HomeMy WebLinkAbout[05] Public Hearing: Ordinance Amendments ��,.n���;,�w� Planning Commission Agenda Item 5
MEETING DATE: October 7, 2013
-' AGENDA ITEM: Ordinance Amendments
SUBMITTED BY: Administration
PREVIOUS PLANNING COMNIISSION ACTION: The Planning Commission reviewed draft
amendments at the May 20 meeting and recommended changes. All the requested changes have been
added as well as some additional changes recommended by the City Council.
The City Council has requested to add a provision to the Ordinance whereby the City can withhold a
license or permit if the City is owed an outstanding invoice or fee. The City Attorney added language to
the appropriate Ordinances and they have been attached. Amendment to land use Ordinances require a
� public hearing;therefore, it was scheduled for October.
BACKGROUND INFORMATION: The following is a summary of the proposed amendments.
Since the Planning Commission reviewed the Ordinances, staff encountered a problem with the fence
Ordinance and request that language be included to prohibit snow fence as a permanent fence material.
; Ordinance 51: Correcting an error and include a provision that the City can
withhold a permit for outstanding invoices/fees.
Ordinance 52.07 Add a provision whereby the City can withhold a land use
application due to an outstanding invoice/fee
Ordinance 52.11 Correct the size of sign, should be 200 not 250
Ordinance 52.12 Requires a zoning permit for accessory buildings under 50
square feet;removing the fence provision as they are in a
separate Ordinance.
Ordinance 52.32 Clarified language on exterior
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Ordinance 52.34 Notes are included with the amendment
j Ordinance 54 Add a provision whereby the City can withhold a land use
application due to an outstanding invoice/fee
' Ordinance 55.04 Refer rental in zoning districts back to the district provision to
} � prevent errors,as current;add a provision whereby the City can
withhold a rental license for outstanding invoices/fees
' Ordinance 56 Move fence provision to this Ordinance and modify the footing
requirements for a wall fence; add a provision whereby the City
can withhold a land use application due to an outstanding
-� invoice/fee
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Ordinance 57 Add a provision whereby the City can withhold a land use
application due to an outstanding invoice/fee
ATTACHMENTS: Request for Planning Commission Action
Draft Ordinance Amendments
REQUESTED PLANNING COMMISSION ACTION: Forward a recommendation to the Council or
provide direction to staff for changes.
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--� . �. CITY OF ST. OS�PH
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� City of St.Joseph
, � Public Hearing
� Zoning Amendments
,
Administrator The St.Joseph Planning Commission will be conducting a public hearing on Monday October 7,
f �udy�Ueyrens 2013 at 7:15 PM in the St.Joseph City Hall, 25 College Avenue N to consider amendments to
the following Zoning Ordinances:
• Ordinances 51;Ordinance 52.07; Ordinance 54; Ordinance 55.04 and Ordinance 57 to
Mayor include a provision whereby the City can withhold a permit or land use application
R�ck Schulcz outstanding invoice or bill due and payable to the City.
• Ordinance 52.12 adding a provision to require a zoning permit for all accessories
Cour,��lors buildings less than 120 square feet.
Steve Frank
• Ordinance 52.32 clarifying language on exterior requirements in commercial zoning
Bob Loso districts
• Ordinance 52.34 clarifying language on exterior requirements and permitted uses.
Renee Symanietz � Ordinance 56 modifying the footings for a fence and clarifying fence material
'; Dale u'/ick . Ordinance 52.30 discussion on whether or not non-owner occupied rental should be
� permitted in R4 Zoning District.
All persons wishing to be heard will be heard and oral testimony will be limited to five minutes.
Written testimony may be mailed to: City of St.Joseph; PO Box 668;St.loseph MN 56374.
ludy Weyrens
Administrator
Publish: September 27,2013
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ZS College Avenue North • PO Box 668 • Saint � oseph , 1Vlinnesota 56374
� phone 320.363.]201 Fax 3zo.363.o34a
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} CHAPTER V—BUILDING, LAND USE ®ULATIONS
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� ORDINANCE 51 BUILDING ORDINANCE
, Section 51.01: PERMITS REQUIRED. No person shall erect, alter, wreck, or move any
building or part thereof within the City of St. Joseph, without first securing a building permit.
The application for a building permit shall be accompanied by a plan showing the dimensions of
the lot to be built upon, including applicable setbacks, the size and location of the building upon
the lot and any accessory buildings to be erected,the use to which the intended building is to be
put, and the estimated cost thereof. If the proposed building complies with the Minnesota State
, Building Code and the regulations adopted by the State of Minnesota, as well as all of the
ordinances of the City of St. Joseph, the City Building Inspector shall issue a permit therefore
conditioned upon the applicant's compliance with all State laws and City ordinances. All
, permits shall be co-signed by the City Clerk/Administrator and all additional permits necessary
shall be obtained at that time.
Building permits shall not be required if the work to be performed is limited to the
following: , repair or replacement of interior or exterior doors, �l�g
I r���;��,;^^� ^�° �^^� n�a;��- �--�°�.�, interior remodeling not involving the removal or
relocation of an interior wall. A permit shall be obtained for the construction or reconstruction
of an Accessory Building as defined in Ordinance 52.4 Subd. l.
Section 51.02: SEWER AND WATER HOOK UP. Every residential building
constructed or remodeled or placed upon any lots within the City of St. Joseph where sewer and
water mains are available in nearby streets shall be required to make water and sewer
installations in accordance with City regulations.
Section 51.03: PERMIT FEE. Each application shall be accompanied by a certified
check or cash to cover the building permit fees hereinafter provided, as well as the State
surcharge affixed by law. The Permit Fee shall be established and amended from time to time by
resolution of the City Council.
� Section 51.04: BUILDING CODE. The Minnesota State Building Code, established
pursuant to Minnesota Statutes 16B.59 to 16B.75,including all of the amendments, rules and
; regulations established, adopted and published from time to time by the Minnesota
� Commissioner of Administration, through the Building Codes and Standards Division is hereby
adopted by reference with the exception of optional chapters, unless specifically adopted by this
Ordinance. The Minnesota State Building Code, a copy of which is on file in the office of the
; City Clerk/Administrator, is hereby incorporated in this Ordinance as if fully set out herein.
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CHAPTER V—BUILDING, LAND USE ®ULATIONS
Section 51.05: MAINTENANCE OF BUILDING SITE. With respect to any
construction, alterations, remodeling, or other work for which a permit is required hereunder, the
owner of the property which is the subject of the permit, as well as the principal andlor general
contractor performing the work, shall maintain the building site in a clean and neat condition,
shall gather all building debris, damaged materials, wrappings, boxes, and other debris, garbage
or liter created during construction, and store the same within a structure, dumpster, building, or
a fenced area as deemed appropriate by the building inspectvr to keep debris from blowing on to
adjacent properties, protect children from injury, and to reduce the unsightly appearance of the
property. All construction debris shall be removed from the construction site within 10 days of
completion of construction.
Secrion 51.06: BUILDING NLIMBERS AND KEY BOXES.
Subd. 1.: Buildin�Numbers. Building numbers are important in providing public safety
services as well as mail and other deliveries to the affected buildings.
a) Placement and Specifications. The owner, lessor or occupant of every industrial,
commercial or other building in the City shall have a proper building number on
the building either by aff'ixing to the building the numbers in metal, glass,plastic
or any other durable material. The numbers shall not be less than four(4") in
height in a contrasting color to the base. The numbers shall either be lighted or
made of some reflective material and so placed to be easily seen from the street.
b) Maintenance. The occupant of the primary structure shall be responsible for
keeping the address numbers in good repair and clear of snow, dirt, debris and
other obstructions.
c) Enforcement. The City may withhold all city licenses, applications, and permits
from owners or occupants of primary structures if the address is not placed or
maintained in conformance with this Ordinance.
d) Penalt . Any person violating or failing to comply with this Ordinance shall be
guilty of a petty misdemeanor.
Subd. 2.: KekBoxes. Where property is protected by an automatic alarm system, a
protected access to or within a structure,or access to an area on that property is unduly difficult
because of secured openings and where immediate access is necessary for public safety, life
saving, or firefighting purposes, the fire chief may require a key box to be installed in an
approved location. The key box shall be of the type approved by the fire department and shall be
the expense of the landowner.
a) Contents. The key box shall contain:
1. Keys to lock points of ingress whether on the interior or exterior of such
buildings.
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} 2. Keys to lock mechanical equipment rooms.
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- � 3. Keys to locked electrical rooms.
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4. Keys to elevator controls.
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5. Keys to other areas as directed by the fire chief.
' 6. It shall be the responsibility of the business owner to maintain a current
, key in the key box a�all times.
b) Waiver. The owner of every building of every property defined by Sectian 56.06,
Subd. 1 shall either assure that a key box is installed and maintained in an
approved location by the Fire Chief for the City of St. Joseph or shall provide the
' St. Joseph City Administrator a written letter dated and delivered between
` December 1 and December 29 of each year indicating that they have not installed
a key box pursuant to this Ordinance and that in the event of any response by the
City or its representatives, they shall waive any claim for damages or trespass.
c) Penalties. If the key box is not installed and a waiver is not received, the land
owner shall be subject to a petty misdemeanor following failure to either install
the key box or provide the City with a written waiver after ten(10) days written
notice. A second offense within the same calendar year shall be punishable as a
misdemeanor.
Section 51.07: COMPLETION DATE. With respect to any construction, alterations,
remodeling or other work for which a permit is required hereunder, the proposed work for which
a permit is issued shall be completed in its entirety within one year after issuance of the building
permit. If in one year after making application for a building permit, the work is not completed,
the applicant may request the Planning Commission to grant an extension for up to one year in
length. In the event of a violation of this provision, in addition to other remedies provided
herein, the City may proceed to fully or partially complete the permitted work, or remedy any
unsafe or unsightly condition, and assess the cost thereof, plus interest at the rate of eight percent
� per annum against the property in question.
Section 51.08: WITHHOLDING OF PERMITS. The City of St. Joseph shall withhold
` � building permits from any contractor, property owner or other applicant who
a�,has any pending violations with respect to the building code as adopted by the
City of St. Joseph, any developer's agreements to which the City of St. Joseph is a
" party, or other violation of the Code of Ordinances of the City of St. Joseph;
�— �r�, r;,. ��, >> i� :��,�,,.i� �.,,:ia: ...,,;,.�_�.,..,, ,;,,,,n�who has had 3
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"' or more violations of the building code, St. Joseph Ordinances, or of a developer's
agreement with the City of St. Joseph within one year of the application for the
` building�e�-i�nermit; or
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CHAPTER V—BUILDING, LAND USE ®ULATIONS
cl Has not met the g,eneral requirements for City approvals under Section 14.06 of
� the St Jose�h Code of Ordinances.
