HomeMy WebLinkAbout[02] Ordinance AmendmentsORDINANCE 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.
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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.
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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.
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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 'h 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
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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 shall 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.
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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.
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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.
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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) Lighting. 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.
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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)
Section 52.34 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.
52.34 -9
signs.
ORDINANCE 52 — ZONING ORDINANCE
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
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 TemporarSigns.
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.
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. Length 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
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
circumstances, each individual business operation may be permitted to
52.34 -11
ORDINANCE 52 — ZONING ORDINANCE
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.
S. The maximum height of a Business Sign shall be 15 feet.
52.33, Subd. 1 I c 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.
2. External storage of materials used in conjunction with industrial or
commercial processing or manufacturing.
52.34 -12
ORDINANCE 52 — ZONING ORDINANCE
The storage of waste or refuse generated by industrial or
commercial activities.
The construction or maintenance of a septic system.
52.34 -13
ORDINANCE 52 - ZONING ORDINANCE
Section 52.31: B -I 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.
fj 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.
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 Coveraize. No structure or combination of structures shall occupy more
than 90 percent of the lot area.
Subd. 9: Signs. In the Central Business district, the general provisions apply to all signs:
a) Business signs may be erected and maintained in conjunction with a commercial
use provided:
1. Signs shall have a surface area not exceeding fifty (50) square feet per
sign face with an aggregate total not to exceed 100 square feet if double
faced.
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.
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
I . 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 4/2005 (*section subsequently renumbered)
52.31 -5
ORDINANCE 52 - ZONING ORDINANCE
Section 52.31 Subd 10 amended 10110
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.
Payment Required. Any person filing a petition requesting development
plan review shall pay a fee according to the schedule established by the
City Council.
52.31 -6
ORDINANCE 52 — ZONING ORDINANCE
2. Amount. Fees payable under this section for development plan review
shall be in an amount as established by resolution of the City Council.
Preparation and review of all elements of the required development plan,
as listed and described above, is to be at the sole expense of the developer
and at no expense to the public. The fee is payable at the time of filing a
petition and is not refundable. In addition to the above fees and in the
event the City incurs professional fees, either legal, engineering or
professional planners, or any other cost, including but not limited to,
postage and publication expenses, the applicants shall reimburse the City
for those fees, and the City officials may require an escrow deposit,
cashier's check or letter of credit for these fees prior to the final action on
the application for development plan review. Such escrow or letter of
credit shall be in the form approved by the City Attorney.
3. Development Agreement. In the event additional review by the City or its
assigns is anticipated and/or needed during implementation of
Development Plan, or other similar circumstance, the City shall require the
property owner(s) and/or developer(s) enter into a development agreement
with the City. The development agreement shall stipulate the conditions
for approval and the City's authority to inspect the development. The
agreement shall further require the owner or developer, as the case may
require, furnish a cashier's check, escrow account or irrevocable letter of
credit in favor of the City in an amount equal to 110% of all costs
associated with City's review of the development, including but not
limited to, engineering, legal, fiscal and administrative, as estimated by the
City. Such escrow or letter of credit shall be in the form approved by the
City Attorney, shall be conditioned upon the approval of the development
plan.
Subd. 11: Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
Subd. 12. Regulation of Activities Adjacent to Wetlands.
a) The following activity shall be subject to a 50 foot setback from wetlands: The
construction or maintenance of a building attached to a foundation, including but
not limited to, pole buildings. For purposes of this paragraph, pump houses,
moveable storage sheds, recreational docks and storm water or erosion control
devices shall not be considered buildings.
b) The following activity shall be subject to a 75 foot setback from wetlands: The
construction or maintenance of paved driveways or areas designed for the parking
of a vehicle or trailer.
52.31 -7
ORDINANCE 52 - ZONING ORDINANCE
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 -5
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.
Section 52.32 Subd 2 amended IOno (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:
I . 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
52.32 -3
ORDINANCE 52 - ZONING ORDINANCE
j) Recreational Services.
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.
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.
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.
Section 52.32 Subd 6 amended 10110 (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) Propg!y 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 vard. 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) Li tin . 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) Signs. 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.
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.
n) Any other fencing, screening, or building accessories to be located in the
development area.
52.32 -5
ORDINANCE 52 - ZONING ORDINANCE
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.
I . Pavment 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.
52.32 -9
ORDINANCE 52 - ZONING ORDINANCE
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 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:
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)
52.32 -10
ORDINANCE 52 - ZONING ORDINANCE
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:
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
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: Sj2ecial 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) 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.
fl 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.
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 fi»m encroachments by
parked cars or moving vehicles.
h) Uses determined to be of a similar nature as those permitted under Sub(L 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. 1 I 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) PropMy 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. 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 Coverase. No structure or combination of structures shall occupy more
than 60 percent of the lot area.
Subd. 9: Other Requirements.
a) Parkins 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) Landscanins. 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 "numbered)
Section 52.33 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.
52.33 -5
ORDINANCE 52 - ZONING ORDINANCE
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.
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
52.33 -6
ORDINANCE 52 - ZONING ORDINANCE
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 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:
I . 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
52.33 -7
ORDINANCE 52 - ZONING ORDINANCE
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. 1 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 %) 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 -5
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
CHAPTER V - BUILDING, LAND USE & REGULATIONS
ORDINANCE 56 FENCE ORDINANCE
Section 56.01: APPLICATION. This ordinance shall apply to the construction and
maintenance of all walls or fences, to include living fences as defined herein, within the City.
This Ordinance shall be applied in conjunction with Ordinance 52.12, Subd. 2, and be interpreted
consistent therewith. The requirements of this Ordinance may also be subject to modification by
the terms or conditions of a Conditional Use Permit or Rezoning applicable to an individual
parcel of property.
Section 56.02: PiIItM. This Ordinance was enacted for the following purposes:
a) To regulate fence or wall construction and location.
b) To protect property from a loss of use, enjoyment or value due to the construction
of aesthetically objectionable fences or walls on adjacent property.
c) To assure that tenccs and walls are constructed on the property line or within the
property of the party who will maintain the wall or fence.
d) To assure consistency in the location of fences and walls constructed in residential
districts.
e) To require walls and fences be constructed of a low maintenance material.
f) To require walls or f+aaces to be constructed of non -toxic materials.
