HomeMy WebLinkAbout2006 [10] Oct 09
CITY Of ST. JOSEPH
www.cityofstjoseph.com
St. Joseph Planning Commission
October 9,2006
6:00 PM
Administrdtor
Judy Weyrens
1. Call to Order
MdYor
Richdrd Cdrlbom
2. Ordinance Review
3. Adjourn
Councilors
AI Rdssier
Ross Rieke
Renee Symdnietz
Ddle Wick
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MEMO
TO:
Planning Commission and Judy Weyrens
FROM:
Tom Jovanovich
RE:
Ordinance Changes Requested by Planning Commission at September 19,
2006 Meeting
OUR FILE NO.:
25077
DATE:
October 3, 2006
Attached to this memorandum are the changes in Ordinances discussed by the Planning
Commission at the September 19, 2006 meeting. The Ordinances are redlined to highlight the
changes made by the Planning Commission at the September 19,2006 meeting. Ifthere 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 September
19,2006 are as follows:
Amendment to Ordinance 52: Fence Ordinance and Ordinance 32: Easement Ordinance. The
Fence Ordinance was changed to include the specific limitations on fences over easements as set
out in the Easement Ordinance. The Easement Ordinance was changed to reflect that the Public
Works Director will approve any conditions for a fence over an easement, and to include
language which states that any conditions must be noted on the permit. Because ofthis added
provision regarding conditions to be listed on the permit, it is important that the City
Administrator and Public Works Director coordinate this and that no permit be issued unless it
contains the correct conditions. As a matter of course, the permit should contain the conditions
as set forth in Section 32.03(b), Paragraph 4. This should be made a permanent condition to the
permit and other conditions can be added based on recommendations by the Public Works
Director and/or City Administrator.
I have also changed the section dealing with maintenance-free fencing, which is Section
56.07(c). However, it seems that the inclusion of "maintenance-free fencing" as maintenance-
free material could cause problems. . What is to prevent a landowner from arguing that the
material he is using is maintenance-free fencing? I attempted to limit the new language to
material which is marketed as "maintenance-free fencing" from the manufacturer.
Amendment to Ordinance 51: Building Ordinance (Building number and key boxes). The
Planning Commission asked whether state law requires that a key system be implemented as a
matter of safety. Section 506 of the 2003 Minnesota State Fire Code authorizes a Fire Chief to
require that key boxes be maintained on certain buildings. There is no requirement that the
issuance of a Certificate of Occupancy be conditional on the placement of a key box. Key boxes
are required under the following situations:
1. Key boxes shall be installed on all new buildings, the exception is residential one
and two-family dwellings with an NFP A 13D Fire Sprinkler system.
2. Where an addition, renovation, or remodeling of an existing commercial building
exceeds 25% of its assessed value, a key box shall be installed.
3. . When buildings are large or when multiple tenants occupy a building, additional
key boxes shall be installed when required by the Fire Code official.
4. Multiple sets of keys shall be provided when required by the Fire Code official.
Accordingly, the Fire Chief may require a key box before any licenses are applied to by the City.
It seemed that the concern of the Planning Commission had to do with the enforcement section
of the Ordinance, which stated: "The City may withhold all City licenses, applications, and
permits from owners or occupants of primary structures if the address is not placed or maintained
in conformance with this Ordinance". The enforcement provision with respect to withholding
licenses only applies to placing addresses on property. The key box section is separate and does
not contain this section. The Fire Chiefhas the authority to request that a person place a key box
on a required building. lfthe individual does not comply with the key box provision, the
individual is subject to a petty misdemeanor on the first offense, and a misdemeanor on the
second offense.
Amendment to Ordinance 84: General Parking Ordinance. The last revision had two
amendments to Ordinance 84. One was the General Parking Ordinance, and the other was an
amendment with respect to the impound lot. The new version includes the impound lot in the
General Parking Ordinance.
With respect to the impound lot, the fee of $20 was removed. The Ordinance now states that the
fee will be set by Resolution of the City Council. The Ordinance also states that the fee shall be
paid at the impound lot, thus making the Ordinance a one-stop pickup for the person removing
their car from the impound lot.
In a recent ruling in the Stearns County Court, Judge Vicki Landwehr held that a St. Cloud off-
street parking ordinance was unconstitutional. The judge stated that the stated purpose for the
ordinance (of preserving the peace and safety) was not "rationally related to a legitimate
government interest". She indicated that had the City passed the ordinance for the purposes of
maintaining "a neat, attractive community and preserving the property values" of neighborhoods,
that would be a legitimate public purpose. Accordingly, we have changed the St. Joseph
Ordinance as follows. First, Section 84.01, entitled "INTENT", should be replaced with the
following (the new phrase is being underlined):
The intent of this section of the zoning ordinance is to establish standards
for parking in the City of St. Joseph in order to ensure that the
community remains neat and attractive and that the value of real estate in
the City be preserved. The regulations provided herein shall apply
equally to all districts except where provided otherwise.
Similarly, Section 84.08 subd. 1, entitled, "Intent," should read:
The intent ofthis section of the zoning ordinance is to establish general
standards for off-street parking in order to ensure that the community
remains neat and attractive and that the value of real estate in the City be
preserved. The regulations provided herein shall apply equally to all
districts except where special provisions provide otherwise.
Amendment to Ordinance 52.28: Zoning Ordinance Regarding R-2 Two Familv Residence
District. The request to correct 52.28 to read R-2 Two Family Residence District has been
completed.
Amendment to Ordinance 52.12: Zoning Ordinance Regarding General Performance Standards.
The Planning Commission had a concern that the side yard setbacks for accessory buildings were
not correct. This has been changed by amending the General Perfonnance Standards which
allow an accessory building which does not require a building permit to be located five (5) feet
from the side yard or rear yard.. The normal requirement for an accessory building which
requires a building permit is ten (10) feet.
Amendment to Ordinance 52.09: PUD - Planned Unit Development Overlay District. The
Planning Commission raised an issue as to whether PUD' s should be allowed if the property
owner disturbs the soil, conducts grading on the property, or cuts down trees. I have provided a
section on page 4 which is Subd. 3(b )(5). You will want to review this carefully to insure that
language contains the types of limitations that were envisioned by the Planning Commission.
I have reworked the definition of developable land on page 4. Developable land for purposes of
PUD would not include street right-of-ways, public dedications consisting of storm water
detention ponds, trails, parklands and would not include water bodies, waterways, shorelands or
flood plains. It appears that the City has interpreted the Subdivision Ordinance in a similar
fashion over the past years.
I have reviewed the PUD Ordinance again and I believe the Ordinance clearly sets a max.imum
number of units which can be developed. Accordingly, I don't see a need to hire a plamler to
attempt to determine how many units will be utilized in the PUD area.
Amendment to Ordinance 52: Regulation of Signs. I am enclosing the redraft ofthe Sign
Ordinance based on comments from the League of Minnesota Cities. This Ordinance also
contains the changes suggested by the Planning Commission on August 31, 2006. Please review
this carefully.
I also investigated whether we should have a section on video signs. After review, we have
decided that video signs should not be treated differently than illuminated signs. Accordingly,
we have placed a definition for illuminated signs in the Sign Ordinance and this would include
video signs.
Ordinance 112: Exterior Solid Fuel-Fired Heating Devices. I have included an Ordinance
dealing with exterior solid fuel-fired heating devices. This Ordinance establishes setback from
property lines, as well as the need to obtain a mechanical permit to install the device on property.
It is based on the City of Ramsey's Ordinance.
AMENDMENT TO ORDD\fANCE 56
FENCE ORDINANCE
The Council of the City ofSt. Joseph hereby ordains:
That Ordinance 56 is amended to read as follows:
Section 56.07: BORDER FENCE OR WALL.
c) A fence or wall constructed of maintenance-free materials may be constructed
adjacent to the property line so long as all parts oftne fence, including post
anchors, are located within the property of the owner and so long as the bottom of
the fence (exclusive of posts or anchors) is at least two inches above the ground.
F or purposes of this paragraph, the term "maintenance-free materials" shall
include stone, brick, stucco, or chain-link which is finished with a rust resistant
material or material \Nhicb is marketed as "maintenance-free fencimJ".
Section 56.12: RESTIUCTIONS ON FENCES OVER PUBLIC EASEMENTS. Fences
_...____~.........._....____M..._._H_....H....__..__._......____.__........__....m.__.__.____.........__..___..______....._.___........_H._._____.____....._.___.......__..__________._'H'_'
may on!v be erected over an easement if the landowner meets the requirements of St. Josenh
Ordinance Section 32.03(bi. If the request for the fence is apmoved. the Citvretains the rie:ht to
Ig51\dj.r.gJ.b.\?j1inslqY.{1~L1Q..[~m9.Y.f:_9L.l!.b.~t<;:.J.h~_f.9J}g~~:0.!~re !hd~TIfLi1.11.eJ:f.~J~?..ilLa.Jl:iJ.11anfler lYi.th
the City's casement use. If there is an emergencv necessitatine: immediate access 10 the
easement. the Citv reserves the iight to remove the fenee to obtain access to the easement. The
landowner sha11 bear all costs fen' removal and restoration of the fence in the event the landowner
is reLTuired to remove the fence for access to the easement or in the event the Citv removes the
f.9]l~~jn th.9.casLilLan emsags.;.DY_'L.J:'he Citv sp~jJically"reserves all rights of an easenU;~l1!
holder afforded under the common law of the State of Minnesota.
Section 56. I;}; PENALTIES/Rf::MEJ)IE::;. Violati()n .oftllis or4il1?-n(;~ .sll?ll coIls!itllte a ..
misdemeanor as defined in this Code of Ordinance. When conditions are made a part of the
terms under which this permit is granted, violation of the conditions is a violation ofthis
ordinance. The City of St. Joseph may also seek civil remedies, including but not limited to a
Court order directing maintenance or removal of the fence or injunctive relief prohibiting
construction or maintenance of a fence in violation of this ordinance.
This amendment is adopted the
be effective upon publication.
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
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I Deleted: 2
This amendment was published on
L:\CITY\ST.lOEi2006
By
Judy Weyrens, Administrator/Clerk
,2006.
AMENDMENT TO ORDINANCE 32
LIMITING ACTIVITIES IN PUBLIC EASEMENTS
The Council of the City of St. Joseph hereby ordains:
That Ordinance 32.03 is amended to read as follows:
Section 32.03: LIMITATION OF ACTIVITIES IN AREA OF EASEMENT.
a) The following activities by the owner are permitted in an easement:
1. Lawn.
2. Vegetable or flower garden.
3. Maintenance oflawn ornaments, lawn furniture, recreation and play
equipment and game apparatus which are not affixed or anchored to the
ground.
4. Driveway and sidewalks.
5. The use and maintenance of (a) (1,2,3) above by the landowner and
guests in a regular and intended manner.
b) All other uses, unless specifically permitted herein, shall be considered prohibited
and shall not be maintained on or in an easement, except by written permit
granted by the City after application pursuant to the following procedures:
1. The landowner shall submit a written request to the City
Clerk! Administrator describing the easement to be affected and the
proposed use for which permit is sought, together with an administration
fee as may be set by resolution of the City Council.
2. The City Clerk! Administration shall refer the request to the City
Maintenance Supervisor for consideration and recommendation. If the
easement to be affected by the request is a utility easement, the request
shall also be referred to the City Engineer for consideration and
recommendation;
3.
Based upon the recommendations received from the Maintenance
Supervisor and City Engineer, the City Administrator/Clerk shall make a
recommendation to the Public Works Director and the Public W01'ks
D.ilYstor .;;hallapP!ov~ordenx the reqlles!,tilk!ng !nto~onsideI<ltion the
stated purpose of this ordinance. Any approval must)Je accompanied by .
specific conditions or modifications to the original request as deemed
[..---.-.-....--..-..-.--....-...-...-..-...-....'
