substations
b) Animal Feedlot expansions
c) Bed and Breakfast Inns
d) Government administrative and service buildings
e) Home extended businesses
f) Commercial outdoor recreation facilities, including golf courses, club houses,
swimming pools and similar uses.
g) Kennels with over four dogs.
h) Cemeteries
i) Facilities for retail or wholesale trade connected with nursery or tree farms
j) Places of Worship
k) Public and private schools
l) Residential care facilities serving 7-16 residents.
m) Wedding Venue/Event Center
Subd. 6: Interim Uses. The following uses require an Interim Use Permit as regulated in
this ordinance as:
a) Mining, and extraction of minerals, sand, gravel and other granular materials and
the like subject to other applicable sections of this Ordinance.
ORDINANCE 502 – ZONING ORDINANCE
502.27-4
b) Portable asphalt and concrete mixing plants within extractive uses. The interim
use permit issues shall include, but is not limited to, the following conditions:
provisions for adherence to pollution control standards, hours of operation,
setbacks, haul roads, areas where the plant is to be located and slopes. The
interim use permit required for portable asphalt and concrete mixing plants is in
addition to the interim use permit required for the operation of the
mining/extractive use.
Subd. 7: Permitted Accessory Uses.
a) Detached Accessory Buildings on residential properties shall be exempt from
Section 502.12 Subd. 1 of this Ordinance and shall meet the following:
i.. The size of the detached accessory building shall not exceed five (5)
percent of the total lot area in a residential subdivision. Properties that are
less than 27,000 square feet in size shall comply with R-1 district
accessory building size requirements.
ii. The same or similar exterior building material, such as siding, and
shingles shall be used on the accessory building as the principal building
in residential subdivisions.
iii. No detached accessory building nor structure shall be constructed on any
lot prior to the time of construction of the principal building to which it is
accessory.
v. Detached accessory buildings, excluding Agriculture Buildings shall not
exceed twenty (20) feet in height in residential subdivisions.
b) Agricultural Buildings
c) Operation and storage of vehicles, machinery and equipment which is incidental
to permitted or special uses allowed in this district.
c) Home occupations per Section 502.16.
d) Private swimming pools in compliance with Section 502.12 Subd. 4. For an in-
ground pool, an automatic pool cover can be used in lieu of fencing requirements
provided it is certified and complies with ASTM (American Society of Testing
and Materials) F1346-91 standard, or successor standard.
e) Private sports courts i.e. tennis, basketball, etc.
f) Personal amateur radio and television antennas and satellite dish antennas.
g) Dog kennels with four or fewer dogs, must be in the side or rear yard.
ORDINANCE 502 – ZONING ORDINANCE
502.27-5
Subd. 8: Lot Area Requirements.
a) Minimum area 10 acres - 435,600 square feet.
b) Minimum lot width 300 feet at the building setback line.
Subd. 9: Setback Requirements.
a) Front Yard Setback: The front yard setback shall not be less than 30 feet, unless:
i) 30 percent or more of the frontage on the same side of the street between
two intersecting streets is improved with buildings that have observed a
greater or less depth of front yard in which instance no buildings shall
project beyond a straight line drawn between the point closest to the street
of the residence upon either side of the proposed structure or,
ii) If there are residences upon only one side, then it shall be on the straight
line projected from the front of the two nearest residences.
iii) This regulation shall not be interpreted to require a front yard of more than
100 feet.
b) Side Yard Setback: The side yard setback shall not be less than fifteen (15) feet,
except corner lots on which the side yard on the intersecting street shall be not
less than thirty (30) feet.
c) Rear Yard Setback: The rear yard setback shall not be not less than thirty (30)
feet.
d) Detached accessory structures shall not be less than ten (10) feet from the side and
rear lot lines, except corner lots on which the side yard on the intersecting street
shall not be less than twenty (20) feet.
Subd. 10: Height Requirements.
a) Buildings, other than agriculture buildings, shall not exceed forty (40) feet in
height, except as hereinafter provided.
b) Public or semi-public or public service buildings, hospitals, institutions or schools
may be erected to a height not exceeding 60 feet, and churches may be erected to
a height not exceeding 75 feet if the building is set back from each yard
requirement at least one foot for each foot of additional building height above the
height limit otherwise provided in the district in which the building is located.
Subd. 11. Site Coverage. No structure or combination of structures shall occupy more
than 30% of the lot area.
ORDINANCE 502 – ZONING ORDINANCE
502.27-6
Subd. 12: Rural Quality of Life Provisions. The Rural Residential zone applies to
properties annexed to the City of St. Joseph that were governed by the 1997 Orderly Annexation
Agreement. Properties in this area are rural in nature and have not been impacted by urban
development and shall be exempted from certain requirements applicable in other zones that
have been developed to an urban density. The exemptions for the properties annexed to the City
of St. Joseph that were governed by the 1997 Orderly Annexation Agreement expire when the
annexed properties are taxed at the full City tax rates. The exemptions are as follows:
a) Allowed Animals. Property owners whose property is zoned Rural Residential
shall have the following flexibility in relation to the regulations of Ordinance
1004, Licensing and Regulations of Animals:
i. Up to four (4) domestic dogs over three months old shall be allowed per
household.
ii. Farms animals including but not limited cattle, horses, hogs, chickens,
geese, sheep, goats, pigs, ducks and turkeys shall be allowed. Animal
density allowance shall follow the Urban Expansion zoning district in the
Stearns County Land Use and Zoning Ordinance.
iii. Licenses shall not be required for domestic dogs.
iv. Animals shall be allowed to run at large unless this issue becomes a
nuisance generating complaints from neighbors.
b) Hunting/Firearms. Recreational firearm and bow arrow usage will be permitted
without a city permit with the following conditions:
i. Property owners must adhere to all State and Federal laws regarding
hunting and the use and discharge of firearms, and bows and arrows.
c) Burning. Properties zoned Rural Residential shall be exempt from Ordinance
1003, Fire and Burning regulations provided:
i. Any open burning must be approved and permitted by the MN DNR.
d) Wood Burning Stoves: Properties located in the Rural Residential zoning district
may utilize wood burning stoves as a form of alternative heat provided:
a. The wood burning stove meets the minimum setback requirements based
on the manufacturer’s guidelines.
b. Building Permits are secured for the installation
c. All stoves must meet the MPCA Guidelines
ORDINANCE 502 – ZONING ORDINANCE
502.27-7
e) Noise. Rural Residential areas shall be exempt from the Noise Ordinance (1002)
provided that noise as defined in the Noise Ordinance does not become a public
nuisance or an endangerment to others.
f) Fences. Properties shall be exempt from the City Fence Ordinance, except for
those in a residential subdivision.
g) Driveway and Parking Areas. Properties shall be exempt from the City Off Street
Parking Ordinance. Driveway and parking areas shall follow Stearns County
Land Use and Zoning Ordinance.
Subd. 13: Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
ORDINANCE 502 – ZONING ORDINANCE
Section 502.30: R-1 SINGLE FAMILY RESIDENCE DISTRICT
Subd. 1: Intent. It is the intent of this district to provide for the orderly development of
residential areas and to avoid urban sprawl within the City; permit the development of single
family dwellings; to provide reasonable standards for such development; to avoid overcrowding;
and to prohibit the use of land which would be incompatible with or detrimental to the essential
residential character of such districts.
Subd. 2: Permitted Uses.
a) Single family dwellings
b) Parks and playgrounds.
c) Horticulture, not to include the retail sale of products.
d) State licensed residential facility or a housing with services establishment
registered under chapter 144D serving six or fewer persons; licensed day care
facility serving twelve (12) or fewer persons; group family day care facility
licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve fourteen
(14) or fewer children, except those residential facilities whose primary purpose is
to treat juveniles who have violated criminal statutes related to sex offenses or
have been adjudicated delinquent on the basis of conduct in violation of criminal
statutes relating to sex offenses shall not be permitted.
Subd. 3: Conditional Uses. The following uses shall require a Conditional Use Permit
based on the procedures set forth in this Ordinance:
a) Governmental and public utility buildings and structures necessary for the health,
safety and general welfare of the community.
b) Public or semi-public recreational buildings and community centers.
c) Public libraries.
d) Public and private schools.
e) Religious Institutions, including churches, synagogues, chapels and temples
including those related structures located on the same site which are an integral
part of the church proper, convents or homes for persons related to a religious
function on the same site.
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ORDINANCE 502 – ZONING ORDINANCE
f) Nurseries and greenhouses.
g) Bed and breakfast.
h) Uses which in the judgment of the Planning Commission and City Council are
similar to those listed in this zoning district.
Subd. 4. Permitted Accessory Uses.
a) Parking spaces and carports for passenger cars, trucks, recreational vehicles and
equipment.
b) Structures used for storage of domestic equipment and non-commercial recreational
equipment.
c) Swimming pools, tennis courts, detached screen porch or gazebo, provided that
the maximum lot coverage requirement is not exceeded. All swimming pools
must be fenced around the perimeter. The fence must meet the requirements of
this Ordinance.
d) No accessory building nor structure shall be constructed on any lot prior to the
time of construction of the principal building to which it is accessory.
e) Fences.
f) Home occupations.
g) Accessory building(s) and/or private garage(s), either attached or detached, subject to
the general requirements of Section 502.12.
h) A pet shelter or a structure designed and used exclusively for play by children in which
it shall not be considered an accessory building.
i) Signs as regulated within this Ordinance.
Subd. 5: Lot Area Requirements.
a) Minimum Area: 20,000 square feet where municipal sanitary sewer and water
services are not available.
b) Minimum Area where served by municipal sewer and water: 11,000 square feet.
c) Average width of not less than 75 feet and an average depth of not less than 125
feet.
Subd. 6: Setback Requirements.
