HomeMy WebLinkAbout[05] Ordinance AmendmentsC[TYUF ST. JOSI PH Planning Commission Agenda Item
5
MEETING DATE: February 1, 2010
AGENDA ITEM: Ordinance Amendments
a. Farmer's Market
b. Outdoor Dining
c. Parking
SUBMITTED BY: Administration
PREVIOUS PLANNING COMMISSION ACTION: In October the Planning Commission starting reviewing
the three Ordinances stated above. Based on that meeting, a revised draft has been provided with
strike out or added language.
BACKGROUND INFORMATION: When looking at the revised Ordinance regarding Outdoor markets, a
section for Interim Use has been added. Since we are looking at amending the Ordinance, I have moved
the existing language in the B2 Ordinance regarding rental permits. It seems out of order where it is
now. No language has been changed, only moved.
ATTACHMENTS
Outdoor Dining .................................. ............................... 5:2 -5:4
Outdoor Market ................................. ............................... 5:5 -5:16
Parking............................................... ............................... 5:17 -5:1
REQUESTED PLANNING COMMISSION ACTION:
5:1
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 a well - 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:
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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 -will require the notification of
property owners if the outdoor smoking /dining area is located closer than 350
200 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 cafes 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 cafes 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 caf6 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 caf6 approval. At no time shall the sidewalk cafes area be used for
consumption of alcoholic beverages.
6. Patrons shall not be served food or beverages outside, except that employees
may refill beverage containers in the seating area. At ;e time °" ^" the side k
7. The business and /or property owner shall be responsible to ensure the sidewalk
caf6 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 n4ay— hall require businesses
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operating sidewalk cafu&s routinely sweep and /or wash portions of sidewalks
impacted by such cafes.
9. The sidewalk caf6 area shall not block access to the building entrance or
required exits.
10. Sidewalk caf6 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.
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ORDINANCE 52 — ZONING ORDINANCE
Section 52.32: B -2 HIGHWAY 75 BUSINESS DISTRICT
Subd. 1: Intent. The Highway 75 Business District is intended to control the use and
development of land and improvements by creating a mixed land use district near and adjacent to
the County State Aid Highway 75 corridor in the City of St. Joseph. This shall be done by
allowing for a mixture of land uses and by establishing stringent standards for development. This
section shall be administered in a manner which will encourage and promote high -value
development in a manner similar to a planned unit development, taking full advantage of the
City's highway location. It is also the purpose of the Highway 75 Business District that a
pleasant, attractive, and aesthetically pleasing environment be developed.
Subd. 2: Permitted Uses. The following uses are permitted:
a) Business Services
1. Banks
2. Office space
b) Food Services.
1. Grocery stores
2. Supermarkets
3. Restaurants, except drive -thru restaurants
4. Delicatessen
5. Bakeries whose product is sold at retail on premises
c) Personal Services.
1. Multiple Retail
2. Drug stores
3. Hardware stores
4. Book stores
5. Discount (`Big Box') retail stores
52.32 -1
5:5
ORDINANCE 52 – ZONING ORDINANCE
6. Retail apparel stores
7. Flower shops
8. Beauty shops and salons
9. Photography shops and studios
10. Funeral homes
d) Medical Services.
1. Medical clinics
2. Dental clinics
3. Veterinary clinics
4. Other institutions providing health care.
e) Farmers Mnrkat for t
sale-y - Notification and the su mittal of a — _
-pl
f) Movie and Performing Arts Theaters.
g) Other use determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the Highway 75 Business District and subject to all the requirements in this
Section:
a) Commercial or business building for a use accessory to the principal use, not to
exceed 30% percent of the size of principal structure.
b) Signs which meet the criteria of Subdivision 9 of this section.
C) Temporary buildings for construction purposes for a period not to exceed
construction.
d) Off - street loading and parking areas, subject to applicable section(s) of this
Ordinance.
e) Fences, landscaping.
