HomeMy WebLinkAbout[04c] Request for Council ActioncrrY of HT JIMPH Council Agenda Item 4 C
MEETING DATE: October 7, 2010
AGENDA ITEM: Ordinance Amendments — Requested Acton: Authorize
the Mayor and Administrator to execute Resolutions 2010 -023 through 2010 -031 authorizing summary
publication of Ordinance Amendments.
SUBMITTED BY: Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission conducted a
public hearing on September 13, 2010 to consider Ordnance amendments and recommended City
Council approval.
PREVIOUS COUNCIL ACTION: The City Council on September 16, 2010 considered the
recommendations of the Planning Commission and approved the Ordinance amendments with the
exception of Parking (two ordinance provisions). Those two Ordinances are carried forward to the
October 7 meeting.
BACKGROUND INFORMATION: Amending a Zoning Ordinance includes conducting a public hearing and
then publishing the changes. When the Ordinance amendment includes considerable modification the
City has the opportunity to publish a summary of the changes letting the public know that full text is
available for review and the Council has reviewed the summary publication. This process includes a
resolution that states that it is a summary publication.
Due to the large number of amendments and changed text we decided to what to prepare the summary
publications until the Council acted on each Ordinance. Therefore, at this time the summary
publications have been prepared and are ready for execution.
ATTACHMENTS:
Request for Council Action
4(c):1 -2
Resolution 2010 -023, Summary publication, Ordinance Text
4(c):3 -6
Resolution 2010 -024, Summary publication, Ordinance Text
4(c):7 -12
Resolution 2010 -025, Summary publication, Ordinance Text
4(c):13 -22
Resolution 2010 -026, Summary publication, Ordinance Text
4(c):23 -36
Resolution 2010 -027, Summary publication, Ordinance Text
4(c):37 -48
Resolution 2010 -028, Summary publication, Ordinance Text
4(c):49 -64
Resolution 2010 -029, Summary publication, Ordinance Text
4(c):65 -70
Resolution 2010 -030, Summary publication, Ordinance Text
4(c):71 -80
Resolution 2010 -030, Summary publication, Ordinance Text
4(c):81 -94
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolutions 2010-
023 through 2010 -031 authorizing summary publication of amendments to the following Ordinances:
52.06, 52.22, 52.31, 52.32, 52.33, 52.34, 52.35, 58, 52.12
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RESOLUTION 2010 -023
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 52.06
(Building Permits Required)
RECITALS:
WHEREAS, the City Council for the City of St. Joseph has amended Ordinance 52.06, entitled
"Building Permits Required ".
WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication.
THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the
Ordinance.
2. The City of St. Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this 7th day of October. 2010, by a vote of _ in favor and opposed.
CITY OF ST. JOSEPH
By
Alan Rassier, Mayor
By
Judy Weyrens, Administrator
ORDINANCE 52.06
BUILDING PERMITS REQUIRED
SUMMARY PUBLICATION
The Council of the City of St. Joseph hereby ordains:
That Ordinance 52.06 entitled "Building Permits Required" has been amended:
The purpose of the amendment to Ordinance 52.06 is to clarify that building permits are
required for all work in the City to include shingling, siding and window replacement unless
specifically exempt by MN State Building Code.
This Ordinance was adopted on the 16th day of September, 2010 and shall be effective
upon publication.
CITY OF ST. JOSEPH
By
By
This amendment was published on October 15, 2010.
Alan Rassier, Mayor
Judy Weyrens, Administrator
ORDINANCE 52 — ZONING ORDINANCE
Section 52.06: BUILDING PERMITS REQUIRED
No person shall construct, enlarge, alter, repair, move, demolish or change occupancy of 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
(other than routine maintenance or having a cost or value of $2,000 or 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.
BUILDING PERMITS SHALL NOT BE REQUIRED for work specifically exempt by MN Rules adopted
by this code as MN State Building Code.
WA111,15l
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RESOLUTION 2010 -024
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 52.22
(Outdoor Dining /Smoking Areas and Sidewalk Cafes)
RECITALS:
WHEREAS, the City Council for the City of St. Joseph has passed Ordinance 52.22, entitled
"Outdoor Dining /Smoking Areas and Sidewalk Cafes ".
WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication.
THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the
Ordinance.
2. The City of St. Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this 7th day of October, 2010, by a vote of _ in favor and opposed.
CITY OF ST. JOSEPH
By
Alan Rassier, Mayor
By
Judy Weyrens, Administrator
ORDINANCE 52.22
OUTDOOR DINING /SMOKING AREAS AND SIDEWALK CAFES
SUMMARY PUBLICATION
The Council of the City of St. Joseph hereby ordains:
That Ordinance 52.22 entitled "Outdoor Dining/Smoking Areas" has been passed:
"Intent: The intent of this section of the zoning ordinance is to establish general
standards for outdoor dining areas and sidewalk cafes."
This Ordinance was adopted on the 16th day of September, 2010 and shall be effective
upon publication.
CITY OF ST. JOSEPH
By
By
This amendment was published on October 15, 2010.
Alan Rassier, Mayor
Judy Weyrens, Administrator
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/Smoking 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 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 Caf6s: 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 caf6 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 sidewalks immediately adjacent to the business operating them.
b) A sidewalk caf6 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) At no time shall the sidewalk caf6 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
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RESOLUTION 2010 -025
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 52.31
(61 Central Business District)
RECITALS:
WHEREAS, the City Council for the City of St. Joseph has amended Ordinance 52.31, entitled "61
Central Business District".
WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication.
THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the
Ordinance.
2. The City of St. Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this 7th day of October, 2010, by a vote of _ in favor and opposed.
CITY OF ST. JOSEPH
By
Alan Rassier, Mayor
By
Judy Weyrens, Administrator
ORDINANCE 52.31
B1 CENTRAL BUSINESS DISTRICT
SUMMARY PUBLICATION
The Council of the City of St. Joseph hereby ordains:
That Ordinance 52.31 entitled "61 Central Business District" has been amended:
The purpose of the amendment is to relieve the requirement for site plan approval by
the Planning Commission if plans are consistent with Zoning District.
This Ordinance was adopted on the 16th day of September. 2010 and shall be effective
upon publication.