Section 56.03: . Prior to constructing or -assns rutting a fence or wall within
the City, the person or entity owning the property on which the wall or femme is to be constructed
or reconstructed shall fast secure a fence permit from the City Administrator /Clerk. A permit
fee, in an amount set by resolution of the City Council, shall be paid at the time the application
for a permit is submitted. The application shall contain the following:
a) Legal description of the property on which the fence or wall is to be constructed
or reconstructed,
b) Sketch showing the location of the fence or wall on the property,
c) A description of the materials to be used in the construction of the fence or wall,
d) A description or sketch of the design and dimensions of the fence, or wall,
56-1
CHAPTER V - BUILDING, LAND USE & REGULATIONS
e) Compliance with the provisions of Section 56.07 (Border fence or wall).
The application shall be referred to the City Building Inspector for review and the
issuance of 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 Ordinance.
Section 56.04: FEN,CEHEI W
a) 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.
b) Fences and walls located in a commercial area shall not exceed the height of eight
feet; except no fence shall be permitted in the front yard, unless the fence
enhances the visual appearance of the sitellandscaping and the fence does not
exceed two feet in height and is of a reasonable linear length. Chain link fences,
including those with slats are prohibited when visible from the public right of
way.
c) Fences and walls in an industrial area shall not exceed eight feet unless a higher
fence or wall is approved as part of the special use permit allowing the industrial
use.
d) If two different zones abut, the zoning requirements of the prolwty owner
constructing the fence shall control.
Section 56.05: FENCE MATERIALS . Fences shall. be constructed out of wood or
maintenance free materials as listed in section 52.07(a) of this Ordinance. Walls shall be
constructed out of stone or brick not less than four inches nor more than twenty -four inches in
width and shall be set on a firm foundation half again as wide at the base as the wall and resting
on footings located below the frost line. All chain link fences shall be made out of a non -rust
material. Barbed wire and electrical fences are strictly prohibited except as allowed by special
use permit in an industrial area Use of creosote lumber is strictly prohibited.
0r4MMM M AmwdW miasns
Section 56.06: I�. M-Q EEN M . 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 or her property.
a) A fence or wall constructed of maintenance -free materials my be constructed
adjacent to the property line so long as all parts of the fence, including post
56-2
CHAPTER V - BUILDING, LAND USE & REGULATIONS
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 purposes of this paragraph, the term "maintenance -free materials" shall
include stone, brick, stucco, vinyl, plastic, or chain -link which is finished with a
rust resistant material.
b) Fences and walls shall be constructed at least two feet inside the property line or
adjacent to the property line, unless the, fence or wall is constructed of
maintenance -free materials in accordance with paragraph (a) of this section.
c) For any fence or wall located within six feet of a property line, that side of the
fence which presents the most finished appearance, shall be the side which faces
the adjacent property.
d) 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 mobility for purposes of maintenance.
Section 56.08: VARIANCE. Provisions of this ordinance may be varied by the City
Council upon application, and after consideration and hearing by the Planning Commission with
recommendation to the City Council. A fence variance application fee may be established by
resolution of the City Council. In considering an application for a variance, the purposes for the
enactment of the Ordinance (Section 56.02) should be considered.
Section 56.09: . This Ordinance shall apply only to fences
and walls constructed or reconstructed after July 1, 2012. Any pre- existing fence that does not
conform with the provisions thereof shall not be altered, extended or reconstructed except in
conformance with this Ordinance.
a) AU fence 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.
b) No fence or wall may be maintained in a location which obstructs the ability of a
driver of motor vehicle to see other drivers or pedestrians on any street or alley.
Section 56.11: EMERO W CY ACCESS 70 FINCED 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) filet
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.
56-3
CHAPTER V — BUILDING, LAND USE & REGULATIONS
Section 56.12: RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS. Fences
may only be erected over an easement if the landowner meets the requirements of St. Joseph
Ordinance Section 32.03(b). If the request for the fence is approved, the City retains the right to
require the landowner to remove or abate the fence where the fence interferes in any manner with
the City's easement use. If there is an emergency necessitating immediate access to the
easement, the City reserves the right to remove the fence to obtain access to the easement. The
landowner shall bear all costs for removal and restoration of the fence in the event the landowner
is required to remove the fence for access to the easement or in the event the City removes the
fence in the case of an emergency. The City specifically reserves all rights of an easement
holder afforded under the common law of the State of Minnesota.
Section 56.13: PENALTIES/REMEDIES. Violation of this ordinance shall constitute a
misdemeanor as defined in this Code of Ordinance. When conditions are made a part of the
terms under which this permit is granted, violation of the conditions is a violation of this
ordinance. The City of St. Joseph may also seek civil remedies, including but not limited to a
Court order directing maintenance or removal of the fence or injunctive relief prohibiting
construction or maintenance of a fence in violation of this ordinance.
Sec. 56.7(&) & (c) twilmd 2J2098
Sex. 56.7(c� 56.12 A 56.13 mneaW 1/07
Ordbum Amoded 0710112
564
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 I /07
b) All garages shall, if the vehicle entrance backs upon a public alley, be setback at
least five (5) feet from the public alley right -of -way.
c) In no case shall the door of any structure, building, fence or improvement be
erected or constructed so as to extend beyond any lot line.
d) In business and manufacturing districts, accessory buildings and uses may occupy
any of the ground area which the principal building is permitted to occupy.
Accessory buildings such as buildings for parking attendants, guard shelters, gate
houses and transformer buildings, may be located in the front or side yard in the
Industrial District.
e) Within the R -1 and R -2 districts no accessory structures, including attached
garages, or any combination of accessory structures shall exceed 1,350 square feet
or ten percent (10%), whichever is the lesser, of the total lot area. In addition, lot
coverage requirements outlined within the respective districts shall be adhered to.
f) The same or similar quality exterior building materiel shall be used on the
accessory building and the principal building.
g) Accessory buildings other than garages shall be limited to ten (10) feet in height
in all single and two family and townhouse unit lots.
