HomeMy WebLinkAbout2006 [09] Sep 19
Administrdtor
Judy Weyrens
MdYor
Richdrd Cdrlbom
Councilors
AI Rdssier
Ross Rieke
Renee Symdnietz
Ddle Wick
www.cityofstjoseph.com -
CITY Of ST. JOSE-PH
St. Joseph Planning Commission
September 19, 2006
6:00 PM
1. Call to Order
2. Ordinance Discussion
3. Adjourn
2., College Avenue North. PO Box 668 . Sdint. loseph, Minnesotd .,6-)74
Phone 120_161.7201 FdX 120.161.0142
MEMO
TO:
Planning Commission and Judy Weyrens
FROM:
Tom Jovanovich
RE:
Ordinance Changes Requested by Planning Comrilission at August 31,
2006 Meeting
OUR FILE NO.:
25077
DATE:
September 18, 2006
Attachedto this memorandum are the changes in Ordinances discussed by the Plmming
Commission at the August 31, 2006 meeting. The Ordinances are redlined to highlight the
changes made by the Planning Commission at the August 31, 2006.meeting. If there are no
further changes to these Ordinances, they should be forwarded to the City Council for review and
consideration for approval. The Ordinances changed by the Planning Commission on August 31,
2006 are as follows:
Ahlendment to Ordinance 34: Management. Administration and Pennitting of Activities
in Public Right of Ways
Am6ridiri6rifto Oidirian.ce 51:11: Si01S: The League oflV1innesOhi~Cities haSieviewed
the Sign Ordinance and has discussed the matter with Attomey Matt Moehrle from. our lawfiml.
The LeagUe indicated that it is the best Sign Ordinance they have seen to date. There are some
additional revisions they feel should be induded in the Ordinance to make it more immune from
constitutional challenge. Matt Moehrle is in the process of making these changes. Nevertheless,
I have included the changes the Planning Commission has made at the August 31,2006 meeting.
At the meeting, the Planning Commission noted that Subd. 9, with respect to wall signs, did not
make sense. The Planning Commission indicated that wall signs should not exceed 15 square
feet. Upon review of the section, I believe it should read "such wall signs shall not exceed 15%
of the area of the wall to which the sign is attached, to a maximum of 96 square feet." The
maximum of 15 square feet suggested by the Planning Commission may be too small based on
the intent of the Ordinance.
Ordinance 52.21: . Transportation Corridor Overlay District Site and Design Standards.
The Plamling Commission made no changes, however, we are still waiting for Cynthia Smith-
Strack to provide the street landscaping under Subd. 8(f).
Amendment to Ordinance 52.31: B-2 Highwav 75 Business District. These changes
were originally made for Ordinance 52.32, which is the Highway 75 Business District. Staff
made a mistake in placing the change in the B-2 District. This has been conected and the change
is now in the B-2 Central Business District. The Plamling Commission should review this
carefully to insure that all the percentages are correct.
Amendment to Ordinance 84: General Parking Ordinance
Amendment to Ordinance 108: Junk Car Ordinance
Ordinance 121: Fireamls Use Ordinance
DRAFT CONTAINING THE CHANGES MADE BY THE PLANNING COMMISSION
ON AUG 31, 2006
AMENDMENT TO ORDINANCE 34
MANAGEMENT, ADMINISTRATION AND PERMITTING OF ACTIVITIES IN PUBLIC
RIGHT OF WAYS
The Council of the City ofSt. Joseph hereby ordains:
That the St. Joseph Code Book is amended by the addition of Ordinance 34. Ordinance 34 shall
state as follows:
"Section 34: MANAGEMENT, ADMINISTRATION AND PERMITTING OF
ACTIVITIES IN PUBLIC RIGHT OF WAYS
Section 34.01. FINDINGS. PURPOSE. AND INTENT. To provide for the health, safety
and welfareof its citizens, and to ensure the integrity of its streets and the appropriate use of the
rights-of-way, the City stlives to keep its rights-of-way in a state of good repair and free from
unnecessary encumbrances. J
Accordingly, the City hereby enacts this new chapter of this code relating to right-of-way
pem1its and administration. This chapter imposes reasonable regulation on the placement and
maintenance of facilities and equipment cun-ently within its rights-of-way or to be placed therein
at some future time. It is intended to complement the regulatory roles of state and federal
agencies. Under this chapter, persons excavating and obstructing the rights-of-way will bear
financial responsibility for their work. Finally, this chapter provides for recovery of out-of-
pocket and projected costs from persons using the public rights-of-way.
This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially
codified in Minn. Stat. S237.16, S237.162, S237.163, S237.79, *237.81, and S238.086 (the
"Act") and the other lawsgoveming applicable rights of the City and users ofthe right-of-way.
Jl1iii~I1!lPtvrsl1aUalsQJ?c:: iIlt<::IP:rvt~d cOllsisty!l!""itl1 MiIlI1es()ta Rl.lles7819:QQ50~ 7&19.92:;0
where possible. To the extent any provision of this chapter cannot be interpreted consistently
with the Minnesota Rules, that interpretation most consistent with the Act and other applicable
statlitoryand case law is intended. This chapter shall not be interpreted to limit the regulatory
and police powers of the City to adopt and enforce general ordinances necessmyto protect the
health, safety and welfai'e of the public.
Section 34.02. ELECTION TO MANAGE THE PUBLIC RIGHTS-OF-WAY. Pursuant
to the authority granted to the City under state. and federal statutory, administrative and common
law, the City hereby elects, pursuant Minn. Stat. 237.163 subd. 2(b), to manage rights-of-way
within its jurisdiction.
Section 34~03 DEFINITIONS. The following definitions apply in this chapter of this '
code. References hereafter to "sections" are, unless otherwise specified, references to sections in
this chapter. Defined terms remain defined terms, whether or not capitalized.
"Abandoned Facility" means a facility no longer in service or physically disconnected
from a pOltion of the operating facility, or from any other facility, that is in use or still
canies service. A facility is not abandoned unless declared so by the right-of-way user.
"Applicant" means any p~rson requesting permission to excavate or obstruct a right-of-
way.
"City" means the Cityof St. Joseph, Minnesota. For purposes of section 34.27, "City"
means its elected officials, officers, employees and agents.
"Commission" means the State Public Utilities Commission.
"Congested Right-of-Way" means a crowded condition in the subsurface of the public
right-of-way that occurs when the maximum lateral spacing between existing
underground facilities does not allow for construction of new underground facilities
without using hand digging to expose the existing lateral facilities in conformance with
Minn. Stat. ~216D.04, Subd. , over a continuous length in excess of 500 feet.
"Construction Performance Bond" means any of the following fonns of security provided
at pelmittee's option:
a) Individual project bond;
b) Cash deposit;
c) Security of a fomllisted or approved under Minn. Stat..Sec. 15.73, subd. 3;
d) Letter of Credit, in a form acceptable to the City;
e) A blanket bond for projects within the city, or other foml of construction bond,
fora time specified and in a form acceptable to the City.
"Deg!ll<;hitiol1 " rneal1s a decreaseill the ,useful life ()f t4e right~of- way caused by
excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such
right-of-way earlier than would be required if the excavation or disturbance did not occur.
"Degradation Cost" subject to Minnesota Rules 7819.1100 means the cost to achieve a
level of restoration, as determined by the City at the time the permit is issued, not to
exceed the maximum restoration shown in plates 1 to 13, set forth in Mimlesota Rules
parts 7819.9900 to 7819.9950.
"Degradation Fee" means the estimated fee established at the time of permitting by the
City to recover costs associated with the decrease in the useful life of the light-of-way
'caused by the excavation, and which equals the degradation cost.
"Department" means the department of public works of the City.
2
"Depmiment Inspector" means any person authOlized by the City to carry out inspections
related to the provisions of this chapter.
"Public Works Superintendent" means the superintendent o(the department of public
works of the City, or her or his designee.
"Delay Penalty" is the penalty imposed as a result of unreasonable delays in right-of-way
excavation, obstruction, patching, or restoration as established by permit.
. "Emergency" means a condition that (1) poses a danger to life or health, or of a
significant loss of property;. or (2) requires immediate repair or r~placement of facilities
in order to restore service to a customer.
"Equipment"means any tangible asset used to install, repair, or maintain facilities in any
right-of-way.
"Excavate" means to dig into or in any way remove or physically disturb or penetrate any
. part of a right-of-way.
"Excavation permit" means the pennit which, pursuant to this chapter, must be obtained
before a person may excavate in a right-of-way. An Excavation permit allows the holder
to excavate that pact of the right-of-way described in such permit. Persons who are under
CQntract with the City, or with a developer who has an executed developer agreement
with the City, to construct public improvements thatthe City will take over and own at
the completion of the project, are not required to obtain a pelmit under the terms of this
ordinance unless they are working in the public right-of-way outside of the project
construction limits.
"Excavation permit fee" means money paid to the City by an applicant to cover the costs
as provided in Section 34.11.
Facility" ()r "Facilities" means any tangible asset in the right-of-way required to provide
Utility Service.
"Five-year Capital Improvement Plan" shows projects adopted by the City for
construction within the next five years.
"High Density Corridor" means a designated portion of the public right-of-way within
which telecommunications right-of-way users having multiple and competing facilities
may he required to build and install facilities in a common conduit system or other
common structure.
"Hole" means an excavation in the pavement, with the excavation having a length less
than the width of the pavement.
"Local Representative" means a local person or persons, or designee of such person or
3
persons, authOlized by a registrant to accept service and to make decisions for that
registrant regarding alLmatters within the scope of this chapter.
"Management Costs" means the actual costs the City incurs in managing its rights-of-
way, including such costs, if incurred, as those associated with registering applicants;
issuing, processing, and velifying light-of-way permit applications; inspecting job sites
and restoration projects; maintaining, supporting, protecting, or moving user facilities
duJing fight-of-way work; determining the adequacy offight-of-way restoration;
restoring work inadequately performed after providing notice and the opportunity to .
correct the work~ and revoking right-of-way permits. Management costs do not include
paynient by a telecommunications right-of-way user for the use of the right-of-way, the
fees and cost oflitigation relating to the interpretation of Minnesota Session Laws 1997,
Chapter 123; Minn. Stat. ~237.162 or~237.163; or any ordinance enacted under those
sections, or the City fees and costs related to appeals taken pursuant to Section 34.29 of
this chapter.
"Obstruct" means to place any tangible object in a right-of-way so as to hinder free and
open passage over that or any pali ofthe light-of-way.
"Objection Penuit" means the permit which, pursuant to this chapter, must be obtained
before a person may obstruct a light-of-way, allowing the holder to hinder free and open
passage over the specified portion of that light-of-way, for the duration specified therein.
"Obstruction Permit Fee" means money paid to the City by a pem1ittee to cover the costs
as provided in Section 34.11.
