HomeMy WebLinkAbout2006 [12] Dec 04
CITY ,Of ST. JOSEPH
www.cityofstjoseph.com
St. Joseph Planning Commission
December 4, 2006
7:00 PM
1. Call to Order
Administrdtor
ludy Weyrens
2. Approve Agenda
MdYor
Kichdrd Carlbom
3. 7:00 PM Public Hearing - Interim Use Permit, Ryan Lieser
403 - 1 st Avenue NE
Owner Occupied Rental
Councilors
AI Rassier
Ross Rieke
" Renee Symdnietz
Dale Wick
4. 7:05 PM. Public Hearing - 'Ordinance Updates
5. Adjourn
2') College Avenue North' PO Box bbs . Saint. Joseph, Minnesota ')6174
Ph 0 n e 1 z. 0.. 1 b -:, . 7 2. 0 I F d X .., 2.. 0 . ., !:~ 1 . 0 7, 4 2
!Attachment:
Yes.~.orNo 0
REQUEST FOR PLANNING COMMISSION ACTION
Interim Use Permit
DATE: December 4, 2006
AGENDA ITEM:
Public Hearing - Interim Use Permit, Owner Occupied Rental
Ryan Lieser, 403 lstAvenue NE
PREVIOUS ACTION:
Previously, the City Offices received a complaint of a rental unit at 403 1st Avenue NE.
When complaints are made, a compliance order is sent to the property owner and they
have. I 0 days to respond. Mr. Lieser responded and stated he was unaware that he needed
a rental license. Since then, the rental inspector has been has completed an initial
inspection of the property.
RECOMMENDED BOARD ACTION:
Accept the findings of fact and recommend that the Council issue the Interim Use Permit
for 403 I st Avenue NE.
COMMENTS/RECOMMENDA TIONS:
Although this property is not zoned single-family residential, it has been used as a single-
faniily residence in the past and the use has not changed. Therefore, this property can
continue to be treated as R-I and the request for an owner occupied rental would be a
permitted use.
CITY Of ST. JOSEPH
www.cityofstjoseph.com
Public Hearing
City of St. Joseph
Administrdtor
Judy Weyrens
The St.Joseph Planning Commission shall conduct a public hearing on Monday, December 4,2006 at
7:00 PM. The purpose of the hearing is to consider an Interim Use permit to allow an owner occupied
rental at the property described as S2 of Lots 11 thru 14, Block 23, Loso's Addition.
Ryan Lieser, 403 151 A venUe NE, St. Joseph, MN 56374 has submitted the request for Interim Use.
MdYor
Riclldrd Cdrlbom
Judy Weyrens
Administrator
Councilors
AI R.dssier
Ross Rieke
Renee Symdnietz
Ddle Wick
2." College Avenue North' PO Box bbs . Sdint. Joseph, Minnesotd .,6174
Phone 120.1b~..720! Fax ~Lo.16~.O>;42
Resolution of finding
Ryan Lieser, 403 1st Avenue NE
The request of Ryan Lieser for an Interim Use Permit came before the Planning Commission at a public
hearing held on December 4,2006. The purpose of the hearing was to consider issuance of an Interim use
Permit to allow an owner occupied rental unit as a continued single-family use in a Highway 75 Business
District.
The property is legally described as the S2 of Lots 11 thru 14, Block 23, Loso's Addition according to the
plat aDd survey thereof on file and record in the Office of the County Recorder in and for the County of
Stearns and the State of Minnesota located at 403 1 sl Avenue NE.
St. Joseph Code of Ordinances 52.27, subd 5 allows for an Interim Use Permit as follows: Residential
rental provided the unit is owner occupied and provided the room(s) rented does not contain separate
kitchen facilities and is not intended for use as an independent residence. For purposes of establishing ifthe
property is owner occupied, the owner must be a natural person and the owner occupying the property as
his or her principal residence and must own a fifty percent (50%) or greater interest in the property.
The request for Interim Use has been submitted by Ryan Lieser, 403 1st Avenue NE, St. Joseph, MN 56374.
Notice ofthis matter was duly served and published.
In consideration of the information presented to the Planning Commission and its application to the
Comprehensive Plan and Ordinances of the City ofSt. Joseph, the Planning Commission makes the
following findings:
The proposed use is consistent with the standards for granting an Interim Use Permit, S1. Joseph
Code of Ordinances 52.07.04.
Therefore, based on the above findings, the Planning Commission makes the following recommendation:
Approval of the Interim Use Permit to allow an owner occupied rental as a continued single-family use in a
Highway 75 Business District with the following contingencies:
1. The rental license is non-transferable and if the property is sold or the ownership changes so that
the aforem~ntioned no longer owns a 50% or greater interest in the property, then the Interim Use
Permit is null and void.
2. Approval ofthe Rental Housing Inspector.
3. The Planning Commission will review the license annually and revoke the license if the property
is in violation of the St. Joseph Code of Ordinances.
4. The City Office will place a notice in the St. Joseph Newsleader when the owner occupied rental
licenses are reviewed and will accept public comments.
The motion passed unanimously.
Sr. Kathleen Kalinowski, Interim Chair
Judy Weyrens, Administrator
APPLICATION FO,R INTERIM USEPERMIT
CITY OF ST. JOSEPH
25 College Avenue NW
P. o. Box 668
St. Joseph, MN 56374
(320)363-7201 o~Fax (320)363-0342
Fee$
Paid
Receipt #
Date
STATE OF MINNESOTA)
)ss
COUNTY QF STEARNS)
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ADDRESS:
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PHONE:S 26 - 2ttb ~. S~ i
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NAME:
IfWe, the undersigned, hereby make the following application to the City Council and Planning Commission of the City ofSt. Joseph, Steams County,
Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their apfllication and complying with all ordinance
requirements):
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1. Application is hereby made for .Inre.rim Use Permit to co~d~ct the following: ". \}')L.. , Y\f\1 .. n:$\DWvt-\..tu.J
-k 6\ \\o\.>) .{-we ~ V'\\.'{ .c'l'\I>l'\~,S ~ I."'{. ....\~ h~
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2. Legal description of land to be affected by application, includin12 acreage or s,guarf footage ofland involved, and street address, if
lIlIy(attach additional sheet ifneces.sary): llu'\O ~ t'+ .t\V\\&~.t\.. . \ e~ S\ 'Le: /5 X 2"2.~
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3. Present zoning of the above described property is:
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5. Is the proposed use compatible wit{1'present and future land, uses of the area? Please explain: ~-eS I
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7. Can the. proposed use be acco~odated. with exis;ing City s::rvice,without overburdening tile systelI!~ E,\pJ~in: .
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Attached to tllisapplication and made a part thereof are other material submission data requirements, as indicated.
Applicant Signature:
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Owner Signature:
DATE APPUCA TION SUBMITTED:
DATE APPLICATION COMPLETE:
Date:
Date:
FOR OFFICE USE ONLY
11.-('1 - <7f..e
Planning Commission Action: _ Recommend' Approval _Recommend Disapproval Date of Action
Date ApplicanVProperty Owner notified of Planning Commission Action:
City Council Action: _ Approved _Disapproved Date of Action
Date ApplicantlProperty Owner notified of City Council Action:
;-
Date: October 15,2006
To: City of St. Joseph
On August 1 st, 2006 I purchased a home within the community located at 403 - 1 st
Ave. NE. During the buying process, I was informed by both realtor agents that as long
as the home was owner occupied you were allowed to rent. Under those circumstances, I
purchased the house and have invited some friends to live with me. In no way am I trying
to cheat the system. The house is located in a commercial surrounding. Rental properties
are found all over the neighborhood. As of right now I am not using the house as a full
rental. I do have aspirations of using it as a full rental in the future though. I believe
adding this property as a rental will only affect the area in a positive way. It allows more
students of the college to live closer to campus. It will also produce more economic
growth to the surrounding businesses.
The house itself is being used the same as it has been for the last fifty years. It
will continue to be my personal residential house. I plan on residing the house this
summer and doing some much needed landscaping. This alone will make the property
look more appealing in the community. Please take these statements into account as you
make a decision. Thanks for your time.
Sincerely, .
.r\7 . l~
\c.yC'l~
Ryan Lieser
St. John's University Student
Owner of Property
HOUSING, MAINTENANCE AND OCCUPANCY CODE
ORDINANCE NO. 55
CITY OFST.]OSEPH, MINNESOTA
Address:
Addition:
Owner:
Manager: 'A:.\
T pe of Structure:
Address;
Address:
Multiple
"
To the owner, lessee, agent or occupant of the above described premises, pursuant to the
authority vested in me by St. Joseph Code of Ordinances No. 55, you and each of you upon
whom this order shall be served are hereby ordered within days to make the
following repairs.
11
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Failure to comply with this order may be grounds for imposition of a fine up to $1,000 and/or
suspension or revocation of your rental license by the St. Joseph City Council
Dated this .~, day of 1/)/JOPAnb'l. .~ ~C!tJ1o .
. RE-INSPECTION DATE
COMPLIANCE DATE
jAttachment:
Yes ~ orNoD
REQUEST FOR PLANNING COMMISSION ACTION
Ordinance Updates
DATE: December 4,2006
AGENDA ITEM:
, Public Hearing - Ordinance Updates
PREVIOUS ACTION:
For the past couple of months, the Planning Commission, City Council and City Staff
have been working on updatingthe City's Land Use Ordinances: Changes to the Land
Use'Ordinances require a Public Hearing.
RECOMMENDED BOARD ACTION:
Approve the.changes as presented and recommend that the Council execute the
.Amendments andcause)the same to be published.
