HomeMy WebLinkAbout[07f] Ordinance 52:31 Central Business ORDINANCE 52 — ZONING ORDINANCE
Section 52.31: B -1 CENTRAL BUSINESS DISTRICT
Subd. 1: Intent. The Central Business District has been established to encourage the
continuation of a viable downtown by promoting uses dependent of high volumes of pedestrian
traffic; to provide for regulation of the high intensity commercial uses located within the original
core of the City; and, to encourage parks /greenspace in the downtown. The Central Business
District provides space for concentrated general business and commercial activities at locations
where they are easily accessible to residential areas and, at the same time, minimizing negative
impacts to residential neighborhoods.
Subd. 2: Permitted Uses. The following uses shall be permitted within the Central
Business District:
a) Antique stores.
b) Appliance stores.
c) Apparel shops.
d) Artisan shops.
e) Bakery goods, sales and baking of goods on premises.
f) Barber and beauty salons.
g) Bicycle sales and repairs.
h) Book stores.
i) Boutiques.
j) Business /professional offices.
k) Coffee shops.
1) Farmers market for the sale of produce only. Notification and the submittal of a
plan to the Planning Commission is required.
m) Financial institutions, including insurance companies.
n) Florist.
o) Fruit, vegetable and meat stores.
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p) Government buildings.
q) Grocery and drug stores, not more than 10,000 square feet in size.
r) Hardware stores, not more than 10,000 square feet in size.
s) Hobby shops and gift stores.
t) Interior design services, including floor and wall covering stores.
u) Jewelry sales and service.
v) Laundry and dry- cleaning services.
w) Library.
x) Medical, optical and dental clinics.
y) Parks and Open Spaces.
z) Pet shops, excluding kennel services.
aa) Photograph sales and repair.
bb) Record and video stores.
cc) Restaurants, coffee shops, excluding drive -in service.
dd) Sporting goods stores.
ee) Postal facilities
Other use determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Subd. 3: Special Uses. The following uses shall require a Special Use Permit based on
the procedures set forth in Section 52.07.03 of this Ordinance.
a) Convenience stores, excluding fueling facilities.
b) State licensed day care and nursery school facilities provided that:
1. Adequate off - street parking and loading is provided, and;
2. The facility meets all State licensing requirements pursuant to Minnesota
Statutes 245A.02 and 45A.11.
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c) Motor vehicle service stations.
d) Bars and liquor stores.
e) Auto, service and repair shops.
f) Mixed use of a Permitted Use and a multiple residential dwelling units; but only if
at least 50% of the interior square footage (exclusive of the basement or cellar) is
used full time for a Permitted Use, and said permitted and residential uses are not
conflicting. The area consisting of multiple residential dwelling units must meet
the standards of Section 52.29, Subd. 5 and 6; and said residential uses occupy
only the upper and/or rear portions of structures. Off- street parking requirements
shall be separately determined for the commercial and residential uses in
accordance with Section 52.10.
g) Lodge.
h) Commercial Planned Unit Developments.
i) Other uses determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Subd. 4: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the Central Business District.
a) Commercial or business building for a use accessory to the principal use, not to
exceed 50 percent of the size of principal building.
b) Business identification signs as regulated in Section 52.11.
c) Temporary buildings for construction purposes for a period not to exceed
construction.
d) Off- street loading and parking areas.
e) Signs that meet the criteria of Subdivision 9 of this section.
Subd. 5: Setback Requirements.
a) Front yard setbacks shall be ten (10) feet from the lot line. If the building front is
located on Minnesota Street from College Avenue to Second Street Northwest, no
front yard setback is required.
b) Side yard setback shall be five (5) feet from the lot line. No structure shall be
placed closer than twenty (20) feet from the boundary of any residential district. If
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the building front is located on Minnesota Street from College Avenue to Second
Street Northwest, no side yard setback is required.
c) Rear yard setback shall be five (5) feet from the lot line, except:
1. Where a lot abuts an alley, the rear yard setback shall be ten (10) feet;
2. Where a lot abuts a residential district, the rear yard setback shall be
twenty (20) feet.
Subd. 6: Height Requirements. 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 35
feet. Elevation for the building shall be determined by the average grade of the land.
Subd. 7: Other Requirements.
a) Before the issuance of a building permit, all buildings constructed in the Central
Business District must have a landscape plan approved by the Planning
Commission.
b) Before the issuance of a building permit all buildings constructed, or undergoing
exterior renovation or remodeling in the Central Business District must have the
exterior finish design and materials approved by the Planning Commission.
c) Where a use exists pursuant to a special use permit in conjunction with a
permitted use, the required parking shall be computed for the permitted use and
special use separately with adequate parking required to satisfy both uses.
d) No outdoor storage shall be allowed.
e) Single tenant retail buildings shall not exceed 10,000 square feet.
f) A Lock Box shall be installed on all buildings before a certificate of occupancy
will be issued.
Subd. 8: Site Coverage. No structure or combination of structures shall occupy more
than 90 percent of the lot area.
