HomeMy WebLinkAbout2006 [10] Oct 18
CITY OF ST. JOSEPH
www.cityofstjoseph.com
st. Joseph City Council, Planning Commission
and Economic Development Authority
October 18, 2006
4:00 PM
Administrdtor
ludy Weyrens
The St. Joseph City Council will be meeting in joint session with the St. Joseph Planning
Commission and Economic Development Authority. The first part of the meeting will be a
discussion on EDA activities. The second part of the meeting will be an update for the Council
on proposed amendments to the Zoning Ordinance as recommended by the Planning
Commission.
MdYor
Richdrd Cdrlbom
Councilors
AI Rdssier
Ross Rieke
Renee Symdnietz
Ddle Wick
2.)" College Avenue North' PO Box 66s . Sdint. loseph. Minnesotd )"6374
Phone ,2.0.,6"72.01 FdX ,2.0.,6,.0,42.
MEMO,
TO:
Planning COlllil1ission and Judy Weyrens
FROM:
Tom Jovanovich
RE:
Ordinance Changes Requested by Planning Commission at September 19,
2006 Meeting
OUR FILE NO.:
25077
DATE:
Octoher3, 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 Plamling Commission at the September 19, 2006 meeting. If there are no
further changes to these Ordinances, they should be forwarded to the City Council for review and
consideration for approval. The Ordinances changed by the Planning Commission on 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 of this added
provision regarding conditions to be listed on the pennit, 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
asset 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 andlor 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 ofthe 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 011 the placement ofa 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 NFPA l3D 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 concernofthe Planning Commission had to do with the enforcement section
ofthe Ordinance, which stated: "The City may withhold all City licenses, applications, and
pem1its from owners or occupants of primary structures if the address is not placed or maintained
in confonnance 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 Chief has the authority to request that a person place a key box
on a required building. If the 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 Parkin~ Ordinance. The last revision had two
amendments to Ordinance 84. One was the Gene~al 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 thatthe 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 pm'ase 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 j entitled, "Intent," should read:
The intent ofthis section'ofthe 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: Zonin~ 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 DevelopmentOverlav District. The
Plamling 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 oflimitations 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 maxirtmm
number of units which can be developed. Accordingly, I don't see a need to hire a plamler to
attempt to detennine 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 Mimlesota Cities. This Ordinance also
contains the changes suggested by the Planning Conimission on August 31, 2006. Please review
this carefull y.
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. AccOTdingly,
we have placed a definition for illuminated sibTJlS in the Si.6'TI 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 ORDillANCE 56
FENCE ORDillANCE
The Council of the City of St. 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 pmis of the 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.
For purposes of this paragraph, the term "maintenance-free matelials" shall
include stone, brick, stucco, or chain-link which is finished with a rust resistant
material or material which is marketed as "maintenance..free fencimE".
;';-99.1!.Q1l.i(iJ_LE,.I~~DSIt,;;..JJ..QN.S Q..N.l:];kJS:J.;~._QYEJ3..J:'lJ.Jl1Ic...f.;.l),,~ill..M&l:fnLJ2m~:~1i
mavonlv be erected over an easement if the landowner meets the requirements ofSt. JosenD
Ordimmce Section 32.03(b). Ifthe request for the fenee-is apnroved. the Citv retains the rirrht to
l~gJljre th~lll..ll.<iowIl..('<1:jIll:f<Dl.Q"'y':~...QL.ill!atG.J.l.lt...fellfe where tht..fu.m;f:...illl~r:ff..~E.iLLa.llv m..am").er \\lith
the City's easement use. If there is an emergencv necessitatinrr immediate access to the
easement. the Citv reserves the light 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 Citv removes the
ft]lc~jll.. the ca!if.. of an S:l"illm{_enCl_The ()tl'.1il2.ccificallv reserves al 1 rjQht~QfJll1 easement
holder afforded under the commoniaw oftlle State of Minnesota.
Section 56.12'; I>ENPJ:" :rIESIREM~1) IES" y\olati()n orthis ordin~l1~~sl1allcon_s!itute a
misdemeanor as defined in this Code of Ordinance. When conditions are made a part of the
terms under which this pemlit is granted, violation of the conditions is a violation of this
ordina~ce. The City of St. Joseph may also seek eivil 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
,-_,,,_,,,__,___,,__,"_~_'_'_'_______'M"l
.1 Deleted: 2 J
This amendment was published on
L:\CITYISTJOE\2006
,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 pelmitted 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 administratian
fee as may be set by resalutian of the City Council.
2. The City Clerk/Administration shall refer the request to the City
Maintenance Supervisor for cansideration and recommendatian. If the
easement to be affected by the request is a utility easement, the request
shall alsa 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 Administratar/Clerk shall make a
. recommendation to the Public Warks Director and the Public Warks
I2i!:Q~.1Q1.:"s~al1apP:rove ,ordeny the reques!,t~king into ~onsideratian the
stated purpose of this ordinance. Any approval must,be accompanied by
specific conditions or modifications to the original request as deemed
,r'D~j;t;d~-~';;c~;;;~ii-;;d;h~-c~~;~iD
r Deleted: make J
appropriate to protect the City's interests; theperrnit must contain the
specific 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 right to require the landowner to remove or abate the
fence where the fence interferes in any manner with the City's easement
use. I.fthere 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 cUITently 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 Mimlesota.
This amendment is adopted the
be effective upon publication.
day of
, 2006, and shall
CITY O;F ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2006.
