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HomeMy WebLinkAbout[04b] Ordinance Amendments - 52.27 - R1, Single Family, owner occupied rental provision for those serving in the Armed Forces1"P CrrvOFST. JOSVPH Planning Commission Agenda Item 4 b MEETING DATE: November 6, 2011 AGENDA ITEM: Ordinance Amendments — R1 Single Family SUBMITTED BY: Administration PREVIOUS PLANNING COMMISSION ACTION: In October the Planning Commission authorized the conducting of a public hearing to consider an amendment to include a provision in the R1 Zoning District to allow non -owner occupied rental provided the property owner is serving in the armed forces and on Active Duty or deployed. BACKGROUND INFORMATION: The State of MN enacted legislation that allowed those serving in the Armed Forces on active duty or deployed to retain homestead credit on their homes. Since the legislature made an exception regarding homesteading the City has the ability to follow along and allow non -owner occupied rental. ATTACHMENTS: Request for Planning Commission Consideration Hearing Notice Amendment Ordinance REQUESTED PLANNING COMMISSION ACTION: Recommend the City Council amend Ordinance 52.27 to include a provision for non -owner occupied rental in an R1 Zoning District provided the property owner is serving the Armed Forces and is deployed or serving active duty. .,L,;4 A'N, CITY OF ST. JOSEPH WWW.cltyof stjoseph.com City of St. Joseph Amendment to Ordinance 52: Zoning Ordinance The St. Joseph Planning Commission will be conducting a public hearing on Monday, Administrator November 7, 2011 at 7:00 PM to consider the following amendments to the City of St. Joseph Judy W/eyrens Zoning Ordinance: Ordinance 52.07, Administration — Amendment revises variance guidelines to match Mayor legislative changes. Rick Schultz Ordinance 52.27, Single Family Residential —Amendment adds provision for interim Councilors use for military personnel. Steve Frank Ordinance 52.31 B1, Central Business District — Amendment includes adding drive thru Bob Loso businesses as permitted uses. Renee Symanietz Dale Wick Ordinance 52.32 B2, Highway Business - Amendment includes adding drive thru businesses as permitted uses and modifies building exterior material. Ordinance 52.33, General Business — Amendment includes adding drive thru businesses as permitted uses and modifies building exterior material. Full text of the above Ordinance Amendments can be viewed at the City Offices, 25 College Avenue North or on the City website: www.citvofstioseph.com. All persons wishing to testify will be heard with oral testimony limited to five minutes. Written testimony can be submitted to the City of St. Joseph, Attn: Judy Weyrens, PO Box 668, St. Joseph MN 56374. Judy Weyrens Administrator Publish: October 26, 2011 zs College Avenue North • PO Box 668 • Saint Joseph, Minnesota (6374 Phone 3zo.363.7zoi Fax 32.o.363.0341 AMENDMENT TO ORDINANCE 52.27 Rl, Single Family Residential The Planning Commission for the City of St. Joseph hereby recommends the City Council amend Ordinance 52.27 to add the following provision: b) Residential rental provided the property owner has owned and used the property as their primary residence prior to being called to active duty with the armed forces. For purposes of determining ownership, the property owner must provide a recorded deed verifying owners of the property prior to be called to active duty and a copy of the military orders verifying deployment or service. In addition, the following provisions shall apply. 1. The Interim Use Permit shall only be valid during deployment and active duty and shall be renewed annually, with an initial term not to exceed two (2) years. 2. The property shall meet the requirements identified in section a) of this subdivision. This amendment is recommended for approval on this day of , 2011. CITY OF ST. JOSEPH S. Kathleen Kahnowski, Chair Judy Weyrens, Administrator THIS PAGE INTENTIONALLY LEFT BLANK ORDINANCE 52 — ZONING ORDINANCE Section 52.27: R -1 SINGLE FAMILY RESIDENCE DISTRICT Subd. 1: Intent. It is the intent of this district to provide for the orderly development of residential areas and to avoid urban sprawl within the City; permit the development of single family dwellings; to provide reasonable standards for such development; to avoid overcrowding; and to prohibit the use of land which would be incompatible with or detrimental to the essential residential character of such districts. Subd. 2: Permitted Uses. a) Single family dwellings - non -rental occupancy. b) Public parks and playgrounds. c) Horticulture, not to include the retail sale of products. d) Licensed residential group care facility