COMMENTS/RECOMMENDATIONS:
Administrdtor
ludy Weyrens
MdYor
Richdrd Cdflbom
Councilors
AI Rdssier ,
Ross Rieke
Renee Symdnietz
Ddle 'Wick
. CITY Of ST. JOSEPH
www.cityofstjoseph.com
Public Hearing
City of St. Joseph
The St. Joseph Planning Commission shall conduct a public hearing on Monday, December
4,2006 at 7:05 PM. The purpose of the hearing is to consider the adoption or amendments to
the following Ordinances:
. 52.11 Signs
. 52.21 Transportation Corridor Overlay District Site and Design Standards
. 52.09 PUDPlanned Unit Development Overlay District
. 54 Subdivision Regulations
. 51 Building Ordinance
. 56 Fence Ordinance
.' 52.27 R-I Single Family Residence District
. 52.28 R-2 Two Family Residence District
. 52.29 R-3 Multiple Family Residence District
. 52.34 LI Light Industrial District
. 52.12 General Performance Standards
. 52.31 B-1 Central Business District
. 52.32 B-2 Highway 75 Business District
. 52.33 B-3 General Business District
Summaries will be available for review at the City Offices, 25 College Avenue N, St. ,
Joseph, MN 56374 or on the City Website www.cityofstioseph.com.
Persons wishing to comment on the proposed changes will have the opportunity to do so
with oral comments limited to 5 minutes. Written comments may be submitted to the City
Administrator, PO Box 668, St. Joseph, MN 56374.
Judy Weyrens
Administrator
2.') College Avenue North' PO Box 668 . Sdint. Joseph, Minnesotd ')6)74
Phone 12.0.-:;6').72.01 Fd)( 12.0.16j.C142
MEMO
TO:
Judy Weyrens
FROM:
Tom Jovanovich, City Attorney
RE:
Final Draft of Ordinances Based on Comments from Joint Meeting of City
Council and Planning Commission on October 18, 2006
OUR FILE NO.:
25077
DATE:
November 27,2006
Attached to this memorandum are the final drafts of the following Ordinances. The changes are
those changes suggested by the Planning Commission and City Council at the joint meeting on
October 18, 2006. Many of the changes are simply correcting "typos", and other changes are
substantive in nature. I have attempted to include the more important changes first, and then the
Ordinances with typographical error changes last.
Interim Use Ordinance for the B I-Central Business District. Section 52.31. B2-Highway 75
Business District. Section 52.32 and B3-General Business District. Section 52.33. In each of the
three business districts, there is an amendment which includes an interim use for areas that have
been rezoned to commercial from residential. ' This interim use allows the pre-existing residential
units to be used as multiple-dwelling or rental units for a specific period of time. The use would
cease upon the earlier of the specified time or if the zoning classification changes.
Amendment to Ordinance 52.09: POO - Planned Unit Development Overlay District. I have
changed Subd. 3(b )(5). It now reads that "In agricultural areas or on land that does not have
building development, PUD's will not be allowed ifthere has been removal of trees or grading of
soil within ten (10) years prior to the application for the PUD".
I have also made a typo change on page 4 of the Ordinance.
Amendment to Ordinance 84: General Parking Ordinance. A change was made under 84.05
which how states that there should be no parking on City street from November 15 to April 1
during the hours of2:00 a.m. to 7:00 a.m. A couple of typos were also changed. Section 84.07,
Subd. 1 was clarified to list the types of vehicles that are declared to be a nuisance.
Amendment to Ordinance 52.21: Transportation Corridor Overlay District Site and Design
Standards. I included a section under 52.21, Subd. 8(t) which requires that for all commercial
and/or multi-family residential districts which are adjacent to a public street, there must be a
street tree/landscaping plan which will be required as approved by the City.
1
Amendment to Ordinance 52: Regulation of Signs. I have included an additional definition of a
temporary sign to include a sign that is capable of being moved by mechanical or non-
mechanical means, including sandwich board signs.
Amendment to Ordinance 52: Fence Ordinance. We have included a description of what
maintenance-free materials is. We have deleted the section which states that maintenance-free
materials are "material which is marked as 'maintenance-free fencing'''.
Amendment to Ordinance 52.12: Zoning Ordinance Regarding General Performance Standards.
I have made a change that was recommended by one of the Planning Commission/Council
members regarding accessory buildings.
Amendment to Ordinance 51: Building Ordinance (Building number and key boxes). I have
made a number of changes with respect to typos and other minor matters in the Ordinance.
Ordinance 112: Exterior Solid Fuel-Fired Heating Devices. I have made a typo change.
2
AMENDMENt TO ORDINANCE 52
ZONING ORDINANCE
REGARDING REGULATIONS OF SIGNS
The Councilofthe City of St. Joseph hereby ordains:
That Ordinance 52.11 is revoked in its entirety and the following language is enacted in its place:
"Section 52.11: SIGNS
Subd. 1: Findings. The City Council hereby finds as follows:
a)
Exterior signs have a substantial impa.ct 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 trafficha.z,a,rds, 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 a.nd threaten the health; safety and welfare
ofthe community. The regulation ofthe physical characteristics of signs within
the City has had a positive impact on trktffic safety and the appearance of the
community.
Subd.2: Purpose and Intent. It is not the purpose or intent of this sign ordinance to
regulate the message displayed on any sign; nor is it the purpose or intent of this ordinance to
regulate any building design or any display not defined as a sign, or any sign which cannot be
viewed from outside a building. The purpose and intent of this ordinance is to:
a) Regulate the number, location, size, type, illumination and other physical
characteristics of signs within the city in order to promote the public health, safety
and welfare.
b) Establish standards which permit all persons the opportunity to display a wide
variety of messages; to preserve and protect the value ofland, buildings and
landscapes and promote the attractiveness of the community; to ensure that signs
in the City are nota safety hazard to lives and/or property, to preserve order and
to encourage persons to erect permanent signs al1d discourage temporary and/or
portable signs.
c) Improve the visual appearance of the City while providing for effective means of
communication" consistent with constitutional guarantees and the City's goals of
public safety and aesthetics.
d) Provide for fair and consistent enforcement of the sign regulations set forth herein
under the zoning authority of the City.
Subd. 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 wiOe 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: Severabilitv. 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 ofthe remaining portions of this Sign Ordinance. The City Council hereby
declares that it would have adopted the Sign Ordinance in each section, subsection, sentenc~, or
phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences,
clauses, or phrases be declared invalid.
. Subd. 5: Definitions.
a)
"Awning sign" - a building sign or graphic printed on or in some fashion attached
directly to the awning material.
b)
"Balloon sign" - a sign consisting of a bag made of lightweight material
supported by helium hot or pressurized 'air which is greater than twenty four 24
inches in diameter.
c)
"Canopy" - a roof like cover often offabric plastic metal or glass on a support
which provides shelter over a doorway. '
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
2
includes the illusion ofint~rmitte~tflashil1g tight by means ofanimation. Also
any mode of lighting which resembles zooming, twinkling or sparkling.
e) "Illuminated Sign" - any 'sign which has characters, letter figures, designs or
outline illuminateq 6y e'1ectric lights or luminous tube~ as part of th~ sign proper
or by -indirect lighting.
f) "Marquee" - any permanent roof like structure pr9jectingbeyond a theater
building Or extending along and projecting beyortd the wallofthat bUilding
generally designed and constructed to provide protection from the weather.
g) "Monumentsigrt" .-a free.standin~ sign i?",hichthe. e.rttire ?ase.ofthe sign
structure is in contact with the ground; providing a solid and .continuous
background for the sign face that is the saIlle Wiqth as the ~ignfrotn the ground to
the top of the sign. The base of the sign shall be constructed of a perrrtanent
-material such as concrete block or stone. The sign face shall occupy at least 5()%
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 ofthis sign
ordinance, easements and other appurtenances shall be considered to be outside
such lot and any sigrtlocated 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,polesor
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.
I) "Shimmerirtg signs" - a sign which reflects an oscillating, sometimes distorted,
visual image.
m)
"Temporary sign" - a sign that is not permanently affixed to the ground, a sign
that is not permanently affixed to any other permanent structure that is in turn
affixed to the ground, or a sign that is ,capapleofbeinl?, nlov<::~bYrnechallical()r
non-mechanical means. including sandwich board sif?ns.
3
-[ Deleted: not
) ,
n) "W all" ~ any structure which defines the exterior boundaries or courts of a
building or structure and which has a slope of sixty (60) degrees or greater with
the horizonjal plane.
0) "Wall sign" ~ any building sign attached parallel to, but within eighteen (18)
inches of a wall, painted on the wall surface of, or erected and confined within the
limits of an outside wall of allY building or structure, which is supported by such
wall or building, and which displays only one (1) sign surface,
Subd. 6: Permit Required.
No sign shall be erected, altered, reconstructed, maintained or moved in the city without
first securing a permit from the city. The content ofthe message or speech displayed on the sign
shall not be reviewed or considered in determining whether to approve or deny a sign permit.
Application for a permit shall be in 'writing addressed to the zoning administrator and shall
contain the following information:
a) names and addresses of the applicant owners of the sign and fot;
b) the address at which any signs are to be erected;
c) the lot block and addition at which the signs are to be erected and the street on
which they are to front;
d) a complete set of plans, showing the necessary elevations, distances, size and
details to fully and clearly represent the construction 'and place of the signs;
e) the cost of the sign;
f) type of sign (i.e. wall sign, monument sign, etc.);
g) certification by applicant indicating the application complies with all
requirements of the sign ordinance; and
h) if the proposed sign is along a state trunk highway or interstate highway, the
application shall be accompanied by proofthat the applicant has obtained a permit
from the state for the sign.
The zoning administrator shall approve or deny the sign permit in an expedited manner
no more than 60 days from the receipt of the complete application, including applicable fee. All
permits not approved or denied within 60 days shall be deemed approved. If the permit is
denied, the issuing authority shall ,prepare a written notice of denial within 10 days of its
decision, describing the applicant's appeal rights under Section 525 15, and send it by certified
mail, return receipt requested, to the applicant.
