HomeMy WebLinkAbout[05] Ordinance AmendmentsCITY OF tiT. JDtiF;PN
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
STAFF RECOMMENDATION:
PREVIOUS PLANNING COMMISSION ACTION:
Planning Commission Agenda Item `~
October 5, 2009
Ordinance Amendments
Administration
Begin discussion on Ordinance Amendments
BACKGROUND INFORMATION: The City does not currently have any regulations regarding outdoor
dining. There are opportunities for such and the Planning Commission may want to consider including
language in the Ordinance. The liquor Ordinance allows for outside bistro provided the area is fenced.
The Planning Commission should decide whether or not want to include in all business zoning districts,
or just the Central Business District. This is the first draft for discussion.
The second set of amendments relates to Interim Use Permits for farmers market type uses. Again this
is just a starting point. This is a result of the discussion about Annie's Outdoor Market.
The last amendment in this section is related to Parking. The General Performance Standards relating to
outside storage in R1 and the Parking Ordinance are in conflict. The General Performance Standards
allow for commercial vehicles in R1 areas and the Parking Ordinances does not. It is the
recommendation to delete the contradiction in the General Performance Standards.
Typically staff will look at Ordinances over the winter months and if Planning Commission members have
Ordinances they would like to review we should identify such and begin working on them.
ATTACHMENTS: Draft language to include the following Ordinances: Outdoor Dining,
Interim Use in Business Districts, Parking.
REQUESTED PLANNING COMMISSION ACTION: Begin the discussion on Ordinance Amendments.
Sample language -Outdoor smoking/dining areas and sidewalk cafes
OUTDOOR DINING/SMOKING AREAS AND SIDEWALK CAFES
A. Outdoor smoking/dining areas are permitted accessory uses in conjunction with a
restaurant, coffee shop, or other eating and drinking facility provided a site plan is
approved by the Planning Commission and the following requirements are met:
1. No portion of the outdoor smoking/dining area shall be located or occur within a
public right-of-way or be located or occur closer than two feet from any property
line.
2. If the outdoor smoking/dining area is proposed to be within a City drainage and
utility easement, the property owner shall enter into a written agreement
authorizing the use of the City's easement.
3. Patrons must gain entrance to the outdoor area from within the main facility,
however at least one exit must be provided for fire safety.
4. If intoxicating liquor is intended to be served in the outdoor dining/smoking area,
the standards of Section 71.11, Subd. 5 of the City Code as may be amended
shall apply.
5. The Planning Commission and/or City Council may restrict days, hours, nature
and volume, and other aspects of entertainment in any outdoor smoking/dining
area, including a prohibition against all forms of music, radio, television, and
other entertainment, to protect the safety, repose, and welfare of residents,
businesses and other uses near the establishment.
6. The Planning Commission and/or City Council may restrict the hours of operation
of an outdoor smoking/dining area based upon the proximity of the area to
residential dwelling units, and upon considerations relating to the safety, repose,
and welfare of residents, businesses, and other uses near the establishment.
7. The outdoor smoking/dining area shall be handicap accessible and not restrict
accessibility in other areas inside or outside the restaurant or food establishment.
8. The outdoor smoking/dining area shall be subordinate to the principal restaurant,
coffee shop, or other eating/drinking establishment and shall not exceed 33% in
area of the square footage of the principal restaurant building.
9. The design and finish of the outdoor smoking/dining area shall be compatible
with main structure in terms of scale (ancillary), color, architectural features,
finish grade, materials and the like.
10. The outdoor smoking/dining area shall be awell-defined space surrounded by
decorative bollards, planters or fencing. A fence surrounding an outdoor
smoking/dining area shall be suitable for the intended use. If a fence is proposed,
a fencing plan shall be submitted for review and approval by the city.
11. The outdoor smoking/dining area shall be kept in a clean and orderly manner.
No food or beverages may be stored outdoors.
12. The outdoor smoking/dining area shall be designed and serviced to prevent
debris from blowing off the premises. The business and/or property owner shall
be responsible to ensure that the area is properly maintained and litter-free.