Permits shall be withheld until all vio�ations are remedied.
Section 51.09: CONSTRUCTION TIMES. Construction activities which result in noise
audible on property other than that on which the activities are occurring shall be prohibited
� between the hours of�9:00 p.m. and 7:00 a.m.
Section 51.10: PENALTIES/ENFORCEMENT. Any person who violates any of the
provisions of this ordinance is guilty of a misdemeanor. The City Building Inspector shall be the
enforcement officer of this ordinance.
Updated 6/2003—Section 51.04
Amended 1/2007—Sections 51.06-51:10
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ORDINANCE 52 —ZONING ORDINANCE
Section 52.07: ADMINISTRATION
Subd. 1: Board of Appeals and Adjustments.
a) Board. Members of the City Planning Commission shall serve as members of the
� Board of Appeals and Adjustments for periods commensurate with their
respective terms of office as members of the City Planning Commission. The City
Council shall appoint the City Administrator/Clerk of the Board as the Secretary.
b) Procedure. Four(4) members of the Board constitute a quorum and a majority of
all the members of the Board is necessary for any decision of the Board. If only
� four members of the Board are present, a unanimous vote is required. The
Chairman of the Planning Commission shall be the Chairman of the Board.
Subject to the provisions of this Ordinance, the Board may adopt rules necessary
to the conduct of its affairs. The Chairman or, in his absence, the acting
Chairman, may administer oaths to witnesses. All meetings shall be opened to the
public. The Board shall keep minutes of its proceedings, showing the vote of
� each member upon each question, or if absent or failing to vote, indicating such
fact. The Board shall keep records of its examinations and other official actions.
' c) Powers and Duties of Board.
1. The Board shall have the power and duty of hearing and deciding, subject
' to approval by the City Council as herein provided, appeals or requests in
the following cases:
A. Appeals where it is alleged that there is an error in any order,
requirement, decision, or determination made by an administrative
officer in the enforcement of this Ordinance.
B. Requests for variances from the literal provisions of this Ordinance
in instances where their strict enforcement would cause undue
� hardship because of circumstances unique to the individual
property under consideration.
� 2. Planning Commission Duties Distin i,�?u'shed. The Planning Commission
shall have the power to consider special use permit applications and
applications for amendments to the zoning ordinances or rezoning.
3. Review of Appeals Decisions. No permit shall be issued under the
; provisions of this section unless and until a decision of the board, as
aforesaid, approving the same, is approved and confirmed by the City
Council. In reporting its decision to the City Council, the board shall
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52.07-1
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ORDINANCE 52—ZONING ORDINANCE
report its findings with respect thereto and all facts in connection
therewith, and shall specifically and fully set forth any adjustment or
variance granted and the conditions designated. Upon receipt of such
report,the Council either shall by resolution approve and confirm the
decision, whereupon the permit as applied for may be issued, or shall '
refuse to approve and confirm the decision. In all cases in which
adjustments or variances are granted under the provisions of this section,
the Board and Council shall require such evidence and guarantees as it
may deem necessary to insure compliance with the conditions designated
in connection tflerewith.
Subd. 2: Variances.
a) Administration. A variance may be granted to a11ow a property owner to deviate
from the specific development standards applicable to a particular district. A
variance shall not be granted to allow a use that is not otherwise permitted in the
district involved. In granting a variance the Board, or the Council in reviewing the
Board's decision, may prescribe appropriate conditions in conformity with this
Ordinance to protect properties and the health and s�fety of persons residing or
working in the neighborhood. When such conditions are made part of the terms
under which the variance is granted, violation of the conditions is a violation of
this Ordinance. A variance shall not be granted by the Board, or by the Council
upon review, unless they find the following facts:
1. That there are exceptional or extraordinary circumstances or conditions
applying to the property in question as to the intended use of the property
that do not apply �enerally to other properties in the same zoning district.
The exceptional or extraordinary circumstances must not be the result of
actions taken by the petitioner.
2. That the literal interpretation of the provisions of this Ordinance would
deprive the petitioner of rights commonly enjoyed by other properties in
the same district under the terms of this Ordinance.
3. That granting the variance requested will not confer on the applicant any
special privilege that is denied by this Ordinance to other lands in the
same district.
4. That the proposed variance will not impair an adequate supply of light and
air to adjacent property, or diminish or impair established property values
within the surrounding area, or in any other respect impair the public
health, safety or welfare of the residents of the City.
5. That the condition or situation of a specific piece of property, or the
intended use of said property, for which the variance was sought,is not of
so general or recurrent a nature as to make reasonably practicable the
formulation of a general regulation for such conditions or a situation.
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ORDINANCE 52—ZONING ORDINANCE
� 6. That the variance requested is the minimum variance which would
= alleviate the hardship on the particular property.
7. That the variance would not be materially detrimental to the purposes of
= the zoning ordinances or property within the same zoning classification.
; b) Variance Procedure. Application for a variance or appeal under the provisions of
this section shall be made to the City Administrator/Clerk in the form of a written
; application, called a Development Review Application. The Development
Review Application must be submitted three weeks prior to a variance request.
' 1. The City Administrator/Clerk shall review all Development Review
Applications and upon completion of the requirements of the application
shall schedule a public hearing. The City Administrator/Clerk shall have
ten(10)days to review the application for completeness. Notice of such
hearing shall be mailed not less than ten(10) days nor more than thirty
(30) days to property owners within 350 feet of the affected parcel as
determined by the City Administrator/Clerk. Such notice shall also be
published in the official newspaper within the above time period. Failure
of a property owner to receive said notice shall not invalidate any such
proceedings.
2. A variance of this Zoning Ordinance shall be by majority vote of the full
� Board of Appeals and Adjustments.
3. If the Board of Appeals and Adjustments determines that the application
� be granted, the Board of Appeals and Adjustments shall make its
recommendatian to the City Council within thirty(30) days of such
determination. Upon receipt of such report,the City Council shall either
by resolution approve and confirm the decision,whereupon the permit as
applied for may be issued, or shall refuse to approve and confirm the
decision. If the City Council acts on an application granted by the Board
of Appeals and Adjustments, the City Council shall make its order
deciding the matter and serve a copy of such order upon the appellant or
the petitioner by mail within ten (10) days after its decision.
4. If the Board of Appeals and Adjustments denies the application the Board
' shall make its order and serve a copy of such order upon the appellant or
' petitioner by mail within ten(10} days after its decision. The appellant or
petitioner may appeal the decision of the Board of Appeals and
Adjustments to the City Council by filing a written request of appeal with
' the City Administrator/Clerk ten (10)days after receipt of the written
denial from the Board of Appeals and Adjustments. The City Council
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shall review the decision of the Board of Appeals and Adjustments within
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ORDINANCE 52—ZONING ORDINANCE
thirty(30) days after notice of said appeal. The City Council shall make
its order deciding the matter and serve a copy of such order upon the
appellant or the petitioner by mail within ten(10) days after its decision.
c) Successive A�plications. Whenever an application for a variance has been
considered and denied by the City Council, a similar application for a variance
affecting substantially the same property shall not be considered again by the
Planning Commission or City Council for at least six (6) months from the date of '
its denial, unless a decision to reconsider such matter is made by not less than
four-fifths (4/5)vote of the full City CounciL
d) Lapse of Variance. If within one(1) year after granting a variance the work
permitted is not started such a variance shall become null and void unless a
petition for an extension has been approved by the City Council.
Subd. 3: �ecial Use Permit.
a) Pu�ose and Scove. The purpose of this Section of the Zoning Ordinance is to
provide the Planning Commission and City Council with a reasonable degree of
discretion in determining the suitability of certain designated uses upon the
general welfare and public safety.
b) Issuance. Special use permits may be issued for any of the followiug:
1. Any of the uses or purposes for which such permits are required or
permitted by the provisions of this Ordinance.
2. Public utility or public service uses or public building in any district when
found to be necessary for the public health, safety, convenience or welfare.
3. To classify as a conforming use any non-conforming institutional use
existing in any district at the time of the establishment of such district.
c) Apnlication. Applications for Special Use Permits and required fees shall be
submitted the City Administrator/Clerk. The application shall be accompanied by
a site plan containing such information as is necessary to shaw compliance with
this Ordinance, including but not limited to:
1. Description of site (legal description).
2. Site plan drawn at scale showing parcel and building dimensions.
3. Location of all buildings and their square footage,and the location of
easements.
4. Curb cuts, driveways, access roads,parking spaces, off-street loading
areas and sidewalks.
52.07-4
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'E ORDINANCE 52 —ZONING ORDINANCE
`j 5. Landscaping and screening plans.
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� 6. Drainage and erosion control plan with pertinent elevations.
� 7. Sanitary sewer and water plan with estimated use per day.
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; 8. Soil type, the location of wetlands as defined by Minnesota Statute
1036.005, Subd. 19, or absence thereof as verified by a statement from the
� Stearns County Environmental Services Office.
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9. Any additional written or graphic data reasonably required by the City
Administrator/Clerk or the Planning Commission.
10. Proof that the Applicant is the owner of the parcel in question.
d) Procedure. The City Administrator/Clerk shall forward said application to the
Planning Commission for consideration at their next regular meeting.
1. The City AdministratorlClerk shall review all Development Review
Applications and upon verification that the Application is complete and
meets the requirements of the Ordinance, the City Administrator/Clerk
shall schedule a public hearing. The City AdministratoriClerk shall
complete the review process within ten(10) days of receipt of the
Application. Notice of such hearing shall be published in accordance with
State Law and notice shall be published at least once in the official paper
of the City and mailed to individual properties within three hundred fifty
; (350) feet of the parcel included in the request not less than ten(10)days
nor more than thirty (30) days prior to the date of said hearing. Failure of
a property owner to receive said notice shall not invalidate any such
proceedings.
2. The Planning Commission shall consider possible adverse effects of the
proposed special use and what additional requirements may be necessary
to reduce any adverse effects, and shall make a recommendation to the
City Council within the guidelines as mandated by State Law.
f 3. The City Council shall act upon the report and recommendation from the
Planning Commission within the guidelines as mandated by State Law.