502.30-2
ORDINANCE 502 – ZONING ORDINANCE
a) Front yard setbacks of not less than 30 feet from the property line, unless:
1. 30 percent or more of the frontage on the same side of the street between
two intersecting streets is improved with buildings that have observed a
greater or less depth of front yard in which instance no new building or
portion thereof shall project beyond a straight line drawn between the
point closest to the street line of the residence upon either side of proposed
structure or,
2. If there are residences upon only one side, then beyond the straight line
projected from the front of the nearest residences.
3. Nothing in this regulation shall be interpreted to require a front yard of
more than 50 feet.
4. Where the street is curved, the line shall follow the curve of the street
rather than to be a straight line.
b) Side yard setbacks shall be ten (10) feet from the property line, except that where
the side yard abuts a public right of way, the side yard setback shall be thirty (30)
feet from the property line.
c) Rear yard setback shall be thirty (30) feet from the property line, except that
decks, patios, open and screened porches part of the principal structure shall be
setback a minimum of twenty (20) feet from the rear yard property line.
d) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 7: Height Requirements.
a) No building shall exceed 35 feet in height. Elevation for the building shall be
determined by the average grade of the land.
Subd. 8: Site Coverage.
a) No structure or combination of structures shall occupy more than 30% of the lot
area.
b) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces
shall include all structures, parking spaces and driveway connecting the parking
space with a street or alley.
Subd. 9: Yard Cover. Every yard on a premise on which a dwelling stands shall, within
3 months of issuance of a certificate of occupancy, be provided with lawn or combined lawn
cover of vegetation, gardens, hedges, shrubbery, and related decorative materials and such yards
502.30-3
ORDINANCE 502 – ZONING ORDINANCE
shall be maintained consistent with prevailing community standards. If a certificate of
occupancy is issued between the months of November and April, the 3 month period shall begin
to run on May 1st.
Subd. 10: Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
502.30-4
ORDINANCE 502 – ZONING ORDINANCE
Section 502.34: R-2 TWO FAMILY RESIDENCE DISTRICT
Subd. 1: Intent. It is the intent of this district to provide for the orderly development of
residential areas and to avoid urban sprawl within the City; permit the development of single and
two family dwellings; to provide reasonable standards for such development; to avoid
overcrowding; and to prohibit the use of land which would be incompatible with or detrimental
to the essential residential character of such districts.
Subd. 2: Permitted Uses.
a) Any principal use or structure permitted and regulated in the R-1 District, except
as hereinafter modified.
b) Two family dwellings
Subd. 3: Conditional Uses. The following uses shall require a Conditional Use Permit
based on the procedures set forth in this Ordinance.
a) Governmental and public utility buildings and structures necessary for the health,
safety, and general welfare of the community.
b) Public or semi-public recreational buildings and community centers.
c) Licensed day-care centers serving 13 or more persons.
d) Licensed residential group care facilities with seven or more boarders.
e) Nursing Homes and Board and Care Homes, provided that adequate parking is
provided and the site is accessible to commercial service areas.
f) Public libraries.
g) Public or private schools.
h) Religious Institutions, including churches, synagogues, chapels and temples,
including those related structures located on the same site which are an integral
part of the church proper, convents or homes for persons related to a religious
function on the same site.
i) Nurseries and greenhouses.
502.34-1
ORDINANCE 502 – ZONING ORDINANCE
j) Bed and breakfast.
k) Uses which in the judgment of the Planning Commission and City Council are
similar to those listed in this zoning district.
l) Manufactured Home Parks, in accordance with this Ordinance.
Subd. 4: Permitted Accessory Uses.
a) Private garages, parking spaces and carports for passenger cars, trucks,
recreational vehicles and equipment.
b) Home Occupations.
c) Houses and similar buildings for storage of domestic equipment and non-
commercial recreational equipment.
d) Swimming pools, tennis courts, and detached screen porch or gazebo, provided
that the maximum lot coverage requirement is not exceeded. All swimming pools
must be fenced around the perimeter. The fence must meet the requirements of
this Ordinance.
e) Fences.
f) Accessory building(s) and/or private garage(s), either attached or detached,
subject to the general requirements of this Ordinance.
g) Signs as regulated in this Ordinance.
Subd. 5: Lot Area Requirements.
a) Minimum area for Two Family Dwelling Unit not served by municipal sewer and
water: 24,000 square feet.
b) Minimum Area for Two Family Dwelling Unit served by municipal sewer and
water: 10,000 square feet.
c) Average width of not less than 75 feet and an average depth of not less than 125
feet.
Subd. 6: Setback Requirements.
a) Front yard setbacks of not less than 30 feet from property line, unless:
1. 30 percent or more of the frontage on the same side of the street between
two intersecting streets is improved with buildings that have observed a
greater or less depth of front yard in which instance no new building or
502.34-2
ORDINANCE 502 – ZONING ORDINANCE
portion thereof shall project beyond a straight line drawn between the
point closest to the street line of the residence upon either side of proposed
structure; or
2. If there are residences upon only one side, then beyond the straight line
projected from the front of the nearest residences.
3. Nothing in this regulation shall be interpreted to require a front yard of
more than 50 feet.
4. Where the street is curved, the line shall follow the curve of the street
rather than to be a straight line.
b) Side yard setbacks shall be ten (10) feet, except that where the side yard abuts a
public right of way, the side yard setback shall be thirty (30) feet from the
property line.
c) Rear yard setback shall be thirty (30) feet from the property line, except that
decks, patios, open and screened porches part of the principal structure shall be
setback a minimum of twenty (20) feet from the rear property line.
d) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 7: Height Requirements. No building shall exceed 2 stories or shall it exceed 35
feet in height. Berming the building does not allow a building to be constructed higher than 35
feet. Elevation for the building shall be determined by the average grade of the land.
Subd. 8: Site Coverage.
a) No structure or combination of structures shall occupy more than 30% of the lot
area.
b) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces
shall include all structures, parking spaces and driveway connecting the parking
space with a street or alley.
Subd. 9: Yard Cover. Every yard on a premise on which a dwelling stands shall, within
3 months of issuance of a certificate of occupancy, be provided with lawn or combined lawn
cover of vegetation, gardens, hedges, shrubbery, and related decorative materials and such yards
shall be maintained consistent with prevailing community standards. Motor vehicles may not be
left parked or unattended on or within a yard. Grass shall be maintained so not to exceed a
height of 6 inches.
Subd. 10. Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
502.34-3
ORDINANCE 502 – ZONING ORDINANCE
Section 502.38: R-3 MULTIPLE FAMILY RESIDENCE DISTRICT
Subd. 1: Intent. R-3, Multiple Family Residence District is intended to provide a district
which will allow higher density or residential development where city sewer services are
available.
Subd. 2: Permitted Uses.
a) Multiple Family dwelling structures
b) Parks and playgrounds.
c) Hospitals, extended care centers, nursing homes, group care centers or assisted
living centers.
d) Churches, libraries, museums or schools.
e) Townhouses.
f) Lodging houses.
g) Licensed in-home daycare serving 16 or fewer persons.
h) Licensed residential facilities/group homes serving 16 or fewer persons.
Subd. 3: Permitted Accessory Uses.
a) Private garages, parking spaces and carports for passenger cars, trucks,
recreational vehicles and equipment. Private garages shall meet the requirements
of the General Performance Standards section within this Ordinance. R-3
developments with three (3) or less units shall abide by the R-4 accessory
building provisions, including but not limited to the maximum lot coverage
requirements.
b) Home occupations.
c) Swimming pools and tennis courts, provided that the maximum lot coverage
requirement is not exceeded. All swimming pools must be fenced around the
perimeter. The fence must meet the requirements of this Ordinance.
d) Residential communal facilities such as laundry, recreation buildings, and
residential leasing office.
502.38-1
ORDINANCE 502 – ZONING ORDINANCE
e) Fences.
f) Signs as regulated in this Ordinance.
Subd. 4: Conditional Uses. The following uses require a conditional use permit as
provided for in this Ordinance.
a) Public buildings, police and fire stations and other public buildings, except those
customarily considered industrial in nature.
b) Cemeteries and memorial gardens.
c) Manufactured Home Parks, in accordance with this Ordinance.
d) Uses which in the judgment of the Planning Commission and City Council are
similar to those listed in Subdivision 2 of this Section.
Subd. 5: Lot Area Requirements.
a) Minimum lot area shall be 12,000 square feet.
b) For the basis of computing the number of permitted units within a multiple
residence, the following shall apply:
1. Efficiency unit for each 2,000 square feet of lot area; and
2. One 1 bedroom unit for each 3,000 square feet of lot area; and
3. One 2 bedroom unit for each 3,500 square feet of lot area; and
4. One 3 bedroom unit for each 4,000 square feet of lot area;
5. For each additional bedroom (over 3) per unit, an additional 500 square
feet of lot area;
6. Lot depths of greater than 150% of the average lot width shall be used in
computing the maximum number of units.
7. On-site manager unit – shall be based on the same square footage
requirements as stated above.
c) Multiple family dwellings shall not occupy more than 35% of the lot including
accessory buildings.
d) Each lot shall have a minimum width of 150 feet at the building setback line.
e) Each lot shall have a minimum width of 80 feet at the public right-of-way.
502.38-2
ORDINANCE 502 – ZONING ORDINANCE
f) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces
shall include all structures, parking spaces and driveway connecting the parking
space with a street or alley.