52.12 -1
ORDINANCE 52 - ZONING ORDINANCE
h) Detached garage sidewalls shall not exceed ten feet and the pitch shall be no
greater than that of the principal structure.
i) The roof slope shall be no granter than the steepest roof slope of the principal
structure, nor less than the average of the roof slopes of the principal structure.
Subd.2: Fencing.
a) Application. This Section shall apply to the construction and maintenance of all
walls or fences, to including living fences as defined herein, within the City.
These standards shall be applied in conjunction with other standards contained in
this Ordinance and be interpreted consistent therewith.
b) Purpose - Fencing Standards. This sub - section is designed to:
1. Regulate fence or wall location.
2. Protect property from a loss of use, enjoyment or value due to the
construction of aesthetically objectionable fences or walls on adjacent
property.
3. Assure that fences and walls are constructed on the property line or within
the property of the part who will maintain the wall or fence.
4. Assure consistency in the location of fences and walls constructed in
residential districts.
5. Require walls and fences be constructed of low- maintenance material.
6. Require walls or fences to be constructed of non -toxic materials.
c) Fence Permit Required. Prior to constructing or reconstructing a fence or wall
within the City, the person or entity owning the property on which the wall or
fence is to be constructed or reconstructed shall secure a fence permit from the
City. A permit fee may apply. Upon completion the application shall be referred
to the Building Inspector for review and the issuance of a permit upon a
determination that the proposal complies with this Ordinance. The fence or wall
shall be inspected by the Building Inspector upon completion of construction or
reconstruction to assure compliance with this Section.
The permit application shall contain the following:
1. Legal description of the property on which the fence or wall is to be
constructed or reconstructed.
2. Sketch showing the location of the fence or wall on the property.
52.12 -2
ORDINANCE 52 — ZONING ORDINANCE
3. A description of the materials to be used in the construction of the fence or
wall.
4. A description or sketch of the design and dimensions of the fence or wall.
5. Compliance with the provisions of this section of Ordinance 52.
d) Fence Height.
I . 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 sitellandscaping
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.
Section 52.12 Subd 2d amended 10/10
e) Fence Materials.
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.
5. Decorative, landscape, retaining and/or privacy walls may be constructed
out of stone masonry or brick provided they are: not less than four inches
52.12 -3
ORDINANCE 52 - ZONING ORDINANCE
or more than 24 inches in width; set on a firm foundation which is not less
than 150% of the width of the wall at the base; and, resting on footing
located below the frost line.
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.
Section 52.12 subd 2e amended 10/10
0 Living Fences. Living fences may be constructed out of trees or shrubs. Trees
and shrubs used as fencing are not restricted in height; except the height of the
living fence located to the front of a residential structure shall not exceed four
feet. The owner of the property adjacent to a living fence may trim or prune that
part of the tree or shrub which extends across the property line over his/her
proderty.
g) General Standards - Fences.
1. Fences and walls shall be constructed at least two feet inside the property
line, or adjacent to the property line, unless the fence or wall is
constructed of maintenance -free materials in accordance with Subdivision
G3. of this Section.
2. That side of the any fence considered to be its evident finished side or face
(i.e. the finished side having no structural supports) shall front abutting
property. If the fence is located in a commercial or industrial district and
visible to the public from both sides, as determined by the City
Administrator /Clerk, it shall contain finished surfaces on both the interior
and exterior of the fence.
3. A fence or wall constructed of maintenance -free materials may be
constructed adjacent to the property line so long as all parts of the fence,
including post anchors, are located within the property of the owner and so
long as the bottom of the fence (exclusive of posts or anchors) is at least
two inches above the ground. For the purposes of this paragraph, the term
`maintenance -free materials' shall include stone, brick, stucco or chain
link which is finished with a rust resistant material.
4. No fence shall be constructed which is approximately parallel to an
existing fence and closer than two feet so as to create an area between the
fences which has limited accessibility for purposes of maintenance.
52.12-4
ORDINANCE 52 — ZONING ORDINANCE
h) Maintenance of Fence.
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 This Section shall apply only to fences and walls
constructed or reconstructed after July 1, 1992. Any pre - existing fence that does
not conform with the provisions thereof shall not be altered, extended or
reconstructed except in conformance with this Section.
j) Emergency Access to Fenced Areas. An access opening for emergency entrance
shall be incorporated into any fenced areas within which a building is totally or
partially located. For residential use property the access opening shall be at least
four (4) feet in width. For commercial or industrial use property, the access
opening shall be at least fourteen (14) feet in width. A gate or unfenced area shall
qualify as an access opening if of sufficient width.
Subd. 3: Screening and Landscaping.
a) Required Screening. In all commercial and industrial districts adjacent to
residential districts and not divided by streets there shall be provided along the
property line a fifteen (15) foot wide planting strip composed of grass, trees and
shrubs. A screening fence may be utilized when approved by the Planning
Commission. Such fence shall not exceed eight (8) feet in height nor be less than
six (6) feet in height.
b) Landscape/Vegetation Covering Requined. 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 Piantin 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.
52.12 -5
ORDINANCE 52 - ZONING ORDINANCE
Subd. 4: Building and Lot Restrictions.
a) No building shall be erected, converted, enlarged, reconstructed or structurally
altered, nor shall any building or land be used except for a purpose permitted in
the district in which the building or land is located.
b) No building shall be erected, converted, enlarged, reconstructed or structurally
altered to exceed the height limit herein established for the district in which the
building is located.
c) No building shall be erected, converted, enlarged, reconstructed or structurally
altered except in conformity with the area regulations of the district in which the
building is located.
d) The minimum yards and other open spaces, including lot area per family, required
by this Ordinance for each and every building existing at the time of passage of
this Ordinance or for any building hereafter erected shall not be encroached upon
or considered as yard or open space requirements for any other building.
e) Every building hereafter erected or structurally altered shall be located on a lot as
herein defined and in no case shall there be more than one (1) principal building
on one lot unless provided in this Ordinance.
f) On a through street, a lot fronting on two parallel streets, or a corner lot, both
street lines shall be front lot lines for applying yard, setback and parking
requirements, except that for the purpose of determining the location of the rear
yard, the following rules apply:
1. For a comer lot, the rear yard shall be that portion of the yard opposite the
yard frontage as defined by Section 52.4.63;
2. For a through lot, the rear yard shall be that portion of a lot opposite the
street from which the principal structure derives its address.