CITY OF ST. JOSEPH
By
By
This amendment was published on October 15, 2010.
Alan Rassier, Mayor
Judy Weyrens, Administrator
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.
52.31 -1
ORDINANCE 52 — ZONING ORDINANCE
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
ff) 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.
52.31 -2
ORDINANCE 52 — ZONING ORDINANCE
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
52.31 -3
ORDINANCE 52 — ZONING ORDINANCE
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:
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: Sims. 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:
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.
52.31 -4
ORDINANCE 52 — ZONING ORDINANCE
2. Such sign except a directional sign, is erected only on the premise on
which the use, to which the sign relates, is conducted.
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.
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. 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 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 determining
conformity to the Ordinance, the following information must be presented to the Zoning
Administrator.
52.30, Subd. 10 amended 412005 ( *section subsequently renumbered)
52.31 -5
ORDINANCE 52 — ZONING ORDINANCE
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.
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.
52.31 -6
ORDINANCE 52 — ZONING ORDINANCE
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
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.
52.31 -7
ORDINANCE 52 — ZONING ORDINANCE
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
52.31 -8
RESOLUTION 2010 -026
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 52.32
(132 Highway 75 Business District)
RECITALS:
WHEREAS, the City Council for the City of St. Joseph has amended Ordinance 52.32, entitled "62
Highway 75 Business District ".
WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication.
THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the
Ordinance.
2. The City of St. Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this 7th day of October. 2010, by a vote of _ in favor and opposed.
CITY OF ST. JOSEPH
By
Alan Rassier, Mayor
By
Judy Weyrens, Administrator
ORDINANCE 52.32
B2 HIGHWAY 75 BUSINESS DISTRICT
SUMMARY PUBLICATION
The Council of the City of St. Joseph hereby ordains:
That Ordinance 52.32 entitled "62 Highway 75 Business District" has been amended:
The purpose of the amendment is to create a provision for seasonal /outdoor markets
through issuance of an Interim Use Permit and relieves the requirement for site plan approval
by the Planning Commission if plans are consistent with Zoning District.
This Ordinance was adopted on the 16th day of September, 2010 and shall be effective
upon publication.
CITY OF ST. JOSEPH
By
By
This amendment was published on October 15, 2010.
Alan Rassier, Mayor
Judy Weyrens, Administrator
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.
1.
Medical clinics
2.
Dental clinics
3. Veterinary clinics
4. Other institutions providing health care.
e) Movie and Performing Arts Theaters.
f) 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.
Subd. 4: Uses Under Special Use Permit. The following uses shall require a Special Use
52.32 -2
ORDINANCE 52 — ZONING ORDINANCE
Permit based on the procedures set forth in Section 52.07.03 of this Ordinance:
a) Auto malls and/or automobile service and gas stations, provided that:
1. Motor fuel facilities are installed in accordance with state and city
standards.
2. Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are
to be positioned to allow adequate access by motor fuel transports and
unloading operations minimize conflict with circulation, access and other
activities on the site.
3. Wherever fuel pumps are to be installed, pump islands shall be installed.
4. A protective canopy located over the pump island(s) may be an accessory
structure on the property; however, adequate visibility both on and off
site shall be maintained.
5. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
b) Office warehousing.
C) Lawn and garden temporary sales area.
d) Lumber yards and home improvement retail centers.
e) New or used auto dealerships.
f) Stone building material sales and service.
g) Recreational vehicle sales and services.
h) Transportation, terminals, public utility and transfer stations, without storage
yards.
i) Equipment Services.
1. Radio and television shops
2. Appliance repair shops
3. Appliance show rooms
j) Recreational Services.
52.32 -3
ORDINANCE 52 — ZONING ORDINANCE
1. Theaters
2. Bowling establishments
3. Clubs and lodges
k) Hotels
1) Motels
m) Drive - through and convenience food establishments, provided that an internal site
pedestrian circulation system shall be defined and appropriate provisions made to
protect such areas from encroachments by parked cars or moving vehicles.
n) Commercial car washes (drive through, self - service and mechanical) provided
that stacking space is constructed, subject to approval by the City Engineer, to
accommodate that number of vehicles which can be washed during a maximum
thirty (30) minute period.
o) Convenience Store with gasoline, provided that:
1. The sale of food items is in compliance with state and county standards
and subject to the approval of a Health Inspector who shall provide
specific written sanitary requirements for each proposed sale location.
2. The approximate area and location devoted to non - automotive
merchandise sales shall be specified in general terms in the application.
3. Motor fuel facilities are installed in accordance with state standards.
Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are to
be positioned to allow adequate access by motor fuel transports and
unloading operations minimize conflict with circulation, access and other
activities on the site.
4. Wherever fuel pumps are to be installed, pump islands shall be installed.
5. A protective canopy located over the pump island(s) may be an accessory
structure on the property however adequate visibility both on and off site
shall be maintained.
6. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
p) Postal Stations
52.32 -4
ORDINANCE 52 — ZONING ORDINANCE
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 Permit based on the procedures set forth in Section 52.07.04 of this Ordinance:
a) Farmers Market/Outdoor Market — a publicly or privately operated, open -air
establishment where agricultural or new or used projects 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
showing the layout of the entire market area including parking spaces for
the use, traffic patterns and stall areas.
52.32 -5
ORDINANCE 52 — ZONING ORDINANCE
2. Any temporary structure placed on the property 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 per vendor.
3. The Interim Use Permit shall be obtained through the procedures set 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 may be eligible for 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.
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 agrees that the use will terminate at the designated date for
termination of the interim use.
4. Public hearings shall be held as set forth in Ordinance 52.07 Subd. 4.
Subd. 7: 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) Propertadjacent 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) Rearmed. 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.
Subd. 7: Height Requirements.
a) Any portion of a structure shall not exceed 3 stories or 40 feet in height. Berming
52.32 -6
ORDINANCE 52 — ZONING ORDINANCE
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. 8: Site Coverage. No structure or combination of structures shall occupy more
than 60 percent of the lot area.
