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HomeMy WebLinkAbout[07] Ordinance AmendmentsC.[TY ()F ST. JI)Sp 1'H Planning Commission Agenda Item 6 MEETING DATE: August 2, 2010 AGENDA ITEM: Ordinance Amendments SUBMITTED BY: Staff PREVIOUS PLANNING COMMISSION ACTION: Over the past months the Planning Commission has discussed various amendments to Ordinances and has reviewed extracts of Ordinances and completed revisions. BACKGROUND INFORMATION: Included in this packet are full text Ordinance amendments and are broken down as follows: 52.06 Building Permits Required 52.06 -1 When the State Building Code was amended requiring building permits for windows and siding the City updated the building permit process and the Council authorized the nominal fee for such but the Ordinance was never changed. This amendment reflects the current requirement and was an oversight. 52.10 Off Street Parking 52.10 -1 thru 52.10 -9 Major changes include language for shared parking, requiring a hard surface for parking pads in residential areas, allowed for relief from curbing requirements in the B1 area if a drainage system is in place and identified where parking pads can be located. 52.12 General Performance Standards 52.12 -1 thru 52.12 -12 Major changes include adding the fencing provisions from the Transportation Corridor Overlay District to the fence provisions, removing the duplicity of commercial parking which is provided for in section 84 of the Ordinance and removing the duplicate language on junk cars found in the nuisance section of the Ordinance. 52.21 Transportation Corridor Overlay District 52.21 -1 thru 52.21 -6 A memo has been provided discussing that the use of an Overlay district versus creating another zoning district. Also the setback has been changed from 100' to 40' for setback and the sign language has been changed to 15' as in all other sections. 52.22 Outdoor Dining New section that has been added. 52.22 -1 thru 52.22 -3 6:1 52.32 B2 Highway Business 52.32 -1 thru 52.32 -11 Major changes include adding outdoor /seasonal markets as Interim Use, moving the rental provision within the Ordinance and relieving Planning Commission approval if the development meets the Ordinance. 52.35 Educational and Ecclesiastical 52.35 -1 thru 52.35 -4 Major change included adding the provision requiring determination of required parking. 58 Telecommunications 58 -1 thru 58 -6 Updated the title and reference to antennas 84 Parkina 84 -1 thru 84 -13 Major changes include adding the parking pad provisions, changing the continuous parking provision and removing duplicity of the parking requirements found in Ordinance 52. REQUESTED PLANNING COMMISSION ACTION: Discuss the proposed amendment and determine if the Planning Commission is ready to conduct a public hearing and if there are any other Ordinances that the Planning Commission would like updated. 6:2 ORDINANCE 52 - ZONING ORDINANCE Section 52.06: BUILDING PERMITS REQUIRED No person shall ereet a teF wfeek, of move construct, enlarge. alter, repair. move. demolish or change occupancy any building or part thereof with the City of St. Joseph, without first securing a building permit. No person shall install, modify or perform other work on a plumbing or mechanical system within any structure (othef than routine maintellanee of haViti- a eest ar- value of $2,000 oF less) without first securing the necessary plumbing or mechanical permit. The application for a building permit shall be accompanied by a plan showing the dimensions of the lot to be built upon, the size and location of the building upon the lot and any accessory buildings to be erected, the use to which the intended building is to be put, and the estimated cost thereof. The application for a plumbing or mechanical permit shall be accompanied by a description of the work to be performed and other information as deemed necessary by the Building Inspector. If the proposed work complies with the Minnesota State Building Code and the regulations adopted by the State of Minnesota, as well as all of the Ordinances of the City of St. Joseph, the Building Inspector shall issue a permit therefore conditioned upon the applicants compliance with all of the State Laws and City Ordinances. A44 permits shall be ce signed by the C-,ity,ikdrfl.inistr-ater�Clier-l( and all additional pefmits neeessaf,, shall be obtained at this t'. BUILDING PERMITS SHALL NOT BE REQUIRED if the •_ ork to be ,.eft;,.•r...e d Of replaeement of interior or extefioi- dooi-s whieh do not result iii th-e of an interior- wall. A pefmit shal 1 be obtained for- the eenstfuetion or- f eeenstrtietien of an aeee y building as defined '' O a 52.04 S bd !.-for work specifically exempt by MN .. ✓ ✓vY! ua. l.11b kJ IAI.I fIlV II Rules adopted by this code as MN State Building Code. 52.06 -1 REVISOR 1300.0120 1300.0120 PERMITS. Subpart 1. Required. An owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any gas, mechanical, electrical, plumbing system, or other equipment, the installation of which is regulated by the code; or cause any such work to be done, shall first make application to the building official and obtain the required permit. Subp. 2. Annual permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical, or plumbing installation, the building official may issue an annual permit upon application for the permit to any person, firm, or corporation regularly employing one or more qualified trade persons in the building, structure, or on the premises owned or operated by the applicant for the permit. Subp. 3. Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under the annual permit. The building official shall have access to the records at all times or the records shall be filed with the building official as designated. Subp. 4. Work exempt from permit. Exemptions from permit requirements of the code do not authorize work to be done in any manner in violation of the code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: A. Building: (1) one -story detached accessory structures, used as tool and storage sheds, playhouses, and similar uses, provided the floor area does not exceed 120 square feet (11.15 mm2); (2) fences not over six feet (1,829 mm) high; (3) oil derricks; (4) retaining walls that are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, Il, or III -A liquids; (5) water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1; (6) sidewalks and driveways that are not part of an accessible route; (7) decks and platforms not more than 30 inches (762 mm) above adjacent grade and not attached to a structure with frost footings and which is not part of an accessible route; Copyright ©2009 by the Reviso, of Statutes, State of Minnesota. Al: Rights Reserved. ORDINANCE 52 — ZONING ORDINANCE Section 52.10: OFF STREET PARKING Subd. 1: Intent. The intent of this section of the zoning ordinance is to establish general standards for off - street parking. The regulations provided herein shall apply equally to all districts except where special provisions provide otherwise. Subd. 2: Scope of Parking and Loading_ Requirements. a) In all zoning districts, off -street parking facilities for the storage of motor vehicles for the use of occupants, employees and patrons of the buildings or structures hereafter erected, altered or extended after the effective date of this Ordinance shall be provided and maintained as herein prescribed. Subd. 3: General Parking Provisions. a) Loading space shall not be construed as supplying off -street parking space. Minimum parking dimensions shall meet the requirements of Section 52. 10, Subd. 5K. b) When units or measurements used in determining the number of required parking spaces result in requirement of a fractional space, that fractional space shall be rounded up to the next highest whole number. C) Whenever a use requiring off-street parking is increased in floor area, and such use is located in a building existing on or before the effective date of this Ordinance, additional parking space for the additional floor area shall be provided and maintained in amounts hereafter specified for that use. d) For the purpose of this section, "Floor Area," in the case of offices, merchandising or service types of uses, shall mean the gross floor area used or intended to be used for services to the public as customers, patrons, clients or patients as tenants, including areas occupied for fixtures and equipment used for display or sale of merchandise, less ten (10) percent. e) Off -street parking facilities for dwelling shall be provided and located on the same lot or parcel of land as the building they are intended to serve. f) When off -street parking is required, it shall be designated for that purpose and the individual parking stalls appropriately striped. 1 52.10 -1 ORDINANCE 52 — ZONING ORDINANCE g) Where a use is not specifically mentioned, off - street parking requirements shall be the same as for similar use. h) In the B1, B2 and B3 zoning districts on land which contains existing buildings nothing in this section shall be construed to prevent collective provisions of off - street parking facilities for two (2) or more buildings or uses provided, collectively, such facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the table, and Subdivision 4 below, said buildings or uses are within 350 feet of the parking area. This pr-evisien allowing off site pafWag shall only apply to land on whieh there is existing buildings. No off st-Feet pefking shall be allowed for- businesse i). To accommodate redevelopment and /or expansion of existing structures or uses within the B -1 and B -2 zoning districts, the Planning Commission may allow off - site parking providing the he Applicant demonstrates alternative ap rking arrangements such as a parking stall lease agreement or the presence Of public parking. Alternately the Applicant may provide a ap rking study completed by a qualified professional demonstrating the proposed use is adequately served by existing parkin i) Nothing in this section shall prevent the extension of, or an addition to a building or structure into an existing parking area which is required for the original building or structure when the same amount of space taken by the extension or addition is provided by an enlargement of the existing parking area. j) No curb cut access shall be located less than twenty (20) feet from the intersection of two (2) or more street right -of -ways for residential uses, and thirty (30) feet for commercial and industrial areas. This distance shall be measured from the intersection of lot lines. k) Curb cut openings shall be a minimum of five (5) feet from the side property line. 1) All properties shall be entitled to at least one (1) curb cut. Single - family uses shall be limited to one (1) curb cut access per property measuring no more than 24 feet in width (the 24 foot width shall include 18 -foot width plus three foot taper width on each side). m) Driveways in residential areas which abut a hard surface roadwav must be constructed of a hard surface consisting of concrete bituminous parent or paver stone designed to drain and dispose of surface water. Recycled bituminous or concrete shall be prohibited except as permitted in an industrial area by special use permit. 1 52.10 -2 ORDINANCE 52 — ZONING ORDINANCE Subd. 4: Required Off - Street Parki n. The amount of required off - street parking space for new uses or buildings, additions thereto and additions to existing buildings as specified previously, shall be determined in accordance with the following table, and the space so required and shall be irrevocably reserved for such use, except these requirements shall not apply to uses in existing buildings within the Central Business District of St. Joseph. The amount of required off - street parking in the Central Business District for existing or new uses and improvements to existing buildings which do not increase the area used for commercial or residential /rental use shall be determined by the Planning Commission with approval by the City Council prior to the issuance of a building permit. The amount of parking space required shall be based on the anticipated demand for parking and loading space, the length of visits generated by the particular business, and the availability of other parking spaces in the Central Business District. The Central Business District shall be located within the following boundaries: Properties lying to the West of First Avenue Northeast; lying East of Second Avenue Northwest; lying North of Minnesota Street; and lying South of the cast/west alley which is between Minnesota Street and Ash Street. The lots within the Central Business District are: Lots 4, 5, and 11 through 15 of Block 10; Lots 7 through 12 of Block 9, and Lots 7 through 12 of Block 4, all in the Original Townsite of St. Joseph. a) Single family, two family non - rental residential units. Two (2) spaces per unit. b) Boarding house, rooming house, bed and breakfast multiple family dwellings and rental residential dwellings. One and one -half (1 2) spaces for each single - bedroom dwelling, two and one -half (2 2) spaces for each two- bedroom dwelling, four (4) spaces for each three - bedroom dwelling, and an additional 1.25 spaces for each additional bedroom within the dwelling. Any bedroom larger than 140 square feet shall be considered as two bedrooms for the purpose of determining the total number of bedrooms within a dwelling. Fractional numbers shall be rounded up to the next highest whole number. C) Motels, motor hotels, hotels. One (1) space per each rental unit and one (1) space for each employee on any shift. d) Church, theater, auditorium. At least one (1) parking space for each four (4) seats based on the design capacity of the main assembly hall. e) Hospitals. Three (3) spaces per each bed. fl Medical, chiropractic, dental or hospital out - patient clinics. One (1) space for each one hundred ten (I 10) square feet of net floor area or seven (7) spaces per doctor, whichever number of parking spaces is greater. g) Long Term Care Facilities, Assisted Living Centers Rest Homes and Retirement Homes. One (1) space for each two (2) beds for which accommodations are 52.10 -3 ORDINANCE 52 — ZONING ORDINANCE offered and one (1) for each employee on any shift. h) Elderly (senior citizen) housing. One (l) space per unit. i) Drive -in restaurant and convenience food. At least one (1) parking space for each thirty -five (35) square feet of gross floor area, but not less than fifteen (15) spaces. j) Office buildings and professional offices, other than medical chiropractic dental or hospital out - patient clinics. One (1) space for each two hundred fifty (250) square feet of floor area. k) Bowling alley. At least five (5) parking spaces for each alley, plus additional spaces as may be required herein for related uses contained within the principal structure. 