3. Any use generally permitted within the rear yard of a lot may be permitted
in the rear yard of a through lot or corner lot so long as the use meets all
setback requirements, assuming that the front yard setback applies to all
streets abutting the property.
g) Manufactured homes as defined in this Ordinance shall be limited to locations
provided in the district provisions.
h) Any dwelling constructed in an area zoned R -1, on a lot of a plat approved by the
City on or after July 15, 1991, shall include an attached or detached private garage
of at least 20 feet in width and 22 feet in depth. For purposes of this ordinance,
width shall be measured on the side of the garage having an overhead garage door
for motor vehicle access.
52.12 -6
ORDINANCE 52 - ZONING ORDINANCE
i) Residential lots shall have no more than a single curb cut providing access to the
lot. The curb cut shall not be more than 24 feet in width.
j) No galvanized or unfinished steel, galvalum or unfinished aluminum buildings
(walls or roofs) (except those specifically intended to have a corrosive designed
finish such as corten steel) shall be permitted in any zoning district except in
association with farming operations.
k) Buildings in all zoning districts shall maintain a high standard of architectural and
aesthetic compatibility with surrounding properties to ensure that they will not
adversely impact the property values of the abutting properties or adversely
impact the public health, safety and general welfare.
1) Residential dwellings in the R -1, R -2 and R -3 Districts, except those within
approved manufactured home subdivisions:
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.
52.12 -7
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.
52.12 -8
ORDINANCE 52 - ZONING ORDINANCE
A design report and drawings created by a licensed septic system designer
including calculations and summaries for all system component sizing.
3. Additional information as requested and provided for within this
Ordinance.
j) The City shall not issue a zoning permit for a bedroom or bathroom addition, or a
system replacement on a property served by an ISTS unless the individual sewage
treatment system is in compliance with applicable requirements hereunder as
evidenced by a certificate of compliance.
k) A permit for an ISTS shall not become effective until installation has been
completed as certified by the City. The City shall be allowed to inspect the work
at any stage of construction with or without notification. The applicant shall
notify the building inspector when the ISTS is ready for final inspection, and
before any underground portions are covered.
1) Recordkeeping.
1. The City shall maintain copies of certificates of compliance, notices of
noncompliance, permit applications, issued permits, enforcement
proceedings, variance requests, and other actions taken. Said records shall
be available for review as defined in MN Rules 7080.
2. The City shall submit an annual report to the commissioner to demonstrate
enforcement of this Chapter, provided application has been made thereto.
Subd. 7: Lighting Standards. Any lighting used to illuminate an off - street parking area,
sign or other structure, shall be arranged as to deflect light away from any adjoining residential
zone or from the public streets. Direct or sky - reflected glare, where from floodlights or from
high temperature processes such as combustion to welding shall not be directed into any
adjoining property. The source of lights shall be hooded or controlled in some manner so as not
to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of
adjacent property or public right -of -way. Any light or combination of lights which case light on
a public street shall not exceed one (1) foot candle (meter reading) as measured from the center
line of said street. Any light or combination of lights which cast light on residential property
shall not exceed 0.4 foot candles (meter reading) as measured from said property.
Subd. 8: Pollution. All uses 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.
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.
52.12 -9
ORDINANCE 52 -- ZONING ORDINANCE
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 stora . 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 th tan and
% ton pickups, panels and sedans.
Section 52.12 Subd 10a (IB) amended 10/10
52.12 -10
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:
1. The area occupied is not within a required front or required side yard.
2. The storage area is totally fenced, fully screened, and landscaped
according to a plan approved by the City Administrator /Clerk.
3. If abutting a Residential District, or a residential use, screening and
landscaping is provided according to a plan approved by the City
Administrator /Clerk.
4. The storage area is covered to control dust and storm water drainage with
bituminous surfacing, concrete or a comparable substitute approved by the
City.
5. All lighting shall be directed away from the public right -of -way and from
neighboring residences.
c) Refuse. All lots within all zoning districts shall be maintained in a neat and
orderly manner. No rubbish, salvage materials, junk, or miscellaneous refuse
shall be openly stored or kept in the open, when the same is construed by the City
Council to be a menace or nuisance to the public health, safety, or general welfare
of the City, or to have a depressing influence upon property values in the area.
d) Waste Materials. Waste materials are to be picked up and disposed of in
accordance with any and all city standards applicable to refusetwaste materials.
Excluded waste materials must be disposed of in a safe and appropriate manner in
accordance with local, state, and federal law. Release of excluded waste materials
to public or independent sewage treatment systems, the environment, or the solid
waste stream is strictly prohibited. The Disposal Service shall, upon collection,
52.12 -11
ORDINANCE 52 - ZONING ORDINANCE
immediately assume title to and liability for solid waste materials, recyclables,
and demolition debris.
52.12-12
ORDINANCE 52 - ZONING ORDINANCE
Section 52.11: SIGNS
Section 52.11: SIGNS
Subd. 1: Findings. The City Council hereby finds as follows:
a) Exterior signs have a substantial impact on the character and quality of the
environment.
b) Signs provide an important medium through which persons may convey a variety
of messages.
c) Signs can create traffic hazards, aesthetic concerns and detriments to property
values, thereby threatening the public health, safety and welfare.
d) The city's zoning regulations include the regulation of signs in an effort to
provide adequate means of expression and to promote the economic viability of
the business community, while protecting the City and its citizens from a
proliferation of signs of a type, size, and location that would adversely impact
upon the aesthetics of the community and threaten the health, safety and welfare
of the community. The regulation of the physical characteristics of signs within
the City has had a positive impact on traffic safety and the appearance of the
community.
e) Regulations controlling "banners" are specifically set forth in Subd. 16 of this
Ordinance.
