HomeMy WebLinkAbout[06a] Ordinance Amendments - Business DistrictsCITY OF ST. JOSEPH
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
Planning Commission Agenda Item 4 C-e
November 6, 2011
Ordinance Amendments — Business Districts
Administration
PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission has previously agree
discussed the provisions in the Business Zoning District that required a special use permit for drive thru's
(62 and 133) or the prohibition (131). After discussion the Planning Commission requested that staff
prepare an amendment whereby Drive thru's would no longer require a Special Use Permit.
BACKGROUND INFORMATION: The 131 Zoning District also included a contradiction —under the
development plan process a Developer did not need to secure Planning Commission approval for
landscape and building material if the use is consistent with the zoning district. However, under other
provisions, Planning Commission approval is stated as required for landscaping and building material. If
it was the intent to not require Planning Commission approval the sections requiring such should be
deleted if you would like authority the development plan section needs to be amended.
ATTACHMENTS: Request for Planning Commission Consideration
Hearing Notice
Amendment
Ordinance
REQUESTED PLANNING COMMISSION ACTION: Recommend the City Council amend the Business
Zoning Districts to allow for Drive Thru Businesses and to amend B1 to remove the provision requiring
Planning Commission approval of landscaping and building material in a 131 Zoning District.
J -L� �-� CITY OF ST. JOSEPH
WWW.cltyof stjoseph.corn
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
Ju dy Weyrens 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 Tick 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.cityofstioseph.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 56374
Phone 3zo.363.7201 Fax 310.363.0342
AMENDMENT TO ORDINANCE
Commercial Zoning Districts — B1, B2, B3
The Planning Commission for the City of St. Joseph hereby recommends the City Council amend
the following Ordinances:
Ordinance 52.31 B1 Central Business District
Subd. 2(cc): delete "excluding drive in service."
Subd. 7(a): delete in its entirety
Subd. 7(b): delete in its entirety
Subd. 7(e): Add the following provision:
7 (e) Drive Thru and Convenience Food. All proposed development which
includes a drive thru must provide an internal site pedestrian circulation
system which illustrates that appropriate provisions are included to
protect such areas from encroachments by parked or moving vehicles.
Ordinance 52.32 B2 Highway Business District
Subd. 2(s): delete "excluding drive thru restaurants."
Subd. 4(m): delete its entirety
Subd. 90): Add the following provision:
9 0) Drive Thru and Convenience Food. All proposed development which
includes a drive thru must provide an internal site pedestrian circulation
system which illustrates that appropriate provisions are included to
protect such areas from encroachments by parked or moving vehicles.
Ordinance 52.33 B3 General Business District
Subd. 2(s): delete "excluding drive in service.
Subd. 3(e): delete its entirety
Subd. 90): Add the following provision:
9 0) Drive Thru and Convenience Food. All proposed development which
includes a drive thru must provide an internal site pedestrian circulation
system which illustrates that appropriate provisions are included to
protect such areas from encroachments by parked or moving vehicles.
(SIGNATURE PAGE TO FOLLOW)
This amendment is recommended for approval on this day of , 2011.
CITY OF ST. JOSEPH
S. Kathleen Kalinowski, Chair
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, ° e l u di g drive in sen °
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:
1. Where a lot abuts an alley, the rear yard setback shall be ten (10) feet;
2. Where a lot abuts a residential district, the rear yard setback shall be
twenty (20) feet.
Subd. 6: Height Requirements Any portion of a structure shall not exceed 3 stories or 40
feet in height. Berming the building does not allow a building to be constructed higher than 35
feet. Elevation for the building shall be determined by the average grade of the land.
Subd. 7: Other Requirements
Ea) 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.
dh) No outdoor storage shall be allowed.
ec) Single tenant retail buildings shall not exceed 10,000 square feet.
€d) A Lock Box shall be installed on all buildings before a certificate of occupancy
will be issued.
e) Drive Thru and Convenience Food. All proposed development which includes a
drive thru must provide an internal site pedestrian circulation system which
illustrates that appropriate provisions are included to protect such areas from
encroachments by parked or moving vehicles.
Subd. 8: Site Coverage No structure or combination of structures shall occupy more
than 90 percent of the lot area.
Subd. 9: Sigma 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:
52.31 -4
ORDINANCE 52 — ZONING ORDINANCE
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.
2. Such sign except a directional sign, is erected only on the premise on
which the use, to which the sign relates, is conducted.
3. Notwithstanding the above, where to or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates. For the purpose of this
subdivision, a combination of two or more business operations within a
single structure includes, but is not limited to, shopping centers, shopping
malls, and subdivided retail, office or industrial buildings offered for lease
or condominium ownership.