Upon receiving the report and recommendation from the Planning
� Commission, the City Council shall have the option of holding a public
hearing if necessary and may impose any conditions deemed necessary.
, Approval of a special use permit shall require passage by a majority vote
' of the full City Council.
e) Standards. The Planning Commission shall recommend a special use permit and ,
�m' the Council shall order the issuance of such permit if the application conforms to
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ORDINANCE 52—ZONING ORDINANCE
the specific standards set forth below, as it would apply to the particular use at the
proposed location:
1. Will not be detrimental to or endanger the public health, safety, morals,
comfort, convenience or general welfare of the neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of '
the comprehensive plan of the City and this Ordinance.
3. Will be designed, constructed,operated and maintained so as to be
harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and will not change the essential character
of that area.
4. Will not be hazardous or disturbing to existing of future neighboring uses.
5. Will be served adequately by essential public facilities and services,
including streets,police and fire protection, drainage structures, refuse
disposal, water and sewer systems, and schools.
6. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare
of the community.
7. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property,
or the general welfare because of excessive production of traffic, noise,
smoke, fumes, glare or odors.
8. VVill have vehicular approaches to the property which are so designed as
not to create traffic congestion or�an interference with traffic or
surrounding public thoroughfares.
9. Will have adequate facilities to provide sufficient off-street parking and
loading space to serve the proposed use.
10. Will not result in the destruction, loss or damage of a natural, scenic, or
historic feature of major importance.
fl Denial for Non-Compliance. If the Planning Commission recommends denial of
a special use permit or the Council orders such denial, it shall include in its
recommendations or determination findings as to the ways in which the proposed
use does not comply with the standards required by this Ordinance.
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i ORDINANCE 52 —ZONING ORDINANCE
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� g) Apvea_ls. All decisions by the Council involving a special use permit shall be
� final except that an aggrieved person or persons shall have the right to file an
appeal within thirty(30) days of the decision with the Stearns County District
� Court.
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h) Conditions. In recommending or approving any special use permit, the Planning
', Commission and the Council may impose conditions which are considered
necessary to meet the standards of this Ordinance and to protect the best interests
of the surrounding area or the City as a whole. Violation of any such condition is
a violation of this Ordinance. These conditions may include but are not limited
to the following:
1. Ingress and egress to properiy and proposed structures thereon with
particular reference to vehicle and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or other catastrophe.
2. Off-street parking and loading areas where required and the economic
effect, noise, glare, or odor of the special use on nearby property.
3. Refuse and service areas.
4. Utilities with reference to location, availability and compatibility.
5. Diking, fencing, screening, landscaping or other facilities to protect
adjacent or nearby property.
6. Signs, if any, and proposed exterior lighting with reference to glare, traffic
safety, economic effect and compatibility and harmony with properties in
the district.
7. Required yards and other open space.
8. General compatibility with adjacent and other property in the district.
i) Successive Applications. Whenever an application for a special use permit has
been considered and denied by the City Council, a similar application for a
� special use permit affecting substantially the same property shall not be
considered again by the Planning Commission or City Council for at least six(6)
` months from the date of its denial, unless a decision to reconsider such matter is
' made by not less than four-fifths (4/5)vote of the full City Council.
j) Expiration. If substantial construction has not taken place within one (1) year after
' the date of a special use permit, the permit is void except that, on application, the
Council, after receiving the recommendation of the Planning Commission, may
, extend the permit for an additional period not to exceed one (1) year. A special
' use permit authorizes only the conditional use specified in the permit and expires
if, for any reason, the authorized use ceases for more than one(1) year.
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ORDINANCE 52—ZONING ORDINANCE
Subd. 4. Interim Use Permit.
a) Pur�pose• The purpose and intent of allowing interim uses is:
1. To allow a use for a limited period of time that reasonably utilizes the
property in the manner not permitted in the applicable zoning district.
2. To allow a use that is presently acceptable but that,with anticipated
,
development, may not be acceptable in the future.
b) A�..plication, Public Hearing, Notice and Procedure. The application, public
notice and procedure requirements for interim use permits shall be the same as
those for Special Use Permits as provided in Section 52.7, Subd. 3 of this
Ordinance.
c) Standards. The Planning Commission shall recommend an interim use permit and
the Council shall issue such interim use permits only if it finds that such use at the
proposed location:
1. Meets the standards of a special use permit set forth in Section 52.7, Subd
3, of this Ordinance.
2. Conforms to the zoning regulatians, performance standards and other
requirements of this Ordinance.
3. Is allowed as an interim use in the applicable zoning district.
4. Will terminate upon a tangible date or event specified in the resolution
approving said interim use permit.
5. Will not impose, by agreement, additional costs on the public if it is
necessary for the public to take the property in the future.
6. Will be subjected to, by agreement with the owner, any conditions that the
City Council has deemed appropriate for permission of the use, including
a condition that the owner will provide an appropriate financial surety to
cover the cost of removing the interim use and any interim structures upon
the expiration of the interim use permit.
d) Termination. An interim use permit shall terminate upon the occurrence of any of
the following events;whichever first occurs:
1. The date specified in the permit;
2. A violation of the conditions under which the permit was issued; or '
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i ORDINANCE 52 —ZONING ORDINANCE
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� 3. A change in the City's zoning regulations which render the use
nonconforming.
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� e) Successive A�plications. Whenever an application for an interim use permit has
been considered and denied by the City Council, a similar application for an
� interim use permit affecting substantially the same property shall not be
; considered again by the Planning Commission or City Council for at least six (6)
months from the date of its denial, unless a decision to reconsider such matter is
% made by not less than four-fifths (4/5)vote of the full City Council.
� Appeals. All decisions by the Council involving an interim use permit request
shall be final except that an aggrieved person or persons shall have the right to
file an appeal within thirty(30) days of the decision with the Stearns County
District Court."
Subd. 5. Text Amendments and Rezonin�of Parcels Depicted on the Official Zonin�
Map.
: a) General. This Ordinance, which includes the official zoning map, may be
amended by following the procedure specified in this section.
b) Initiation. An amendment may be initiated by the following procedures:
' 1. Upon the initiative of the City Council or the Planning Commission, or
2. By petition of fifty percent (50%) or greater of the property owners
affected by the proposed amendment and fifty percent (50%)of those
property owners within three hundred fifty (350) feet of the proposed
change. If a property owner initiates a rezoning request the owner shall
' provide a boundary survey and preliminary building and site development
plans prior to consideration of the request.
, 3. If the proposed rezoning request is consistent with the propased future
land use identified in the City's Comprehensive Plan, an owner may
petition for the rezoning without signature of 50% of the affected property
owners within 350 feet. If a property owner initiates a rezoning request
the owner shall provide a boundary survey and preliminary building and
site development plans prior to consideration of the request.
' c) Action bv Planning Commission.
1. An amendment not initiated by the Planning Commission shall be referred
' to the Commission for study and report, and the Council shall not act on
the amendment until it has received the recommendation of the Planning
? Commission or until sixty(60) days have elapsed from the date of
� reference of the amendment without a report by the Planning Commission.
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ORDINANCE 52—ZONING ORDINANCE
2. Before any amendment is adopted, the Planning Commission shall hold at
least one (1)public hearing thereon after a notice of the hearing has been
published in the official newspaper at least ten (10) days and no more than
thirty(30) days prior to the hearing. When an amendment involves
changes in district boundaries affecting an area of five (5) acres or less, a
similar notice shall be mailed at least ten(20) days and no more than thirty
(30) days before the day of the hearing to each owner of affected property
situated wholly or partly within three hundred fifty (350)feet of the
property to which the amendment relates.
3. Following the hearing the Planning Commission shall make a report of its
findings and, unless the amendment has been initiated by the Commission
and the Commission determines not to recommend it to the Council, it
shall file a copy with the City Administrator/Clerk within fourteen(14)
days of the meeting at which the date of the hearing was set. When the
amendment has not been initiated by the Planning Commission, the report
shall, in any event, be filed not later than sixty (60) days from the date of
reference of the amendment to the Commission. Failure of the Planning
Commission so to report on an amendment not initiated by it is deemed to
be approval by the Commission of the amendment.
d) Action by Citv Council.
1. Upon the filing of such report, or upon the failure of the Planning
Commission to file such a report within the time prescribed by Section
52.07; Subd. 5 c) 3. on an amendment proposed by petition or by the
Council, the City Council shall hold such public hearings as it deems
advisable. After the conclusion of the hearings, if any, the Council may
adopt the amendment or any part thereof in such form as it deems
advisable. The amendment shall be effective only if two-thirds (2/3) of all
members of the Council concur in its passage.
2. If the City Council approves a rezoning request, the City shall record the
amendment at the Office of the County Recorder at the applicant's
expense.
3. The City Council shall amend its Official Zoning Map to reflect the
rezoning.
Subd. 6. Fees and Contents of Petitions for Amendments�Appeals Adjustments. Special
Use Permits and Variances.
a) Pavment Required. Any person filing a petition requesting an amendment,
appeal, adjustment, special use permit or variance shall pay a fee according to the
schedule established by the City CounciL '
52.07-10
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� ORDINANCE 52—ZONING ORDINANCE
} b) Amount. Fees payable under this section for an amendment or rezoning, appeal,
� special use permit, or variance shall be in an amount as established by resolution
; of the City Council. 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 a
deposit for these fees prior to the final hearing on the application.
c) Contents of Petition. The petition shall give the street address of the land as to
which the petition is made, contain a legal description thereof, state the mailing
address of the owner, and clearly describe the structure to be built or altered if the
petition is granted, or if the petition is for a change in any regulations of this
Ordinance, it shall state the change and the reasons therefore. The petition shall
also contain any other information which is required by other Sections of this
Ordinance. The Planning Commission may require the petitioner to submit a
certificate by a registered land surveyor verifying the front, rear and side-yard
setbacks of all buildings and structures situated on or adjacent to the property
described in the petition.
d} Successive Applications. Whenever an application for an amendment has been
considered and denied by the City Council, a similar application for an
amendment affecting substantially the same property shall not be considered
again by the Planning Commission or City Council for at least six (6)months
from the date of its denial,unless a decision to reconsider such matter is made by
not less than four-fifths (4/5)vote of the full City Council."
Subd 7 General Requirements for Petitions for Amendments Appeals Adiustments
Special Use Permits and Variances.
An�person filling�a petition re�uesting an amendment appeal adiustment, svecial use
permit or variance shall meet the en�, eral re_�uirements for Citv apnrovals under Section 14.06 of
the St Joseph Code of Ordinances.