. Deleted: City Council and the Council I
--[ Deleted: make 1
appropriate to protect the City's interests; the permit must contain the
spedfic conditions to protect the City's interests.
4. Fences may only be erected over an easement if the landowner meets the
requirements of Section 32.03(b). If the request for the fence is approved,
the City retains the light to require the landowner to remove or abate the
fence where the fence intelferes in any maImer with the City's easement
use. If there is an emergency necessitating immediate access to the
easement, the City reserves the right to remove the fence to obtain access
to the easement. The landowner shall bear all costs for removal and
restoration of the fence in the event the landowner is required to remove
the fence for access to the easement or in the event the City removes the
fence in the case of an emergency. The City specifically reserves all rights
of an easement holder afforded under the common law of the State of
Minnesota.
c) Nothing stated herein shall deny the City the right to request a landowner to
remove or abate any permitted use or activity existing in the easement where the
use or activity directly interferes in any manner with the City's easement use, if
the City is currently engaging in the use or intends on engaging in the use. The
City specifically reserves all rights of an easement holder afforded under the
common law of the State of Minnesota.
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
This amendment was published on
,2006.
L:\CITY\STJOE\2006
AMENDMENT TO ORDINANCE 51
REGARDING BUILDING ORDINANCE
The Council of the City ofSt. Joseph hereby ordains that Ordinance 51 shall be amended as
follows:
Section 51.06: BUILDING NUMBERS AND KEY BOXES.
Subd. 1. Building Numbers. Building numbers are important in providing public safety
services as well as mail and other deliveries ot the affected buildings.
a) Placement and Specifications. The owner, lessor or occupant of every
industrial, commercial or other building in the City shall have a proper
building number on the building either by affixing to the building the
numbers in metal, glass, plastic or any other durable material. The
numbers shall not be less than four (4") in height in a contrasting color to
the base. The numbers shall either be lighted or made of some reflective
material and so placed to be easily seen from the street.
b) Maintenance. The occupant of the primary structure shall be responsible
for keeping the address numbers in good repair and clear of snow, dirt,
debris and other obstructions.
c)
Enforcement. The City may withhold all city liC:f:l1ses, applic~tions,and
permits from owners or occupants of primary structures if the address is
not placed or maintained in conformance with this Ordinance.
d) Penalty. Any person violating or failing to comply with this Ordinacne
shall be guilty of a petty misdemeanor.
Subd. 2. Kev Boxes. Where property is protected by an automatic alarm system, a
protected access to or within a structure, or access to an area on that property is unduly difficult
because of secured openings and where immediate access is necessary for public safety, life
saving, or frrefighting purposes, the fire chief may require a key box to be installed in an
approved location. The key box shall be of the tyupe approved by the fire department and shall
be the expense of the landowner.
a) Contents. The key box shall contain:
1. Keys to lock points of ingress whether on the interior or exterior of
such buildings.
2. Keys to lock mechanical equipment rooms.
3. Keys to locked electrical rooms.
{ Deleted: ic
4. Keys to elevator controls.
5. Keys to other areas as directed by the fire chief.
6. It shall be the responsible of the business owner to maintain a
current key in the key box at all times.
b) Waiver. The owner of every building of every property defined by
Section 56.06, Subd. 1 shall either assure that a key box is installed and
maintained in an approved location by the Fire Chief for the City of St.
Joseph or shall provide the St. Joseph City Administrator a written letter
dated and delivered between December I and December 29 of each year
indicating that they have not installed a key box pursuant to this Ordinance
and that in the event of any response by the City or its representatives,
they shan waive any claim for damages or trespass.
c) Penalties. If the key box is not installed and a waiver is not received, the
land owner shall be subject to a petty misdemeanor following failure to
either install the key box or provide the City with a written waiver after
ten (10) days written notice. A second offense within the same calendar
yar shall be punishable as a misdemeanor.
Section 51.07: COMPLETION DATE. With respect to any construction, alterations,
remodeling or other work for which a permit is required hereunder, the proposed work for which
a permit is issued shall be completed in its entirety within one year after issuance of the building
permit. If in one year after making application for a building permit, the work is not completed,
the applicant may request the Planning Commission to grant an extension for up to one year in
length. In the event of a violation of this provision, in addition to other remedies provided
herein, the City may proceed to fully or partially complete the permitted work, or remedy any
unsafe or unsightly condition, and assess the cost thereof, plus interest at the rate of eight percent
per annum against the property in question.
Section 51.08: WITHHOLDING OF PERMITS. The City of St. Joseph shan withhold
building permits from any contractor, property owner or other applicant who has any pending
violations with respect to the building code as adopted by the City of St. Joseph, any developer's
agreements to which the City of St. Joseph is a party, or other violation of the Code of
Ordinances of the City of St. Joseph. The City shall also withhold building permits from any
applicant who has had 3 or more violations ofthe building code, St. Joseph Ordinances, or of a
developer's agreement with the City of St. Joseph within one year ofthe application for the
building permit. Permits shall be withheld until all violations are remedied or for a period not to
exceed one year in the event of 3 or more violations within one year.
Section 51.09: CONSTRUCTION TIMES. Construction activities which result in noise
audible on property other than that on which the activities are occurring shall be prohibited
between the hours of7:00 p.m. and 7:00 a.m.
Section 51.10: PENALTIES/ENFORCEMENT. Any person who violates any ofthe
provisions of this ordinance is guilty of a misdemeanor. The City Building Inspector shall be the
enforcement officer of this ordinance.
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
This amendment was published on
,2006.
L:\CITYISTJOE\2006
AMENDMENT TO ORDINANCE 84
GENERAL P ARKlNG ORDINANCE
The Council of the City of St. Joseph hereby ordains:
That Ordinance 83 of the S1. Joseph Code of Ordinances is hereby revoked.
That Ordinances 35.13 of the St. Joseph Code of Ordinances is hereby revoked.
That Ordinances 52.10 of the St. Joseph Code of Ordinances is hereby revoked.
That Ordinances 53.02 of the S1. 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 of the zoning ordinance is to
establish standards for parking in the City of S1. JosephiJH?Id9I.J1L~psure th.~tJ.h~ CCill.1l11UlJm:
rernain,~ neat and attractive and that the value of real estate in the City be preserved. The
regulations provided herein shall apply equally to all dist11cts except where provided otherwise.
Section 84.02: DEFINITIONS. As used in this ordinance the following terms shall
mean:
Subd. 1: Semi Trailer. Every vehicle without mode of power designed for carrying
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 property, and which has a gross vehicle weight of 12,000 lbs. 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 Highwav. The entire width between the boundary lines of any way or
place when any part thereof is open to the use of the public as a matter of right or purpose of
vehicular traffic.
Subd. 6: Residents District. All that territory defined as either single family or
residential or multiple residential district in the zoning ordinance for the City of S1. 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 thereof from 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 of St. 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 84.08, 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 of twenty-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 determining the length of time a vehicle, trailer or other object remained
parked.
Subd.3: No vehicle shall in any case be parked upon a street, boulevard, or alley facing
in the opposite direction ofthe traffic flow. All vehicles must be parked on the side of the street
that traffic flows.
2
Subd.4. No vehicle shall park in an area that is not designated a streetor ~pey~ .
Specifically, no vehicle shall be parked on grass or other landscape material located off of.1l
street or alley~
Section 84.04: SPECIAL REGULATIONS IN CONGESTED DISTRlCT.
Subd. 1: It is hereby established that the district known as a congested district within
which the rules set fOIih in this section shall be enforced. The congested district shall include the
following streets: All of Minnesota Street, all of Ash Street between Second Avenue 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 period of not more than 30 minutes may be permitted 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, I 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.ill. 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.
't,_ ..
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Subd. i Upon application and payment of any applicable permit fees, the c:ity
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 information shall be considered grounds for denial of the permit.
No more than five permits 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 permit 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 I to April I during
the hours of2:00 o'clock A.M. and 7:00 o'clock A.M.
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.
3
..r Deleted: , boulevard, J
\.._____._~~__....._~__.__......_H___.~~_~..___.._...___.
'-------..----...-.-...-..---J
.., Deleted: , boulevard,
,.
Deleted: ~
Subd.4: No person in charge of a motor
vehicle, whether as owner or otherwise,
shall park or be pennitled to stand upon
any street or highway in the congested
district for more than 30 minutes between
the hours of2:00 a.m. and 6:00 a.m.
W11ess otherwise designated by
appropriate signs.'1
. .------
t Deleted: 5
Subd. I: No vehicle shall be parked in a manner obstructing a private driveway or
private roadway, or on a private driveway 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 driveway 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 portion 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. I: Declaration of Nuisance. The parking of the following vehicles in an area of
the City zoned R-I, 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 pri vate properties, bringing unhealthful and annoying 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
otherwise 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-I, R-2, R-3, or R-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-I, 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 owning,
driving or in charge of a truck tractor 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.
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.
Subd.3: RestIictions 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 generally, as provided by herein or by state law.
4
Section 84.08: OFF STREET PARKING
Subd. 1: Intent. The intent of this section of the zoning ordinance is to establish general
standards for off-street parking..i~ ()r9~J: !o CJ1~ll~e 11111t _1t1C _commu_nj1y re:IJlains rIca! _and ~tt~ac.!i\~e~ ._ __ -- -( Formatted: No underline
and that the value of real estate in the City be preserved. The regulations provided herein shall
apply equally to all districts except where special provisions provide otherwise.
Subd. 2: Scope of Parking and Loading Requirements.
a) In all zoning districts, off-street parking facilities for the storage of motor vehicles
for the use of occupants, employees and patrons of the buildings or structures
hereafter erected, altered or extended after the effective date of this Ordinance
shall be provided and maintained as herein prescribed.
Subd.3: General Parking Provisions.
a) Loading space shall not be construed as supplying off-street parking space.
Minimum parking dimensions shall meet the requirements of Section 52.10,
Subd. 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 ofthis
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 of land 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 shall be
the same as for similar use.
h)
l!11hLJ.:}_:-l~J}<;U?d_1:;Q.!.1iM. distD.91S on 1 and iY..mglLQ.Q..m!!i!ls <;;10.~'i1iJ}g_b_illlQ:i.D.gs.,
IJ,othingin this section shall be construed to prevent collective provisions of
Deleted: N
5
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. This provision allowing ofT-site parking shall only apply to land on which
there is existing buildin2:s. No off-site om'king shall be allowed for businesses
which are nroposed for raw or unimproved land.
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 Oliginal
building or structure when the same amount of space taken by the extension or
addition is provided by an enlargement ofthe 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 industrial areas. This distance shall be measured from the
intersection of lot lines.
k) Curb cut openings shall be a minimum offive (5) feet from the side property line.
1) All propeliies 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).
Tn) Drivewavs in residential areas which abut a bard surface roadway must be
constructed of a hard sUlface consisting of concrete. bituminous. pavement or
paver stone designed to drain and dispose ofsUlface \-vater. Recvcled bituminous
QL~911'a;:f;<J~5.h.?:lLR~J;l.mhilijl~~L~?S..fi.~1?1.?:;;'J:l.{':l1nil.ty~i1Lill.ljl1sluWi aLm:~[J?Y.,'ill..~.9.iJl
use permit.