1) Automotive Service Station. At least four (4) off - street parking spaces plus two (2) off -street parking spaces for each service stall. Those facilities designed for sale of other items than strictly automotive products, parts and/or service shall be required to provide additional parking in compliance with other applicable sections of this Ordinance. m) Retail store and service establishment. At least one (1) off -street parking space for each three hundred (300) square feet of floor area. n) Retail sales and service business with fifty (50) percent of gross floor area devoted to storage, warehouses and/or industrv. One (1) space for each three hundred (300) square feet devoted to public sales and/or service plus one (1) space for each one thousand (1,000) square feet of storage area or one (1) space for each employee on the maximum shift which is appropriate. o) Restaurants and cafes. At least one (1) space for each four (4) seats used by patrons, plus one (1) space for each employee on the maximum shift. p) Private clubs serving food and/or drinks bars taverns nightclubs. At least one (1) space for each fifty (50) square feet of gross floor area. q) Funeral home and Mortuary establishments. At least twenty (20) parking spaces for each chapel or parlor, plus one (1) parking space for each funeral vehicle maintained on the premises. r) Manufacturing, fabricating or processing of a product or material warehouse storage, handling or bulk goods, post offices. At least eight (8) spaces, plus one (1) space for each two (2) employees on each shift based on maximum planned 1 52.10 -4 ORDINANCE 52 — ZONING ORDINANCE employment or at a minimum one (1) space for each five hundred (500) square feet of floor area. S) Car wash. (In addition to required stacking space.) 1. Automatic drive through, serviced. Ten (10) spaces per bay for stacking purposes plus one (1) space for each employee on the maximum shift. 2. Self - service. Three (3) spaces per bay for stacking purposes, plus a minimum of two (2) additional spaces. Subd. 5: Parking Lot Standards. In all districts where off - street parking lots are permitted or required such off - street parking shall be constructed and maintained subject to the following regulations: a) These standards shall not be applicable to parking provided for single family or two family residences, public parks or other publicly owned property. Parking lot standards for industrial uses may be subject to variance or modification by the conditional use permit for the specific industrial use. In considering a request for variance or modification, the City shall consider the location of the property, size of the parking area, use of the parking area, adjacent property uses and the impact on the general well being of the community. Alternative surfaces which may be permitted in an industrial area are limited to Class 2 crushed granite which conforms to the requirements of MN/DOT specification 3138 with visual evidence of further consolidation. b) Parking lots existing on or before January 1, 1996, do not have to be brought into compliance with these standards until such time as any of the following events occur. (a) a new structure is constructed on the property served by the parking lot; (b) an addition is constructed to any existing structure located on the property served by the parking lot; (c) A change in use of the property served by the parking lot occurs which results in a remodeling of the structure requiring the issuance of a building permit. C) Adequate ingress and egress shall be provided. d) Such parking lots shall be constructed and maintained in a useable condition, with a hard surface consisting of concrete, bituminous, pavement or paver stone designed to drain and dispose of surface water. Recycled bituminous or concrete shall be prohibited except as permitted in an industrial area by special use permit or variance. e) Whenever such parking lot boundary adjoins property zoned for residential use, a setback of fifteen (15) feet from said lot line shall be required, and maintained. 1 52.10 -5 ORDINANCE 52 - ZONING ORDINANCE f) Necessary curbs or other protection against damages to adjoining properties, streets and sidewalks shall be provided and maintained. Concrete curbs to MnDOT Design 13612 B42 specifications shall be used for all automobile stops and for all drive and parking areas. 11�. For the purpose of promoting, redevelopment of property parcels within the Central Business District as defined in Section 52.10 Subd 4 as may be amenededamended, may be exempted from perimeter curbing requirements provided: 1. The City Engineer finds the area is reasonably serviced by area storm water structures /facilities. 2. The development application illustrates that: i. Reasonable visual separation from adjoining properties streets and sidewalks is provided and maintained through the employment of alternate treatments such as landscaping or striping, or u. The site is subject to a unified design/development that contains joint parking or public parking facilities. g) Plans for the construction of any such parking lot must be approved by the Planning Commission before construction is started. No such land shall be used for parking until approved by the Planning Commission. h) No sign shall be so located as to restrict the sight, orderly operation and traffic movement within any parking area. Only signs necessary for the orderly operation of traffic movement or parking regulation shall be permitted in any parking area (e.g. visitor parking, deliveries, handicap parking). Such signs shall not be considered part of the permitted advertising space and shall be subject to signage regulations. i) All parking lots shall be screened and landscaped from abutting residential uses or districts by a wall, fence or densely - planted compact hedge or tree cover not less than four (4) feet nor more than eight (8) feet in height. j) Except in the case of single - family, two - family, and townhouse developments, parking areas shall be designed so that circulation between parking aisles or driveways occurs within the designated parking lot and does not depend upon a public street or alley and such design does not require backing onto the public street. k) Except in the cases of single - family, two - family and townhouse developments, parking lot dimensions are set forth in the table below. Circulation patterns shall allow adequate room for emergency vehicles. 52.10 -6 ORDINANCE 52 — ZONING ORDINANCE Angle Standard Depth Depth to Aisle Wall /wall Interlock and stall to interlock width module Module traffic width wall flow 90 deg 2- 9' 17.5' 17.5' 26' 61' 61.0 way 60 deg 2- 9' 18.0' 16.5' 26' 62' 59.0 way 75 deg l - 9' 18.5' 17.5' 22' 59' 57.0 way 60 deg 1- 9' 18.0' 16.5' 18' 54' 51.0 wa Special designs will be considered for unique situations, and are subject to approval of the City Engineer. Handicap stalls shall be provided in accordance with current ADA requirements. Where bumpers overhang sidewalks, allow 2.5 feet of clearance for the overhang before considering useable sidewalk width. 1) Drainage and Surfacing. Driveways shall not exceed a grade of six (6) percent and all parking lots except those for less than four (4) vehicles shall be graded according to a drainage plan which has been approved by the City Engineer. Catch basins, sumps and underground storm sewers may be required. m) Stjpin . All lots for five (5) or more vehicles shall have the organization of spaces painted on the surface according to the plan approved by the City. n) Circulation. Lots shall be so designed that internal circulation shall be available without utilizing the public street. o) Maintenance. It shall be the responsibility of the lessee and/or owner of the principal use, uses or building to maintain in a neat and adequate manner, the parking area, striping, landscaping and screening. p) Lighting. All lighting used to illuminate an off -street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic flow. Subd. 6: Parking Pads for Residential Units in All Zoning Districts a) Parking, pads are improved areas on private property designed to accommodate parking, of passenger vehicles. sport utility vehicles recreational vehicles utility /boat trailers. and similar items 1 52.10 -7 ORDINANCE 52 — ZONING ORDINANCE b) Parking pads shall be considered accessory uses and shall be reasonably subordinate in square footage, bulk and scale to the principal use of the propert y as a residential unit(s). In addition. parkinp, pads must meet structural and impervious surface requirements of the underlyin- residential zoning district c) An administrative permit is required for all parking bads constructed after the issuance of a Certificate of Occupancy. d) Parking pads existing at the time of this Ordinance adoption shall be allowed to continue as existing until a building permit or rental permit is requested by the property owner. Upon building or rental permit application or rental renewal application, the parking pad shall be brought into conformance with this Ordinance. The Planning Commission may grant an extension to this requirement provided sufficient escrow is filed with the City to ensure said parking Dad improvements are completed within nine (9) months of the issuance of a building or rental permit. la ,4d) Parking outside of driveway locations is only allowed on areas paved with a continuous impervious surface or an approved pervious surface contained by delineated edging and of sufficient depth and compaction to reasonably prohibit the growth of vegetation within or through said pervious surface on a continuous basis. cle) Parking pads may encroach into side and/or rear yard setbacks provided: i. They do not encroach into utility or drainage easements ii. They are setback a minimum of five (5) feet from the prow line ill. Parking, pads shall not occupy a viewing triangle measuring twenty-five wenty -five (25) feet from the curb intersect at intersections of two or more public streets. f) Parking pads allowed in front yards must be constructed as an integral part of an improved driveway. Total square footage of structures driveway, and Parking pads shall not occupy greater than fifty (50) percent of the front yard Parking pads shall not occupy a viewing triangle measuring twenty -five (25) feet from the curb intersect at intersections of two or more public streets f) Parking of licensed, operable passenger vehicles owned by those residing at the premises are allowed in driveways leading to garages and legal parkin areas /pads providing said parking of vehicles complies with standards of this Chapter and other applicable sections of the City Code. g) Parking pads in front and side yards must be easily accessible from an improved 52.10 -8 ORDINANCE 52 — ZONING ORDINANCE driveway. Parking pads in the rear yard shall be accessible from an alley and /or public right of �aay. h) Parking pads must be on the same lot as the residence is being served Subd. 7: Parking in the E/E Educational and Ecclesiastical District a) Parking intended to be used by students guests employees the public residents and visitors within the E/E District shall be illustrated on a Master Parking Plan which is consistent with this Ordinance b) The number of ap rking stall required maybe reduced from the requirements of this Ordinance provided a parking study by a qualified individual finds proposed parking is adequate. c) Areas suitable to accommodate of emergency vehicles and accepted by the Fire Marshall shall be required for each structure Subd. 68: Required Loading Berths. In connection with any structure which is to be erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, with a gross floor area of five thousand (5,000) square feet or more, there shall be off - street loading provided on the basis of the following: Gross Floor Area square feet 5,000 to 16,000 16,000 to 40,000 40,000 to 70,000 70,000 to 100,000 each additional 40,000 Minimum required loading berths I 2 3 4 l additional Loading space required under this Section shall be at lease fifty (50) feet long and ten (10) feet wide. 52.10 -9 THIS PAGE INTENTIONALLY LEFT BLANK ORDINANCE 52 — ZONING ORDINANCE Section 52.12: GENERAL PERFORMANCE STANDARDS The intent of this section of the zoning ordinance is to establish general development performance standards. The regulations provided herein shall apply equally to all districts except where special provisions provide otherwise. Subd. 1: Accessory Buildings. a) In all residential districts detached accessory buildings shall be located in the rear yard. Accessory buildings which require a building permit shall comply with all yard requirements applicable to 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 from the front street right -of -way lines. Also, all other accessory buildings shall setback a minimum of fifty (50) feet