52.32 -2
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ORDINANCE 52 — ZONING ORDINANCE
Subd. 4: Uses Under Special Use Permit. The following uses shall require a Special Use
Permit based on the procedures set forth in Section 52.07.03 of this Ordinance:
a) Auto malls and/or automobile service and gas stations, provided that:
1. Motor fuel facilities are installed in accordance with state and city
standards.
2. Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are
to be positioned to allow adequate access by motor fuel transports and
unloading operations minimize conflict with circulation, access and other
activities on the site.
3. Wherever fuel pumps are to be installed, pump islands shall be installed.
4. A protective canopy located over the pump island(s) may be an accessory
structure on the property; however, adequate visibility both on and off
site shall be maintained.
5. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
b) Office warehousing.
C) Lawn and garden temporary sales area.
d) Lumber yards and home improvement retail centers.
e) New or used auto dealerships.
f) Stone building material sales and service.
g) Recreational vehicle sales and services.
h) Transportation terminals, public utility and transfer stations, without storage
yards.
i) Equipment Services.
1. Radio and television shops
2. Appliance repair shops
3. Appliance show rooms
52.32 -3
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ORDINANCE 52 — ZONING ORDINANCE
j) Recreational Services.
1. Theaters
2. Bowling establishments
3. Clubs and lodges
k) Hotels
1) Motels
m) Drive - through and convenience food establishments, provided that an internal site
pedestrian circulation system shall be defined and appropriate provisions made to
protect such areas from encroachments by parked cars or moving vehicles..
n) Commercial car washes (drive through, self - service and mechanical) provided
that stacking space is constructed, subject to approval by the City Engineer, to
accommodate that number of vehicles which can be washed during a maximum
thirty (30) minute period.
o) Convenience Store with gasoline, provided that:
1. The sale of food items is in compliance with state and county standards
and subject to the approval of a Health Inspector who shall provide
specific written sanitary requirements for each proposed sale location.
2. The approximate area and location devoted to non - automotive
merchandise sales shall be specified in general terms in the application.
3. Motor fuel facilities are installed in accordance with state standards.
Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are to
be positioned to allow adequate access by motor fuel transports and
unloading operations minimize conflict with circulation, access and other
activities on the site.
4. Wherever fuel pumps are to be installed, pump islands shall be installed.
5. A protective canopy located over the pump island(s) may be an accessory
structure on the property however adequate visibility both on and off site
shall be maintained.
6. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
52.32 -4
5:8
ORDINANCE 52 — ZONING ORDINANCE
p) Postal Stations
q) Uses determined to be of a similar nature as those permitted under Subd. 1, upon
a finding that the uses will not be detrimental to the health, safety and welfare of
the City, and that the use is consistent with the stated intent of the zone as
contained in Subd. 1.
Subd. 5: Conditions Applicable to All Special Use Permits. The following conditions
are applicable to all, uses under a special use permit:
a) When abutting a residential use in a residential use district, the property is
adequately screened and landscaped.
b) Parking areas shall be screened from the view of abutting residential districts.
c) Vehicular access points shall be limited, shall create minimal conflict with
through traffic movements, shall comply with all appropriate Chapters of this
Ordinance as may be amended and shall be subject to the approval of the City
Engineer.
d) Provisions are made to control and reduce noise in accordance with MPCA
standards.
e) The entire site other than that taken up by a building, structure or plantings shall
be surfaced so as to control dust subject to the approval of the City Engineer.
f) The entire area shall have a drainage system subject to the approval of the City
Engineer.
g) The architectural appearance and functional plan of the building and site shall not
be so dissimilar to the existing buildings or area so as to cause impairment in
property values or constitute a blighting influence within a reasonable distance of
the lot.
h) All outdoor storage shall be completely screened from view.
Subd. 6: Uses Under Interim Use Permit: The following uses shall require an Interim
Use Perniit based on the procedures set forth in Section 52.07.04 of this Ordinance:
a) Farmer's Market /Outdoor Market — a publicly or privately operated, open -air
establishment where agricultural products or new or used household products are
sold.