Patch" or "Patching" means a method of pavement replacement that is temporary in
nature. A patch consists of (1) the compaction of the subbase and aggregate base, and (2)
the replacement, in kind, of the existing pavement for a minimum of two feet beyond the
edges of the excavation in all directions. A patch is considered full restoration only when
the pavement is included in the City's five-year Capital Improvement Program.
"Pavement" means any type of improved surface that is within the public right-of-way
and that is paved or otherwise constlUcted with bituminous, concrete, aggregate, or
gravel.
"Permit" has the meaning given "right-of-way permit" in Minn. Stat. ~237.l62.
"Pem1ittee" means any person to whom a permit to excavate or obstruct a right-of-way
has been granted by the City under this chapter.
"Person" means an individual or entity subject to the laws and rules ofthis state, however
organized, whether public or plivate, whether domestic or foreign, whether for profit or
nonprofit, and whether natural, corporate, or political
"Registrant" means anyperson who (1) has or seeks to have its equipment or facilities
4
located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use,
the right-of-way or place its facilities or equipment in the right-of-way.
"Restore" or "Restoration" means the process by which an excavated right-of-way and
surroundIng area, including pavement and foundation, is returned to the same condition
and life expectancy that existed before excavation.
"Restoration Cost" means the amount of money paid to the City by a permittee to achieve
the level of restoration according to plates 1 to 13 of Minnesota Public Utilities
Commission rules.
"Public Right-of-Way" means the area on, below, or above a publicT011dway, highway,
street, cartway, bicycle lane or public sidewalk in which the City has an interest,
including other dedicated rights-of-way for travel purposes and utility easements of the
City. A right-of-way does not include the airwaves above a right-of-way with regard to
cellular or other nonwire telecommunications or broadcast service.
"Right-of-Way Permit" means either the excavation permit or the obstruction pem1it, or
both, depending on the context, required by this chapter.
"Right-of-Way User" means (1) a telecommunications right-of-way user as .defined by
Minn. Stat. (i237.l62, Subd. 4; or (2) a person owning or controlling a facility in the
right-of-way thatis used or intended to be used for providing utility service, and who has
a right under law, franchise, or ordinance to use the public right-of-way.
"Service" or "Utility Service" includes (1) those services provided by a public utility as
defined in Minn. Stat. 2l6B.02, subds. 4 and 6; (2) services of a telecommunications
light-of-way user, including transporting of voice or data information; (3) services of a
cable communications systems as defined in Minn. Stat. Chapter. 238; (4) natural gas or
electric energy or telecommunications services provided by the City; (5) serVices
provided by a cooperative electric association organized under Minn. Stat., Chapter
308A; and (6) water, and sewer, including servicelaterals. steam, cooling or heating
services.
"Service Lateral" means an underground facility that is used to transmit, distribute, or
furnish gas, electlicity, communications, or water from a common source to an end-use
customer. A service lateral is also an underground facility that is used in the removal of
wastewater from a customer's premises.
"Supplementary Application" means an application made to excavate or obstruct more of
the right-of-way than allowed in, or to extend, a pem1it that had already been issued.
"Temporary Surface" means the compaction of subbase and aggregate base and
replacement, in kind, of the existing pavement only to the edges of the excavation. It is
temporary in nature except when the replacement is of pavement scheduled forremoval
and reconstruction within one calendar year.
5
''Trench'' means an excavation in the pavement, with the excavation leaving a leni"rth
equal to or greater than the width of the pavement.
"Telecommunication right-of-way user" means a person owning or controlling a facility
in the right-of-way, or seeking to own or control a Facility in the right-of-way, that is
used or is intended to be used for transpOlting telecommunication or other voice or data
information. For purposes of this chapter, a cable communication system defined and
regulated under Minn. Stat. Chap. 238, and telecommunication activities related to
providing natural gas or e1ectlic energy services whether provided by a public utility as
defined in Minn. Stat. Sec; 216B.02, a municipality, a municipal gas or power agency
organized under Minn. Stat. Chaps. 453 and 453A, or a cooperative electric association
organized under Minn. Stat. Chap. 308A, are not telecommunications right-of-way users
for purposes of this chapter.
"Two Year project Plan" shows projects adopted by the City for construction within the
next two years.
Section 34.04. ADMINISTRATION. The Public Works Superintendent is the principal
City official responsible for the administration of the rights-of-way, right-of-way permits, and
the ordinances related thereto. The superintendent may delegate any or all of the duties
hereunder.
Section 34.05. REGISTRATION AND RIGHT-OF- WAY OCCUPANCY.
Subd. 1. Registration. Each'person who occupies or uses, or seeks to occupy or use, the
right-of-way or place any equipment or facilities in or on the right-of-way, including persons
with installation and maintenance responsibilities by lease, sublease or assignn1ent, must register
with the City. Registration will consist of providing application infom1ation and paying a
registration fee.
Subd. 2. Registration Prior to Work; No person may construct, install, repair, remove,
relocate, or perform any otller work on, or use any facilities or any part thereof, in any right-of-
way without first being registered with the City.
Subd. 3. Exceotions. Nothing herein shall be constl1led to repeal or amend the provisions
of a City ordinance permitting persons to plant or maintain boulevards in the area of the 1i.ght-of-
way between their propelty and the street curb. Persons planting or maintaining boulevards shall
not be deemed to use or occupy the right-of-way, and shall not be required to obtain any pelmits
or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens
under this chapter. However, nothing herein relieves a person from complying with the
provisions of the Minn. Star. Chap. 216D, Gopher One Call Law.
Section 34.06. REGISTRATION INFORMATION.
Subd. 1. Information Required. The infol1nation provided to the City at the time of
6
registration shall include, but not be limited to:
(a) Each registrant's name, Gopher One-Call registration certificate number, address
and e-mail address, if applicable, and telephone and facsimile numbers.
(b) The name, address and e-mail address, if applicable, and telephone and facsimile
numbers ofa local representative. The local representative or designee shall be
available at all times. Cun-ent information regarding how to contact the local
representative in an emergency shall be provided at the time of registration.
( c) A certificate of insurance or self-insurance as defined under Section 57.04, Subd.
3 and as detailed as follows:
1. Verifying that an insurance policy has been issued to the registrant by an
insurance company licensed to do business in the State of Minnesota, or a
Jorm of self-insurance acceptable to the City;
2. Verifying that the registrant is insured against claims for personal injury,
including death, as registrant, its officers, agents, employees and
permittees, and (ii) placement and use of facilities and equipment in the
right-of-way by the registrant, its officers, agents, employees and
pemlittees, including, but not limited to, protection against liability arising
from completed operations, damage of underground facilities, collapse of
property, and explosion (XCD) coverage; NOTE: MIKE DEUTZ
'\-\lELL CHECK ON THE COST OF THE XCV COVERAGE. 111E
PLANNING COMMISSION HAS NOT MADE A ])ECISION AS TO
WHETHER TO INCUJDE XCV COVERAGE UNTIL IT HAS
FURTHER INFORMATION ON THE COST OF THE CO'VERAGE.
3. Naming the City as an additional insured as to whom the coverages
reqllire~herein are in force and applicable and for whom defense will be
provided as to all such coverages;
4. Requiring that the City be notified thirty (30) days in advance of
cancellation of the policy or material modification of a coverage term; and
5. Indicating comprehensive liability coverage, automobile liability
coverage, workers compensation and umbrella coverage established by the
City in the following amounts: $1 million per occurrence and $2 million
in the aggregate.
(d) The City may require a copy of the actual insurance policies.
(e) If the person is a corporation, a copy ofthe certificate is required to be filed under
Minn. Stat. 300.06 as recorded and certified to by the Secretary of State.
7
(1) A copy ofthe person's order granting a certificate of authority from the Minnesoti;l
Public Utilities Commission or other applicable state or federal agency, where the
person is lawfully required to have such certificate from said commission or other
state or federal agency.
Subd. 2. Notice of Changes. The registrant shall keep all of the information listed above
current at all times by providing to the City infol111ation as to changes within fifteen (15) days
following the date on which the registrant has knowledge of any change.
Section 34.07. REPORTING OBLIGATIONS.
Subd. 1. Operations. Each registrant shall, at the time of registration and by March 1 of
each year, file a construction and major maintenance plan for underground facilities with the
City. Such plan shall be submitted using a format designated by the Cand shall contain the
infOlmation determined by the City to be necessary to facilitate the coordination and reduction in
the frequency of excavations and obstructions of rights-of-way.
The plan shall include, but not be limited to, the following information:
(a) The locations and the estimated beginning and ending dates of all projects to be
commenced during the next calendar year (in this section, a "next-year project");
and
(b) To the extent known, the tentative locations and estimated begimiing and ending
dates for all projects contemplated for the five years following the next calendar
year (in this section, a "five-year project").
The telm "project" in this section shall include both next-year projects and five-year projects.
By January 1 of each year, the City will have available for inspection in the City's office a
composite list of all projects of which the city has been informed of the annual plans. All
registrants are responsible for keeping themselves informed of the cun-ent status of this list.
Thereafter, by FebJuary 1, each registrant may change any project in its list of next-year projects,
and must notify the City and all other registrants of all such changes in said list. Notwithstanding
the foregoing, a registrant may at any time join in a next-year proj'ect of another registrant listed
by the other registrant.
Subd. 2. Additional Next-Year Proiects. Notwithstanding the foregoing, the City will not
deny an application for a right-of-way permit for failure to include a project in a plan submitted
to the City if the registrant has used commercially reasonable efforts to anticipate and plan for
the project.
Section 34.08. PERMIT REQUIREMENT.
8
Subd. 1. Permit Required. Except as otherwise provided in this code, no person may
obstruct or excavate any right-of-way without first having obtained the appropriate right~of-way
permit from the City to do so.
a) Excavation Pelmit. An excavation permit is required by a registrant to excavate
that part of the right-of-way described in such permit and to hinder free and open
passage over the specified portion of the right-of-way by placing facilities
desclibed therein, to the extent and for the duration specified therein.
b) Obstruction Permit. An obstruction permit is required by a registrant to hinder
free and open passage overthe specified portion of right-of-way by placing
equipment described therein on the right-of-way, to the extent and for the duration
specified therein. An obstruction pennit is not required if a person already
possesses a valid excavation pennit for the,same project.
Subd. 2. Pem1it Extensions. No person may excavate or obstruct the right-of-way beyond
the date or dates specified in the pelmit unless (i) such person makes a supplementary
. application for another right-of-way pem1it before the expiration of the initial permit, and (it) a
new permit or pennit extension is granted.
Subd. 3. Permit Display. Permits issued underthis chapter shall be conspicuously
displayed or otherwise available at all times at the indicated work site and shall be available for
inspection by the City.
Section 34.09. PERMIT APPLICATIONS. Application for a pelmit is made to the City.