from front street right -of -way lines. Accessory buildings are further limited not to exceed over one (1) story of sixteen (16) feet in height. Section 52.12, Subd. l a amended 1/07 b) All garages shall, if the vehicle entrance backs upon a public alley, be setback at least five (5) feet from the public alley right -of -way. C) In no case shall the door of any structure, building, fence or improvement be erected or constructed so as to extend beyond any lot line. d) In business and manufacturing districts, accessory buildings and uses may occupy any of the ground area which the principal building is permitted to occupy. Accessory buildings such as buildings for parking attendants, guard shelters, gate houses and transformer buildings, may be located in the front or side yard in the Industrial District. e) Within the R -I and R -2 districts no accessory structures, including attached garages, or any combination of accessory structures shall exceed 1,350 square feet or ten percent (10 %), whichever is the lesser, of the total lot area. In addition, lot coverage requirements outlined within the respective districts shall be adhered to. fl The same or similar quality exterior building materiel shall be used on the accessory building and the principal building. g) Accessory buildings other than garages shall be limited to ten (10) feet in height in all single and two family and townhouse unit lots. 52.12 -1 ORDINANCE 52 — ZONING ORDINANCE h) Detached garage sidewalls shall not exceed ten feet and the pitch shall be no greater than that of the principal structure. i) The roof slope shall be no granter than the steepest roof slope of the principal structure, nor less than the average of the roof slopes of the principal structure. Subd.2: Fencing. a) Application. This Section shall apply to the construction and maintenance of all walls or fences, to including living fences as defined herein, within the City. These standards shall be applied in conjunction with other standards contained in this Ordinance and be interpreted consistent therewith. b) Purpose — Fencing Standards. This sub - section is designed to: I . Regulate fence or wall location. 2. Protect property from a loss of use, enjoyment or value due to the construction of aesthetically objectionable fences or walls on adjacent property. 3. Assure that fences and walls are constructed on the property line or within the property of the part who will maintain the wall or fence. 4. Assure consistency in the location of fences and walls constructed in residential districts. 5. Require walls and fences be constructed of low- maintenance material. 6. Require walls or fences to be constructed of non -toxic materials. C) Fence Permit Required. Prior to constructing or reconstructing a fence or wall within the City, the person or entity owning the property on which the wall or fence is to be constructed or reconstructed shall secure a fence permit from the City. A permit fee may apply. Upon completion the application shall be referred to the Building Inspector for review and the issuance of a permit upon a determination that the proposal complies with this Ordinance. The fence or wall shall be inspected by the Building Inspector upon completion of construction or reconstruction to assure compliance with this Section. The permit application shall contain the following: 1. Legal description of the property on which the fence or wall is to be constructed or reconstructed. 2. Sketch showing the location of the fence or wall on the property. 52.12 -2 ORDINANCE 52 — ZONING ORDINANCE A description of the materials to be used in the construction of the fence or wall. 4. A description or sketch of the design and dimensions of the fence or wall. 5. Compliance with the provisions of this section of Ordinance 52. d) Fence Height. 1. Fences and walls located within a residential area shall not exceed the height of seven feet; except fences located between the front of the residential structure and the adjacent roadway shall not exceed four feet. 2. Fences and wall located in a commercial area shall not exceed the height of eight feet; except fences located between the front of the commercial structure and the adjacent roadway shall not exceed four feet in height 3. Fences and wall in an industrial area shall not exceed eight feet unless a higher fence or wall is approved as part of a special use permit allowing the industrial useLexcent fences located between the front of the industrial structure and the adjacent roadway shall not exceed four feet in height. 4. If two different zones abut, the zoning requirements of the property owner constructing the fence shall apply. e) Fence Materials. 1_i . Fences constructed in residential zoning districts shall be constructed of wood or chain link materials. All wood fences, other than those constructed out of redwood or cedar, shall be stained or painted upon completion of construction or reconstruction. Chain link fences shall be made out of a non -rust material. +-2. Fences constructed in Commercial zoning districts shall be constructed of material complementary to the principal structure Chain link fencing shall be prohibited in the front yards in all Commercial Zoning districts. 23. Barbed wire and electrical fences are strictly prohibited, except within the agricultural district. 3.4. Use of creosote lumber is prohibited. 45. Decorative, landscape, retaining and /or privacy walls may be constructed out of stone masonry or brick provided they are: not less than four inches or more than 24 inches in width; set on a firm foundation which is not less than 150% of the width of the wall at the base; and, resting on footing 52.12 -3 ORDINANCE 52 - ZONING ORDINANCE located below the frost line. 56. Concrete decorative, landscape, retaining and /or privacy walls shall be prohibited unless they are formed from decorative and /or colored concrete, less than 24 inches in height and included as part of an overall landscape theme which has been developed. 67. Other materials which are not specifically allowed by this Section, nor specifically prohibited may be permitted subject to City Council review and approval. f) Living Fences. Living fences may be constructed out of trees or shrubs. Trees and shrubs used as fencing are not restricted in height; except the height of the living fence located to the front of a residential structure shall not exceed four feet. The owner of the property adjacent to a living fence may trim or prune that part of the tree or shrub which extends across the property line over his/her property. g) General Standards - Fences. 1. Fences and walls shall be constructed at least two feet inside the property line, unless the adjacent property owner consents in writing to the construction and maintenance of the fence or wall directly on the property line, or if the fence or wall is constructed of maintenance -free materials in accordance with Subdivision G3. of this Section. 2. That side of the any fence considered to be its evident finished side or face (i.e. the finished side having no structural supports) shall front abutting property. If the fence is located in a commercial or industrial district and visible to the public from both sides, as determined by the City Administrator /Clerk, it shall contain finished surfaces on both the interior and exterior of the fence. 3. 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 of the owner and so long as the bottom of the fence (exclusive of posts or anchors) is at least two inches above the ground. For the purposes of this paragraph, the term `maintenance -free materials' shall include stone, brick, stucco or chain link which is finished with a rust resistant material. 4. No fence shall be constructed which is approximately parallel to an existing fence and closer than two feet so as to create an area between the fences which has limited accessibility for purposes of maintenance. h) Maintenance of Fence. 52.12 -4 ORDINANCE 52 — ZONING ORDINANCE All fences and walls located within the City shall be maintained in a safe condition. The owner of the property on which a fence or wall is located shall be responsible for the maintenance and repair of the fence. 2. No fence or wall may be maintained in a location which obstructs the ability of a driver of a motor vehicle to see other drivers or pedestrians on any street or alley. i) Pre-existing Fences. This Section shall apply only to fences and walls constructed or reconstructed after July 1, 1992. Any pre- existing fence that does not conform with the provisions thereof shall not be altered, extended or reconstructed except in conformance with this Section. j) Emergency Access to Fenced Areas. An access opening for emergency entrance shall be incorporated into any fenced areas within which a building is totally or partially located. For residential use property the access opening shall be at least four (4) feet in width. For commercial or industrial use property, the access opening shall be at least fourteen (14) feet in width. A gate or unfenced area shall qualify as an access opening if of sufficient width. Subd. 3: Screening and Landscaping. a) Required Screening. In all commercial and industrial districts adjacent to residential districts and not divided by streets there shall be provided along the property line a fifteen (15) foot wide planting strip composed of grass, trees and shrubs. A screening fence may be utilized when approved by the Planning Commission. Such fence shall not exceed eight (8) feet in height nor be less than six (6) feet in height. b) LandscapeNegetation Covering_ Required. In all zoning districts the lot area remaining after providing for parking, driveways, loading, sidewalks or other requirements shall be planted and maintained in grass, sodding, shrubs or other acceptable vegetation or landscaping techniques. C) Landscaping2lanting in Easements. Plantings such as trees and bushes may be placed in and utility easements at the risk of the property owner, provided they are approved through the process identified in St. Joseph Ordinance No. 32, and they do not change or interfere with the drainage. The city does not encourage extensive plantings or landscaping in the easement area because of potential drainage problems and the possibility of utility work in the easements. The city or utility service providers shall not be required to replace plantings or landscaping removed or damaged during work within the easement area. Subd. 4: Building and Lot Restrictions. a) No building shall be erected, converted, enlarged, reconstructed or structurally 52.12 -5 ORDINANCE 52 — ZONING ORDINANCE altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located. b) No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located. C) No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located. d) The minimum yards and other open spaces, including lot area per family, required by this Ordinance for each and every building existing at the time of passage of this Ordinance or for any building hereafter erected shall not be encroached upon or considered as yard or open space requirements for any other building. e) Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (1) principal building on one lot unless provided in this Ordinance. f) On a through street, a lot fronting on two parallel streets, or a corner lot, both street lines shall be front lot lines for applying yard, setback and parking requirements, except that for the purpose of determining the location of the rear yard, the following rules apply: For a corner lot, the rear yard shall be that portion of the yard opposite the yard frontage as defined by Section 52.4.63; 2. For a through lot, the rear yard shall be that portion of a lot opposite the street from which the principal structure derives its address. 3. Any use generally permitted within the rear yard of a lot may be permitted in the rear yard of a through lot or corner lot so long as the use meets all setback requirements, assuming that the front yard setback applies to all streets abutting the property. g) Manufactured homes as defined in this Ordinance shall be limited to locations provided in the district provisions. h) Any dwelling constructed in an area zoned R -1, on a lot of a plat approved by the City on or after July 15, 1991, shall include an attached or detached private garage of at least 20 feet in width and 22 feet in depth. For purposes of this ordinance, width shall be measured on the side of the garage having an overhead garage door for motor vehicle access. i) Residential lots shall have no more than a single curb cut providing access to the 52.12 -6 ORDINANCE 52 — ZONING ORDINANCE lot. The curb cut shall not be more than 24 feet in width. j) No galvanized or unfinished steel, galvalum or unfinished aluminum buildings (walls or roofs) (except those specifically intended to have a corrosive designed finish such as corten steel) shall be permitted in any zoning district except in association with farming operations. k) Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the property values of the abutting properties or adversely impact the public health, safety and general welfare. l) Residential dwellings in the R -1, R -2 and R -3 Districts, except those within approved manufactured home subdivisions: I . Shall have a minimum roof pitch of 4:12, and each roof shall be shingled or feature approved materials. 