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 District of St. Joseph. The amount of required
off-street parking in the Central Business District for existing or new uses and improvements to
existing buildings which do not increase the area used for commercial or residential/rental use
shall be detem1ined by the Planning Commission with approval by the City Council prior to the
issuance of a building permit. The amount of parking space required shall be based on the
anticipated demand for parking and loading space, the length of visits generated by the pmiicular
business, and the availability of other parking spaces in the Central Business District. The
Central Business District shall be located within the following boundaries: Properties lying to the
West of First Avenue NOltheast; lying East of Second Avenue Northwest; lying North of
Minnesota Street; and lying South of the east/west alley which is between Minnesota Street and
Ash Street. The lots within the Central Business District are: Lots 4, 5, and 11 through 15 of
6
Block 10; Lots 7 through 12 of Block 9, and Lots 7 through 12 of Block 4, all in the Original
Townsite of8t. Joseph.
a) Single family. 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 1fz) spaces for each single-
bedroom dwelling, two and one-half (2 1fz) spaces for each two-bedroom
dwelling, four (4) spaces for each three-bedroom dwelling, and an additional 1.25
spaces for each additional bedroom within the dwelling. 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 (1) 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.
f) Medical. chiropractic. dental or hospital out-patient clinics. One (1) space for
each one hundred ten (11 O} 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 accorrmlOdations are
offered and one (1) for each employee on any shift.
h) Elderlv (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 allev. 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.
I) 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
7
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 fifty (50) percent of gross floor area
devoted to storage. wamhouses and/or industry. 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 appropriate.
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) Plivate 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 MOltuary 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.
r) 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 fl oor 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 far each employee on the maximum shift.
2. Self-service. Three (3) spaces per bay for stacking purposes, plus a
minimum of two (2) additional spaces.
Subd.5: Parking Lot Standards. In all districts where off-street parking lots are
pern1itted or required such off-street parking shall be constructed and maintained subject ta the
following regulations:
a) These standards shall not be applicable ta parking provided for single family or
two family residences, public parks or other publicly owned property. Parking lot
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
8
ofthe 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
permitted in an industrial area are limited to Class 2 crushed granite which
conforms to the requirements ofMNIDOT specification 3138 with visual
evidence of further 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 useable condition, with
a hard surface consisting of concrete, bituminous, pavement or paver stone
designed to drain and dispose of surface water. Recycled bituminous or concrete
shall be prohibited except as pem-titted in an industrial area by special use permit
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,(ll!cr.e!~ c;ll~bs ~o.13~)~.
specifications shall be used,for allaut()mobil~ stops and for lill drive an~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 restiict the sight, orderly operation and traffic
movement within any parking area. Only signs necessary for the orderly
operation of traffic movement or parking regulation shall be permitted in any
parking area (e.g. visitor parking, deliveries, handicap parking). Such signs shall
not be considered part ofthe permitted advertising space and shall be subject to
signage regulations.
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.
9
,'j Deleted: w'bs shall be c ' 1
t;;~;;~~d'~~m"..~"=.~'c"=~"m"'"'='=."m."=l
"{Deleted: J
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 Wall/wall Interlock
traffic flow stall width to wall interlock width module Module
90 deg 2-way 9' 17.5' 17.5' 26' 61' 61.0
60 deg 2-way 9' 18.0' 16.5' 26' 62' 59.0
75 deg I-way 9' 18.5' 17.5' 22' 59' 57.0
60 deg I-way 9' 18.0' 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 except those for less than four (4) vehicles shall be graded
according to a drainage plan which has been approved by the City Engineer.
Catch basins, sumps and underground storm sewers may be required.
m) 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, striping, landscaping and screening.
p) Lighting. All lighting used to illuminate an off-street parking area shall be shaded
or diffused so as to reflect the light away from the adjoining property and away
from abutting traffic flow.
Subd. 6: Required Loading Berths. In connection with any structure which is to be
erected or substantially altered and which requires the receipt or distribution of matelials 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 on the basis of the following:
10
Gross Floor Area
square feet
5,000 to 16,000
16,000 to 4D,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) feet long and ten (10) feet
wide.
Section 84.09. PARKlNG. LOCATION AND USE OF TRAILER HOUSES AND MOBILE
HOMES
Subd. 1: Prohibitions. It shall be unlawful for any person to park, or to permit 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 of only one unoccupied trailer house in an accessory private 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: Licensing 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 84.1 O. PUBLIC P ARK PARKING
Subd. 1: Motor Vehicle Use. All vehicles, whether motorized or non-motorized, shall 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 considered motor vehicles.
~~..s<tiill1.84.:.U: IMPOUNDMENT. Anv vehicle left parked or ~tandingjn violatisln of
this Ordinance or the laws of the State of Minnesota may be towed awav pursuant to the
provisions of Minn. Stat. 169.041. as amended. Anv motor vehicle towed away and impounded
under this Ordinance or State law may be claimed or recovered after payment to the towing
authority of all towing and storage charges. The City. its agents and employees. sha11l1ot be
responsible for any damage done during towing and impoundment under this Ordinance or State
law.
Subd:.l.;.__1:i9tic~..9.f Imnoundment. Within forty eight (48) hours after a vehicle has been
impounded. the Chief of Police shall send written notice to the owner ofthe impounded vehicle
at his or her last known address as shown bv the records of the Department of Public Safety. If
the owner is unknown to the Chief ofPo]ice or an address cannot be found. the Chief of Police
11
shall publish at least once in the City's official newspaoer notice of the impounding, the license
number of vcbick the motor vehicle number of the impounded vchick and tbe name and type
.Qf.y~hkkjnll?.Q.llnQ~1L
Subd. 2: Sale of V chicle. If after the expiration of sixtv (6(l'l davs aile)" mailinp or
publishing: the notice set out in Subd. 1 the vehicle is not redeemed bv the owner or the owner's
agenL the City sha11 proceed to sell the impounded vehicle at public auction after first giving: at
J~i!m t\\!~ill..y_GLQ.Lgjj.Yl,-n.QtiS,t...Qf..~I!fh.1i.?kJt'>:'J2Ub HQ.~liQni!lJhe <;;.itL~Q[tki..ill.J}fw'1P-ill!er of the.
time and place onhe sale. The notice shall describe the vehicle to be sold. with reasonable
certainty. by manufacturer's trade name or make, motor vehicle number.. license number. and any
i-~b..Y.L~g..Ec.!!.cUY-id~llliJyingjllforQ1J!ti9n, an<UbsUlotL<<'\;'c..iihaH state to Wll0m..j.LgllY..Q.!}S<,.,.,t.~
records of the DepaJtment of Public Safety show the car belongs.. and if the name of the owner is
unknown. that f~lct shall be stated in the notice. If the name of the owner is known. the Citv shall
send that person a cop v of the published notice immediately after publication of the notice. The
City shall credit any money it receives after the sale to the City's general fund. At anv time
y,ithilJ....Qll~JJ.LY-~-'gJJjfterJ.ht;_1i.gls;:jfJh~J9ml~LmyJl~L~2.f the J!..tukk:.....\i.ill.U1.. ha;i."Qs:en ~9.MJ!QP-~g!I~,
upon apnlication to the Citv Council and presentation of satisfactory proof that the person was
the owner of the vehicle sold. that nerson shall be Raid the Droceeds of such sale. Jess the
n.~~~filigrY.~lP.Y..nii~2._t.b..~':'~Q.[,J!I!.9_.L~~s tlK..t.Q.:l:yj.ng,iillP-Q1!ngjllg.,gQ1~.,g&..Qh?1:.g:..~.ii...1!TIiL<.g;!.millislIatiy~:
fees as set f01ih in Subdivision 4.
Subd.3: Release of Towed Vehicle. Once aj] fines and impound fees are paid in fulL the
Citv Police Dej2artment mav release the vehicle to the respective partv and the towing cornpanv
jmp.mII1QJQ1..~!.1;J,lLt\1m...nQJ:jf:Lj:1K.~jlYJ?_Q!is,~...D...s;J2.i!..Ltmen..L9Lthe d1j.l~:J!ng....1Q~:!ill..mJ.l:le veJlli<k
was released.
SuDd. 4: 'rowing and Impound Fees. A towing charge in connection with the
impounding of any vehicle shall not exceed the alllount agreed upon in any current contract
J?etvv.:.s<mJ.h~..g.ty_QL';iL..JQ;i~!.LQ..D.QJ.D..r,.~!.illY.._4s..;;iwated ~arQ....~ ov'n..~~J:JJJ.s;.,.,~JIS.tS;;..QTI!':9S..m2Y-..Q.f
which shall be on file in the office of the Citv CJerki Administrator for public inspection and
reference. and the scheduled charges of the CUITenl contract is herebv made a part of this chanter
1\S f.\.illy.JJ..tli!_t9.J.b~..':2m1JS<.~ff~J:.LJMi....if.1i.~1..tQrtlLhf.reill. verb<liim.,..,JnJlgill1.i9.nJg t11fJ&Wi Q.g..fb.ill:...~?.,
an administrative fee. in an amount set bv Resolution of the City CounciL shall also be charged
to the owner of any vehicle found to be in violation of this ordinance. The administrative fee
shall be paid at the impound lot at the same time the towing fees are paid.
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 of the person actually parking the vehicle.
Section 84.13: REGISTERED OWNER. For purposes of this ordinance, the registered
owner is defined to include motor vehicle rental or leasing agencies and corporate owners. It
shan be a defense to any violation ifthe registered owner shows that on the date of the offense
title to the vehicle has been transfen'ed to another.
12
Deleted: '1
Section 84.11: AUTHORITY TO
REMOVE VEHICLES PARI<ED IN
VIOLATION OF THIS ORDINANCE.'I
'1
Subd. I: Any vehicle found parking in
violation of !his ordinance or the laws of
!he State of Minnesota. is hereby declared
to be a nuisance and lUay be similarly
abaled 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 dnly identified owner
thereof or his agent npon the payment of
fees hereinafter provided.'1
,!
Subd.2: A towing charge in connection
with the impounding of any vehicle shall
exceed the amount 8!,Tfeed upon in any
current contract between the City of SI.
Joseph and the duly designated garage
owner~ (l true and correct copy ofwhicb
shall be on file in the office ofthe City
Clerk! Administrator for pnblic inspeclion
and reference, and the scheduled charges
of the current contract is hereby made a
part of this chapter as fnlly and to the
same effect as if set forth herein
verbatim. In addition to the towing
charges, an administrative fee shaH also
be charged to the owner of any vehicle
fonnd to be in violation of this ordinance.'1
'1
Subd. 3: Before the owner or his agent
may be pennitted to remove the vehicle
impounded pursuant to this section, he
must furnish satisfactory evidence of his
identity and ownership of the vehicle and I
he must pay the fees for towing and
storage of the vehicle as set forth in !he
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 desi,b'llated as a
police "hold" without oral release thereof
from the Chief of Police or his authorized
representative.'1
Section 85.14: SEPARABILITY. Every section, provision or part of this Ordinance is
declared separable from every other section, provision or part, and if any section, provision or
part 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 shall be guilty of a 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
This amendment was published on
,2006.
L:\CITYISTJOE\2006
13
AMENDMENT TO ORDINANCE 84
TRAFFIC & MOTOR VEmCLES
The City Council for the City of S1. Joseph HEREBY ORDAINS:
That Ordinance 84.l1is amended to read as follows:.
Section 84.J.l.:I.MPOUND1v1EN'T' Any vehiclel~ftl'arkedorstandingin violation of
this Ordinance or the laws of the State of Minnesota may be towed away pursuant to the
provisions of Minn.Sta1. 169.041, as amended. Any motor vehicle towed away and impounded
under this Ordinance or State law may be claimed or recovered after payment to the towing
authority of all towing and storage charges. The City, its agents and employees, shall not be .
responsible for any damage done during towing and impoundment under this Ordinance or State
law.