Right-of-way penmt applications shall contain, and will be considered complete only upon
compliance with, the requirements ofthe following provisions:
a) Registration with the City pursuant to this chapter;
b) Submission ofa completed permit application form, including all required
attachments, and scaled drawings sl10wing the location and area of the proposed
project and the location of all known existing and proposed facilities.'
c) Payment of money due the City for:
1. permit fees, estimated restoration costs and other management costs;
2. prior obstructions or excavations;
3. any undisputed loss, damage, or expense suffered by the City because of
applicant's prior excavations or obstructions of the rights-of-way or any
emergency actions taken by the City;
4. franchise fees or other charges, if applicable.
9
d)
Payment of disputed amounts due the City by posting security or depositing in an
escrow account an amount equal to at least 110% of the amount owing.
e)
Posting an additional or larger construction performance bond for additional
faciliti~s when applicant requests an excavation permit to install additional
facilities and the City deems the existing construction pelformance bond
inadequate under applicable standards.
Section 34.10. ISSUANCE OF PERMIT; CONDITIONS.
Subd. 1. Pelmit Issuance. Ifthe applicant has satisfied the requirements- Of this chapter,
. the City shall issue a permit.
Subd. 2. Conditions. The City may impose reasonable conditions upon the issuance of the
permit and the performance of the applicant thereunder to protect the health, safety and welfare
or when necessary to protect the right-of-way and its current use.
Section 34.11. PERMIT FEES.
Subd. 1. Excavation Pelmit Fee. The City shall establish an Excavation pem1it fee in an
amount sufficient to recover the rollowing costs:
a) the City management costs;
. b) degradation costs, if applicable.
Subd. 2. Obstruction Permit Fee. The City shall establish the obstruction permit fee and
shall be in an amount sufficient to .recover the City management costs.
Subd. 3. Pavment of Permit Fees. No excavation permit or obstruction permit shaH be
issued without payment of excavation or obstruction permit fees. The City may allow applicant
to pay such fees within thirty (30) days of billing.
Subd. 4. Non Refundable. Pelmit fees that were paid for a pem1it that the City has
revoked fora breach as stated in Section 34.21 are not refundable.
Subd. 5. Application to Franchises.Unless other-wise agreed to in a franchise,
management costs may be charged separately from and in addition to the franchise fees imposed
on a right-of-way user in the franchise.
Section 34.12. RIGHT-Of-WAY PATCHING AND RESTORATION.
S ubd. 1. Timing. The work to be done under the excavation penn it, and the patching and
restoration of the right-of-way as required herein, must be completed within the dates specified
10
in the permit, increased by as many days as work could not be done because of circumstances
beyond the control' of the pemlittee or when work was prohibited as unseasonal or unreaasonable
under Section 34.'15.
Subd. 2. Patch and Restoration. Pennittee shall patch its own work. The City may choose
either to have the permittee restore the right-of-way or to restore the right-of-way itself.
a) City Restoration. If the City restores the right-of-way, permittee shall pay the
costs thereof within thirty (30) days ofb,illing. If, following such restoration, the
pavement settles due to pemuttee's improper backfillillg, the pennittee shall pay
to the City, within thirty (30) days of billing, all costs associated with correcting
the defective work.
b) . Permittee Restoration. If the pemlittee restores the right-of-way itself, 1t shall at
_ the time of application for an excavation perm.itpost a construction performance
bond in accordance with the provisions of Minnesota Rule 7819.3000.
c) Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a
fight-of-way user may elect to pay a degradation fee. However, the right-of-way
user shall remain responsible for patching and the degradation fee shall not
include the cost to accomplish these responsibilities.
Subd. 3. Standards. The permittee shall perfonn excavation, backfilling, patching and
. restoration according to the standards and with the materials specified by the City and shall
comply with Minnesota Rule 7819.1100.
Subd.4. Duty to CorTect Defects. The permittee shall con'ect defects in patching or
restoration performed by permittee or its agents. The permittee upon notification from the City,
shall'correct all restoration work to the extent necessary, using the method required by the City.
Said work shall be completed within five (5) calendar days ofthe receipt of the notice from the
City, not including days dUling which work cannot be done because of circumstances
constituting force majeure or days when work is prohibited as unseasonable or unreasonable
under Section 34.15.
Subd. 5. Failure to Restore. If the permittee fails to restore the right-of-way in.the mamler
and to the condition required by the City, or fails to satisfactorily and timely complete all
restoration required by the City, the City at its option may do such work. In that event the
pemlittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right-
of-way. If permittee fails to pay as required, the City may exercise its rights under the
construction performance bond.
I v. .. .. .. Sec!ion34.1~~ ?UPPLEMENTARYAPPLI<::;ATIONS.
Subd. 1. Limitation on Area. A right-of-way permit is valid only for the area of the right-
of-way specified in the permit. No permittee may do any work outside the area specified in the
permit, except as provided herein. Any permittee which determines that an area greater than that
11
r
! Deleted: '\I
.'! Sectian 34.13. JOINT
.! APPLlCATIONS.'II
'!'11
j Subd. I: Joint AJmlication. Registrants
! may jointly apply for penn its to excavate
! or obstruct the right~of-way at the same
! place andtime.'l
!~
! Subd. 2. Shared Fees. Registrauts who
! apply for penn its far the sameabstructian
! or excavation, ~hich the City does not
i perfonn, may share in the payment "fthe
! obstruction ot excavation penni1 fee. In
! order to obtain a joint penn it. registrants
! must ab'Tee among themselves as to the
! portion each will pay and indicate the
1 same on their applications.'1 I
;,~ '
! ' Subd: 3: W itll City Proiects. Registrants II
! who .lorn m a scheduled obstruction or
I excavation perfonned by the City,
i wheth.e"r or not it is a, joint <lPPlic,at"iOJl by .\
~ two or more reg.istrants or a single
~ application, arc not required to pay the
~ excavation or obstruction and def:.,'Tadation
! portions of the pennitfee. but a penuit I
.. I wauld still be requird.'1 . J'
. i,1
.>>..___.. ................m.. ...__.... ....__.
~ted:4 J
specified in the permit must be obstructed or excavated must before working in that greater area
(i) make application for a permit extension and pay any additional fees required thereby, and (ii)
be granted a new permit or permit extension.
Subd. 2. Limitation on Dates. A right-of-way permit is valid only for the dates specified
in the permit. No permittee may begin its work before the permit stmi date or, except as provided
herein, continue working after the end date. If a pem1ittee does not finish the work by the permit
end date, it must apply for a new permit for the additional time it needs, and receive the new
permit or an extension of the old permit before working after the end date of the previous pem1it.
This supplementmy application must be submitted before the permit end date.
I
Section 34.11,. OTHER OBLIGATIONS.
Subd. 1. Compliance With Other Laws. Obtaining a right-of-way pem1it does not relieve
pem1ittee of its duty to obtain al1 other necessary permits, licenses, and authority and to pay all
fees required by the City or other applicable rule, law or regulation. A pennittee shall comply
with all requirements oflocal, state and federal laws, induding but limited to Minn. Stat.
S216D.01-.09 (Gopher One Call Excavation Notice System) and Mim1esota Rules Chapter 7560.
A permittee shall perform all work in confom1ance with all applicable codes and established
rules and regulations, and is responsible for all work done in the right-of-way pursuant to its
permit, regardless of who does the work.
Subd. 2. Prohibited Work. Except in an emergency, and with the approval of the City, no
.right-of-way obstruction or excavation may be done when seasonally prohibited or when
conditions are unreasonable for such work.
Subd. 3. Interference with Right-of-Wav. A permittee shall not so obstruct a right-of-way
that the natural free and clear passage of w,ater through the gutters or other watervvays shall be
interfered with. Private vehicles of those doing work in the right-of-way may not be parked
within or next to a permit area, unless parked in conformance with City parking regulations. The
loading or unloading of tracks must be done solely within the defined pemnt area unless
specifically authOlized by the pennit.
~ubd.4. TrenchJess Excavation. As a condition of all applicable permitS, permittees
employing trenchless excavation methods, including but not limited to HOlizontal Directional
Dlil1ing, shall follow all requirements set forth in Minnesota Statutes, Chapter 216D and
Minnesota Rules Chapter 7560 and shall require potholing or open cutting over existing
underground utilities before excavating, as determined by the supelintendent.
Section 34 .l~ ])F:N~1: 9F PE.Rlv1IT: ... ThiO:Cjty 111ay depy' a piO:rm!t ~()rfa!lure to me~t ..
the requirements and conditions of this chapter or ifthe City determines that the denial is
necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way
and its current use.
Section 34.1.~ INSTALLKrION REQUIREMENTS. Tpe excaya!ion? backfil1ing,
patching and restoration, and all other work peIformed in the right-of-way shall be done in
12
.( Deleted: 5
.(D-;i~t;d:-6--_..-_..._..-.-.---------::-1
r.-.-....--.-...----.......-...-.-.------.-..,
l Deleted: 7 ~
confom1ance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local
requirements, in so far as they are not inconsistent with the Minn. Stat. S237.162 and S237.1 63.
Installation of service laterals shall be pelformed in accordance with Minnesota Rules Chapter
7560 and these ordinances. Service lateral installationis further subjectto those requirements
and conditions set fOlth by the City in the applicable pem1its and/or agreements referenced in
Sectiorl 34:22, Subd. 2 ofthis ordinance.
Section 34.11,. INSPECTION.
Subd. 1: Notice of Completion. When the work under any permit hereunder is completed,
the permittee shall furnish a completion certificate in accordance Minnesota Rule 7819.1300.
Subd. 2. Site Inspection. Permittee shall make the work~site available to the City and to
all others as authorized by law for inspection at all reasonable times during the execution of and
upon completion of the work.
Subd 3. Authoritv of Superintendent.
. .a) At the time of inspection, the Supelintendent may order the immediate cessation
of any work which poses a seIious threat to the life, health, safety or well-being of
the public.
b) The Superintendent may isslle an order to the pelmittee for any work that does not
confoml to the terms of the permit or other applicable standards, conditions, or
codes. The order shall state that failure to correct the violation will be cause for
revocation of the pelmit. Within ten (10) days after issuance of the order, the
.pem1ittee shall present proof to the director that the violation has been corrected.
If such proof has not been presented within the required time, the director may
revoke the permit pursuant to Sec. 1.22.
Section 34.1& 'NaRK D()NEWITHOUTA PERMIT.
Subd. LEmergencv Situations. Each registrant shall immediately notify the director of
any event regarding its facilities that it considers to be an emergency. The registrant may ,proceed
to take whatever actions are necessary to respond to the emergency. Excavators' notification to
Gooher State One Call regarding an emergencv situation does not fulfill this requirement.
Within two (2) business days after the occurrence of the emergency, the registrant shall apply for
the necessary permits, pay the fees associated therewith, and fulfill the rest of the requirements
necessary to bring itself into compliance with this chapter for the actions it took in response to
the emergency.
If the City becomes aware of an emergency regarding a registrant's facilities, the City will
attempt to contact the local representative of each registrant affected, or potentially affected, by
the emergency. In any event, the City may take whatever action it deems necessary to respond to
the emergency, the cost of which shaH be bome by the registrant whose facilities occasioned the
emergency.