2. Shall maintain a minimum width of twenty -two (22) feet throughout a minimum of seventy percent (70 %) of the structure. Shall be placed on permanent foundations of wood or concrete. Subd. 5: Height and Yard Exceptions. a) Chimneys, cooling towers, elevator bulk heads, fire towers, drive -in movie theater screens, grain elevators, silos, penthouses, stacks, tanks, water towers, pumping towers, radio or television towers, monuments, cupolas, steeples and mechanical appurtenances pertaining to and necessary to the permitted use of the district in which they are located, shall not be included in calculating the height of the principal structure. Wind energy towers and solar collectors will be allowed by the variance procedure provided under this Ordinance. b) Outside stairways, fire escapes, fire towers, porches, platforms, decks, balconies, boiler flues and other similar projections shall be considered as part of the building and not allowed as part of the required space for yards, courts or unoccupied space, provided, however, that this provision shall not apply to one (1) fireplace or one (1) chimney, not more than eight (8) feet in length and projecting not more than thirty (30) inches into the allowable side yard space nor cornices not exceeding sixteen (16) inches in width nor to platforms, terraces or steps below the first floor level, nor to unenclosed porches or other ground level unenclosed projections not over one (1) story in height which may extend into a front or rear yard not more than five (5) feet, or into a side yard not more than four (4) feet, but such platform shall be restricted from the five (5) foot required side yard in the residence district. 52.12 -7 ORDINANCE 52 — ZONING ORDINANCE Subd. 6: Independent Sewage Treatment System Provisions a) Once available, all sewage and water facilities shall be connected to the Municipal sewer and water facilities within ninety (90) days of when said services become available. Where sewers are not constructed or in operation all sewage facilities shall be connected to approved septic tanks and disposal fields. This provision shall not apply to temporary construction sites, or portable units. b) Where access to a public sanitary sewer is not available hereunder, the building sewer shall be connected to an independent sewage treatment system complying with rules and regulations contained herein; as prescribed by the Minnesota Pollution Control Agency; and, as contained in all other local, state, or federal mandates. C) Rules and regulations applicable to independent sewage treatment systems contained within Minnesota Rules are hereby incorporated. d) The building owner/lessee shall be required to operate and maintain the Independent sewage treatment system in a sanitary manner, at all times, without City expense. e) Existing ISTS which are failing shall be required to be upgraded, replaced, or repaired in compliance with provisions herein contained and as set forth in Minnesota Rules, as applicable, within 180 days. f) All ISTS design, installation, alteration, repair, maintenance, pumping, and inspection activities shall be completed under a license or by a qualified employee, or as exempted under part 7080.0700, subpart l (Minnesota Rules). g) At such time as a public sewer becomes available to a property served by an independent sewage treatment system, and a direct connection is made to the public sewer and any septic tanks, cesspools, leaching pits, dry wells, seepage pits, privies, and similar private sewage disposal facilities shall be abandoned in compliance with Minnesota Rules, Chapter 7080.0176. h) No statement contained herein shall be construed to interfere with any additional requirements that may be imposed by the City or other authority. i) Permit Requirement. Prior to commencement of the construction or the alteration or repair of an independent sewage treatment system, an applicant must obtain a written permit from the City. The permit application shall include: Site evaluation report by a licensed septic system designer including items identified in MN Rules Chapter 7080, and including a certified statement from the entity that conducted the evaluation. 2. A design report and drawings created by a licensed septic system designer 52.12 -8 ORDINANCE 52 — ZONING ORDINANCE including calculations and summaries for all system component sizing. Additional information as requested and provided for within this Ordinance. j) The City shall not issue a zoning permit for a bedroom or bathroom addition, or a system replacement on a property served by an ISTS unless the individual sewage treatment system is in compliance with applicable requirements hereunder as evidenced by a certificate of compliance. k) A permit for an ISTS shall not become effective until installation has been completed as certified by the City. The City shall be allowed to inspect the work at any stage of construction with or without notification. The applicant shall notify the building inspector when the ISTS is ready for final inspection, and before any underground portions are covered. 1) Recordkeeping. The City shall maintain copies of certificates of compliance, notices of noncompliance, permit applications, issued permits, enforcement proceedings, variance requests, and other actions taken. Said records shall be available for review as defined in MN Rules 7080. 2. The City shall submit an annual report to the commissioner to demonstrate enforcement of this Chapter, provided application has been made thereto. Subd. 7: Lighting Standards. Any lighting used to illuminate an off - street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky - reflected glare, where from floodlights or from high temperature processes such as combustion to welding shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right -of -way. Any light or combination of lights which case light on a public street shall not exceed one (1) foot candle (meter reading) as measured from the center line of said street. Any light or combination of lights which cast light on residential property shall not exceed 0.4 foot candles (meter reading) as measured from said property. Subd. 8: Pollution. All uses uses shall comply with all 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 of appropriate performance standards shall lie with the applicant. Subd. 9: Dwelling Unit Restrictions. 52.12 -9 ORDINANCE 52 — ZONING ORDINANCE a) No cellar, basement, garage, tent or accessory building shall at any time be used as an independent residence or dwelling unit, temporarily or permanently. b) Basements may be used as living quarters or rooms as a portion of residential dwellings. Rental unit(s) in basements shall be subject to provisions of the appropriate zoning district as well as the provisions of Ordinance #55 governing rentals. C) Tents, play houses or similar structures may be used for play or recreational purposes, but shall not be independent residences or dwelling units, except as provided for via license in licensed recreational camping areas. d) No dwelling shall hereafter be erected or altered unless there is direct access to it from a public street. Subd. 10: Outdoor Storage and Refuse. a) Outside storage. Residential Uses. 1. 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. iii. 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 corner lot they are not closer than twenty feet from the property line abutting a side street. 52.12 -10 ORDINANCE 52 — ZONING ORDINANCE mot- C. Construction and landscaping material currently being used on the premises. D. On and off street parking of currently registered and operable 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. 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 52.12 -11 ORDINANCE 52 — ZONING ORDINANCE 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. 52.]2 -]2 DATE: April 28, 2010 MEMO TO: Judy Weyrens, City Administrator FROM: Cynthia Smith - Strack, Municipal Development Group RE: Transportation Overlay District vs. Amending Conventional Districts Background Following our discussion earlier today, I've assembled the following information regarding the use of overlay districts versus the use of conventional zoning districts. As indicated in our discussion, an 'overlay district' is a special zoning district that addresses a special resource (i.e. shoreland, flood plain) or a specific development area (i.e. planned unit development, transportation corridor). The 'overlay' classification means the requirements are in addition to the existing provisions of the zoning ordinance. An overlay district, like a conventional zoning district (e.g. B -1, B -2, 13-3) consists of districts with mapped boundaries and written text. The mapped boundaries of the overlay district may not necessarily follow existing parcel or zoning district boundaries. The use of an 'overlay district' is typically preferred when the general purpose is to achieve a specific objective (in this case protection of transportation corridor and adjacent viewshed) over a variety of zones (in this case B -2, B -3, and in the future perhaps residential zones in the northerly east -west arterial) without disturbing the expectations created by the existing conventional zoning districts. Existing commercial and residential district language within Section 52 of the St. Joseph City Code presumably properly reflects the use /performance criteria desired (e.g. B -2, B -3, R -3, etc.). An overlay district simply imposes additional requirements /standards on some property within conventional district(s) but only that which is critical to obtaining specific goals, in this case protection of a viewshed and preservation of major transportation corridors. The City of St. Joseph has long favored a vision of small town, rural atmosphere which includes less concrete /bituminous adjacent to major roadways and cost - effective transportation infrastructure. The transportation overlay provides a mechanism to accommodate those goals over a variety of land use districts. THIS PAGE INTENTIONALLY LEFT BLANK ORDINANCE 52 — ZONING ORDINANCE Section 52.21: TRANSPORTATION CORRIDOR OVERLAY DISTRICT SITE AND DESIGN STANDARDS Subd. 1: Intent. a) This district is intended to protect and promote the health, safety and general 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 furthermore intended to maintain the long -term function of arterial and collector roadways; to limit access and the number of conflict points; to promote vehicular circulation; and to promote prevention or reduction of traffic congestion and danger in the public streets. Subd.2: Scope. a) The Transportation Corridor Overlay District shall be defined as follows: 1. CSAH 75 Corridor: A. West East of South Fefk e fAl tab D:., °rIst Avenue NW: areas within 300 feet from the nearest edge of the CSAH 75 right of way. B. CSAH 75 West of 20t'' AvenaeEas4 West of 4"' Avenue N: areas within 300 feet from the nearest edge of the CSAH 75 right of way. 2. 20th Avenue Corridor: A. South of CSAH 75: areas within 300 feet from the nearest edge of the 20th Avenue right of way. B. North of CSAH 75: areas within 300 feet from the nearest edge of the 20th Avenue right of way. CSAH 2 /CSAH 3 Corridor: A. new;, of CS A 14 75South of CR 75 and West of 6"' Avenue NW: areas, within 300 feet from the nearest edge of the FUTURE CSAH 2 right of way K. North of Wobep-on Trail: 52.21 -1 ORDINANCE 52 — ZONING ORDINANCE B. North of CSAH 75: areas within 300 feet from the nearest edge of the CSAH 2 /CSAH 3 right of way & L, North of NN /obeLon Trail., 4. 1 -94 Corridor: A. 500 feet from the nearest edge of the 1 -94 right of way. Subd. 3: Exemptions A_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 transportation corridor overlay district. :4-B. Structures existing prior to adoption of the Ordinance 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 fort 40 feet from the road right -of -way limit. Corner 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 standards conflict the most restrictive standard shall apply. a) Parking areas shall be designed and 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. 52.21 -2 ORDINANCE 52 — ZONING ORDINANCE 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 -of -way. b) Free - standing signs within the required landscaped greenway shall be designed in a manner complementary to the landscaped greenway. C) Free - standing identification signs shall have a low- profile design not more than fifteen (15) eight (8 feet in height and shall be designed to complement and reflect the architecture of the building. Subd. 8: Site Design Standards. a) Viewsheds. 1. Viewsheds shall be defined as the area between two separate locations wherein an uninterrupted view of each point is maintained. The viewshed in the transportation corridor overlay district shall at a minimum correspond to a forty (40) foot landscaped greenway as measured from the nearest edge of the applicable right of way. 2. Viewsheds shall be considered in all development proposal applications within the transportation corridor overlay district. Development shall be designed to minimize the visual intrusion of all buildings, structures, and landscaping in the viewshed. b) Outside stora eg / display of goods. 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 standard is in addition to those required within the underlying zoning 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. Utility lines, including electric, cable and telephone, to serve the development project shall be installed underground. All junction and access boxes shall be screened. All utility pad fixtures, meter boxes, etc. shall be shown on the site plan and integrated with the architectural elements of the site. In redeveloping 52.21 -3 ORDINANCE 52 — ZONING ORDINANCE areas within the transportation corridor overlay placement of utility lines underground is highly encouraged. d) Feflep-,s (NOTE: this section has been added to the Fence Ordinance) ��eraszee�: height Na 2. Fenee exeeedii9g fetii- (4) feet in IF e) beilding. f) Street tree landscaping. In all instances where commercial and/or multi - family residential districts are adjacent to any public street, street tree/landscaping will be required as approved by the City. Subd. 9: Building Layout/Desii . 