4. All freestanding Business Signs shall be landscaped around the base.
Except for monument signs, the surface area of the base of any Business
Sign shall not exceed 25% of the face area unless structural engineering
illustrates the face cannot meet the wind loading requirement of the
Building Code.
52.30, Subd. 9.a. amended 4/2005
( *section subsequently renumbered)
b) Advertising signs or pylon signs shall not be permitted
c) Wall signs shall not project above the roof.
1. That the sign does not exceed one square foot per lineal lot front foot or
fifteen percent (15 %) of the building frontage area, or fifty square feet
which ever is the lesser.
d) Maximum height of a sign is 15 feet above ground
e) Sign Removal All signs not maintained and kept in good repair or in non
compliance of the St. Joseph Code of Ordinances shall be subject to removal upon
direction of the City Building Inspector.
Subd. 10: Development Plan Requirements 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
52.31 -5
ORDINANCE 52 — ZONING ORDINANCE
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 4/2005 ( *section subsequently renumbered)
Section 52.31 Subd 10 amended 10 /10
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 /AgEeement
52.31 -6
ORDINANCE 52 — ZONING ORDINANCE
Payment Re uired Any person filing a petition requesting development
plan review shall pay a fee according to the schedule established by the
City Council.
2. Amount Fees payable under this section for development plan review
shall be in an amount as established by resolution of the City Council.
Preparation and review of all elements of the required development plan,
as listed and described above, is to be at the sole expense of the developer
and at no expense to the public. The fee is payable at the time of filing a
petition and is not refundable. In addition to the above fees and in the
event the City incurs professional fees, either legal, engineering or
professional planners, or any other cost, including but not limited to,
postage and publication expenses, the applicants shall reimburse the City
for those fees, and the City officials may require an escrow deposit,
cashier's check or letter of credit for these fees prior to the final action on
the application for development plan review. Such escrow or letter of
credit shall be in the form approved by the City Attorney.
3. Development Agreement In the event additional review by the City or its
assigns is anticipated and/or needed during implementation of
Development Plan, or other similar circumstance, the City shall require the
property owner(s) and/or developer(s) enter into a development agreement
with the City. The development agreement shall stipulate the conditions
for approval and the City's authority to inspect the development. The
agreement shall further require the owner or developer, as the case may
require, furnish a cashier's check, escrow account or irrevocable letter of
credit in favor of the City in an amount equal to 110% of all costs
associated with City's review of the development, including but not
limited to, engineering, legal, fiscal and administrative, as estimated by the
City. Such escrow or letter of credit shall be in the form approved by the
City Attorney, shall be conditioned upon the approval of the development
plan.
Subd. 11: Additional Requirements Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
Subd. 12. Regulation of Activities Adjacent to Wetlands
a) The following activity shall be subject to a 50 foot setback from wetlands: The
construction or maintenance of a building attached to a foundation, including but
not limited to, pole buildings. For purposes of this paragraph, pump houses,
moveable storage sheds, recreational docks and storm water or erosion control
devices shall not be considered buildings.
b) The following activity shall be subject to a 75 foot setback from wetlands: The
52.31 -7
ORDINANCE 52 — ZONING ORDINANCE
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.
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.
52.3 1, Subd. 13, added 1/07
52.31 -8
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, exeept d +k w n+.,,,,..,., +s
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.
Section 52.32 Subd 2 amended 10/10 (section subsequently numbered)
Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the Highway 75 Business District and subject to all the requirements in this
Section:
a) Commercial or business building for a use accessory to the principal use, not to
exceed 30% percent of the size of principal structure.
b) Signs which meet the criteria of Subdivision 9 of this section.
C) Temporary buildings for construction purposes for a period not to exceed
construction.
d) Off - street loading and parking areas, subject to applicable section(s) of this
Ordinance.
e) Fences, landscaping.
52.32 -2
ORDINANCE 52 — ZONING ORDINANCE
Subd. 4: Uses Under Special Use Permit The following uses shall require a Special Use
Permit based on the procedures set forth in Section 52.07.03 of this Ordinance:
a) Auto malls and/or automobile service and gas stations, provided that:
Motor fuel facilities are installed in accordance with state and city
standards.
2. Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are
to be positioned to allow adequate access by motor fuel transports and
unloading operations minimize conflict with circulation, access and other
activities on the site.
3. Wherever fuel pumps are to be installed, pump islands shall be installed.
4. A protective canopy located over the pump island(s) may be an accessory
structure on the property; however, adequate visibility both on and off
site shall be maintained.
5. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
b) Office warehousing.
c) Lawn and garden temporary sales area.
d) Lumber yards and home improvement retail centers.
e) New or used auto dealerships.
f) Stone building material sales and service.
g) Recreational vehicle sales and services.
h) Transportation terminals, public utility and transfer stations, without storage
yards.
i) Equipment Services
Radio and television shops
2. Appliance repair shops
Appliance show rooms
52.32 -3
ORDINANCE 52 — ZONING ORDINANCE
j) Recreational Services
1. Theaters
2. Bowling establishments
3. Clubs and lodges
k) Hotels
1) Motels
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.
52.32 -4
ORDINANCE 52 — ZONING ORDINANCE
p) Postal Stations
q) Uses determined to be of a similar nature as those permitted under Subd. 1, upon
a finding that the uses will not be detrimental to the health, safety and welfare of
the City, and that the use is consistent with the stated intent of the zone as
contained in Subd. 1.
Subd. 5: Conditions Applicable to All Special Use Permits The following conditions
are applicable to all uses under a special use permit:
a) When abutting a residential use in a residential use district, the property is
adequately screened and landscaped.
b) Parking areas shall be screened from the view of abutting residential districts.
c) Vehicular access points shall be limited, shall create minimal conflict with
through traffic movements, shall comply with all appropriate Chapters of this
Ordinance as may be amended and shall be subject to the approval of the City
Engineer.
d) Provisions are made to control and reduce noise in accordance with MPCA
standards.
e) The entire site other than that taken up by a building, structure or plantings shall
be surfaced so as to control dust subject to the approval of the City Engineer.
f) The entire area shall have a drainage system subject to the approval of the City
Engineer.
g) The architectural appearance and functional plan of the building and site shall not
be so dissimilar to the existing buildings or area so as to cause impairment in
property values or constitute a blighting influence within a reasonable distance of
the lot.
h) All outdoor storage shall be completely screened from view.
Subd. 6: Uses Under Interim Use Permit: The following uses shall require an Interim
Use 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.
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.
Section 52.32 Subd 6 amended 10 /10 (following Subd subsequently numbered)
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) Property adjacent to County State Aid Highway 75 Shall have a ten (10) foot
landscaped setback from the highway right -of -way line. Any structure shall have
a twenty (20) foot setback from the highway right -of -way.
C) Front yard Setback shall be twenty (20) feet from the lot line.
d) Side yard Setback shall be ten (10) feet from the lot line. If the property's side
yard is adjacent to County State Aid Highway 75, the setback shall conform to
Subd. 5 (a) of this Section.
e) Rear yard Setback shall be ten (10) feet from the lot line, 35 feet if abutting a
residential district.
f) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
52.32 -6
ORDINANCE 52 — ZONING ORDINANCE
Subd. 7: Height Requirements.
a) Any portion of a structure shall not exceed 3 stories or 40 feet in height. Berming
the building does not allow a building to be constructed higher than 40 feet.
Elevation for the building shall be determined by the average grade of the land.
Subd. 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.
52.32 -7
ORDINANCE 52 — ZONING ORDINANCE
h) Sins 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
will be issued.
Drive Thru and Convenience Food. All proposed development which includes a
drive thru must provide an internal site circulation system which illustrates that
appropriate provisions are included to protect such areas from encroachments by
parked or moving vehicles.
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)
Section 52.32 Subd 10 amended 10 /10
a) Building location on the lot, drawn to scale.
b) Building elevations; front, rear and side
c) Building exterior materials and color.
d) Locations of ingress and egress points.
e) Dumpster and solid waste pick -up areas and proposed screening material.
f) Sign location and dimensions.
g) Lighting standard and hood detail.
h) Parking and loading areas identified.
i) Drainage by the use of arrows and/or contours.
j) Screening of heating, ventilation and air - conditioning equipment.
k) Landscaping material including the location, type of plant and size.
1) Fire hydrant and fire lane locations.
m) Utility locations.
52.32 -8
ORDINANCE 52 — ZONING ORDINANCE
n) Any other fencing, screening, or building accessories to be located in the
development area.
o) When required, evidence of completion of National Pollutant Discharge
Elimination System (NPDES) permitting program and/or the City of St. Joseph
Storm Water Pollution Prevention Program (SWPPP).
p) If applicable, evidence of compliance with federal, state and local pollution and
nuisance laws and regulations, including, but not limited to glare, smoke, dust,
odors and noise. The burden of proof for compliance with appropriate standards
shall lie with the applicant.
q) Required Fee /Agreement
1. Payment Required Any person filing a petition requesting development
plan review shall pay a fee according to the schedule established by the
City Council.