Subd. 1: Notice ofImpoundmen1. Within forty eight (48) hours after a vehicle has been
impounded, the Chief ~f Police shall send written notice to the owner of the impounded vehicle
at his or her last known address as shown by the records ofthe Department of Public Safety. If
the owner is unknown to the Chief of Police or an address cannot be found, the Chief of Police
shall publish at least once in the City's official newspaper notice of the impounding, the license
number of vehicle, the motor vehicle number ofthe impounded vehicle, and the name and type
of vehicle impounded.
Subd.2: Sale of Vehicle. lfafter the expiration of sixty (60) days after mailing or
publishing the notice set out in Subd. 1 the vehicle is not redeemed by the owner or the owner's
agent, the City shall proceed to sell the impounded vehicle atpublic auction after first giving at
least twenty (20) days notice of such sale by publication in the City's official newspaper of the
time and place of the sale. The notice shall describe the vehicle to be sold, with reasonable
certainty, by manufacturer'strade name or make, motor vehicle number, license number, and any
other specifically identifying information, and the notice shall state to whom, if anyone, the
records of the Department of Public Safety show the car belongs, and if the name of the owner is
unknown, that fact shall be stated in the notice. If the name ofthe owner is known, the City shall
send that person a copy of the published notice immediately after publication of the notice. The
City shall credit any money it receives after the sale to the City's general fund. At any time
within one (1) year after the sale, if the foruler owner of the vehicle which has been sold appears,
upon application to the City Council and presentation of satisfactory proof that the person was
the owner of the vehicle sold, that person shall be paid the proceeds of such sale, less the
necessary expenses thereof, and less the towing, impounding storage charges and administrative
fees as set forth in Subdivision 4.
Subd. 3: Release of Towed Vehicle. Once all fines and impound fees are paid in full, the
City PoliceDepartment may release the vehicle to the respective party and the towing company
impound lot shall then notify the City Police Department of the date and to whom the vehicle
was released.
r---.----.------....-.
.~~5_~~_.______J
.( Deleted: 05
Subd.4: Towing and Impound Fees. A towing charge in connection with the
impounding of any vehicle shall not exceed the amount agreed upon in any current contract
between the City of St. Joseph and the duly designated garage owner, a true andcorreet copy of
which shall be on file in the office of the City Clerk/Administrator for public inspection and
reference, and the scheduled charges ofthe current contract is hereby made a part of this chapter
as fully and to the same effect as if set forth herein verbatim. In addition to the towing charges,
an administrative fee. in an amount set bv Resolution of the City COllnciL.;>hall alsobe charged
to the owner of any vehicle found to be in violation ofthis ordinance.-I.h.e a<li:oinistrill!'ys:jet;
shall be paid at the impound lot at the same time the towing: fees are paid.
Section 81.05: i\.UTHORITYTO REMOVE VEHICLES PARKED IN VIOU.TION
OF THIS ORDIN/.NCE.
Subd. 1: /.ny vehicle found parking in violation of this ordinance or the laws of the State
of Minnesota, is hereby declared to be a nuisance and may be similarly abatcd by, or under the
direction or at the request of a police officer by removing and impounding the vehicle by means
of towing or other,visc, and shall be surrendered to the duly identified owner thereof or his agent
upon the payment of fees hereinafter provided.
Subd. 2: /. tov/ing charge in conneetion '""ith thc impounding of any ',fehicle shall cxeeed
the amount agreed upon in any current contract botv,ieen thc Citj ofSt. Joscph and the duly
designated garage owner, a true and correct copy of which shall be on file in the offiee of the
City Clerk!/.dministrator for publie imljlection and referenoe, and the scheduled charges of the
current contract is horeby made a part of this chapter as fully and to thc same effect as ifnet forth
hcroin ',ierbatim. In addition to the to\ving charges, an administrati',ie feo of Five Dollars ($5)
shall also be charged to the owner of any vehicle found to be in 'iiolation of this ordinance.
Subd. 3: Before tho OViller or his agent may be permitted to romove the ','ehicle
impounded pursuant to this section, hc must furnish satisfaotory evidence ofms identit;, and
O"'.'ll61'ship of the vcJ:ricle and he must pay the fees for towing aRd storage of the ',"chicle as set
forth in the contract between thc City and the garagc, plus the administrative oharge hereinbefore
sot forth, aRd he shall sign a written roceipt for the vehiclo. It shall be unla"vful for any porson to
reclaim the vehicle so impounded 'i,ithout first paying all of the to\ving and storagc fees provided
hercin. The garage OVillor shall not rc1eaf;c any vehicle dcsignated af; a police "hold" 'i,iithout oral
rolease thereof from the Chief of Police or his authorized representative.
This amendment is adopted the _ day of
effective upon publication.
, 2006, and shall be
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
,
- -l Deleted: ofTwenty Dollars ($20)
This amendment was published on
L:\city\stjoe\2006
By
Judy Weyrens, Administrator/Clerk
,2006
AMENDMENT TO ORDINANCE 52
.zONING ORDINANCE
REGARDING R-2 TWO FAMILY RESIDENCE DISTRICT
The Council of the City ofSt. Joseph hereby ordains that Ordinance 52.28, Subd. 6 and Subd. 8
are amended as follows:
Section 52.28: R-2.TWQ,FMviIL Y RI;:SIDENCE PISTRICT
Subd. 6: Setback Requirements.
b) Side yard setbacks shall be ten (10) feet from the main structure and five (5) feet
from garage or accessory building. Where the side yard abuts a public right of
way, the side yard setback shall be thirty (30) feet from the main structure and any
garage or accessory structure.
Subd. 8: Site Coverage.
a) No structure or combination of structures shall occupy more than 30% of the lot
area.
b) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces
shall include all structures, parking spaces and driveway connecting the parking
space with a street or alley.
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
This amendment was published on
,2006.
L:\CITYISTJOE\2006
52.27-1
-( Deleted: J
- - -( Deleted: SINGLE
AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE
REGARDING GENERAL PERFORMANCE STANDARDS
The Council of the City of St. Joseph hereby ordains that Ordinance 52.12, Subd. 1, be amended
as follows:
Subd. 1: Accessory Buildings.
a) In all residential districts detached accessory buildings shall be located in the rear
yard. Accessorv buildings which require a building permit shall complv with all
yard requirements applicable to the principal buildin~ in the District. Accessory
buildings which do not require a building pennit shan not be located closer than
ilYS?i5) feet from the aQj.iljniniL~ide_QI..I~r IOJJine-,-Hov""{~.Y..9]':'_B1!ch3Q.~eS1iQ.lY
building shall be set back a minimum of 50 feet from the front street right-of-way
lines. ,All accessorybuil~ingsshall setback a.Il1inimum of fifty (50) feet from
front street right-of-way lines. Accessory buildings are further limited not to
exceed over one (I) story of sixteen (16) feet in height.
This amendment is adopted the
be effective upon publication.
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carib om, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2006.
L:\CITYIST.lOE\2006
Deleted: When located within ten (10)
feet of the rear wall of the principal
building they shall comply with all yard
requirements applicable to the principal
building in the district. Where accessory
buildings are to be located more than ten
(10) feet from a rear wall of the principal
building they shall not be located closer
than five (5) feet from an adjoining side
or rear lot line.
AMENDMENT TO ORDINANCE 52.09
PUD - PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT
The Council of the City of St. Joseph hereby ordains:
That Ordinance 52.09 is revoked in its entirety and the following language is enacted in
its place:
Section 52.09: PUD - PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT
Subd. 1: Purpose and Intent. The purpose of this section is to provide for the
modification of certain regulations when it can be demonstrated that such modification
would result in a development, which would not increase the density and intensity of land
use beyond that which would be allowed if no regulations were modified; would preserve
or create features or facilities of benefit to the community such as, but not limited to open
space or active recreational facilities, which features or facilities would not have been
provided if no regulations were modified, would be compatible with surrounding
development, and would conform to the goals and policies of the Comprehensive Plan.
Throughout this title, "PUD" shall mean the same as "planned unit development".
Subd.2: Benefit to the Public Intended. PUD's are intended to encourage the
efficient use of land and resources, to promote greater efficiency in public utility services
and encourage innovation in the planning and building of all types of development.
Planned unit developments shall demonstrate at least one of the following benefit to the
public. The applicant bears the burden of proving one or more public benefits exist:
a) Innovations in residential development that:
1. Pro actively and tangibly address the demand for housing for all economic
levels;
2. Provide greater variety in tenure, type, design and sitting of dwellings.
b) The reestablishment, preservation and/or enhancement of desirable site
characteristics such as natural topographic and geologic features.
c) A variety of housing types/ densities together with preservation of open
space/natural features within one development.
d) The creation of active and/or passive recreational opportunities and/or
facilities that would not have been provided if no regulations were modified.
Subd.3: Types of Planned Unit Developments - Where Permitted.
a) Two types of planned unit developments are hereby established subject to the
use regulations of the zone in which the PUD is proposed to be located and
provided to the standard of subsection B (immediately following) are
achieved:
1. Single-family PUD's, comprised of detached dwelling units on individual
lots, necessary streets rights-of-way to serve such dwelling units and any
common open space, recreational facilities or other areas or facilities.
2. Non-single-family POO's, comprised of (a) attached dwelling units,
detached dwelling units not on individual lots, retail, commercial,
recreational, office, service or industrial buildings, or any combination
thereof, the necessary streets and other public and/or private rights-of-way
to serve such uses, and any appurtenant common open space, recreational
facilities or other areas or facilities.
3. A POO may comprise both of the above types, subject to compliance with
the use regulations of the zone in which the PUD is proposed to be
located.
b) Planned unit developments may be located in any zone subject to use
regulations; provided, that:
1. Uses pennitted in the PUD shall be governed by the use regulations of the
underlying zoning classification or other generally applicable city
regulations governing permitted uses, including special district
regulations; and,
2. A Planned Unit Development for any parcel or track of land shall have a
minimum net site area for each zoning district as set forth below excluding
areas not suitable to development: '
a) Residential Districts - Twenty (20) acres minimum
b) B-1 Central Business District - Mixed use of a Permitted Use and a
multiple residential dwelling units will be allowed, but only if at
least 50% of the interior square footage (exclusive of the basement
or cellar) is used full time for a Permitted Use, and said permitted
and residential uses are not conflicting. The area consisting of
multiple residential dwelling units must meet the standards of
Section 52.29, Subd. 5 and 6; and said residential uses occupy only
the upper and/or rear portions of structures. Off-street parking
requirements shall be separately determined for the commercial
and residential uses in accordance with Section 52.1 O.
c) B-2 Highway 75 Business District and B-3 General Business
District - five (5) acres minimum.
2
d) LI - Light Industrial District - twenty (20) acres minimum
3. The design of a PUD shall take into account the relationship of the site to
the surrounding areas. The perimeter of the PUD shall be so designed as to
minimize undesirable impact of the PUD on adjacent properties and,
conversely, to minimize undesirable impact of adjacent land use and
development characteristics on the PUD.
4. Common open space shall be either held in common ownership by all
owners in the ptJD or dedicated for public use with approval of the City
Council. Whenever possible, common open space shall be linked to the
open space areas of adjoining developments. Common open space shall be
of such size, shape, character, and locations as to be useable for its
proposed purpose. .
S. PUD's will onlv be allowed on propertv that has been undisturbed for a
period oftwentv (20) years or more. PUD's will not be allowed on
propertv in ,\thich trees have been removed prior to the apnHcation for the
PUD.