� 52.07-11
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ORDINANCE 52 —ZONING ORDINANCE
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� Section 52.11: SIGNS
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a Subd. l: 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 inessages.
c) Signs can create traf�ic 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 snd 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 tr�c 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; nar is it the purpose or intent of this ordinance to
regulate any building design or any display not defined as a sign, or a,ny 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 standazds which permit all persons the opportunity to display a wide
; variety of inessages;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.
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ORDiNANCE 52—ZONIlVG ORDINANCE
c) Improve the visual appearance of the City while providing for effective means of
communication, consistent with constiturional guarantees and the City's goals of
public safety and aesthetics.
d) Provide for fair and consistent enforcement of the sign regulativns 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 standazds 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, sa.fety 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, s�ibsections, sentences,
clauses, or phrases be declared invalid.
Subd. 5: Definitions.
a) "Awning sign"—a buitding 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
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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
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' otherwise interfere with persons using said ballpark for its intended purposes.
i
� 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
" Iight or color effect by any means so as to provide intermittent illumination which
;
' includes the illusion of intermittent flashing light by means of animation. A1so
, any rnode of lighting which resembles zooming, twinkling or sparkling.
` fl "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) "Maxquee" —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 tap 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. 5igns should be constructed of materials either the same
as the principal structure or that appear the same.
i) "Off-premise sign" -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) "Ornamental Banner"—Any si�n designed for lon�-term use made of
performance fabric such as 100% solution dyed acrylic or substantially simila.r
non-rigid, marine grade material that is permanently mounted to a decorative light
post standard or a buildin�fa�ade by a permanent frame at two or more edges.
Ornamental banners are often referred to as"Avenue Banners" or"Street
Banners". The following are specifically excluded from this definition and sha.11
not be considered ornamental banners:
a. National flag(s), state or municipal flag(s),the official flag(s) of any
� institution or business, garden flags, or house flags.
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ORDINANCE 52—ZOIVIIVG ORDINANCE
b. Plastic,vinyl, cotton, nylon, satin, or other materials suspended from a rope,
wire, string, individually or in a series.
c. Temporary Signs.
d. Si�ns extending overhead across public or private streets,roads, highways,
alleys or easements.
k) "Pole sign"—see Pylon Sign.
1) "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 si�n face open.
m) "Sandwich board sign"—any freestanding sign which is composed of two pieces
of flat,rigid material in the shape af a squaze 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.
n) "Shimmering signs"—a sign which reflects an oscillating, sometimes distarted,
visual image.
o) "Temporary sign"—a sign that is not permanently affixed to the gound, 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.
p) "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. :
q) "Wall sign"—any building sign attached parallel to, but within eighteen(18)
inches of a wall, painted on the wa11 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 si�ns are to be erected;
52.11-4 '
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ORDINANCE 52—ZONING ORDINANCE
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c) the lot block and addition at which the signs are to be erected and the street on
; which they are to front;
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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;
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e) the cost of the sign;
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j fl 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
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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 frorn the receipt of the complete application, including applicable fee. All permits
4 not approved or denied within 60 days shall be deemed approved. If the permit is denied,the
� issuing authority sha1l 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.
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' Subd. 7: General Provisions. The following regulations shall apply to all signs hereafter
permitted:
- a) Signs shall not be permitted within the public right ofway or easements, except as
erected by an official unit of�overnment 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 tr�c
visibility.
. c) Flashing or rotating signs resembling emergency vehicles shall not be permitted
in any district.
, d) No sign sha11 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
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structure.
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ORDINANCE 52—ZONIl�TG ORDINANCE
fl 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.
�) 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. Wa11 sign
10. Ornamental Banners
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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) Si�ns 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 cantacts the ground and the owner of the land on which the same is
located shall keep gass, 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 a�ainst 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 haza.rd 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.
52.11-6
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ORDINANCE 52—ZONING ORDINANCE
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� o) No sign shall violate the side or rear yard setback requirements of the district in
; which it is placed.
-� p) No sign sha11 exceed 250 square feet in surface area.
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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
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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.
, 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 ha.s been approved for location and placement.
d) Illuminated Signs. llluminated signs, whether temporary or portable, shall have a
recognized seal of approval of listing from Underwriters Laboratories Inc. (IJL)
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 rnultiple 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.
. � 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.
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ORDINANCE 52—ZONING ORDINANCE
h) Anchors.. Anchors for portable or temporary si�ns 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 compliaance 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 e�end 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.
b) Monument Signs. Each tenant other than those in multi-tenant buildings may
have a monument sign that sha11 not exceed 80 squaze 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 si�n. The a�gregate 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 1 S 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 signa�e and shall be limited to 25%of the canopy a.rea.
Internally-illuminated canopies must be compatible with the overall color scheme
of the building.
f. Ornameirtal Banners. Ornamental banners shall be permitted in the Central '
Business District on approved standards, attached to the building fagade and on
standards attached to pedestrian area lighting, subject to a master sign plan. They
may, including standards, project from buildings a maximum of two(2)feet and
shall be at least eight(8)feet above the average grade. The size of the
Ornamental Banner shall contribute to the aggregate maximum amoum of signage
allowed within the District. They shall be limited to one(1)banner per twenty
52.11-8
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ORDINANCE 52—ZONIl�iG ORDINANCE
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(20)lineal front feet of property. Ornamental banners are subject to standards
contained in this Section and in Section 52.31 of the City Code.
1. Ornamental Banners sha11 not be internally illuminated.
i
2. Ornamental signs shall not interfere with pedestrians or vehicular access and
shall not interfere with-sight distance at street and driveway intersections.
,
; Subd. 11: Design Standards for powntown and High Visibility Corridors.
a) Design Standards for B-1 Central Business District. The following standards
pertain to signs within the B-1 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 Street; 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.
; 5. 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 ma.terials and colors.
6. Signs painted directly on window glass or hung in windows are permitted.
Such signs shall be counted toward the maximum size reyuirement 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:
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ORDINANCE 52—ZONING ORDINANCE
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 geater than tlu-ee feet.
d) Maximum distance between a projecting sign and the building face
doesn't exceed one foot.
9. Sandwich Board Si�ns are allowed only in the B-1 District directly
adjacent to Minnesota Street and College provided:
a) No more than one sandwich board sign shali 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 si�n 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 si�htlines/view at street intersections.
� The sign is made of weather and wind resistant materials of
superior quality.
g) The sign is not affixed to the sidewalk, other signa�e or temporary
or permanent structure.
h) The maximum aggregate square footage of allowable sign azea is
not exceeded.
i) The sign owner provides proof of liability insurance listing the
City as an additional insured and holding the City hazmless 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
52.11-10
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ORDINANCE 52—ZONING ORDINANCE
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are visible from Interstate 94. These standards are in addition to,
° � and supersede, other standards contained herein.
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d
1. The standards contained in this subdivision relate to signs on parcels
- � adjacent to or visible from principal arterials, minor arterials, and collector
i streets.
t
, 2. Signs shall employ superior-yuality, permanent materials. Natural
f 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.
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Subd. 12: Non-Conforming Signs: Compliance. It is recognized that signs exist within
the zoning districts which wece lawful before this si�n ordinance was enacted, but wi11 be
prohibited under the terms of this section. It is the intent of this sign ordinance that
� nonconforming signs shall not be enlar�ed 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 si�ns 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:
a) No sign sha11 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
t reconstructed or used except in conformity with the provisions of this ordinance.
�
��� 52.11-11
�
ORDINANCE 52—ZONING ORDINANCE
d) Should such sign or sign structure be moved for any reason for any distance
whatsoever, it sha.11 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.
� When a parcel of property loses its nonconforming status all signs devoted to the
property sha11 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 sha.11 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�ceeding 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 developmem in the subdivision,
whichever comes first. No signs allowed accordin�to this Subdivision may be illuminated.
Subd. 14: Construcfion related Si�ns: Contractor, engineer, architect, supplier, financial
institution and any other construction related signs shall be limited to 32 square feet and shall be
removed two (2)weeks after completion of project or issuance of a certificate of occupany of the
land or building, whichever occurs first.
Subd. 14: Non-Comrnercial 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 urrtil seven(7)days following the special -
election. 5igns permitted under this Subdivision shall be set back a minimum distance of no less
than fifteen(15)feet from the curb line, sha.11 not be on any public right-of-way, and sha11 not be
permitted on school property or any other public lands.
Subd. 15: Substitution Clause. The owner of any sign which is otherwise altowed by this
sign ordinance may substitute non-commercial speech in lieu of any other commercial speech or
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 ri�ht-of-way at the two specified locations designated by the City to promote local
52.11-12
3
�
ORDINANCE 52 —ZONING ORDINANCE
�
�
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 Commission. Banner plans will be reviewed at
regular meetings by the Planning Commission. In addition, special
meetings, provided applicable fees are paid, can be requested for plan
review. In reviewing the proposed banner, the Planning Commission
, shall consider the following criteria:
1. Tr�c circulation and pedestrian safety. Banners sha11 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 rnust 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.
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.
,_.�
�
: �2.11-13
ORDINANCE 52—ZONiNG ORDINANCE
d) Erectin�and Removing Banner. Each applica,nt 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
completion 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 subdi�ision 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�iving
notice to the City in writing of intention to cancel it, addressed to the City Clerk/Administrator of
the City of St. Joseph.
fl 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.
3ection 52.11 amended OS-21-09
52.11-14
�
� ORDINANCE 52—ZONING ORDINANCE
,
�
i
Section 52.12: GENER.AL 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.
i
Subd. 1: Accessory Buildings.
�1) In all residential districts detached accessory buildings shall be located in the rear
yard.
2). All a�ccessory buildings which are greater than fiftv (SOZ sc�uare feet, but less
than one-hundred-twenty(1201 square feet shall require a���rg-zonin�permit
and shall comply with all yard requirements applicable to the principal building in
the District. The Zoning Permit Fee shall be established and amended from time
to time bv resolution of the City Council.
3_) Accessory buildin�s �reater than one-hundred-twenty(120) sc�uare feet shall
rec�uire a buildin�permit and shall comt�lv with all , a�d requirements a�plicable
to the principal buildin� in the District.
4�_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. `
5�.__�}s�aAll other accessory buildings shall setback a minimum of fifty(50) feet
from front street right-of-way lines. Accessory buildings are further limited not to
exceed over one (1) story of sixteen(16) feet in height.