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 of the corridor. C) Architectural Appearance /Scale. I . New buildings shall have generally complex exterior forms, including design components such as windows, doors, and changes in roof and 52.21 -4 ORDINANCE 52 — ZONING ORDINANCE 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. Orientation. Building facades and entrances should be oriented in a manner toward the primary means of vehicular access. 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 and/or 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 areas, including, but not limited to, stucco, brick, architectural block, decorative masonry, non - reflective glass and similar materials. Architectural metal may be used for a portion of facades facing public rights of way but shall not be the dominant material employed with windows and doors being excluded from this calculation. e) Color. The permanent color of building materials (to be left unpainted) shall resemble earthen tones prevalent in nature. Showy and striking colors shall be avoided. f) Li tin 1. All outdoor lighting fixtures shall be down - directed, with light trespass not to exceed 0.4=5 foot - candles at the property line. 2. All island canopy ceiling fixtures shall 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 Screenin uffers. 52.21 -5 ORDINANCE 52 — ZONING ORDINANCE a) This standard is in addition to those in Section 52.12, Subd. 3 of this ordinance relating to landscaping. Where standards conflict the most restrictive standard shall apply. b) Any required vegetative /planting screen shall 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 the 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 and/or 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. h) Vegetative buffering. In all instances where commercial and/or multi - family residential districts are adjacent 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 be provided in such a manner as to effectively screen the activities of the subject 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. 52.21 -6 m�F — °mcSR C4. Fr i ufip {u of 1o1,o dm uo/ 1\ SLgosa\ sl !q!413 \po0 \L96901 \30f1S \S \ld \:d 31I3 H3S w 9z if I MUM /[ L1 Q Q 0 CO cn LLJ 0 z U0� z Cn 0�w FAO 0c~i)� CO ccu� Z� ag �Ir L, w > LO 0 Q Q 0 Ir z D O C) Im w vi ubp Suo!lolj,dsuoJi \S(4oeo \sligryx3 \POD \LB6BOl \3Of1S \S \ld \ :d 3113 H3S 1'M SO!Zt :L OIOZIUL Ir O 0 Fr cr O U z O Q H Ir O 0— z a 0 a O z D O U w< DO �U) w =z 02 (n = HCL Uw _U) �O U� 0cf) g w O W 1 V1 HIM -,j -63 wE�E y 9@ P9cSG° gg 1 14 7 I * W-M II . I_ u6p,wllol pdswjl\ SL4o5a\sl i4ryx3 \POJ \L9690L \30f15 \s \ld\:d 3113 H3S M L4 :HC :L OI zl- W Q Ir W Ir O I= Z Ups Z U) O — H H W m0 O(!JO CL ❑Cn CO Z � H � W LO n > O Q O CE Z D O U u6pyuo poji. dww l\ SL4ps.\ cl!aryr3 \pp0 \LB69Ol \30f1S \S \id \ :d 3113 H3S I!I 9Z:Lf :L OIOZA /L �a< °o 0 z LLI UO2 Z CO O -IL QUU) �fr 0 O CO 0- 0 C/) Z cc:g w 0 0 a O z D O U W ORDINANCE 52 — ZONING ORDINANCE Section 52.22: OUTDOOR DINING /SMOKING AREAS AND SIDEWALK CAFES Subd. 1: Intent: The intent of this section of the zoning ordinance is to establish general standards for outdoor dining areas and sidewalk cafes. Subd. 2: Definitions: a) "Outdoor Dining" — an area set aside which is designed to accommodate formal dining outdoors. b) "Sidewalk Cafe" — a seating area located outside of an establishment in which there is not enough room to provide formal dining Subd. 3: Outdoor Dining /Smokin Areas: 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: a) 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. b) 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. c) Patrons must gain entrance to the outdoor area from within the main facility, however at least one exit must be provided for fire safety. d) If intoxicating liquor is intended to be served in the outdoor dining /smoking area, the standards of Section 71.11, Subd. 5 of the Cry ede -St. Joseph Code of Ordinances as may be amended shall apply. e) 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. f) 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, 52.22- 1 ORDINANCE 52 — ZONING ORDINANCE and welfare of residents, businesses, and other uses near the establishment. g) The outdoor smoking /dining area shall be handicap accessible and not restrict accessibility in other areas inside or outside the restaurant or food establishment. h) 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. i) The design and finish of the outdoor smoking /dining area shall be compatible with the main structure in terms of scale (ancillary), color, architectural features, finish grade, materials and the like. j) 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. k) The outdoor smoking/dining area shall be kept in a clean and orderly manner. No food or beverages may be stored outdoors. 1) 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. m) 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. n) The Planning Commission or the City Council may require the notification of property owners if the outdoor smoking /dining area is located closer than 350 feet from residential properties. o) The parking regulations related to minimum required spaces as set forth in this chapter shall apply and compliance therewith shall be maintained. p) The maximum surface coverage requirements set forth in this chapter shall apply and compliance therewith shall be maintained. q) 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. 52.22-2 ORDINANCE 52 - ZONING ORDINANCE Subd. 4: Sidewalk Cafes: 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: a) Sidewalk cafes shall be limited to the placement of tables, benches, chairs on portions of "private property immediately adjacent- sidevialks to the business operating them. b) A sidewalk cafe may not occupy any portion of a public street. c) Maintenance of all private facilities on public property shall be the owner's responsibility. d) 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 10 p.m. and 6 a.m. e) Establishments holding an on —1-:-+9xieating liquor- heense shafl not be eligible for sidewalk eaf6 app . At no time shall the sidewalk cafd area be used for consumption of alcoholic beverages. f) 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. g) 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. h) The Planning Commission and/or City Council may require businesses operating sidewalk cafes routinely sweep and/or wash portions of sidewalks impacted by such cafes. i) The sidewalk cafe area shall not block access to the building entrance or required exits. j) 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. 52.22-3 THIS PAGE INTENTIONALLY LEFT BLANK 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 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. I . Medical clinics 2. Dental clinics 3. Veterinary clinics 4. Other institutions providing health care. plan to IIIV Planning G fe) Movie and Performing Arts Theaters. gf) 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 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: 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. Radio and television shops 2. Appliance repair shops 3. Appliance show rooms 52.32 -3 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: 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 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 Pennit based on the procedures set forth in Section 52.07.04 of this Ordinance: a) Fanners Market /Outdoor Market — a publicly or privately operated open -air establishment where agricultural or new or used protects are sold. 1. A site plan shall be provided illustrating that the location of the temporary /seasonal market meets all required parking lot setbacks and all other setbacks. The site plan shall be a scaled and dimensioned site plan 52.32 -5 ORDINANCE 52 — ZONING ORDINANCE shoeing the layout of the entire market area includili )asking spaces for the use. traffic patterns and stall areas. 2 Anv temporary structure placed on the )ropeny for such sales must be removed at the end of the selling season or sale. The size of a temporary building shall not exceed 120 square feet. 3. The Interim Use Permit shall be obtained through the procedures shet forth in St. Joseph Ordinances 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 and Interim Use Permit as a rental unit for a specific period of time. The maximmmn 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 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 a -grees that the use ill terminate at the designated date for tennination of the interim use. 4. Public hearings shall be held as set forth in Ordinance 52.07 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) Property adjacent to County State Aid Highway 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 encroach on easement areas. 52.32 -6 ORDINANCE 52 - ZONING ORDINANCE 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. 89: 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 Docks. All loading docks shall conform to the standards 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 materi al). 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) Li tin . 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. h) Signs. All proposed business signs shall be an element of the Development Plan 52.32 -7 ORDINANCE 52 — ZONING ORDINANCE 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. Ne b, u» ildiii . • ° 4 s . 11 be issued tiiitij th nl Goinini i'eviews the ,l° °l. .,, ,l is eeiiipatible with aE�aeeiit jaiid uses. aiid eonsisteiqt with the, stated intent of this zene. The requi,- ts of this Subdivision shall not ., ,..1., ,,, }�,�� iiiei-ease the size ef the building b�, v the Cii",Y' Cauneil will fflake the Anal deten:nination on site piaii appy-eval. The develepei- shall W igh , ay 75 Business Disbiet:All Development plans must be submitted to the Zoning Administrator for review and circulation to the City Engineer and Public Works Director, and if it is determined that the use and development is compatible with adjacent land uses and consistent with the stated intent of the zoning district Planning Commission approval is not required. If the proposed use is not consistent with the intent of this ordinance or compatible with adjacent land uses. the proposed development Zent plan will be submitted to the Planning Commission for approval. In determining confonnity to the Ordinance the followin>? information must be presented to the Zoning Administrator. 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. 52.32 -8 ORDINANCE 52 — ZONING ORDINANCE 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 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 l 10% 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. 52.32 -9 ORDINANCE 52 — ZONING ORDINANCE Subd. 4-011.: Sims. 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 Advertising signs shall be prohibited. They are defined as follows: 1. Business Sign. A sign that is related to the business located on the same property to which it is located. 2. Wall Sign. A sign painted or placed against or attached to the exterior wall surface of a building or structure. 3. Advertising Sign. 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: I . 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. 52.32 -10 ORDINANCE 52 - ZONING ORDINANCE The maximum height of a Business Sign shall be 15 feet. 52.3 1, Subd. 10.b. amended 4/2005 ("section subsequently renumbered) 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: That the wall sign does not exceed one and one -half ( l %2) 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. 412: 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. 52.32 -11 ORDINANCE 52 - ZONING ORDINANCE limiled ,„ tho defis;,., . hicl, is ail o "P44' Wit? the IN, -I Faiiiik, Resideflijal Di sti-i 4. 3) - --T43€' l l }}3 o t j t}nit 5l3 }l be-obtained, rfl"i" nA"f0�cadfeS Set f0l4h ifl S1. lzise;n Orel e 5z0? Subf1. 4 —i eke • 52.32 -12 52.32, Subd. 12, added 1/07 CHAPTER V — BUILDING, LAND USE & REGULATIONS ORDINANCE 58 TELECOMMUNICATION?1== 1i3i.= , tN H :'ti'v A ORDINANCE Section 58.01: PURPOSE. The purpose of this ordinance is to accommodate the communication needs of residents and businesses while protecting public health, safety and general welfare of the community. The City finds that these regulations are necessary in order to: Subd. 1: Facilitate the provision of wireless communication services to residents and businesses; Subd. 2: Minimize adverse visual effects of towers through careful design and site standards; Subd. 3: Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and Subd. 4: Maximize the use of existing and approved towers and buildings to accommodate new wireless communication antennas in order to reduce the number of towers needed to serve the community. Section 58.02: DEFINITIONS. The following words and terms shall have the following meanings unless the context clearly indicates otherwise: Subd. 1: Antenna. Any structure or device used for the purpose of collecting or transmitting electrical magnetic waves, including but not limited to directional antennas, such as panels, microwave dishes and satellite dishes, and omni- directional antennas, such as whip antennas. Subd. 2: Commercial Wireless Telecommunication Services. Licensed commercial wireless telecommunication services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. Subd. 3: Public Utility. Persons, corporations, or governments supplying gas, electric, transportation, water, sewer or land lying telephone service to the general public. For the purpose of this ordinance, commercial wireless communication service facilities shall not be considered public utility uses, and are defined separately. 