Subd. 2: Purpose and Intent. It is not the purpose or intent of this sign ordinance to
regulate the message displayed on any sign; nor is it the purpose or intent of this ordinance to
regulate any building design or any display not defined as a sign, or any sign which cannot be
viewed from outside a building. The purpose and intent of this ordinance is to:
a) Regulate the number, location, size, type, illumination and other physical
characteristics of signs within the city in order to promote the public health, safety
and welfare.
b) Establish standards which permit all persons the opportunity to display a wide
variety of messages; to preserve and protect the value of land, buildings and
landscapes and promote the attractiveness of the community; to ensure that signs
in the City are not a safety hazard to lives and/or property, to preserve order and
to encourage persons to erect permanent signs and discourage temporary and/or
portable signs.
52.11 -1
ORDINANCE 52 - ZONING ORDINANCE
C) Improve the visual appearance of the City while providing for effective means of
communication. consistent with constitutional guarantees and the City's goals of
public safety and aesthetics.
d) Provide for fair and consistent enforcement of the sign regulations set forth herein
under the zoning authority of the City.
Subd. 3: Effect. A sign may be erected, mounted, displayed or maintained in the City if
it is in conformance with the provisions of this ordinance. The effect of this ordinance, as more
specifically set forth herein, is to:
a) Allow a wide variety of sign types in commercial zones, and a more limited
variety of sign types in other zones, subject to the standards set forth in this sign
ordinance.
b) Allow certain small, unobtrusive signs incidental to the principal use of a site in
all zones when in compliance with the requirements of this sign ordinance.
C) Prohibit signs whose location, size, type, illumination or other physical
characteristics negatively affect the environment and where the communication
can be accomplished by means having a lesser impact on the environment and the
public health, safety and welfare.
d) Provide for the enforcement of the provisions of this sign ordinance.
Subd. 4: Severability. If any section, subsection, sentence, clause, or phrase of this Sign
Ordinance is for any reason held to be invalid, such invalidity shall not affect the validity or
enforceability of the remaining portions of this Sign Ordinance. The City Council hereby
declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or
phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses, or phrases be declared invalid.
Subd. 5: Definitions.
a) "Awning sign" - a building sign or graphic printed on or in some fashion attached
directly to the awning material.
b) `Balloon sign" - a sign consisting of a bag made of lightweight material
supported by helium hot or pressurized air which is greater than twenty four 24
inches in diameter.
c) "Banner'- attention - getting device which is of a nonpermanent paper, cloth,
vinyl or plastic like consistency used to promote a specific community event.
c) `Ballpark sign" - a sign (1) securely attached to the outfield fences of a ballpark,
(2) whose content can only be viewed from the `in -play' side of the fencing, (3)
whose size does not cause it to extend in any direction beyond the boundaries of
52.11 -2
ORDINANCE 52 - ZONING ORDINANCE
the fencing that supports it, (4) that poses no danger of cuts or other injury to
persons using said ballpark for its intended purposes, and (5) that does not
otherwise interfere with persons using said ballpark for its intended purposes.
d) "Canopy" - a roof like cover often of fabric plastic metal or glass on a support
which provides shelter over a doorway.
e) "Flashing sign" - a directly or indirectly illuminated sign which exhibits changing
light or color effect by any means so as to provide intermittent illumination which
includes the illusion of intermittent flashing light by means of animation. Also
any mode of lighting which resembles zooming, twinkling or sparkling.
f) "Illuminated Sign" - any sign which has characters, letter figures, designs or
outline illuminated by electric lights or luminous tubes as part of the sign proper
or by indirect lighting.
g) "Marquee" - any permanent roof like structure projecting beyond a theater
building or extending along and projecting beyond the wall of that building
generally designed and constructed to provide protection from the weather.
h) "Monument sign'- a free standing sign in which the entire base of the sign
structure is in contact with the ground, providing a solid and continuous
background for the sign face that is the same width as the sign from the ground to
the top of the sign. The base of the sign shall be constructed of a permanent
material such as concrete block or stone. The sign face shall occupy at least 50%
of the monument sign. Signs should be constructed of materials either the same
as the principal structure or that appear the same.
i) "Off- premise sip"- a commercial speech sign which directs the attention of the
public to a business, activity conducted, or product sold or offered at a location
not on the same lot where such sign is located. For purposes of this sign
ordinance, easements and other appurtenances shall be considered to be outside
such lot and any sign located or proposed to be located in an easement or other
appurtenance shall be considered an off - premise sign.
j) "Pole sign" - see Pylon Sign.
k) "Pylon sign" - any freestanding sign which has its supportive structures anchored
in the ground and which has a sign face elevated above ground level by poles or
beams and with the area below the sign face open.
1) "Sandwich board sign" - any freestanding sign which is composed of two pieces
of flat, rigid material in the shape of a square or rectangle that are hinged at the
top and whose bottom edges rest on the ground so as to create a triangular shape
when being displayed.
52.11 -3
ORDINANCE 52 - ZONING ORDINANCE
m) "Shimmering signs" - a sign which reflects an oscillating, sometimes distorted,
visual image.
n) "Temporary sign" - a sign that is not permanently affixed to the ground, a sign
that is not permanently affixed to any other permanent structure that is in turn
affixed to the ground, or a sign that is capable of being moved by mechanical or
non- mechanical means, including sandwich board signs.
o) "Wall" - any structure which defines the exterior boundaries or courts of a
building or structure and which has a slope of sixty (60) degrees or greater with
the horizontal plane.
p) "Wall sign" - any building sign attached parallel to, but within eighteen (18)
inches of a wall, painted on the wall surface of, or erected and confined within the
limits of an outside wall of any building or structure, which is supported by such
wall or building, and which displays only one (1) sign surface.
Subd. 6: Permit Required.
No sign shall be erected, altered, reconstructed, maintained or moved in the city without first
securing a permit from the city. The content of the message or speech displayed on the sign shall
not be reviewed or considered in determining whether to approve or deny a sign permit.