Subd.7: General Provisions. The following regulations shall apply to all signs hereafter
permitted:
4
a)
Signs shall not be pernlitted within the. public ri~ht-of-wa,y or easements, eXcept
as. erected by an official unit of government or public utilities for the direction of
traffic or necessary public informatipll, ullless approved by the appropriate
government entity. '
b)
Signs shall not be con:stn.tcted 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, hlgress or egress for any building or
structure.
f)
Where a sign is an illuminated sign, the source oflight shall not shine upon any
part of a residence or into a residence district or any roadway.
g)
One (1) sign, regardless of its type, shall be permitted on each parcel of property
in any residential district, and such signs shall be limited to an overall area of six
(6) square feet. The limitatiohs stated in this provision can only be modified
according to Subdivision 14 of this Section. .
h)
The following types of signs are not permitted in any residential district:
1. Awning signs
2. Marquee signs
3. Balloon signs
4. Pole signs
5. Canopy signs
6. Pylon signs and
7. Flashing signs
8. Shimmering signs
9. Wall sign
i)
Pylon signs and off-premise signs shall not be permitted in any ,zoning district.
j)
No sign shall be of such a nature or placed in such a position that it will cause
danger to traffic on a street.
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
5
any sign that contacts the ground and the owner of the land on which the same is
located shall keep grass, weeds and other growth cut and shall remove all debris
and rubbish from the lot on which the sign is located. Ifthe owner, licensee or
owner of the property fails to act in accordance with this paragraph, the City may
remov~ 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 projectmore than two (2) feet over a public sidewalk.
m) Signs shall not be located on the roof of a building.
n) No sign shall be painted directly on the side of the building, unless it is clearly
demonstrated to the Planning Commission, at the time that a permit for the sign is
applied for, that the location of the sign does not threaten the structural inte,grity
of the building in question, cause a safety hazard to any persons or property in the
vicinity of the building in question, and is aesthetically consistent with and
non-offensive to the properties in the immediate area of the building in question.
0) No sign shall violate the side or rear yard setback requirements of the district in
which it is placed.
p) No sign shall exceed 250 square feet in surface area.
q) Except for monument signs and temporary signs, the surface area of the base of
any sign shall not exceed :25% of the face area unless structural engineering
illustrates the face cannot meet the wind loading requirements of the Building
Code.
Subd.8: Temporary Signs.
a) Fee. A fee set forth by resolution applies to a permit for temporary or portable
signs.
b) Maximum Size. The maximum size of a portable or temporary sign is sixty-four
(64) square feet. 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.
d) Illuminated Signs. Illuminated signs, whether temporary or portable, shall have a
recognized seal of approval of listing from Underwriters Laboratories Inc. (UL)
or other recognized electrical standard and installed in conformance with the
6
listing or, if more restricted, the National Electrical Code as adopted by the' State
of Minnesota.
e ) One Sign Per Parcel., There shall,be nO Dlore tha~o~ete.D1POrary or portable sign
per parcel ofpr~pero/. In the event th~tthere~re Dl~ltip!eten~t!; on a,.sil1gle
parcel ofpioperty on which temporar)' orpottable.sigllsare allowed, not lllore
than two portable ~i~ns shall !>e1ocatedoI). tl1eparcel a~an.ygiYen tiDle. One
portable sign will be allowed per strip mall site within the B-2 district.
f) Ground Fault Circuit Interpreters. The internal wiring of an illuminated outdoor
sign that is temporary or portable and readily accessible shall be supplied from,
and protected by, ground fatilt circuit interpreters,
g) Extension Cords. Extension cords used to supp!ypower tq portable or tempora,ry
signs shall be enclosed in metal cOJiduit or elevated at least nine (9) feet above the
ground to prevent tripping or electricai hazards.
h) Anchors. AIlchorSfor portable or temporary signS shall be ,subJec:t to approval by
the Building Inspector and maintained to prevent displacement or tipping over
during high winds.
Subd. 9: Exemptions. The following sign shall not req~ireCl permit. This exelllption?
however, shall not be construed as relievin~ the owner of the sign from therespon!;ibilio/ of it!;
erection and maintenance, and its compliance with the provisions of this ordimince or aI).y other
law or ordinance regulating the same. The exemption is as follows: The changing of the display
surface on a painted or printed sign 01'11y. ,This exemption, however, shall apply only to poster
replacement and/or on-site changes involving sign painting elsewhere than directly on a building.
Subd. 10: Permitted Signs: Business Districts.
a) Wall Signs. Each tenant other than those in multi-tenant buildi(lgs may have one
flat wall sign. Such signlige may extend fromthe face of the roof over a covered
walk. Such wall signs shall not exceed 15% of the area of the wall to which the
sign is attached, to a max:imumof9osquare feet.
b) Monument Signs, Each tenant other than those in multi-tenant buildings may
have a monument sign that shall not exceed 80 square feet in surface area, and 15
feet in height, and is setback a minimum 20 feet from the property lines.
c) Multi-tenant Wall Signs. Each tenant in a multi-tenant building may have a flat
wall sign. The aggregate area of such signs shall not exceed 5% of the area ofthe
wall to which they are attached.
d) Multi-Tenant Monument Signs. One monument sign shall be permitted for each
multi-tenant building provided the surface area of the sigll does not exceed 100
square feet, per side, and IS feet in height, and is setback in no case less than 20
7
feet from the property lines. The area may be increased to a maximum of 150
square feet per side for developments of over 20 acres.
e) Canopies and Awnings. The design of canopies shall be in keeping with the
overall building design in terms oflocation size and color. No canopies with
visible wall hangers shall be permitted. Signage 011 canopies may be substituted
for allowed building signage and shall be limited to 25% ofthe canopy, area.
Internally-illuminated canopies must be compatible with the overall color scheme
ofthe building.
Suhd. 11: Design Standards for Downtown and High Visibility Corridors.
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 permanent signs are prohibited in the B-1 District
directly adjacent to Minnesota Street; except one monument sign may be
permitted per parcel of property provided the aggregate size of the
monument does not exceed one square foot for every one foot of frontage.
2. Signs shall be architecturally compatible with'the style, composition,
materials, colors and details 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 only to the
design and appearance of the signage 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 i)1 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.
7. The maximum height of a sign in a business district shall be IS feet.
8
8. Projecting signs are allowed in the B-l District directly adjacent to
Minnesota Street and College provided:
a) The projecting sign does nbt extend beyortd the first floor of the
building.
b) No less than tert, feet of6learanc~ i~ provided~etween 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) Ma.xinium distance between a projecting sign and the bllildingfa:ce
doesn't exceed one foot.
9. Sandwich BoatdSigns are allowedo111y inthe 11-1 District directly
adjacent to Minnesota Street and College provided:
a)
Nomorethallone sandwich board sign shall be allowed for each
tenant on a parcel ~f property.
b)
The sandwich board sign does not exceed 36" in height odO" in
'width.
c)
The sign isdisplayed only during normal operating hours of the
business on the parcel of property on which the sign is located.
d)
The sign does not require any form of electricity or display lights
or moving parts.
- e)
That such signs do not block driveways, entryways or pedestrian
accesses, do not significantly occlude the sidewalk and/or do not
impact sightlines/view at street intersections.
f)
The sign is made of weather and wind resistant materials of
superior quality .
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. .
i)
The sign owner provides proof ofIiability insurance listing the
City as an additional insured and holding the City harmless at the
same time it applies to the City for a permit for the sign. '
9
b) Design Standards for Properties with HighwaylFreeway Visibility. The following
standards pertain to. signs within the B-2 General Business District, the B.3
District and Industrial Districts which are visible from Interstate 94. These
standards are in addition to, and supersede, other standards contained herein.
1. The standards contained in this subdivision relate to signs on parcels
adjacent to or visible from principal arterials, minor arterials, and collector
streets.
2. Signs shall employ superior-quality, permanent materials. Natural
materials. such as wood, brick, stone, glass, etc are highly encouraged.
3. Signs shall be architecturally compatible with the style, composition,
materials, color and details ofthe 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 applies only 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 aesthetically
pleasing and complimentary to the quality of uses within the area. .
Subd. 12: Non-Conforming Signs: Compliance. It is recognized that signs exist within
the zoning districts which were lawful before this sign ordinance was enacted, but will be
prohibited under the terms of this section. It is the intent of this sign ordinance that
nonconforming signs shall not be enlarged upon or expanded, nor be used as grounds for adding .
other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign
ordinance to permit legal nonconforming signs existing on the effective date of this sign
ordinance to continue as legal nonconforming signs provided such signs are safe, are maintained
so as not to be unsightly, and have no{been abandoned or removed subject to the following
provisions:
a) No sign shall be enlarged or altered in a way which increases its nonconformity.
b) If the use of the nonconforming sign or sign structure is discontinued for a period
of one year, the sign or sign structure shall not be reconstructed or used except in
conformity with the provisions of this ordinance.
c) Should such nonconforming sign or sign structure be damaged or structure be
destroyed by any means to an extent .greater than fifty (50) percent of its market
value and all required permits for its reconstruction have not been applied for
10
within 180 days of when the sign orsign structure was dam~ged, 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 rf:gulations for the zoning district in
which it is located after it is moved.
e) No existing nonconforming sign shan be enlarged, ex:panded or moved except in
changing the sign to a sign permitted in the zoning district in which is it located.
f) When a parcel of property loses its nonconforming status all signs devoted to the'
property shall be removed and all signs painted directly on any structurf:Ollthe
property shall be repainted in a neutral color or a color which will harmonize with
the~structure.
Subd. 13: Signs in Developinlt Subdivisions. During the development of a new
subdivision consisting of two (2) or more lots, there shall be allowed two (2) signs in the
subdivision, not to exceed twelve (12) feet in height. ~ fee is required to be paid for these signs,
as set by Council resolution. The City shall not review or consider the content of any message to
be displayed on such signs when determining whether to grant a permit. In addition to the signs
mentioned above, there shall be permitted one (I) sign not exceeding four (4) square feet, and
not more than six (6) feet in height, per lot in the subdivision. All signs allowed according to
this Subdivision shall be removed when 75 percent of the lots in the subdivision are fully
developed, or within two (2) years following the beginning of development in the subdivision,
whichever comes first. No signs allowed according to this Subdivision may be illuminated.
Subd. 14: Non-Commercial Speech. Notwithstanding any other provisions ofthis sign
ordinance, all non-commercial signs of any size may be posted in any number from August 1 in a
state general election year until ten (10) days following the state general election, and all signs
with a surface area of 50 square feet or,less containing non-commercial speech may be posted
from eight (8) weeks prior to any special election until seven (7) days following the special
election. . Signs permitted under this Subdivision shall be set back a minimum distance of no less
than fifteen (15) feet from the curb line, shall not be on any public right-of-way, and shall not be
permitted on school property or any other public lands.