L:\C1TY'STJOE\2006
AMENDMENT TO ORDINANCE 51
REGARDING BUILDING ORDINANCE
The Council of the City of St. Joseph hereby ordains that Ordinance 51 shall be amended as
follows:
Section 51.06: BUILDING NUIviBERS 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 dumble material, The
numbers shall not be less than four (4',') in height in a contrasting color to
the base. The number$ 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 siJ:ylic;t::nses, applica.tions, aIld "
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. Key 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 opemngs and where immediate access is necessary for public safety, life.
saving, or firefighting 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 S1. Joseph City Administrator a written letter
dated and delivered between December 1 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 shall 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 wlitten 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 pennit 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 shall withhold
building pem1its 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 S1. 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 of the building code, S1. Joseph Ordinances, or of a
developer's agreement with the City of S1. Joseph within one year of the 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 of3 or more violations within one year.
Section 51.09: CONSTRUCTION TIMES. Construction activities which result in noise
audible on property other than that 011 which the activities are occuning 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 of the
provisions ofthis ordinance is guilty of a misdemeanor. The City Building Inspector shall be the
enforcement officer ofthis ordinance.
This amendment is adopted the
be effective upon publication.
This amendment was published on
L:\C1TYISTJOE\2006
day of
, 2006, and shall
CITY OF ST. JOSEPH
By .
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
: 2006.
Al\1ENDMENT TO ORDINANCE 84
TRAFFIC & MOTOR VEHICLES
The City CounciJfor the City of St. Joseph HEREBY ORDAINS:
That Ordinance 84.11isamended to read as.follows:
Section 84.11,; . IMPOUNDMENT. Any vehicle leftparked orstanding in violation of
this Ordinance or the lawsofthe State o(M:in~esota n:iay be towed away pursuant to the .... .. .....
provisions of Minn. Stat. 169.041, as amended. Any motor vehicle towed away and impounded
under tIns 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 tIns Ordinance or State
law.
Subd. I: Notice ofImpoundment. Within forty eight (48) hours after a vehicle has been
impounded, the Chief of Police shall send written notice to the owner of the impounded vehicle
at his or her last known address as shown by the records of the Department of Public Safety. If
the owner is unknown to the ChiefofPolice 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 of the impounded velncle, and the name and type
of vehicle impounded.
Subd.2: Sale of Vehicle. If after the expiration of sixty (60) days after mailing or
publishing the notice set out in Subd. I the vehicle is not redeemed by the owner or the owner's
agent, the City shall proceed to sell the impounded vehicle at public 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's trade 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 of the 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 (I) year after the sale, ifthe former owner ofthe 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 fOlth in Subdivision 4.
Subd.3: Release of Towed Vehicle. Once all fines and impound fees are paid in full, the
City Police Department 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.
'CDeiet~~_:~i==-==-~==--=-~)
.[ Deleted: 05
Subd.4: Towing: and Impound Fees. A towing charge in cOlliJection with the
impounding of any vehicle shall not exceed the amount agreed upon in any current contract
between the City of 31. Joseph and the duly designated garage owner, a true and COlTect copy of
which shall be on file in the office of the City Clerk/Administrator for public inspection and
reference, and the scheduled charges of the 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 Council. ,shall also be charged
to the owner of any vehicle found to be in violation of this ordinance. The ~dmi.!li~.tJ1lJivej:~~
shan be naid at the impound lot at the same time the towing: rees are nuid.
Section 81.05: AUTHORITY TO REMOVE VEHICLES PARKED IN VIOL^.TION
OF THIS ORDI1'L^.NCE.
Subd. ]: }.ny vehicle round parlung in violation of this ordinance or the laws of the State
of Minnesota, is hereby declared to be a nuisance and may be similarly abated by, or under the
direction or at the roquest of a peliee officer by remo';ing and impounding the vehicle by means
of tm,ving or othell\'iso, and shall be surrendered to the duly identified owner thereof or his agent
upon the payment of fees hereinafter provided.
~d. 2: }, towing charge in connection '.','ith the impounding of any vehicle shall exceed
the amount agreed upon in any current contract bet';,een the Citj of St. Joseph and the duJy
designated garage owner, a true and correct copy of which shull be on file in the office of the
City Clerk/Administrator fOj public inspection and reference, and the scheduled charges ofthc
cuuent contract is hereby made a part ofthis chapter as fully and to the same effect as if set forth
herein verbatim. In addition to the towing charges, an administrative fee of Five Dollars ($5)
shall also be charged to the o\..'ner of any yehicle found to bein \'iolation of this ordinance.
Subd. 3: Before the o\-vner or his agent may be permitted to remove the ychicle
impounded pursuant to this section, he must furnish satisfactory evidence of his idontity and
ovmership of the vchicle and he must pay the fees for towing and storage of the ','chicle as set
forth in the contract between the City and the garage, plus the admil1istrati',c charge heroinbefore
set forth, and he shall sign a '.vTItten receipt for the vehicle. It shall be unlaviful for any personto
reclaim the vehicle so impounded \vithout first paying all of the towing and storage fees provided
herein. The garage owner shall not relcase Emy vehicle designated as a police "'hold" ",,'ithout oral
. release 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
,( Deleted: ofTwent)' Dollars ($20)
This amendment was published on
L:\citylstjoe\2006
By
Judy WeYI:ens, Administrator/Clerk
,2006
AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE
REGARDING R-2 TWO F AlvllL Y RESIDENCE DISTRlCT
The Council of the City of St: Joseph hereby ordains that Ordinance 52.28; Subd. 6 and Subd, 8
are amended as follows:
Section 52.28: R-2., TWQ1A1'vlIL Y ~SIDENCEl)ISTRICT,
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 setbackshall 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 dliveway 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
'f Deleted: J
" Deleted: SINGLE
, AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE
REGARDING GENERAL PERFORMANCE STANDARDS
The Cotincil of the City ofSt. 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. Accessory buildings which require a building pemlit shall camp-Iv ",vith all
\lard reauirements applicable totbc prillcirialbuildinf! in the District. Accessory
buildings which do not require.a building pemlit shall not be located closer than
five .(5) feet from the adiQi.!linK;,'ii..Q~Sl[ regr lotline..:..J.lQv,'ever,-,21!~h aQfeSSQlY
buildinp shall he set lJack a minimum of 50 feet from the front street right.or-way
lines. All accessory bui1dingsshall setback a minimum of fifty (50) feet from
front street right~of-way lines. Ac~ess~ry buildi~gs are furtl1erlimited not to .