Subd. 6: Schedule of Allowances. The lot areas per dwelling unit described in Section
502.38, Subd. 5 shall be further subject to the following schedule of allowances, which shall be
added to or subtracted from, the minimum lot area per dwelling unit as prescribed hereby
regulating density requirements as to the location, use and access provided for the property
within the R-3 multiple residence family district.
a) For each parking space provided within the building, or underground, subtract
300 square feet.
b) If the site upon which the multiple dwelling is being constructed, or the zoning
district adjacent to the site is zoned for a commercial use, subtract 300 square feet.
c) If the multiple dwelling site is within 300 feet of an R-1 or R-2 Residence
District, add 300 square feet per unit, for all units constructed on the site.
d) If the total lot coverage is less than 20%, subtract 150 square feet per unit.
e) In such cases where it is necessary to raze an existing principal structure in a
dilapidated condition, or where said building is economically unfeasible to
rehabilitate, there shall be provided an allowance of two dwelling units above any
other allowances required within this section.
f) If the multiple dwelling unit contains major outdoor recreational features or
structures such as swimming pools, improved outdoor common areas with
pathways/parkland or similar facilities requiring a substantial investment equal to
or greater than five (5%) percent of the construction cost of the principal
structure, subtract 75 square feet per unit.
g) If the multiple dwelling unit contains indoor recreation and social rooms equal to
twenty-five (25) square feet per unit or 1,000 square feet, whichever is greater;
subtract 50 square feet per unit.
Subd. 7. Setback Requirements.
a) The front yard of any R-3 residence shall be 35 feet from the lot line.
b) The side yard of any R-3 residence shall be 20 feet from the lot line, unless the
side yard abuts a street or highway in which case the setback shall not be less than
30 feet. In the event the side yard of an R-3 residence abuts another residential
district, all principal structures shall be set back 50 feet from the property line.
502.38-3
ORDINANCE 502 – ZONING ORDINANCE
c) The rear yard of any R-3 residence shall be 40 feet from the lot line. When
abutting a lower density residential use, the rear yard setback shall be a minimum
of fifty (50’) feet from the property line.
d) Detached accessory structures and parking lots with more than 2 stalls shall be
setback a minimum of ten (10) feet from those side and rear property lines
adjacent to uses of a similar density (R-3), commercial and industrial properties.
Detached accessory structures shall be setback a minimum of thirty (30) feet from
those side and rear property lines adjacent to lower density residential uses.
e) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 8: Height Requirements. No structure shall exceed 3 stories or 40 feet in height.
Berming the building does not allow a building to be constructed higher than 40 feet. Elevation
for the building shall be determined by the average grade of the land.
Subd. 9: Exterior Requirements. All exterior wall finishes on any building shall include
at least one material from each of the following groups:
a) Face brick, natural stone, wood textured precast concrete panels, textured
concrete block, stucco.
b) Pre-finished decorative panels made of metal, vinyl, steel or wood.
Subd. 10: Yard Cover. Every yard on a premise on which a dwelling stands shall be
provided with lawn or combined lawn cover of vegetation, gardens, hedges, shrubbery, and
related decorative materials and such yards shall be maintained consistent with prevailing
community standards. Motor vehicles may not be left parked or unattended on or within a yard.
Grass shall be maintained so not to exceed a height of 6 inches.
Subd. 11: PUD. In the event a developer requests a multiple dwelling structure
containing more than twelve (12) units under Subdivision 2(a) of this Section, that developer
shall abide by the requirements set forth in the PUD Ordinance, except that the provision
requiring a minimum of twenty (20) acres will not apply.
a) If land is rezoned as an R3-PUD under this Section, a developer shall have no
longer than one year in which to begin construction of the multiple dwelling
structure. If the project has not begun within one year from the date of rezoning,
the land shall revert back to its prior zoning classification before the request for
the R3-PUD.
502.38-4
ORDINANCE 502 – ZONING ORDINANCE
Section 502.42: R-4: TOWNHOUSE/PATIO HOME RESIDENTIAL DISTRICT
Subd. 1: Intent: It is the intent of the R-4 Townhouse/Patio Home District to
accommodate a variety of single-family housing types, including patio homes and single-family
common wall attached housing units such as townhouses or rowhouses at low to moderate
residential densities. The R-4 District is intended for those areas designated as medium and/or
high density residential areas or residential planned unit developments under the Comprehensive
Plan. The R-4 District shall be developed by Planned Unit Development in accordance with the
provisions of this Ordinance except that the provision requiring a minimum of twenty (20) acres
will not apply. For the purpose of this ordinance, the following definitions will apply:
a) Patio home: A single-family attached or detached unit consisting of one level
living area with open space setbacks on two (2) sides and the ability to have a
bonus room above the garage.
b) Bonus Room: A single room in a house that is created from constructing a garage,
which can be used as a multi-purpose area, such as a family room, sewing or
hobby room, game room, theater room, office, or den. A bonus room is not a
separate dwelling unit or accessory apartment and cannot include kitchen
facilities.
c) Dwelling Unit: A residential accommodation including complete kitchen and
bathroom facilities, which is arranged, designed, used or intended for use
exclusively as living quarters for one family.
d) Rowhouse: One of a series of essentially identical single family residential
structures situated side by side and joined by common walls.
e) Townhouse: A single-family dwelling in a row of at least three (3) such units in
which each unit has its own front and rear access to the outside, no unit is located
over another unit, and each unit is separated from any other unit by one or more
common fire resistant walls.
f) Twin Home: Two dwelling units each located upon separate, abutting lots; each
attached side to side but not having a side yard setback from one lot line; each
sharing only one common, unpierced from ground to roof wall; and separated
from any other building or structure by space on all sides.
Subd. 2: Permitted Uses:
a) Patio homes.
502.42-1
ORDINANCE 502 – ZONING ORDINANCE
b) Townhouses
c) Row Houses
d) Twin Home
Subd. 3: Conditional Uses: The following uses shall require a Conditional Use Permit
based on the procedures set forth in this Ordinance.
a) Governmental and public utility buildings and structures necessary for the health,
safety, and general welfare of the community.
b) Public or semi-public recreational buildings and community centers.
c) Licensed day-care centers serving 13 or more persons
d) Licensed residential group care facilities with seven or more boarders.
e) Nursing Homes and Board and Care Homes, provided that adequate parking is
provided and the site is accessible to commercial service areas.
f) Public Libraries
g) Public or private schools.
h) Religious Institutions, including churches, synagogues, chapels and temples,
including those related structures located on the same site which are an integral
part of church proper, convents or homes for persons related to a religious
function on the same site.
i) Nurseries and greenhouses.
j) Bed and Breakfast
k) Uses which in the judgment of the Planning Commission and City Council are
similar to those listed in this zoning district.
l) Manufactured Home Parks, in accordance with this Ordinance.
Subd. 4: Permitted Accessory Uses.
a) Private garages, parking spaces and carports for passenger cars, trucks,
recreational vehicles and equipment.
b) Home Occupations per Section 502.16.
502.42-2
ORDINANCE 502 – ZONING ORDINANCE
c) Houses and similar buildings for storage of domestic equipment and non-
commercial recreational equipment.
d) Swimming Pools, tennis courts, and detached screen porch or gazebo, provided
that the maximum lot coverage requirement is not exceeded. All swimming pools
must be fenced around the perimeter. The fence must meet the requirements of
this Ordinance.
e) Fences
f) Accessory building (s) and/or private garage (s), either attached or detached, shall
be subject to the general requirements of this Ordinance, except that up to fifteen
(15) percent of the total lot area may be used for accessory buildings for
townhouse, group or row house development.
Subd. 5: Lot Area Requirements.
Land Use Minimum Lot Minimum Lot Minimum Lot
Area Width Depth
a) Detached Patio
Home 6,000 60’ 100’
b) Townhouse, group
or row houses 12,000 75’ 120’
c) Churches, chapels,
temples, synagogues 22,000 100’
d) Public Buildings 40,000 100’
e) Day care facilities
serving 15 or more
persons and
residential facilities 9,000 75’ 120’
serving more than 6
persons
f) Schools 22,000 100’ 120’
g) The minimum lot area per townhouse, group or row house unit shall be four
thousand square feet (4,000 sq. ft.)
h) The net housing density within the district is six (6) units per acre of net buildable
area of the subdivision. Net buildable area shall be the total area less public street
right-of-way, wetlands, drainage ways, water bodies and slopes greater than
twelve (12) percent.
Subd. 6: Setback Requirements.
Land Use Front Yard Interior Side Street Side Rear
setback Yard setback Yard setback Yard
502.42-3
ORDINANCE 502 – ZONING ORDINANCE
setback
a) Patio Home* 30’ 10’ 20’ 20’
b) Townhouse, group
or row houses 30’ 10’ 25’ 20’
c) Churches, chapels,
temples, synagogues 30’ 20’ 30’ 35’
d) Day care facilities
serving 15 or more
persons and 30’ 10’ 25’ 35’
residential facilities
serving more than 6
persons
e) All other uses 50’ 50’ 50’ 50’
f) Accessory Uses Same as Same as Same as
principal principal principal 10’
*Attached patio homes would be relieved from the setback requirements where
attachments occur at the lot line.
Subd. 7: Building Requirements.
a) Building Height shall not exceed two (2) stories or 35 feet as measured from the
average grade.
b) No more than 8 dwelling units shall be constructed within one structure.
c) Each dwelling unit shall have two or more individual, separate entrances.
d) All dwelling units shall have a minimum roof pitch of 4:12 as defined by the
building code.
e) All dwelling units shall have a frost free foundation as defined by the building
code, or an engineered concrete slab with concrete above-grade exterior
foundations walls.
f) The exterior of townhouse and rowhouse dwelling units shall include a variation
in building materials, which are to be distributed throughout the building facades
and coordinated into the architectural design of the structure to create an
architecturally balanced appearance. The permitted materials are: brick, stucco,
stone, steel/vinyl/aluminum, wood, and fiber-cement siding. In addition, a
minimum of 25 percent of the combined area of all building facades of a structure
shall have an exterior finish of brick, stucco and/or natural or artificial stone. For
the purpose of this section, the area of the building façade shall not include the
area devoted to windows, entrance doors, garage doors or roof areas.
