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HomeMy WebLinkAbout[09] Ordinance AmendmentsCITY OF MT. JO,SKPH MEETING DATE: AGENDA ITEM: SUBMITTED BY: Planning Commission Agenda Item 8 November 4, 2013 Ordinance Amendments Administration PREVIOUS PLANNING COMMISSION 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. The Planning Commission conducted a public hearing on October 7, 2013 to consider various Ordinance Amendments. The amendments to Ordinance 52.32, 52.34 and 56 were tabled to November for additional verbiage. BACKGROUND INFORMATION: Ordinance 52.32 Language has been added regarding accessory buildings Ordinance 52.34 Language has been added regarding accessory buildings. Ordinance 56 In looking at the Ordinance again, it clarifies that a fence in a residential district must be wood or chain link material so the snow fence becomes a non issue. 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. THIS PAGE INTENTIONALLY LEFT BLANK ORDINANCE 52 — ZONING ORDINANCE Section 52.32: B -2 HIGHWAY 75 BUSINESS DISTRICT Subd. 1: Intent. The Highway 75 Business District is intended to control the use and development of land and improvements by creating a mixed land use district near and adjacent to the County State Aid Highway 75 corridor in the City of St. Joseph. This shall be done by allowing for a mixture of land uses and by establishing stringent standards for development. This section shall be administered in a manner which will encourage and promote high -value development in a manner similar to a planned unit development, taking full advantage of the City's highway location. It is also the purpose of the Highway 75 Business District that a pleasant, attractive, and aesthetically pleasing environment be developed. Subd. 2: Permitted Uses. The following uses are permitted: a) Business Services 1. Banks 2. Office space b) Food Services. 1. Grocery stores 2. Supermarkets 3. Restaurants, except drive -thru restaurants 4. Delicatessen 5. Bakeries whose product is sold at retail on premises c) Personal Services. 1. Multiple Retail 2. Drug stores 3. Hardware stores 4. Book stores 5. Discount (`Big Box') retail stores 52.32 -1 ORDINANCE 52 — ZONING ORDINANCE 6. Retail apparel stores 7. Flower shops 8. Beauty shops and salons 9. Photography shops and studios 10. Funeral homes d) Medical Services. 1. Medical clinics 2. Dental clinics 3. Veterinary clinics 4. Other institutions providing health care. e) Movie and Performing Arts Theaters. f) Other use determined by the Planning Commission to be of the same character as contained in this Subdivision. Section 52.32 Subd 2 amended 10 /10 (section subsequently numbered) Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an Accessory Use in the Highway 75 Business District and subject to all the requirements in this Section: a) Commercial or business building for a use accessory to the principal use, not to exceed 30% percent of the size of principal structure. b) Signs which meet the criteria of Subdivision 9 of this section. C) Temporary buildings for construction purposes for a period not to exceed construction. d) Off - street loading and parking areas, subject to applicable section(s) of this Ordinance. e) Fences, landscaping. 52.32 -2 ORDINANCE 52 — ZONING ORDINANCE Subd. 4: Uses Under Special Use Permit. The following uses shall require a Special Use Permit based on the procedures set forth in Section 52.07.03 of this Ordinance: a) Auto malls and/or automobile service and gas stations, provided that: 1. Motor fuel facilities are installed in accordance with state and city standards. 2. Adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations minimize conflict with circulation, access and other activities on the site. 3. Wherever fuel pumps are to be installed, pump islands shall be installed. 4. A protective canopy located over the pump island(s) may be an accessory structure on the property; however, adequate visibility both on and off site shall be maintained. 5. An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. b) Office warehousing. c) Lawn and garden temporary sales area. d) Lumber yards and home improvement retail centers. e) New or used auto dealerships. 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. Radio and television shops 2. Appliance repair shops 3. Appliance show rooms 52.32 -3 ORDINANCE 52 — ZONING ORDINANCE j) Recreational Services. 1. Theaters 2. Bowling establishments 3. Clubs and lodges k) Hotels 1) Motels m) Drive - through and convenience food establishments, provided that an internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. n) Commercial car washes (drive through, self - service and mechanical) provided that stacking space is constructed, subject to approval by the City Engineer, to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period. o) Convenience Store with gasoline, provided that: 1. The sale of food items is in compliance with state and county standards and subject to the approval of a Health Inspector who shall provide specific written sanitary requirements for each proposed sale location. 