Subd. 9: Signs. In the Central Business district, the general provisions apply to all signs:
a) Business signs may be erected and maintained in conjunction with a commercial
use provided:
1. Signs shall have a surface area not exceeding fifty (50) square feet per
sign face with an aggregate total not to exceed 100 square feet if double
faced.
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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 to 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.
52.30, Subd. 9.a. amended 4/2005
(*section subsequently renumbered)
b) Advertising signs or pylon signs shall not be permitted
c) Wall signs shall not project above the roof.
1. That the sign does not exceed one square foot per lineal lot front foot or
fifteen percent (15 %) of the building frontage area, or fifty square feet
which ever is the lesser.
d) Maximum height of a sign is 15 feet above ground
e) Sign Removal. All signs not maintained and kept in good repair or in non
compliance of the St. Joseph Code of Ordinances shall be subject to removal upon
direction of the City Building Inspector.
Subd. 10: Development Plan Requirements. No building permit shall be issued until the
requirements of this Subdivision shall net apply to additions to existing buildings which will
• . - - - : : • - _ • •• . • - Planning Commission for any development located in the
Central Business District: All developmentplans must be submitted to the Zoning Administrator
for review and circulation to the City Engineer and Public Works Director, and if it is determined
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ORDINANCE 52 — ZONING ORDINANCE
that the use and development is 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 plan will be
submitted to the Planning Commission for approval. In determinin_g conformity to the
Ordinance, the following information must be presented to the Zoning Administrator.
52.30, Subd. 10 amended 4/2005 ( *section subsequently renumbered)
a) Building location on the lot, drawn to scale.
b) Building elevations; front, rear and side.
c) Building exterior materials and color.
d) Locations of ingress and egress points.
e) Dumpster and solid waste pick -up areas and proposed screening material.
f) Sign location and dimensions.
g) Lighting standard and hood detail.
h) Parking and loading areas identified.
i) Drainage by the use of arrows and/or contours.
j) Screening of heating, ventilation and air - conditioning equipment.
k) Landscaping material including the location, type of plant and size.
1) Fire hydrant and fire lane locations.
m) Utility locations.
n) Any other fencing, screening, or building accessories to be located in the
development area.
o) When required, evidence of completion of National Pollutant Discharge
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.
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1. Payment Required. Any person filing a petition requesting development
plan review shall pay a fee according to the schedule established by the
City Council.
2. Amount. Fees payable under this section for development plan review
shall be in an amount as established by resolution of the City Council.
Preparation and review of all elements of the required development plan,
as listed and described above, is to be at the sole expense of the developer
and at no expense to the public. The fee is payable at the time of filing a
petition and is not refundable. In addition to the above fees and in the
event the City incurs professional fees, either legal, engineering or
professional planners, or any other cost, including but not limited to,
postage and publication expenses, the applicants shall reimburse the City
for those fees, and the City officials may require an escrow deposit,
cashier's check or letter of credit for these fees prior to the final action on
the application for development plan review. Such escrow or letter of
credit shall be in the form approved by the City Attorney.
3. Development Agreement. In the event additional review by the City or its
assigns is anticipated and/or needed during implementation of
Development Plan, or other similar circumstance, the City shall require the
property owner(s) and/or developer(s) enter into a development agreement
with the City. The development agreement shall stipulate the conditions
for approval and the City's authority to inspect the development. The
agreement shall further require the owner or developer, as the case may
require, furnish a cashier's check, escrow account or irrevocable letter of
credit in favor of the City in an amount equal to 110% of all costs
associated with City's review of the development, including but not
limited to, engineering, legal, fiscal and administrative, as estimated by the
City. Such escrow or letter of credit shall be in the form approved by the
City Attorney, shall be conditioned upon the approval of the development
plan.
Subd. 11: Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
Subd. 12. 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
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of a vehicle or trailer.
c) The following activities shall be subject to a 100 foot setback from wetlands:
1. The construction or maintenance of a well used for agricultural irrigation,
or any well less than 50 feet in depth.
2. External storage of materials used in conjunction with industrial or
commercial processing or manufacturing.
3. The storage of waste or refuse generated by industrial or commercial
activities.
4. The construction or maintenance of a septic system.
Subd. 13: Interim Use Permit for Rental Units.
a) Residential units in areas that have been rezoned to commercial from residential
shall be allowed an interim use permit as a rental unit for a specific period of
time. The maximum density for rental units under the interim use permit shall be
limited to the density which is allowed in the R -1, Single Family Residential
District.
b) The interim use as a rental unit shall be obtained through the procedures set forth
in St. Joseph Ordinance 52.07, Subd. 4 — Interim Use Permit.
c) In requesting such an interim rental use, the landowner agrees to any conditions
that the governing body deems appropriate for permission of the use and agrees
that the use will terminate at the designated date for termination of the interim
use.
d) Public hearings shall be held as set forth in Ordinance 52.07, Subd. 4.
52.31, Subd. 13, added 1/07
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