502.42-4
ORDINANCE 502 – ZONING ORDINANCE
g) Buildings shall be designed to prevent the appearance of straight, unbroken lines
in their horizontal and vertical surface. There shall be no more than two
contiguous townhouse dwelling units without a break in the horizontal and/or
vertical elevations of at least thirty-two (32) inches.
h) Where more than one (1) principal use building is to be located upon the same
site, the separation between buildings shall not be less than forty (40) feet.
i) All dwelling units shall have a minimum floor area of 676 square feet.
j) Provisions for shelter in the event of severe weather for each dwelling unit shall
be demonstrated either in the form of the construction of a free-standing severe
weather structure, a reinforced concrete safe room within each dwelling unit
and/or basement/crawl space sufficient to house four (4) adults per dwelling unit.
1. The entrance to a development shall be one that abuts a collector or
arterial road.
Subd. 8: Parking Provisions. All driveways and parking areas shall be hard surfaced and
each dwelling unit shall be provided with a minimum of two parking spaces one of which shall
be in an attached garage.
Subd. 9: Site Coverage. On lots developed for townhouse or rowhouse or attached patio
home units, no structure or combination of structures shall occupy more than 50% of the lot area.
On lots developed for detached patio home units, no structure or combination of structures shall
occupy more than 35% of the lot area.
Subd. 10: Signs as regulated within this Ordinance.
Subd. 11: Yard Cover. Every yard on a premise on which a dwelling stands shall, within
3 months of issuance of the certificate of occupancy, be provided with lawn or combined lawn
cover of vegetation, gardens, hedges, shrubbery, and related decorative materials and such yards
shall be maintained consistent with prevailing community standards. Motor vehicles may not be
left parked or unattended on or within a yard. Grass shall be maintained so as not to exceed a
height of 6 inches.
Subd. 12: Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs.
Subd. 13: Common Areas. All common areas within an R-4 development, including but
not limited to, open space, wetlands, greenways, drainage ponds, driveway, parking areas, play
areas, etc., shall be owned and maintained by a condominium, association, cooperative or other
common interest community created pursuant to Minnesota Statute, Chapter 515B and approved
by the City Attorney. The agreement shall provide for all exterior building maintenance,
502.42-5
ORDINANCE 502 – ZONING ORDINANCE
approval of any exterior architectural modifications, landscaping, snow clearing and regular
maintenance of private driveways and other areas owned in common.
502.42-6
ORDINANCE 502 – ZONING ORDINANCE
Section 502.46: R-5: SUPPORTIVE CARE DISTRICT
Subd. 1: Intent. The Supportive Care District is intended to provide continuing housing
from independent to full care and for high quality mixed use development, including medium
and high density residential, such as patio homes, townhomes, and other senior multi-family
housing and limited commercial uses, such offices, retail, and dining.
Subd. 2: Permitted Uses.
a) Patio homes, twin home or two family dwellings for seniors age 55 and older.
b) Townhomes for seniors age 55 and older. Each unit must have a separate entrance
to front and rear yards. Units may be clustered but no more than six (6) units
connected in a cluster.
c) Multiple-family dwelling structures for seniors age 55 or older.
d) Independent Living Facilities.
e) Parks and playgrounds.
f) Hospitals, extended care centers, nursing homes, group care centers or assisted
living centers.
g) Places of worship.
Subd. 3: Permitted Accessory Uses.
a) Any combination of the following uses open to the public provided all accessory
uses combined do not exceed 25% of the aggregate square footage of the principal
structure: book stores, gift shops, banks, insurance offices, bakeries, candy, ice
cream, coffee, and delicatessen shops, restaurants, grocer, convenient and drug
stores, clinics, state licensed day care facility and similar uses.
b) Private garages, parking spaces for passenger cars, trucks, recreational vehicles
and equipment. Developments with three (3) or less units shall abide by the R-1
accessory building provisions, including but not limited to the maximum lot
coverage requirements.
c) Home occupations as provided in this Code.
502.46-1
ORDINANCE 502 – ZONING ORDINANCE
d) Swimming pools and tennis courts, provided that the maximum lot coverage
requirement is not exceeded. All swimming pools must be fenced around the
perimeter. The fence must meet the requirements of this Code.
e) Residential communal facilities such as laundry, recreation buildings, and
residential leasing office.
f) Fences as provided in this Code.
Subd. 4: Lot Area Requirements: Patio Homes, Townhomes and Twin Homes.
Land Use Minimum Lot Minimum Lot Minimum Lot
Area Width Depth
a) Detached Patio Home 6,000 SF 60’ 100’
b) Townhome 12,000 SF 75’ 120’
c) Two Family and
Attached Patio Home 10,000 SF 75’ 125’
d) The minimum lot area per townhouse, group or row house unit shall be four
thousand square feet (4,000 sq. ft.)
e) The net housing density within the district is six (6) units per acre of net buildable
area of the subdivision. Net buildable area shall be the total area less public street
right-of-way, wetlands, drainage ways, water bodies and slopes greater than
twelve (12) percent.
f) Total building coverage shall not occupy more than 35% of the lot. Impervious
surfaces shall not exceed 50% of the lot area. Impervious surfaces shall include
all structures, parking spaces, patios, and driveways.
Subd. 5: Lot Area Requirements: Multiple-Family Structures, (excluding patio homes,
townhomes and twin homes).
a) Minimum lot area shall be 12,000 square feet.
b) For the basis of computing the number of permitted units within a multiple
residence the following shall apply:
c) Efficiency unit for each 2,000 square feet of lot area; and
d) One 1 bedroom unit for each 3,000 square feet of lot area; and
502.46-2
ORDINANCE 502 – ZONING ORDINANCE
e) One 2 bedroom unit for each 3,500 square feet of lot area; and
f) One 3 bedroom unit for each 4,000 square feet of lot area;
g) For each additional bedroom (over 3) per unit, an additional 500 square feet of lot
area.
h) Total building coverage shall not occupy more than 35% of the lot. Impervious
surfaces shall not exceed 50% of the lot area. Impervious surfaces shall include
all structures, parking spaces, patios, and driveways.
i) Each lot shall have a minimum width of 150 feet at the building setback line.
j) Each lot shall have a minimum width of 80 feet at the public right-of-way.
Subd. 6: Setback Requirements. Except for setbacks along the common property for
attached dwellings, all other setbacks shall be met.
Land Use Front Yard Interior Side Street Side Rear
Setback Yard setback Yard setback Yard setback
a) Patio Home 30’ 10’ 20’ 20’
b) Townhouse, group
or row houses 30’ 10’ 25’ 20’
c) Two-Family 30’ 10’ 30’ 20’
d) All other uses 35’ 20’ 30’ 40’
e) In the event that a multi-family structure greater than six (6) units and/or thirty-
five (35) feet high and/or commercial use abuts a lower density residential use, all
principal structures shall be setback 50 feet from the property line and all
detached structures shall be setback 30 feet from the property line.
Subd. 7: Height Requirements.
a) Patio Home, Two-Family Home, Twin Home, Townhome: 35 feet
b) All other uses: 3 stories, 40 feet whichever is less
Subd. 8: Exterior Requirements. All exterior wall finishes on any building shall include
at least one material from each of the following groups:
502.46-3
ORDINANCE 502 – ZONING ORDINANCE
a) Face brick, natural stone, wood textured precast concrete panels, textured
concrete block, or stucco.
b) Pre-finished decorative panels made of metal, vinyl, steel or wood.
Subd. 9: Yard Cover. Every yard on a premise on which a dwelling stands shall be
provided with lawn or combined lawn cover of vegetation, gardens, hedges, shrubbery, and
related decorative materials and such yards shall be maintained consistent with prevailing
community standards. Motor vehicles may not be left parked or unattended on or within a yard.
Grass shall be maintained so not to exceed a height of 6 inches.
Subd. 10: Building Requirements.
a) Provisions for shelter in the event of severe weather for each dwelling unit shall
be demonstrated either in the form of the construction of a free-standing severe
weather structure, a reinforced concrete safe room within each dwelling unit
and/or basement/crawl space sufficient to house four (4) adults per dwelling unit.
b) Each patio home shall have a two-car garage. The garage space shall not be
eliminated by enclosing the garage with a stationary wall.
502.46-4
ORDINANCE 502 – ZONING ORDINANCE
Section 502.50: B-1 CENTRAL BUSINESS DISTRICT
Subd. 1: Intent. The Central Business District has been established to encourage the
continuation of a viable downtown by promoting uses dependent of high volumes of pedestrian
traffic; to provide for regulation of the high intensity commercial uses located within the original
core of the City; and, to encourage parks/greenspace in the downtown. The Central Business
District provides space for concentrated general business and commercial activities at locations
where they are easily accessible to residential areas and, at the same time, minimizing negative
impacts to residential neighborhoods.
Subd. 2: Permitted Uses. The following uses shall be permitted within the Central
Business District:
a) Antique stores.
b) Appliance stores.
c) Apparel shops.
d) Artisan shops.
e) Bakery goods, sales and baking of goods on premises.
f) Barber and beauty salons.
g) Bicycle sales and repairs.
h) Book stores.
i) Boutiques.
j) Business/professional offices.
k) Coffee shops.
l) Delicatessen, fruit, vegetable and meat stores.
m) Farmers market. Notification and the submittal of a plan to the Planning
Commission is required.
n) Financial institutions, including insurance companies.
o) Florist.
502.50-1
ORDINANCE 502 – ZONING ORDINANCE
p) Government buildings.
q) Grocery and drug stores, not more than 10,000 square feet in size.
r) Hardware stores, not more than 10,000 square feet in size.
s) Hobby shops and gift stores.
t) Interior design services, including floor and wall covering stores.
u) Jewelry sales and service.
v) Laundry and dry-cleaning services.
w) Library.
x) Medical, optical and dental clinics.
y) Microbreweries and bars.
z) Musical instrument stores.
aa) Parks and Open Spaces.
bb) Pet shops, excluding kennel services.
cc) Photograph sales and repair.
dd) Record and video stores.
ee) Restaurants, coffee shops, excluding drive-in service.
ff) Sporting goods stores.
gg) Postal facilities
hh) Other use determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Subd. 3: Conditional Uses. The following uses shall require a Conditional Use Permit as
provided for in this Ordinance.
a) Bed and Breakfast.
b) Convenience stores, excluding fueling facilities.