exceed over one (1) 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
This amendment was published on
,2006.
L:\CITYIST.lOE\2006
Deleted: When located within ten (10) 1
feet ofthe rear wall of the principal
building they shall comply with all yard
requirements applicable to tbe principal
building 111 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
POO - PLANNED UNIT DEVELOPMENT OVERLAY DISTRlCT
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: POO - PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT
Subd. l: 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, "POO" shall mean the same as "planned unit development".
Subd.2: Benefit to the Public Intended~ POO's areintended 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. Proactively and tangibly address the demand for housing for all economic
levels;
2. Provide greater variety in tenure, type, design and sitting of dwellings.
b) The reestablishment, preservation and/or enhancement of desirable site
characteristics such as natural 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 POO is proposed to be located and
provided to the standard of subsection B (immediately following) are
achieved:
1. Single-familyPUD's, comprised of detached dwelling units on individual
lots, necessary streets rights-of-way to serve such dwelling units and any
conm10n open space, recreational facilities or other areas or facilities.
2. Non-single- family PUD' s, comprised of (a) attached dwelling units,
detached dwelling units not on individual lots, retail, commercial,
recreational, office, service or industrial buildings, or any combination
thereof, the necessary streets and other public and/or private rights-of~way
to serve such uses, and any appurtenant common open space, recreational
facilities or other areas or facilities.
3. A PUD may comprise both of the above types, subject to compliance with
the use regulations of the zone in which the PUD is proposed to be
located.
b) Planned unit developments may be located in any zone subject to use
regulations; provided, that:
1. Uses permitted in the POO 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 Plamled Unit Development for any parcel or track ofland 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 Pennitted 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 pemlitted
and residential uses are not conflicting. The area consisting of
multiple residential dwelling units must meet the standards of
Section 52.29, Subd. Sand 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 52.10.
c) B-2 Highway 75 Business Districtand B-3 General Business
District - five (5) acres minimum.
2
d) LI - Light Industrial District - twenty (20) acres minimum
3. The design of a POO shall take into account the relationship. of the site to
the surrounding areas. The perimeter of the POO shall be so designed as to
minimize undesirable impact of the POO on adjacent properties and,
conversely, to minimize undesirable impact of adjacent land use and
development characteristics on the POO.
4. Common open ~pace shall be either held in common ownership by all
owners in the POO 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.
5. PUD's will onlv be allowed an propertv that has been undisturbed far a
neriod oftwentv (20) vears or more. PUD's will not he allowed on
property in which trees have been removed prior to the apnlic.ation for the
PUD.
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 confonn to
the purposes of this section.
1. Allowed Uses. Uses within the POO 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 perfonnance standards for each POO shall be delineated in the
rezoning ordinance (if required), the development plan and the
development agreement. The POO development plan and agreement shall
identify all the proposed land uses and those uses shall become pennitted
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 POO and will follow the
procedure described herein relative to major POO amendments.
3
Formatted: Indent: Left: 0.75"
Formatted: Bullets and Numbering
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 BetweenBuildings. The planning commission shall set minimum
distanc;es 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. Building 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 accessoryandlor 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 of the underlying zone shall
determine the maximum dwelling unit density of a total development. The
maximum dwelling unit density shall be determined by the area remaining
after appropriate space for street right-of-waY,,-,()ther public_ciedi~iitions" " .( Deleted: sand any
such as but not limited to stonn water detention ponds. trails and
parklands have been determined and subtracted from the total PUD area.
Excluded from the calculation of developable property shall be areas
which would normally not be developable, such as waterways or water
bodies, shorelands, flood plains, ,and the like in addition to areas required [ Deleted: steep slopes. hydric soii;:-j
for streets, parks, pedestrian facilities, storm water controls and placement
of public utilities. Wetlands can be utilized to determine the area of
developable land. The maximum density for multiple dwellings under the
PUD shall be one one-bedroomunit for each 2,500 square feet of lot area,
one two-bedroom unit for each 3,000 square feet oflot area, and one
three-bedroom unit for each 3,500 square feet of lot area and for each
additional bedroom (over 3) per unit, an additional 500 square feet oflot
4
area. If the property involved in the POO 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 POO 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 Pllrking 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 colUiected to at least one minor arterial or collector street as
defined by the comprehensive plan.
b) In Single-Family POOs. Single-family POOs shall be subject to the following
linlitations in modification of regulations in addition to those limitations set
forth in subsection a (above, entitled "pernlittedmodifications 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;
c
.J
3. Required yard setbacks shall not be reduced.
c) Non-single-family PUDs. Non-single-family PUDs shall be su~ject to the
following li.Jpitations in modification of regulations in addition to those
limitations set forth 'within the underlying zoningc1assification.