MDG,Inc.
Sample language -Outdoor smoking/dining areas and sidewalk cafes
13. The outdoor smoking/dining area must conform to all fire and building codes
related to the number and types of exits that are required and maximum
structural occupancy limits.
14. The Planning Commission or City Council may require the notification of property
owners if the outdoor smoking/dining area is located closer than 350 feet from
residential properties.
15. The parking regulations related to minimum required spaces as set forth in this
chapter shall apply and compliance therewith shall be maintained.
16. The maximum surface coverage requirements set forth in this chapter shall apply
and compliance therewith shall be maintained.
17. Smoking shall not be allowed in areas meeting the definition of 'indoor area' as
defined by the Freedom to Breathe Provision of the Minnesota Clean Indoor Air
Act. "Indoor area" means all space between a floor and a ceiling that is bounded
by walls, doorways, or windows (whether open or closed) covering more than 50
percent of the combined surface area of the wall space constituting the perimeter
of the area. A screen is not considered a wall.
B. Sidewalk cafes are permitted accessory uses within the B-1 Central Business District in
conjunction with a restaurant, coffee shop, or other eating and drinking facility provided a
site plan specifying the area in which the cafe will be operated is approved by the
Planning Commission, a minimum of five (5) feet of sidewalk width remains for
pedestrians, and the following requirements are met:
1. Sidewalk cafes shall be limited to the placement of tables, benches, chairs on
portions of sidewalks immediately adjacent to the business operating them.
2. A sidewalk cafe may not occupy any portion of a public street
3. Maintenance of all private facilities on public property shall be the owner's
responsibility.
4. Sidewalk cafe facilities including, but not limited to, tables, chairs, and benches
shall not be left outdoors after business hours or between the hours of ten p.m.
and 6 a.m.
5. Establishments holding an on-sale intoxicating liquor license shall not be eligible
for sidewalk cafe approval.
6. Patrons shall not be served food or beverages outside, except that employees
may refill beverage containers in the seating area. At no time shall the sidewalk
cafe area be used for consumption of alcoholic beverages.
7. The business and/or property owner shall be responsible to ensure the sidewalk
cafe area is properly maintained and litter-free. Sites of sidewalk cafes shall be
maintained in an orderly, clean and sanitary manner and be free of debris at all
times. Trash containers and staffing shall be available at all times to facilitate this
condition. Litter shall be picked up on a daily basis.
8. The Planning Commission and/or City Council may require businesses operating
sidewalk cafes routinely sweep and/or wash portions of sidewalks impacted by
MDG,Inc.
Sample language -Outdoor smoking/dining areas and sidewalk cafes
such cafes.
9. The sidewalk cafe area shall not block access to the building entrance or
required exits.
10. Sidewalk cafe operators shall provide proof of insurance on an annual basis.
Owners of sidewalk cafes shall hold the City harmless from all liability associated
with the operation and maintenance of a sidewalk cafe.
MDG,Inc.
ORDINANCE 52 -ZONING ORDINANCE
Section 52.32: B-2 HIGHWAY 75 BUSINESS DISTRICT
Subd. l 3: Interim/Temporary Use Permit for Farmers Market.
a) Definition -Fanners Market - a publicly or privately operated, open-air
establishment where primarily agricultural products such as raw vegetables, fruits,
syrups, herbs, flowers, plants, nuts or hand-crafted items aze sold. Non-
agricultural products may be sold but the azea dedicated to such products shall not
occupy more than 25% of the total sales azea. Canopies may be allowed in order
to provide protection from the elements for both the operators and the products.
b) General Conditions for Farmers Market.
A site plan shall be provided illustrating that the location of the
temporary/seasonal farmers market meets all required parking lot setbacks
and all other setbacks. The site plan shall be a scaled and dimensioned
site plan showing the layout of the entire market area, including parking
spaces for the use, traffic patterns, and stall azeas.
2. All vehicles necessary for the operation of the use shall be located on a
dustless, all-weather hard surface capable of carrying a wheel load of four
thousand (4,000) pounds and shall not remain idling while the use is open.