13
")
,
.1 Deleted: 8
'-
l Deleted: 9
Subd. 2. Non-Emer?encv Situations. Except in an emergency, any person who, without
first having obtained the necessary permit, obstructs or excavates a right-of-way must
subsequently obtain a permit al).d, as a penalty, pay double the normal fee for said pemlit, pay
double all the oilier fees required by the City code, deposit with the City the fees ~ecessary to
correct any damage to t4e right~of-way, and comply with all of the requirements ofthis chapter.
Section 34')2~ SUPPLEMENTMYN()TIFIGA IION. If the obstru<::tion'or excava~ion,
of the right -of- way begins later or ends sooner than the date given on the pennit, pemilttee shall
notify the City ofthe accurate information as soon as this information in known.
Section 34.2Q,. REVOCATIONOFPERMITS.
Subd. 1. Substantial Breach. The City reserves its right, as provided herein, to revoke any
right-of-way pennit without afee refund, ifthere is a substantial breach of the terms and
conditions of any statute, ordinance, role or regulation, or any material condition of the permit. A
substantial breach by permittee shall include, but shall not be limited to the following:
a) The violation of any material provision of the right-of-way pemlit;
b) An evasion or attempt to evade any material provision of the right-of-way permit,
or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its
citizens;
c) Any matelial misrepresentation of fact in the application for the right-of-way
pemlit;
d) The failure to complete the work in a timely manner, unless a pemlit extension is
obtained or unless the failure to complete work is due to reasons beyond the
permittee's control; or
e) The failure to conect, in a timely manner, work that does not confoml to a
condition indicated on an order issued pursuant to Sec. 1.19.
. Subd. 2. Wlitten Notice of Breach. Uthe City determines that the permittee has
committed a substantial breach of a term or condition of any stature, ordinance, rule, regulation
or any condition ofthe permit, the City shall make a wlitten demand upon the permittee to
remedy such violation. The demand shall state that continued violations may be cause for
revocation of the permit. A substantial breach, as stated above, will allow the City, at its
discretion, to place additional or revised conditions on the permit to mitigate and remedy the
breach.
Subd. 3. Response to Notice of Breach. Within twenty-four (24) hours of receiving
notification of the breach, pelmittee shall provide the City with a plan, acceptable to the City,
that will cure the breach. Pemlittee's failure to so contact the City, or pelmittee's failure to timely
submit an acceptable plan, or permittee's failure to reasonably implement the approved plan,
14
l Deleted: 20
-(Deleted: I
shall be cause for immediate revocation of the penuit. Further, permittee's'failure to so contact
the City, or permittee's failure to submit an acceptable plan, or permittee's failure to reasonably
implement the approved plan, shalJ automaticalJy place the pennittee on probation for one (1)
full year.
Subd. 4. Cause for Probation. From time to time, the City may establish a list of
conditions or the pelwit, which if breached will automatically place the pennittee on probation
for one fall year, such as, but not limited to, working out of the allotted time period or working
onlight-or-way groBsly outsIde of the permit authorization.
Subd. 5. Automatic Revocation. If a permittee, while on probation, commits a breach as
outlined above, permittee's permit will automaticall y be revoked and pemlittee will not be
allowed fUlther pemlits for one fall year, except for emergency repairs.
Subd. 6. R:eirhbursement of Citv Costs. I~ a pemlit is revoked, the permittee shalJ also
reimburse the City for the City's reasonable costs, including restoration costs and the costs of
collection and reasonable attomeys' fees incurred in connection with such revocation.
Section 34.2.l,.1'vfAPPINGDAT A.,
Subd. 1. Infonllation Required. Each registrant and permittee shall provide mapping
information required by the City in accordance with Minnesota Rules 7819.4000 and
7819.410(3. Within ninety (90) days following completion of any work pursuant to a pemlit, the
permittee shall provide the director accurate maps and drawings certifying the "as-built" location
of an equipment installed, owed and maintained by the permittee. Such maps and drawings shall
include the horizontal and vertical location of all facilities and equipment and shall be provided
consistent with. the City's electronic mapping system, when practical or as a condition imposed
bv the director. Failure to provide maps and drawings pursuant to this subsectionshall be
grounds for revoking the permit holder's registration.
Subd. 2. Service Laterals. All permits issued for the installation or repair of service
laterals, other than minor repairs as defined in Minnesota Rules 7560..0150 subpart 2, shall
require the pelwittee's use of appropriate means of establishing the horizontal locations of
instaIJed service laterals, and the service lateral vertical locations in those cases where the
director reasonably requires it. Permittees or their subcontractors shall submit to the director
evidence satisfactory to the director of the installed lateral locations. The director shall
reasonably detennine the appropriate method of providing such information to the City. Failure
to provide prompt and accurate information on the service laterals installed may result in the
revocation of the pelmit issued for the work or for future pernlits to the offending permittee or its
subcontractors. .
Section 34.2';;y LOCATION. AND RELO~ATION OF FACILITIES.
Subd. 1. Placement. Location. and Relocation. Placement, location, and relocation of
facilities must comply with the Act, with other applicable law, and with Minnesota Rules
7819.3100, 7819.5000 and 7819.5100, to the extent the mles do not limit authority otherwise
15
. ,.rD~t;;t~d;-2'.m._____----'------)
,rD;j~ted;3--'--'-'---'---"--"--"--l
available to cities.
Subd. 2. Con-idors. The City may assign a specific area within the right-of-way, or any
palticular segment thereof as may be necessary, for each type of facilities that is or, pursuant to
current technology, the City expects wiII someday be located within the right-of-way. All
excavation, obstruction, or other permits issued by the City involving the installation or
replacement offacilities shall designate the proper conidor for the facilities at issue.
Any registrant who has facilities in the right-of-way in a position at variance with the conidors
established by the City shall, no later than at the time of the next reconstruction or excavation of
the area where the facilities are located, move the facilities to the assigned position within the
right-of-way, unless this requirement is waived by the City. for good cause shown, upon
consideration of such factors as the remaining economic life of the facilities, public safety,
customer service needs and hardship to the registrant. .
Subd. 3. Nuisance. One year after the passage of this chapter, any facilities found in a
right-of-way that have not been registered shall be deemed to be a nuisance. The City may
exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the
nuisance or taking possession of the facilities and restoring the light-of-way to a useable
condition.
Subd. 4. Limitation of Space. To protect health, safety, and welfare, or when necessary to
protect the right-of-way and its current use, the City shall have the power to prohibit or limit the
placement of new or additional facilities within the right-of-way, In making such decisions, the
City shall strive to the extent possible to accommodate all existing and potential users of the
light-of-way, but shall be guided primarily by considerations of the public interest, the public's
needs for the particular utility service, the condition ofthe right-of-way, the time of year with
respect to essential utilities, the protection of existing facilities in the light-of-way, and future
City plans for public improvements and development projects which have been determined to be
in the public interest.
Section 34.2.~( PRE-:EXCA VAPON: fACIPYIE.S L()c::AYI()N:lJ:1.a~qitio!l_t()
complying with the requirements of Minn. Stat. 216D.Ol-.09 ("One Call Excavation Notice
System") before the start date of any right-of-way excavation, each registrant who has facilities
or equipment in the area to be excavated shall mark the horizontal and vertical placement of all
said facilities. Any registrant whose facilities are less than twenty (20) inches below a concrete
or asphalt surface shall notify and work closely with the excavation contractor to establish the
exact location of its facilities and the best procedure for excavation.
Section 34.2~ DAMAGE. TO OTEIJ::RF Ac::ll.JTIES: \Vh~nth~ C:;itydo.es\V()l:k in tl!~ ...
right-of-way and finds it necessary to maintain, support, or move a registrant's facilities to
protect it, the City shall notify the local representative as early as is reasonably possible. The'
costs associated therewith will be billed to that registrant and mllst be paid within thirty (30) days
from the date of billing. Each registrant shall be responsible for the cost of repailing any
facilities in the right~of-way which it or its facilities .damage. Each registrant shall be responsible
for the cost of repairing any damage to the facilities of another registrant caused dUling the City's
16
. .rD~I~"ted';4.__._m__"___'-"------J
rD;i;t~d';5---'-"~-'--"M"-"-~"'-""'----'--'-'~'1
response to an emergency occasioned by that registrant's facilities.
Section 34.2.~, RIGHT-OF-'vVA"yYACATIO"N"'
Subd. 1. Reservation of RighL If the City vacates a right-of-way that contains the
facilities of a registrant, the registrant's rights in the vacated light-of-way are governed by
Minnesota Rules 7819.3200.
Section 34.2~ If':-TDEMNIFICA TIONAJ'IT) LIABILIT':{~ Byregisteringwith the City, or
by accepting apennit under this chapter, a registrant or pennittee agrees to defend and indemnify
the City in accordance with the provisions of Minnesota Rule 7819.1250.
Section 34.21 ABANDONEp A:Np YNUSABLE: fACILITIES.
Subd. 1. Discontinued Operations. A registrant who has determined to discontinue all or a
portion of its operations in the City must provide information satisfactory to the City that the
registrant's obligations for its facilities in the light-of~way under this chapter have been lawfully
assumed by another registrant.
Subd. 2. Removal. Any registrant who has abandoned facilities in any right-of-way shall
remove it from that right-of-way if required in conjunctionwith other right-of-way repair,
excavation, or construction, unless this requirement is waived by the City.
Section 34.23" APPEAL. Arigl1t-()f-\;Vay ll~c:r. that: (I) has been ~el1ieslregistratipn;(2)
has been denied a permit; (3) has had a permit revoked; (4) believes that the fees imposed are not
in conformity with Minn. Stat. ~ 237.163, Subd. 6: or (5) disputes a determination of the director
regarding Section 34.22. Subd. 2 or this ordinance may have the denial, revocation, fee
imposition, or decision reviewed, upon written request, by the City Council. The City Council
shall act on a timely written request at its next regularly scheduled meeting, provided the right-
of-way user has submitted its appeal with sufficient time to include the appeal as a regular
agenda item. A decision by the City Council affirming the denial, revocation, or fee imposition
will be in writing and supported by written findings establishing the reasonableness of the
decision.
Section 34 .~~ ?.EVERAB J1.,IT':{ ~ If ~nYP~I!ioll of tl1i~chapt~r is ,for any reason ]lel ~ .' _ .
invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the remaining
portions thereof. Nothing in this chapter precludes the City from requiring a franchise agreement
with tbe applicant, as allowed by law, in addition to requirements set forth herein."
This amendment is adopted the
be effective upon publication.
day of
, 2006, and shall
CITY OF ST. JOSEPH
17
-C?:.~~~~~~~:=::=~:~~.:=~~-=:=]
-l Deleted: 7
i Deleted: 8
'-
{'D~i;t~d';'9:"''''--"'----'''--'''''-'''---'J
-~~e~:.~.._...._......____:____..J
This amendment was published on
L:\CITY\STJOE\2006
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
,2006.