~.- - - - -[ Formatted: Indent: Left: 0.75"
~- -- - - -[ Formatted: Bullets and Numbering
Subd.4: General Requirements/Permitted Modifications.
a) In General. In considering a proposed planned unit development project, the
approval thereof may involve modifications in the regulations, requirements
and the standards of the zone in which the project is located, and in the
subdivision ordinance. In modifying such regulations, requirements and
standards as they may apply to a planned unit development project the
standard identified within this subsection and the limitations set forth in this
subsections Band C (immediately following) shall apply. In order to be
granted any such modifications, the applicant shall demonstrate that the
proposed development complies with the purpose of this section. The
applicant shall bear the burden of supporting any change in requirements. The
city may increase any requirement necessary to make the project conform to
the purposes of this section.
1. Allowed Uses. Uses within the PUD may include only the uses generally
considered associated with the general land use category shown for the
area on the official Comprehensive Plan Land Use Plan. Specific allowed
uses and performance standards for each PUD shall be delineated in the
rezoning ordinance (if required), the development plan and the
development agreement. The PUD development plan and agreement shall
identify all the proposed land uses and those uses shall become permitted
uses with the acceptance of the development plan and agreement. Any
change in the list of uses presented in the development plan and agreement
will be considered a major amendment to the PUD and will follow the
procedure described herein relative to major PUD amendments.
3
2. Front Yard Setbacks. The requirements for minimum front yard setbacks
for the zone in which the planned unit development is located shall apply
to all exterior boundary lines of the site.
3. Distance Between Buildings. The planning commission shall set minimum
distances between structures to assure adequate sunlight and open space;
provided, that minimum distances required by building and fire codes
shall be met.
4. Buildings shall be designed to prevent the appearance of straight,
unbroken lines in their horizontal and vertical surfaces. No residential
building shall have a single exterior wall longer than forty (40) feet
without an offset in the exterior wall. Offsets between walls shall be at
least thirty-two (32) inches and shall not exceed ten (10) feet.
5. Building Height. B1,lilding height and corresponding setback requirements
shall be governed by the requirements of the underlying zone district
classification as set forth therewith.
6. All permitted, permitted accessory and/or conditional uses contained in the
underlying zoning district shall be treated as permitted, permitted
accessory and conditional uses in PUD overlay district. Uses not listed as
permitted or conditional in a specific district shall not be allowed in a
PUD unless it is found that the use is complimentary to the functionality
of the development and the other uses found therein
7. An increase in density may be permitted to encourage the preservation of
natural topography and geological features. The minimum lot size
requirements of other sections of this ordinance do not apply to a PUD
except that the minimum lot size requirements ofthe underlying zone shall
determine the maximum dwelling unit density of a total development. The
maximum dwelling unit density shall be determined by the area remaining
after appropriate space for street right-of-way >..y.()thf:r Pll!Jlic~~~ica!ions" .[ Deleted: s and any
such as but not limited to stann "\-vater detention ponds. trails and
parklands have been determined and subtracted from the total PUD area.
Excluded from the calculation of developable property shall be areas
which would normally not be developable, such as waterways or water
bodies, shorelands, flood plains, PTld the like in addition to crreasreqlltred . ([;-;;j;t;~;;;:;:jri-c~iJ;-l
for streets, parks, pedestrian facilities, storm water controls and placement
of public utilities. Wetlands can be utilized to determine the area of
developable land. The maxinmm density for multiple dwellings under the
PUD shall be one one-bedroom unit for each 2,500 square feet oflot area,
one two-bedroom unit for each 3,000 square feet oflot area, and one
three-bedroom unit for each 3,500 square feet oflot area and for each
additional bedroom (over 3) per unit, an additional 500 square feet oflat
4
area. If the property involved in the PUD includes land in more than one
zoning district, the number of dwelling units or the square footage of
commercial, residential or industrial uses in the POO shall be proportional
to the amount that would be allowed separately on the parcels located in
each of the underlying zoning districts.
8. Off-street parking and loading space shall be provided in each POO in the
same ratios for types of buildings and uses as required in the underlying
zoning district. The City may reduce the number of parking spaces in
commercial districts provided the PUD applicants submit information
demonstrating a reduced need for parking facilities (e.g. senior housing
complex, POO's featuring joint parking facilities, parking study,
proximity to and availability of bus service coupled with transit-friendly
design, etc). The reduction in off-street parking and loading space must be
pursuant to a special use permit with conditions set by the City Council.
9. The major internal streets serving each planned unit development shall be
functionally connected to at least one minor arterial or collector street as
defined by the comprehensive plan.
b) In Single-Family POOs. Single-fanlily POOs shall be subject to the following
limitations in modification of regulations in addition to those limitations set
forth in subsection a (above, entitled "pernlitted modifications of regulations,
in general")
1. The minimum lot size as required in underlying zoning classification may
be reduced by up to 15 percent; provided, that an area(s), not including a
critical area or storm water conveyance or storage facility, equal to the
combined reduction in lot area is set aside for the following:
a. Common useable open space comprising of landscaping and
facilities such as, but not limited to play areas, trails, picnic tables
and benches;
b. Areas containing significant trees as defined by the City;
c. Other non-critical areas, the preservation or creation of which
promote one or more goals and or goals and/or policies of the
comprehensive plan;
d. The applicant shall demonstrate that the area proposed to be set
aside creates a public benefit which would not exist if the
minimum lot size were not modified.
2. The minimum lot width as required within the underlying zoning
classification may be reduced up to 10 percent;
5
3. Required yard setbacks shall not be reduced.
c) Non-single-family PUDs. Non-single-family PUDs shall be subject to the
following limitations in modification of regulations in addition to those
limitations set forth within the underlying zoning classification.
1. When a PUD containing dwelling units is proposed on property having
more than one underlying residential zone, the total number of dwelling
units allowed may be deteffilined by totaling the number of dwelling units
allowed to be located on each portion of the PUD area located in a
separate zone according to the regulations of that zone.
2. The City, at its discretion, may allow the number of units arrived at under
subsection c-l (immediately above) be located anywhere within the
planned unit development subject to the PUD approval process set forth in
this chapter and provided that the City make a finding of fact that a public
benefit resulting from such action is present.
Subd. 5: Subdivision Requirements. The approval of a subdivision shall be
required of all projects which involve or contemplate the subdivision ofland and the
procedures set forth in the subdivision ordinance shall be followed concurrently herewith.
The approved final development plan shall be a binding site plan.
Subd.6: Pre-ApplicationJlnfoffilational Meeting and Concept Plan Required.
a) Informational Meeting. Prior to filing an application for Preliminary PUD
plan approval, the applicant of the proposed PUD shall arrange for and attend
an informational meeting with City staff. At such conference, the applicant
shall be prepared to generally describe their proposal for a PUD. The primary
purpose of the meeting shall be to provide the applicant with an opportunity to
gather infonnation and obtain guidance as to the general suitability of the
conformity to the provisions of this code before incurring substantial expense
in the preparation of detailed plans, surveys, and other data.
b) Following a pre-applicationJinfoffilal meeting, but prior to submitting an
application for preliminary plan approval, the applicant for a proposed PUD
shall submit to the City a general concept plan.
1. Purpose. The general concept plan provides an opportunity for the
applicant to submit a plan to the City showing their basic intent and the
general nature of the entire development without incurring substantial
cost. This concept plan is not considered an application for development.
Review and acceptance of the concept plan by City staff does not
constitute approval of the plan by the City. Review and acceptance of the
concept plan merely allows the applicant to initiate the development
6
process after an application has been submitted to the City. The concept
plan is simply an informal method of providing information to the
developer as to whether the plan is generally acceptable or whether the
plan has problem areas.
The general concept plan should include the following elements:
a. Overall maximum PUD density range.
b. General location of major streets and pedestrian walkways.
c. General location and extent of public and/or common open space.
d. General location of residential and non-residential land uses with
approximate intensities of development.
e. Staging and timetable of development.
f. Other special criteria for development.
Subd.7: Preliminary and Final Plan Approval Required.
a) Each PUD shall require preliminary and final approval.
b) If land subdivision is requested in conjunction with the PUD plan, both
preliminary and fmal PUD approvals shall be processed concurrently with the
platting procedures set forth in the City's Subdivision Ordinance. Required
data, parkland/fee in lieu of parkland dedication, design standards and
required improvements shall bethe same as per a conventional subdivision
and as set fOrtIl within the City's Subdivision Ordinance. In addition to the
data requirements itemized within the Subdivision Ordinance the application
shall also include information necessary to process the PUD preliminary and
fmal plan(s) as contained within this chapter. The City Administrator may
waive requirements determined to be redundant.
Subd. 8: Phased Development. Development of the project may be phased, in
which case each complete phase may be processed separately through both
preliminary development plan review and fmal development plan review. A map
showing all property owned or controlled by the developer which is contiguous to
the development site or which is within the area determined by the City to be
relevant for comprehensive planning and environmental assessment purposes,
together with a preliminary plat of said properties' eventual development through
all potential phases shall be submitted with the application for the fIrst phase. The
developer is not responsible for providing a preliminary plat for contiguous or
nearby property which is not owned or controlled by the developer. The
preliminary plat shall conform to the purposes of this section and shall be used by
7
the City to review all phases of the development. All phases of this development
shall conform to the preliminary plat, all conditions of approval and applicable
regulations.
Subd. 9: Preliminary PODs - Contents of Complete Application.
a) The applicant shall file with the City a preliminary plat plan which is
consistent with the requirements of the City's Subdivision Ordinance,
Ordinance 54. The preliminary plat plan shall include the following:
1. A legal description of the property proposed to be developed;
2. A map of the subject property and surrounding area determined by the
City to be relevant for comprehensive planning, enviromnental assessment
or zoning review purposes, which shall depict comprehensive plan
designations, zoning classifications and existing land uses and utility
mains/urban facilities including parks and streets;
3. A proposed site plan for the subject property depicting the following:
a. Identify all setbacks for lots and other areas of the development.
b. Identifv boundaries of areas of trees. /\.lso identify areas where there
are trees "eight inches in trunk diameter measu~ed four feet above the
base of the trun~
c. Designated placement, location, and principal dimensions of lots,
buildings, streets, parking areas, recreation areas and other open space,
landscaping areas and utilities;
d. If the developer owns or otherwise controls property adjacent to the
proposed development, a conceptual plan for such property
demonstrating that it can be developed in a compatible manner with
the proposed development;
e. Park and trail plan pursuant to Ordinance 54.18.
4. A conceptual landscape plan showing existing and proposed landscaping
including groundcover, shrubbery and tree species;
5. Drawing andlor text showing scale, bulk and architectural character of
proposed structures;
6. For single-family PUDs, a conceptual drawing depicting the number and
location of lots which would be allowed if no regulations were modified;
8
,f Deleted: Individual trees over J
>-_.-....~..._._..._~........~-_...._...._-_._-~..._-_......_-.......--..----
, 'I' Deleted: in areas to be developed or
. otherwise disturbed
7. Special features including but not limited to critical areas and site or
structures of historic significance;
8. Text describing conditions or features which cannot be adequately
displayed on maps or drawings;
9. A narrative stating how the proposed development complies with the goals
and policies of the Comprehensive Plan;
10. A narrative itemizing all proposed land uses (permitted, conditional,
interim, accessory) conditions related thereto (proposed arid as required
within the underlying zoning classification) and the extent of proposed
uses (i.e. number of units; density allowed via underlying zoning
classifications and density proposed for the PUD;
11. A narrative stating how the proposed PUD plan impacts adjacent property
owners;
12. A narrative describing proposed operation/maintenance of the
development including open areas, storm water features and recreational
facilities resulting from the subdivision;
13. If applicable, draft conditions, covenants and restrictions and other
documents relating to operation and maintenance of the development,
.. including all of its open areas and recreational facilities;
14. Information normally required within the underlying zoning classification
relating to site plan review.