3. The premises, all adjacent streets, sidewalks and alleys, and all sidewalks
and alleys within 100 feet shall be inspected regularly by the owner and/or
operator of the farmers mazket for purposes of removing any litter found
within the above adjacent area.
4. Canopies shall be securely fastened so as to stay in place during inclement
weather. Canopies for temporary farmers markets shall be removed
during days that the farmers mazket is not open to the public.
5. Farmers markets shall be exempt from the enclosed building requirements
of the Zoning Ordinance.
6. Temporary/seasonal sales shall require approval of a certificate of
compliance and a license from the City to operate.
7. Approval of the local Fire Marshall is required.
8. Sales area may operate between the hours of 7:00 a.m. and 9:00 p.m.
52.32-1
ORDINANCE 52 -ZONING ORDINANCE
9. The sales area may not be placed in the public right-of--way, nor shall it
impair traffic visibility.
10. Parking shall be available to those purchasing goods from the
temporary/seasonal sales area as required by the parking requirements
under the Zoning District in which the farmers market is located.
11. The farmers market facilities may not be permanently connected to
permanent utilities, including electric, gas, sewer, water, and phone.
12. Any temporary structure placed on the property for such sales must be
removed at the end of the selling season. The size of the temporary
structure shall not exceed 100 square feet. The plans for the temporary
structure must be inspected by the Building Inspector for approval before
construction and inspected by the Building Inspector after temporary
construction.
13. All structures, including temporary structures, shall meet all minimum
parking lot and building setback requirements of the Zoning District in
which it is located.
14. One temporary sign not exceeding 75 square feet may be used in
conjunction with the farmers market sales operation. The plans and
locations of the temporary sign must be approved by the City prior to a
permit being issued.
15. Trash containers shall be provided on site for debris.
16. All waste from the operation shall be properly disposed of.
17. Copies of all applicable permits from the State and County shall be
provided to the City.
18. The owner of the property on which the farmers market is located shall not
be in violation of any code or ordinance or have unpaid taxes or utility
bills.
19. The City reserves the right under this section to shut down a temporary
farmers market even after the granting of approval if the operation is
posing safety concerns, traffic problems, or has become a nuisance, or has
violated any requirement under this Zoning District.
c) The interim use as a farmers market shall be obtained through the procedure set
forth in St. Joseph Ordinance 52.07, Subd. 4 -Interim Use Permit.
d) In requesting such an interim farmers market use permit, the landowner agrees to
52.32-2
ORDINANCE 52 -ZONING ORDINANCE
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.
e) Public hearing shall be held as set forth in Ordinance 52.07, Subd. 4.
52.32-3
ORDINANCE 52 -ZONING ORDINANCE
Section 52.31: B-1 CENTRAL BUSINESS DISTRICT
Subd. 14: Interim/Temnorary Use Permit for Farmers Market.
a) Definition -Farmers Market - a publicly or privately operated, open-air
establishment where primazily agricultural products such as raw vegetables, fruits,
syrups, herbs, flowers, plants, nuts orhand-crafted items are sold. Non-
agricultural products may be sold but the area dedicated to such products shall not
occupy more than 25% of the total sales area. Canopies may be allowed in order
to provide protection from the elements for both the operators and the products.
b) General Conditions for Farmers Market.
A site plan shall be provided illustrating that the location of the
temporary/seasonal farmers market meets all required parking lot setbacks
and all other setbacks. The site plan shall be a scaled and dimensioned
site plan showing the layout of the entire market area, including parking
spaces for the use, traffic patterns, and stall areas.
2. All vehicles necessary for the operation of the use shall be located on a
dustless, all-weather hard surface capable of carrying a wheel load of four
thousand (4,000) pounds and shall not remain idling while the use is open.
3. The premises, all adjacent streets, sidewalks and alleys, and all sidewalks
and alleys within 100 feet shall be inspected regularly by the owner and/or
operator of the farmers market for purposes of removing any litter found
within the above adjacent area.