Subd. 9: 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 material). Pre -cast or cast in place
concrete buildings shall provide as much adornment as is possible considering
their exterior finish limitations.
d) Screening. All heating, ventilation and air conditioning equipment, and refuse
storage areas shall be screened and in a suitable location as determined by the
Planning Commission.
e) Lighting. All lighting shall be hooded and no light may directly strike County
State Aid Highway 75 or areas outside of the development.
f) Stops and Curbs. Concrete curb to B -612 specifications shall be used for all
automobile stops and for all drive and parking areas.
g) Landscaping. In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
h) &M. All proposed business signs shall be an element of the Development Plan.
All signs shall conform to the Subd. 10 of this Section.
i) A Lock Box shall be installed on all buildings before a certificate of occupancy
52.32 -7
ORDINANCE 52 — ZONING ORDINANCE
will be issued.
Subd. 10: Development Plan Requirements. 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 plan will be submitted to the
Planning Commission for approval. In determining conformity to the Ordinance, the following
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.
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,
52.32 -8
ORDINANCE 52 — ZONING ORDINANCE
odors and noise. The burden of proof for compliance with appropriate standards
shall lie with the applicant.
q) Required Fee /Agreement.
1. Payment Required. Any person filing a petition requesting development
plan review shall pay a fee according to the schedule established by the
City Council.
2. Amount. Fees payable under this section for development plan review
shall be in an amount as established by resolution of the City Council.
Preparation and review of all elements of the required development plan,
as listed and described above, is to be at the sole expense of the developer
and at no expense to the public. The fee is payable at the time of filing a
petition and is not refundable. In addition to the above fees and in the
event the City incurs professional fees, either legal, engineering or
professional planners, or any other cost, including but not limited to,
postage and publication expenses, the applicants shall reimburse the City
for those fees, and the City officials may require an escrow deposit,
cashier's check or letter of credit for these fees prior to the final action on
the application for development plan review. Such escrow or letter of
credit shall be in the form approved by the City Attorney.
3. Development Agreement. In the event additional review by the City or its
assigns is anticipated and/or needed during implementation of
Development Plan, or other similar circumstance, the City shall require the
property owner(s) and/or developer(s) enter into a development agreement
with the City. The development agreement shall stipulate the conditions
for approval and the City's authority to inspect the development. The
agreement shall further require the owner or developer, as the case may
require, furnish a cashier's check, escrow account or irrevocable letter of
credit in favor of the City in an amount equal to 110% of all costs
associated with City's review of the development, including but not
limited to, engineering, legal, fiscal and administrative, as estimated by the
City. Such escrow or letter of credit shall be in the form approved by the
City Attorney, shall be conditioned upon the approval of the development
plan.
Subd. 11: Signs. In the B -2 Highway 75 Business district the general provisions apply to
all signs.
a) Business and Wall signs may be erected, attached or painted on to a structure and
Advertising signs shall be prohibited. They are defined as follows:
Business Sign. A sign that is related to the business located on the same
property to which it is located.
52.32 -9
ORDINANCE 52 — ZONING ORDINANCE
2. Wall Sian. 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:
1. Signs shall have a surface area not exceeding one hundred square feet per
sign face with an aggregate total not to exceed two hundred (200) square
feet if double faced.
2. Such sign except a directional sign, is erected only on the premise on
which the use, to which the sign relates, is conducted.
3. Notwithstanding the above, where two or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates.
For the purpose of this subdivision, a combination of two or more business
operations within a single structure includes, but is not limited to,
shopping centers, shopping malls, and subdivided retail, office or
industrial buildings offered for lease or condominium ownership.
4. All freestanding Business Signs shall be landscaped around the base.
Except for monument signs, the surface area of the base of any Business
Sign shall not exceed 25% of the face area unless structural engineering
illustrates the face cannot meet the wind loading requirement of the
Building Code.
5. The maximum height of a Business Sign shall be 15 feet.
52.3 1, Subd. 10.b. amended 4/2005 ('section subsequently renumbered)
c) Wall signs may be placed or painted against the exterior wall or surface of a
building or structure and are subject to the following regulations:
1. That the wall sign does not exceed one and one -half ( 1 1/2) square feet per
lineal lot front foot or fifteen percent (15 %) of the building frontage area
52.32 -10
ORDINANCE 52 — ZONING ORDINANCE
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. 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 of a vehicle or trailer.
C) The following activities shall be subject to a 100 foot setback from
wetlands:
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, Subd. 12, added 1/07
52.32 -11
THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION 2010 -027
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 52.33
(133 General Business District)
RECITALS:
WHEREAS, the City Council for the City of St. Joseph has amended Ordinance 52.33, entitled "63
General Business District ".
WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication.
THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the
Ordinance.
2. The City of St. Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this 7th day of October. 2010, by a vote. of _ in favor and opposed.
CITY OF ST. JOSEPH
By
Alan Rassier, Mayor
By
Judy Weyrens, Administrator
ORDINANCE 52.33
B3 GENERAL BUSINESS DISTRICT
SUMMARY PUBLICATION
The Council of the City of St. Joseph hereby ordains:
That Ordinance 52.33 entitled "63 General Business District' has been amended:
The purpose of the amendment is to relieve the requirement for site plan approval by
the Planning Commission if plans are consistent with Zoning District.
This Ordinance was adopted on the 16th day of September, 2010 and shall be effective
upon publication.
CITY OF ST. JOSEPH
By
By
This amendment was published on October 15, 2010.
Alan Rassier, Mayor
Judy Weyrens, Administrator
ORDINANCE 52 — ZONING ORDINANCE
Section 52.33: B -3 GENERAL BUSINESS DISTRICT
Subd. 1: Intent. The General Business District provides space for specialized 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. The intent of the B -3
district is to create attractive commercial and business activities through standards including, but
not limited to, larger lot sizes, greenspace and landscaping requirements.
Subd. 2: Permitted Uses. The following uses shall be permitted within the General
Business District:
a) Appliance stores.
b) Apparel shops.
c) Barber and beauty salons.
d) Bicycle sales and repairs.
e) Business /professional offices.
f) Financial institutions, including insurance companies.
g) Florist.
h) Fruit, vegetable and meat stores.
i) Government buildings.
j) Grocery and drug stores.
k) Hardware stores.
1) Interior design services, including floor and wall covering stores.
m) Retail malls.
n) Medical, optical and dental clinics.
o) Office parks.
p) Parks and Open Spaces.