Subd. 15: Substitution Clause. The owner of any sign which is otherwise allowed by this
sign ordinance may substitute non-commercial speech in lieu of any other commercial speech or
non commercial speech. This substitution of .copy may be made without any additional approval
or permitting. The purpose ofthis provision is to prevent any inadvertent favoring of
Commercial speech over non-commercial speech or favoring of any particular non-commercial
speech over any other non-commercial speech. This provision prevails over any more specific
provision to the contrary.
This amendment is adopted the
be effective upon publication.
day of
, 2006, and shall
11
This amendment was published on
L:\CITY\STJOE\2006
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
,2006.
12
ORDINANCE 52.21
TRANSPORTATION CORRlDORDVERLAY DISTRICT SITE AND DESIGN
STANDARDS
The Council of the City ofSt. Joseph hereby ordains:
That the St. Joseph Code Book is amended by the addition of Ordinance 52~21. Ordinance
52.21 shall state as follows: .
"Section 52.21: TRANSPORTATION CORRIDOR dVERLA Y DISTRICT SITE AND
DESIGN STANDARDS
Subd. 1. Intent.
a) This district is intended to protect .and . promote the health, safety ,. and ~eneral
welfare of the public; to enhance the. visual appearance of the corridor; to protect
and promote the appearance, character and economic values along the corridor
and the surrounding neighborhoods.
b) This district is furt~ermore in.tended to maintain the lon~7termJllnct~on <:)f
arterial and collector roadways; to limit access and the number of contlict
points; to promote veh12ular Circulation; and to 'promote prevention or reduction
r of traffic congestion and dangeJ,: in the public streets.
Subd. 2. Scope.
a) The Transportation Corridor Overlay District shall be defined as follows:
1. CSAR 75 Corridor:
a) West of South Fork ofWatab River: areas within 300 feet from
the nearest edge of the CSAR 75 right of way.
b) CSAH-75 West of 20th Avenue: areas within 300 feet from the
nearest edge of the CSAR 75 right of way.
2. 20th Avenue Corridor:
a)
South of C~AR 75: areas within 300 feet from the nearest edge
th . .
of the 20 Avenue right of way. .
b)
North of CSAH 75: areas within 300 feet from the nearest edge
of the 20th Avenue right of way.
3. CSAR 2/CSAR 3 Corridor:
a) South of CSAR 75: areas within 300 feet from the nearest edge
of the FUTURE CSAR 2 right of way.
b. North of CSAR 75: areas within 300 feet from the nearest edge
of the CSAR 2/CSAR 3 right of way.
- I
4. 1-94 Corridor:
a) 500 feet from the nearest edge ofthe 1-94 right of way.
Subd. 3. Exemptions. Single and two-family residential uses shall not be subject to the
standards of the transportation corridor overlay district. However, at such time that a single or
two-family residential use is to be converted to another use it will be subject to the standards of
the transportatio~ corridor overlay district.
Subd. 4. Uses Allowed. Permitted, conditional, interim and accessory uses allowed
within the transportation corridor overlay district shall be the same uses those allowed in the
applicable underlying zoning district(s).
Subd. 5. Setbacks, site coverage, building height, building requirements . contained
within the applicable underlying zoning district shall apply. In addition the following standards
shall be observed. All buildings shall maintain a minimum setback of one hundred (100) feet
from the road right-of-way limit. Comer lots shall maintain two front setbacks.
Subd. 6. Parking Standards. The following standards shall be in addition to those
required within Section 84 of this ordinance relating to off-street parking and loading. Where
~tandards conflict the most restrictive standard shall apply.
a) Parking areas shall be designedand located so as to have minimal visual impact
along transportation corridors. Therefore, all parking areas shall be constructed
in the rear or side yards, unless specifically permitted in the front yard by the
Planning Commission. When permitted in the front yard, additional landscaping
and buffering may be required by the Planning Commission to minimize visual
impact. No parking will be allowed within a fifty (50) foot setback from the
nearest external boundary of the applicable transportation corridor right-of-way
limit.
b) Where a development application covers land located adjacent to an existing
parking lot used for similar purposes, a vehicular connection between the
parking lots shall be provided wherever possible. For development applications
adjacent to vacant properties, the site shall be designed and constructed to
provide for a future connection.
c) Parking lot landscaping. All development sites shall landscape an area
equivalent to fifteen (15) percent of the total area of the required parking lot.
Said required landscaping shall be employed within the subject parking lot and
adjacent to walkways within and leading to/from the subject parking lot.
Subd. 7. Sign Standards. The following standards shall be in addition to those required
within Section 52.11 of this ordinance relating to signs. Where standards conflict the most
restrictive standard shall apply.
a) Free-standing signs shall not be placed nearer than twenty (20) feet from the
nearest edge of the transportation corridor right-or-way.
b) Free-standing signs within the required landscaped greenway shall be designed
2
in a manner complementary to the landscaped greenway.
c) Free"standing; identification signs shall have a low-profile design nqt tnorethan
eight (8) feet in. heig;ht and shall be designed to cOlllplementand reflect the
architecture of the building.
Subd. 8, Site Design Standards,
a) Viewsheds.
1. Viewsheds shall be defined as the area between two separateJocations
wherein an uninterrupted view of each point is maintained. The
viewshed in. the. transportationcolTidqr overlay district. shall at a
miniml.lm correspond to. a.. forty (4Q) . foot lanc!scaped greenway as
measured from the nearest edg;e of the applicable right of way,
2. Vie\Vsheds shall beconsiderediri aU development proposal. appliqations
within the transporta,tiqn cqrridor overl~y district.
3. Development shall be designed to minimize the visua] intrusion of all
bllildin~s, structure&, and land&caping in the viewshed.
b) Outside storl.\g;e/display bfgoods. Outside storage or display of goods except
automotive and similar large item sales shall be completely screened from the
view of the corridor roadway by the employment of a vegetative buffer. This
stan.dard is in addition to those required within the underlyingzoniIlg 0
classification and Section 52.10, Subd. 10 of this ordinance relating to outdoor
storage. Where standards conflict the most restrictive standard shall apply.
c) Utilities. lJtility lines,. inCluding electric, cable and telephone, to serve the
development project shall be installec! underground. All junction and access
boxes shall be screened. All utility pac! fixtures, meter boxes, etc. shall be shown
on the site plan and integrated with the architectural elements of th~ site. In
redeveloping areas within the transportation corridor overlay placement of
utility lines underground is highly encouraged.
d) Fences.
I. This. stan.dard is in addition to those in Section of this ordinance relating
to fencing. Where standards conflict the most restrictive standard shall
apply.
2. Fences exceeding four (4) feet in height shall be located in the side and
rear yards only.
3. Chain link fences, including those with slats are prohibited when visible
from the public right-of-way.
4. No fence shall be permitted in the front yard, except that those provided
to enhance the visual appearance of the site/landscaping plan may be
allowed provided they do not exceed two feet in height and are of a
3
reasonable linear length.
e) Mechanical equipment. Mechanical equipment shall be shielded and screened
from the public view and designed to be perceived as an integral part of the
building.
t) ,$~r.e~t !r~t:J'!ll.d~~apil'!g.)!l_ al! .!n,s_tll:nc~~ ~he!t: ~Q1!1~e.!~i!l1 !l1!419r. !1!uJt~-J!l1!1ily_ ,.'
residential districts are adjacent to any public street. street tree/landscaping will -
be required as approved by the City \(
I
Subd. 9. Building Lavout/Design.
a) Integrated development. All buildings within the property shall be developed as
a cohesive entity, ensuring that building placement, ,architectural treatment,
vehicular and pedestrian circulation and other development elements work
together functionally and aesthetically. Architectural treatment shall be designed
so that all building facades of the same building (whether front, side, or rear)
that are visible from the public right-of-way, shall consist of similar architectural
treatment in terms of materials, quality, appearance and detail.
b) Clustering. Buildings shall be clustered together to preserve natural and
landscape open areas along the transportation corridor. Buildings shall be
arranged in a manner that creates well-defined open space that is viewable from
the traveled portion ofthe corridor. '
c) Architectural Appearance/Scale.
1. New buildings shall have generally complex exterior forms, including
design components such as windows, doors, and changes in roof and
facade orientation. Large flat expanses of featureless exterior wall shall
be avoided. The treatment of buildings shall include vertical architectural
treatment at least every 25-30 feet to break down the scale of the
building into smaller components.
2. Orientation. Building facades and entrances should be oriented ina
manner toward the primary means of vehicular access.
3. Scale and proportion. New construction should relate to the dominant
proportions of buildings and streetscape in the immediate area. The ratio
of height to width and the ratio of mass (building) to void (openings)
should be balanced.
4. Architectural details shall continue on all facades visible from the public
right-of-way.
5. Any facade with a blank wall shall be screened with vegetative
treatments andlor the installation faux architectural treatments (e.g.
fenestrations) so as to break up the mass and bulk of the facade in a
manner fitting the intent of this section.
d) Materials. Building materials shall be typical of those prevalent in commercial
4
, Deleted: (CONSIDER ADJACENT TO
CSAH 2)
Formatted: Font: Not Bold
Deleted: s... (NOTE: DESIGN
STANDARDS ARE BEING
OBTAINED BY CYNTHIA SMITH-
STRACK)
. Formatted: Font: Not Bold
areas, including, but not limited to, stucco, brick, architectural block, decorative
masOI{ry, non"retlectiveglass~d similar materials. Architectural metal mttY be
used fora portion offacades facing public rights, of wl!;Y but shaH not be "the
dominant. Illaterial eIllployedwith winciows anci. doors' being excluded, from this
calculation..
e) Color. TM p~rmanent color of buildil1g materials, (to b~ left uIlpainteciJ shall
resemble, earthen tones prevalent in nature. ShoW aml strikil1g colors shall be
avoided.
f) Lighting: '
I. All outdoor lighting fiXtures shaH be down.,directed, with light trespass
not to exceed 0.5 foot-candles atthe property line. .