15. Other information required by the City and the Subdivision Ordinance,
Ordinance 54..
b) The applicant may submit to the City Administrator director proposed
development standards, which, if approved by the City, shall be come a part of
the preliminary plan in lieu of the requirement of subsection a-2 of this section
for specifying placement, location and principal dimensions of buildings,
streets, and parking areas. This alternative process is intended to
accommodate the need for flexibility in large-scale non-single-family
developments, while insuring that sufficient information as to the nature of the
development is available upon which to base a decision concerning the
preliminary development plan. Proposed development standards shall
specifically set forth parameters for location, dimensions and design of
buildings, streets and parking areas.
Subd 10: Preliminary PUDs - Criteria for Approval
9
a) Preliminary PUD approval shall be granted by the City only if the applicant
demonstrates that:
1. The proposed project shall not be detrimental to present and potential
surrounding land use.
2. Land surrounding the proposed development can be planned in
coordination with the proposed development and can be developed so as
to be mutually compatible.
3. Streets and sidewalks, existing and proposed, are suitable and adequate to
carry anticipated traffic within the proposed project and an in the vicinity
of the proposed project, in light of the criteria set forth in the Subdivision
Ordinance and the comprehensive plan.
4. Services including portable water, sanitary sewer and storm drainage are
available or can be provided by the development prior to occupancy.
5. Each phase of the proposed development, as it is planned to be completed,
contains the required parking spaces, recreation spaces, landscape and
utility areas necessary for creating and sustaining a desirable and stable
environment.
6. The project conforms with the purposes and standards prescribed in this
chapter.
7. The project conforms to the Comprehensive Plan.
b) Conformance with the design standards and required improvements as set
forth within the Subdivision Ordinance.
Subd. 11: Preliminary PUDs - Minor and Maior Changes to an Approved
Preliminarv PUD.
a) A proposed minor change to an approved POO require a public hearing and
shall be incorporated into the application for final PUD approval, and any
notification regarding such final PUD approval shall describe the proposed
minor change(s). A "minor change" means any departure from the conditions
of preliminary approval which is not a "major change" and includes but is not
limited to the following:
1. Revisions to a number of dwelling units in a structure;
2. Revisions to number of non-residential structures;
3. Revisions to heights of structures;
10
4. Revisions to location of internal roads;
5. Revisions similar in nature to those above as determined by the City.
b) A proposed maj or change to an approved preliminary PUD shall require
reapplication for preliminary PUD approval and any notification regarding
such preliminary PUD approval shall describe the proposed major change or
changes. A major change is any departure from the conditions of the
preliminary POO approval which would result in any of the following:
1. Revisions to the approved design concept;
2. Revisions to the approved use(s);
3. An increase in the number of residential dwelling units;
4. An increase in square footage of non-residential structures;
5. A decrease in the amount of landscaping, site perimeter buffering, and
open space; and
6. An increase in traffic volumes or change in circulation patterns which
inlpacts surrounding development.
Subd. 12: Final PUDs - Contents of Complete Application. Within 12 months
following the approval of the preliminary PUD, the applicant shall file with the
City a final PUD conforming to the approved preliminary PUD. The final PUD
shall include all the requirements under the Subdivision Ordinance, Ordinance 54,
and the following information:
1. A survey of the property, showing for all areas to be developed or
disturbed existing features, including an identification of all setbacks for
each lot and the boundaries for the development, buildings, structures,
trees over eight inches in trunk diameter measured four feet above the base
of the trunk, streets, utility easements, rights-of-way, and existing land
uses;
2. Elevation and perspective drawings of project structures and
improvements;
3. Proposed final conditions, covenants and restrictions (CC&Rs) and other
documents relating to operation and maintenance of the development,
including all of its open areas and recreational facilities, which CC&Rs
and other documents shall be recorded upon final PUD approval;
11
4. Proposed final agreements which may have been required as conditions of
preliminary POO approval;
5. A development schedule;
6. The following plans and diagrams;
a. An off-street parking plan;
b. Landscaping and tree planting plan, including site grading;
c. P ark and trail plan cons is tent with Ordinance 54. I 8.
Subd. 13: Final POOs - Criteria for Approval. Final POO approval shall be
granted by the City only if the applicant demonstrates that the fmal POO substantially
conforms to the approved preliminary POO. For the purposes of this section,
"substantially conforms" means that, as compared to the preliminary POO, the final POO
contains no revisions in density, uses, design or development standards or in the site plan,
other than the minor changes pursuant to Subd. 11 of this section.
Subd.14: Final POOs - Failure to File - Termination.
a) In the event the final POO or any required attendant papers are not filed
within ninety (90) days following approval of a preliminary POO, except as
provided elsewhere in this Section or as noted in subsection b (immediately
following this subsection), the approval of the preliminary POO shall lapse
and the approval shall be deemed null and void and without force or effect.
b) When it is determined as part of the preliminary POO approval that the final
POO is to be phased, the final POO for the first phase shall be submitted
within 12 months of preliminary approval. The fmal development plan for
each subsequent phase shall be submitted within the schedule established at
the time of preliminary POO approval. In the case of a POO, which includes a
subdivision, the fmal POO shall be submitted within five years of receiving
preliminary approval.
c) The time period for filing of final POOs shall not include periods oftime
during which progress on the final POO was reasonable halted or delayed due
to the filing and pendency of legal actions challenging an approval granted by
the City pursuant to this Section; provided, that in all cases when more than
two years have elapsed subsequent to the date of approval of a preliminary
PUD the permittee shall be required to comply with all current building,
construction, subdivision and other applicable standards ofthe City prior to
being granted approval of the final POO; provided, that a change in zoning
district classification enacted subsequent to approval of the final development
plan shall not affect the project.
12
Subd. 16: Final POOs- Adiustments to Approved Final POO
a) The City Administrator is authorized to allow adjustments in accordance with
subsection b (which immediately follows this section) of this Section. The
City Administrator shall allow only such adjustments as are consistent with
guidelines established in subsection b of this section, and in no case shall an
adjustment be allow if it will increase the total amount of floor space
authorized in the approved final POO, or the number of dwelling units or
density, or decrease the amount of parking or loading facilities or permit
buildings to locate substantially closer to any boundary line or change
substantially any point of ingress or egress to the site.
b) For the purposes of this section, "adjustments" means any departure from the
conditions of final POO approval which complies with the following criteria:
1. The adjustment maintains the design intent and quality of the original
approval;
2. The amount of landscaping, buffering and open space shall not be
reduced;
3. The number of dwelling units in residential developments and the square
footage of structures shall not increase;
4. The adjustment shall not relocate a building, street or other use more than
20 feet in any direction and shall not reduce any required yard and/or
setback;
5. The height of buildings and other structures shall not increase;
6. Views from both stmctures on-site and off-site shall not be substantially
reduced;
7. Traffic volumes shall not increase and circulation patterns shall not
change;
8. Changes in colors, plant material and parking lot configurations are minor;
9. The adjustment does not add significant new environmental impacts or
significantly increase environmental impacts disclosed in the original
documents;
10. The City Administrator determines that the change will not increase any
adverse impacts or undesirable effects of the project, or that the change in
no way significantly alters the project.
13
c) If proposed amendments to an approved POO can not be classified as an
"adjustment", the POO shall be amended using the "Minor and Major
Changes to an Approved Preliminary POO"process described in Subd. 11
herein.
Subd. 17: Developers Ag:reement Required for Final POO. Prior to the
installation of required improvements mandated by the Subdivision Ordinance,
Ordinance 54, and prior to approval of the Final Plat for the PUD, the developer
shall enter into a contract with the City requiring that the developer furnish and
construct improvements required by Ordinance 54 at the developer's expense and
in accordance with plans and specifications to be approved by the City Engineer.
The City/Developer contract shall stipulate the type and extent of the
improvements to be constructed, the cost of construction, the construction time
schedule, the City's authority to inspect the construction and the amount of the
escrow deposit performance bond, warranty bond and labor and materialman
bond to be furnished. The City/Developer Agreement shall be in substantially
similar fonn and content as the attached City/Developer Agreement in Appendix
"B" of Ordinance 54.
Subd. 18: Operating: and Maintenance Requirements forPOO Common Open
Space and Service Facilities.
a) Whenever common open space or service facilities are provided within the
PUD, the POO plan shall contain provisions to assure the continued operation
and maintenance of such open space and service facilities to a predetermined
reasonable standard.
b) Common open space and service facilities within a POO shall be placed under
the ownership of one or more of the following:
1. Landlord control where only use by tenants is anticipated.
2. Property owners association, provided all of the following conditions are
met:
a. Prior to the use, occupancy, sale or the execution of contracts for sale
of an individual building unit, parcel, tract, townhouse, apartment, or
common area, a declaration of covenants, conditions and restrictions
or an equivalent document as specified in Milmesota Statutes shall be
filed with the City Administrator prior to the filings of the declaration
of documents or floor plans with the County Recorder's Office.
b. The declaration of covenants, conditions and restrictions or equivalent
document shall specify that deeds, leases or documents of conveyance
14
affecting buildings, units, parcels, tracts, townhouses or apartments
shall subj ect the properties to the terms of the declaration.
c. The declaration of covenants, conditions and restrictions shall provide
that an owner's association or corporation may be formed and if such
an association or corporation which shall maintain all properties and
common areas in good repair and which shall assess individual
property owners proportionate share of joint or common costs. This
declaration shall be subject to the review and approval of the City
Attorney. The intent oftrus requirement is to protect the property
values of the individual through establishing effective private control.
d. The declaration shall additionally provide that in the event the
association or corporation fails to maintain properties in accordance
with the applicable rules and regulations of the City or fails to pay
taxes or assessments on properties as they become due, and in the
event the City incurs any expenses not immediately reimbursed by the
association or corporation, then the City shall have the right to assess
each property its pro rata share of the expenses., Such assessments,
together with interest thereon and costs of collection, shall be alien on
each property against which such assessment is made.
e. Membership in the association must be mandatory for each owner and
any successive buyer and the association must be responsible for
liability insurance, taxes, and the maintenance ofthe open space
facilities to be deeded to it.
f. The open space restrictions must be permanent and not for a given
period of years.
g. Property owners must pay their pro rata share of the cost of the
association by means of an assessment to be levied by the association
which meets the requirements for becoming a lien on the property in
accordance with state law and the association must be able to adjust
the assessment to meet changing needs.
h. The by-laws and rules of the association and all covenants and
restrictions to be recorded must be approved by the City Council prior
to the approval of the final POO plan.
c) Staging of common open space. The construction and provision of all of the
common open space and public improvements and recreational facilities that
are shown on the [mal development plan for a POO must proceed at the same
rate as the construction of dwelling units or other private facilities.
Subd. 19: Termination of Planned Unit Development - Failure to Commence or
15
Continue Construction. If the construction has not been started within two (2) years from
the date of approval of the final PUD with an associated subdivision, or two years from
the date of approval of any other fmal PUD, or if construction has been commenced but
the work has been abandoned for a period of one year or more, and if no extension of
time has been granted as provided herein, the authorization granted for the planned unit
development project shall terminate and all permits and approval issued pursuant to such
authorization shall expire and be null and void.
The time period of commencing or continuing construction shall not include periods of
time during which commencement of construction or continuation of construction was
reasonably halted or reasonably delayed due to the filing of a pendency of legal action
challenging an approval granted by the City pursuant to this Section; however, in all
cases, when more than five years have elapsed subsequent to the date of approval of any
other final PUD with associated subdivision, or more than two years have elapsed
subsequent to the date of approval of any other final PUD the permittee shall be required
to comply with all cun-ent building, construction, subdivision and other applicable
standards ofthe City; provided, that a change in zoning district classification enacted
subsequent to approval ofthe final development plan shall not affect the project.