52.33 -1
ORDINANCE 52 — ZONING ORDINANCE
q) Photograph sales and repair.
r) Record and video stores.
S) Restaurants, coffee shops, excluding drive -in service.
t) Sporting goods stores.
u) 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) Transportation terminals, public utility and transfer stations, without storage
yards.
b) Equipment Services.
1. Radio and television shops
2. Appliance repair shops
3. Appliance show rooms
c) Recreational Services.
1. Theaters
2. Bowling establishments
3. Clubs and lodges
d) Hotels/Motels
e) 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.
f) 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.
52.33 -2
ORDINANCE 52 — ZONING ORDINANCE
g) Convenience Store with fuel services, provided that:
1. The sale of food items is in compliance with state and county standards
and subject to the approval of a Health Inspector who shall provide
specific written sanitary requirements for each proposed sale location.
2. The approximate area and location devoted to non - automotive
merchandise sales shall be specified in general terms in the application.
3. Motor fuel facilities are installed in accordance with state standards.
4. 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.
5. Wherever fuel pumps are to be installed, pump islands shall be installed.
6. 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.
7. 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.
h) 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. 4: Permitted AccessoKy Uses. The following uses shall be permitted as an
Accessory Use in the General Business District.
a) Commercial or business buildings for a use accessory to the principal use, not to
exceed thirty percent (30 %) of the square footage of the principal structure.
b) Temporary buildings for construction purposes for a period not to exceed
construction.
c) Off -street loading and parking areas.
d) Signs which meet the criteria in Subd. 11 of this Section.
52.33 -3
feet.
ORDINANCE 52 — ZONING ORDINANCE
Subd. 5: Lot Size. Minimum lot size is 10,000 square feet with a minimum width of 100
Subd. 6: Setbacks.
a) Property adjacent to County State Aid Highway 75. Shall have a ten (10) foot
landscaped setback from the highway right -of -way line. All structures shall have
a twenty (20) foot setback from the highway right -of -way.
b) Front yard. Setback shall be twenty (20) feet from the lot line.
C) 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.
d) Rear yard. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a
residential district.
e) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 7: Height Requirements. No portion of any structure shall 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. 8: Site Coverage. No structure or combination of structures shall occupy more
than 60 percent of the lot area.
Subd. 9: Other Requirements.
a) Parking Lots. All parking lots shall conform to the standards set forth in Section
52.13. 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 52.13 Subd. 6. 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;
52.33 -4
ORDINANCE 52 — ZONING ORDINANCE
stucco, aluminum lapsiding; cut block; and, concrete block (the surface must be
treated with an applied decorative texture or material). Pre -cast or cast in place
concrete buildings shall provide as much adornment as is possible considering
their exterior finish limitations. Any buildings undergoing renovation, repair or an
addition, so as to require the issuance of a building permit, shall be brought into
conformance with this subsection at the time the repairs, renovations or additions
are completed. This does not include re- shingling or re- roofing.
d) Screening. All heating, ventilation and air conditioning equipment, and refuse
storage areas shall be screened and in a suitable location as determined by the
Planning Commission.
e) Lighting. All lighting shall be hooded and no light may directly strike any
streets/highways 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.
All signs shall conform to the Subd. 11 of this Ordinance.
i) A Lock Box shall be installed on all buildings before a certificate of occupancy
will be issued.
Subd. 10: Development Plan Requirements. 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 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 determining
conformity to the Ordinance, the following information must be presented to the Zoning
Administrator.
52.33, 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.
52.33 -5
ORDINANCE 52 — ZONING ORDINANCE
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.
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
52.33 -6
signs.
ORDINANCE 52 — ZONING ORDINANCE
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: Signs. In the B -3 General Business district the general provisions apply to all
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:
1. 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
52:33 -7
ORDINANCE 52 — ZONING ORDINANCE
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates.
For the purpose of this subdivision, a combination of two or more business
operations within a single structure includes, but is not limited to,
shopping centers, shopping malls, and subdivided retail, office or
industrial buildings offered for lease or condominium ownership.
4. All freestanding Business Signs shall be landscaped around the base.
Except for monument signs, the surface area of the base of any Business
Sign shall not exceed 25% of the face area unless structural engineering
illustrates the face cannot meet the wind loading requirement of the
Building Code.
5. The maximum height of a Business Sign shall be 15 feet.
52.32, Subd. l Lb. 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:
1. That the wall sign does not exceed one and one -half (1 %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. 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 of a vehicle or trailer.
C) The following activities shall be subject to a 100 foot setback from
wetlands:
52.33 -8
ORDINANCE 52 — ZONING ORDINANCE
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.
52.33, Subd. 13, added 1/07
52.33 -9
THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION 2010 -028
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 52.34
(LI Light Industrial District)
RECITALS:
WHEREAS, the City Council for the City of St. Joseph has amended Ordinance 52.34, entitled "LI
Light Industrial District ".
WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication.
THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the
Ordinance.
2. The City of St. Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this 7th day of October, 2010, by a vote of _ in favor and opposed.
By
Alan Rassier, Mayor
By
Judy Weyrens, Administrator
ORDINANCE 52.34
LI — LIGHT INDUSTRIAL DISTRICT
SUMMARY PUBLICATION
The Council of the City -of St. Joseph hereby ordains:
That Ordinance 52.34 entitled "LI — Light Industrial District" has been amended:
The purpose of the amendment is to relieve the requirement for site plan approval by
the Planning Commission if plans are consistent with Zoning District.
This Ordinance was adopted on the 16th day of September, 2010 and shall be effective
upon publication.
CITY OF ST. JOSEPH
By
By
This amendment was published on October'15,.2010.
Alan Rassier, Mayor
Judy Weyrens, Administrator
ORDINANCE 52 — ZONING ORDINANCE
Section 52.34: LI -LIGHT INDUSTRIAL DISTRICT
Subd. 1: Intent. The Light Industrial District provides space for industrial activities
involving a minimum degree of refuse byproducts and air or noise pollution, and requiring a
relatively low level of on- premise processing. These activities may include secondary
commercial functions which are conducted on site.