Application for a permit shall be in writing addressed to the zoning administrator and shall
contain the following information:
a) names and addresses of the applicant owners of the sign and lot;
b) the address at which any signs are to be erected;
c) the lot block and addition at which the signs are to be erected and the street on
which they are to front;
d) a complete set of plans, showing the necessary elevations, distances, size and
details to fully and clearly represent the construction and place of the signs;
e) the cost of the sign;
f) type of sign (i.e. wall sign, monument sign, etc.);
g) certification by applicant indicating the application complies with all
requirements of the sign ordinance; and
h) if the proposed sign is along a state trunk highway or interstate highway, the
application shall be accompanied by proof that the applicant has obtained a permit
from the state for the sign.
The zoning administrator shall approve or deny the sign permit in an expedited manner no more
than 60 days from the receipt of the complete application, including applicable fee. All permits
52.11 -4
ORDINANCE 52 - ZONING ORDINANCE
not approved or denied within 60 days shall be deemed approved. If the permit is denied, the
issuing authority shall prepare a written notice of denial within 10 days of its decision, describing
the applicant's appeal rights under Section 525 15, and send it by certified mail, return receipt
requested, to the applicant.
Subd. 7: General Provisions. The following regulations shall apply to all signs hereafter
permitted:
a) Signs shall not be permitted within the public right of way or easements, except as
erected by an official unit of government or public utilities for the direction of
traffic or necessary public information, unless approved by the appropriate
government entity or as set forth in subd. 16 of this ordinance pertaining to
community event banners.
b) Signs shall not be constructed or maintained in a manner which obstructs traffic
visibility.
C) Flashing or rotating signs resembling emergency vehicles shall not be permitted
in any district.
d) No sign shall be placed that resembles any official marker erected by a
governmental agency or shall display such words as "stop" or "danger ".
e) No sign shall be permitted to obstruct any window, door, fire escape, stairway or
opening intended to provide light, air, ingress or egress for any building or
structure.
f) Where a sign is an illuminated sign, the source of light shall not shine upon any
part of a residence or into a residence district or any roadway.
g) One (1) sign, regardless of its type, shall be permitted on each parcel of property
in any residential district, and such signs shall be limited to an overall area of six
(6) square feet. The limitations stated in this provision can only be modified
according to Subdivision 14 of this Section.
h) The following types of signs are not permitted in any residential district:
1.
Awning signs
2.
Marquee signs
3.
Balloon signs
4.
Pole signs
5.
Canopy signs
6.
Pylon signs and
7.
Flashing signs
8.
Shimmering signs
9.
Wall sign
i) Pylon signs and off - premise signs shall not be permitted in any zoning district.
52.11 -5
ORDINANCE 52 - ZONING ORDINANCE
j) No sign shall be of such a nature or placed in such a position that it will cause
danger to traffic on a street.
k) Signs which may be or may hereafter become rotted, unsafe or unsightly shall be
repaired or removed by the owner or lessee of the property upon which the sign
stands upon notice by the Building Inspector. The owner, lessee or manager of
any sign that contacts the ground and the owner of the land on which the same is
located shall keep grass, weeds and other growth cut and shall remove all debris
and rubbish from the lot on which the sign is located. If the owner, licensee or
owner of the property fails to act in accordance with this paragraph, the City may
remove the sign in question upon the direction of the City Council, and all costs
incurred for removal may be charged to the owner of the sign and if unpaid,
certified to the County Auditor as a lien against the property on which the sign
was located.
1) No sign shall project more than two (2) feet over a public sidewalk.
m) Signs shall not be located on the roof of a building.
n) No sign shall be painted directly on the side of the building, unless it is clearly
demonstrated to the Planning Commission, at the time that a permit for the sign is
applied for, that the location of the sign does not threaten the structural integrity
of the building in question, cause a safety hazard to any persons or property in the
vicinity of the building in question, and is aesthetically consistent with and non
offensive to the properties in the immediate area of the building in question.
o) No sign shall violate the side or rear yard setback requirements of the district in
which it is placed.
p) No sign shall exceed 250 square feet in surface area.
q) Except for monument signs and temporary signs, the surface area of the base of
any sign shall not exceed 25% of the face area unless structural engineering
illustrates the face cannot meet the wind loading requirements of the Building
Code.
r) Ballpark signs shall be allowed only on those ballparks that are primarily used to
host baseball and/or softball games.
Subd. 8: Temporary Signs.
a) Fee. A fee set forth by resolution applies to a permit for temporary or portable
signs.
52.11 -6
ORDINANCE 52 — ZONING ORDINANCE
b) Maximum Size. The maximum size of a portable or temporary sign is sixty -four
(64) square feet. The maximum size of a portable or temporary sign in any
residential zoning district is limited to six (6) square feet.
c) Duration. The duration of time that a portable or temporary sign can be located
on a property is limited to forty (40) days in any one calendar year only after
application has been approved for location and placement.
d) Illuminated Signs. Illuminated signs, whether temporary or portable, shall have a
recognized seal of approval of listing from Underwriters Laboratories Inc. (UL)
or other recognized electrical standard and installed in conformance with the
listing or, if more restricted, the National Electrical Code as adopted by the State
of Minnesota.
e) One Sign Per Parcel. There shall be no more than one temporary or portable sign
per parcel of property. In the event that there are multiple tenants on a single
parcel of property on which temporary or portable signs are allowed, not more
than two portable signs shall be located on the parcel at any given time. One
portable sign will be allowed per strip mall site within the B -2 district.
f) Ground Fault Circuit Interpreters. The internal wiring of an illuminated outdoor
sign that is temporary or portable and readily accessible shall be supplied from,
and protected by, ground fault circuit interpreters.
g) Extension Cords. Extension cords used to supply power to portable or temporary
signs shall be enclosed in metal conduit or elevated at least nine (9) feet above the
ground to prevent tripping or electrical hazards.
h) Anchors. Anchors for portable or temporary signs shall be subject to approval by
the Building Inspector and maintained to prevent displacement or tipping over
during high winds.
Subd. 9: Exemptions. The following sign shall not require a permit. This exemption,
however, shall not be construed as relieving the owner of the sign from the responsibility of its
erection and maintenance, and its compliance with the provisions of this ordinance or any other
law or ordinance regulating the same. The exemption is as follows: The changing of the display
surface on a painted or printed sign only. This exemption, however, shall apply only to poster
replacement and/or on -site changes involving sign painting elsewhere than directly on a building.