4. Canopies shall be securely fastened so as to stay in place during inclement
weather. Canopies for temporary farmers markets shall be removed
during days that the farmers mazket is not open to the public.
Farmers mazkets shall be exempt from the enclosed building requirements
of the Zoning Ordinance.
6. Temporary/seasonal sales shall require approval of a certificate of
compliance and a license from the City to operate.
Approval of the local Fire Mazshall is required.
8. Sales azea may operate between the hours of 7:00 a.m. and 9:00 p.m.
ORDINANCE 52 -ZONING ORDINANCE
9. The sales area may not be placed in the public right-of--way, nor shall it
impair traffic visibility.
10. Parking shall be available to those purchasing goods from the
temporary/seasonal sales area as required by the parking requirements
under the Zoning District in which the farmers market is located.
l 1. The farmers market facilities may not be permanently connected to
permanent utilities, including electric, gas, sewer, water, and phone.
12. Any temporary structure placed on the property for such sales must be
removed at the end of the selling season. The size of the temporary
structure shall not exceed 100 square feet. The plans for the temporary
structure must be inspected by the Building Inspector for approval before
construction and inspected by the Building Inspector after temporary
construction.
13. Al] structures, including temporary structures, shall meet all minimum
parking lot and building setback requirements of the Zoning District in
which it is located.
14. One temporary sign not exceeding 75 square feet may be used in
conjunction with the farmers market sales operation. The plans and
locations of the temporary sign must be approved by the City prior to a
permit being issued.
15. Trash containers shall be provided on site for debris.
16. All waste from the operation shall be properly disposed of.
17. Copies of all applicable permits from the State and County shall be
provided to the City.
18. The owner of the property on which the farmers market is located shall not
be in violation of any code or ordinance or have unpaid taxes or utility
bills.
19. The City reserves the right under this section to shut down a temporary
farmers market even after the granting of approval if the operation is
posing safety concerns, traffic problems, or has become a nuisance, or has
violated any requirement under this Zoning District.
c) The interim use as a farmers market shall be obtained through the procedure set
forth in St. Joseph Ordinance 52.07, Subd. 4 -Interim Use Permit.
d) In requesting such an interim farmers market use permit, the landowner agrees to
any conditions that the governing body deems appropriate for permission of the
ORDINANCE 52 -ZONING ORDINANCE
use and agrees that the use wi]l terminate at the designated date for termination of
the interim use.
e) Public hearing shall be held as set forth in Ordinance 52.07, Subd. 4.
ORDINANCE 52 -ZONING ORDINANCE
Section 52.12: GENERAL PERFORMANCE STANDARDS
Subd. 10: Outdoor Storage and Refuse.
a) Outside storage. Residential Uses.
All outside storage of materials and equipment for residential uses
(excluding farms) shall be stored within a building or fully screened so as
not to be visible from adjoining properties, except for the following:
A. Clothes line pole and wire.
B. Any combination of two or fewer licensed and operable
recreational vehicles (RV's, boats, snowmobiles on a trailer, etc.)
and/or seasonal automobiles may be pazked or stored on property
outside a home, provided:
i. If they aze stored in the front yazd they aze stored entirely
on an established driveway, entirely on the owner's
property.
ii. If stored in the side yard they are at least five feet from the
property line.
iii. If stored in the reaz yard they aze at least ten feet from the
reaz lot line and five feet from a side lot line.
iv. If stored on a corner lot they aze not closer than twenty feet
from the property line abutting a side street.
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C. Construction and landscaping material currently being used on the
premises.
D. On and off street parking of currently registered and operable
ORDINANCE 52 -ZONING ORDINANCE
passenger vehicles and trucks.
E. Lawn furniture or furniture used and constructed explicitly for
outdoor use.
F. Rear or side yard exterior storage of firewood for the purpose of
consumption only by the person(s) on whose property it is stored.
b) Commercial/Industrial Uses. Except as allowed by district use provisions, outside
storage of equipment, materials and inventory as a principal or accessory use for
commercial and industrial uses shall require a special use permit subject to the
provisions of this Ordinance and all non-residential outside storage shall conform
to the following conditions:
1. The area occupied is not within a required front or required side yard.
2. The storage area is totally fenced, fully screened, and landscaped
according to a plan approved by the City Administrator/Clerk.