1. When a PUD containing dwelling units is proposed on property having
more than one underlyillg residential zone, the total number of dwelling
units allowed may be determined by totaling the number of dwelling units
allowed to be located on each portion of the PUD area located in a
separate zone according to the regulations of that zone.
2. The City, at its discretion, may allow the number of units arrived at under
subsection c-l (immediately above) be located anywhere within the
plamled unit development subject to the POO approval process set forth in
this chapter and provided that the City make afmding offact 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 fmih in the subdivision ordinance shall be followed concurrently herewith.
The approved final development plan shall be a binding site plan.
Subd. 6: Pre-ApplicationJlnformational Meeting and Concent 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 inrormational meeting with City staff. At such conrerence, 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 all opportunity to
gather information alld obtain guidance as to the general suitability or 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-applicationlinfoffilal meeting, but prior to submitting an
application for preliminary plan approval, the applicant for a proposed POO
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) Ifland 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 parldand dedication, design standards and
required improvements shall be the same as per a conventional subdivision
and as setforthwithin the City's Subdivision Ordinance. In addition to the
data requirements itemized within the Subdivision Ordinance the application
shall also include information necessary to process the PUD preliminary and
final planes) as contained within tlus 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 developmynt
shall conform to the prelirilinary plat, all conditions of approval and applicable
regulations. '
Subd. 9: Preliminary PUDs - Contents of Complete Application.
a) The applicant shall file with the City a preliminary plat plan which is
consistent with the requirements ofthe 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, environmental assessment
or zoning review purposes, which shall depict comprehensive plan
designations, zoning classifications and existing land uses and utility
mains/urban facilities including parks and streets;
3. Aproposed 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 o1'tr(;e&. Also idcntifv areas \vhere there
are treesyeight inches in trunk diameter measured four feet above the
base of the trunk,; "
c. Designated placement, location, and principal dimensiolls oflots,
buildings, streets, parking areas, recreation areas and other open space,
landscaping areas and utilities;
d. Ifthe 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. P ark and trail plan pursuant to Ordinance 54.18.
4. A conceptuallandl'cape plan showing existing and proposed landscaping
including groundcover, sluubbery and tree species;
5. Drawing and/or text showing scale, bulk and architectural character of
proposed structures;
6.. For single-family P1.JDs, a conceptual drawing depicting the number and
location of lots which would be allowed if no regulations were modified;
8
,( Deleted: individual trees over J'
'--H._.__.... ...._.....M;M___..._....___...:......__........_.....H__.__
. "~I' Deleted: in areas to be developed or
, otherwise disturbed
7. Special features including but not limited to critical areas arid site or
structures of historic significance;
8. Text describing conditions or features which cannotbe adequately
displayed on maps or drawings;
9. A narrative stating how the proposed development complies with the goals
and policies of the Comprehensive Plan;
10. A narrative itemizing all proposed land uses (permitted, conditional,
interim, accessory) conditions related thereto (proposed and as required
within the underlying zoning classification) and the extent of proposed
uses (i.e. number of units; density allowed via underlying zoning
classifications and density proposed for the PUD;
11. A narrative stating ho\>/ the propased 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-farnily
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 notbe 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.ll: Preliminary PUDs - Minor and Maior Changes to an Approved
Preliminary PUD.
a) A proposed minor change to an approved PUD require a public hearing and
shall be incorporated into the application for final PUD approval, and any
notification regarding such final PUD approval shall describe the proposed
minor change(s). A "minor change" means any departure from the conditions
of preliminary approval which is not a "major change" and includes but is not
limited to the following:
1. Revisions to a number of dwelling units in a stmcture;
2. Revisions to number of non-residential structures;
3. Revisions to heights of structures;
10
4. Revi'sions to location of intenlal 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 decreiise in the amount oflandscaping, 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 approv,i] of the preliminary PUD, the applicant shall file with the
City a final PUD confornling to the approved preliminary PUD. The final POD
shall include all the requirements under the Subdivision Ordinance, Ordinance 54,
and the following.infoIDlation:
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 maintemince 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, Park and trail plan consistent with Ordinance 54.18.
Subd. 13: Final PUDs - Criteria for AptJroval. Final POO approval shall be
granted by the City only if the applicant demonstrates that the final PUD substantially
conforms to the approved preliminary PUD. For the purposes of this section,
"substantially conforms" means that, as compared to the preliminary POO, the final PUD
contains no revisions in density, uses, design or development standards or in the site plan,
other than the minor changes pursuant to Subd. 11 of this section.
Subd. 14: Final PUDs - Failure to File - Termination.
a) In the event the final PUD or any required attendant papers are not filed
within ninety (90) days following approval of a preliminary PUD, except as
provided elsewhere in this Section or as noted in subsection b (immediately
following this subsection), the approval of the preliminary PUD shall lapse
and the approval shall be deemed null and void and without force or effect.
b) When it is determined ,as part of the preliminary PUD approval that the fmal
PUD 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 PUD approvaL In the case of a PUD, 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 of time
during which progress on the final PUD was reasonable halted or delayed due
to the filing and pendency onegal 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
POO the pennittee shall be required to comply with all current building,
construction, subdivision and other applicable standards of the City prior to
being granted approval of the final POO; provided, that a change in zoning
district classification enacted subsequent to approval of the final development
plan shall not affect the prqject.