Subd. 10: Permitted Signs; Business Districts.
a) Wall Signs. Each tenant other than those in multi -tenant buildings may have one
flat wall sign. Such signage may extend from the face of the roof over a covered
walk. Such wall signs shall not exceed 15% of the area of the wall to which the
sign is attached, to a maximum of 96 square feet.
52.11 -7
ORDINANCE 52 - ZONING ORDINANCE
b) Monument Signs. Each tenant other than those in multi - tenant buildings may
have a monument sign that shall not exceed 80 square feet in surface area, and 15
feet in height, and is setback a minimum 20 feet from the property lines.
c) Multi- Tenant Wall Signs. Each tenant in a multi - tenant building may have a flat
wall sign. The aggregate area of such signs shall not exceed 5% of the area of the
wall to which they are attached.
d) Multi- Tenant Monument Signs. One monument sign shall be permitted for each
multi - tenant building provided the surface area of the sign does not exceed 100
square feet, per side, and 15 feet in height, and is setback in no case less than 20
feet from the property lines. The area may be increased to a maximum of 150
square feet per side for developments of over 20 acres.
e) Canopies and Awnings. The design of canopies shall be in keeping with the
overall building design in terms of location size and color. No canopies with
visible wall hangers shall be permitted. Signage on canopies may be substituted
for allowed building signage and shall be limited to 25% of the canopy area.
Internally - illuminated canopies must be compatible with the overall color scheme
of the building.
Subd. 11: Design Standards for Downtown and High Visibility Corridors.
a) Design Standards for B -I Central Business District. The following standards
pertain to signs within the B- I Central Business District and are in addition to,
and supersede, other standards contained herein.
1. Pylon and free - standing permanent signs are prohibited in the B -1 District
directly adjacent to Minnesota Strut; except one monument sign may be
permitted per parcel of property provided the aggregate size of the
monument does not exceed one square foot for every one foot of frontage.
2. Signs shall be architecturally compatible with the style, composition,
materials, colors and details of the building to which it relates and other
signs on other buildings within the B -1 District.
3. Signage should be simple and the signage should not overshadow or
dominate the character of the structure. This provision applies only to the
design and appearance of the signage and not to the message contained
thereon.
4. Illuminated signs should feature indirect lighting that is shielded from
view unless ornamental in nature. Signs capable of being lit in the
evening should limit the view of such lights from motorists and
pedestrians.
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ORDINANCE 52 -- ZONING ORDINANCE
The overall design of all signage including the mounting framework shall
relate to the design of the principal building on the property. For buildings
without a recognizable style, the sign shall adopt the decorative features of
the building, utilizing the same materials and colors.
6. Signs painted directly on window glass or hung in windows are permitted.
Such signs shall be counted toward the maximum size requirement and
shall be limited to 20% of the window area.
7. The maximum height of a sign in a business district shall be 15 feet.
8. Projecting signs are allowed in the B -1 District directly adjacent to
Minnesota Street and College provided:
a) The projecting sign does not extend beyond the first floor of the
building.
b) No less than ten feet of clearance is provided between the highest
point of the sidewalk and the lowest point of the projecting sign.
c) Cumulative projecting sign area is not greater than twelve square
feet and maximum sign width not greater than three feet.
d) Maximum distance between a projecting sign and the building face
doesn't exceed one foot.
9. Sandwich Board Signs are allowed only in the B -1 District directly
adjacent to Minnesota Street and College provided:
a) No more than one sandwich board sign shall be allowed for each
tenant on a parcel of property.
b) The sandwich board sign does not exceed 36" in height or 30" in
width.
c) The sign is displayed only during normal operating hours of the
business on the parcel of property on which the sign is located.
d) The sign does not require any form of electricity or display lights
or moving parts.
e) That such signs do not block driveways, entryways or pedestrian
accesses, do not significantly occlude the sidewalk and/or do not
impact sightlines/view at street intersections.
f) The sign is made of weather and wind resistant materials of
superior quality.
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ORDINANCE 52 -- ZONING ORDINANCE
g) The sign is not affixed to the sidewalk, other signage or temporary
or permanent structure.
h) The maximum aggregate square footage of allowable sign area is
not exceeded.
i) The sign owner provides proof of liability insurance listing the
City as an additional insured and holding the City harmless at the
same time it applies to the City for a permit for the sign.
b) Design Standards for Properties with Highway/Freeway Visibility.
The following standards pertain to signs within the B -2 General
Business District, the B -3 District and Industrial Districts which
are visible from Interstate 94. These standards are in addition to,
and supersede, other standards contained herein.
I . The standards contained in this subdivision relate to signs on parcels
adjacent to or visible from principal arterials, minor arterials, and collector
streets.
2. Signs shall employ superior - quality, permanent materials. Natural
materials such as wood, brick, stone, glass, etc are highly encouraged.
3. Signs shall be architecturally compatible with the style, composition,
materials, color and details of the building to which it relates and other
structures within the applicable zoning classification.
4. Signage should be simple and non- obtrusive and should not overshadow
or dominate the character of any structure on the same parcel of property.
This provision applies only to the design and appearance of the signage
and not to the message contained thereon.
5. The use of natural color palettes in freestanding signage is highly desired.
6. All freestanding signs shall employ landscaping that is aesthetically
pleasing and complimentary to the quality of uses within the area.