Subd. 2: Permitted Uses. The following use shall be permitted within the LI -Light
Industrial District:
a) Assembly plants and manufacturing enterprises of a wide variety of products that
do not cause noxious odors or noise, including excessive users of water and
sewer. Examples of such uses include: fabrication or assembly of small products
such as opticals, electronics, pharmaceuticals, medical supplies and small
equipment.
b) Publishing establishments.
C) Clothing or apparel manufacturing or assembly.
d) Business incubator facilities.
e) Bottling establishments.
f) Dry cleaning and drying establishments.
g) Manufacturing/assembly of crates, boxes, baskets, furniture, veneer,
cabinets and similar word items.
h) Building materials sales and storage/ lumberyards.
i) Manufacturing of plastic, fiberglass and metal products.
j) Mini - storage.
k) Major automotive repair.
1) Offices /showroom/retail space as a portion of the principal industrial use provided
they do not exceed a combined 25 percent of the total square footage of the
principal use.
m) Appliance assembly and warehousing.
52.34 -1
ORDINANCE 52 — ZONING ORDINANCE
n) Industrial research laboratories.
o) Manufacturing of small electrical parts and service.
p) Newspaper and printing plants.
q) Telecommunication facilities, base stations.
r) Telemarketing and mail order establishments.
s) Warehousing, of non - explosive material and equipment within the structure.
t) Wholesale or distributor storage and distribution of non - hazardous materials.
u) Wholesale water conditioning systems.
v) Uses determined to be of a similar nature as those contained in this section 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. 3: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the Light Industrial District and subject to the all the requirements in this
Section:
a) Restaurant, lunch counters, confectioneries to serve the employees employed
within the District.
b) Residential structures and related residential uses necessary for security and safety
reasons in relation to the principal use.
C) Off - street parking and off - street loading.
d) Outdoor storage as regulated in Section 52.12, Subd. 12.
e) Office accessory to the principal use.
f) Business identification signs as regulated in Subd. 11.
g) Temporary buildings for construction purposes for a period not to exceed a period
of 12 months.
Subd. 4: Uses Under Special Use Permit. The following uses shall require a Special Use
Permit based on the procedures set forth in this Ordinance.
a) Adult Entertainment as regulated in Section 52.15 of this Ordinance.
52.34 -2
ORDINANCE 52 — ZONING ORDINANCE
b) Commercial activities relating to production systems, structural maintenance
programs or the construction industry.
C) Service structures, public or private, designed and used to serve the uses in the
surrounding area, such as electric power substation, telephone buildings, deep
wells, elevated tanks and similar structures and uses.
d) Commercial /Industrial Planned Unit Development.
e) When property within a Light Industrial District abuts County State Aid Highway
75:
1. Motels
2. Gasoline service stations
3. Restaurant or supper clubs
4. Drive -in 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.
5. Open sales or temporary rental lots
f) Indoor Firing Range provided that:
1. The firing range shall not be located on any lot adjacent to an existing
Residential, Educational/Ecclesiastical or Public District.
2. The firing Range shall not be located within one thousand (1,000) lineal
feet, measured from building to building, of an existing firing range or
establishment licensed to dispense intoxicating or non - intoxicating liquor,
nor shall they be in a building that dispenses liquor.
3. The use, occupancy and construction of the building shall conform to the
Minnesota State Building Code.
4. The building and method of operation shall conform with the applicable
Minnesota Pollution Control Agency, Environmental Protection Agency,
and OSHA standards for indoor ventilation, emission into the atmosphere,
indoor sound levels, lead containment and outside noise standards.
.52.34 -3
ORDINANCE 52 — ZONING ORDINANCE
5. The design and construction of the firing range shall completely confine
all ammunition rounds within the building and in a controlled manner.
The design and construction of the firing range shall be certified by a
registered engineer in the State of Minnesota. The certified plans shall
include the specifications and construction of the bullet trap (s), ceilings,
exterior and interior walls and floors. The certified plans shall state what
type and caliber of ammunition the range is designed to totally confine.
6. No ammunition shall be used in the range that exceeds the certified design
and construction specifications of the firing range.
7. A written log of range users shall be maintained by the range operator and
available for inspection by the City all any /all times. The name and
address of the user shall be verified by photo identification. The log shall
include, but not be limited to the following:
A. Name, Address and phone number of the range user.
B. Time and date the user was in the range
C. If aged twenty -one (2 1) or more a photocopy of the individual's
permit to carry a dangerous weapon.
8. Firearms shall not be stored on the premises when the range is closed for
Business, unless they are stored in an acceptable gun safe. An acceptable
gun safe shall meet ALL of the following standards:
A. Shall be able to fully contain firearms and provide for their secure
storage.
B Shall have a locking system consisting of, at minimum, a
mechanical or electronic combination lock. The mechanical or
electronic combination lock utilized by the safe shall have at least
10,000 possible combinations consisting of a minimum of three
numbers, letters, or symbols. The lock shall be protected by a case-
hardened (Rockwell C 60 +) drill resistant steel plate, or drill
resistant material of equivalent strength.
C. Boltwork shall consist of a minimum of three steel locking bolts of
at least 1/2 inch thickness that intrude from the door of the safe into
the body of the safe or from the body of the safe into the door of
the safe, which are operated by a separate handle and secured by a
lock.
D. A gun safe shall be .capable of repeated use. The exterior walls
shall be constructed of a minimum of 12 -gauge thick steel for a
52.34 -4
ORDINANCE 52 — ZONING ORDINANCE
single - walled safe, or the sum of the steel walls shall add up to at
least .100 inches for safes with two walls. Doors shall be
constructed of a minimum of one layer of 7 -gauge steel plate
reinforced construction or at least two layers of a minimum 12-
gauge steel compound construction.
E. Door hinges shall be protected to prevent the removal of the door.
Protective features include, but are not limited to, hinges not
exposed to the outside, interlocking door designs, dead bars,
jeweler's lugs, and active or inactive locking bolts.
9. On -site supervision shall be supplied at all times by an adult with
credentials as a range operator. The range operator shall be responsible
for the conduct of their place of business and the conditions of safety and
order in the place of business and on the premises.