12
Subd. 16: Final POOs -' Adjustments 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 inthe 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 ofthis.section, "adjustments" means any departure from the
conditiQns offmal 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 structures on-site and off-site shall not be substantially
reduced; .
7. Traffic volumes shall not increase and circulation patterns shall not
change;
8. Changes in colors, plant material and parking lot configurations are minor;
9. The adjustment does not add significant new environmental impacts or
significantly increase environmental impacts disclosed in the original.
documents;
10. The 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 PUD can not be classified as an
"adjustment", the PUD shall be amended using the "Minor and Major
Changes to an Approved Preliminary PUD" process described in Subd. 11
herein.
Subd. 17: Developers Agreement Required for Final POD. 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 withplans 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 perfornlance 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 for PUD Common Open
Space and Service Facilities.
a) Whenever common open space or service facilities are provided within the
POO, thePOO plan shall contain provisions to assure the continued operation
and maintenance of such open space and service facilities to a predetermined
reasonable standard.
b) Common open space and service facilities within a PUD shall be placed under
the ownership of one or more of the following:
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 restlictions
or an equivalent document as specified in Mitmesota 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 apartinents
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 ofjoint or common costs. This
declaration shan be subject to the review and approval ofthe City
Attorney. The intent of this requirement is to protect the property
values of the individual through establishing effective private control.
d. The declaration shall additionally provide that in the event the
association or corporation fails to maintain properties in accordance
with tb.e 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 propelty its pro rata share of the expenses. Such assessments,
together with interest thereon and costs of collection, shall be a lien on
each property against which such assessment is made.
e. Membership in the association must be mandatory for each owner and
any successive buyer and the association must be responsible for
liability insurance, taxes, and the maintenance of the open space
facilities to be deeded to it.
f. The open space restrictions must be permanent and not for a given
period of years.
g. Property owners must pay their pro rata share of the cost of the
association by means of an assessment to be levied by the association
which meets the requirements for becoming a lien on the property in
accordance with state law and the association must be able to adjust
the assessment to meet changing needs.
h. The by-laws and rules of the association and- all covenants and
restrictions to be recorded must be approved by the City Council prior
to the approval of the final PUD plan.
c) Staging of common open space. The construction and provision of all of the
common open space and public improvements and recreational facilities that
are shown on the final development plan for a PUD must proceed at the same
rate as the construction of dwelling units or other private facilities.
Subd. 19: Termination of Planned Unit Development - Failure to Commence or
15
Continue Construction. Hthe 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 commeneed 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 temlinate 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 oflegal 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 POO the permittee shall be required
to comply with all cun-ent building, construction, subdivision and other applicable
standards of the City; provided, that a change in zoning district classification enacted
subsequent to approval of the final developm<:nt plan shall not affect the project.
Subd. 22: Lots Subiect to Final PUD. All lots or other divisions of a subdivided
pImmed unit development shall remain subject to compliance with the fmal development
plan regardless of the fact of subdivision in compliance with the Subdivision Ordinance
or 10t(s)/division(s) of a subdivided POO where subsequently conveyed.
16
DRAFT CONTAINING THE CHANGES MADE BY THE PLANNING COM:MISSION
ON Aue 31, 2006
AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE
REGARDING REGULATIONS OF SIGNS
The Council of the City of St. ] oseph hereby ordains:
That Ordinance 52.11 is revoked in its entirety and the following language is enacted in its place:
"Section 52.11: SIGNS
Subd. 1: Findings. 'The City Council hereby finds as follows:
a) Exterior signs have a substantial impact on the character and quality of the
environment.
b) Signs provide an important medium through which persons may convey a 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 economic viability of
the business community, while protecting the City and its citizens from a
proliferation of signs of a type, size, and location that would adversely impact
upon the aesthetics of the community and threaten the health, safety and welfare
of the community. The regulation of the physical characteristics of signs within
the City has had a positive impact on traffic safety and the appearance of the
community .
Subd. 2: 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 buildingdesign 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, il1uminationand other physical
characteristics of signs within the city in order to promote the public health, safety
and welfare.
b) Establish standards which permit all persons the opportunity to display a wide
variety of messages; to preserve and protect the value ofland, buildings and
landscapes and promote the attractiveness of the conU11Unity; 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 permanentsigns and discourage temporary and/or
portable signs. -
c) Improve the visual appe'lrance of the City while providing for effective means of
communication, consistent with constitutional guarantees and the City's goals of
public safety and aesthetics.
d) Provide for fair and consistent enforcement of the sign regulations set forth herein
under the zoning authority of the City.
Subd. 3: Effect. A sign may be erected, mounted, displayed or maintained in the City if
it is in conformance with the provisions of this ordinance. The effect of this ordinance, as more
specifically set forth herein, is to:
a) Allow a wide variety of sign types in commercial zones, and a more limited
variety of sign types in other zones, subject to the standards set forth in this sign
ordinance.
b) Allow certain small, unobtrusive signs incidental to the principal use of a site in
all zones when in compliance with the requirements of this sign ordinance.
c) Prohibit signs whose location, size, type, illumination or other physical
characteristics negatively affect the environment and where the communication
can be accomplished by means having a lesser impact on the environment and the
public health, safety and welfare.
d) Provide for the enforcement of the provisions of this sign ordinance.
Subd.4: Severability. If any section, subsection, sentence, clause, or phrase of this Sign
Ordinance is for any reason held to be invalid, such invalidity shall not affect the validity or
enforceability of the remaining portions of this Sign Ordinance. The City Council hereby
declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or
phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences,
clauses, or plu"ases 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 rooflike 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 sparlding.