1) 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 lavout of the entire market area including parking spaces for the use, traffic
52.32 -5
5:9
ORDINANCE 52 — ZONING ORDINANCE
patterns, and stall areas.
2) Any temporary structure placed on the property for such sales must
be removed at the end of selling season or sale. The size of the temporary
building shall not exceed 120 square feet.
3) The interim use permit shall be obtained through the procedure set
forth in St. Joseph. Ordinance 52.07, Subd. 4 — .Interim Use Permits
b) Rental Units
1) 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. The maximum density for rental units under the interim
use pennit shall be limited to the density which is allowed in the R -1. Single
Family Residential District.
2) 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.
3) 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.
4) Public hearings shall be held as set forth in Ordinance 52:0.7, Subd.
4.
Subd. 67: Setback Requirements.
a) Lot Size. Minimum lot size is 10,000 square feet with a minimum width of 100
feet, except lots platted prior to 1950.
b) Prope11y adjacent to County State Aid Hi way 75. Shall have a ten (10) foot
landscaped setback from the highway right -of -way line. Any structure shall have
a twenty (20) foot setback from the highway right -of -way.
c) Front yard. Setback shall be twenty (20) feet from the lot line.
d) Side yard. Setback shall be ten (10) feet from the lot line. If the property's side
yard is adjacent to County State Aid Highway 75, the setback shall conform to
Subd. 5 (a) of this Section.
e) Rear yard. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a
residential district.
f) No part of the structure including footings, soffits, gutters or other overhangs shall
52.32 -6
5:10
ORDINANCE 52 — ZONING ORDINANCE
encroach on easement areas.
Subd. 67: Height Reguirements.
a) Any portion of a structure shall not exceed 3 stories or 40 feet in height. Berming
the building does not allow a building to be constructed higher than 40 feet.
Elevation for the building shall be determined by the average grade of the land.
Subd. 78: Site Coverage. No structure or combination of structures shall occupy more
than 60 percent of the lot area.
Subd. 99: Other Requirements.
a) Parking Lots. All parking lots shall conform to the standards set forth in Section
52.10. All lots shall include parking controls and other landscaping techniques to
improve their aesthetic quality and to direct the flow of traffic.
b) Loading. All loading docks shall conform to the standardg set forth in
Section 52.10. No loading docks or overhead doors shall directly face County
State Aid Highway 75.
c) Building Exteriors. All construction of new facilities shall consist of pre -cast or
cast tip up concrete walls, concrete block (painted or decorative), post frame /steel
frame with a concrete block or poured concrete complete perimeter foundation
with frost footings extending a minimum of eight inches (8 ") above the final
grade, and stick built construction. Pre- finished architectural metal panels, with a
minimum twenty (20) year manufacturer color -fast warranty, may be used as a
construction material. The exterior building finish of fifty (50 %) percent of all
four sides of the structure, exclusive of windows and doors, shall consist of
materials comparable to: face brick; natural stone or cultured rock; glass; vinyl;
stucco, aluminum lapsiding; cut block; and, concrete block (the surface must be
treated with an applied decorative texture or material). Pre -cast or cast in place
concrete buildings shall provide as much adornment as is possible considering
their exterior finish limitations.
d) Screening. All heating, ventilation and air conditioning equipment, and refuse
storage areas shall be screened and in a suitable location as determined by the
Planning Commission.
e) Lighting. All lighting shall be hooded and no light may directly strike County
State Aid Highway 75 or areas outside of the development.
f) Stops and Curbs. Concrete curb to B -612 specifications shall be used for all
automobile stops and for all drive and parking areas.
g) Landscaping. In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
52.32 -7
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ORDINANCE 52 — ZONING ORDINANCE
h) Sins. All proposed business signs shall be an element of the Development Plan.
All signs shall conform to the Subd. 10 of this Section.
i) A Lock Box shall be installed on all buildings before a certificate of occupancy
will be issued.