58 -1 CHAPTER V — BUILDING, LAND USE & REGULATIONS Subd. 4: Tower. Any free - standing ground or roof - mounted pole, spire, structure or a combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masks, not wholly contained within a building or other structure, intended primarily for the purpose of mounting an antenna, meteorologic device, or similar apparatus above grade. Subd 5: Multi -User Towers. A tower to which is attached the antennas of more than one commercial wireless telecommunications service provider or governmental entity. Subd. 6: Single -User Towers. A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate antennas of multiple users as required by this ordinance. Subd. 7: Amateur Radio and Television Towers. A tower used exclusively for transmission and reception by an amateur radio operator, which is located on the same property as the radio or for residential television reception, and does not exceed 40 feet in height. Subd. 8: Exempted Dish. A satellite or microwave dish that is two meters or less in diameter and used for reception of signals exclusively for the occupants of the property on which it is located. Subd. 9: Accessory Utility Buildings. All utility buildings and structures accessory to a tower. Subd. 10: Building Mounted Antenna. A wireless communications antenna mounted on or attached to the roof or wall of an existing building. Subd. 11: Commercial Towers. A tower designed or used for commercial wireless telecommunications services, public radio transmission or commercial television transmission. Section 58.03: PERMITTED ZONING DISTRICTS. The construction and maintenance of a commercial tower or antenna shall be permitted within the following zoning classifications, pursuant to a conditional use permit granted in accordance with the Zoning Ordinance. Amateur radio, television towers and exempted dishes shall not require a conditional use permit. Subd. 1: Industrial Districts. All permitted towers and antennas. Subd. 2: Agricultural Districts. All permitted towers and antennas. Subd. 3: Public Districts. All permitted towers and antennas. Subd. 4: General Business. Building Mounted Antennas, Exempted Dishes and antennas not attached to a tower. 58 -2 CHAPTER V — BUILDING, LAND USE & REGULATIONS Section 58.04: GENERAL PERFORMANCE STANDARDS. All towers shall meet the following performance standards. Subd. 1: Multi -User Requirements. A proposal for a new commercial wireless communication tower shall not be approved unless the City finds that the telecommunications equipment plans for the proposed tower cannot be accommodated by an existing or approved tower or building within a one -half mile search radius of the proposed tower due to one or more of the following reasons: a) The planned equipment would exceed the structural capacity of the existing or approved tower, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be re- enforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. b) The planned equipment would cause interference materially impacting the useability of other existing or planned equipment at the tower as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost. C) Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. d) Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building. Any proposed commercial wireless telecommunication service tower shall be designed (structurally and electronically) in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users. The tower must be designed to allow for future re- arrangement of antennas upon the tower and to accept antennas mounted at various heights. Subd. 2: Tower and Antenna Design Requirements. Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. Commercial wireless telecommunication service towers shall be of a monopole design unless the City determines that an alternative design would better blend in the surrounding environment or allow for greater future multi -use. Subd. 3: Landscaping and Screening. The City shall establish, as a condition of approval of a commercial tower, reasonable requirements relating to landscaping and screening to improve the aesthetic appearance of the base of the tower and accessory buildings. Existing on- site vegetation should be preserved to the maximum extent possible. 58 -3 CHAPTER V — BUILDING, LAND USE & REGULATIONS Subd. 4: FencinP,. All commercial towers and accessory buildings shall be enclosed within an aesthetically acceptable fence with a locked gate to prevent unauthorized entry. The fence shall be at least eight feet, but not greater than ten feet, in height. Subd. 5: Construction Standards. All towers shall be constructed and maintained in accordance with the Electronic Industry Association Standards and all applicable building codes. Subd. 6: Minimum Spacing. Minimum spacing between commercial tower locations is one -fourth mile; except antennas wholly contained with a building or other structure and not visible to the general public shall be exempt from this spacing regulation. Section 58.05: TOWER SETBACKS. All towers shall confirm with the following minimum setback requirements. Subd. 1: All towers shall be set back from property lines a minimum of 125% of the height of the tower, including all antennas and attachments. The height of the tower shall be measured from the average grade of the property on which it is located or the actual tower height, whichever is greater. Subd. 2: Buildings accessory to a tower shall comply with the setback requirements of the zone in which the tower is located. Subd. 3: Commercial towers shall be set back a minimum of 1,000 feet from schools or structures used as dwellings and a minimum of 600 feet from property zoned for residential use. Subd. 4: A tower setback may be reduced or varied, at the sole discretion of the City, if the variance will facilitate the integration of the tower into an existing or proposed structure, such as a church steeple, light standards, power line support device or similar structure. Section 58.06: TOWER LIGHTING. A tower shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other state or federal authority for a particular tower. When incorporated into the design standards of the tower, light fixtures to illuminate ball fields, parking lots or similar areas may be attached to the tower. Section 58.07: SIGNS AND ADVERTISING. The use of any portion of a tower for signs other than a warning or equipment informational signs is prohibited. Section 58.08: ABANDONED OR UNUSED TELECOMMUNICATION TOWERS. Abandoned, unused telecommunications towers or portions of telecommunications towers shall be removed as follows: 58 -4 CHAPTER V — BUILDING, LAND USE & REGULATIONS Subd. 1: All abandoned, unused towers and associated facilities shall be removed within 12 months of the cession of operations at the site unless a time extension is approved by the City. In the event the tower is not removed within 12 months of cession of operations at the site, the tower and the associated facilities may be removed by the City and the cost of removal assessed against the property. Subd. 2: Any unused portions of towers above a manufactured connection shall be removed within six (6) months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit. Section 58.09: INTERFERENCE OF PUBLIC SAFETY COMMUNICATIONS. No new or existing telecommunication service shall interfere with public safety communications. All applications for a conditional use permit for new service shall be accompanied by an intermodulation study which provides the technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of a new service or change in existing service, telecommunication providers shall notify the City at least ten (l 0) calendar days in advance of such changes and allow the City to monitor interference levels during the testing process. Section 58.10: CONDITIONAL USE APPLICATION SUBMITTAL. In addition to the information generally required to accompany a request for a conditional use permit as found in the Zoning Ordinance, applications for towers shall include the following supplemental information: a) A report from a qualified and licensed engineer which: Describes the tower height and design, including a cross section and elevation. 2. Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distance between antennas; 3. Describes the towers capacity, including the number and type of antennas it can accommodate. 4. Describes how the applicant will take to avoid interference with established public safety communication. Includes the engineer's stamp and registration number. 6. Includes other information necessary to evaluate the request. b) Letter of intent committing the tower owner, and successors, to allow the shared use of the tower if any additional user agrees in writing to meet reasonable terms and conditions for shared use. 58 -5 CHAPTER V — BUILDING, LAND USE & REGULATIONS C) Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration. d) A report from a qualified and licensed professional engineer which demonstrates the tower compliance with all applicable structural and electrical standards. e) A site plan showing the boundaries of the property on which the tower is located, adjacent land uses, the location of the tower and any accessory buildings within the property, distance setbacks from property lines for the tower and accessory buildings, fence locations, and proposed landscaping or screening. Section 58.11: BUILDING MOUNTED ANTENNAS. The placement of a wireless t€;;el-,(3g--ai++++n4��4 *�- antennas on roofs of walls of existing buildings or structures shall be approved by the City as a conditional use provided that the antennas meet the requirements of this ordinance, after submittal of a final site and building plan, and a report prepared by qualified licensed professional engineer indicating the existing building structure suitability to accept the antenna as well as a proposed method for affixing the antenna to the structure. Complete details of all fixtures, couplings, and the precise point of attachment shall be indicated. Section 58.12: AMATEUR RADIO TOWERS. Amateur Radio and Television Towers and antennas are subject to the standards and conditions established by this ordinance, except for those specific to commercial towers. The City may waive strict compliance with this ordinance if it finds that the stated purpose of this ordinance is met. Section 58.13: PENALTIES. A violation of this ordinance shall constitute a misdemeanor. Each calendar day of a continued violation of the ordinance shall constitute an individual misdemeanor or offense. 58 -6 CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES ORDINANCE 84 GENERAL PARKING ORDINANCE Section 84.01: INTENT. The intent of this section of the zoning ordinance is to establish standards for parking in the City of St. Joseph in order to ensure that the community remains neat and attractive and that the value of real estate in the City be preserved. The regulations provided herein shall apply equally to all districts except where provided otherwise. Section 84.02: DEFINITIONS. As used in this ordinance the following terms shall mean: Subd. 1: Semi Trailer. Every vehicle without mode of power designed for carrying persons or property and for being drawn by vehicle and so constructed that some part of its weight and some part of its load rests upon or is carried by another vehicle. Subd. 2: Trailer. Every vehicle without mode of power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon another towing vehicle. Subd. 3: Truck. Every motor vehicle designed, used or maintained primarily for the transportation of persons and/or property, and which has a gross vehicle weight of 12,000 lbs. or more. Subd. 4: Truck Tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. Subd. 5: Street or Highway. The entire width between the boundary lines of any way or place when any part thereof is open to the use of the public as a matter of right or purpose of vehicular traffic. Subd. 6: Residents District. All that territory defined as either single family or residential or multiple residential district in the zoning ordinance for the City of St. Joseph. Subd. 7: Trailer Home and /or Mobile Home. Shall mean and include any structure used for sleeping, living, business or storage purposes, which is or has been equipped with wheels for the transportation thereof from place to place, and the fact that the wheels have been removed therefrom or a foundation of whatever nature, placed thereunder shall not exclude it therefrom, excepting a device used exclusively upon a railroad track operated by a railroad company. Subd. 8: Person. Shall include the singular and the plural, and shall mean and include any individual, corporation, partnership, or other association of persons. 