~ "Illuminated Sign" - anv sign which has characters. letter fi!!ures. desirrns or
Qut!ine ilhlmIDJrred by eJs;.\;1fjc ligbtS..QI lun)inollsJJ..lb~s as ~rt of tlt~1!ig!J..JJ....mp-(<I
or by 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 sign. 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 apPUltenances 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 sign thai is not pernlanentlv affixed to the ground. a si!!n
that is not permanentlv affixed to any other pernlanent structure that is in turn
affixed to theg:round. or a sign that is not capable,
3
n2..__ "W.ill1" - .J!ny structqre which defines the exterior Qoundmies or courts of q
building or structure and which has a slope of sixty (60) degrees or greater with
the horizontal plane.
J
1
p).. _ _ _'~\Y!l11 ~~p~' _-_,!nx ~ujldjJ,:lg ~i.g!1_a1l:il~~~dJ:~aT~U~U~\: 121.!:ty~ri1lp!l,e.igl"!.te~n_ (lJl) _ _ __ _ _ -' -~eleted: 1
inches of a wall, painted on the wall surface of, or erected and confined within the --" " --i Deleted: two (2) feet
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 s11a1.1 be erected. altered. reconstructed, maintained or moved in the city 'without
fir;?.Lsec;.!.l_rimUL.P.~Lmitfi:9m th~u<i1.:LIhe conte.nl of the mes~age or speech di;lRl1!)red OJ} the sign
sha]] not be reviewed or considered in determining whether to approve or den v a sign permit.
A12McatiQn for a pemlit shall be in writing addressed to the zon.ing administrator and shall
contain the fol1owine- inforn1ation:
1U______..illl!11t1.S and.lld.<:.lT~,~g_~ of the...illllilicant.Q.Fne_nL9f tll~u;igDll.llii..19J;
b'l the address at which anv SiL'11S are to be erected:
c)
the lot block ahd addition at which the signs are to be erected and the street on
which thev are to front:
el)
a complete set of plans, showing: the necessary elevations. distances, size and
det:.illh. to fuU.J:.JIPcl c1eal'lv rep-resent the construction and place of the sjgns:
~.L the cost of the si 1211:
fi t'vpe of si!!n (i.e. wall sign. monument sign. etc.):
g)
cenification bv applicant indicating the application complies with all
requirements of the sign ordinance: and
11)
if the proposed sign is along a state trunk highway or interstate hi glrlVay. the
;:;pplication shall be accompanied bv proof that the applicant has obtained a pennit
from the state for the sign.
The zOIDng admi.nistrator shAli.mmrove QI._denv tIle sign pernlit i)lan exp'2dited malliler
no more than 60 days from the receipt of the complete application. including applicable fee. All
Df-TI11i.ts not llilnroved or denied within 60 davs shall be deem~.9~~nuroved. If tIle permit is
denied, the issuing ,mthoritv shall prepare a written notice of denial within 10 davs of its
decision, describing the applicant's appeal rif,'hts under Section 525 15. and send it bv celtified
111ai1. return receiut reouested. to the applicant.
4
... -, Formatted: Indent: Left: 0.5",
Hanging: 0.5"
-I Formatted: Indent: Left: 0.5",
Hanging: 0.5"
I
- --I Formatted: Indent: Left: 0.5",
I, Hanging: 0.5"
Formatted: Indent: Left: 0.5",
Hanging: 0.5"
Subd. 7.;_ ~eJ1eral Provi~iol1~' _ T!:i~ f<?llo_",ipg!~gl!I~~QT!s_ s_h_all_appry_ ~o_a)l ~ig!l~ b~r~~tt~r, _ ' - - .' Deleted: 6
pennitted,:, .. ., '.. , " . ' _ .. ... 00' 00. ... ,. .. 00' ,., 00. 00 '.. . ' _ " _ ,.. , .. .,. .. , .. .' ..' -f Deleted: in.J] districts
_.--1
a)
Signs shall not be pernlitted 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 district
d)
No sign shall be placed that resembles any official marker erected by a
governmental agency or shall display such words as "stop" or "danger".
e)
No sign shall be 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 si!,.'Tl, the source of light shall not shine upon any
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_ ~igl1:~_ s_hAI_b.e_l!rpit~4. !q, '!l1: 9y'~r1ilJ_a!,~a_<?{ sjJS " ,_ .' -'l Deleted: each side afany
(6) square feet The limitations stated in this provision can only be modified
according to Subdivision ]Ag{ th}s, ~~cti.op.:, _ .,., .. _ ,'. _ ' __ ,.. .. _ .', _ '" _, '" _ _ _ ... _, '" _ _. --j 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. Flaslllngsigns
8. Slllmmering signs
9. Wall sign
i)
Pylon signs and off-premise signs shall not be permit~ed 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 011 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 of the 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.
nl No sign shall be painted directly on the side of the building, unless it is clearly
demonstrated to the Planning Commission,,-,!.tth~liL-r:!.~,Jb.gJ...-'.LPe!.mit for the Sif!:D~
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 ofthe building in question.
0) No sign shall violate the side or rear yard setback requirements of the district in
which it is placed.
p) No sign shall exceed 250 square feet in surface area.
q) Except for monument signs and temporary signs, the surface area of the base of
any sign shall not exceed 25% of the face area unless structural engineering
illu~trates the face call11ot meet the wind loading requirements of the Building
Code.