2. All island canopy ceiling fixtures shaH be recessed.
, 3. Whenever possible commercial lighting should ,be reduced in
volume/intensity when said commercial facilities are not open for
business.
Subd. 10. Vegetative Screening/Buffers.
a) This standard is in addition to those in Section 52.12, Subd. 3 of this ordinance
relating to landscapirig. Where standards conflict the most restrictive standard
shall apply. .
b) Any required vegetative/planting screen shaH be designed, planted and
maintained in accordance with a landscaping plan approved by the Zoning
Administrator.
c) The painting screen shall provide an effective buffer between the area to be
screened and t~e adjoining roadway or commercial/industrial development.
d) The planting screen may be comprised of previously existing vegetation
(provided that the majority of such existing vegetation is trees), new plantings or
any combination of existing vegetation and new plantings. When complete, the
vegetation and plantings shall provide a dense year-round screen satisfying the
purpose and intent of this section.
e) The planting screen may consist of a mixture of deciduous and evergreen trees
andlor shrubs or a planting of evergreen trees and/or shrubs.
f) The planting screen shall be subject to on-site inspection by the City which, if
necessary, may prescribe that additional plantings be made in order to satisfy the
standards set out herein.
~ g) The property owner shall maintain vegetative/planting screening in accordance
with the approved landscaping plan and to abide by requirements for any
additional plantings.
5
h) Vegetative buffering. In all instances where commercial and/or multi-family
residential. districts are a<ijacent to single-family residential districts~ and in all
instances where commercial districts are adjacent to multi-family residential
districts, there shall be established within the commercial and/or multi-family
district, as applicable, a screened. yard of vegetative buffering between, the
districts. The arrangement and spacing Of the vegetative buffer shall b<;: provided
in such a manner as to effectively screen the activities of the siIbject lot. It shall
generally be provided along the property line, unless topographic or other
considerations would make it more effective if located back from the property
line."
This Ordinance 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 Ordinance was published on
,2006.
L:\CITY\STJOEI2006
6
AMEND~ENTTO ORDINANCE 52.09
PUD - PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT
The Council of the City of St. Jos~ph hereqy ordains:
That Ordinance 52.09 is revoked in its entirety and the following language is en,acted in
. its place:
Section 52.09:PUD - PLANNED UNIT r>EVELOPMENT OVERLAY DI~TRICT
Subd. I: PU'l'ose and Int~nL The purpose of this section is, to provide, for the
modification of certainregulation~ '-Yhen itcCl~ bedernonstr~ted that, suchlIlqdification
would result ina development, which would not increase the density and intensi~ofIand
use beyond that which would be allowed if no regulations were modified; would preserve
or create features or facilitieso[benefitto thecomrnunity suSh a$, but not limited to open
space or active recreational facilitie~, which features or facilities wouldll?t have bl;len
provided if no regulations were modified, would be compatible with surrounding
development, and would conform to the goals and policies of the Comprehensive Plan.
Throughout this title, "PUD" shall mean the same as "planned unit development".
Subd.2: Benefit to the Public Intended. PUD's are intended to encourage the
efficient use of land and resources,toprOlllot(;lgreater efficienc:y in public utility services
and encourag(;l 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: _
I. Pro actively and tangibly address the demand for housing for all economic
levels; ,
2. Provide greater variety in tenure, type, design and sitting of dwellings.
b) The reestablishment, preservation and/or enhancement of desirable site
characteristics su:ch as natural topographic and geologic features.
c) A variety ofhousi>>g types/densities together with preservation of open
space/natural features within one development.
d) The creation of active andLor passive recreational opportunities and/or
facilities that would not have been provided ifno 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 regulatiens of the zone in which the PUD is proposed to be located and
I
provided to the standard of subsection B (immediately following) are
achieved:
1. Single-family PUD's, comprised of detached dwelling units on individual
lots, necessary streets rights-of-way to serve such dwelling units and any
common open space, recreatiomil 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 publiq 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 abovetypes, 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 subjecttouse
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 Planned 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 Permitted Use and a
multiple residential dwelling units will be allowed, but only if at
least 50% of the interior square footage (exclusive of the basement
or cellar) is used full time for a Permitted Use, and said permitted
and residential uses are not conflicting. The area consistingof
multiple residential dwelling units must meet the standards of
Section 52.29, Subd. 5 and 6; and said residential uses occupy only
the upper and/or rear portions of structures. Off-street parking
requirements shall be separately determined for the commercial
and residential uses in accordance with Section 52.10.
c) B-2 Highway 75 Business District and B-3 General Business
District - five (5) acres minimum. '
2
d) LI - Light Indm;trial Pistrict - twenty (2Q) acres minimum
3. The designofa PUDshaJI take into account the relationship of the siteto
the surrounding areas. Thl:l perimeter of the PUD shall be so designed as to
minimize undesi~able illlB~ct?~thePUD. oIlagjacentprQperlies and,
conversely, to millimize. UIldesirabl~ impact of adjacent land use ang
development characteristics on the POO,
4. Common open space shall be either held in common ownership by all
owners in the PUD ordedicated fQrpublic use with aPJlroval of the City
Council. Whene"er possible, colllmoI19P~n space shall be linked to the
open spaceareasof.~gjoiI1ingdevel()pllle~ts. QOllltnonQpeI'l spac~shall be
of such size, shape, character, and locations as to be useable for its
proposed purpose.
5. In agriculturatareasoronlandth~tdoes.nothav~ building development.~_
PUD's wilInot'beaIl?wediftherehasbeenremoval of trees or grading of
soil within ten nO) years prior to the application for the PUD.
Subd.4: General ReauirementsIPermitted Modifications.
a) In 'General. In considering a proposed plannedunit develoPlllent 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. ill order to b.e
granted any such modifications, the .applicant shall demonstrate that the
proposed de"eloPtnentcolllplies with the purpose ofthis section. The
applicant shaJI bear the. burden of supporting any change in requirements. The
city may increase any requirement necessary to make the project conform to
the purposes of this. se.ction.
1. Allowed Uses. Uses within the PUD may include only the uses generally
considered associated with the general land use category shown for the.
area on the official Comprehensivl:l PlanL.and Use Plan. Specific allowl:ld
uses and performance standards for each POD shall be delineated in the
rezoning ordinance(ifrequired), 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 permitted
uses with the acceptance of the development plan and agreement. Any
change in the list of uses. presented in the development plan and agreement
will be considered a major amendment to the POO and will follow the
procedure described herein relative to major ptJD amendments.
3
,,' Deleted: PtJD's will only be allowed 1
o.nprope rty th at. has been und1's.turbed Dor
a period of twenty (20) years or more.
POO's will not be allowed on property in
which trees have been removed prior to
the application for the PUD.
2. Front Yard Setbacks. The requirements for minimum front yard setbacks
for the zone in which the'planned unit development is located shall apply
to all exterior boundary lines of the site.
3. Distance Between Buildings. The planning commission shall set minimum
distances between structures to assure adequate sunlight and open space;
provided, that minimum distances required by building and fire codes
shall be met.
4. Buildings shall be designed to prevent the appearance of straight,
unbroken lines in their horizontal and vertical surfaces. No residential
building shall have a single exterior walllongerthan 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. .J3_ujldil!& l}~ight f!l!d_ ~~r~~SP9I)gi!1KS~!b_a9~ !~q1!i~~l1!~I!~ ~hl!l! ~~ g9Y~f!l~g -
by the requirements of the underlying zone district classification as set
forth therewith.
6. All permitted, permitted accessory and/or conditional uses contained in the
underlying zoning district shall be treated as permitted, permitted
accessory and conditional uses in PUD overlay district. Uses not listed as
permitted or conditional in a specific district shall not be allowed in a
PUD unless it is found that the use is complimentary to the functionality
of the development an~ 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, other public dedications,
such as but not limited to storm water detention ponds, trails and
parklands . have been determined and subtracted from the total PUD area.
Excluded from the calculation of developable property shall be areas.
which would normally not be developable, such as waterways or water
bodies, shorelands, flood plains, and the like in addition to areas required
for streets, parks, pedestrian facilities, storm water controls and placement
of public utilities. Wetlands can be utilized to determine the area of
developable land. The maximum density for multiple dwellings under the
PUD shall be one one-bedroom unit for each 2,500 square feet of lot area,
one two-bedroom unit for each 3,000 square feet of lot area, and one
three-bedroom unit for each 3,500 square feet of lot area and for each
additional bedroom (over 3) per unit, an additional 500 square feet oflot
area. If the property involved in the PUD includes land in more than one
4
{ Deleted: Building Height.
zoning district, the number ofdweUiqg units orthe square foot~ge of
commercial, residential or industrial uses in thePUD shall be proportional
to the amountth~twould be allowed separately on the parcel~ located ih
each. of the underJyillg zQuillg districts.
8. Off-street parking and loading space shall be provided in eachPUD in the
same ratiosfor type~ Ofbuildin~s aIiduses as required in the. underlying
zoning district. ,TheCio/may reduce the. )lumber {Jfparkillg .spaces in
commercial. districts provided thePU])applicants submit information
demonstrating a reduceciueed forparkiIJg facilities (e.g. senior housing
'complex, PUD's featuringj(Jintparkin~ facilities., parking study,
. proximity to and availability ofbus service coupled with transit-friendly
design, etc).. The red~ction in off-street parking and loading~pace must be
pursuant to a special Use permit with conditions set by tl)e City Council.
. .
9. The major internal streetsseryingeach planned unit devel()Pnient shall be
functionally connected to at least one minor arterial or collector street as
defined by the comprehensive plan.
b) InSingle-FamilyPuDs. Single-family PUDs, shall be subject to the following
limitations in modification of regulations in addition to those litnitations set
forth in .subsection a (above, entitled "permitted modifications of regulations,
in general") ,
1. The minimum lot size as required in underlying zoning classification may
be reduced py up to 15 percent; provided, that an area(s), not including a
critical area or storm water conveyance orstoragefacility, equal to the
combined r<;:duction 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 ofthe
comprehensive plan;
d. The applicant shall demonstrate that the area proposed to be set
aside creates a public benefit which would not exist ifthe
minimum lot size were not modified.