18
DRAFT CONTAINING THE CHANGES MADE BY THE PLANNING COMMISSION
ON AUG 31,2006
AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE
REGARDING REGULATIONS OF SIGNS.
The Council of the City of St. Joseph hereby ordains:
That Ordinance 52.11 is revoked in its entirety and the following language is enacted in its place:
"Section 52.11: SIGNS
Subd. 1: Findings. 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 vaIiety
of messages.
c) Signs can create traffic hazards, aesthetic concerns and detriments to property
values, thereby threatening the public health, safety and welfare.
d) The city's zoning regulations include the regulation of signs in an effort to
provide ad.equate 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.2: Pumose and Intent. It is not the purpose or intent ofthis sign ordinance to
regulate the message displayed on any sign; nor is it the purpose or intent of this ordinance to
regulate any building design or any display not defined as a sign, or any sign which cannot be
viewed from outside a building. 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 ofland, 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 ancllor
portable signs.
c) hnprove 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. 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 thecol11munication
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, inespective of the fact that anyone or more sections, subsections, sentences,
clauses, or phrases be declared invalid.
Subd. 5: Definitions.
a) "Awning sign" - a building sign or graphic printed on or in some fashion attached
directly to the awning matelial.
b) "Balloon sign" - a sign consisting of a bag made of lightweight material
supported by helium hot or pressUl1zed air which is greater than twenty four 24
inches in diameter.
c) "Canopy" - a roof like cover often of fabJic plastic metal or glass on a support
which provides shelter over a doorway.
2
d) "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 intennittent flashing light by means of animation. Also
any mode of lighting which resembles zooming, twinkling or sparkling.
e) "Marquee" - any permanent rooflike structure projecting beyond a theater
building or extending along and projecting beyond the wall of that building
generally designed and constructed to provide protection from the weather.
f) "Monument sign" - a 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 face that is the same width as the sign from the ground to
the top of the sign. The base of the sign shall be constructed of a pelmanent
material such as concrete block or stone. The sign face shall occupy at least 50%
of the monument sign. Signs should be constructed of materials either the same
as the principal structure or that appear the same.
g) "Off-premise sign" - a commercial speech 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 oftbis 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.
. h) "Pole sign" - see Pylon Sign.
i) "Pylon sign" - any freestanding sign which has its supPOltive structures anchored
in the ground and which has a sign face elevated above ground level by poles or
beams arid with the area below the sign face open.
j) "Sandwich board sign" - any freestanding sign which is composed oftwo 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.
Ie) "Shimmering signs" - a sign which reflects an oscillatIng, sometimes distorted,
visual image. .
I) "Wall sign" - any building sign attached parallel to, but within two (2) feet 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.
Subd. 6: . General Provisions. The following regulations shall apply to all signs hereafter
permitted in all districts:
3
a) Signs shall not be pennitted 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 i1lformation, unless approved by the appropriate
government entity.
b) Signs shall not be constructed or maintained in a manner which obstructs traffic
visibility.
c) Flashing or rotating signs resembling emergency vehicles shall not be pern1itted
in,any district.
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 pennitted to obstruct any window, door, fire escape, stairway or
opening intended to provide light, air, ingress or egress for any building or
structure.
f) Where a sign is illuminated, the source of light shall not shine upon any pali of a
residence or into a residence district or any roadway.
g) One sign, regardless of its type, shall be pern1itted on each parcel ofpropeliy in
any residential district, and each side of any such sign shall be limited to an
overall area of six (6) square feet. The limitations stated in this provision can
only be modified according to Subdivision 13 of this Section.
h) 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 and
7. Flashing signs
8. Shimmering signs
9. Wall sign
i) Pylon signs and off-premise signs shall not be permitted in any zoning district.
j) No sign shall be of such a nature or placed in such a position that it will cause
danger to trafficon a street.
Ie) Signs which may be or may hereafter become rotted, unsafe or unsightly shall be
repaired or removed by the owner or lessee of the prop~rty upon which the sign
stands upon notice by the Building Inspector. The owner, lessee or manager of
4
any sign that contacts the ground and the owner of the land on which the same is
located shan keep grass, weeds and other growth cut and shan remove an debris
and rubbish from the lot on which the sign is located. If the owner, licensee or
owner of the property falIs 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 tQ the County Auditor as a lien against the propeliy on which the sign
was located.
I) No sign shan project more than two (2) feet over a public sidewalk.
m) Signs shall not be located on the roof of a building.
n) No sign shall be painted directly on the side of the building, unless it is clearly
demonstrated to the Planning Commission that the location of the sign does not
threaten the structural integrity of the building in question, cause a safety hazard
to any persons or property in the vicinity of the building in question, and is
aesthetically consistent with and non-offensive to the properties in the immediate
area of the building in question.
0) No sign shall violate the side or rear yard setback requirements of the district in
which it is placed.
p) No sign shall exceed 250 square feet in surface area.
q) Exceptfor 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.
Subd.7: Temporary Signs.
a) Permit Required. Temporary or portable signs are allowed in any district only by
permit. The City shall not review or consider the content of any message to be
displayed on any portable or temporary sign when detelmining whether to grant a
permit. A fee set forth by resolution applies to a pelmit for temporary or portable
slgns.
b) Maximum Size. The maximum size of a p011able or temporary sign is sixty-four
(64) square feet. 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 oftime that a portable or temporary sign can be located
on a propelty is limited to forty (40) days in anyone calendar year only after
application has been approved for location and placement.
5
d) Illuminated Signs. I1Juminated temporary or pOJiable signs shal1 have a
recognized seal of approval of listing from Underwriters Laboratories Inc. (UL)
or other recognized electrical standard and installed in conformance wjth the
listing or, ifmore restricted, the National Electrical Code as adopted by the State
of Minnesota.
e) One Sign Per Parcel. There shal1 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 pOliable signs shal1 be located on the parcel at any given time. One
portable sign will be allowedper strip mall site within the B-2 district.
f) Ground Fault Circuit Interpreters. The internal wiring of an illuminated outdoor
sign that is temporary orportable 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
dUling high winds.
Subd.8: Exemptions. The following sign shall not require a pelmit. 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, shal1 apply only to poster
replacement andlor on-site changes involving sign painting elsewhere than directly on a building.
Subd. 9: Pern1itted Signs: Business Districts.
a) Wall Signs. Each tenant other than those in multi-tenant buildings may have one
flat wall sign not extending more than 18 inches from the face of the building
except that such signage may extend from the face of the roof over a covered
walk. Such wall si!:,'Tls shall not exceed 15~2:Q of the area of the wall to which the
sign is attached, to a maximum of 96 square feet.
b) Monument Signs. Uses other than those in multi-tenant buildings may have a
monument sign that shall not exceed 80 square feet per sUlface area, and 15 feet
in height, and is setback a minimum 20 feet from the property lines.
c) Multi-Tenant Signs. Each tenant in a multi tenant building may have a flat wall
sign, not extending more than 18 inches from the face of the building. The
6
aggregate area of such signs shalLnot exceed 5% oftbe area ofthe wall to which
they are attached.
d) Multi- Tenant Monument Signs. One monument sign shall be pc;rmitted for each
multi~tenant building provided the sUlface area of the sign does not exceed 100
square feet per side 15 feet in height, and is setback in no case less than 20 feet
from the property lines. The area may be increased to a maximum of 150 square
feet per side for developrilents of over 20 acres.
e) Canopies and Awnings. The design of canopies shall be in keeping with the
overall building design in terms oflocation 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.
Internally-illuminated canopies must be compatible with the overall color scheme
of the building.
Subd. 10: Desi~n Standards for Downtown and High Visibility Conidors.
a) Design Standards forB-1 Central Business District. The following standards
pertain to signs within the B-1 Centml Business DistJict and are in addition to,
and supersede, other standards contained herein.
1.
Pylon and free-standing permanent signs are prohibited in the B-1 District
directly adjacent to Mi.)1~~~.9i<:\_Str~et;except o!,!e!!lol111p?ent sigl1111ay be .
permitted per parcel of property provided the aggregate size of the
monument does not exceed one square foot for every one foot of frontage.
2. Signs shall be architecturally compatible with the style, composition,
materials, colors and details of the building to which it relates and other
signs on other buildings within the B-1 District.
3. Signage should be simple and the signage should not overshadow or
dominate the character of the structure.
4. Illuminated signs should feature indirect lighting that is shielded from
view unless omamental in nature. Signs capable of being lit in the
evening should limit the view of such lights from motorists and
pedestdans.
5. The overall design of all signage including the mounting framework shall
relate to the design of the principal building on the property. For buildings
without a recognizable style, the sign shall adopt tbedecorative features of
the building, utilizing the same materials and colors.
7
'CD~i~t;d;-B;;;~d;~~;'----'-"-'-'-'-' ....j
6. Signs painted directly on window glass or hung in windows are permitted.
Such signs shall be counted toward the maximum size requirement and'
shall be limited to 20% of the window area.
7. The maximum height of a sign in a business district shall be 15 feet. .
8. Projecting signs are allowed in the B-1 District directly adjacent to
Minnesota Street and College provided:
a) The projecting sign does not extend beyond the first floor of the
building.
b) No less than ten feet of clearance is provided between the highest
point of the sidewalk and thelowest point of the projeGting sign.
c) Cumulative projecting sign area is not greater than twelve square
feet and maximum sign width not greater than three feet.
d) Maximum distance between a projecting sign and the building face
doesn't exceed one foot.
9. Sandwich Board Signs are allowed only in the B-1 District directly
adjacent to Minnesota Street and College provided:
a) No more than one sandwich board sign shall be allowed for each
tenant on a parcel ofpropeliy.
b) The sandwich board sign does not exceed 36" in height or 30" in
width. ,
c) The sign is displayed only during nOlmaloperating hours of the
business on the parcel of propeliy on which the sign is located.
d) The sign does not require any form of electricity or display lights
or moving parts.
e) 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.
f) The sign is made of superior quality, weather/wind resistant
matelials.
g) The sign is not affixed to the sidewalk, other signage or temporary
or permanent structure.
8
h) The maximum aggregate square footage of allowable sign area is
not exceeded.
i) The sign owner Pl'ovides proof of liability insurance listing the
City as an additional insured and holding the City harmless.
b) Design Standards for Propeliies With Highway/Freeway Visibility. The
following standards pertain to signs within the B-2 General Business District, the
B-3 District and Industrial Districts which are visible from Interstate 94. These
standards are in addition to, and supersede, other standards contained herein.
1. The standards contained in tills subdivision relate to signs on parcels
adjacent to or visible from principal arterials, minor arterials, and collector
streets.
2. Signs shall employ superior-quality, permanent materials. Natural
materials such as wood, brick, stone, glass, etc are highly encouraged.
3. Signs shall be architecturally compatible with the style, composition,
materials, color and details of the building to which it relates and other
structures within the applicable zoning classification.
4. Signage should be simple and non-obtrusive and should not overshadow
or dominate the character of any structure on the same parcel of property.