Subd. .8.:" T(::J?1P9~arySigIls~ ",_
a)
~: ^ f(:eset fClrtll py ,r(:solut~o.!1~pplie!"t() ~p(::l111it .f()~t~l1lpor<.tryorportli]*, ,..
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: Pennit Reauired
Deleted: Temporary or portable signs
are allowed in any district only by permit.
The City shall not review or consider the
content of any message to be displayed
on any portable or temporary sign when
determining whether to grant a permit.
d)
Illuminated Signs. Illuminated signs. \vbethel' temporary or portable,~1:!allJ}~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.
J
e) One Sign Per Parcel. There shall be no more than one temporary or portable sign
per parcel ofprope~. In the event that there are multiple tenants on a single
parcel of property on which temporary or portable signs are a11owed, not more
than two portable signs shall be located on the parcel at any given time. One
portable sign will be allowed per strip mall site within the B-2 district.
f) Ground Fault Circuit Interpreters. The internal wiring of an illuminated outdoor
sign that is temporary or portable and readily accessible sha11 be supplied from,
and protected by, ground fault circuit interpreters.
g) Extension Cords. Extension cords used to supply power to portable or temporary
signs shall be enclosed in metal conduit or elevated at least nine (9) feet above the
ground to prevent tripping or electrical hazards.
h) Anchors. Anchors for portable or temporary signs shall be subject to approval by
the Building Inspector and maintained to prevent displacement or tipping over
during high winds.
Subd. :i:, J::.:x.t::l11P!ions. ,rl?-~ fqll,o.:"~il1g ,sign_ shill! .I1.0! !<:qujr::.e,~pc:r11'~i!. _ Tlll? .e?'-t::l11'p!i()~,_
however, shall not be construed as relieving the owner of the sign from the responsibility of its
erection and maintenance, and its compliance with the provisions of this ordinance or any other
law or ordinance regulating the same. The exemption is as follows: The changing of the display
surface on a painted or printed sign only. This exemption, however, shall apply only to poster
replacement and/or on-site changes involving sign painting elsewhere than directly on a building.
.. -( Deleted: 8
~
Subd.,lQ: !,<:rmitteg Signs: B.usine~s :pis~ric~.. . _ _ . _ . . .. .. _ . . . . .... . .. _ . _ .. .. _ . . _ .. ..
r-
"l Deleted: 9
J
a) Wall Signs. Each tenant other than those in multi-tenant buildings may have one
flat wall sign.:..~.!ls:1:! ~ig!l~g~ !.ll.ay .e2'!~n_dJ!<2l11.t~<: f'!cc~ .of.t1:!<:. ~~of.oy~r::. ~, S:Q~<:.r~c! _ _ .. .. - -\ Deleted: n~t ~Xlendr~ mt~:an 18
walk. Such wall signs shall not exceed 15:;:.2 of the area of the wall to which the ' '. , I :~~;l :~; t e ace 0 t e 1lI mg
sign is attached, to a maximum of 96 square feet. ' ',[ Deleted: s
b) Monument Signs. ,J::,,ac;l! ~enallt, <!t!l~r t,h.ii!l,th<!s_e..i!1n}l!l!i:t~!lf!l!t1.:Jllilslil!gs .n1f!Y. _ . . . " -" [ Deleted: Uses
have a monument sign that shall not exceed 80 square feet ..i!l~l!rf~c.e.. a!~~, .a!l9),5. . .- --1 Deleted: per
feet in height, and is setback a minimum 20 feet from the property lines.
c)
Multi-Tenant Wall Signs. Each tenant in a multiJ~!lf!l!t.b_uil.sl!I!g,. I11,aYPilYc:, .a:f1..a! __.,," ..
wall sign.:. .'I11e_agg~ega!ea.reCl9fsl.lch sig!l~ ~l!a!l. f!qte_xl::~ed)~oftl1C: ~l1~ea,()ftl?-e, _ "
wall to which they are attached.
-{ Deleted:
r---
-1 Deleted: , not extending more than 18
I inches from the face of tile 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 10 acres.
e) Canopies and Awnin!!s. The design of canopies shall be in keeping with the
overall building design in terms oflocation size and color. No canopies with
visible wall hangers shall be permitted. Signage on canopies may be substituted
for allowed building signage and shall be limited to 25% of the canopy area.
Internally-illuminated canopies must be compatible with the overall color scheme
of the building.
Subd. 1];. p_e~igJ1_St::mdards for Downto:wn and High YisibiJ.iry. COlJt40rs.. _ . . _ _ _ . . . _ _ " _ . .{ 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 pern1anent signs are prohibited in the B-1 District
directly adjacent to .JyljX1!}~:S,9~t,9,,,~trf:et; c:x,cept (Hle rnonllll1el1t sigl1 IIlaybe __
permitted per parcel of propelty provided the aggregate size of the
monument does not exceed one square foot for every one foot offrontage.
I_._.._......~......_.._....:.__..._..___.._..._...___...._._.._,......._.H._..
i Dele~~y2oadwa~~_.___j
2. Signs shall be architecturally compatible with the style, composition,
materials, colors and details ofthe 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 onlv to the
design and anpearance of the sigmw:e 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
without a 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 proj ecting sign and the building face
doesn't exceed one foot.
9. Sandwich Board Signs are allowed only ih 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 ona 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 ofv\y~atl1~r_aI~dyw(nftJ~~i~1:a!.1! ~_a!e}t*_ gf _ _ ...
gmerior qualliY.