2. The minimum lot width as required within the underlying zoning
classification may be reduced up to 10 percent;
5
3. Required yard setbacks shall not be reduced.
c) Non-single-family PUDs. Non-single-family PUDs shall be subject to the
following limitations in modification of regulations in addition to those
limitations set forth within the underlying zoning classification.
1. When a PUD containing dwelling units is proposed on property having
more than one underlying residential zone, the total number of dwelling
units allowed rnay be determined by totaling the number of dwelling units
allowed to be located on each portion ofthe PUDarea located in a
separate zone accorditlg to the regulations of that zone.
2. The City, at its discretion, may allow the number of units arrived at under
subsection c-l (immediately above) be located anywhere within the
planned unit development subject to the PUD approval process set forth in
this chapter and provided that the City make a finding of fact that a public
benefit resulting from such action is present.
Subd. 5: Subdivision Requirements. The approval ofa subdivision shall be
required of all projects which involve or contemplate the subdivision ofland and the
procedures set forth in the subdivision ordinance. shall be followed concurrently het:ewith.
The approved final development plan Shall be a binding site plan.
Subd.6: Pre-Application/Informational Meeting and Concept Plan Required.
a) Informational Meeting. Prior to filingap application for Preliminary PUD
plan approval, the applicant of the proposed PUD shall arrange for and attend
an informational meeting with City staff. At such conference, the applicant
shall be prepared to generally describe their proposal for a PUD. The primary
purpose of the meeting shall be to provide the applicant with an opportunity to
gather information and obtain guidance as to the general suitability of the
conformity to the provisions ofthis code before incurring substantial expense
in the preparation of detailed plans, surveys, and other data.
b) Following a pre-application/informal meeting, but prior to submitting an
application for preliminary plan approval, the applicant for a proposed PUD
shall submit to the City a general concept plan.
1. Purpose. The general concept plan provides an opportunity for the
applicant to submit a plan to the City showing their basic intent and the
general nature ofthe entire development without incurring substantial
cost. This concept plan is not considered an application for development.
Review and acceptance of the concept plan by City staff does not
constitute approval of the plan by the City. Review and acceptance of the
concept plan merely allows the applicant to initiate the development
process after an application has been submitted to the City. The concept
6
plan is simply an informal metho4 ofprovidillg 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 PUDd~nsity rartge.
b. General location ofmajot 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 arid timetable of development.
f. Other special criteria for development.
8ubd. 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 final pub approvals shaH be processed concurrently with the
platting procedu~es set forth in the City's Subdivision Ordinance. RequiredJ
data, parkland/fee in lieu of parkland dediCation, design standards and .
required improvements shall be the same as per a conventional subdivision
and as set forth within the City's Subdivision Ordinance. In addition to the
data requirements itemized within the Subdivision Ordinance the application
shaH also include information necessary to process the PUD preliminary and
final plan(s) as contained within this chapter. The City Administrator may
waive requirements determined to be redundant.
Subd. 8: Phased Development. Development ofthe project may be phased, in
which case each complete phase may be processed separately throllgh both _
preliminary development plan review and final development plan review. A map
showing all property owned or controHed by the developer which is contiguous to
the development site or which is within the area determined by the City to be
relevant for comprehensive planning and environmental assessment purposes,
together with a preliminary plat of said properties' eventual development through
all potential phases shall be submitted with the application for the first phase. The
developer is not responsible for providing a preliminary plat for contiguous or
nearby property which is not owned or controlled by the developer. The
preliminary plat shall conform to the purposes of this section and shall be used by
the City to review all phases of the development. All phases ofthisdevelopment
7
shall conform to the preliminary plat, all conditions of approval and applicable
regulations.
Subd. 9: Preliminary PUDs ~ Contents of Complete Application.
a) The applicant shall file with the City a preliminary plat plan which is
consistent with the requirements of the City's Subdivision Ordinance,
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. A proposed site plan for the subjectproperty depicting the following:
a. Identify all setbacks for lots and other areas of the development.
b. Identify boundaries of areas of trees. Also identify areas where there
are trees eight inches in trunk diameter measured four feet above the
base of the trunk;
c. Designated placement, location, and principal dimensions of lots,
buildings, streets, parking areas, recreation areas and other open space,
landscaping areas and utilities;
d. If the developer owns or otherwise controls property adjacent to the
proposed develqpment, a conceptual plan for such property
demonstrating that it can be developed in a compatible manner with
the proposed development;
e. Park and trail plan pursuant to Ordinance 54.18.
4. A conceptual landscape plan showing existing and proposed landscaping
including groundcover, shrubbery and tree species;
5. Drawing and/or text showing scale, bulk and architectural character of
proposed structures;
6. For single-family PUDs, a conceptual drawing depicting the number and
location of lots which would be allowed if no regulations were modified;
7. Special features including but not limited to critical areas and site or
structures of historic significance;
8
8. Text describing conditions or features which cannot be adequately
displayed on maps Or drawings;
9. A narrative statingho", the.prqpose4 develqpment cOlIlplies with the goals
and policies of the Comprehensive Plan; .
10. A narrative itemizing all proposed land uses (permitted, coriditionaJ,
interim,ac.cess?ry)conditio~s related theretQ (proposed andas re9uired
within theu~derlyin$ zonim~ classification).and the,e~tlent of proposed
uses (i.e. number of units; density allowed via'underlying zoning
classifications and density proposed for thePr;p; .
11. A narrative statiIlg ho", the proposed PUP plan impactSadjacellJ prqperty
owners;
12. ,A narrative describin.g proposed operation/maintenance of the
developmentincllldiIl$?penareas, storm water features and recreational
facilities resulting .frolIl the subdivision;
13. If applicable, draft conditions, covenants and restrictions and other
documents relating. to operatioIland 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 app Iicant may submit to the City Administrator director proposed
development standards; which, if approved by the City, shall be come a part of
the preliminary plan in . lieu of the requirement of subsection a-2 of this section
for specifying placement, location and principal dimensions of buildings,
streets, and parking areas. This alternative process is intended to
accommodate the need for flexibility in large-scale non-single-family
developments, while insuring "that sufficient information as to the nature. of the
development is available upon which to base a decision concerning the
preliminary development plan. Proposed development standards shall
specifically set forth parameters for location, dimensions and design of
buildings, streets and parking areas.
S ubd 10: Preliminary PUDs - Criteria for Approval
a) Preliminary PUD approval shall be granted by the City only if the applicant
demonstrates that:
9
I. The proposed project shall not be detrimental to present and potential
surrounding land use.
2. Land surrounding the proposed development can be planned in
. coordination with the proposed development and can be developed so as
to be mutually compatible.
3. Streets and sidewalks, existing and proposed, are suitable and adequate to
carry anticipated traffic within the proposed project and an in the vicinity
of the proposed project, in light of the criteria set forth in the Subdivision
Ordinance and the comprehensive plan.
4. Services including portable water, sanitary sewer and storm drainage are
available or can be provided by the development prior to occupancy.
5. Each phase of the proposed development, as it is planned to be completed,
contains the required parking spaces, recreation spaces, landscape and
utility areas necessary for creating and sustaining a desirable and stable
environment.
6. The project conforms with the purposes and standards prescribed in this
chapter.
7. The project conforms to the Comprehensive Plan.
b) Conformance with the design standards and required improvements as set
forth within the Subdivision Ordinance.
Subd. 11: Preliminarv puns - Minor and Maior Changes to an Approved
Preliminarv pun.
a) A proposed minor change to anapproved pun require a public hearing and
shall be incorporated into the application for final pun approval, and any
notification regarding such final pun !l.pproval shall describe the proposed
minor change(s). A "minor change" means any departure from the conditions
of preliminary approval which is not a "major change" and includes but is not
limited to the following:
1. Revisions to a number of dwelling units in a structure;
2. Revisions to number of non-residential structures;
3. Revisions to heights of structures;
4. Revisions to location of internal roads;
10
5. Revisions similar in nature to those above as determined llY the City.
b) A proposed major change to an approved preliminary Pup s~~U rtf9uire
reapplication for preliminal)' PUD approval and any notification regarding
such preliminary pun approval shall describe the proposed major chal1ge or
changes. A major change is any departure from the conditions ,of the
preliminary PUD approval which would result !n any of tliefollowing:
1. Revisions to the approved design concept;
2. Revisions to the .tippr()ved use(s);
3. An increase in the number ofresidential dwelling units;
4. An increase in square footage. of non-reiSidentia1 structures;
5. A decrease in the amount oflandscaping, site perimeter buffering, and
open space; and
6. An increase in traffic volumes or change in circulation patterns which
impacts surrounding development
Subd. 12: Final PUDs~ContentsofComJ)lete Application. Within 12 months
following the approval of the preliminary PUD, the applicant shalIfile.withthe
City a final PUD conforming to the approved preliminary PUD. The final PUD
. shall include all the requirements under the Subdivision Ordinance, Ordinance 54,
and the following infoI1l1ation:
1. A survey oftheptoperty,shg",ingfor'all areas to be developed or
disturbed existil1g features, including an identification of all setbacks for
each lot and the boundaries for the development, buildings, structures,
trees over eight inches in trunk diameter measured four feet above the .base
of the trunk, streets, utility easements, rights-of-way, and existing land
uses;
2. Elevation and perspective drawings of project structures and
improvements;
3. Proposed final conditions, covenants and restrictions (CC&Rs) and other
documents relating to operation and maintenance of the development,
including all of its open areas and recreational facilities, which CC&Rs
and other documents shall be recorded upon final PUD approval;
4. Proposed final agreements which may have been required as conditions of
preliminary PUD approval;
11
<,.
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 Approval. Final PUD approval shall be
granted by the City only if the applicant demonstrates that the final PUD substantially
conforms to the approved preliminary PUD.For the purposes of this section,
"substantially conforms" means that, as compared to the preliminary PUD, the final PUD
contains no revisions in density, uses, design or development standards or in the site plan,
other than the minor changes pursuant to Subd. 11 of this section.