5. The use of natural color palettes in freestanding signage is highly desired.
6. All freestanding signs shall employ landscaping that is aesthetically
pleasing and complimentary to the quality of uses within the area.
Subd. 11: 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
nonconfonning 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 nonconfornling 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 nonconfomlity.
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
conforl11ity with the provisions ofthis ordinance.
9
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 110t been applied for
within 180 days of when the sign or sign stmcture was damaged, it shall not be
reconstmcted or used except in conf01111ity with the provisions ofthis ordinance.
d) Should such sign or sign stTucture 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 pennitted 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 stmcture on the
property shall be repainted in a neuttal color or a color which will halIDonize with
the stmcture.
Subd.12: Signs in Developin? Subdivisions. DUling the development ofa new
subdivision consisting oftwo (2) or more lots, there shall be allowed two (2) signs in the
subdivision, not to exceed twelve (12) feet in height. A permit is required for the placement of
these signs and a fee paid as set by Council resolution. The City shall not review or consider the
content of any message to be displayed on such signs when detem1ining whether to grant a
permit. In addition to the signs mentioned above, there shall be allowed, without a permit, 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. 13: Non-Commercial Speech. Notwithstanding any other provisions of this sign
ordinance, all signs with a surface area of 100 square feet or less containipg non-commercial
speech may be posted from September 1 in any general election year until seven (7) days
following the general election and eight (8) weeks prior to any special election until seven (7)
days following the special election. Signs permitted under iliis S'ubdivision 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 pennitted on school property or any other public lands.
Subd. 14: Substitution Clause. The owner of any sign which is oilierwise 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 pelIDitting. The purpose ofthis 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.
10
This amendment is adopted the
be effective upon publication.
This amendment was published on
L:\CITYIST.10E\2006
day of
, 2006, and shall
CITYOF ST. JOSEPH
By
Richard Carlbom, Mayor
By
JudyWeyrens, Administrator/Clerk
,2006.
11
\
J
DRAFT CONTAINING THE CHANGES MADE BY THE PLANNING COMMISSION
ON AVe 31, 2006
AMENDMENT TO ORDINANCE 52.31
B-1CENTRAL >>PS~N~SS DISTRl<:!
The City Council for the City of St. Joseph hereby ordains that Ordinance 54.3J.,Subd.::t.,is.
amended as follows:
"Subd. 1,:Pe:f111itted Accessorv Uses. The: follo,^,iI1glise~ sha!lbe pelTI1itted .as an ._
Accessory Use in the Central ,Business District and subject to all the requirements in this Section:
a)
Commercial or business building for a use accessory to the principal use, not to
exceed ~% percentof the size of principal structure.
b) Residential dwelling as long as it is located above a commercial permitted use
at least by one floor and the commercial permitted use is at minimum 30% of
that building use. "
c) Signs which meet the criteria of the Sign Ordinance.
d) Temporary buildings for construction purposes for a period not to exceed
constmction.
I
I ,
e)
Off-street loading and parking areas, subject to applicable section(s) of this
Ordinance.::
.. .~ .. .. .. ..0 _ .~ ._ _ _. _. .. ._ ..
This amendment is adopted the _ day of
be effective upon publication.
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2006.
L:\citylstjoe\2006
r Deleted: 2 J
~:::~::: :1I9!1~~:, 7.~_... ..____-:. _-::]
[ Deleted: 3 - J
r Deleted: 3 1
r'.='F'''=''"'''==='''''===-='''~'=~~="='''''.'''"''J
'Deleted: Highwav 75
l..______.._._'---_____.__.._____..____
~eted: 3
~
E-..-.--..-.--.---..--....-----.-----:--~
-' Deleted: f) Fences. landscaping. "'1 I
,! .
;J
DRAFT CONTAINING THE CHANGES MADE BY THE PLANNING COMMISSION
ON AUG 31,2006
AMENDM;ENT TO ORDINANCE 84
GENERAL PARKING ORDINANCE
The Council of the City of St. Joseph hereby ordains:
That Ordinance 83 ofthe St. Joseph Code of Ordinances is hereby revoked.
That Ordinances 35.13 of the St. Joseph Code of Ordinances is hereby revoked.
That Ordinances 52.1 0 of the St. Joseph Code of Ordinances is hereby revoked.
That Ordinances 53.02 of the St. Joseph Code of Ordinances is hereby revoked.
That Ordinance 84 is revoked in its entirety and the following language is enacted in its place:
"Section 84.01: INTENT. The intent of this section ofthe zoning ordinance is to
establish standards for parking in the City of St. Joseph. The regulations provided herein shall
apply equally to all districts except where provided otherwise.
Section 84.02: DEFINITIONS. As used in this ordinance the following tenus shall
mean:
Subd. 1: Semi Trailer. Every vehicle without mode of power designed for can-ying
persons or property and for being drawn by vehicle and so constructed that some part of its
weight and some part of its load rests upon or is carried by another vehicle.
Subd. 2: Trailer. Every vehicle without mode of power designed for carrying persons or
property and for being drawn by a motor vehicle and so constructed that no part of its weight
rests upon another towing vehicle.
Subd. 3: Truck. Every motor vehicle designed, used or maintained primarily for the
transportation of persons and/or propelty, and which has a gross vehicle weight of 12,000 Ibs. or
more.
Subd. 4: Truck Tractor. Every motor vehicle designed and used primarily for drawing
other vehicles and not so constructed as to carry a load other than a part of the weight of the .
vehicle and load so drawn.
Subd. 5: Street or Highway. The entire width between the boundary lines of any way or
place when any pali thereof is open to the use of the public as a matter of right or purpose of
vehicular traffic.
Subd. 6: Residents District. All thatterritory defined as either single family or
residential or multiple residelltial district in the zoning ordinance for the City of St. Joseph.
Subd.7: Trailer Home and/or Mobile Home. Shall mean and include any structure used.
for sleeping, living, business or storage purposes, which is or has been equipped with wheels for
the transportation thereoffrom place to place, and the fact that the wheels have been removed
therefrom or a foundation of whatever nature, placed thereunder shall not exclude it therefrom,
excepting a device used exclusively upon a railroad track operated by a railroad company.
Subd. 8: Person. Shall include the singular and the plural, and shall mean and include
any individual, corporation, partnership, or other association of persons. .
Subd. 9: Residential Area. Shall mean any area not zoned "industrial" and any area not
specifically designated as a "trailer park" or "mobile home park".
Subd. 10: Owner. A person owning a legal interest in a "trailer home" or "mobile
home", or a tenant, bailee, user or custodian thereof, or any person entitled to possession thereof.
Subd. 11: Trailer Park and/or Mobile Home Park. Shall mean a designated area
specially designed and constructed as a mobile home or a mobile trailer facility, licensed by the
State of Minnesota, and approved by the City ofSt. Joseph.
Subd.12. Parking Space. A land area of not less than 180 square feet, exclusive of
driveways and aisles, of such shape and dimensions and so prepared as to be usable for the
parking of a motor vehicle, and so located as to be readily accessible to a public street or alley.
Surfaces of a "parking space" shall be constructed as set forth in Ordinance 84, Subd. 5(d).
Section 84.03: GENERAL PARKING.
Subd. 1: Angle parking shall be required on such streets as shall be designated by
appropriate resolution of the City Council. On any such street, every vehicle parked shall park
with the front of the vehicle facing the curb or edge of the traveled portion of the street at an
angle of approximately 45 degrees and shall face the curb between the painted or other markings
on the curb of the street indicating the parking space. All such streets shall be marked by
appropriate signs indicating that angle parking is required. On all other streets, parallel parking
shall be required according to state law heretofore adopted by reference.
Subd 2: No vehicle shall in any case be parked upon the street, boulevard, or alley in any
one place for a longer continuous period oftwellty-four (24) hours. Vehicles must be moved at
least one (1) block. Any vehicle which is moved less than one (1) block shall be deemed to have
remained stationary in violation of this subdivision. It is unlawful to remove any mark made by a
Police Officer for detennining the length of time a vehicle, trailer or other object remained
. parked.
2
Subd.3: No vehicle shall in any case be parked upon a street, boulevard, or alley facing
in the opposite direction of the traffic flow. All vehicles must be parked on the side ofthe street
that traffic flows.
Subd.4. No vehicle shall park in an area that is not designated a street..of alley.
Specifically, no vehicle shall be parked on grass or other landscape matellal located off ofJl
street or alley.
Section 84.04: SPECiAL REGULATIONS IN CONGESTED DISTRICT.
Subd. 1: It is hereby established that the district known as a congested distllct within
which the rules set forth in this section shall be enforced. The congested district shall include the
following streets: All of Minnesota Street, all of Ash Street between Second A venue West and
Second Avenue East, all of College Avenue lying southerly of County Road 75, all of First
Avenue East lying southerly of County Road 75, all of First Avenue West lying southerly of
County Road 75, all of Second Avenue West, all of Third Avenue West, and all of the alleys in
the Original Townsite of the City of St. Joseph:
Subd. 2: The City Council by resolution may establish "no truck parking" zones in the
congested district and shall mark by appropriate signs any zones so established. No person shall
park a commercial vehicle of more than one ton capacity on any street in any "no parking zone",
for parking of such vehicles for a peliod of not more than 30 minutes may be pelmitted in such
zone by the Chief of Police for the purpose of having access to abutting property when such
access cannot be conveniently secured from an alley or from a side street where truck parking is
not restricted.
Subd. 3: The City Council by resolution may designate certain blocks within the city as 5
minute, 30 minute, 1 hour, 2 hour, 8 hour and permit only limited parking zones and shall mark
by appropriate signs any zones so established. No person shall park any vehicle in any limited
parking zone between the hours of 8:00 a.m. and 9:00 p.m. of any weekday for a period longer
than specified on signs marking that zone, or without the appropriate permit for "permit only"
zones.
, .
Subd.j.; . Upon application al1dpayment. <?~ ~ny applica~le peITJ:l!tXee~,. the. 9ity ... . ..
Clerk/Administrator may issue a permit to park in permit only limited parking zones. All
information requested in 'an application form prepared by the Clerk! Administrator shall be
provided. Failure to provide infomlation shall be considered grounds for denial of the permit.
No more than five peIDlits shall be issued per parking space. Each permit shall be valid for a
period of one year from the date of issuance and shall be nontransferable. The City Council
may, by resolution, establish pennit fees in accordance with Section 14.4.
Section 84.05: SNOW SEASON PARKING.
Subd. 1: There shall be no parking on any City street from November 1 to April 1 during
the hours 6f2:00 o'clock A.M. and 7:00 o'clock A.M.
3
.r Deleted: , boulevard.
J
J
.[ Deleted: , boulevard.
.) Deleted: ~
1 Subd. 4: No person in cbarge of a motor
~ vehicle, whether as owner or othenvise,
i shall park or be pennitted to stand upon
! allY street or highway in the congested
i district for more than 30 minutes between
'.. ! the hours of2:00 a.m. and 6:00 a.m.