502.50-2
ORDINANCE 502 – ZONING ORDINANCE
c) State licensed day care and nursery school facilities provided that:
1. Adequate off-street parking and loading is provided, and;
2. The facility meets all State licensing requirements pursuant to Minnesota
Statutes 245A.02 and 45A.11.
d) Mixed use of a Permitted Use and a multiple residential dwelling units; but only if
at least 50% of the interior square footage (exclusive of the basement or cellar) is
used full time for a Permitted Use, and said permitted and residential uses are not
conflicting. The area consisting of multiple residential dwelling units must meet
the standards of this Ordinance; and said residential uses occupy only the upper
and/or rear portions of structures. Off-street parking requirements shall be
separately determined for the commercial and residential uses in accordance with
Section 502.10.
e) Hotels, Motels, Lodge.
f) Other uses determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Subd. 4: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the Central Business District.
a) Commercial or business building for a use accessory to the principal use, not to
exceed 50 percent of the size of principal building.
b) Signs as regulated in this Ordinance.
c) Temporary buildings for construction purposes for a period not to exceed
construction.
d) Off-street loading and parking areas.
Subd. 5: Building Location/Setback Requirements. Buildings shall be set close to the
street with parking behind or on the side of the building, except that the setback is twenty (20)
feet from a residential district.
Subd. 6: Height Requirements. Any portion of a structure shall not exceed 3 stories or 40
feet in height. Berming the building does not allow a building to be constructed higher than 40
feet. Elevation for the building shall be determined by the average grade of the land.
Subd. 7: Building Materials. Building facades shall be designed to avoid a monolithic design
and feature divisions in materials, textures and separate entrance treatments. The exterior surface
of all buildings and structures must be constructed of one of, or a combination of, the following
building materials.
502.50-3
ORDINANCE 502 – ZONING ORDINANCE
a) Brick or face brick including textured, burnished and colored block;
b) Specially designed precast concrete units if the surfaces have been integrally
treated with an applied decorative material or texture (excluding raw concrete
block painted or unpainted or ceramic faced);
c) Wood;
d) Natural or cut stone;
e) Glass or any combination thereof;
f) Stucco;
g) Pre-finished architectural metal panels when utilized for accent and/or
architectural components of buildings such as the entry or entry appendage, a
required enclosure or screen or architectural roofing as an intended designed
accent (not to exceed 15% of the exposed wall area on any two visible sides of the
building).
h) Any other materials approved by the City Council after a review and
recommendation by the Planning Commission, including but not limited to
durable decorative synthetic material or concrete composite material found to be
comparable or superior which mimic the appearance of other approved materials.
i) Roof Materials. All roofs which are exposed to a view or are an integral part of a
Building’s aesthetics will be constructed only of commercial grade asphalt
shingles, wood shingles, standing seam metal, slate, tile or copper. The City
Council may consider green roof options that reduce stormwater runoff and
improve water quality.
Subd. 8: Other Requirements.
a) Landscaping Plan. The landscaping, upon any building site or lot, must be carried
out in accordance with a landscaping plan prepared by an experienced landscape
professional which will be reviewed and approved by the City before construction
on a lot. All areas of a lot not occupied by buildings, parking and loading areas,
drives, walkways, or other permitted structures must be landscaped with trees,
shrubs, grass and other planted ground cover approved by City Staff.
b) Landscaping Methods and Material. Landscaping may include seeding, sodding,
raised planters, architectural decorative walls or fencing, trees and shrubs, ground
cover and other landscape materials including rain gardens. Plant material
selection will take into consideration disease and insect resistance, hardiness to
the area, the ability to provide seasonal interest and future maintenance
considerations. Native species are preferred. The following species will not be
allowed: Box Elder, female Ginkgo, Willow and Cottonwoods.
502.50-4
ORDINANCE 502 – ZONING ORDINANCE
c) Waste Handling Screening. All waste and recycling areas must be either stored in
the principal building or stored in a four (4) sided enclosure at a minimum of five
(5) feet in height constructed of brick, stone, decorative concrete material or a
material comparable and compatible with the material of the principal building.
Waste handling areas should be shared between lots and buildings to the extent
possible to minimize their impact and must be located on the rear of sides of
buildings to minimize visibility from roadways. Any changes to trash handling
areas once a building is constructed must comply with this Ordinance and requires
approval by the City.
c) Where a use exists pursuant to a conditional use permit in conjunction with a
permitted use, the required parking shall be computed for the permitted use and
conditional use separately with adequate parking required to satisfy both uses.
d) No outdoor storage shall be allowed.
e) Single tenant retail buildings shall not exceed 10,000 square feet.
Subd. 9: Site Coverage. No structure or combination of structures shall occupy more
than 90 percent of the lot area.
Subd. 10: Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
Subd. 11: Interim Use Permit for Rental Units.
a) Single-family residential dwelling units in areas that have been rezoned to
commercial from residential shall be allowed an interim use permit as a rental unit
for a limited period of time to allow for a transition in use to commercial. When a
majority of the block is a commercial use, no additional interim use permits shall
be granted or extended and single family rental dwellings shall transition to a
permitted use in compliance with this Ordinance. The maximum density for rental
units under the interim use permit shall be limited to the density which is allowed
in the R-1, Single Family Residential District.
b) The interim use as a rental unit shall be obtained through the interim use
procedures set forth in this Ordinance.
c) The maximum term for an interim use permit shall be five years but may be less
as approved by the governing body.
502.50-5
ORDINANCE 502 – ZONING ORDINANCE
Section 502.54: B-2 HIGHWAY 75 BUSINESS DISTRICT
Subd. 1: Intent. The Highway 75 Business District is intended to control the use and
development of land and improvements by creating a mixed land use district near and adjacent to
the County State Aid Highway 75 corridor in the City of St. Joseph. This shall be done by
allowing for a mixture of land uses and by establishing stringent standards for development. This
section shall be administered in a manner which will encourage and promote high-value
development in a manner similar to a planned unit development, taking full advantage of the
City’s highway location. It is also the purpose of the Highway 75 Business District that a
pleasant, attractive, and aesthetically pleasing environment be developed.
Subd. 2: Permitted Uses. The following uses are permitted:
a) Any use permitted in the B-1 District
b) Automobile repair- minor
c) Convenience store
d) Funeral home
e) Gasoline service station
f) Grocery store
g) Hardware store
h) Motel and hotel
i) Movie (not the drive-in type) and Performing Art Theater
j) Places of worship, including churches, synagogues, chapels, and temples.
k) Retail shop and store
l) Veterinary clinic
m) Other use determined by the Planning Commission to be of the same character as
contained in this Subdivision
Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the Highway 75 Business District and subject to all the requirements in this
Section:
502.54-1
ORDINANCE 502 – ZONING ORDINANCE
a) Commercial or business building for a use accessory to the principal use, not to
exceed 30% percent of the size of principal structure.
b) Signs as regulated in this Ordinance.
c) Temporary buildings for construction purposes for a period not to exceed
construction.
d) Off-street loading and parking areas, subject to applicable section(s) of this
Ordinance.
e) Fences, landscaping.
Subd. 4: Conditional Uses. The following uses shall require a Conditional Use Permit as
provided for in this Ordinance:
a) Animal/Pet Boarding, Training, Grooming and Spa provided that the following is
met:
1. The establishment provides services for domestic animals only, meaning
house pets such as dogs and cats.
2. Buildings must be sound controlled to protect other tenants within the
structure and neighboring structures and property.
3. Outdoor animal runs/exercise areas shall be located in the rear yard, be
fully enclosed with a six foot solid fence. Chain link and sheet metal
fencing is prohibited. The run/exercise area shall be maintained in a dust
free, erosion control manner.
4. Outdoor animal runs/exercise areas shall be located no closer than one-
hundred (100) feet to a residential use or district.
5. Dogs shall be supervised at all times while in the animal run/exercise area
and any barking dogs shall be immediately taken into the building.
6. Outdoor animal runs/exercise areas shall only be used between the hours
of 7 am and 9 pm.
7. The use is subject to the noise ordinance.
8. No exterior kennels will be permitted.
9. There shall be no breeding or sales of animals.
Amended 6/2018
502.54-2
ORDINANCE 502 – ZONING ORDINANCE
b) Office warehousing.
c) Lawn and garden temporary sales area.
d) Lumber yards and home improvement retail centers.
e) New or used auto dealerships.
f) Stone masonry building material sales and service.
g) Recreational vehicle sales and services.
h) Transportation terminals, public utility and transfer stations, without storage
yards.
i) Equipment Services.
1. Radio and television shops
2. Appliance repair shops
3. Appliance show rooms
j) Recreational Services.
2. Bowling establishments
3. Clubs and lodges
k) Drive-through and convenience food establishments, provided that an internal site
pedestrian circulation system shall be defined and appropriate provisions made to
protect such areas from encroachments by parked cars or moving vehicles.
l) Commercial car washes (drive through, self-service and mechanical) provided
that stacking space is constructed, subject to approval by the City Engineer, to
accommodate that number of vehicles which can be washed during a maximum
thirty (30) minute period.
m) Uses determined to be of a similar nature as those permitted under Subd. 2, upon
a finding that the uses will not be detrimental to the health, safety and welfare of
the City, and that the use is consistent with the stated intent of the zone as
contained in Subd. 1.