Subd. 14: Final PUDs - Failure to File - Termination.
a) In the event the final PUD or any required attendant papers are not filed
within ninety (90) days following approval of a preliminary PUD, except as
provided elsewhere in this Section or as noted in subsection b (immediately
following this subsection), the approval ofthe preliminary PUD shall lapse
and the approval shall be deemed null and void and without force or effect.
b) When it is determined as part of the preliminary PUD approval that the final
PUD is to be phased, the final PUD for the first phase shall be submitted
within 12 months of preliminary approval. The final development plan for
each subsequent phase shall be submitted within the schedule established at
the time of preliminary PUD approval. In the case of aPUD, which includes a
subdivision, the final PUD shall be submitted within five years of receiving
preliminary approval.
c) The time period for filing of final PUDs shall not include periods of time
during which progress on the final PUD was reasonable halted or delayed due
to the filing and pendency of legal actions challenging an approval granted by
the City pursuant to this Section; provided, that in all cases when more than
two years have elapsed subsequent to the date of approval of a preliminary
PUD the permittee shall be required to comply with all current building,
construction, subdivision and other applicable standards ofthe City prior to
being granted approval Of the final PUD; provided, that a change in zoning
district classification enacted subsequent to approval ofthe final development
plan shall not affect the project.
Subd. 16: Final PUDs - Adiustments to Approved Final PUD
12
a) The City Administrator isatit~oriz~d toallo\\,adjus~ents in accordancewith
subsection b (whichjfl1m~diatel:y fo11o\\,s this s~ction) ofthis Section. T.he
City Administrator shall allow oIily such adjustments as are consistent with
guid~1ines established in subse.ction b of this section, amI in nO case. sha.1l an
adjustment be allow if it '-ViII ipcreas~ the tota.I,atrlollntoffloor~pace
authorized in theapprove~ finaIJ>pr>,orthen.ul11ber o[dwe11ing Ullits. or
density, or decrease.the~l11ountofpllrkingorI9~gil1g facilities or permit
buildings to locate substantially closer to atlY boundary line ()r change
substantially any point of ingress or egress to the site. .
b) For the purposes of this section, "adjustments" means any departure from the
conditions of final PUD approval which compIles with the following criteria:
1. The adjustment maintains the design intentafid quality ofthe origina.l
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 abuilding, 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
chapge;
8. ~hanges 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
. ::-....M:.....
c) Ifproposed amendments to an approved PUD can not be classified as an
"adjustment"~ the PUDshall 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 PUD. Prior to the
installation of required improvementsman'dated by the Subdivision Ordinance,
Ordinance 54, and prior to approval of the Final Plat for the PUD, the developer
shall enter into a contract with the City requiring that the developer furnish and
construct improvements required by Ordinance 54 at the developer's expense and
in accordance with plans ami specifications to be approved by the City Engineer.
The CitylDeveloper contract shall stipulate the type and extent of the
improvements to be constructed, the cost of construction, the construction time
schedule, the City's authority to inspect the construction.and the amount of the
escrow deposit performance bond, warranty bond and labor and materialman
bond to be furnished. The CitylDeveloper Agreement shall be in substantially
similar form and content as the attached CitylDeveloper,Agreement in Appendix
liB" 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
PUD, the PUD plan shall.contain provisions to assure the continued operation
and maintenance of such open space and service facilities to a predetermined
reasonable standard.
b) Common open space and service facilities within a PUD shall be placed under
the ownership of one or more of the followhlg:
1. Landlord control where only use by tenants is anticipated.
2. Property owners association, provided all of the following conditions are
met:
a. Prior to the use, occupancy, sale or the execution of contracts for sale
of an individual building unit, parcel, tract, townhouse, apartment, or
common area, a declaration of covenants, conditions and restrictions
or an equiva.lent document as specified in Minnesota 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
affecting buildings, units, parcels, tracts, townhouses or apartments
shall subject the properties to the terms of the declaration.
14
c. The declaration of covenants, conditions and restrictions shall provide
that an owner's association or corporation may be formed and if such
an association or corporation which shall maintain all properties and
common areas in good repair and which shall assess individual
property owners proportionate share of joint or common costs. This
declaration shall be subject to the review and approval of the City
Attorney. The intent of this requirement is to protect the property
values ofthe individual through establishing effective private control.
d. The declaration shall additionally provide that in the event the
association or corporation fails to maintain properties in accordance
with the applicable rules and regulations of the City or fails to pay
taxes or assessments on properties as they become- due, and in the
event the City incurs any expenses not immediately reimbursed by the
association or corporation, then the City shall have the right to assess
each property its pro rata share of the expenses. Such assessments,
together with interest thereon and costs of collection, shall be a lien on
each property against which such assessment is made.
e. Membership in the associ(ltion must be mandatory for each owner and
any successive buyer and the associationinust 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 appr5>val 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
Continue Construction. If the construction has not been started within two (2) years from
the date of approval ofthe final PUD with an associated subdivision, or two years from
15
the date of approval of any other final PUD, or if construction has been commenced but
the work has been abandoned for a period of one year or more, and if no extension of
time has been granted as provided herein, the authorizatiol1granted for thtl planned unit
development project shall terminate and all permits and approval issued pursuant to such
authorization shall expire and be mill and void.
The time period of commencing or continuing construction shall not includ<.J periods of
time during which commencement of construction or continuation of construction was
reasonably halted or reasonably delayed due to the filing of a pendency of legal action
challenging an approval granted by the City pursuant to this Section; however,.in all
cases, when more than five years have elapsed subsequent to the date of approval of any
other final PUD with associated subdivision, or more than two years have elapsed
subsequent to the date of approval of any other final PUD the permittee shall be required
to comply with all current building, construction, subdivision and other applicable
standards of the City; provided, that a change in zoning district classific:ation enacted
subsequent to approval ofthe final development plan shall not affect the project,
Subd. 22: Lots Subiect to Final PUD. All lots or other divisions of a subdivided
planned unit development shall remain subject to compliance with the final development
plan regardless of the fact of subdivision in compliance with the Subdivision Ordinance
or lot(s)/division(s) ofa subdivided PUD where subsequently conveyed.
16
AMENDMENT TO ORDINANCE 54
SUBDIVISION REGULATIONS
The Council of the City of St. Joseph hereby ordains:
ThatSection 54.15, is amended and shall state as follows:
,
Section 54.15: PLAT DATA REQUIREMENTS.
Subd. 1: Preliminary Plat Requirements. The Preliminary Plat shall contain the
following information:
c) Proposed Development.
d) Park and Trail Plan. Park and trail plan pursuant to Ordinance 54.18.
e) Supplementary Requirements. Two (2) copies of each of the following submittals
shall accompany the Preliminary Plat:
This amendment is adopted the
be effective upon publication.
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2006.
L:\CITY\STJ0E\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 NUMBERS AND KEY BOXES.
, I Subd. L Building Numbers. Building nulllbersare.iml'ortant in providing public; safety
services as well as mail and other deliveries lil.:tV.Si:lf.f(;:9~S9 .~J1ilgiIlg~~
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 buildil!g either by affixing to the building the
numbers in metal, glass, plastic or any other durable material. The.
numbers shall not be less than rour (4") in height in a contrasting color to
the base. The Ilumbers shall either be lighted or made of some reflective
material and so placed to be easily seen from the street.
. b) Maintenance.. The Ol.:CUpant of the primary structure shall be responsible
for keeping the address numbers in good repair and clear of snow, dirt,
debris and other obstructions.
c) Enforcement. The City may withhold all city licenses, applications, and
permits from owners or occuPants of primary structures if the address js
not placed or maintained in conformance with this Ordinance.
d)
Penalty. Any person violatingor failing to comply with this Ordina~e
shall be guilty of a petty misdemeanor.
Subd.2. Kev Boxes. Where property is protected by an automatic alarm system, a
protected access to or within a structure, or access to an area on that property is unduly difficult
because of secured openings and where immediate access is necessary for public safety, life
saving, or firefighting purposes, the fire chief may require a key box to be installed in an
approved location. The key box shall be of the tyJ>.eapP!Qv:eg~ytI1SJi.regSpa,rt:IlleIltangsl1i:lll PS
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.
..I Deleted: 01
{Deleted: c~._.~....o.._..__........_J
.~:--;~~-------")
4. Keys to elevator controls.
5. Keys to other areas as directed by the fire chief.
6. It shall be the responsibilitY'L~(t~~ "~sJ~~s_s _o~~e!!Q. !ll_ai~t~ip._a_ _ _ _ . .[ Deleted: Ie
current key in the key box at all times.
b) Waiver. The owner of every building of every property defined by
Section 56.06, Subd. 1 shall either assure that a key box is installed and
maintained in an approved location by the Fire Chief for the City of St.
Joseph or shall provide the St. Joseph City Administrator a written letter
dated and delivered between December 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 te$ponse py the City or its representatives,
they shall waive any claim for damages or trespass.
c) Penalties. If the key box is not installed-and Ii waiver is not received, the
land owner shall be subject to a petty misdemeanor following failure to
either install the key box Or provide the City with a written waiver after
ten (10) days written notice. A second offense within the same calendar
y~ar shall be punishable as a misdemeanor.
Section 51.07: COrvIPLETION DATE. With respect to any construction, alterations,
remodeling or other work for which a permit is required hereunder, the proposed work for which
a permit is issued shall be completed in its entirety within one year after issuance of the building
permit. If in one year after making application for a building permit, the work is not completed,
the applicant may request the Planning Commission to grant an extension for up to one year in
length. In the event of a violation ofthis 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 OFPERMITS. The City of St. Joseph shall withhold
building permits from any contractor, property owner or other applicant who has anypending
violations with respect to the building code as adopted by the City of St. Joseph, any developer's
agreements to which the City of St. Joseph is a party, or other violation ofthe 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, St. Joseph Ordinances, Or of a
developer's agreement with the City of St. Joseph within one year of the application for the
building permit. Permits shall be withheld until all violations are remedie~ ..... _ .. .. _ .. ... .. .. _ .. _ _
Deleted: or for a period not to exceed
one year in the event of 3 or more
violations within one year
Section 51.09: CONSTRUCTION TIMES. Construction activities which result in noise
audible on property other than that on which the activities are occurring shall be prohibited
between the hours of7:00 p.m. and 7:00 a.m.