Subd. 12: Non - Conforming Signs: Compliance. It is recognized that signs exist within
the zoning districts which were lawful before this sign ordinance was enacted, but will be
prohibited under the terms of this section. It is the intent of this sign ordinance that
nonconforming signs shall not be enlarged upon or expanded, nor be used as grounds for adding
other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign
ordinance to permit legal nonconforming signs existing on the effective date of this sign
ordinance to continue as legal nonconforming signs provided such signs are safe, are maintained
so as not to be unsightly, and have not been abandoned or removed subject to the following
provisions:
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ORDINANCE 52 - ZONING ORDINANCE
a) No sign shall be enlarged or altered in a way which increases its nonconformity.
b) If the use of the nonconforming sign or sign structure is discontinued for a period
of one year, the sign or sign structure shall not be reconstructed or used except in
conformity with the provisions of this ordinance.
c} Should such nonconforming sign or sign structure be damaged or structure be
destroyed by any means to an extent greater than fifty (50) percent of its market
value and all required permits for its reconstruction have not been applied for
within 180 days of when the sign or sign structure was damaged, it shall not be
reconstructed or used except in conformity with the provisions of this ordinance.
d) Should such sign or sign structure be moved for any reason for any distance
whatsoever, it shall thereafter conform to the regulations for the zoning district in
which it is located after it is moved.
e) No existing nonconforming sign shall be enlarged, expanded or moved except in
changing the sign to a sign permitted in the zoning district in which is it located.
f) When a parcel of property loses its nonconforming status all signs devoted to the
property shall be removed and all signs painted directly on any structure on the
property shall be repainted in a neutral color or a color which will harmonize with
the structure.
Subd. 13: Signs in Developing Subdivisions. During the development of a new
subdivision consisting of two (2) or more lots, there shall be allowed two (2) signs in the
subdivision, not to exceed twelve (12) feet in height. A fee is required to be paid for these signs,
as set by Council resolution. The City shall not review or consider the content of any message to
be displayed on such signs when determining whether to grant a permit. In addition to the signs
mentioned above, there shall be permitted one (1) sign not exceeding four (4) square feet, and
not more than six (6) feet in height, per lot in the subdivision. All signs allowed according to
this Subdivision shall be removed when 75 percent of the lots in the subdivision are fully
developed, or within two (2) years following the beginning of development in the subdivision,
whichever comes first. No signs allowed according to this Subdivision may be illuminated.
Subd. 14: Non - Commercial Speech. Notwithstanding any other provisions of this sign
ordinance, all non - commercial signs of any size may be posted in any number from August 1 in a
state general election year until ten (10) days following the state general election, and all signs
with a surface area of 50 square feet or less containing non - commercial speech may be posted
from eight (8) weeks prior to any special election until seven (7) days following the special
election. Signs permitted under this Subdivision shall be set back a minimum distance of no less
than fifteen (15) feet from the curb line, shall not be on any public right -of -way, and shall not be
permitted on school property or any other public lands.
Subd. 15: Substitution Clause. The owner of any sign which is otherwise allowed by this
sign ordinance may substitute non - commercial speech in lieu of any other commercial speech or
52.11 -11
ORDINANCE 52 --- ZONING ORDINANCE
non commercial speech. This substitution of copy may be made without any additional approval
or permitting. The purpose of this provision is to prevent any inadvertent favoring of
commercial speech over non - commercial speech or favoring of any particular non - commercial
speech over any other non- commercial speech. This provision prevails over any more specific
provision to the contrary.
Subd. 16: Banners. Upon application to the City, a banner may be permitted to be hung
across the right -of -way at the two specified locations designated by the City to promote local
community events only. This ordinance shall not be construed as authorizing any such signs or
banners on public property or on private property other than those specifically authorized by the
City.
a) Permit Required. No banner shall be erected, altered, maintained or
moved without first securing a permit from the City. The content of the
message or speech displayed on the sign shall be limited to promoting
community events and shall be reviewed or considered in determining
whether to approve or deny a banner permit. Application for a permit
shall be in writing addressed to the zoning administrator and shall
contain the following:
1. Names and addresses of the applicant(s);
2. The event the banner is meant to promote;
3. The location(s) at which any banner is to be erected;
4. The type and content of the banner;
5. A complete set of plans, showing the necessary elevations, distances,
size and details of the banner;
6. The cost of the banner;
7. Certification by applicant indicating the application complies with all
requirements of the banner ordinance; and
8. The dates the applicant(s) request the banner be present.
b) Approval by Planning Committee. Banner plans will be reviewed at
regular meetings by the Planning Committee. In addition, special
meetings can be requested for plan review. In reviewing the proposed
banner, the Planning Committee shall consider the following criteria:
1. Traffic circulation and pedestrian safety. Banners shall not contain
content or be placed in a manner to obstruct the safety of pedestrians,
motorists, cyclists, or other users of the public streets over which they
are to hang.
2. Sign Design and Visual Impact.
3. Construction and Maintenance. All banners must be constructed and
maintained by the applicant and must be done in a manner that results
in professionally finished appearance. All banners shall be constructed
in such a manner and of such material that they shall be safe.
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ORDINANCE 52 - ZONING ORDINANCE
All permits not approved or denied within 30 days shall be deemed denied. If the
permit is denied, the issuing authority shall prepare a written notice of the denial
within 10 days of its decision.
c) Application Fee. The permit application fee is listed in Appendix A and
is due upon submission of the application.
d) Erecting and Removing Banner. Each applicant is responsible for
hanging and removing an approved banner. Roadway banners in
support of community events may be displayed for a period not to
exceed 21 days. All banners must be removed within 48 hours of the
scheduled event.
The use of the posts to hang a banner which promotes a community
event will be given to applicants on a first come, first serve basis.
e) Liability Insurance/Hold Harmless. Proof of liability insurance in
accordance with this subdivision shall be delivered to the City
Clerk/Administrator prior to issuance of the permit. The applicant must
demonstrate proof of financial responsibility with regard to liability
naming the City as an insured. The policy of insurance shall be in limits
of not less than one million per occurrence.
The liability insurance policy required by this subdivision shall provide that it may not be
cancelled for any cause, either by the insured or the insurance company without first giving
notice to the City in writing of intention to cancel it, addressed to the City Clerk/Administrator of
the City of St. Joseph.
f) Liability. The applicant(s) shall hold the City of St. Joseph harmless
from any and all claims and actions, litigations, and from damages
arising out of the erection, maintenance or removal of any banner
allowed under the authority of this ordinance nor shall the City of St.
Joseph be held liable for a claim based upon enforcement of this
ordinance.
g) Notice of Violation/Assessment of Costs. Notice of any violation of this
ordinance will be sent directly to the applicant(s) or to the party who
failed to submit an application in violation of this subdivision. Violation
of this ordinance is deemed a misdemeanor.
Section 52.11 amended 4109
52.11 -13