Subd. 5: Conditions Applicable to All Conditional Use Permits. The following
conditions are applicable to all uses under a conditional use permit:
502.54-3
ORDINANCE 502 – ZONING ORDINANCE
a) When abutting a residential use in a residential use district, the property is
adequately screened and landscaped.
b) Parking areas shall be screened from the view of abutting residential districts.
c) Vehicular access points shall be limited, shall create minimal conflict with
through traffic movements, shall comply with all appropriate Chapters of this
Ordinance as may be amended and shall be subject to the approval of the City
Engineer.
d) Provisions are made to control and reduce noise in accordance with MPCA
standards.
e) The entire site other than that taken up by a building, structure or plantings shall
be surfaced so as to control dust subject to the approval of the City Engineer.
f) The entire area shall have a drainage system subject to the approval of the City
Engineer.
g) The architectural appearance and functional plan of the building and site shall not
be so dissimilar to the existing buildings or area so as to cause impairment in
property values or constitute a blighting influence within a reasonable distance of
the lot.
h) All outdoor storage shall be completely screened from view.
Subd. 6: Interim Uses: The following uses shall require an Interim Use Permit as
provided for in this Ordinance:
a) Farmers Market/Outdoor Market – a publicly or privately operated, open-air
establishment where agricultural or new or used projects are sold.
1. A site plan shall be provided illustrating that the location of the
temporary/seasonal market meets all required parking lot setbacks and all
other setbacks. The site plan shall be a scaled and dimensioned site plan
showing the layout of the entire market area including parking spaces for
the use, traffic patterns and stall areas.
2. Any temporary structure placed on the property for such sales must be
removed at the end of the selling season or sale. The size of a temporary
building shall not exceed 120 square feet per vendor.
3. The Interim Use Permit shall be obtained through the interim use
procedures set forth in this Ordinance.
b) Rental Units.
502.54-4
ORDINANCE 502 – ZONING ORDINANCE
1. Single-family residential dwelling units in areas that have been rezoned to
commercial from residential shall be allowed an Interim Use Permit as a
rental unit for a limited period of time to allow for a transition in use to
commercial. When a majority of the block is a commercial use, no
additional interim use permits shall be granted or extended and single
family rental dwellings shall transition to a permitted use in compliance
with this Ordinance. The maximum density for rental units under the
Interim Use Permit shall be limited to the density which is allowed in the
R-1 Single Family Residential District.
2. The Interim Use as a rental shall be obtained through the interim use
procedures set forth in this Ordinance.
3. The maximum term for an interim use permit shall be five years but may
be less as approved by the governing body.
Subd. 7: Setback Requirements.
a) Lot Size. Minimum lot size is 32,670 square feet (.75 Acre) with a minimum
width of 100 feet.
b) Property adjacent to County State Aid Highway 75. Shall have a ten (10) foot
landscaped setback from the highway right-of-way line. Any structure shall have
a twenty (20) foot setback from the highway right-of-way.
c) Front yard. Setback shall be twenty (20) feet from the lot line.
d) Side yard. Setback shall be ten (10) feet from the interior lot line, fifteen (15) feet
from the corner lot line, and 35 feet if abutting a residential lot line.
e) Rear yard. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a
residential district.
f) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 8: Height Requirements.
a) Any portion of a structure shall not exceed 3 stories or 40 feet in height. Berming
the building does not allow a building to be constructed higher than 40 feet.
Elevation for the building shall be determined by the average grade of the land.
Subd. 9: Site Coverage. No structure or combination of structures shall occupy more
than 60 percent of the lot area. Maximum impervious surface coverage of all buildings, parking
areas, sidewalks and all other areas covered with impervious material shall not exceed seventy-
five (75) percent.
502.54-5
ORDINANCE 502 – ZONING ORDINANCE
Subd. 10: Other Requirements.
a) Parking Lots. All parking lots shall conform to the standards set forth in this
Ordinance. All lots shall include parking controls and other landscaping
techniques to improve their aesthetic quality and to direct the flow of traffic.
b) Loading Docks. All loading docks shall conform to the standards set forth in this
Ordinance. No loading docks or overhead doors shall directly face County State
Aid Highway 75.
c) Framing Types: Concrete block or masonry framing systems are preferred. Tilt up
framing, Post and Frame and/or steel construction are allowed as long as any
structure has a contiguous masonry frost-free foundation.
d) Building Exteriors. The following are permitted exterior materials:
1. Pre-finished standing seam architectural metal panels, with a minimum
twenty (20) year manufacturer color-fast warranty utilizing concealed
fasteners.,
2. Brick or face brick,
3. Decorative architectural precast concrete masonry units. Concrete
masonry units shall have indented, hammered, split face finish or other
similar architectural finish and be integrally colored. Light weight
concrete block or cinder block construction is prohibited,
4. Wood,
5. Natural or cut stone such as granite, marble, limestone, slate, river rock
and other durable naturally occurring weather stone,
6. Stucco,
7. Glass curtain walls provided they are designed as non-load bearing
exterior walls supported in a metal framework,
8. Vinyl, aluminum, or steel lap siding,
9. Any other material approved by the City Council, including but not
limited to fiber cement or other composite materials found to be of
comparable or superior durability which mimic the appearance of other
approved materials.
10. Portions of the building shall feature divisions in materials, separate
entrances/entrance treatments, variations in rooflines and/or variations in
502.54-6
ORDINANCE 502 – ZONING ORDINANCE
building setbacks. A minimum of thirty (30) percent of all four sides of the
exterior, exclusive of windows and doors, shall be constructed of one or a
combination of the following materials: brick, face brick, natural stone or
cut stone, or stucco.
e) Accessory Buildings located in the rear yard or behind the principal structure, and
not visible from the public right-of-way must have an exterior harmonious with
the principal structure, all other accessory buildings must meet the 30%
adornment requirement stated above.
f) Roof Materials. Commercial grade asphalt shingles, wood shingles, standing seam
pre-finished architectural metal, slate, tile or copper. Flat roofs are exempt from
this requirement. The City Council may consider green roof options that reduce
stormwater runoff and improve water quality.
g) Screening. All mechanical, heating, ventilation, air conditioning equipment, and
refuse storage areas shall be screened.
h) Lighting. All lighting shall be hooded and no light may directly strike County
State Aid Highway 75 or areas outside of the development.
i) Stops and Curbs. Concrete curb to B-612 specifications shall be used for all
automobile stops and for all drive and parking areas.
j) Landscaping. In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
Amended 12/2019
502.54-7
ORDINANCE 502 – ZONING ORDINANCE
Section 502.58: B-3 GENERAL BUSINESS DISTRICT
Subd. 1: Intent. The General Business District provides space for specialized business
and commercial activities at locations where they are easily accessible to residential areas and, at
the same time, minimizing negative impacts to residential neighborhoods. The intent of the B-3
district is to create attractive commercial and business activities through standards including, but
not limited to, larger lot sizes, greenspace and landscaping requirements.
Subd. 2: Permitted Uses. The following uses shall be permitted within the General
Business District:
a) Any use permitted in the B-2 District.
b) Medical Research Laboratory.
c) Office parks.
d) Other use determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Subd. 3: Conditional Uses. The following uses shall require a Conditional Use Permit as
provided for in this Ordinance.
a) Transportation terminals, public utility and transfer stations, without storage
yards.
b) Equipment Services.
1. Radio and television shops
2. Appliance repair shops
3. Appliance show rooms
c) Recreational Services.
2. Bowling establishments
3. Clubs and lodges
502.58-1
ORDINANCE 502 – ZONING ORDINANCE
d) Drive-through and convenience food establishments, provided that an internal site
pedestrian circulation system shall be defined and appropriate provisions made to
protect such areas from encroachments by parked cars or moving vehicles.
e) Commercial car washes (drive through, self-service and mechanical) provided
that stacking space is constructed, subject to approval by the City Engineer, to
accommodate that number of vehicles which can be washed during a maximum
thirty (30) minute period.
f) Convenience Store with fuel services, provided that:
1. The sale of food items is in compliance with state and county standards
and subject to the approval of a Health Inspector who shall provide
specific written sanitary requirements for each proposed sale location.
2. The approximate area and location devoted to non-automotive
merchandise sales shall be specified in general terms in the application.
3. Motor fuel facilities are installed in accordance with state standards.
4. Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are to
be positioned to allow adequate access by motor fuel transports and
unloading operations minimize conflict with circulation, access and other
activities on the site.
5. Wherever fuel pumps are to be installed, pump islands shall be installed.
6. A protective canopy located over the pump island(s) may be an accessory
structure on the property however adequate visibility both on and off site
shall be maintained.
7. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
g) Uses determined to be of a similar nature as those permitted under Subd. 2, upon
a finding that the uses will not be detrimental to the health, safety and welfare of
the City, and that the use is consistent with the stated intent of the zone as
contained in Subd. 1.
Subd. 4: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the General Business District.
a) Commercial or business buildings for a use accessory to the principal use, not to
exceed thirty percent (30%) of the square footage of the principal structure.
502.58-2
ORDINANCE 502 – ZONING ORDINANCE
b) Temporary buildings for construction purposes for a period not to exceed
construction.
c) Off-street loading and parking areas.
d) Signs which meet the criteria of this Ordinance.
Subd. 5: Lot Size. Minimum lot size is 32,670 square feet (.75 Acre) with a minimum
width of 100 feet.
Subd. 6: Setbacks.
a) Property adjacent to County State Aid Highway 75. Shall have a ten (10) foot
landscaped setback from the highway right-of-way line. All structures shall have
a twenty (20) foot setback from the highway right-of-way.
b) Front yard. Setback shall be twenty (20) feet from the lot line.
c) Side yard. Setback shall be ten (10) feet from the interior lot line, fifteen (15) feet
from the corner lot line, and 35 feet if abutting a residential lot line.
d) Rear yard. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a
residential district.
e) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 7: Height Requirements. No portion of any structure shall exceed 3 stories or 40
feet in height. Berming the building does not allow a building to be constructed higher than 40
feet. Elevation for the building shall be determined by the average grade of the land.
Subd. 8: Site Coverage. No structure or combination of structures shall occupy more
than 60 percent of the lot area.