10. The applicant shall provide and maintain proof of liability insurance which
shall require the insurer notify the City Administrator in writing within ten
(10) business days of cancellation of the policy, a change in the limit of
the policy and/or a change in policy ownership. Said policy shall be
available for inspection by the City Administrator and/or his/her assigns at
all times.
11. On site instruction shall be given only by Certified Firearms Instructors.
Current certificates for firearms instructors shall be on display in a
conspicuous location in the premises and available for public inspection at
all times.
12. An outside security plan for the general grounds shall be submitted to the
City Administrator or designee for review and approval.
13. The transport of firearms on the premises, to the premises and from the
premises shall conform to State Law.
14. Minors shall not be allowed in the range unless accompanied by an adult
at all times. This provision shall not be interpreted to prohibit minors
from participating in a firearm safety class which is supervised by an adult
instructor.
15. Indoor firing ranges shalf not sell or dispense intoxicating liquors, nor
shall they be in a building which contains a business that sells or dispenses
non - intoxicating or intoxicating liquors.
16. The Council reserves the authority to review or modify the performance
standards for the range.
52.34 -5
ORDINANCE 52 — ZONING ORDINANCE
Subd. 5: Lot Area Requirements.
a) Minimum Lot Size: One (1) acre (43,560 square feet). Minimum lot width one
hundred (100) feet.
b) Impervious surfaces shall not exceed 80% of the lot area. Impervious surfaces
shall include all structures, parking spaces and driveway connecting the parking
space with a street or alley.
52.34, Subd. 5, amended 1/07
Subd. 6: Setback Requirements. No part of the structure including footings, soffits,
gutters or other overhangs shall encroach on easement areas.
Front Yard Setbacks.
a) Front yard setback shall be thirty (30) feet from the lot line. On corner lots, the
setback from all lot lines abutting a street shall be thirty (30) feet. When an
industrial district lot is separated from a residential zone by a city street, the
setback from the lot line shall be one hundred (100) feet.
b) Front yards abutting any roadway: the setback shall be landscaped as in
accordance to the requirements of any applicable protective covenants and such
reasonable requirements as established by the Planning Commission, and shall not
be used for parking.
Side Yard Setbacks.
a) Side yard setback shall be at least twenty -five (25) feet from the lot line.
Development occurring on lots platted prior to January 1, 1999 shall be subject to
the ten foot side yard setback requirement in effect at the time of platting.
b) A Light Industrial District side yard adjacent to a residential boundary line shall
provide for a landscaped strip of at least sixty (60) feet in width along the lot
boundary line. A portion of this landscaped strip shall be planted to provide a
screen. The governing body may require additional side yard setback in these
cases. When such additional width is required, such additional width shall not
exceed one hundred (100) feet and paring in this area will be permitted.
c) Side yard boarding upon any roadway: the setback shall be landscaped in
accordance with any applicable protective covenants and such reasonable
requirements as established by the Planning Commission.
Rear Yard Setback.
a) Rear yard setback shall be at least twenty (20) feet, which may be used for
parking.
52.34 -6
ORDINANCE 52 — ZONING ORDINANCE
Subd. 7: Height Requirements.
a) No building constructed in any Light Industrial District shall be more than fifty -
five (55) feet in height. Berming the building does not allow a building to be
constructed higher than 55 feet. Elevation for the building shall be determined by
the average grade of the land.
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) 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. A minimum of twenty -five (25 %) of the exterior building
finish directly facing streets, exclusive of windows and doors, shall consist of
materials comparable to: face brick; natural stone or cultured rock; glass; vinyl;
stucco, aluminum lapsiding; cut block; and, concrete block (the surface must be
treated with an applied decorative texture or material). Pre -cast or cast in place
concrete buildings shall provide the same amount of adornment..
Updated 52.33, Subd. 9(c) on 1/2005 ( *section subsequently renumbered)
d) Every applicant for a permit develop or expand any industrial property in the City
shall be required to submit a complete and accurate statement concerning the
specific nature of the use to which the property is to be put and shall certify that
the proposed use shall comply with all regulations, ordinances, or special
provisions which may apply.
e) The Planning Commission shall have the right to require any additional
information, corrections, or control, deemed necessary for the protection of the
public. The Planning Commission shall have the right to hire expert consultants,
at the permittees' expense, to assist in the establishment of special restrictions for
any Industrial Use.
52.34 -7
ORDINANCE 52 — ZONING ORDINANCE
f) Every applicant shall be required to submit for approval of the Planning
Commission a landscape plan providing for the planting of trees and other
vegetation.
g) Any use creating periodic earthshaking vibration shall be prohibited if undue
vibrations are perceptible beyond boundaries of the property on which the use is
located. This standard shall not apply to vibrations created during the process of
construction.
h) Any use requiring the storage, utilization or manufacture of products which could
decompose by detonation shall be located not less than 400 feet from any
residence. This section shall not apply to the storage or usage of liquid petroleum,
natural gas for normal residential or business use providing other performance
standards are met.
i) All activities that emit radioactivity shall comply with the minimum requirements
of the Federal regulatory body.
j) All uses associated with bulk storage of oil, gasoline, liquid fertilizer, chemicals,
similar liquids and hazardous substances shall comply with the requirements of
the Minnesota State Fire Marshall, the Minnesota Department of Agriculture and
other hazardous substance legislation by the Federal government. The user of
such material shall have documents from the above offices that the use is in
compliance. All existing above ground liquid storage tanks with a capacity of
2,000 gallons or more, shall comply with the requirements of the Minnesota State
Fire Marshall's office within 12 months following enactment of this Ordinance.
k) 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.
1) Li tin . All lighting shall be hooded and no light may directly strike any
street/highway or areas outside of the development.
m) Stops and Curbs. Concrete curb to B -612 specifications shall be used for all
automobile stops and for all drive and parking areas.
n) Landscaping. In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
o) Signs. All proposed business signs shall be an element of the Development Plan.
All signs shall conform to the requirements of Subd. 11.
p) A Lock Box shall be installed on all buildings before a certificate of occupancy
will be issued.
52.34 -8
ORDINANCE 52 — ZONING ORDINANCE
Subd. 10: Development Plan Requirements. 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 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 determining
conformity to the Ordinance, the following information must be presented to the Zoning
Administrator.