Subd. 22: Lots Subiect to Final PUD. All lots or other divisions of a subdivided
planned unit development shall remain subject to compliance with the [mal development
plan regardless of the fact of subdivision in compliance with the Subdivision Ordinance
or lot(s)/division(s) of a subdivided PUD where subsequently conveyed.
16
DRAFT CONTAINING THE CHANGES MADE BY THE PLANNING COMMISSION
ON AVe 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. I: Findings. The City Council hereby finds as follows:
a) Extelior signs have a substantial impact on the character and quality of the
environment.
b) Signs provide an important medium through which persons may convey a variety
of messages.
c) Signs can 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 adequate means of expression and to promote the econOlnic 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 ofthe community and threaten the health, safety and welfare
of the COl11l11unity. 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: Purpose and Intent. It is not the purpose or intent of this 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 of land, buildings and
landscapes and promote the attractiveness of the community; to ensure that signs
in the City are not a safety hazard to lives and/or property, to preserve order and
to encourage persons to erect permanent signs and discourage temporary and/or
portable signs.
c) Improve the visual appearance of the City while providing for effective means of
communication, consistent with constitutional guarantees and the City's goals of
public safety and aesthetics.
d) Provide for fair and consistent enforcement of the sign regulations set forth heFein
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 Sl.'Ilall, unobtrusive signs incidental to the principal use of a site in
all zones when in compliance with the requirements of this sign ordinance.
c) Prohibit signs whose location, size, type, illumination or other physical
characteristics negatively affect the environment and where the communication
can be accomplished by means having a lesser impact on the environment and the
public health, safety and welfare.
d) Provide for the enforcement of the provisions of this sign ordinance.
Subd.4: Severability. If any section, subsection, sentence, clause, or phrase ofthis Sign
Ordinance is for any reason h~ld to be invalid, such invalidity shall not affect the validity or
enforceability of the remaining portions of this Sign Ordinance. The City Council hereby
declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or
phrase thereof, irrespective ofthe 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 material.
b) "Balloon sign" - a sign consisting of a bag made of lightweight material
supported by helium hot or pressurized air which is greater than twenty four 24
inches in diameter.
c) "Canopy" - a roof like cover often of fabric 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 intermittent flashing light by means of animation. Also
any mode of lighting which resembles zooming, twinkling or sparkling.
e) "Illuminated Sign" - anv sign which has characters. letter figures. designs or
~)Ut!ine il1u))1ina~ed bY.llkctric ligO..h'U?rJJ!illLnou.;> tvbes aJi...!l.art of tI1c;;.~!1"p...IQP-Qr
or bv indirect lighting.
f) "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.
g) "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 sigri. The base of the sign shall be constructed of a permanent
material such as concrete block or stone. The sign face shall occupy at least 50%
of the monument sign. Signs should be constructed of materials either the same
as the principal structure or that appear the same.
h) "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 of this sign
ordinance, easements and other appUlienances 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.
i) "Pole sign" - see Pylon Sign.
j) "Pylon sign" - any freestanding sign which has its supportive structures anchored
in the ground and which has a sign face elevated above ground level by poles or
beams and with the area below the sign face open.
k) "Sandwich board sign" - any freestanding sign which is composed of two pieces
of flat, rigid material in the shape of a square or rectangle that are hinged at the
top and whose bottom edges rest on the ground so as to create a triangular shape
when being displayed.
1) "Shimmering signs" - a sign which reflects an oscillating, sometimes distorted,
visual image.
m) "Temporarv sign" - a sig!] that is not pemlanentlv affixed to the ground. a sign
that is not pelmanentlv affixed to any other pemlanent structure that is in turn
affixed to the ground. or a sign that is not capable.
3
n) "Wall" - any stn,lctqre which defines the exterior boundaties or courts of a
building or structure and which has a slope of sixty (60) degrees or greater with
the horizontal plane.
,p).. _ _ _'~W~1] ~igp~' _-. ,!nYJ2l!ildj~g ~ig!l_a1t!l~l.!~d_2aJ~1]~l.t~\. ~l!t_~i11P!l,eig;hteen (I_8)
inches of a wall, painted on the wall surface of, or erected and confined within the
limits of an outside wall of any building or structure, which is supported by such
wall or building, and which displays only one (1) sign surface.
Subd. 6: Permit Required.
No sign shall be erected. altered. reconstructed. maintained or moved in the city without
fir~t s~~lringJLQermit from tl!~.~itv. ..Thu:ont1<..nt offfie meSS.f\g5; or speech displayed OJ} the Sii!l~
shall not be reviewed or considered in determining whether to approve or deny a sign permit.
AImlicatiojl for 'U2-emlit shall be ill wllii.Q,g addressed -LQ th~ zoning..administrator and sha11
contain the fol1owim, infOImation:
!D._. natnJ;$ al!si..f!&'ldIJ<.:sses ofJlIe aRQlicant owners of the 3ii!11 and lo..t
.!:2L- the address at which any signs are to be erected;
c)
the lot block and addition at which the signs are to be erected and the street on
which they are to fTOnt
d)
a complete set of plans. showing the necessmy elevations. distances. size and
details tQ.fulJy and cle?sly represent the congruction anlLJ2lace of the signs:
lli. the cost of the sign:
f) type of sign (i.e. wa]] sign. monument sign. etc.);
g)
certification bvapplicant indicating: the application complies with all
requirements of the si gn ordinance; and
11)
if the proposed sign is along a state tnmk highway or interstate highway. the
11Pplication shall be accompanied bv proofthat the applicant has obtained a penn it
from the state for the si gn. .
The zoping administmtor sh~ll_Ji12p-rove or deny the sig!1J)ermit in an ~edited manner
no more than 60 days from the receipt ofthe complete application. including applicable fee. All
llemlits not apnroved or denied within 60 days shall be deemeslJmproved. If the permit is
denied. the issuing authority shall prepare a written notice of denial within 10 days of its
decision, describing the applicant's appeal rights under Section 525 15. and send it bv certified
mail. retu111 receiot requested. to the applicant
4
_ .. -! Deleted: I
r-
-. --r Deleted: two (2) feet
~
J
Formatted: Indent: Left: OS',
Hanging: 0.5"
Formatted: Indent: Left: OS',
Hanging: 0.5"
- '1' Formatted: Indent: Left: OS',
. Hanging: 0.5"
Formatted: Indent: Left: OS',
Hanging: 0.5"
Subd.'];_ general Provi~i911s. _ T!1~ f~l!o_~ing!,~gl!l~tj(:ll:!S_ s_h~l1_app!y_ ~o_ l!1L ~igI!~ !1~l~?ft~r_ _ ._ . . -{ Deleted: 6
permitted,:_ __ __ _ __ __ __ ______ _ ... __ __ _ __ __ _ _ __ -{ Deleted: in all districts
a) Signs shall not be permitted within the public right-of-way or easements, except
as erected by an official unit of government or public utilities for the direction of
traffic or necessary public information, unless approved by the appropriate
government entity.
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 permitted
in any distri ct.
d) No sign shall be placed that resembles any official marker erected by a
governmental agency or shall display such words as "stop" or "danger".
e) No sign shall be permitted to obstruct any window, door, fire escape, stairway or
opening intended to provide light, air, ingress or egress for any building or
structure.
f) Where a sign is an illuminated sign, the source of light shall not shine upon ~my
part of a residence or into a residence district or any roadway.
g) Oneill sign, regardless of its type, shall be permitted on each parcel of property
in any residential district, and el!cp_ sjgJ!~_ sp_a!l )~_l!J:!lit~c1. !o_ ?l:!. (:r~e:r~lJ _a!"e:.a_ ~t sjJS _ __ _ __ .-[ Deleted: each side. of any
(6) square feet. The limitations stated in this provision can only be modified
according to Subdivision 119.f ~s ?e:.ctio.!l:_ _ __ __ __ _ __ __ __ __ _ _ __ __ _ _ _ ___ __ __ _, -- -- -{ Deleted: 13
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 traffic on a street.
5
k) Signs which may be or may hereafter become rotted, unsafe or unsightly shall be
repaired or removed by the owner or lessee of the property upon which the sign
stands upon notice by the Building Inspector. The owner, lessee or manager of
any sign that contacts the ground and the owner of the land on which the same is
located shall keep grass, weeds and other growth cut and shall remove all debris
and rubbish from the lot on which the sign is located. If the owner, licensee or
owner of the property fails to act in accordance with this paragraph, the City may
remove the sign in question upon the direction of the City Council, and all costs
incurred for removal may be charged to the owner ofthe sign and if unpaid,
certified to the County Auditor as a lien against the property on which the sign
was located.
1) No sign shall 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. at the time t.hat a :germit for the sign is
applied for. 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 plac~d.
p) No sign shall exceed 250 square feet in sutface area.
q) Except for monument signs and temporary signs, the sutface 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 ofthe Building
Code.
Subd. ~. T.~~P.9~~ry .Sig~s,
a)
&, A fee set fqrth !Jy _r~soJlltjol1 '!:Pplie~~q fiP~I<J:lit f(H. t~!1:lP.or,!ryor.porta~!e
slgns.
b)
Maximum Size. The maximum size of a portable 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 of time that a portable or temporary sign can be located
on a property is limited to forty (40) days in anyone calendar year only after
application has been approved for location and placement.
6
. __ - -{ Deleted: 7
:. . - [Deleted: Penmt RequIred
Deleted: Temporary or portable signs
are allowed in any district only by permit.
The City shall not review or consider the
I content of any message to be displayed
on any portable or temporary sign when
I detennining whether to grant a pennit.
d) Illuminated .Si gns. Illuminated signs. whether temporal)' or portable, ~hall)l'!.v.e. a. . .' . . .{ Deleted: signs
recognized seal of approval of listing from Underwriters Laboratories Inc. (UL)
or other recognized electrical standard and installed in conformance with the
listing or, if more restricted, the National Electrical Code as adopted by the State
of Minnesota.
e) One Sign Per Parcel. There shall be no more than one temporal)' or portable sign
per parcel of property. In the event that there are multiple tenants on a single
parcel of property on which temporal)' or portable signs are allowed, not more
than two portable signs shall be located on the parcel at any given time. One
portable sign will be allowed per strip mall site within the B-2 district.
f) Ground Fault Circuit Interpreters. The internal wiring of an illuminated outdoor
sign that is temporal)' or portable and readily accessible shall be supplied from,
and protected by, ground fault circuit interpreters.
g) Extension Cords. Extension cords used to supply power to portable or temporary
signs shall be enclosed in metal conduit or elevated at least nine (9) feet above the
ground to prevent tripping or electrical hazards.
h) Anchors. Anchors for portable or temporal)' signs shall be subject to approval by
the Building Inspector and maintained to prevent displacement or tipping over
during high winds.
Subd. :t,:, ~!'~rnpti()1?s. ,.TJ.l<:: f~no_\\li!lg_sign. sh~!l,n.o! Ic:quj.~~_ a,2c:f!11.:i!.. I1.U~ .e.2'~rn'p~i()1?,- _ . __" ..-( Deleted: 8
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 ofthe display
surface on a painted or printed sign only. This exemption, however, shall apply only to poster
replacement and/or on-site changes involving sign painting elsewhere than directly on a building.