Subd. 910: Development Plan Requirements. No building permit shall be issued until the
Planning Commission reviews the development plan to determine that the use and development
is compatible with adjacent land uses, and consistent with the stated intent of this zone. The
requirements of this Subdivision shall not apply to additions to existing buildings which will
increase the size of the building by 25% or less. Upon the request of the Planning Commission,
the City Council will make the final determination on site plan approval. The developer shall
provide the following items to the Planning Commission for any development located in the
Highway 75 Business District:
52.3 1, Subd.9 amended 4/2005 ("section subsequently renumbered)
a) Building location on the lot, drawn to scale.
b) Building elevations; front, rear and side
C) Building exterior materials and color.
d) Locations of ingress and egress points.
e) Dumpster and solid waste pick -up areas and proposed screening material.
f) Sign location and dimensions.
g) Lighting standard and hood detail.
h) Parking and loading areas identified.
i) Drainage by the use of arrows and/or contours.
j) Screening of heating, ventilation and air - conditioning equipment.
k) Landscaping material including the location, type of plant and size.
1) Fire hydrant and fire lane locations.
m) Utility locations.
n) Any other fencing, screening, or building accessories to be located in the
development area.
o) When required, evidence of completion of National Pollutant Discharge
52.32 -8
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ORDINANCE 52 — ZONING ORDINANCE
Elimination System (NPDES) permitting program and/or the City of St. Joseph
Storm Water Pollution Prevention Program (SWPPP).
p) If applicable, evidence of compliance with federal, state and local pollution and
nuisance laws and regulations, including, but not limited to glare, smoke, dust,
odors and noise. The burden of proof for compliance with appropriate standards
shall lie with the applicant.
q) Required Fee /Agreement.
1. Payment Required. Any person filing a petition requesting development
plan review shall pay a fee according to the schedule established by the
City Council.
2. Amount. Fees payable under this section for development plan review
shall be in an amount as established by resolution of the City Council.
Preparation and review of all elements of the required development plan,
as listed and described above, is to be at the sole expense of the developer
and at no expense to the public. The fee is payable at the time of filing a
petition and is not refundable. In addition to the above fees and in the
event the City incurs professional fees, either legal, engineering or
professional planners, or any other cost, including but not limited to,
postage and publication expenses, the applicants shall reimburse the City
for those fees, and the City officials may require an escrow deposit,
cashier's check or letter of credit for these fees prior to the final action on
the application for development plan review. Such escrow or letter of
credit shall be in the form approved by the City Attorney.
3. Development Agreement. In the event additional review by the City or its
assigns is anticipated and/or needed during implementation of
Development Plan, or other similar circumstance, the City shall require the
property owner(s) and/or developer(s) enter into a development agreement
with the City. The development agreement shall stipulate the conditions
for approval and the City's authority to inspect the development. The
agreement shall further require the owner or developer, as the case may
require, furnish a cashier's check, escrow account or irrevocable letter of
credit in favor of the City in an amount equal to 110% of all costs
associated with City's review of the development, including but not
limited to, engineering, legal, fiscal and administrative, as estimated by the
City. Such escrow or letter of credit shall be in the form approved by the
City Attorney, shall be conditioned upon the approval of the development
plan.
Subd. 4- 011.: Signs. In the B -2 Highway 75 Business district the general provisions apply
to all signs.
a) Business and Wall signs may be erected, attached or painted on to a structure and
52.32 -9
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ORDINANCE 52 — ZONING ORDINANCE
Advertising signs shall be prohibited. They are defined as follows:
1. Business Sian. A sign that is related to the business located on the same
property to which it is located.
2. Wall Sian. A sign painted or placed against or attached to the exterior
wall surface of a building or structure.
3. Advertising Signn. A sign which directs attention to a business, profession,
commodity, service or entertainment which is sold or offered on a premise
other than that on which the sign is located.
b) Business signs may be erected, attached or painted on to a structure, and
maintained in conjunction with a commercial use provided:
Signs shall have a surface area not exceeding one hundred square feet per
sign face with an aggregate total not to exceed two hundred (200) square
feet if double faced.
