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HomeMy WebLinkAboutOrdinance 52.32 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 appaxel 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. � Other use determined by the Planning Commission to be of the same character as contained in this Subdivision. Section 5232 Subd 2 amended 10/10(section subsequently numbered) Subd. 3: Permitted Accessorv 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: 1. Motor fuel facilities are installed in accordance with state and city standards. 2. Adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positianed 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 gaxden temporary sales area. d) Lumber yards and home improvement retail centers. e) New or used auto dealerships. fl 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. � 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 temporaxy structure placed on the property for such sales must be removed at the end of the selling season or sale. The size of a temporary building shall not exceed 120 square feet per vendor. 3. The Interim Use Permit shall be obtained through the procedures set forth in St. Joseph Ordinances 52.07 Subd. 4—Interim Use Permits. b) Rental Units. 1. Residential units in areas that have been rezoned to commercial from residential may be eligible for an Interim Use Permit as a rental unit for a specific period of time. The maximum density for rental units under the Interim Use Permit shall be limited to the density which is allowed in the R-1 Single Family Residential District. 2. The Interim Use as a rental shall be obtained through the procedures set forth in St. Joseph Ordinance 52.07, Subd. 4—Interim Use Permit. 3. In requesting such an interim rental use, the landowner agrees to any conditions that the governing body deems appropriate for permission of the use and agrees that the use will terminate at the designated date for termination of the interim use. 4. Public hearings shall be held as set forth in Ordinance 52.07 Subd. 4. Section 52.32 Subd 6 amended 10/10(following Subd subsequently numbe�ed) 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) Propert�djacent to Countv State Aid Hi�hway 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�. Setback shall be twenty (20) feet from the lot line. d) Side vard. Setback shall be ten(10) feet from the lot line. If the property's side yard is adjacent to County State Aid Highway 75, the setback shall conform to Subd. 5 (a) of this Section. e) Rear yard. Setback shall be ten(10) feet from the lot line, 35 feet if abutting a residential district. � 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: Hei h� t 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 Covera�e. 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 excluding additions to existin f�acility constructed before this�rovision was adopted and the addition is less than 50% of the square feet of the ori�inal buildin�. 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€��-thirty (�830%)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) Screenin�. 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_ h�ting. All lighting shall be hooded and no light may directly strike County State Aid Highway 75 or areas outside of the development. fl Stops and Curbs. Concrete curb to B-612 speci�cations shall be used for all automobile stops and for all drive and parking areas. 52.32-7 ORDINANCE 52—ZONING ORDINANCE g) Landscaping. In addition to requirements relating to parking lots, the Development Plan shall show a unified landscaping scheme for the development. h) Si ns. 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. 52.31,Subd.9 amended 4/2005(*section subsequently renumbered) Section 5232 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. � 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. 52.32-8 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/A�reement. 1. Payment Required. Any person filing a petition requesting development plan review shall pay a fee according to the schedule established by the City Council. 2. Amount. Fees payable under this section for development plan review shall be in an amount as established by resolution of the City Council. Preparation and review of all elements of the required development plan, as listed and described above, is to be at the sole expense of the developer and at no expense to the public. The fee is payable at the time of filing a petition and is not refundable. In addition to the above fees and in the event the City incurs professional fees, either legal, engineering or professional planners, or any other cost, including but not limited to, postage and publication expenses, the applicants shall reimburse the City for those fees, and the City officials may require an escrow deposit, cashier's check or letter of credit for these fees prior to the final action on the application for development plan review. Such escrow or letter of credit shall be in the form approved by the City Attorney. 3. Development A�reement. In the event additional review by the City or its assigns is anticipated andlor 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 agreeznent 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 Si�n. A sign that is related to the business located on the same property to which it is located. 2. Wall Si�n. A sign painted or placed against or attached to the exterior wall surface of a building or structure. 3. Advertisin��n. 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 sepaxate 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. 5231,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 '/z) 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: Re�ulation of Activities Adiacent 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 Thia page inteatlaa�lly I�tt blu�k