with 1,300 feet between it and a similar facility and not to exceed six boarders. e) Licensed day -care facility serving 12 persons or less. Subd. 3: Uses Under Special Use Permit. The following uses shall require a Special Use Permit based on the procedures set forth in this Ordinance: a) Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community. b) Public or semi- public recreational buildings and community centers. C) Licensed day -care centers serving 13 or more persons. d) Licensed residential group care facilities with seven or more boarders. e) Public libraries. f) Public and private schools provided that the location and off - street parking has been reviewed and approved by the Planning Commission. g) Institutions of a religious eleemosynary or philanthropic nature. h) Nurseries and greenhouses. 52.27 -1 ORDINANCE 52 — ZONING ORDINANCE i) Planned use residential development. j) Bed and breakfast. k) Uses which in the judgment of the Planning Commission and City Council are similar to those listed in this zoning district. Subd. 4. Permitted Accessory Uses. a) Private garages, parking spaces and carports for passenger cars, trucks, recreational vehicles and equipment. b) Structures used for storage of domestic equipment and non - commercial recreational equipment. C) Swimming pools, tennis courts, detached screen porch or gazebo, provided that the maximum lot coverage requirement is not exceeded. All swimming pools must be fenced around the perimeter. The fence must meet the requirements of Ordinance 52.12 subd. 2. d) No accessory building nor structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. e) Fences. f) Home occupations per Section 52.16. g) Accessory building(s) and/or private garage(s), either attached or detached, shall be subject to the following limitations, and the general requirements of Section 52.12, Subd. 1. 1. One or two accessory buildings covering a combined area not greater than 1,350 square feet are permitted. 2. The combined area of the lot covered by the accessory buildings authorized in subparagraphs 1 above shall not exceed ten (10) percent of the total lot area. 3. Accessory buildings must meet the following design standards: A. Pole barns and/or post frame construction is prohibited. B. The exterior finish materials (such as siding, shingles, etc.) shall be similar in nature and color to the exterior finish material of the principal structure. C. The side walls of the structure may not exceed ten (10) feet in height. 52.27 -2 ORDINANCE 52 — ZONING ORDINANCE D. The roof slope shall be no greater than the steepest roof slope of the principal structure, nor less than the average of the roof slopes of the principal structure. 4. No accessory building nor structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. Accessory buildings not specifically permitted by this paragraph shall be prohibited unless authorized by a special use permit granted pursuant to Ordinance 52.07.03. For purposes of this section, a pet shelter or a structure designed and used exclusively for play by children shall not be considered an accessory building. Subd. 5: Interim Uses. The following are Interim Uses allowed by permit based upon the procedures and criteria set forth in Section 52.07.04 of this Code. a) Residential rental provided the unit is owner- occupied and provided the room(s) rented does not contain separate kitchen facilities and is not intended for use as an independent residence. For purposes of establishing if the property is owner occupied, the owner must be a natural person, and all owner occupy the property as their principal residence. The owners may not exceed two in number. For purpose of determining ownership, the owner /owners must provide a copy of a recorded deed or recorded contract for deed. A purchase agreement will not be accepted as evidence of ownership. In addition, The property must satisfy the parking requirements contained in this Ordinance. 2. The rental unit(s) must: A. Have a ceiling height of at least seven (7) feet; B. Contain adequate ventilation and fire escapes as determined by the Building Official; and, C. Meet all applicable rental codes as outlined in St. Joseph Section 52.27, Subd. 5 amended 4/08 Ordinance 55 and Ordinance 55.06, Subd. 1. b) Residential rental provided the propertv owner has owned and used the propert as their primary residence prior to being called to active duty with the armed forces. For purposes of determining ownership, the property owner must provide a recorded deed verifying owners of the property prior to be called to active duty and a copy of the military orders verifying deployment or service. In addition, the following provisions shall apply. 