2. Such sign except a directional sign, is erected only on the premise on
which the use, to which the sign relates, is conducted.
3. Notwithstanding the above, where two or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates.
For the purpose of this subdivision, a combination of two or more business
operations within a single structure includes, but is not limited to,
shopping centers, shopping malls, and subdivided retail, office or
industrial buildings offered for lease or condominium ownership.
4. All freestanding Business Signs shall be landscaped around the base.
Except for monument signs, the surface area of the base of any Business
Sign shall not exceed 25% of the face area unless structural engineering
illustrates the face cannot meet the wind loading requirement of the
Building Code.
5. The maximum height of a Business Sign shall be 15 feet.
52.3 1, Subd. 10.b. amended 4/2005 ( *section subsequently renumbered)
52.32 -10
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ORDINANCE 52 — ZONING ORDINANCE
c) Wall signs may be placed or painted against the exterior wall or surface of a
building or structure and are subject to the following regulations:
1. That the wall sign does not exceed one and one -half ( 1 1 /z) square feet per
lineal lot front foot or fifteen percent (15 %) of the building frontage area
or seventy five (75) square feet, which ever is the greatest.
2. Wall signs shall not project above the roof.
d) Advertising or pylon signs shall not be permitted.
Subd. 4412: Regulation of Activities Adjacent to Wetlands.
a) The following activity shall be subject to a 50 foot setback from wetlands:
The construction or maintenance of a building attached to a foundation,
including but not limited to, pole buildings. For purposes of this
paragraph, pump houses, moveable storage sheds, recreational docks and
storm water or erosion control devices shall not be considered buildings.
b) The following activity shall be subject to a 75 foot setback from wetlands:
The construction or maintenance of paved driveways or areas designed for
the parking of a vehicle or trailer.
C) The following activities shall be subject to a 100 foot setback from
wetlands:
1. The construction or maintenance of a well used for agricultural
irrigation, or any well less than 50 feet in depth.
2. External storage of materials used in conjunction with industrial or
commercial processing or manufacturing.
3. The storage of waste or refuse generated by industrial or
commercial activities.
4. The construction or maintenance of a septic system.
Subd. P? 13: Interim Use Permit for Rental Units.
52.32 -11
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ORDINANCE 52 - ZONING ORDINANCE
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52.32 -12
iEMMMM
52.32, Subd. 12, added 1/07
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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 parked or stored on property
outside a home, provided:
i. If they are stored in the front yard they are 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.
If stored in the rear yard they are at least ten feet from the
rear lot line and five feet from a side lot line.
iv. If stored on a comer lot they are not closer than twenty feet
from the property line abutting a side street.
par-king Storage afl&er-
in !eBg4h and eight � in height is prohibited.
vi Pre 'a' standards ef+T, City's T 1 Car- n a
rrt+
C. Construction and landscaping material currently being used on the
premises.
D. On and off street parking of currently registered and operable
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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:
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.
5:18
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: Declaration 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 welfare 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 areas, preventing the full use of
residential streets, residential parking, introducing commercial advertising signs into areas where
commercial advertising signs are otherwise prohibited, and otherwise adversely affecting
residential property values in the neighborhood patterns. It shall be unlawful for any person
owning, driving or in charge of a semi trailer, to park the same in a zoned district R -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 charge of a truck
tractor to park the same in a zoned district R -1, R -2, R -3, or R-4 or within 200 feet of any
residence for more than 60 minutes.
Subd. 2: Cattle Truck Parking. It shall be unlawful to leave standing upon any street or
public alley in the City of St. Joseph, any cattle truck or vehicle regularly used for transporting
livestock for a period exceeding one hour.
Subd. 3: Restrictions Cumulative. The restrictions of this Ordinance relating to the
parking of trucks are not to be construed as exclusive, but rather as in addition to the parking
restrictions which apply to all motor vehicles 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: Scone of Parking and Loading Requirements .
84 -4
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