84 -1 CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES Subd. 9: Residential Area. Shall mean any area not zoned "industrial" and any area not specifically designated as a "trailer park" or "mobile home park ". Subd. 10: Owner. A person owning a legal interest in a "trailer home" or "mobile home," or a tenant, bailee, user or custodian thereof, or any person entitled to possession thereof. Subd. 11: Trailer Park and/or Mobile Home Park. Shall mean a designated area specially designed and constructed as a mobile home or a mobile trailer facility, licensed by the State of Minnesota, and approved by the City of St. Joseph. Subd. 12. Parking Space. A land area of not less than 180 square feet, exclusive of driveways and aisles, of such shape and dimensions and so prepared as to be usable for the parking of a motor vehicle, and so located as to be readily accessible to a public street or alley. Surfaces of a "parking space" shall be constructed as set forth in Ordinance 84.08, Subd. 5(d). Subd. 13. Parking Pads. Improved areas on private property designed to accommodate parking of passenger vehicles, sport utility vehicles recreational vehicles utility /boat trailers and similar items. Section 84.03: GENERAL PARKING. Subd. 1: Angle parking shall be required on such streets as shall be designated by appropriate resolution of the City Council. On any such street, every vehicle parked shall park with the front of the vehicle facing the curb or edge of the traveled portion of the street at an angle of approximately 45 degrees and shall face the curb between the painted or other markings on the curb of the street indicating the parking space. All such streets shall be marked by appropriate signs indicating that angle parking is required. On all other streets, parallel parking shall be required according to state law heretofore adopted by reference. Subd 2: No vehicle shall in any case be parked upon the street, boulevard, or alley in any one place for a longer continuous period of-twenty f (24) h, ufs seventy two (72) hours. Vehicles must be moved at least one (1) block. Any vehicle which is moved less than one (1) block shall be deemed to have remained stationary in violation of this subdivision. It is unlawful to remove any mark made by a Police Officer for determining the length of time a vehicle, trailer or other object remained parked. Subd. 3: No vehicle shall in any case be parked upon a street, boulevard, or alley facing in the opposite direction of the traffic flow. All vehicles must be parked on the side of the street that traffic flows. Subd. 4. No vehicle shall park in an area that is not designated a street or alley. Specifically, no vehicle shall be parked on grass or other landscape material located off of a street or alley. 84 -2 CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES Subd. 5. Parkin,, outside of driveway location i� only allo%ved on areas paved v�Jth a continuous in)peryious surface or air ate ved »envious surface contained by delineated ed -,ins, and of sufficient depth and connhaction to reasonably prohibit the gro\vth of vegoation NN'ithin or throuuh said pervious surface on a continuous basis Said harking is subject to standard continaed in Section 52.10 of the St Joseph Code of Ordinances Section 84.04: SPECIAL REGULATIONS IN CONGESTED DISTRICT. Subd. 1: It is hereby established that the district known as a congested district within which the rules set forth in this section shall be enforced. The congested district shall include the following streets: All of Minnesota Street, all of Ash Street between Second Avenue West and Second Avenue East, all of College Avenue lying southerly of County Road 75, all of First Avenue East lying southerly of County Road 75, all of First Avenue West lying southerly of County Road 75, all of Second Avenue West, all of Third Avenue West, and all of the alleys in the Original Townsite of the City of St. Joseph. Subd. 2: The City Council by resolution may establish "no truck parking" zones in the congested district and shall mark by appropriate signs any zones so established. No person shall park a commercial vehicle of more than one ton capacity on any street in any "no parking zone ". Parking of such vehicles for a period of not more than 30 minutes may be permitted in such zone by the Chief of Police for the purpose of having access to abutting property when such access cannot be conveniently secured from an alley or from a side street where truck parking is not restricted. Subd. 3: The City Council by resolution may designate certain blocks within the city as 5 minute, 30 minute, 1 hour, 2 hour, 8 hour and permit only limited parking zones and shall mark by appropriate signs any zones so established. No person shall park any vehicle in any limited parking zone between the hours of 8:00 a.m. and 9:00 p.m. of any weekday for a period longer than specified on signs marking that zone, or without the appropriate permit for "permit only" zones. Subd. 4: Upon application and payment of any applicable permit fees, the City Clerk/Administrator may issue a permit to park in permit only limited parking zones. All information requested in an application form prepared by the Clerk/Administrator shall be provided. Failure to provide information shall be considered grounds for denial of the permit. No more than five permits shall be issued per parking space. Each permit shall be valid for a period of one year from the date of issuance and shall be nontransferable. The City Council may, by resolution, establish permit fees in accordance with Section 14.4. Section 84.05: SNOW SEASON PARKING. Subd. 1: There shall be no parking on any City street from November 15 to April 1, during the hours of 2:00 o'clock A.M. and 7:00 o'clock A.M. Subd. 2: Any vehicles parked in violation of Section 84.03.1, which interfere with the plowing or removal of snow, are subject to immediate towing at the owner's expense. 84 -3 CHAPTER VIII & IX - TRAFFIC & MOTOR VEHICLES Section 84.06: OBSTRUCTION OF PRIVATE DRIVE. Subd. 1: No vehicle shall be parked in a manner obstructing a private driveway or private roadway, or on a private driveway or private roadway, without the express or clearly implied consent of the owner of the private driveway or private roadway. Subd. 2: For purposes of this Ordinance, a vehicle is "obstructing" a driveway or roadway if the location of the parked vehicle: a) Blocks the driveway or roadway from use by other vehicles. b) Significantly hinders or slows other vehicles attempting to pass the parked vehicle. C) Forces other vehicles to leave the main traveled portion of the driveway or roadway to pass the parked vehicle. Subd. 3: Vehicles parked in violation of this section are subject to immediate towing at the owner's expense. Section 84.07: PARKING OF SEMI TRAILERS, TRAILERS, TRUCKS AND TRUCK TRACTORS. Subd. 1: Declaration of Nuisance. The parking of commercial vehicles and /or equipment, 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 R4 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. 84 -4 CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES 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. -Sie-0+e-B-94 4:_007 qj?,E � ! ' -z4G. g standai-ds f,63' H' iii oi-dei- to eiistii-e that the --ins flea! and atti-aetive- Ball apply J 84 -5 CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES the, saiiie as 433- siiiiflai- , 1 zoniiig buildings. eii no44iiii 3ji�s i o li shall be � -Subdivision 4 l..olr said buildings o within-73 feet f'the 1 there is existing buildings. Ne off site padEing shall be allevved fei- btisi r9mpmlm. WE 11111 IF 84 -6 Norm. Tr 84 -6 CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES ees i- 44i e Ge13 �is4i4o, 44-tt 1 �� T�'ziio hl ,rh ,, r• l�,�p, Las! 4 S d Avow e r ; rm� irl,;„ +- i�s ——a Block 10. Leis 7 thi-ough 12 of Bled,, 9., aiid Lots ; thi-eugh 12 of'Bloeh 4. all in the Oi-igifial Townsite •_� i i� Tim �._ rmwmk MW _ A 0. 84 -7 CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES r'r C Stag, ,, least 6i �ci�'�cZ. �t'n2��n- ��"S't C of this ol-diflafiee. f _ pq fff v' �1�. _ �y :i�.i �•��m �y ice. •yG� : ��.�:.. may.:.:,. � _ • - f f . pmr2rvm WON 84 -8 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES the ifi„ ltr se. in ee i zl e t j A ` jleti:n 4- aii-3j tlr'al ai- ea ar-e limited e Class 2 gushed t- runic N lk-h PAalfAtial^ an the M i-equi ♦ N,IDOT fi i fi 3 8 t t `t �' •• Tm •. 84 -9 IN= yr.mm • Wom MINOR! MrslemmW9--m- •. 84 -9 IN= yr.mm • Wom CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES I (44 s� g tl,a„ f<- I4) feet �, than ght (4) feel in h h� 7r ' t, , Min - - fi., .,h ,tr; , - .,f4; 41„ ,t t 84-10 z4l±ti g. All lightin shal!:be shade ] fi., .,h ,tr; , - .,f4; 41„ ,t t 84-10 CHAPTER VIII & 1X — TRAFFIC & MOTOR VEHICLES j ; jg eej,nee;it77i- �rt-jtiq 1 1 a l- ei-eeted . PFE' ii�i#II g videEl -fi i ����3�siS H# {` l�.�m;; ;;T o+ ro'c[c`li'rir��Yi7'i'D 5.1000 to 16,000, 16,000 to 40.000 40,000 te7 0,000 70,00-0 to 100,000 4 - eaeh additional -4ln nnn 1 a` lade " Section 84.09: PARKING, LOCATION AND USE OF TRAILER HOUSES AND MOBILE HOMES. Subd. 1: Prohibitions. It shall be unlawful for any person to park, or to permit the parking of any trailer house or mobile home owned by him or under his control on any street, alley, or other public place or in any residential area, as above defined, within the City, except that the parking of only one unoccupied trailer house in an accessory private garage building or in the rear yard of any privately owned yard is hereby permitted provided no living quarters be maintained, or any business practiced at said trailer while such trailer is so parked or stored. Subd. 2: Licensing Required. The owners of all trailer houses or mobile homes shall be required to pay the current Minnesota State License fee or tax each year. Section 84.10: PUBLIC PARK PARKING. Subd. 1: Motor Vehicle Use. All vehicles, whether motorized or non - motorized, shall be restricted to their designated parking areas. In those parks where roadways extend into and through the parks, no vehicles shall drive at a speed in excess of five miles per hour. All persons must operate their vehicles in a safe and reasonable manner. No vehicles are to extend beyond the roadway or parking areas. For purposes of this section, three wheel and four wheel all terrain vehicles are to be considered motor vehicles. Section 84.11: IMPOUNDMENT. Any vehicle left parked or standing in violation of this Ordinance or the laws of the State of Minnesota may be towed away pursuant to the provisions of Minn. Stat. 169.041, as amended. Any motor vehicle towed away and impounded under this Ordinance or State law may be claimed or recovered after payment to the towing authority of all towing and storage charges. The City, its agents and employees, shall not be responsible for any damage done during towing and impoundment under this Ordinance or State law. 84 -11 CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES Subd. 1: Notice of Impoundment. Within forty eight (48) hours after a vehicle has been impounded, the Chief of Police shall send written notice to the owner of the impounded vehicle at his or her last known address as shown by the records of the Department of Public Safety. If the owner is unknown to the Chief of Police or an address cannot be found, the Chief of Police shall publish at least once in the City's official newspaper notice of the impounding, the license number of vehicle, the motor vehicle number of the impounded vehicle, and the name and type of vehicle impounded. Subd. 2: Sale of Vehicle. If after the expiration of sixty (60) days after mailing or publishing the notice set out in Subd. l the vehicle is not redeemed by the owner or the owner's agent, the City shall proceed to sell the impounded vehicle at public auction after first giving at least twenty (20) days notice of such sale by publication in the City's official newspaper of the time and place of the sale. The notice shall describe the vehicle to be sold, with reasonable certainty, by manufacturer's trade name or make, motor vehicle number, license number, and any other specifically identifying information, and the notice shall state to whom, if anyone, the records of the Department of Public Safety show the car belongs, and if the name of the owner is unknown, that fact shall be stated in the notice. If the name of the owner is known, the City shall send that person a copy of the published notice immediately after publication of the notice. The City shall credit any money it receives after the sale to the City's general fund. At any time within one (1) year after the sale, if the former owner of the vehicle which has been sold appears, upon application to the City Council and presentation of satisfactory proof that the person was the owner of the vehicle sold, that person shall be paid the proceeds of such sale, less the necessary expenses thereof, and less the towing, impounding storage charges and administrative fees as set forth in Subdivision 4. Subd. 3: Release of Towed Vehicle. Once all fines and impound fees are paid in full, the City Police Department may release the vehicle to the respective party and the towing company impound lot shall then notify the City Police Department of the date and to whom the vehicle was released. Subd. 4: Towing and Impound Fees. A towing charge in connection with the impounding of any vehicle shall not exceed the amount agreed upon in any current contract between the City of St. Joseph and the duly designated garage owner, a true and correct copy of which shall be on file in the office of the City Clerk/Administrator for public inspection and reference, and the scheduled charges of the current contract is hereby made a part of this chapter as fully and to the same effect as if set forth herein verbatim. In addition to the towing charges, an administrative fee, in an amount set by Resolution of the City Council, shall also be charged to the owner of any vehicle found to be in violation of this ordinance. The administrative fee shall be paid at the impound lot at the same time the towing fees are paid. Section 84.12: OWNER'S RESPONSIBILITY. Where any motor vehicle is found parked contrary to any provisions of these ordinances, that act is hereby declared to be the act of the registered owner as well as the act of the person actually parking the vehicle. 84 -12 CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES Section 84.13: REGISTERED OWNER. For purposes of this ordinance, the registered owner is defined to include motor vehicle rental or leasing agencies and corporate owners. It shall be a defense to any violation if the registered owner shows that on the date of the offense title to the vehicle has been transferred to another. Section 84.14: SEPARABILITY. Every section, provision or part of this Ordinance is declared separable from every other section, provision or part, and if any section, provision or part thereof shall be declared invalid, this shall not affect any other section, provision or part. Section 84.15: PENALTY. Any person who violates or fails to comply with the provisions of this Ordinance shall be guilty of a misdemeanor. Ordinance 84 amended 12/06 84 -13 THIS PAGE INTENTIONALLY LEFT BLANK Parking Ordinance: Weyrens stated that staff was asked to look at the parking ordinance relating to the 24 hour parking, parking on lawns and seasonal parking. 