Updated 52.33, Subd. 10 on 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,
52.34 -9
signs.
ORDINANCE 52 — ZONING ORDINANCE
odors and noise. The burden of proof for compliance with appropriate standards
shall lie with the applicant.
q) Required Fee /Agreement.
1. Payment Required. Any person filing a petition requesting development
plan review shall pay a fee according to the schedule established by the
City Council.
2. Amount. Fees payable under this section for development plan'review
shall be in an amount as established by resolution of the City Council.
Preparation and review of all elements of the required development plan,
as listed and described above, is to be at the sole expense of the developer
and at no expense to the public. The fee is payable at the time of filing a
petition and is not refundable. In addition to the above fees and in the
event the City incurs professional fees, either legal, engineering or
professional planners, or any other cost, including but not limited to,
postage and publication expenses, the applicants shall reimburse the City
for those fees, and the City officials may require an escrow deposit,
cashier's check or letter of credit for these fees prior to the final action on
the application for development plan review. Such escrow or letter of
credit shall be in the form approved by the City Attorney.
3. Development Agreement. 'In the event additional review by the City or its
assigns is anticipated and/or needed during implementation of
Development Plan, or other similar circumstance, the City shall require the
property owner(s) and/or developer(s) enter into a development agreement
with the City. The development agreement shall stipulate the conditions
for approval and the City's authority to inspect the development. The
agreement shall further require the owner or developer, as the case may
require, furnish a cashier's check, escrow account or irrevocable letter of
credit in favor of the City in an amount equal to 110% of all costs
associated with City's review of the development, including but not
limited to, engineering, legal, fiscal and administrative, as estimated by the
City. Such escrow or letter of credit shall be in the form approved by the
City Attorney, shall be conditioned upon the approval of the development
plan.
Subd. 11: Sims. In the L -I Light Industrial district the general provisions apply to all
a) Special and TeMporM Signs.
1. One (1) identification sign not exceeding thirty -five (35) square feet in
area for the following uses: church, school, or similar uses. Such signs
shall be solely for the name and of the use and its activities and may be
illuminated but not flashing.
52.34-10
ORDINANCE 52 — ZONING ORDINANCE
2. Temporary signs advertising a new subdivision development limited to the
following: (1) maximum size shall be thirty-two (32) square feet in
surface area, (2) maximum height of fifteen (15) feet above ground level.
3. Real estate signs, including signs advertising the sale or rental of premises,
are permitted provided the area on one side of any such signs shall not
exceed six (6) square feet.
4. Temporary signs of contractors, architects, mechanics, special events and
artisans are permitted, provided that such signs shall be removed promptly
upon completion of the work and further provided that such signs shall not
exceed thirty -two (32) square feet in area.
b) Portable Signs.
1. Definition. A portable sign is one that is movable from one location to
another and is not permanently affixed to the ground, sales display device,
or structure.
2. Permit Required. A business seeking to use or display a portable sign
shall obtain a permit from the City for the period of display. Permits will
specify the length of time the sign will be displayed, location of the sign,
and business applying to use the sign.
3. LengLh of Use. The duration of time a portable sign can be located on a
property is limited to a maximum of forty (40) days in any one calendar
year.
4. Size. A portable sign shall not exceed 50 square feet which accounts for
all letters, numbers and attachments; excluding material required to
support the sign.
C) Business or Commercial Signs
1. Signs shall have a surface area not exceeding one hundred (100) square
feet per sign 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 premises on
which the use, to which the sign relates, is conducted.
3. Notwithstanding the above, where two or more separate and individual
commercial operations 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
52.34 -11
ORDINANCE 52 — ZONING ORDINANCE
circumstances, each individual business operation may be permitted to
display an individual business sign as provided in subdivisions a) and b),
except that said sign must be directly attached to that particular premises
actually occupied by the business operation to which the sign relates. In
addition to these individual business signs, the combination of business
operations occupying the structure, may maintain a 50 square foot sign
detached from the structure identifying the structure, the individual
business operations located therein, or other reference to the combination
of business operations located within the structure. For purposes of this
subdivision, a combination of two or more business operations within a
single structure includes, but is not limited to, shopping centers, shopping
malls, and subdivided retail, office or industrial buildings offered for lease
or condominium ownership.
4. All freestanding Business Signs shall be landscaped around the base.
Except for monument signs, the surface area of the base of any Business
Sign shall not exceed 25% of the face area unless structural engineering
illustrates the face cannot meet the wind loading requirement of the
Building Code.
5. The maximum height of a Business Sign shall be 15 feet.
52.33, Subd. l lc amended by adding 4. and 5. on 4/2005 ( *section subsequently renumbered)
d) Advertising or pylon signs shall not be permitted.
e) Sign Removal. All signs not maintained and kept in good repair shall be subject
to removal upon direction of the City Building Inspector.
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 of a vehicle or trailer.
C) The following activities shall be subject to a 100 foot setback from
wetlands:
The construction or maintenance of a well used for agricultural
irrigation, or any well less than 50 feet in depth.
52.34 -12
ORDINANCE 52 — ZONING ORDINANCE
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.
52.34 -13
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RESOLUTION 2010 -029
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 52.35
(EE Educational - Ecclesiastical District)
RECITALS:
WHEREAS, the City Council for the City of St. Joseph has amended Ordinance 52.35, entitled "EE
Educational Ecclesiastical District ".
WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication.
THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the
Ordinance.
2. The City of St. Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this 7th day of October, 2010, by a vote of _ in favor and opposed.
CITY OF ST. JOSEPH
By
Alan Rassier, Mayor
By
Judy Weyrens, Administrator
ORDINANCE 52.35
EE — EDUCATIONAL — ECCLESIASTICAL DISTRICT
SUMMARY PUBLICATION
The Council of the City of St. Joseph hereby ordains:
That Ordinance 52.35 entitled "EE — Educational - Ecclesiastical District" has been amended:
The purpose of the amendment is to include provisions for parking regulations.
This Ordinance was adopted on the 16th day of September. 2010 and shall be effective
upon publication.
CITY OF ST. JOSEPH
By
By
This amendment was published on October 15, 2010.