Section 52.12,Subd.la amended 1/07
b) All garages shall, if the vehicle entrance backs upon a public alley, be setback at
` least five (5) feet from the public alley right-of-way.
c) In no case shall the door of any structure, building, fence or improvement be
� erected or constructed so as to extend beyond any lot line.
d) In business and manufacturing districts, accessory buildings and uses may occupy
' any of the ground area which the principal building is permitted to occupy.
Accessory buildings such as buildings for parking attendants, guard shelters, gate
_j houses and transformer buildings, may be located in the front or side yard in the
Industrial District.
i
-� 52.12-1
F
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�.,f
ORDINANCE 52—ZONING ORDINANCE
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.
fl 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(14)fe�t in height
in all single and two family and townhouse unit lots.
h) Detached garage sidewalls shall not exceed ten feet and the pitch shall be no
greater than that of the principal structure.
i) The roaf slope shall be no granter than the steepest roof slope of the principal
structure, nor less than the average of the roqf slopes of the principal structure.
Subd. 2: Fencin . See Ordinance 56 00 Fence Ordinance which applies ta the
I construction and maintenance of all walls fences to include livin� fences.
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ORDINANCE 52—ZONING ORDINANCE
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52.12-4
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� ORDINANCE 52 —ZONING ORDINANCE
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Subd. 3: Screenin� and Landscapin�
a) Required Screenins. 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) Landscane/Vegetation Covering Re uired. 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
52.12-5
;
:_.�
ORDINANCE 52—ZONING ORI�INANCE
acceptable vegetation or landscaping techniques.
�) Landscanin�/PTanting�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 pro6lems and the possibility of utility work in the easements. The city or
utility service providers shall not be required to replace plantings or landscaping
removed or damaged during work within the easement area.
Subd. 4: Buildin and Lot Restrictions.
a) No building shall be erected, converted, enlarged,reconstructed or structurally
altered,nor shall any buildin�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.
fl On a through street, a lot fronting on two parallel streets,or a corner lot,both
street lines shall be front lot lines for applying yard, setback and parking
requirements, except that for the purpose of determining the location of the rear
yard, the following rules apply:
1. For a corner lot,the rear yard shall be that portion of the yard opposite the
yard frontage as defined by Section 52.4.63; "
2. For a through lot,the rear yard shall be that portion of a lot opposite the
street from which the principal structure derives its address.
3. Any use generally permitted`within t�e rear yard of a lot may be permitted
in the rear yard of a through lot or comer lot so long as the use meets all
52.12-6
i °
�
�...,f
f ORDINANCE 52—ZONING ORDINANCE
� � setback requirements, assuming that the front yard setback applies to a11
� streets abutting the property.
� g) Manufactured homes as defined in this Ordinance shall be limited to locations
�
` provided in the district provisions.
_�
' h) Any dwelling constructed in an area zoned R-1, on a lot of a plat approved by the
` City on or after July 15, 1991, shall include an attached or detached private garage
__� of at least 20 feet in width and 22 feet in depth. For purposes of this ordinance,
width shall be measured on the side of the garage having an overhead garage door
` for motor vehicle access.
i) Residential lots shall have no more than a single curb cut providing access to the
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.
I) Residential dwellings in the R-1, R-2 and R-3 Districts, except those within
approved manufactured home subdivisions:
1. 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: Hei�ht and Yard Excentions.
a) Chimneys, cooling towers, elevator bullc heads, fire towers, drive-in mQVie 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,
__�
s2.t2-�
�
4��
ORDINANCE 52—ZONING ORDINANCE
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 exght(8) feet in len�th and projecting
not more than thirty(30) inches into the allowable side yard space nor comices
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.
Subd. 6: Ind�endent Sewa�e Treatment Svstem 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 a11 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.
� 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 7080.070Q, 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.
52.12-8
,,y
� ORDINANCE 52—ZONING ORDINANCE
,.&
; 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:
s
" l. Site evaluation report by a licensed septic system designer including items
-4 identified in MN Rules Chapter 7080, and including a certified statement
� from the entity that conducted the evaluation.
2. A design report and drawings created by a licensed septic system designer
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) Recordkeepin�.
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: Li;�hting 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
�--f 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
52.12-9
M...l
ORDINANCE 52—ZONING ORDINANCE
shall not exceed 0.4 foot candles (meter readiztg) 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: DwellingLUnit 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.
b) Basements may be used as living quarters or rooms as a portion of residential
dwellings. Renta]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 StoraQe and Refuse.
a) Outside stora�e. Residential Uses.
1. All ontside storage of materials and equipment for residential uses
(excluding£arms) shall be stored within a building or fully screened so as
not to be visible from adjoinin�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
Pr�Pem'•
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
52.12-10
ORDINANCE 52 —ZONING ORDINANCE
ry � 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 %z ton and
-, 3/4 ton pickups, panels and sedans.
Section 52.12 Subd l0a(1B) amended 10/10
�.
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) CommerciaUIndustrial 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
52.12-11
;..:
ORDINANCE 52—ZONING ORDINANCE
orderly manner. No rubbish, salvage materials,junk, or miscellaneous refuse
shall be openly stored or kept in the open, when the same is construed by the City
Council to be a menace or nuisance to the public health, safety, or general welfare
of the City, or to have a depressing influence upon property values in the area.
d) Waste Materials. Waste materials are to be picked up and disposed of in
accordance with any and all city standards applicable to refuse/waste materials.
Excluded waste materials must be disposed of in a safe and appropriate manner in
accordance with local, state, and federal law. Release of excluded waste materials
to public or independent sewage treatment systems, the environment, or the solid
waste stream is strictly prohibited. The Disposal Service shall, upon collection,
immediately assume title to and liability for solid waste materials, recyclables,
and demolition debris.
52.12-12
}� ORDINANCE 52—ZONING ORDINANCE
�
. �
, Section 52.32: B-2 HIGHWAY 75 BUSINESS DISTRICT
�_f
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 encowage and promote high-value
Y 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
3
4. Delicatessen
� 5. Bakeries whose product is sold at retail on premises
c) Personal Services.
1. Multiple Retail
° 2. Drug stores
3. Hardwaze stores
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4. Book stores
E,
`�' S. Discount(`Big Box')retail stores
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52.32-1
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ORDINANCE S2—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 cluucs
4. Other institutions providing health caze.
e) Movie and Perfornung Arts Theaters.
fj Other use determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Section 52.32 Subd 2 amended 10/10(section subsequentiy numbered)
Subd. 3: Permitted Accessory Uses•"1'he 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 andlor automobile service and gas stations,provided that:
i
1. Motor fuel facilities are installed in accordance with state and city
`` � standards.
b
1
2. Adequa,te space shall be provided to access gas pumps and allow
� maneuverability around the pumps. Underground fuel storage tanks aze
� 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 intemal 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.
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
x � 2. Appliance repair shops
�_� 3. Appliance show rooms
��' S2.32-3
d
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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 sha11 be defined and appropriate provisions made to
protect such areas from encroachments by parked cars or moving vehicles.
n) Commercial caz washes(drive through,self-service and mechanical)provided
that stacking space is constructed, subject to approval'b`y 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 ea.ch 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 standazds.
Adequate space shall be provided to access gas pumps and allow
maneuverability azound the pumps. Underground fuel storage tanks aze 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 sha11 be defined and
appropriate provisions made to protect such areas from encroachments by
paxked cars or moving vehicZes. �
52.32-4
� � ORDINANCE 52—ZONING ORDINANCE
P
"�� p) Postal Stations
4
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 S,pecial Use Permits. The following conditions
�
aze 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.
F
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 axchitectural appearance and functional plan of the building and site shall not
be so dissimilaz 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 sha11 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.
s ; 1. A site plan sha11 be provided illustrating that the location of the
temporary/seasonal mazket meets all required pazking lot setbacks and all
other setbacks. The site plan shall be a scaled and dimensioned site plan
, � showing the layout of the entire mazket area including parking spaces for
the use,traffic patterns and stall azeas.
`l 52.32-5
3
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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 sa1e. The si°ze of a temporary
building sha11 not exceed 120 square feet�er vendor.
3. The Interim Use Pernut 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 al�owed in the
R 1 Single Family Residential District.
2. The Interim Use as a rental sha11 be obtaineri througll the procedures set
forth in St. Joseph Ordinance 52.07,Su6d. 4—Interim Use permit.
3. In requesting such an interim rental use,the landovv�er 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 sha11 be held as set forth in Ordinance 52.07 Subd. 4.
Section 52.32 Subd 6 amended 10/10(following Subd subseque�Iy numbc�ed)
Subd. 7: Setb„�ack Requirements.
a) Lot Size. Minimum lot size is 10,000 square feet with a minimum width of 100
fee.t, exceptlots,platted prior to 1950.
b) Pr�ertv adiacent to County Stafe Aid Hiehwav 75. Sha11 have a ten(10)foot
landscaped setback from the highway right-of-way line. A.ny structure shall have
a twenty(20) foot setback from the highway right-of-way.
c) Front vard. Setback shalt 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
yazd is adjacent to County State Aid Highway 75,the setback shall conform to
Subd. 5 (a)of this Section.
e) Reaz yard. Setback shall be ten(10) feet from the lot line, 35 feet if abutting a
residential district.
fl No part of the structure including foofings, soffits, gutters or other overhangs shall
encroach on easement areas.
52:3'2-6
� � ORDINANCE 52—ZONING ORDINANCE
�
`�? Subd. 7: Hei�ht Requirements.
i
a) Any portion of a structure shall not exceed 3 stories or 40 feet in height. Berming
� the building does not a11ow 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 CoveraQe. No structure or combination of structures shall occupy more
� than 60 percent of the lot area.
° Subd. 9: Other Requirements.
a) Pazkin�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.
'f
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) Buildin�Exteriors. All construction of new facilities, excludin�additions to
existin facility constructed before this provision was adopted and the addition is
less than 50% of the square feet of the original 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€r�-thirtv (�A30%)percent of all four sides of the
structure, exclusive of windows and doors, shall consist of materials compazable
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 sha11 be screened and in a suitable location as determined by the
, Planning Commission.
e) Li htin . All lighting shall be hooded and no light may directly strike County
, ; State Aid Highway 75 or areas outside of the development.
fl Stons and Curbs. Concrete curb to B-612 specifications shall be used for all
� , automobile stops and for a11 drive and parking areas.
5 52.32-7
�.�
ORDINANCE 52—ZONING ORDINANCE
g) LandscaninQ. In addition to requirements relating to parking lots,the
Development Plan shall show a unified landscaping scheme for the development.
h) Si s. A1T proposed business signs shall be an element of the Development Plan.