3. If abutting a Residential District, or a residential use, screening and
landscaping is provided according to a plan approved by the City
Administrator/Clerk.
4. The storage area is covered to control dust and storm water drainage with
bituminous surfacing, concrete or a comparable substitute approved by the
City.
5. All lighting shall be directed away from the public right-of--way and from
neighboring residences.
c) .Refuse. All lots within all zoning districts shall be maintained in a neat and
orderly manner. No rubbish, salvage materials, junk, or miscellaneous refuse
shall be openly stored or kept in the open, when the same is construed by the City
Council to be a menace or nuisance to the public health, safety, or general welfare
of the City, or to have a depressing influence upon property values in the area.
d) Waste Materials. Waste materials are to be picked up and disposed of in
accordance with any and all city standards applicable to refuse/waste materials.
Excluded waste materials must be disposed of in a safe and appropriate manner in
accordance with local, state, and federal law. Release of excluded waste materials
to public or independent sewage treatment systems, the environment, or the solid
waste stream is strictly prohibited. The Disposal Service shall, upon collection,
immediately assume title to and liability for solid waste materials, recyclables,
and demolition debris.
CHAPTER VIII & IX -TRAFFIC & MOTOR VEHICLES
b) Significantly hinders or slows other vehicles attempting to pass the parked
vehicle.
c) Forces other vehicles to leave the main traveled portion of the driveway or
roadway to pass the parked vehicle.
Subd. 3: Vehicles parked in violation of this section are subject to immediate towing at
the owner's expense.
Section 84.07: PARKING OF SEMI TRAILERS, TRAILERS TRUCKS AND TRUCK
TRACTORS.
Subd. 1: Declazation of Nuisance. The parking of semi trailers, trailers, trucks and truck
tractors, as defined in Section 84.02, in an area of the City zoned R-1, R-2, R-3, or R-4 is found
to create a nuisance and detrimental influence upon the public health, safety, prosperity, good
order and general welfaze of such district by obstructing the view of streets and of private
properties, bringing unhealthful and annoying odors and materials into the residential
neighborhoods, creating cluttered and otherwise unsightly azeas, preventing the full use of
residential streets, residential parking, introducing commercial advertising signs into areas where
commercial advertising signs are otherwise prohibited, and otherwise adversely affecting
residential property values in the neighborhood patterns. It shall be unlawful for any person
owning, driving or in charge of a semi trailer, to park the same in a zoned district R-1, R-2, R-3,
or R-4 within 100 feet of any residence for more than 60 minutes. It shall also be unlawful for
any person owning, driving, or in charge of a truck with a refrigeration unit running to park the
same in a zoned district R-1, R-2, R-3, or R-4 or within 200 feet of any residence for more than
60 minutes. It shall also be unlawful for any person owning, driving or in chazge of a truck
tractor to pazk the same in a zoned district R-1, R-2, R-3, or R-4 or within 200 feet of any
residence for more than 60 minutes.
Subd. 2 : Cattle Truck Parkins. It shall be unlawful to leave standing upon any street or
public alley in the City of St. Joseph, any cattle truck or vehicle regulazly used for transporting
livestock for a period exceeding one hour.
Subd. 3: Restrictions Cumulative. The restrictions of this Ordinance relating to the
parking of trucks aze not to be construed as exclusive, but rather as in addition to the parking
restrictions which apply to all motor vehicles generally, as provided by herein or by state law.
Section 84.08: OFF STREET PARKING.
Subd. 1: Intent. The intent of this section of the zoning ordinance is to establish general
standards for off-street parking in order to ensure that the community remains neat and attractive
and that the value of real estate in the City be preserved. The regulations provided herein shall
apply equally to all districts except where special provisions provide otherwise.
Subd. 2: SCOpe of Parking and Loading Requirements .
84-4