Subd. 9: Other Requirements.
a) Parking Lots. All parking lots shall conform to the standards set forth in this
Ordinance. All lots shall include parking controls and other landscaping
techniques to improve their aesthetic quality and to direct the flow of traffic.
b) Loading Docks. All loading docks shall conform to the standards set forth in this
Ordinance. No loading docks or overhead doors shall directly face County State
Aid Highway 75.
c) Framing Types: Concrete block or masonry framing systems are preferred. Tilt up
framing, Post and Frame and/or steel construction are allowed as long as any
structure has a contiguous masonry frost-free foundation.
502.58-3
ORDINANCE 502 – ZONING ORDINANCE
d) Building Exteriors. The following are permitted exterior materials:
1. Brick or face brick,
2. Decorative architectural precast concrete masonry units. Concrete
masonry units shall have indented, hammered, split face finish or other
similar architectural finish and be integrally colored. Light weight
concrete block or cinder block construction is prohibited,
3. Wood
4. Natural or cut stone such as granite, marble, limestone, slate, river rock
and other durable naturally occurring weather stone,
5. Stucco
6. Glass curtain walls provided they are designed as non-load bearing
exterior walls supported in a metal framework,
7. Vinyl, aluminum, or steel lap siding,
8. Pre-finished architectural metal panels with concealed fasteners when
utilized for accent and/or architectural components of buildings such as
the entry or entry appendage (not to exceed 15% of the exposed wall area
of the building).
9. Any other material approved by the City Council, including but not
limited to fiber cement or other composite materials found to be of
comparable or superior durability which mimic the appearance of other
approved materials.
10. Portions of the building shall feature divisions in materials, separate
entrances/entrance treatments, variations in rooflines and/or variations in
building setbacks. A minimum of fifty (50) percent of all four sides of the
exterior, exclusive of windows and doors, shall be constructed of one of or
a combination of the following materials: brick, face brick, natural stone
or cut stone, or stucco.
e) Roof Materials. Commercial grade asphalt shingles, wood shingles, standing seam
pre-finished architectural metal, slate, tile or copper. Flat roofs are exempt from
this requirement. The City Council may consider green roof options that reduce
stormwater runoff and improve water quality.
f) Screening. All heating, ventilation and air conditioning equipment, and refuse
storage areas shall be screened and in a suitable location as determined by the
Planning Commission.
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ORDINANCE 502 – ZONING ORDINANCE
g) Lighting. All lighting shall be hooded and no light may directly strike any
streets/highways or areas outside of the development.
h) Stops and Curbs. Concrete curb to B-612 specifications shall be used for all
automobile stops and for all drive and parking areas.
i) Landscaping. In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
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ORDINANCE 502 – ZONING ORDINANCE
Section 502.62: LI-LIGHT INDUSTRIAL DISTRICT
Subd. 1: Intent. The Light Industrial District provides space for industrial activities
involving a minimum degree of refuse byproducts and air or noise pollution, and requiring a
relatively low level of on-premise processing. These activities may include secondary
commercial functions which are conducted on site.
Subd. 2: Permitted Uses. The following use shall be permitted within the LI-Light
Industrial District:
a) Assembly plants and manufacturing enterprises of a wide variety of products that
do not cause noxious odors or noise, including excessive users of water and
sewer. Examples of such uses include: fabrication or assembly of small products
such as opticals, electronics, pharmaceuticals, medical supplies and small
equipment.
b) Publishing establishments.
c) Clothing or apparel manufacturing or assembly.
d) Business incubator facilities.
e) Bottling establishments.
f) Dry cleaning and drying establishments.
g) Manufacturing/assembly of crates, boxes, baskets, furniture, veneer,
cabinets and similar word items.
h) Building materials sales and storage/ lumberyards.
i) Manufacturing of plastic, fiberglass and metal products.
j) Mini-storage.
k) Major automotive repair.
l) Offices/showroom/retail space as a portion of the principal industrial use provided
they do not exceed a combined 25 percent of the total square footage of the
principal use.
m) Appliance assembly and warehousing.
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ORDINANCE 502 – ZONING ORDINANCE
n) Industrial research laboratories.
o) Manufacturing of small electrical parts and service.
p) Newspaper and printing plants.
q) Telecommunication facilities, base stations.
r) Telemarketing and mail order establishments.
s) Warehousing, of non-explosive material and equipment within the structure.
t) Wholesale or distributor storage and distribution of non-hazardous materials.
u) Wholesale water conditioning systems.
v) Breweries, Microbreweries, Distilleries.
w) Gyms/indoor athletic facilities
x) Uses determined to be of a similar nature as those contained in this section upon a
finding that the uses will not be detrimental to the health, safety and welfare of the
City, and that the use is consistent with the stated intent of the zone as contained
in Subd. 1.
Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the Light Industrial District and subject to the all the requirements in this
Section:
a) Restaurant, lunch counters, confectioneries to serve the employees employed
within the District.
b) Residential structures and related residential uses necessary for security and safety
reasons in relation to the principal use.
c) Off-street parking and off-street loading.
d) Outdoor storage as regulated in this Ordinance.
e) Office accessory to the principal use.
f) Signs as regulated in this Ordinance
g) Temporary buildings for construction purposes for a period not to exceed a period
of 12 months.
Subd. 4: Conditional Uses. The following uses shall require a Conditional Use Permit as
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ORDINANCE 502 – ZONING ORDINANCE
provided for in this Ordinance.
a) Adult Entertainment as regulated in this Ordinance.
b) Commercial activities relating to production systems, structural maintenance
programs or the construction industry.
c) Service structures, public or private, designed and used to serve the uses in the
surrounding area, such as electric power substation, telephone buildings, deep
wells, elevated tanks and similar structures and uses.
d) Biotechnology and health science research, development, manufacturing, and/or
production facilities including but not limited to devices, products, components,
and services whether organic or inorganic in nature.
e) Commercial/Industrial Planned Unit Development.
f) When property within a Light Industrial District abuts County State Aid Highway
75:
1. Motels
2. Gasoline service stations
3. Restaurant or supper clubs
4. Drive-in establishments, provided that an internal site pedestrian
circulation system shall be defined and appropriate provisions made to
protect such areas from encroachments by parked cars or moving vehicles.
5. Open sales or temporary rental lots
g) Indoor Firing Range provided that:
1. The firing range shall not be located on any lot adjacent to an existing
Residential, Educational/Ecclesiastical or Public District unless the facility
is separated by a public right-of-way.
2. The firing Range shall not be located within one thousand (1,000) lineal
feet, measured from building to building, of an existing firing range or
establishment licensed to dispense intoxicating or non-intoxicating liquor,
nor shall they be in a building that dispenses liquor.
3. The building and method of operation shall conform with the applicable
Minnesota Pollution Control Agency, Environmental Protection Agency,
and OSHA standards for indoor ventilation, emission into the atmosphere,
indoor sound levels, lead containment and outside noise standards.
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ORDINANCE 502 – ZONING ORDINANCE
4. The design and construction of the firing range shall completely confine
all ammunition rounds within the building and in a controlled manner.
The design and construction of the firing range shall be certified by a
registered engineer in the State of Minnesota. The certified plans shall
include the specifications and construction of the bullet trap (s), ceilings,
exterior and interior walls and floors. The certified plans shall state what
type and caliber of ammunition the range is designed to totally confine.
5. No ammunition shall be used in the range that exceeds the certified design
and construction specifications of the firing range.
6. Firearms shall not be stored on the premises when the range is closed for
Business, unless they are stored in a secured vault.
7. On-site supervision shall be supplied at all times by an adult with
credentials as a range operator. The range operator shall be responsible
for the conduct of their place of business and the conditions of safety and
order in the place of business and on the premises.
8. On site instruction shall be given only by Certified Firearms Instructors.
Current certificates for firearms instructors shall be on display in a
conspicuous location in the premises and available for public inspection at
all times.
9. The transport of firearms on the premises, to the premises and from the
premises shall conform to State Law.
10. Minors shall not be allowed in the range unless accompanied by an adult
at all times. This provision shall not be interpreted to prohibit minors
from participating in a firearm safety class or using the facility provided
they are supervised by an adult instructor.
Subd. 5: Interim Uses. The following shall require an Interim Use Permit as provided for
in this Ordinance.
a) Asphalt or concrete plants/mixing facility provided the processing of mined materials
shall not be conducted closer than five hundred (500) feet to any residential
dwelling/use.
Subd. 6: Lot Area Requirements.
a) Minimum Lot Size: One (1) acre (43,560 square feet). Minimum lot width one
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ORDINANCE 502 – ZONING ORDINANCE
hundred (100) feet.
b) Impervious surfaces shall not exceed 80% of the lot area. Impervious surfaces
shall include all structures, parking areas, driveways, sidewalks and all other areas
covered with impervious material.
Subd. 7: Setback Requirements. No part of the structure including footings, soffits,
gutters or other overhangs shall encroach on easement areas.
Front Yard Setbacks.
a) Front yard setback shall be thirty (30) feet from the lot line. On corner lots, the
setback from all lot lines abutting a street shall be thirty (30) feet. When an
industrial district lot is separated from a residential zone by a city street, the
setback from the lot line shall be one hundred (100) feet.
b) Front yards abutting any roadway: the setback shall be landscaped as in
accordance to the requirements of any applicable protective covenants and such
reasonable requirements as established by the City, and shall not be used for
parking.
Side Yard Setbacks.
a) Side yard setback shall be at least twenty-five (25) feet from the lot line.
Development occurring on lots platted prior to January 1, 1999 shall be subject to
the ten foot side yard setback requirement in effect at the time of platting.
b) A Light Industrial District side yard adjacent to a residential boundary line shall
provide for a landscaped strip of at least sixty (60) feet in width along the lot
boundary line. The landscaped strip shall be planted with an evergreen hedge to
provide a screen. The governing body may require additional side yard setback in
these cases. When such additional width is required, such additional width shall
not exceed one hundred (100) feet.
c) Side yard boarding upon any roadway: the setback shall be landscaped in
accordance with any applicable protective covenants and such reasonable
requirements as established by the City.