All signs sha11 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 w'rth 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 t�ie infent of this ordinance or
compatible with adj acent 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 Admin52trats na.9�«�a�a anoos�*s�obon sun�quencty nnomn�«a)
Section 5232 Subd 10 amended 10/l0
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) Dumpsier 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 fieating,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 standazds
� sha.11 lie with the applicant.
� � q) Reauired 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
sha11 be in an arnount 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 pubtic. 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 andlor needed during implementation of
Development Plan, or other similaz 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
4 , limited to, engineering,legal, fiscal and administrative, as estimated by the
City. Such escrow or letter of credit shall be in the forxn approved by the
City Attorney, shall be conditioned upon the approval of the development �
� � plan. '
Sub �
3 d. 11: Signs• In the B-2 Highway 75 Business district the general provisions apply to
� all signs.
&_./
52.32-9
i
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pRDINANCE 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 Sian. A,sign that is related to the business located on the same
property ta 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�SiQn. 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 sha11 have a surface area not exceeding one hundred square feet per
sign face with an aggregate total not to exceed two hundred(200)squaze
feet if double faced.
2. Such si�n 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 af common azeas 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 particulaz 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 landsc�ped azound the base.
Except for monument signs,the surface azea of the base of any Business
Sign sha11 not exceed 25%of the face area unless structural engineering
illustrates the face cannot meet the wind loading requirement of the
Building Code.
i f a Business Sign shall be 15 feet.
5, The maximum height o
52.31,Subd.10.b.amended 4R005('section subsequendy ronumberod)
52.32-10
ORDINANCE 52—ZONING ORDINANCE
,_�
�
i 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:
€
l. 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: Regulation of Activities AdLcent 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
pazagraph,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 pazking 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.
p , 4. The construction or maintenance of a septic system.
Section 52.32 Subd 12(Interim Use Permits)removed
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��' S2.32-11
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T6b psge intenttoo�tly lelt bl�ak
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E
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ORDINANCE 52—ZONING ORDINANCE
p
1
a
Section 52.34: LI-LIGHT INDUSTRIAL DISTRICT
1
,
i
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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.
fl Dry cleaning and drying establishments.
g) Manufacturing/assembly of crates,boxes,baskets,fumiture,veneer,
cabinets and similar word items.
h) Building materials sales and storage/lumberyards.
i) Manufacturing of plasric,fiberglass and metal products.
j) Mini-storage.
k) Major automotive repair.
1) Offices/showroom/retail space as a portion of the principal industrial use provided
; they do not exceed a combined 25 percent of the total square footage of the
principal use.
m) Appliance assembly and warehousing.
;
� 52.34-1
._.
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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 shucture.
t) Wholesale or distributor storage and distribution of non-hazardous materials.
u) Wholesale water conditioning systems.
v) Uses detemiined 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. L
Subd.3:Permitted Accessory Uses.The following uses shall be permitted as an
Accessory Use in the Light Indushial 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.
fl Business identification signs as regulated in Subd. 11.
g) Temporary buildings for construction puiposes for a period not to exceed a period
of 12 months.
Subd.4: Uses Under Special Use Permit.The following usea ahall require a Special Use
Permit based on the procedures set forth in this Ordinance.
a) Adult Entertainxnent as regulated in Section 52.15 of this Ordinance.
52.34-2
1
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ORDINANCE 52—ZONING ORDINANCE
b) Commercial activities relating to production systems,structural maintenance
� programs or the construction industry.
c) Service shuctures,public or private,designed and used to serve the uses in the
isurrounding area,such as elech�ic power substation,telephone buildings,deep
wells,elevated tanks and similar shuctures and uses.
d�_Biotechnol �and health scie�ice research,development,maiiufactui�uig,audoz'
' �roduction facilities includizig but not lunited to devices �roducts,comqone�i,ts
j and seivices whether organic or inor�anic iu nahu•e. � _____- commented[ys1]:'fhe City has previously
-------'---- identified[he Industrial Zoning Distxict as
� � an area suitable for Biomedical Research and
�$� Commercial/Industrial Planned Unit Development. �aenc�fsea cne a�scr��c in a grant proposal.
The Ordinance was never amended.
i et) When property within a Light Industrial District abuts County State Aid Highway
75:
1. Motels
2. Gasoline service stations
i
3. Restaurant or supper clubs
4. Drive-in establishxnents,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
€g) Indoor Firing Range provided that:
1. The firing range shall not be located on any lot adjacent to an existing
Residential,EducationaUEcclesiastical or Public District unless the facilitv
is set3arated b�a pub(ic right-of-way.
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. �ie-t+s� e€-EHe�x�}�it��^'�Q,^aQ�,-�e-El3e
. Commentad[gs2]:Delete as this is redundant -
� =--------------------------�
the City has building code adopted.
4. The building and method of operation shall conform with the applicable
Minnesota Pollution Control Agency,Environmental Protection Agency,
y and OSHA standards for indoor ventilation,emission into the atmosphere,
indoor sound levels,lead containment and outside noise standards.
� 52.34-3
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ORDINANCE 52-ZONING ORDINANCB
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 cert�ed plans sha11
include the apecifications and conatruction of the bullet trap(s),ceilings,
exterior and interiar walls and floors. The certi�ed 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 apecifications of the firing range.
7.
, COIh1YMt1LMl[Qi3�7Proposed fox deletion - may
aa V G t,..tt s.,,.....'F:.,.i 1.,.«t,,.«,.:,7s.,e:�,,..::�TI�1.. be found to violate NRl Stat. 87A.03, Subd. ! �
uaaio�-vx�T[o a�ci ox�uxx vo �cxxxxoa c�-pnvco x o:x v � part 2 ��
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B---Firearms shall not be stored on the premises when the range is closed far
Business,unless they are stored in a secur v .
9----
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52.34-4
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' ORDINANCE 52—ZONING ORDINANCE
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� ��:8_On-site supervision shall be supplied at all times by an adult with
credentials as a range operator. The range operator shall be responsibie
for the conduct of their place of business and the conditions of safety and
order in the place of business and on the premises.
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I� �eSI.__ � ,- COII1111lIIESd[ge4]:Lf contained completely
_______'_'''______________________'____�
inside a building perhaps this standard isn't
needed.
-]?:l p. On site instcuction shall be given only by Certified Firearcns 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.
�8:11.
�� - Commentad[ps5]:P=oposed deletion as a City
-------------�� approval could mean liability incurred in the
event o£ a breach in security. In addition,
-1�12. The transport offirearms on the premises,to the premises and from the difficult to w,oW What ra.•�eW standards Wo�ia
premises shall conform to State Law. be °'ea.
�13, 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 or using the facility provided
0 a•e�v#iek-is-su ervised b an adult instructor. ,- commenoed���:aiioW minors to shoot at the
�I' � p y - ---�-------�-------��--� range even if not attending gun safety classe:
7..Y., ,•F�... e �t,.,11.,,.r..011 ,...7:....,..,..e .,�,...:,,..�:„..7:,...,,...� provided they are under adult supervision
14. , .,.., .a:s:...6.�
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I ' ' ' •' ' ' ' _ , Commented[ys7]:Redundant same as no. 2
l Formatted:List Paragraph, No bullets or numbering,Tab
�----
stops:Not at 0.52"
' S2.34-5
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ORDINANCE 52—ZONING ORDINANCE
�15 If retail sale and renair of weayons and/or ammunidos►is conducted on the
�t�mises the mana�ement shall com�ly with all licensing�d operations
�uirements of the Federal Bureau of Alcohol,Tobacco_,and Firearms.
I ��.?16. ' ' • ' ' .
.,, a,,..,t�C...1.,.L,..,...� � Comm�ntad[q�8]:Delete, eonditions can be •
�---------------'---'--'--'-"-"-�� attached to the speciel use permit and
��onitozed by staff.
Subd.5: Lot Area Req.uirements.
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,emended 1/07
Subd.6: Setback Reguirements. No part of the structure including footings,soffits,
gutters or other overhangs shall encroach on easement azeas.
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 ahall ba thirty(30)feet.When an
industrial district lot is separated from a residential2one 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 ' C�i___yt ,and
shall not be used for parking.
Side Yard Setbacks.
a) Side yard setback ahall be at least lwenty-five(25)feet from the lot line.
Development occurring on lots platted prior to January 1,1999 shall be subject to
tt�e 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 ship 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 goveming 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.
52.34-6
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ORDINANCE 52—ZONING ORDINANCE
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 ' Citv.
Rear Yard Setback.
i
a) Rear yard setback shall be at least twenty(20)feet,which may be used for
"� parking.
Subd.7:Heiaht ReQUirements.
a) No building constructed in any Light Industrial District shall be more than fiRy-
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 Coverase. No strucNre or combination of structures shall occupy more
than 50 percent of the lot area.
Subd.9:Other Reauirements.
a) ParkingLots. 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) Loadi�Docks. Al(loading docks shall confoml to the standards set forth in
Section 52.10.No loading docks or overhead doors shall d'uectly face County
; State Aid Highway 75.
� c) Building Exteriors. All construction of new facilities.exclud'uig additious that are
less than 30%ot'the existir�stiucnue,shall consist of pre-cast or cast rip up
concrete walls,concrete block(painted or decora6ve),and stick built
conshuction.and sh�11 uiclude•��°t r.�.�°��.���, F.°,r�.•,:�� footings that meet the
I requirement of the MN State Buildina code in relation to fi•ost protection s�»errt
Ehe sE}�ef�tre as t•eg�t�'°���T'n2i.�T`��>p-ooQo
„
I �
Pre-finished architectural metal panels,with a minimum twenty(20)year ��- Formatted:Indent:First line: 0"
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 doars,shall consist of materials comparable to:
i face brick;natural stone or cultured rock;glass;vinyl;stucco,aluminum
i 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..
