HomeMy WebLinkAbout[07c] Ordinance 52:12 General Performance Standards 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. la 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 -1 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.
f) 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:
1. 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
3. 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 no fence located in the front yard, except those
provided to enhance the visual appearance of the site /landscaping
provided they do not exceed two feet in height are are of a reasonable
linear length.
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 use; except 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_ 1. 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.
4,2. 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.
34. 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
52.12 -3
ORDINANCE 52 — ZONING ORDINANCE
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
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.
52.12 -4
ORDINANCE 52 — ZONING ORDINANCE
h) Maintenance of Fence.
1. 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) Landscape/Vegetation CoveringRequired. 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) Landscaping/Planting 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.
52.12 -5
ORDINANCE 52 — ZONING ORDINANCE
a) No building shall be erected, converted, enlarged, reconstructed or structurally
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:
1. 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.
52.12 -6
ORDINANCE 52 — ZONING ORDINANCE
i) Residential lots shall have no more than a single curb cut providing access to the
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.
1) Residential dwellings in the R -1, R -2 and R -3 Districts, except those within
approved manufactured home subdivisions:
1. 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.
3. 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
52.12 -7
ORDINANCE 52 — ZONING ORDINANCE
side yard in the residence district.
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 1 (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:
1. 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.
52.12 -8
ORDINANCE 52 — ZONING ORDINANCE
2. A design report and drawings created by a licensed septic system designer
including calculations and summaries for all system component sizing.
3. 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.
1. 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.
52.12 -9
ORDINANCE 52 — ZONING ORDINANCE
Subd. 9: Dwelling Unit Restrictions.
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 comer lot they are not closer than twenty feet
from the property line abutting a side street.
v. Storage and/or parking of commercial vehicles and/or
equipment, or any combination thereof, exceeding 22 feet
52.12 -10
ORDINANCE 52 — ZONING ORDINANCE
- - : - - - - - - is prohibited. This section
will not apply to light trucks classified as '/2 ton and 1/4 ton
pickups, panels and sedans.
vi. Providing standards of the City's Junk Car Ordinance are
m
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:
1. The area occupied is not within a required front or required side yard.
2. The storage area is totally fenced, fully screened, and landscaped
according to a plan approved by the City Administrator /Clerk.
3. If abutting a Residential District, or a residential use, screening and
landscaping is provided according to a plan approved by the City
Administrator /Clerk.
4. The storage area is covered to control dust and storm water drainage with
bituminous surfacing, concrete or a comparable substitute approved by the
City.
5. All lighting shall be directed away from the public right -of -way and from
neighboring residences.
c) Refuse. All lots within all zoning districts shall be maintained in a neat and
orderly manner. No rubbish, salvage materials, junk, or miscellaneous refuse
shall be openly stored or kept in the open, when the same is construed by the City
Council to be a menace or nuisance to the public health, safety, or general welfare
of the City, or to have a depressing influence upon property values in the area.
52.12 -11
ORDINANCE 52 — ZONING ORDINANCE
d) Waste Materials. Waste materials are to be picked up and disposed of in
accordance with any and all city standards applicable to refuse /waste materials.
Excluded waste materials must be disposed of in a safe and appropriate manner in
accordance with local, state, and federal law. Release of excluded waste materials
to public or independent sewage treatment systems, the environment, or the solid
waste stream is strictly prohibited. The Disposal Service shall, upon collection,
immediately assume title to and liability for solid waste materials, recyclables,
and demolition debris.
52.12 -12