! unless.otherwise designated by J
"~7;Z~;~~;L=~"':<==""'~'''"''=''""'''=''1
Subd.2: Any vehicles parked in violation of Section 84.03.1, which interfere with the
plowing or removal of snow, are subject to immediate towing at the owner's expense.
Section 84.06: OBSTRUCTION OF PRIVATE DRIVE.
Subd. 1: No vehicleshall be parked in a manner obstructing a private driveway or
plivate roadway, or on a private dliveway or private roadway, without the express or clearly
implied consent of the owner of the private driveway or private roadway.
. Subd. 2: For purposes of this Ordinance, a vehicle is "obstructing" a driveway or
roadway if the location of the parked vehicle:
a) Blocks the dliveway or roadway from use by other vehicles.
b) Significantly hinders or slows other vehicles attempting to pass the parked
. vehicle. '
c) Forces other vehicles to leave the main traveled pbliion of the driveway or
roadway to pass the parked vehicle.
Subd.3: Vehicles parked in violation of this section are subject to immediate towing at
the owner's expense.
Section 84.07: PARKING OF SEMI TRAILERS. TRAILERS. TRUCKS AND TRUCK
TRACTORS.
Subd. 1: Declaration of Nuisance. The parking of the following vehicles in an area of
the City zoned R-1, R-2, R-3, or R-4 is found to create a: nuisance and detrimental influence upon
the public health, safety, prosperity, good order and general welfare of such district by
obstructing the view of streets and of private properties, bringing unhealthful and mmoying odors
and materials into the residential neighborhoods, creating cluttered and otherwise unsightly
areas, preventing the full use of residential streets, residential parking, introducing commercial
advertising signs into areas where commercial advertising signs are otherwise prohibited, and
othenvise adversely affecting residential property values in the neighborhood patterns. It shall
be unlawful for any person owning, driving or in charge of a semi trailer, to park the same in a
zoned district R-l, R-2, R-3, orR-4 nor within 100 feet of any residence for more than 60
minutes. It shall also be unlawful for any person owning, driving, or in charge of a truck with a
refrigeration unit running to park the same in a zoned district R-l, R-2, R-3, or R-4 or within 200
feet of any residence for more than 60 minutes. It shall also be unlawful for any person ovvning,
driving or in charge ofa truck tractor to park the same in a zoned district R-1, R-2,R-3, or R-4 or
within 200 feet of any residence for more than 60 minutes.
Subd. 2: Cattle Truck Parking. It shall be unlawful to leave standing upon any street or
public alley in the City of St. Joseph, any cattle truck or vehicle regularly .used for transporting
livestock for a period exceeding one hour.
4
Subd.3: Restrictions Cumulative. The restrictions of this Ordinance relating to the
parking of trucks are not to be construed as exclusive, but rather as in addition to the parking
restrictions which apply to all motor vehicles general1y, as provided by herein or by state law.
Section 84.08: OFF STREETPARK:ING
Subd. I: Intent. The intent of this section ofthe zoning ordinance is to establish general
standards for off-street parking. The regulations provided herein shall apply equal1y 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 pa1'ldng space.
Minimum parking dimensions shall meet the requirements ofSectioiJ 52.10,
S ubd. 5K.
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 ofthis 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 residential dwelling units shall be provided and
located on the same lot or parcel ofland as the building they are intended to serve.
f) When off-street parking is required, it shall be designated for that purpose and the
individual parking stalls appropriately striped.
g) Where a use is not specifically mentioned, off-street parking requirements shal1 be
the same as for similar use.
5
h)
In the B~ J and B-2 zoning districts on land which contains existing buildings.
DP!hinginthis sectionshall be construeq 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 the table, and
Subdivision 4 below, said buildings or uses are within 350 feet of the parking
area. - Ihi~12rm~jsi QIL~ll~-llYing_Qff:_~.ili:..p.2J:l~in.g"ii.hilll..9.nl::L. a DpJ.Y-t~LlglliLQllj:y-llig.b
there is existing buildings. No ofr-.site narkin!?: shan be allowed for businesses
\Nhich are proposed for raw or unimproved l;;l.I1d"
i) 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.
j) 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 industIial areas. This distance shall be measured from the
intersection of lot lines.
k) Curb cut openings shall be a minimum of five (5) feet from the side propeIi:)' line.
I) All properties shall be entitled to at least one (1) curb cut. Single-family uses
shall be limited to one (1) curb cut access per property measuring no more than 24
feet in width (the 24-foot width shall include 18-foot width plus 3-foot taper
width on each side).
.mL_____.Jlriy~}YilJ:s iIU~2.i..~!.mliillJir~il.Uy:hi,f!l abIJ.L:;;JmnLglrf.lli;~.1:Q~~;h.'!::.~xln1l.~U?~
constmcted of a hard sUlface consisting of concrete. bituminous. pavement or
paver stone desigiJed to drain and dispose of surfac'e water. Recvcled bituminous
QLSQ.ti~I-f~.~ll.illl.!2~_J2[Q.1:llQi~~L~K.9.,~P-LiJ;~U:?.f:1.T!ljlts:-Mn--mlilli-h!Q.tr!.~lm3e.;LQY..2l?f:~i~\J
use pennit
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 table, 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 DistIict of St Joseph. The amount of required
off-street parking in the Central Business DistIict 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 pem1it. 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 following boundmies: Properties lying to the
6
. .(E:~~~[~====~~~
West of First Avenue NOIiheast; lying East of Sec.ond A venue Northwest; lying North of
Minnesota Street; and lying South ofthe east/west alley which is between Mimlesota Street and
Ash Street. The lots within the Central Business District are: Lots 4, 5, and 11 through 15 of
Block 10; Lots 7 through 12 of Block 9, and Lots 7 through 12 of Block 4, all in the Original
Townsite of St. Joseph.
a) Singlefamily. two family non-rental residential units. Two (2) spaces per unit.
b) Boarding house. rooming house. bed and breakfast. multiple family dwellings and
rental residential dwellings. One and one-half (1 Vz) spaces for each single-
bedroom dwelling, two and one-half (2 112) spaces for each two-bedroom
dwelling, four (4) spaces fOl' each three-bedroom dwelling, and an additional 1.25
spaces for each additional bedl'oom within the dwelling. Any bedroom larger
than 140 square feet shall be considered as two bedrooms for the purpose of
determining the total number of bedrooms within a dwelling. Fractional numbers
shall be rounded up to the next highest whole number.
c) Motels. motor hotels. hotels. One (1) space per each rental unit and one (I) space
for each employee on any shift.
d) Church. theater. auditorium. At least one (1) parking space for each four (4) seats
based on the design capacity of the main assembly hall.
e) Hospitals. Three (3) spaces per each bed.
1) Medical. chiropractic. dental or hospital out-patient clinics. One (1) space for
each one hundred ten (110) square feet of net floor area or seven (7) spaces per
doctor, whichever number of parking spaces is greater.
g) Long Term Care Facilities. Assisted Living Centers. Rest Homes and Retirement
Homes. One (1) space for each two (2) beds for which accommodations are
offered and one (1) for each employee on any shift.
h) Elderly (senior citizen) housing. One (1) space per unit.
i) Drive-in restaurant and convenience food. At least one (1) parking space for each
thirty-five (35) square feet of gross floor area, but not less than fifteen (15)
spaces.
. j) Office buildings and professional offices. other than medical. chiropractic. dental
or hospital out-patient clinics. One (1) space for each two hundred fifty (250)
square feet of floor area.
k) Bowling aJlev. At least five (5) parking spaces for each alley, plus additional
spaces as may be required herein for related uses contained within the principal
structure.
7
1) Automotive Service Station. At least four (4) off"street parking spaces plus two
(2) off-street parking spaces for each service stall. Those facilities designed for
sale of other items than strictly automotive products, parts and/or service shall be
required to provide additional parking in compliance with other applicable
sections of this Ordinance.
m) Retail store and service establishment. At least one (1) off"street parking space
for each three hundred (300) square feet of floor area.
n) Retail sales and service business with fiftv (50) percent of gross floor area
devoted to storage. warehouses and/or industrv. One (1) space for each three
hundred (300) square feet devoted to public sales and/or service plus' one (1)
space for each one thousand (1,000) square feet of storage area or one (1) space
for each employee on the maximum shift which is appropliate.
0) Restaurants and cafes. At least one (1) space for each four (4) seats used by
patrons, plus one (1) space for each employee on the maximum shift.
p) Private clubs serving food and/or drinks. bars. taverns. nightclubs. At least one
(1) space for each fifty (50) square feet of gross floor area.
q) 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.
1') Manufacturing. fabricating or processing: of a product or material. warehouse.
storage. handling or bulk goods. post offices. At least eight (8) spaces, plus one
(1) space for each two (2) employees on each shift based on maximum planned
employment or at a minimum one (1) space for each five hundred (500) square
feet of floor area.
s) Car wash. (In addition to required. stacking space.)
1. Automatic drive through, serviced. Ten (10) spaces per bay for stacking'
purposes plus one (1) space for each employee on the maximum shift.
2. Self"service. Three (3) spaces per bay for stacking purposes, plus a
minimum oftwo (2) additional spaces.
Subd. 5: Parking Lot Standards. In all districts where off-street parking lots are
permitted or required such off~street parking shall be constructed and maintained subject to the
following regulations:
a) These standards shall not be applicable to parking provided for single family or
two family residences, public parks or other publicly owned property. Parking lot
8
standards for industrial uses may be subject to variance or modification by the
conditional use permit for the specific industrial use. In considering a request for
variance or modification, the City shall consider the location of the property, size
of the parking area, use of the parking area, adjacent property uses and the impact
on the general well being of the community. Alternative surfaces which may be
pennitted in an industrial area are limited to Class 2 crushed granite which
confOlIDs to the requirements of MN/DOT specification 3138 with visual
evidence of fmiher consolidation.
b) Parking lots existing on or before January 1, 1996, do not have to be brought into
compliance with these standards until such time as any of the following events
occur. (a) a new structure is constructed on the property served by the parking
lot; (b) an addition is constructed to any existing structure located on the property
served by the parking lot; (c) A change in use of the property served by the
parking lot occurs which results in a remodeling of the structure requiring the
issuance of a building permit.
c) Adequate ingress and egress shall be provided.
d) Such parking lots shall be constructed and maintained in a useabJe condition, with
a hard surface consisting of concrete, bituminous, pavement or paver stone
designed to drain and dispose of sUlface water. Recycled bituminous or concrete
shall be prohibited except as pennitted in an industrial area by special use pem1it
or vanance.
e) Whenever such parking lot boundary adjoins property zoned for residential use, a
setback of fifteen (15) feet from said lot line shall ,be required, and maintained.
f)
Necessary curbs or other protection against damages to adjoining properties,
streets and sidewalks shall be provided and maintained. C,oncrete curbs to B~,J.2
specifications shall be used,for all automobile stops and for all drive and parking
areas.
g) Plans for the construction of any such parking lot must be approved by the
Planning Commission before construction is started. No such land shall be used
for parking until approved by the Planning Commission.
h) No sign shall be so located as to restrict the sight, orderly operation i.md 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.