� 52.34-7
ORDINANCE 52—ZONING ORDINANCE
Updated 5233,Subd.9(c)on 1/2005���04 gubsequrntlyrenwnbero�
d) Every applicant for a permit develop or expand any industrial property in the City ,
shall be required to submit a complete and accurate atatement concerning the
specific nature of the use to which the properry 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 sha11 have the right to require any additional
informarion,conections,or control,deemed necessary for the protection of the
public. The Planning Commisaion shall have the right to hire expert consultants,
at the permittees'expense,to assist in the establishment of special restrictions for
any Industrial Use.
fl Every applicant sha11 be required to submit for approval e€�e-�e�t�g
I ��s�e�a landscape�lanproviding for the_planting of trees and other ,- commented(y.$)7 Previounly the Planning
----- ''-'-�--''-' Commisaion zelieved the requi=ed for ell
V8g8tSt10R. building petmits to be approved by the ��
Planninq Commisaion, but eome of the
g) Any use creating periodic earthshaking vibration ahall be prohibited if undue provisions Ware not changed.
vibrations are perceptible beyond boundaries of the property on which the use is
located. This standard sha11 not apply to vibrations created during the process of
conshuction.
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 sWrage or usage of liquid petroleum,
natural gas for normal residential or business use providing other perfonnance
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 substences shall comply with the requirements of
the Minnesota State Fire Marshall,the Minnesota Department of Agriculture and
other hazardous substance legislation by the Federal govemment. The user of
such material shall have documents from the above of£ces 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) een' . Alt heating,ventilation and air conditioning equipment,and refuse
I storage areas shall be screened and in a suitable location es-�eEer�;e�}-Eke
�• �f�� , CommsnEed[qs10]:Sama as comment above
81 �--------------------------------------� '
L) Liahtina. All lighting shall be hooded and no light may directiy sirike any
52.34-8
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; street/highway or areas outside of the development.
$
�x3}--��et�s-a�-C��t�is—�exei�ete-e�io-F3-6-1-?�ee'-t€'iea�iax�°n'��„i
�in) Landscanine. In addition to requirements relating to parking lots,the
Development Plan shall show a unified landscaping scheme for the development.
� an) SiRns. All proposed business signs shall be an element of the Development Plan.
All signs shall conform to the requirements of Subd. 11.
� 1�0) A Lock Box shall be installed on ail buildings before a cert�cate of occupancy
will be issued.
9
Subd. 10:Development Plan Rec�uirements. 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 disirict,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
pconformity to the Qrdinance,the foliowing information must be presented to the Zoning
Administrator.
Updated 52.33,Subd.10 oa 4/2005�`section subsequeuUy rewmberec�
' � Section 52.34 Subd!0 emended 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.
fl Sign location and dimensions.
g) Lighting standard and hood detail.
h) Pazking and loading areas identified.
i
pi) Drainage by the use of arrows and/or contours.
y
j) Screening of hearing,ventilarion and air-conditioning equipment.
� k) Landscaping material including the location,type of plant and size.
1) Fire hydrant and fire lane locations.
a
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� 52.34-9
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ORDINANCE 52—ZONING ORDINANCE
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 federai,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. Pavment Required. Any person filing a petiiion 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 offtcials may require an escrow deposit,
cask►ier'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 sha11 be in the form approved by the City Attorney.
3. Develo�ment 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 Ciry. 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,furniah a cashier's check,escrow account or irrevocable letter of
credit in favor of the CiTy in an amount equal to 11Q%of all costs
associated with City's review of the development,including but not
limited to,engineering,legal,fiscal and adminisirative,as estimated by the
City. Such escrow or letter of credit shall be in the form approved by the
52.34-10
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` ORDINANCE 52—ZONING ORDINANCE
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City Attorney,shall be conditioned upon the approval of the development
plan.
t Subd. 11: Si ns.In the L-I Light Industriai district the general provisions apply to all
� signs.
a) Special and Temporary Si�ns.
4
' 1. One(1)identification sign not exceeding thirty-five(35)square feet in
area for the following uses:churoh,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.
' 2. Temporary signs advertising a new subdivision development limited to the
following: (1)maximum size shall be thirty-two(32)square feet in
surface area,(2)maximum height of fifteen(15)feet above ground level.
3. Real estate signs,including signs advertising the sale or rental of premises,
are pernutted 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 pernutted,provided that such signs shall be removed promptly
upon completion of the work and fixrther provided that auch signs shall not
exceed thirry-two(32)square feet in area.
b) Portable Siuns.
' 1. Definition. A portab(e sign is one that is movable from one location to
� another and is not permanently affixed to the ground,sales display device,
or shucture.
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. Lenath 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 Sians
' S2.34-11
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ORDINANCE 52—ZONING ORDINANCE
l. 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 relatea,ie conducted.
3. Notwithstanding the above,where two or more separate and individual
commercial operations ara 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 aubdivisions 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 shucture,may maintain a SQ 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 combina6on of two or more business operations within a
single shucture includes,but is not limited to,ahopping 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 un(eas structural engineering
illustrates the face cannot meet the wind loading requirement of the
Building Code.
5. The maximucn height of a Business Sign shall be 15 feet. ,
52.33,Subd.1]c amended by adding 4.and 5,on 4/2005('section subsequrntty remambered)
d) Advertising or pylon signs shall not be permitted.
e) Sian Removal. All signs not maintained and kept in good repair shall be subject
to removal upon direction of the City Building Inspector.
Subd. 12: Reaulation 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 starage sheds,recreational docks and
storm water or erosion conirol devices shall not be considered buildings.
52.34-12
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' ORDINANCE 52—ZONING ORDINANCE
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a 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
3 the parking of a vehicle or trailer.
; c) The following activities shall be subject to a 100 foot setback from
wetlands:
�
1. 'The conshuction or maintenance of a well used for agricultural
irrigation,or any well less than 50 feet in depth.
2. External storage of materials used itt 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.
X
d
� ? 52.34-13
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T6is page intentionally left blank
,_�
CHAPTER V—BUILDING, LAND USE ®ULATIONS
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Subd. 3: Amendments. The provisions of this Ordinance shall be amended by the City
' Council following a legally advertised public hearing before the Planning Commission and in
' accordance with the law, including the rules and regulations of any applicable state or federal
$
agency.
� Subd. 4: Variances.
� a) Whenever it is found that the land included in a subdivision plat,presented for
' approval, is of such size or shape or is subject to, or is affected by such
6
topographical location or conditions, or is to be devoted to such usage that full
conformity to the provisions of this Ordinance is impossible or impractical, t e
' City Planning Commission may recommend to the City Council that said Council
authorize variations or conditional exceptions in the final plat so that substantial
} justice may be done and the public interest secured.
b) The Variance application material requirements, administration and request
processing shall be as set forth in the City's Zoning Ordinance, Section 54.07.02
' (Variance process) as may be amended.
Subd. 4: General Reauirements for Subdivisions Includin�Minor Plats. No Subdivision
� or klat includin�minor�lats shall be g,ranted to an applicant and/or landowner unless the
��licant andlor landowner has complied with the �eneral requirements for Citv approvals under
Section 14 06 of the St Jose�h Code of Ordinances.
; � Subd. �6: Violation. Any person violating any provision of this Ordinance shall be
guilty of a misdemeanor. Each day during which compliance is delayed or such violation
continues or occurs shall constitute a separate offense and may be prosecuted as such.
i Section 54.20: SCHEDULES OF ADMINISTRATIVE FEES CHARGES AND
EXPENSES.
Subd. 1. Fees and charges, as well as expenses incurred by the City for engineering,
planning, legal, and other services related to the processing of applications under this Ordinance
shall be established by the Council and collected by the City Administrator for deposit in the
; City's accounts. Fees shall be established for the processing of requests for platting, major and
minor subdivisions, review of plans, and such other subdivision-related procedures as the
j Council may from time to rime establish. The Council may also establish charges for public
; hearings, special meetings, or other such Council actions as are necessary to process
applications.
; Subd. 2. Such fees, charges and estimated expenses (as well as a deposit, if so required
by the City Administrator) shall be collected prior to City action on any application. All such
applications shall be accompanied by a written statement between the City and the
._.� applicant/landowner(when the applicant is not the same person or entity as the landowner, both
the landowner and the applicant must sign the agreement)whereby the applicant/landowner
�
54-59
)
CHAPTER V—BUILDING, LAND USE ®ULATIONS
agrees to pay all applicable fees, charges and expenses as set by Council resolution as provided
above, and which allows the City to assess the above fees, charges and expenses against the
landowner if such monies are not paid within thirty(30)days after a bill is sent to the
applicant/landowner.
Subd. 3. These fees shall be in addition to building permit fees, inspection fees, trunk
storm water facility costs, zoning fees, charges, expenses and other such fees, charges and
expenses currently required by the City or which may be established in the future.
Updated 6/2003
54-60
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� CHAPTER V—BUILDING, LAND USE ®ULATIONS
, .�
'� Subd. 47: Safetv. The condition of being reasonably free from danger and hazards
` which may cause accidents or disease.
:.�
� Subd. 48: Substandard dwellin�. Any dwelling which does not conform to the minimum
standards established by City Ordinances.
, �
� Subd. 49: S�plied. Paid for, furnished by, provided by or under the control of the
` owner, operator, or agent of a dwelling.
� �,
Subd. 50: Meaning of certain words. Whenever the words "dwelling", "dwelling unit",
"premises", "rental property" or"structure" are used in this ordinance, they shall be construed as
� though they were following by the words "or any part thereof'.
Section 55.04: LICENSING OF RENTAL LJNITS.
, Subd. 1. Limitation on rental�roperties. All rental properties located in an R-1 or R-2
Zoning District newly licensed or not covered by a valid Interim Use Permit (hereinafter
, I "I.U.P"). shall " " " " be allowed as
7
a described below:.
a. R-1 Propertv. Any property which is rented in an R-1 area are onlv
allowed through issuance of an Interim Use Permit as provided for and
reg.ulated in Section 52.27 Subd. 5.
�
F ,� ,�� �,e ,. •ea ,,.,a ��,e „ .,e..� ..,,,., ,�}�Y�ao�..,,.;.,
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.�.I
CHAPTER V—BUTLDING, LAND USE &TtEGULATIONS
b. R-2 Pro�ertv. In the R-2 zone, single-family dwellings are�ermitted bv
issuance of a suecial use�ermit as regulated in Section 52.28 Subd. 3(n).
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c. R-3 Pronertv. The R-3 district is intended to provide a district which will '
allow a higher density of residential development where City sewer
services are available, subject to the terms of the various applicable St.
Joseph Zoning Ordinances.
d. R-4 Propertv. In the R-4 district, rental of properties is not allowed,
except for housing exclusively dedicated to housing the elderly or persons
age 55 or older.