Subd..lQ: Permitted Signs: Business Districts. __ __ . -( Deleted: 9
---~ - -- ---------------------------~---
J
a) Wall Signs. Each tenant other than those in multi-tenant buildings may have one
flat wall sigIl"..1i!l~l.! ~iE!l~g~ !ll.ay .e.2'!~n_dJI<2rn .tJ.lc: f'!.c~ .of .th~ r~oLoy~t:. ~ S:Qy~~<J . __ __ . . ~ Deleted: not extending more than 18
walk. Such wall sians shall not exceed 15'}O of the area of the wall to which the --, inches from theface of the building
b --".. except that
sign is attached, to a maximum of 96 square feet. "
'i Deleted: s
b) Monument Signs. ,gac;h, !xpant,,<2t)1c::~ !h31P.ti!-()s.e j!l }1!1!l!i:t~p8.:I!t.b_uil<:1ings J~8.:y. ..' , ..___ . ..-( Deleted: Uses
have a monument sign that shall not exceed 80 square feet.m.~l!lfCl:c.e_a!~8.:,.a,n~ .I,5...... -( Deleted: per
feet in height, and is setback a minimum 20 feet from the property lines.
c) Multi-Tenant WalJ Signs. Each tenant in a multij~!lCl:I!t .bJ-lil.9!I!K J.P31Y P31Y~? j1.a~ __ ,,' .. 'f Deleted:
wall sign.: .'T,h~ ,agg!:ega~e 8.:t:etlof ~Ilc;h_ sigt:l~ ~4.a!lIl(~te~cf:e<:15~ooftJ.lf: tlt:.ea _oftl1e I Deleted: , not extending more tban 18
wall to which they are attached. incbes from the face oftbe building
7
d) Multi-Tenant Monument Signs. One monument sign shall be permitted for each
multi-tenant building provided the surface area of the sign does not exceed 100
square feet, per side, and 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 developments 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% ofthe canopy area.
Internally-illuminated canopies must be compatible with the overall color scheme
of the building.
Subd. 1].:_ Design Standards for Downtown_and Htg;h Visibility Conido!s. _ _ _ _ _ _ _ _ _ _ _ _' - - .{ Deleted: 0
a) Design Standards for B-1 Central Business District. The following standards
pertain to signs within the B-1 Central Business District and are in addition to,
and supersede, other standards contained herein.
1. Pylon and free-standing pemlanent signs are prohibited in the B-1 District
directly adjacent to JYHIm!;,S91\l",Stn~et; t:x,cept (me l1101111rnell! ~ig11l11ayl)e ... .
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. This provision applies only to the
design and appearance of the si<Tl1age and not to the message contained
thereon.
4. Illuminated signs should feature indirect lighting that is shielded from
view unless ornamental in nature. Signs capable of being lit in the
evening should limit the view of such lights from motorists and
pedestrians.
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
withouta recognizable style, the sign shall adopt the decorative features of
the building, utilizing the same materials and colors.
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.
8
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 the lowest point of the projecting 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 of property.
b) The sandwich board sign does not exceed 36" in height or 30" in
width.
c) The sign is displayed only during normal operating hours of the
business on the parcel of property 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.\~eather and...\y~nAr~~i~~!11 ~..a1ertals_ Qf.. _ _ _ _ _ _ _ -' -l Deleted: of superior quality. weather ]
s..lJ.Rerior quality. --",r Deleted: I 1
g) The sign is not affixed to the sidewalk, other signage or temporary
or permanent structure.
h) The maximum aggregate square footage of allowable sign area is
not exceeded,
9
i) The sign owner provides proof of liability insurance listing the
City as an additional insured and holding the City harmless~the
same time it applies to the Citv for a permit for the si!ln.
b) Design Standards for Properties ~tl1 J{iglnYtiy/fr-eewayYisibili1:y,T4e. folloyvil1g ... .. .' - -( Deleted: W
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 this 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.
This provision armJies onlv to the design and apRearance of the sign age
and not to the message contained thereon.
5. The use of natural color palettes in freestanding signage is higWy desired.
6. All freestanding signs shall employ landscaping that is aesthetically
pleasing and complimentary to the quality of uses within the area.
Subd. 1l: N"on~G()nfor:rning~igl1s:Gol1lpli':lnce: J~ ~s_r~C;()gni:z;edthllt_ s.igl!s. e::xi~~'Yitl1~ll .. m . . - ~ Deleted: 1
the zoning districts which were lawful before this sign ordinance was enacted, but will be
prohibited under the terms of this section. It is the intent of this sign ordinance that
nonconforming signs shall not be enlarged upon or expanded, nor be used as grounds for adding
other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign
ordinance to permit legal nonconforming signs existing on the effective date of this sign
ordinance to continue as legal nonconforming signs provided such signs are safe, are maintained
so as not to be unsightly, and have not been abandoned or removed subject to the following
provisions:
a) No sign shall be enlarged or altered in a way which increases its nonconformity.
b) If the use of the nonconforming sign or sign structure is discontinued for a period
of one year, the sign or sign structure shall not be reconstructed or used except in
conformity with tbe provisions of this ordinance.
10
c) Should such nonconforming sign or sign structure be damaged or structure be
destroyed by any means to an extent greater than fifty (50) percent of its market
value and all required permits for its reconstruction have not been applied for
within 180 days of when the sign or sign structure was damaged, it shall not be
reconstructed or used except in conformity with the provisions of this ordinance.
d) Should such sign or sign structure be moved for any reason for any distance
whatsoever, it shall thereafter conform to the regulations for the zoning district in
which it is located after it is moved.
e) No existing nonconforming sign shall be enlarged, expanded or moved except in
changing the sign to a sign permitted in the zoning district in which is it located.
f) When a parcel of property loses its nonconforming status all signs devoted to the
property shall be removed and all signs painted directly on any structure on the
property shall be repainted in a neutral color or a color which will harmonize with
the structure.
Subd. U;.. ~~gns in ;P-evetopil!g.. ~ul?divts!o..ns. R~r!n.K tp.~ ..d~y~l.?p~..e!1~ ~t ~ !l~~.. . . _ _ _ . _ .,' .( Deleted: 2 1
subdivision consisting of two (2) or more lots, there shall be allowed two (2) signs in the
subdivision, not to exceed twelve (12) feet in height. AJ:~~.,i~ ~~Clujre(j.1.:<2 !J~..p.a~d. fOT .!h.es~s!gJ1s,,~ .._ . .' i Deleted: pennlt J
as set by Council resolution. The City shall not review or consider the content of any message to ;. ,"," .{ Deleted: for the placement of J
be displayed on such signs when determining whether to grant a permit. In addition to the signs . .-( Deleted: and a fee paid J
mentioned above, there shall be,per!l1i1:t<::cl. O!l~ m.sigIl. !l<2~~c~~cl.i!1g JQllrJ.4 2 .sgll~r~ J~e_t,. a.n.d.. { Deleted: allowed, withont a permit, .J
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 ofthe 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. 1.1: N.9n-C;:om!l1..e!ci~1. Speed].. ~oJ~itp~~!lgip.g_apy _oJh.~r 'p!Q~i~~op~ _of Jh.i~ ~!gp_ _ .. .' .. - -( Deleted: 3
ordinance, all non.commercial signs of anv size may be posted in anv number from August 1 in a
state general election vear until ten (l0) davs following the state general election, and all signs
with a surface area of ~~'lu..ar~ fe~! Q:r:.1.e~~ c,;Q:f1.~i}1!:f1.g !lQ:f1.-S:Q~!:f1.e!<::i.aL ~e_e~h. !:f1.ay_l?e_2Qs!~d. _ _ _' .' - .{ Deleted: ] 00
from~igpl (8) _":'e.e!<~ P!i.?:r:. !o.. ~:f1.~ sJ>.egjal.eLe.c!iQ!l.u.!l!i!. ~~v~p _en g~~sJ.o!lQ'Y.il!g ~h~_sp~<::i.a! _ _. .. .. ...'1 Deleted: September] in any general
election. Si ans permitted under this Subdivision shall be set back a minimum distance of no less election year until seven (7) days
.0 followmg the general electlOn and
than fifteen (15) feet from the curb line, shall not be on any public right-of-way, and shall not be
permitted on school property or any other public lands.
Subd. Q:.. ~l,ll>stitllti()I? ~lausc:.. Thc:.oY".ner (If ~IlY ~ig!1_'Ylp.c:;l! is ()th~~i.s~ .aU2'Yc:g jJy .tl~~. . - - .{ Deleted: 4
sign ordinance may substitute non-commercial speech in lieu of any other commercial speech or
non commercial speech. This substitution of copy may be made without any additional approval
or permitting. The purpose of this provision is to prevent any inadvertent favoring of
commercial speech over non-commercial speech or favoring of any particular non-commercial
speech over any other non-commercial speech. This provision prevails over any more specific
provision to the contrary.
11
This amendment is adopted the
be effective upon publication.
This amendment was published on
L:\CITY\STJOE\2006
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
,2006.
12
ORDINANCE 112
AN ORDINANCE REGULATING EXTERIOR SOLID FUEL-FIRED HEATING DEVICES
The Council ofthe City ofS1. Joseph hereby ordains:
That the St. Joseph Code Book is amended by the addition of Ordinance 112. Ordinance 112
shall state as follows:
"Section 112: EXTERIOR SOLID FUEL-FIRED HEATING DEVICES
Section 112.01: INTENT AND PURPOSE. The purpose of this Ordinance is to
establish minimum standards for exterior solid fuel-fired heating devices, including both a
minimum setback from property lines and installation requirements. These requirements are
developed to minimize the potential nuisances created by these appliances, such as smoke and/or
cinders.
Section 112.02: EXTERIOR SOLID FUEL-FIRED HEATING DEVICES.
Subd. 1. Definitions. The following words and terms, as used in this subsection, shall be
construed as herein defined.
Exterior Solid Fuel-Fired Heating Device - An external device designed for solid fuel
combustion so that usable heat is derived for the interior of a building, and includes solid fuel-
fired stoves, fireplaces, solid fuel-fired cooking stoves, and combination fuel furnaces or boilers
which bum solid fuel. Solid fuel-fired heating devices do not include natural gas-fired fireplace
logs.
Public Nuisance - Maintaining or pennitting a condition which unreasonably annoys,
injures or endangers the health, morals, decency, safety, or public peace so that such activities
affect the comfortable enjoyment of life or property.
Subd. 2. Pem1its. A mechanical permit shall be required to install any exterior solid
fuel-fired heating device within the City.
Subd.3. Additional Requirements.
a. Exterior solid fuel-fired heating devices shall be located at least seventy-
five (75) feet from any property line and shall not be located in the front
yard.
b. All exterior solid fuel-fired heating devices installed or purchased within
the City are required to meet the emission standards currently required (or
as may be amended from time to time) by the Enviromnental Protection
Agency (EP A) and Underwriters Laboratories (UL) listing.
c. All exterior solid fuel-fired heating devices are subject to regulation as
PiUblic nuisances as described in this Section.
d. Dense smoke, noxious fumes, gas and soot, or cinders, in umeasonable
quantities, are declared a public nuisance and are hereby made subject to
regulation and control by a properly designated authority.
e. All exterior solid fuel-fire heating devices installed within the City shall
be listed and labeled by a nationally recognized testing laboratory and
installed according to the manufacturer's recommendations.
f. The follow material shall not be used or burned in exterior solid fuel-fired
heating devices: grass leaves, oils, rubber, plastics, tires, railroad ties,
construction debris, and painted or chemically treated materials such as
treated lumber, composite shingles, tar paper, insulation composition
board, sheetrock, wiring, paint, and hazardous and industrial solid waste."
This Ordinance is adopted the
be effective upon publication.
day of
,2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
This Ordinance was published on
, 2006.
L:\CITY\STJOE\2006