9
..~~=----=l
'l Deleted:
i) 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 nor more than eight (8) feet in height.
j)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.
k) Except in the cases of single-family, two-family and townhouse developments,
parking lot dimensions are set forth in the table below., Circulation patterns shall
allow adequate room for emergency vehicles.
Angle and ' Standard Depth Depth to Aisle I Wall/wall Interlock
traffic flow stall width to wall interlock width module Module
90 deg 2-way 9' I 17.5' 17.5' 26' 61' 61.0
60 deg 2-way 9' 18.0' 16.5' 26' 62' 59.0
75 deg l-wav 9' 18.5' 17.5' 22' 59' 57.0
60 deg I-way 9' 18.0' I 16.5' 18' 54' 51.0
Special designs will be considered for unique situations, and are subject
to approval of the City Engineer. Handicap stalls shall be provided in
accordance with current ADA requirements. Where bumpers overhang
sidewalks, allow 2.5 feet of clearance for the overhang before considering
useable sidewalk width.
1) Drainage and Surfacing. Driveways shall not exceed a grade of six (6) percent
and all parking lots~xcept 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 stOlID sewers may be required.
111) 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.
n) Circulation. Lots shall be so designed that internal circulation shall be available
without utilizing the public street.
0) 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, stliping,.landscaping and screening.
p) Li ghting. 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.
10
Subd. 6: Required Loading: Berths. In connection with any structure which is to be
erected or substantially altered and which requires the receipt or distribution of materials or
merchandise by trucks or similar vehicles, with a gross floor area of five thousand (5,000) square
feet or more, there shall be off-street loading provided Oil the basis of the following:
Gross Floor Area
square reet
5,000 to 16,000
16,000 to 40,000-
40,000 to 70,000
70,000 to 100,000
each additional 40,000
Minimum required
loading berths
1
2
3
4
1 additional
Loading space required under this Section shall be at least fifty (50) reet long and ten (10) feet
wide.
Section 84.09. PARKING, LOCATION AND USE OF TRAILER HOUSES AND MOBILE
HOMES.
Subd. 1: Prohibitions. It shall be unlawful for any person to park, or to pe1111it the
parking of any trailer house or mobile home owned by him or under his control on any street,
alley, or other public place or in any residential area, as above defined, within the City, except
that the parking or only one unoccupied trailer house in an accessory plivate garage building or
in the rear yard of any privately owned yard is hereby permitted provided no living quarters be
maintained, or any business practiced at said trailer while such trailer is so parked or stored.
Subd. 2: Licensine Required. The owners of all trailer houses or mobile homes shall be
required to pay the current Minnesota State License fee or tax each year.
Section 84.10. PUBLIC PARK PARKING
Subd. 1: Motor Vehicle Use. All vehicles, whether motorized or non-motorized, shan be
restricted to their designated parking areas. -In those parks where roadways extend into and
through the parks, no vehicles shall drive at a speed in excess of five miles per hour. All persons
must operate their vehicles in a safe and reasonable manner. No vehicles are to extend beyond
the roadway or parking areas. For purposes of this section, three wheel and four wheel all terrain
vehicles are to be consldered motor vehicles.
Section 84.11: AUTHORITY TO REMOVE VEHICLES PARKED IN VIOLATION
OF THIS ORDINANCE.
Subd. 1: Any vehicle found parking in violation ofthis ordinance or the laws of the State
of Minnesota, is hereby declared to be a nuisance and may be similarly abated by, or under the
direction or at the request of a police officer by removing and impounding the vehicle by means
of towing or otherwise, and shall be surrendered to the duly identified owner thereof or his agent
upon the payment of fees hereinafter provided.
11
Subd.2: A towing charge in connection with the impounding of any vehicle shall exceed
the amount agreed upon in any current contract between the City ofSt. Joseph and the duly
designated garage owner, a true and correct copy of which shall be on file in the office ofthe
City Clerk! Administrator for public inspection and reference, and the scheduled charges of the
current contract is hereby made a pmi of this chapter as fully and to the same effect as if set fOlih
herein verbatim. In addition to the towing charges, an administrative fee shall also be charged to
the owner of any vehicle found to be in violation of this ordinance.
Subd. 3: Before the owner or his agent may be permitted to remove the vehicle
impounded pursuant to this section, he must furnish satisfactory evidence of his identity and
ownership of the vehicle and he must pay the fees for towing and storage of the vehicle as set
forth in the contract between the City and the garage, plus the administrative charge hereinbefore
set forth, and he shall sign a written receipt for the vehicle. It shall be unlawful for any person to
reclaim the vehicle so impounded without first paying all of the towing and storage fees provided
herein. The garage owner shall not release any vehicle designated as a police "hold" without oral
release thereof from the Chief of Police or his authOlized representative.
Section 84.12: OWNER'S RESPONSIBILITY. Where any motor vehicle is found
parked contrary to any provisions of these ordinances, that act is hereby declared to be the act of
the registered owner as well as the act ofthe person actually parking the vehicle.
Section 84.13: REGISTERED OWNER. Pot-purposes ofthis ordinance, the registered
owner is defined to include motor vehicle rental or-leasing agencies and corporate owners. It
shall be a defense to any violation if the registered owner shows that on the date of the offense
title to the vehicle has been transferred to another.
Section 85.14: SEPARABILITY. Every section, provision or part of this Ordinance is
declared separable from every other section, provision or pmi, and if any section, provision or
pmi thereof shall be declared invalid, this shall not affect any other section, provision or part.
Section 53.15: PENALTY. Any person who violates or fails to comply with the
provisions of this "Ordinance shaH be guilty ofa misdemeanor."
This amendment is adopted the
be effective upon publication.
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
12
This amendment was published on
L:\CITYISTJOE\2006
,2006.
,
13
DRAFT CONTAINING THE CHANGES MADE BY THE PLANNING COMMISSION
ON AVG 31, 2006
AMENDMENT TO ORDINANCE 108
JUNK CAR ORDINANCE
The City Council for the City of St. Joseph HEREBY ORPAINS:
1. That Ordinance 108.03, Subd. 2 is amended to read as follows:
Subd.2: On the premises of a jun1cyard or a motor vehicle repair business when such
junkyurd or business is maintained and/or licensed in accordance ',vith Milmosota la',',' or Gtty
Ordinances and zoning rebulations. In tho case of a repair business, each motor vehicle m1:t&t-be
actively and consistently worlled on and maintained or stored in an area screenod from public
vim\' by an appropriate fence.
"Subd.2:
a)
On the premises of a junkyard or a motor vehicle repair business which such
junkyard or business is maintained and/or licensed in accordance with Minnesota
law, City Ordinances and zoning regulations. In the case of a repair business,
each motor vehicle mustbe under repair and/or removed within ninety (90) days.
When requested, the business ownerffiust provide proofthat the vehicle is being
repaired. Such proof will include a parts order f0l111 or verification of application
for title. Each motor vehicle present on the premises of a motor vehicle repair
business must be maintained or stored in an area screened from view by an
appropriate fence."
I y
This amendment is adopted the _ day of
effective upon publication.
, 2006, and shall be
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2006
L:\city\stjoe\2006
"~eleted: '1
b) Any repair business in operation on
or before the enactment of this ordinance
will have six (6) months from the date of
enactment of this ordinance 10 come into
full compliance with the provisions of the
ordinance. AU such motor vehicle repair
businesses in existence on the effective
date of this ordinance will be limited to
I not more than four (4) unlicensed or junk
I vehicles at one time which are
unscreened from public view. However;
this exceptiou shall expire within six (6)
months after the date of the enactment of
II this Ordinance when such existing motor
vehicle repair businesses must be brought
l into full compliance with para~>raph (a)." ,
DRAFT CONTAINING THE CHANGES MADE BY THE PLANNING COMMISSION
, ON AUG 31, 2006
ORDINANCE 121
FIREARMS USE ORDINANCE
The Council of the City of St. Joseph hereby ordains:
That the St. Joseph Code Book is amended by the addition of Ordinance 121. Ordinance 121
shall state as follows:
"Section 121: FIREARMS USE ORDINANCE
Subd. 1. Purpose. It shall be the purpose of this Ordinance to protect the safety and well-
being of persons and property in the City of St. Joseph.
Subd. 2. Definitions. The term "firearms" shall mean any device from which a projectile
is propelled by, but not limited to, gunpowder, C02, spring action or air. This definition shall be
deemed to include, but not limited to, shotguns, rifles, pelletIBB guns, pistols, revolvers,
slingshots, blow-guns, and bows and arrows.
Subd. 3. Use of Fireanns.
a)
Discharge of Firearms. It shall be unlawful to use, fire, or discharge firearms
within the City of St. Joseph. This use shall not prohibit the discharge of shotguns
or the use of bows and arrows with broad heads (hunting tips) during legally
designated hunting seasons with a hunting permit provided by the City., ..
. b) Possession and Transfer of Firearms. It shall be unlawful for any person to sell,
give" lend or in anyway cause any person under 18 years of age to possess any
device as herein desclibed without a parent or legal guardian present and with
pemlission from said parent or legal guardian. It shall be unlawful for any person
under 18 years of age to possess any device as herein described anywhere except
property described as his/her residence except for the express purpose of legal
hunting and with a hunting permit as required herein.
c) Shotgun hunting shall be permitted on the designated State of Minnesota Wildlife
Reserve parcels only. Bow and arrow hunting shall be allowed on the designated
State of Minnesota Wildlife Reserve parcels.
Subd.4. Hunting Pelwits and Fees. The City Council may issue special hunting permits
for hunting or shooting on undeveloped lands but such permits shall be issued only with written
consent of the owners of such lands. The pennits shall be issued at the discretion of the Police.
Appeals may be taken from his detelwination to the City Council. All such permits must be
Issued in writing and in the possession of the individual issued the permit. The Council shall
establish a pemlit fee in an amount sufficient to cover the costs to administer this Ordinance.
~
.l Deleted: Shotgun slugs are prohibited.
Subd.5. Exemptions Allowed. ThisOrdinance shall not prohibit the use of firearms by a
legally appointed police officer or by a member of a duly licensed gun club as hereinafter
provided when firing ordischarging firearms on the authorized firing range of the club and
within the prescribed hours for shooting. Nothing in this Ordinance shall be construed to include
the use of firearms or any other weapon when done in the lawful defense of persons, property,
family or the necessary enforcement of the law.
Subd. 6. Penalty. Any person violating any provision ofthis ordinance shall be guilty cif
a misdemeanor and upon conviction thereof shall be punished by a fine of not more than
$1000.00 or by imprisonment of not more than 90 days, or both, plus the costs of prosecution in
either case."
This Ordinance is adopted the
be effective upon publication.
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
] udy Weyrens, Administrator/Clerk
This Ordinance was published on
,2006.
L:\CITYISTJOE\2006