Section 51.10: PENALTIESIENFORCEMENT. Any person who violates any of the
provisions ofthis ordinance is guilty of a misdemeanor. The City Building Inspector shall be the
enforcement officer of this ordinance.
This amendment is adopted the
be effective upon publication.
This ame~dment was published on
L:\CITY\STJOE\2006
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
,2006.
AMENDMENT TO ORDINANCE 56
FENCE ORDINANCE
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 parts of the fence, including post
anchors, are located within the property ofthe 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 materials" shall
include stone, brick, stucco, vinyl. plastic, or chain-link which is finished with a
rust resistant materia~
Section 56.12: RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS. Fences
may only be erected over an easement if the landowner meets the requirements of St. Joseph
Ordinance 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. If there is an emergency necessitating immediate access to the
easement, the City reserves the right to remove the fence to obtain access to the easement. The
landowner shall bear all costs for removal and restoration of the fence in the event the landowner
is required to remove the fence for access to the easement or in the event the City removes the
fence in the case of an emergency. The City specifically reserves all rights of an easement
holder afforded under the common law of the State of Minnesota.
Section 56. 13: PENALTIESIREMEDIES. Violation ofthis ordinance shall constitute a
misdemeanor as defined in this Code of Ordinance. When conditions are made a part of the
terms under which this permit is granted, violation of the conditions is a violation of this
ordinance. The City of St. Joseph may also seek civil remedies, including but not limited to a
Court orderdirec:ting 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
. De.leted: or material which is mark~~d~
as "maintenance-free fencing>>
- .--"-.--..-.-----.
This amendment was published on
L:\CITY\STJOE\2006
By
Judy Weyrens, Administrator/Clerk
,2006.
AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE
REGARDING R-1 SINGLE F AMIL Y RESIDENCE DISTRICT
The Council of the City ofS1. Joseph hereby ordains that Ordinance 52.27, Subd. 7 and Subd. 9
are amended as follows:
Section 52.27: R-1 SINGLE FAMILY RESIDENCE DISTRICT
Subd. 7: Setback Requirements.
b) Side yard setbacks shall be ten (10) feet from the property line for the main
structure and any garage or accessory structure. Where the side yard abuts a
public right of way, the side yard setback shall be thirty (30) feet from the main
structure and any ganlge or accessory structure.
Subd. 9: Site Coverage.
a) No structure or combination of structures shall occupy more than 30% of the lot
area.
b) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces
shall include all structures, parking spaces and driveway connecting the parking
space with a street or alley.
This amendment is adopted the
be effective upon publication.
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2006.
L:\CITY\STJ0E\2006
52.27-1
AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE
REGARDING R-2 TWO FAMILY RESIDENCE DISTRICT
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 TWO F AMIL Y RESIDENCE DISTRICT
Subd. 6: Setback Requirements.
b) Side. yard setbacks shall be ten (10) feet from the main structure and five (5) feet
from garage or accessory building. Where the side yard abuts a public right of
way, the side yard setback shall be thirty (30) feet from the main structure and any
garage or accessory structure.
Subd.8: Site Coverage.
a) No structure or combination of structures shall occupy more than 30% of the lot
area.
b) Impervious surfaces shall not exceed 50% of the lot area. Impervious.surfaces
shall include all structures, parking spaces and driveway connecting the parking
space with a street or alley.
This amendment is adopted the
be effective upon publication. .
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2006.
L:\CITY\STJOE\2006
52.27-1
AMENDMENT TO ORDINANCE 52 .
ZONING ORDINANCE
REGARDING R.3 MDL TIPLE FAMIL YRESIDENCE DISTRICT
The Council of the City of St. Joseph hereby ordains that Ordinance 52.29, Subd. 5 is amended
as follows:
Section 52.29: R-3MUL TIPLE FAMILY RESIDENCE DISTRICT
Subd. 5: Lot Area Requirements.
a) Minil11um lot area shall be 12,000 square feet.
b) F or the basis of computing the number of permitted units within a multiple
residence, th~ following shall apply:
1. Efficiency unit for each 2,000 square feet of lot area; and
2. One 1 bedroom unit for each 3,000 square feet oflot area; and
3. One 2 bedroom unit for each 3,500 square feet oflot area; and
4. One 3 bedroom unit for each 4,000 square feet of lot area;
5. For each additional bedroom (over 3) per unit, an additional 500 square
feet of lot area;
6. Lot depths of greater than 150% of the average lot width shall be used in
computing the maximum number of units.
7. On-site manager unit - shall be based on the same square footage
requirementsjas stated above.
c) Multiple family dwellings shall not occupy more than 35% of the lot including
accessory buildings.
d) Each lot shall have a minimum width of 150 feet at the building setback line.
e) Each lot shall have a minimum width of 80 feet at the public right-of-way.
f) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces
shall include all structures, parking spaces and driveway connecting the parking
space with a street or alley.
This amendment is adopted the
be effective upon publication.
This amendment was published on
L:\CITY\STJOE\2006
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
,2006.
AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE
REGARDING LI-LIGHT INDUSTRIAL DISTRICT
The Council of the City of St. Joseph hereby ordains that Ordinance 52.34, Subd. 5 is amended
as follows:
Section 52.34: LI-LIGHT INDUSTRIAL DISTRICT
Subd. 5: Lot Area Requirements.
a) Minimum Lot Size: One (1) acre (43,560 square feet). Minimum lot width one
hundred (100) feet.
b) Impervious surfaces shall not exceed 80% of the lot area. Impervious surfaces
shall include all structures, parking spaces and driveway connecting the parking
space with a street or alley.
This amendment is adopted the
be effective upon publication.
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
. Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2006.
L:\CITY\STJOE\2006
AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE
REGARDING GENERAL PERFORMANCE STANDARDS
The Council of the City of St. Joseph hereby ordains that Ordinance 52.12, Subd. 1, be amended
as follows:
Subd. 1: Accessorv Buildings.
a) In all residential districts detached accessory buildings shall be located in the rear
yard. Accessory buildings which require a building permit shall comply with all
yard requirementsappIicableto the principal building in the District. Accessory
buildings which do not require a building permit shall not be located closer than
five (5) feet from the adjoining side or rear lot line. However, such accessory
building shall be set back a minimum of 50 feet frorIl the front street right-of-way
lines. Also.l\ll otherac~essorybuildil1gss~alls~tbll(;klimil1ilJ1ulJ1offifty(5g) ... .' .' ..[ Deleted: A
feet froni front street right-6f~way lines. Accessory buildillgs are further limited
not to exceed over one (I) story of sixteen (16) feet in height.
This amendment is adopted the
be effective upon publication.
day of
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2006.
L:\CITY\STJOE\2006
AMENDMENT TO ORDINANCE 52.31
B..l CENTRAL BUSINESS DISTRICT
The City Council for the City of St. Joseph hereby ordains that St. Joseph Code Book is
amended by the addition of Ordinance 52.31, Subd. 13. Ordinance 52.31, Subd. 13 shall state as
follows:
Subd. 13: Interim Use Permit for Rental Units.
a) Residential units in areas that have been rezoned to commercial from residential
shall be allowed an interim use permit as a rental unit for a specific period of
time..
b) The interim use as a rental unit shall be obtained through the procedures set forth
in St. Joseph Ordinance 52.07, Subd. 4 - Interim Use Permit.
c) In requesting such an interim rental use, the landowner agrees to any conditions
that the governing body deems appropriate for permission of the use and agrees
that the use will terminate at the designated date for termination of the interim
use.
d) Public hearings shall be held as set forth in Ordinance-52.07, Subd. 4.
This amendment is adopted the _ day of
be effective upon publication.
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
, 2006.
L:\city\stjoe\2006
AMENDMENT TO ORDINANCE 52.32
B-2 HIGHWAY 75 BUSINESS DISTRICT
The City Council for the City of St. Joseph hereby ordains that St. Joseph Code Book is
amended by the addition of Ordinance 52.32, Subd. 12. Ordinance 52.32, Subd. 12 shall state as
follows:
Subd. 12: Interim Use Permit for Rental Units.
, a) Residential units in areas that have been rezoned to commercial from residential
shall be allowed an interim use permit as a rental unit for a specific period of
time.
. b) The interim use as a rental unit shall be obtained through the procedures set forth
in St. Joseph Ordinance 52.07, Subd. 4 - Interim Use Permit.
c) In requesting such an interim rental use~ the landowner agrees to any conditions
that the governing body deems appropriate for permission of the use and agrees
that the use will terminate at the designated date for termination of the interim
use.
d) Public hearings shall be held as set forth in Ordinance 52.07, Subd. 4.
This amendment is adopted the _ day of
be effective upon publication.
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2006.
. L:\city\stjoe\2006
AMENDMENT TO ORDINANCE 52.33
B-3 GENERAL BITSINESS DISTRICT
The City Council for the City of St. Joseph hereby ordains that St. Joseph Code Book is
amended by the addition of Ordinance 52.33, Subd. 13. Ordinance 52.33, Subd. 13 shall state as
follows:
Subd. 13: Interim Use Permit for Rental Units.
a) Residential units in areas that have been rezoned to commercial from residential
shall be allowed an interim use permit as a rental unit for a specific period of
time.
b) The interim use as a rental unit shall be obtained through the procedures set forth
in St. Joseph Ordinance 52.07, Sl,lbd. 4 - Interim Use Permit.
c) In requesting sllch an interim rental use, the landowner agrees to any conditions
that the governing body deems appropriate for permission of the use and agrees
that the use will terminate at the designated date for termination of the interim
use.
d) Public hearings shall be held as set forth in Ordinance 52.07, Subd. 4.
This amendment is adopted the _ day of
be effective upon publication.
, 2006, and shall
CITY OF ST. JOSEPH
By
Richard Carlbom, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2006.
L:\city\sgoe\2006