Alan Rassier, Mayor
Judy Weyrens, Administrator
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 Accessory Uses. 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 parking space for new uses or buildings,
additions thereto and additions to existing buildings 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 parking study is completed illustrating the anticipated demand for
parking and loading 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.
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.
52.35 -4
RESOLUTION 2010 -030
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 58
(Telecommunication and Antenna Ordinance)
RECITALS:
WHEREAS, the City Council for the City of St. Joseph has amended Ordinance 52.35, entitled
"Telecommunication and Antenna Ordinance ".
WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication.
THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the
Ordinance.
2. The City of St. Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this 7th day of October. 2010, by a vote of _ in favor and opposed.
CITY OF ST. JOSEPH
By
Alan Rassier, Mayor
By
Judy Weyrens, Administrator
ORDINANCE 58
TELECOMMUNICATION AND ANTENNA ORDINANCE
SUMMARY PUBLICATION
The Council of the City of St. Joseph hereby ordains:
That Ordinance 58 entitled "Telecommunication and Antenna Ordinance" has been amended:
The purpose of the amendment is to update the title to include antennas and include
antennas in provisions referencing towers.
This Ordinance was adopted on the 16th day of September, 2010 and shall be effective
upon publication.
CITY OF ST. JOSEPH
By
Alan Rassier, Mayor
By
This amendment was published on October 15, 2010.
Judy Weyrens, Administrator
CHAPTER V — BUILDING, LAND USE & REGULATIONS
ORDINANCE 58 TELECOMMUNICATION FREE STANDING TOWER REGULATION
ORDINANCE........................................................................................ ...........................58 -1
Section 58.01: PURPOSE .................................................................. ............................... 58 -1
Section 58.02:
DEFINITIONS ........................................................... ...............................
58 -1
Section 58.03:
PERMITTED ZONING DISTRICTS ....................... ...............................
58 -2
Section 58.04:
GENERAL PERFORMANCE STANDARDS ......... ...............................
58 -3
Section 58.05:
TOWER SETBACKS .................................................... ...........................58
-4
Section 58.06:
TOWER LIGHTING ................................................. ...............................
58 -4
Section 58.07:
SIGNS AND ADVERTISING .................................. ...............................
58 -4
Section 58.08:
ABANDONED OR UNUSED TELECOMMUNICATION TOWERS..
58 -4
Section 58.09:
INTERFERENCE OF PUBLIC SAFETY COMMUNICATIONS .........
58 -5
Section 58.10:
CONDITIONAL USE APPLICATION SUBMITTAL ...........................
58 -5
Section 58.11:
BUILDING MOUNTED ANTENNAS ..................... ...............................
58 -6
Section 58.12:
AMATEUR RADIO TOWERS ................................. ...............................
58 -6
Section 58.13:
PENALTIES .............................................................. ...............................
58 -6
58 -0
CHAPTER V — BUILDING, LAND USE & REGULATIONS
ORDINANCE 58 TELECOMMUNICATION AND ANTENNA 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 Utilily 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: Fencing. 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 (10) 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:
1. 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.
5. 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
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.
F1;^
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RESOLUTION 2010 -031
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 52.12
(General Performance Standards)
RECITALS:
WHEREAS, the City Council for the City of St. Joseph has amended Ordinance 52.12, entitled
"General Performance Standards".
WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication.
THEREFORE, IT IS HEREBY RESOLVED:
I. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the
Ordinance.
2. The City of St. Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this 7th day of October. 2010, by a vote of _ in favor and opposed.
CITY OF ST. JOSEPH
By
Alan Rassier, Mayor
By
Judy Weyrens, Administrator
ORDINANCE 52.12
GENERAL PERFORMANCE STANDARDS
SUMMARY PUBLICATION
The Council of the City of St. Joseph hereby ordains:
That Ordinance 52.12 entitled "General Performance Standards" has been amended:
The purpose of the amendment is to add a fence provision for Commercial and
Industrial Zoning Districts; removing duplicate language regarding parking which is referred to in
Ordinance 84 and Junk Cars.
This Ordinance was adopted on the 16th day of September. 2010 and shall be effective
upon publication.
CITY OF ST. JOSEPH
By
By
This amendment was published on October 15, 2010.
Alan Rassier, Mayor
Judy Weyrens, Administrator
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:
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.
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. 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.
3. Barbed wire and electrical fences are strictly prohibited, except within the
agricultural district.
4. Use of creosote lumber is prohibited.
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
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ORDINANCE 52 — ZONING ORDINANCE
located below the frost line.
6. 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.
7. 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. ences. 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.
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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) Landscapin lantina 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
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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:
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.
i) Residential lots shall have no more than a single curb cut providing access to the
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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.
1) Residential dwellings in the R -1, R -2 and R -3 Districts, except those within
approved manufactured home subdivisions:
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
side yard in the residence district.
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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 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.
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.
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.
Subd. 9: Dwelling Unit Restrictions.
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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.
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.
V. Storage and/or parking of commercial vehicles and/or
equipment, or any combination thereof, is prohibited. This
section will not apply to light trucks classified as '/2 ton and
3/4 ton pickups, panels and sedans.
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ORDINANCE 52 — ZONING ORDINANCE
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.
3. If abutting a Residential District, or a residential use, screening and
landscaping is provided according to a plan approved by the City
Administrator /Clerk.
4. The storage area is covered to control dust and storm water drainage with
bituminous surfacing, concrete or a comparable substitute approved by the
City.
5. All lighting shall be directed away from the public right -of -way and from
neighboring residences.
c) Refuse. All lots within all zoning districts shall be maintained in a neat and
orderly manner. No rubbish, salvage materials, junk, or miscellaneous refuse
shall be openly stored or kept in the open, when the same is construed by the City
Council to be a menace or nuisance to the public health, safety, or general welfare
of the City, or to have a depressing influence upon property values in the area.
d) Waste Materials. Waste materials are to be picked up and disposed of in
accordance with any and all city standards applicable to refuse /waste materials.
Excluded waste materials must be disposed of in a safe and appropriate manner in
accordance with local, state, and federal law. Release of excluded waste materials
to public or independent sewage treatment systems, the environment, or the solid
52.12 -11
ORDINANCE 52 — ZONING ORDINANCE
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 -I2