Subd. 2. Apnlication. The owner of any structure in which one or more dwelling units or
rooming units are intended to be let shall make application for a rental housing license prior to
letting the unit, unless such unit is currently licensed or is exempt`from the provisions of this
Ordinance. The owner shall not allow occupancy of such unit until the required license fee has
been paid and a rental housing license has been issued pursuant to this division. No rental license
shall be �ranted unless the a..�nlicant has met the �eneral requirements for Citv avprovals under
Section 14 06 of the St. Jose�h Code of Ordinances.
Subd. 3: Registration. No person shall operate rental property in the City of St. Joseph
without first having properly made and filed a registration statement with the Compliance
Official. Any person filing such a registration statement thereby consents to be bound by all of
the provisions of this ordinance and the other ordinances of the City of St. Joseph, as they may
relate to rental property. In the case of any rental property occupied on or before February 1,
1981,the registration statement shall be filed before February 1, 1981. In the case of rental
property completed and ready for occupancy after February 1, 1981, a registration statement
shall be filed and a rental license secured prior to the occupancy of the dwelling. The
registration statement shall be made and filed on forms fiunished by the Compliance Official for
such purposes and shall set forth the following information:
a) Name, address and residence phone number of the owner, and if a corporation, the
name of officers and registered off'ice thereof. All owners must be listed.
b) Name and address of the rental property and the number of units to which the
registration applies.
c) The name and address of the owner's agent for the receipt of notices of violations
of the provisions of this ordinance and other applicab]e ordinances of the City of
55-9
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� CHAPTER V—BUILDING, LAND USE ®ULATIONS
, .a
� ORDINANCE 56 FENCE ORDINANCE .......................................................................... 56-1
' Section 56.01: APPLICATION .......... 56-1
..........................................................................
� Section 56.02: PURPOSE............................................................................................. 56-1
$ Section 56.03: PERMIT................................................................................................ 56-1
�
� ` Section 56.04: FENCE HEIGHT 56-2
..................................................................................
, ,e Section 56.05: FENCE MATERIALS .......................................................................... 56-2
;' Section 56.06: LIVING FENCES
.......................................................................... 56-356-�
' Section 56.07: BORDER FENCE OR WALL........................................................ 56-3�
, Section 56.08: VARIANCE................................................................................... 56-4�
�
�� Section 56.09. PRE-EXISTING FENCES 56-4�
' ............................................................. �
' Section 56.10. MAINTENANCE OF FENCE 5
' ....................................................... _6-4�
� Section 56.11: EMERGENCY ACCESS TO FENCED AREAS............................ 56-4�b-3
; Section 56.12: RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS........... 56-4
Section 56.13: PENALTIES/REMEDIES.........................
............................................ 56-4
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56-0
CHAPTER V—BUILDING, LAND USE ®ULA'�IONS
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.
. , . ,
I ' � * �� :��:�;?:. 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: PURPOSE. This Ordinance was enacted for the following purposes:
a) To regulate fence or wall construction and Iocation.
b) To protect property from a loss of use, enjoyment or value due to the construction
of aesthetically objectionable fences or wa11s on adjacent property.
I c) To assure that fences and walls are constructed e�r-adjacent to 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.
� To require walls or fences to be constructed of non-toxic materials.
Section 56.03: PERMIT. Prior to constructing or reconstructing a fence or wa11 within
the City, the person or entity owning the property on which the wall or fence is to be constructed
or reconstructed shall first secure a fence permit from the ' ' ' Ci�y Building
� Official. 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) Le�al description of the property on which the fence or wa11 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 wa11,
d) A description or sketch of the design and dimensions of the fence or wall,
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; CHAPTER V—BUILDING, LAND USE & REGULATIONS
3
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e) Compliance with the provisions of Section 56.07 (Border fence or wall).
_, I The application shall be�-°���reviewed bv the City Building Inspector for�e�ie�
�e--issuance of a buildin�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: FENCE HEIGHT.
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 site/landscaping 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
I use; except fences located between the front of the industrial structure and the
adlacent roadway shall not exceed four feet in height.:
�
d) If two different zones abut, the zoning requirements of the property owner
constructing the fence shall control.
Section 56.05: FENCE MATERIALS.
� 1. Fences constructed in residential zonin� 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 u�on 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
� f material complementarX to the urincipal structure Chain link fencing shall be
,
prohibited in the front xards in all Commercial Zoning districts
�.�1
56-2
CHAPTER V—BUILDING, LAND USE®ULATIONS
3 Barbed wire and electrical fences are strictly prohibited excent within the
�,ricultural districts.
4 Use of creosote lumber is prohibited.
5 Decorative landscape retaining andJor privacv walls mav be constructed out of
stone masonr�or brick�rovided they are� not less than four inches or more than
24 inches in widths Such walls over four(4)feet in heiQht shall reauire footin�s
that su�ort the structure as reauired by the MN State Buildin� Code.
6 Concrete decorative landscape retainin�andlor privacv walls shall be vrohibited
unless they axe formed from decorative andlor colored concrete. less than 24
inches in hei�ht and included as part of an overall landscat�e theme which has
been developed.
7 Other materials which are not specifically allowed bv this Section, nor
snecificallv nrohibited mav be�ermitted subject to Citv Council review and
approval.
Section Sb.06: 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 t$e tree or shrub which
extends across the property line over his or her property,
Section 56.07: BQRDER FENCE OR WALL.
a) A fence or wall constructed of maintenance-free materials may be constructed
adjacent to the property line so Iong as.all parts of the fence, including post
anchor.s, 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-]ink 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 iine,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.
56-3
CHAPTER V—BUILDING, LAND USE ®ULATIONS
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 accessibility 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
I resolution of the City Council. ,
9
Section 56.09: PRE-EXISTING FENCES. 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.
Section 56.10: MAINTENANCE OF FENCE.
a) All 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 a motor vehicle to see other drivers or pedestrians on any street or alley.
Section 56.11: 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.
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 ta
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
. , 56-4
�.�
CHAPTER V—BUILDING, LAND USE®LTI.ATIONS
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(a)&(c)updated 2/24/98
Sea 56.7(c),56.12&56.13 amended 1/07 �
Ordinance Amended 07/OS/12
Sb-5
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� CHAPTER V—BUILDING, LAND USE ®ULATIONS
��
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* � ORDINANCE 57 EXCAVATION ORDINANCE
�
�
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Section 57.01: SCOPE. This ordinance regulates the making of excavations within the
' � public right of way of streets, alleys, public easements, and other public grounds; provides for
' the enforcement of the rules and regulations contained herein and prescribes penalties for the
� �
violation thereof.
t
' Section 57.02: DEFINITIONS. For the purpose of this ordinance, certain words and
terms used herein are defined as follows; and they shall have the meaning herein ascribed to
; unless a different meaning is clearly indicated by the context in which they are used.
a
Subd. 1: Person. Shall mean individual person, corporation, partnership or association of
y individual persons, or any public utility corporations.
Subd. 2: Cit�. Shall mean the City of St. Joseph, Minnesota.
Subd. 3: City Engineer. Means that person or firm designated by the Council as City
Engineer.
` Subd. 4: Maintenance Superintendent. Shall mean that person designated by the City as
Maintenance Superintendent. ;
Subd. 5: Shall. As used in this ordinance is mandatory.
Subd. 6: Improvement. As used herein shall include, but not be limited to, the following:
water lines; sanitary and storm sewer lines; whiteway and other street lighting; traffic signal
systems; traffic and street signs; topsoil; sod; trees; public utility lines and systems; streets and
bicyclepaths including subgrade, base, pavement or other surfacing, curbs, gutters, medians,
sidewalks, ramps, and similar items; and all appurtenances to the aforementioned items.
Subd. 7: Excavate. Shall mean to dig or otherwise disturb the existing ground surface; to
drill,jack, bore,or tunnel in or under existing ground surface; to undermine or otherwise impair
the stability of the ground surface or any improvement on or below the ground surface; and to
place excavated materials or debris on the ground surface obstructing or otherwise interfering
with the free use of said ground surface or any improvement.
' Subd. 8; Permittee. Shall mean the person to whom a valid excavation permit has been
issued by the City of 5t. Joseph.
�__�
57-1
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CHAPTER V—BUILDING,LAND USE ®ULATIONS
Section 57.03: GENERAL. No person shall excavate within the public right of way of
any street, alley,public easement, or other public grounds for any purpose other than in
fulfillment of a contract awarded by the City until a valid excavation permit has been issued
therefore by the City Administrator/Clerk.
Section 57.04: EXCAVATION PERMIT.
Subd. 1: Appl_„ ication• Application shall be made in writing on forms approved by the
City and available from the City Administrator/Clerk. Said application shall state in detail the
nature and character of the excavation to be made, the location thereof, and such other
information as the Maintenance Superintendent may reasonably require to enable him to fully
evaluate the nature of the work to be accomplished and the extent to which it will conform to the
requirements of this ordinance;provided,however, that in the event of an emergency, such work
as is required to aYleviate the emergency may be accomplished without benefit of permit. In this
event, however, application for permit shall be made during the next succeeding work day and
the applicant shall be subject to a11 of the remaining provisions of this ordinance.
Subd 2' General Reauirements No excavation permit will be issued to anv nerson
unless the�erson has com�lied with the �.eneral requirements for Citv anprovals under Section
14 06 if the St Jose�h Code of Ordinances.
Subd. �3: Permit Fees. A non refundable permit fee as may be established by resolution
of the City Council shall be paid to the City Administrator/Clerk at such time as the application
is submitted.
� Subd. 34: Insurance. Persons intending to excavate under this Ordinance shall carry a
general policy of liability and property damage insurance which shall have minimum limits of
coverage of$100,000 for injuries to or the death of one person and not less than$250;000 on
account of one accident, and not less than$100,000 for property damage. A properly executed
certificate of insurance stating the coverage limits provided and certifying that the policy ',
complies in all respects with the provisions of this Ordinance shall be submitted with the
application. Said policy shall:
a) Include a"Hold Harmless Clause", specifically naming the City of St. Joseph as
the insured,which indemnifies and holds harmless the City of St. Joseph, its
officers, elected officials, agents, and employees from and against all claims,
damages, losses and expenses (including legal fees) arising out of or from
operations conducted by persons working under an approved excavation permit.
b) Provide that the coverage afforded shall be primary coverage to the full limits of
liability stated in the declarations, and if said City of St. Joseph; its officers,
elected officials, a�ents and employees have other in�uran�ce against the loss �
covered by said policy, that other insurance shall be excess insurance only.
c) Provide that no cancellation of said insurance policy may be made by the insured '
or insurance company, for any cause,without first giving twenty(20) days notice
57-2