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
(
_ ,. t~eted: of superior quality, weatller
"'[ Deleted: I
i) The sign owner provides proof ofliability insurance listing the
City as an additional insured and holding the City harmless.llHhe
same time it applies to the Citv for a permit for the sign. '
b) Design Standards for Properties .'0?tl1 ;tIigl1\V<.ty/:F~eeV;layYisi1:Jili!Y,Tl1efoJloyviIlg ... -1 Deleted: W
standards pertain to signs within the B-2 General Business District, me 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 alierials, 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 annJies onlv to the design and appearance of the signage
and not to the message contained thereon.
5. The use of natural color palettes in freestanding signage is highly desired.
6. All freestanding signs shall employ landscaping that is aesmetically
pleasing and complimentary to the quality of uses within the area.
Subd. 12: ... N"on~ConfoD11ing~igIls:c:ompliance. J! is, res:ogni2,~~th<.tl sigIls c;xi~t\Vttl1in
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 ofthis 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:
__' -( Deleted: !
a) No sign shall be enlarged or altered in a way which increases its nonconformity.
b) If the use ofthe nonconforming sign or sign structure is discontinued for a period
of one year: the sign or sign structure shall not be reconstructed or used except in
conformity with the provisions of mis ordinance.
10
c) Should such nonconforming sign or sign structure be damaged or structure be
destroyed by any means to an extent greaterthan 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 pemutted 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 shallbe repainted in a neutral color or a color which will harmonize with
the structure.
Subd. 11_ S~gns in :[)evelo.ping Su~diyisio}lS. .RuIil'!K tp.~_d~Ye::19P~_e!l~ gf ~ !1e::'0'_, _ _ _ _ _ _ ,,' -( Deleted: 2 '-j
subdivision co.nsisting of two. (2) or more lots, there shall be allowed two. (2) signs in the
subdivision, notto exceed twelve (12) feet in height. A,fr"~i~ Iequir~<:l,tQ p~RWJL(OT !lle.s~ ,sigll~",'~ _ . -{ Deleted: pennit
as set by Council resolution. The City shall not review or consider the content of any message to ',' '-'," .{ Deleted: for the placement of
be displayed on such signs when determining whether to. grant a permit. In addition to the signs'i Deleted: and a fee paid
mentioned abo.ve, there shall be ,per!1~i11~c1911~ {nsi!SD: ~l<.!t ~,(;~~cli~g J<.!llr, (4) .sglla!e;: J~c:.t,- a,nct Deleted: allowed, without a pennit,
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 lo.tsin the subdivisio.n 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. 41: "N.9!l:c::om~le!~ili1. S~ee,cJ:l. .No~'Yit!1~t~!lgi!lg,apy _o!llc:.r .P!9,-,i~t9!1~ _of .!l!i~ .?tgp_ _ , .' ' ' .( Deleted: 3
ordinance, all non-commercial Si!D1S of any size may be posted in any number from Au!!ust 1 in i\
state general election vear until ten (10) days followinf,': the state general election. and all signs
with a surface area of .2Q,~q,u_aIe_ fe..e! 9~ le.?~ s:c:>:rltliip.iI.![ !l<?I!:-S:9I11P!e!~i.5l1 B?e_e~b ~ayJ~e_p~s!t?d _ _ _.l Deleted: ] 00
from~ig!1t, (8) y'.'ee!<~ Pri9! !o.ll,I!:Y.:. sQe,~iaJ ..e!e.c!i9~ .!l~!i! ~~\le!1,m. gll,Y.:s J.o!19':V,iI.!g t1~e _ sp~s:i~l_ _ ..' , ..
election. Signs permitted under this Subdivision shall be set back a minimum distance of no less
than fifteen (15) feet from the curb line, shall not be on any public right-of-way, and shall not be
permitted on school property or any other public lands.
'.l Deleted: September] in any g,'eneral
election year until seven (7) days
following the general electi~n and
Subd. ~:, ?llbstitll~ic:>n qaus~._ :PIe;: .oy<peI .of ~t1Y ~ig!l,'Y1li~l:1 is, <?t!1~0"i.?~ ~1)9'Y~g pytili.s
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.
-( Deleted: 4
11
This amendment is adopted the
be effective upon publication.
This amendment was published on
L:\ClTY\ST.lOE\2006
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
,2006.
12
ORDINANCE 112
AN ORDThIANCE REGULATThIG EXTERIOR SOLID FUEL-'FIRED HEATING DEVICES
The Council ofthe City of St. 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: D\!TENT AND PURPOSE. The purpose oft11is 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 HEATD\lG DEVICES.
Suhd. 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 extemal device designed for solid fuel
combustion so that usable heat is derived for the interior of abuilding, and includes solid fuel-
fired stoves, fireplaces, solid fuel-fired cooking stoves, and combination fuel fumaces or boilers
which bum solid fuel. Solid fuel-fired heating devices do not include natural gas-fn'ed fireplace
logs.
Public Nuisance - Maintaining or permitting a condition which umeasonably amloys,
injures or endangers the health, morals, decency, safety, or public peace so that such activities
affect the comfortable enjoyment of life or propeliy.
Suhd.2. Pemlits. 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) reet 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 cunently required (or
as may be amended from time to time) b:y the Environmental Protection
Agency (EPA) and Underwriters Laboratories (UL) listing.
C. All exterior solid fuel-fired heating devices are subject to regulation as
public 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-~lre heating de\lices installed within the City shall
be listed and labeled by a nationally recobrnized 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, composit.e shingles, t.ar 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 earlbom,. Mayor
By
Judy Weyrens, Administrator/Clerk
This Ordinance was published on
,2006.
L\CITY\ST.lOE200(,