52.27 -3 ORDINANCE 52 — ZONING ORDINANCE 1. The Interim Use Permit shall only be valid duringddeployment and active duty and shall be renewed annually, with an initial term not to exceed two (2) ems_ 2. The property shall meet the requirements identified in section a) of this subdivision. Subd. 6: Lot Area Requirements. a) Minimum Area: 20,000 square feet where municipal sanitary sewer and water services are not available. b) Minimum Area where served by municipal sewer and water: 11,000 square feet. c) Average width of not less than 75 feet and an average depth of not less than 125 feet. Subd. 7: Setback Requirements. a) Front yard setbacks of not less than 30 feet on all public right -of -ways, unless: 1. 30 percent or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed a greater or less depth of front yard in which instance no new building or portion thereof shall project beyond a straight line drawn between the point closest to the street line of the residence upon either side of proposed structure or, 2. If there are residences upon only one side, then beyond the straight line projected from the front of the nearest residences. 3. Nothing in this regulation shall be interpreted to require a front yard of more than 50 feet. 4. Where the street is curved, the line shall follow the curve of the street rather than to be a straight line. b) Side yard setbacks shall be ten (10) feet from the property line for the main structure and any garage or accessory structure. Where the side yard abuts a public right of way, the side yard setback shall be thirty (30) feet from the main structure and any garage or accessory structure. Section 52.27, Subd. 7b amended 1/07 c) Rear yard shall have a depth of not less than 20 percent of the depth of the lot. 52.27 -4 ORDINANCE 52 — ZONING ORDINANCE d) No part of the structure including footings, soffits, gutters or other overhangs shall encroach on easement areas. Subd. 8: Height Requirements. a) No building shall exceed 22 stories or shall it exceed 35 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. 9: Site Coverage. a) No structure or combination of structures shall occupy more than 30% of the lot area. b) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces shall include all structures, parking spaces and driveway connecting the parking space with a street or alley. Section 52.27, Subd. 9 amended 1/07 Subd. 10: Si s. a) In R -1 Single Family Districts the following requirements shall apply to all signs: 1. No sign shall be placed closer than ten feet (10') to any property line, except directional signs which have a zero foot (0') setback. 2. No sign shall be placed in any interior side yard 3. No sign shall be mounted on the roof of a building. 4. No signs shall violate the front, side or rear yard requirements. Signs shall not be placed in the public right -of -way or easements. 6. Flashing or rotating signs resembling emergency vehicles shall not be permitted. 7. Illuminated signs are not allowed. b) No advertising or business signs shall be permitted, except signs advertising a permitted home occupation limited to an overall area of six (6) square feet. c) The following temporary signs shall be allowed and are subject to the same provisions in Subd. 2 (a — c) and are limited to an overall area of six (6) square feet. 52.27 -5 ORDINANCE 52 — ZONING ORDINANCE 1. Campaign 2. Garage Sale 3. Real Estate d) One unlighted sign having a surface area not exceeding fifty square feet (50') per face with an aggregate total of one hundred (100) square feet and a height not exceeding eight feet (8') per vehicle entrance identifying each subdivision or housing development. Such signs are subject to the following provisions: 1. Landscaping must be provided around the base of the sign. 2. The entrance to a development shall be one that abuts a collector or arterial road. 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. 11: Yard Cover. Every yard on a premise on which a dwelling stands shall, within 3 months of issuance of a certificate of occupancy, be provided with lawn or combined lawn cover of vegetation, gardens, hedges, shrubbery, and related decorative materials and such yards shall be maintained consistent with prevailing community standards. If a certificate of occupancy is issued between the months of November and April, the 3 month period shall begin to run on May 1 st. Subd. 12: 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. 13: 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: 52.27 -6 ORDINANCE 52 — ZONING ORDINANCE 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. 52.27 -7 THIS PAGE INTENTIONALLY LEFT BLANK