24 hour parking - Weyrens reported that during staff discussion, the staff was indifferent as to the consecutive hours that a vehicle could be parked, whether it be 24 or 72 hours. In checking with the area Cities, three allow continuous parking for 72 hours and one is 24 hours. Jansky stated the Council must decide how many hours they want to allow residents to park on the streets. Thene stated that he is in agreement with Jansky. It does not matter to either of them which way the Council goes. Rassier suggested changing the 24 hour parking to 72 hours. Wick stated he could go either way. The way in which the current ordinance is written, it states that when the vehicle is moved, it must be moved a full block. Wick questioned whether or not residents are expected to move a full block each time their vehicle is moved. Weyrens stated that that provision was intended for those vehicles that do move for a continuous 24 hours. She advised the Council that there were no real complaints regarding the 24 hour parking until last fall. In his opinion, the Police use some common sense and discretion when enforcing the ordinances. Frank then questioned whether the City should differentiate between passenger vehicles (cars /pickups) and larger vehicles. Jansky advised Frank that there are different ordinances for larger vehicles such as trucks, semi trailers, etc. Wick questioned whether or not a public hearing would be required for such an amendment. Weyrens stated that this is not a zoning ordinance; thus a public hearing is not required. The City is required to publish the change once it is approved. The Council came to consensus to make the following change to Ordinance 84.03 Subd. 2: "No vehicle shall in any case be parked upon the street, boulevard, or ally in any one place for a longer continuous period of tweety- feuF (24) seventy -two (72) hours." Parking on lawns - Weyrens stated the staff also discussed parking on front lawns and if the Ordinance should allow parking or the construction of parking pads in the front yard. There is a reasonable expectation when moving into a neighborhood that front lawns are maintained. In an effort to reach a compromise, staff discussed amending the Ordinance to regulate a percentage of front lawn that must be landscaped and to establish parking pad standards. The standards are important so that the pads are constructed so that weeds do not grow amongst the parking pad material. Frank stated that those who live in an R1 neighborhood expect a certain quality of life. Parking on the front lawn can have a negative impact on the neighborhood. He stated that he would like to see standards as to what constitutes a hard surface. Rassier suggested that this be sent to the Planning Commission to see what percentage of a yard can be used for parking and what constitutes parking. Symanietz commented that some residents have gravel driveways. Rassier restated that it would be best to have the Planning Commission discuss this and focus on the front yards. Loso stated that many residents have been parking in their back yards for years. The issue of not parking on the grass was due to the number of rental units. The parking issue has now gotten out of hand due to enforcement and non - enforcement. The biggest issue is that of parking on the front lawns and Rassier stated that all property owners should be treated the same whether it is a rental unit or a private residence. Seasonal Parking - Staff is recommending that the seasonal parking remain as be kept as is. According to Loso, this is a conflict of the convenience of the City vs. the convenience of the public. He stated that a majority of the snowplowing is done during the day and, in his opinion, this is a big inconvenience to the residents. The City needs to make the rules a little more convenient for the residents. Loso added that the current restrictions were put into place when snow fall was abundant. Due to the new equipment and technology, this is no longer an emergency. He feels that this should be changed; however, this is not the time to change it since the winter parking restrictions have already went into effect. Frank added that, in his opinion, this is a rather clean ordinance. Symanietz stated that staff needs that time to clear the streets. Wick and Symanietz agreed that the Ordinance should be left as is. Wick advised residents that if there is a need to leave a car parked on the street overnight, they should contact the police department. If there is no snow, there shouldn't be any issues. R• 6 1�2 (USE 2 -5/8" R. FOR 4' CURB) ROADWAY ..:. SAME SLOP_ '. 006'( '.''•�:,',�. .; /, �f. .f'. R REVERSE SLOPE GUTTER SECTION .., (FORMS MAY BE TILTED ) HORIZONTAL LINE DESIGN B 1 -1/2" R. ( USE P' R. W = 12„ FOR 4" CURB) 1�2� W = 24„ W = 30" W = 36" W2 CONCRETE EZ o CONCRETE Wz o CONCRETE o CONCRETE -`1 WZ o 10.0906 CONCRETE YW jaz J O.'y �d� J c� yW.�" ai a yW jaz v Wy= MaU ti ; :. :. ;• .:; .. NOTESs :., ', • •, ; / -. 6 Ol LONGITUDINAL JOINT WHEN ADJACENT TO '.• P RIGID PAVEMENT OR BASE. j SEE STANDARD PLANS MANUAL FOR JOINT 4 INFORMATION. HORIZONTAL LINE /RR 02 SLOPE 0.06 FT/FT NORMAL. UNLESS 7 OTHERWISE SPECIFIED. IF A DIFFERENT B418 GUTTER SLOPE IS PERMITTED. THE FORM 18.9 MAY BE TILTED. DESIGN V 15.7 DESIGN B W = 12„ W = 18" W = 24„ W = 30" W = 36" W2 CONCRETE EZ o CONCRETE Wz o CONCRETE o CONCRETE -`1 WZ o 10.0906 CONCRETE YW jaz J O.'y �d� J c� yW.�" ai a yW jaz v Wy= MaU OWI~r d z U J T o v �aH v DIMENSIONS A B 4 7 -3/8" 11 -1/2" 8412 0.0421 23.8 B418 0.0529 18.9 B424 0.0637 15.7 B430 0.0745 13.4 8436 0.0853 11.7 6 8" 13 -1/2" 8612 0.0474 21.1 8618 0.0582 17.2 8624 0.0690 14.5 8630 0.0798 12.5 8636 0.0858 11.0 8 8 -5/8" 15 -1/2" 8812 0.0529 18.9 8818 0.0637 15.7 8824 0.0745 13.4 8830 0.0853 11.7 B836 0.0962 10.4 9 9" 16 -5/8" 8912 0.0559 17.9 B918 0.0667 15.0 8924 0.0775 12.9 B930 0.0883 11.3 8936 151036 0.0991 10.1 10 9 -3/8" 17 -5/8" 1 81012 10.0589 17.0 181018 10.06971 14.4 AB102410.08051 V10241 0.0703 12.4 1 B103010.0913 0.0811 11.0 V1036 0.1021 1 9.8 DESIGN V W = 12" W = 18" W = 24" W = 30" W = 36" yZ o CONCRETE wZ o CONCRETE yZ o CONCRETE yZ O CONCRETE Z wZ o CONCRETE OWE a z =s I J L~ >- M a J V oW� a M U J �W5 z a J U aW�~.. a i U J l~i WO i s J U OWI~r d z U J t~a.W} z a J U >-W� a z V J 4W� z a J U DIMENSIONS 4 6" 11 -3/8" V412 0.0396 25.3 V418 0.0504 19.9 V424 0.0612 16.4 V430 0.0720 13.9 V436 0.0828 12.1 6 6" 13 -3/8" V612 0.0426 23.5 V618 0.0534 18.7 V624 0.0642 15.6 V630 0.0750 13.4 V636 0.0858 11.7 8 6" 15 -3/8" V812 0.0457 21.9 V818 0.0565 17.7 V824 0.0673 14.9 V830 0.0781 12.8 V836 0.0889 11.3 9 6" 16 -3/8" V912 0.0472 21.2 V918 0.0580 17.2 V924 0.0688 14.5 V930 0.0796 12.6 V936 0.0904 11.1 10 6" 17 -3/8" V1012 0.0487 20.5 V1018 0.0595 16.8 V10241 0.0703 1 14.2 V1030 0.0811 12.4 V1036 0.0919 10.9 APPROVED MARCH 11, 1994 STATE OF MINNESOTA SPECIFICATION STANDARD - - - - - - - TMENT OF TRANSPORTAT REFERENCE PLATE 2531 NO. �/� CONCRETE C RB AND GUTTER 2 -28 -05 ACTING STATE DESIGN ENGINEER IG B AND DESWN REVISION DATE 7100H f I `• I 3 DESIGN B I -I/2" R. ( USE I" R. FOR 4" CURB 1 2,• �I DESIGN V o+ V, DESIGN S CONCRETE CONCRETE CONCRETE DESIGN CURB WIDTH CURB HEIGHT CU. YDS. LD4. FT. NO' A H PER PER DESIGN S NOTE: ALL CURB SLOPE MEASUREMENTS ARE IN RELATION TO ADJACENT PAVEMENT SLOPE. APPROVED Aug . 11_1983 STATE OF MINNESOTA SPECIFICATION STANDARD DEP RT T T ION REFERENCE PLATE NO. C NCR TE CURB 2531 T020J Atli vTnjkeg pn Di»eta r DESIGN S. DESI ND DESIGN SR ervices I I OF 2 CONCRETE CONCRETE CONCRETE DESIGN CURB WIDTH CURB HEIGHT CU. YDS. LD4. FT. NO' A H PER PER PPER 40.5 V6 LIN. FT. CU. YD. 84 T -3/8" 4" 0.0294 34.0 B6 181, 6" 1 0.0352 28.4 BS 8 -5/8" 8" 0.0414 24.2 69 191, 9" 1 0.0449 1 22.3 810 9 -3/8" 10" 1 0.0485 1 20.6 NOTE: ALL CURB SLOPE MEASUREMENTS ARE IN RELATION TO ADJACENT PAVEMENT SLOPE. APPROVED Aug . 11_1983 STATE OF MINNESOTA SPECIFICATION STANDARD DEP RT T T ION REFERENCE PLATE NO. C NCR TE CURB 2531 T020J Atli vTnjkeg pn Di»eta r DESIGN S. DESI ND DESIGN SR ervices I I OF 2 CONCRETE CONCRETE DESIGN CURB HEIGHT LIN. FT. NO. H PER 0.0364 27.5 CU. YD. V4 4" PPER 40.5 V6 6" 36.1 V8 8" 32.5 V9 9" 31.0 VIO I 10" 1 0.0338 1 29.6 NOTE: ALL CURB SLOPE MEASUREMENTS ARE IN RELATION TO ADJACENT PAVEMENT SLOPE. APPROVED Aug . 11_1983 STATE OF MINNESOTA SPECIFICATION STANDARD DEP RT T T ION REFERENCE PLATE NO. C NCR TE CURB 2531 T020J Atli vTnjkeg pn Di»eta r DESIGN S. DESI ND DESIGN SR ervices I I OF 2 CONCRETE DESIGN CU, YDS, LIN. FT. NO. PER PER LIN. FT. CU. YD. 1 1 S5 0.0364 27.5 NOTE: ALL CURB SLOPE MEASUREMENTS ARE IN RELATION TO ADJACENT PAVEMENT SLOPE. APPROVED Aug . 11_1983 STATE OF MINNESOTA SPECIFICATION STANDARD DEP RT T T ION REFERENCE PLATE NO. C NCR TE CURB 2531 T020J Atli vTnjkeg pn Di»eta r DESIGN S. DESI ND DESIGN SR ervices I I OF 2 ORDINANCE 52 — ZONING ORDINANCE Section 52.35: EE - EDUCATIONAL - ECCLESIASTICAL DISTRICT Subd. 1: Intent. It is the intent of this district to provide for an area occupied by public and private educational and ecclesiastical institutions. The institutions of the Sisters of the Order of Saint Benedict and the College of Saint Benedict predate the adoption of this Ordinance. The City recognizes the historic significance and cultural, religious and educational function of these institutions. However, this section is meant to prohibit the use of land by these and other educational facilities which would be incompatible with or detrimental to the essential character of land adjoining the Educational - Ecclesiastical District. Subd. 2: Permitted Uses. a) Convents b) Novitiates C) Colleges and Universities d) College Preparatory Schools e) Churches and Similar Uses f) College Owned Student Housing g) Grade Schools h) High Schools i) Vocational Schools Subd. 3: Uses Under Special Use Permit. The following uses shall require a special use permit based on the procedure set forth in this Ordinance: a) Streets and alleys which provide a means of ingress and egress to or from the institution. Subd. 4: Permitted AccessoryUses. Accessory uses reasonably incidental to the function and purpose of permitted uses including, but not limited to: a) An independent power plant facility. b) Storage buildings for storage of equipment used in the maintenance of the property, not to exceed 30% of the gross square footage of the principal structure. 52.35 -1 ORDINANCE 52 — ZONING ORDINANCE C) Swimming pools, tennis courts and other recreational facilities. All swimming pools must be fenced around the perimeter. The fence must meet the requirements of Section 52.12 Subd. 2 of this Ordinance. Subd. 5: Building Permit Required. Construction of facilities must be by a building permit issued by the building inspector to insure building code compliance, and all building permit applications must be reviewed and approved by the Fire Chief or Fire Marshall and the Planning Commission. A building permit must be issued by the building inspector and building plans approved by the Fire Chief or Fire Marshall and the Planning Commission for remodeling of existing facilities for a same or similar use. Subd. 6: Height Requirements. No building constructed in the Educational Ecclesiastical District shall be more than 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. Steeples and similar unoccupied design features shall conform to the standards set forth in Section 52.12 5 (a). Subd. 7: Setback Requirements. a) The front yard of any building shall be 35 feet from the lot line. b) The side yard of any building shall be 20 feet from the lot line, unless the side yard abuts a street or highway in which case the setback shall not be less than 30 feet. C) The rear yard of any building shall be 20 feet from the lot line. Subd. 8: Site Coverage. No structure or combination of structures shall occupy more than 50 percent of the lot area. Subd. 9: Other Requirements: a) 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. b) Lighting: All lighting not under the authority of a governmental unit shall be hooded and no light may directly strike any public right of way. C) Landscaping: In addition to requirements relating to parking lots, the Development Plan shall show a unified landscaping scheme for the development. d) Parking: i. 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. 52.35 -2 ORDINANCE 52 - ZONING ORDINANCE ii. The amount of required off - street oarkin(-, space for new uses or buildinus additions thereto and additions to existing buildinns shall be determined in accordance with the parking standards set forth in section 52.10 of the St. Joseph Code of Ordinances. The parking requirements can be adjusted if a parkin-, study is completed illustrating, the anticipated demand for parking and loadings space, the length of visits generated by the particular business, and the availability of other parking spaces are provided. Subd. 10: Development Plan Requirements. No building permit shall be issued until the City Council approves the Development Plan after consulting with the Planning Commission to determine that the use and development is compatible with and complementary to adjacent land uses, and consistent with the stated intent of this zone. The developer shall provide the following items to the Planning Commission and City Council for any development located in the Educational - Ecclesiastical District: 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 Elimination System (NPDES) permitting program and/or the City of St. Joseph Storm Water Pollution Prevention Program (SWPPP). 52.35 -3 ORDINANCE 52 — ZONING ORDINANCE 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. 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. 52.35 -4