Rear Yard Setback.
a) Rear yard setback shall be at least twenty (20) feet, which may be used for
parking.
b) A Light Industrial District rear yard adjacent to a residential boundary shall
provide a landscaped strip of at least sixty (60) feet in width along the lot
boundary line. The landscaped strip shall be planted with an evergreen hedge to
provide a screen. The governing body may require additional side yard setback in
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ORDINANCE 502 – ZONING ORDINANCE
these cases. When such additional width is required, such additional width shall
not exceed one hundred (100) feet.
Subd. 8: Height Requirements.
a) No building constructed in any Light Industrial District shall be more than fifty-
five (55) feet in height. Berming the building does not allow a building to be
constructed higher than 55 feet. Elevation for the building shall be determined by
the average grade of the land.
Subd. 9: Site Coverage. No structure or combination of structures shall occupy more
than 50 percent of the lot area.
Subd. 10: Other Requirements.
a) Parking Lots. All parking lots shall conform to the standards set forth in this
Ordinance. All lots shall include parking controls and other landscaping
techniques to improve their aesthetic quality and to direct the flow of traffic.
b) Loading Docks. All loading docks shall conform to the standards set forth in this
Ordinance. No loading docks or overhead doors shall directly face County State
Aid Highway 75.
c) Building Exteriors. All construction of new facilities, excluding additions that are
less than 30% of the existing structure, shall consist of pre-cast or cast tip up
concrete walls, concrete block (painted or decorative), and stick built construction
and shall include footings that meet the requirement of the MN State Building
Code, in relation to frost protection.
Pre-finished architectural metal panels, with a minimum twenty (20) year
manufacturer color-fast warranty, may be used as a construction material. A
minimum of twenty-five (25%) of the exterior building finish directly facing
streets, exclusive of windows and doors, shall consist of materials comparable to:
face brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum
lapsiding; cut block; and, concrete block (the surface must be treated with an
applied decorative texture or material). Pre-cast or cast in place concrete
buildings shall provide the same amount of adornment.
Accessory Building located in the rear yard or behind the principal structure, and
not visible from the public right-of-way must have an exterior harmonious with
the principal structure, all other accessory buildings must meet the 30%
adornment requirement stated above.
d) Roof Materials. Commercial grade asphalt shingles, wood shingles, standing seam
pre-finished architectural metal, slate, tile or copper. Flat roofs are exempt from
this requirement. The City Council may consider green roof options that reduce
stormwater runoff and improve water quality.
502.62-6
ORDINANCE 502 – ZONING ORDINANCE
e) Every applicant shall be required to submit for approval a landscape plan
providing for the planting of trees and other vegetation.
f) Any use creating periodic earthshaking vibration shall be prohibited if undue
vibrations are perceptible beyond boundaries of the property on which the use is
located. This standard shall not apply to vibrations created during the process of
construction.
g) Any use requiring the storage, utilization or manufacture of products which could
decompose by detonation shall be located not less than 400 feet from any
residence. This section shall not apply to the storage or usage of liquid petroleum,
natural gas for normal residential or business use providing other performance
standards are met.
h) All activities that emit radioactivity shall comply with the minimum requirements
of the Federal regulatory body.
i) All uses associated with bulk storage of oil, gasoline, liquid fertilizer, chemicals,
similar liquids and hazardous substances shall comply with the requirements of
the Minnesota State Fire Marshal, the Minnesota Department of Agriculture and
other hazardous substance legislation by the Federal government. The user of
such material shall have documents from the above offices that the use is in
compliance. All existing above ground liquid storage tanks with a capacity of
2,000 gallons or more, shall comply with the requirements of the Minnesota State
Fire Marshal's office within 12 months following enactment of this Ordinance.
j) Screening. All mechanical, heating, ventilation and air conditioning equipment,
and refuse storage areas shall be screened and in a suitable location.
k) Lighting. All lighting shall be hooded and no light may directly strike any
street/highway or areas outside of the development.
l) Landscaping. In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
m) Spoil/Construction piles. Properties annexed to the City of St. Joseph that were
governed by the 1997 Orderly Annexation Agreement where the main use of the
property is for business related to or reliant upon storage/use of construction
material shall be allowed to continue to store material on site provided the
material is stored in the rear yard.
Amended 9/2018
502.62-7
ORDINANCE 502 – ZONING ORDINANCE
Section 502.66: EE - EDUCATIONAL - ECCLESIASTICAL DISTRICT
Subd. 1: Intent. It is the intent of this district to provide for an area occupied by public
and private educational and ecclesiastical institutions. The institutions of the Sisters of the Order
of Saint Benedict and the College of Saint Benedict predate the adoption of this Ordinance. The
City recognizes the historic significance and cultural, religious and educational function of these
institutions. However, this section is meant to prohibit the use of land by these and other
educational facilities which would be incompatible with or detrimental to the essential character
of land adjoining the Educational - Ecclesiastical District.
Subd. 2: Permitted Uses.
a) Convents
b) Novitiates
c) Colleges and Universities
d) College Preparatory Schools
e) Churches and Similar Uses
f) College Owned Student Housing
g) Grade Schools
h) High Schools
i) Vocational Schools
Subd. 3: Conditional Uses. The following uses shall require a conditional use permit as
provided for in this Ordinance:
a) Streets and alleys which provide a means of ingress and egress to or from the
institution.
Subd. 4: Permitted Accessory Uses. Accessory uses reasonably incidental to the
function and purpose of permitted uses including, but not limited to:
a) An independent power plant facility.
b) Storage buildings for storage of equipment used in the maintenance of the
property, not to exceed 30% of the gross square footage of the principal structure.
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ORDINANCE 502 – ZONING ORDINANCE
c) Swimming pools, tennis courts and other recreational facilities. All swimming
pools must be fenced around the perimeter. The fence must meet the
requirements of this Ordinance.
Subd. 5: Height Requirements. No building constructed in the Educational Ecclesiastical
District shall be more than 3 stories or 40 feet in height. Berming the building does not allow a
building to be constructed higher than 40 feet. Elevation for the building shall be determined by
the average grade of the land.
Subd. 6: Setback Requirements.
a) The front yard of any building shall be 35 feet from the lot line.
b) The side yard of any building shall be 20 feet from the lot line, unless the side
yard abuts a street or highway in which case the setback shall not be less than 30
feet.
c) The rear yard of any building shall be 20 feet from the lot line.
Subd. 7: Site Coverage. No structure or combination of structures shall occupy more
than 50 percent of the lot area. Maximum impervious surface coverage of all buildings, parking
areas, sidewalks and all other areas covered with impervious material shall not exceed seventy-
five (75) percent.
Subd. 8: Other Requirements:
a) Screening: All mechanical, heating, ventilation air conditioning equipment, and
refuse storage areas shall be screened
b) Building Materials: The exterior surface of all buildings, except for accessory
structures and outbuildings shall meet the requirements of the B-1 District.
c) Landscaping: In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
d) Parking:
i. All parking lots shall conform to the standards set forth in this Ordinance.
All lots shall include parking controls and other landscaping techniques to
improve their aesthetic quality and to direct the flow of traffic.
ii. The amount of required off-street parking space for new uses or buildings,
additions thereto and additions to existing buildings shall be determined in
accordance with the parking standards set forth in section 502.10 of the St.
Joseph Code of Ordinances. The parking requirements can be adjusted if
a parking study is completed illustrating the anticipated demand for
parking and loading space, the length of visits generated by the particular
business, and the availability of other parking spaces are provided.
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ORDINANCE 502 – ZONING ORDINANCE
Section 502.70: PUBLIC DISTRICT
Subd. 1: Intent. It is the intent of this district to provide ordinances governing the use
and development of property owned by the City, the County, the State of Minnesota, or any other
political subdivision. This section is intended to allow the use of such property for any public
purpose while minimizing the impact of any such public use which is incompatible with or
detrimental to the essential character of land adjoining the Public District.
Subd. 2: Permitted Uses. The property in the Public District may be used for any public
purpose.
Subd. 3: Setback Requirements.
a) Property adjacent to County State Aid Highway 75. Shall have a ten (10) foot
landscaped setback from the highway right-of-way line. Any structure shall have
a twenty (20) foot setback from the highway right-of-way.
b) Front yard. Setback shall be twenty (20) feet from the lot line.
c) Side yard. Setback shall be ten (10) feet from the lot line. If the property’s side
yard is adjacent to County State Aid Highway 75, the setback shall conform to
Subd. 3 (a) of this Section.
d) Rear yard. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a
residential district.
Subd. 4: Height Requirements. Any portion of a structure shall not exceed 3 stories or
40 feet in height. Berming the building does not allow a building to be constructed higher than
40 feet. Elevation for the building shall be determined by the average grade of the land.
Subd. 5. Site Coverage. No roofed structure or combination of roofed structures shall
occupy more than 60 percent of the lot area. A combination of structures and nonporous
surfaces may not cover in excess of 90 percent of the lot area.
Subd. 6: Other Requirements.
a) Parking Lots. All parking lots shall conform to the standards set forth in this
Ordinance. All lots shall include parking controls and other landscaping
techniques to improve their aesthetic quality and to direct the flow of traffic.
b) Loading Docks. All loading docks shall conform to the standards set forth in this
Ordinance. No loading docks or overhead doors shall directly face County State
Aid Highway 75.
502.70-1
ORDINANCE 502 – ZONING ORDINANCE
Section 502.73: AN ORDINANCE OPTING OUT OF THE REQUIREMENTS OF MINNESOTA
STATUTES, SECTION 462.3593
Section 1. Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9,
the City of St. Joseph opts-out of the requirements of Minn. Stat. §462.3593, which defines and regulates
Temporary Family Health Care Dwellings.
Section 2. This Ordinance shall be effective immediately upon its passage and publication.
502.73-1