2. Amount Fees payable under this section for development plan review
shall be in an amount as established by resolution of the City Council.
Preparation and review of all elements of the required development plan,
as listed and described above, is to be at the sole expense of the developer
and at no expense to the public. The fee is payable at the time of filing a
petition and is not refundable. In addition to the above fees and in the
event the City incurs professional fees, either legal, engineering or
professional planners, or any other cost, including but not limited to,
postage and publication expenses, the applicants shall reimburse the City
for those fees, and the City officials may require an escrow deposit,
cashier's check or letter of credit for these fees prior to the final action on
the application for development plan review. Such escrow or letter of
credit shall be in the form approved by the City Attorney.
3. Development Agreement In the event additional review by the City or its
assigns is anticipated and/or needed during implementation of
Development Plan, or other similar circumstance, the City shall require the
property owner(s) and/or developer(s) enter into a development agreement
with the City. The development agreement shall stipulate the conditions
for approval and the City's authority to inspect the development. The
agreement shall further require the owner or developer, as the case may
require, furnish a cashier's check, escrow account or irrevocable letter of
credit in favor of the City in an amount equal to 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.
52.32 -9
ORDINANCE 52 — ZONING ORDINANCE
Subd. 11: Sigma 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 Sian A sign that is related to the business located on the same
property to which it is located.
2. Wall Sian A sign painted or placed against or attached to the exterior
wall surface of a building or structure.
3. Advertising Sian 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:
Signs shall have a surface area not exceeding one hundred square feet per
sign face with an aggregate total not to exceed two hundred (200) square
feet if double faced.
2. Such sign except a directional sign, is erected only on the premise on
which the use, to which the sign relates, is conducted.
3. Notwithstanding the above, where two or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates.
For the purpose of this subdivision, a combination of two or more business
operations within a single structure includes, but is not limited to,
shopping centers, shopping malls, and subdivided retail, office or
industrial buildings offered for lease or condominium ownership.
4. All freestanding Business Signs shall be landscaped around the base.
Except for monument signs, the surface area of the base of any Business
Sign shall not exceed 25% of the face area unless structural engineering
illustrates the face cannot meet the wind loading requirement of the
Building Code.
52.32 -10
ORDINANCE 52 — ZONING ORDINANCE
5. The maximum height of a Business Sign shall be 15 feet.
52.31, Subd. 10.b. amended 4/2005 ( *section subsequently renumbered)
C) Wall signs may be placed or painted against the exterior wall or surface of a
building or structure and are subject to the following regulations:
That the wall sign does not exceed one and one -half ( 1 %) 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:
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.
Section 52.32 Subd 12 (Interim Use Permits) removed
52.32 -11
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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, e •lud g ,a„
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
C) DFive thFough and food establishments, provided that an inter-nal sit-e
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:
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.
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 Accessory 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
ORDINANCE 52 — ZONING ORDINANCE
Subd. 5: Lot Size. Minimum lot size is 10,000 square feet with a minimum width of 100
feet.
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) Lock Box. A Lock Box shall be installed on all buildings before a certificate of
occupancy will be issued.
j) 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.
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)
Section 52.33 Subd 10 amended 10 /10
a) Building location on the lot, drawn to scale.
b) Building elevations; front, rear and side.
52.33 -5
ORDINANCE 52 — ZONING ORDINANCE
c) Building exterior materials and color.
d) Locations of ingress and egress points.
C) 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
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
52.33 -6
ORDINANCE 52 — ZONING ORDINANCE
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 -3 General Business district the general provisions apply to all
signs.
a) Business and Wall signs may be erected, attached or painted on to a structure and
advertising signs shall be prohibited. They are defined as follows:
1. Business Sign A sign that is related to the business located on the same
property to which it is located.
2. Wall 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.
52.33 -7
ORDINANCE 52 — ZONING ORDINANCE
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.
52.32, Subd. I 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 t /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.
52.33 -8
ORDINANCE 52 — ZONING ORDINANCE
b) The following activity shall be subject to a 75 foot setback from wetlands:
The construction or maintenance of paved driveways or areas designed for
the parking of a vehicle or trailer.
C) The following activities shall be subject to a 100 foot setback from
wetlands:
1. The construction or maintenance of a well used for agricultural
irrigation, or any well less than 50 feet in depth.
2. External storage of materials used in conjunction with industrial or
commercial processing or manufacturing.
3. The storage of waste or refuse generated by industrial or
commercial activities.
4. The construction or maintenance of a septic system.
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
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