2. The approximate area and location devoted to non - automotive merchandise sales shall be specified in general terms in the application. 3. Motor fuel facilities are installed in accordance with state standards. Adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations minimize conflict with circulation, access and other activities on the site. 4. Wherever fuel pumps are to be installed, pump islands shall be installed. 5. A protective canopy located over the pump island(s) may be an accessory structure on the property however adequate visibility both on and off site shall be maintained. 6. An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. 52.32 -4 ORDINANCE 52 — ZONING ORDINANCE P) Postal Stations q) Uses determined to be of a similar nature as those permitted under Subd. 1, upon a finding that the uses will not be detrimental to the health, safety and welfare of the City, and that the use is consistent with the stated intent of the zone as contained in Subd. 1. Subd. 5: Conditions Applicable to All Special Use Permits. The following conditions are applicable to all uses under a special use permit: a) When abutting a residential use in a residential use district, the property is adequately screened and landscaped. b) Parking areas shall be screened from the view of abutting residential districts. C) Vehicular access points shall be limited, shall create minimal conflict with through traffic movements, shall comply with all appropriate Chapters of this Ordinance as may be amended and shall be subject to the approval of the City Engineer. d) Provisions are made to control and reduce noise in accordance with MPCA standards. e) The entire site other than that taken up by a building, structure or plantings shall be surfaced so as to control dust subject to the approval of the City Engineer. f) The entire area shall have a drainage system subject to the approval of the City Engineer. g) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. h) All outdoor storage shall be completely screened from view. Subd. 6: Uses Under Interim Use Permit: The following uses shall require an Interim Use Permit based on the procedures set forth in Section 52.07.04 of this Ordinance: a) Farmers Market/Outdoor Market — a publicly or privately operated, open -air establishment where agricultural or new or used projects are sold. A site plan shall be provided illustrating that the location of the temporary/seasonal market meets all required parking lot setbacks and all other setbacks. The site plan shall be a scaled and dimensioned site plan showing the layout of the entire market area including parking spaces for the use, traffic patterns and stall areas. 52.32 -5 ORDINANCE 52 — ZONING ORDINANCE 2. Any temporary structure placed on the property for such sales must be removed at the end of the selling season or sale. The size of a temporary building shall not exceed 120 square feet per vendor. 3. The Interim Use Permit shall be obtained through the procedures set forth in St. Joseph Ordinances 52.07 Subd. 4 — Interim Use Permits. b) Rental Units. 1. Residential units in areas that have been rezoned to commercial from residential may be eligible for an Interim Use Permit as a rental unit for a specific period of time. The maximum density for rental units under the Interim Use Permit shall be limited to the density which is allowed in the R -1 Single Family Residential District. 2. The Interim Use as a rental shall be obtained through the procedures set forth in St. Joseph Ordinance 52.07, Subd. 4 — Interim Use Permit. 3. In requesting such an interim rental use, the landowner agrees to any conditions that the governing body deems appropriate for permission of the use and agrees that the use will terminate at the designated date for termination of the interim use. 4. Public hearings shall be held as set forth in Ordinance 52.07 Subd. 4. Section 52.32 Subd 6 amended 10 /10 (following Subd subsequently numbered) Subd. 7: Setback Requirements. a) Lot Size. Minimum lot size is 10,000 square feet with a minimum width of 100 feet, except lots platted prior to 1950. b) Property adjacent to County State Aid Highway 75. Shall have a ten (10) foot landscaped setback from the highway right -of -way line. Any structure shall have a twenty (20) foot setback from the highway right -of -way. c) Front yard. Setback shall be twenty (20) feet from the lot line. d) Side yard. Setback shall be ten (10) feet from the lot line. If the property's side yard is adjacent to County State Aid Highway 75, the setback shall conform to Subd. 5 (a) of this Section. e) Rear yard. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a residential district. f) No part of the structure including footings, soffits, gutters or other overhangs shall encroach on easement areas. 52.32 -6 ORDINANCE 52 — ZONING ORDINANCE Subd. 7: Height Requirements. a) Any portion of a structure shall not exceed 3 stories or 40 feet in height. Berming the building does not allow a building to be constructed higher than 40 feet. Elevation for the building shall be determined by the average grade of the land. Subd. 8: Site Coverage. No structure or combination of structures shall occupy more than 60 percent of the lot area. Subd. 9: Other Requirements. a) Parking Lots. All parking lots shall conform to the standards set forth in Section 52.10. All lots shall include parking controls and other landscaping techniques to improve their aesthetic quality and to direct the flow of traffic. b) Loading Docks. All loading docks shall conform to the standards set forth in Section 52.10. No loading docks or overhead doors shall directly face County State Aid Highway 75. C) Building Exteriors. All construction of new facilities, excluding additions to existing facility constructed before this provision was adopted and the addition is less than 50% of the square feet of the original building. consist of pre -cast or cast tip up concrete walls, concrete block (painted or decorative), post frame /steel frame with a concrete block or poured concrete complete perimeter foundation with frost footings extending a minimum of eight inches (8 ") above the final grade, and stick built construction. Pre - finished architectural metal panels, with a minimum twenty (20) year manufacturer color -fast warranty, may be used as a construction material. The exterior building finish of (thirty (3830 %) percent of all four sides of the structure, exclusive of windows and doors, shall consist of materials comparable to: face brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum lapsiding; cut block; and, concrete block (the surface must be treated with an applied decorative texture or material). Pre -cast or cast in place concrete buildings shall provide as much adornment as is possible considering their exterior finish limitations. Accessory Buildings located in the rear yard or behind the principal structure and not visible from the public right -of -way must have an exterior hannonious with the principal structure, all other accessory buildings must meet the 30% adornment requirement stated above. d) Screening. All heating, ventilation and air conditioning equipment, and refuse storage areas shall be screened and in a suitable location as determined by the Planning Commission. e) Lighting. All lighting shall be hooded and no light may directly strike County 52.32 -7 ORDINANCE 52 — ZONING ORDINANCE State Aid Highway 75 or areas outside of the development. f) Stops and Curbs. Concrete curb to B -612 specifications shall be used for all automobile stops and for all drive and parking areas. g) Landscaping. In addition to requirements relating to parking lots, the Development Plan shall show a unified landscaping scheme for the development. h) Signs. All proposed business signs shall be an element of the Development Plan. All signs shall conform to the Subd. 10 of this Section. i) A Lock Box shall be installed on all buildings before a certificate of occupancy will be issued. Subd. 10: Development Plan Requirements. All Development plans must be submitted to the Zoning Administrator for review and circulation to the City Engineer and Public Works Director, and if it is determined that the use and development is compatible with adjacent land uses, and consistent with the stated intent of the zoning district, Planning Commission approval is not required. If the proposed use is not consistent with the intent of this ordinance or compatible with adjacent land uses, the proposed development plan will be submitted to the Planning Commission for approval. In determining conformity to the Ordinance, the following information must be presented to the Zoning Administrator. 52.3 1, Subd-9 amended 4/2005 ( *section subsequently renumbered) Section 52.32 Subd 10 amended 10 /10 a) Building location on the lot, drawn to scale. b) Building elevations; front, rear and side C) Building exterior materials and color. d) Locations of ingress and egress points. e) Dumpster and solid waste pick -up areas and proposed screening material. f) Sign location and dimensions. g) Lighting standard and hood detail. h) Parking and loading areas identified. i) Drainage by the use of arrows and/or contours. j) Screening of heating, ventilation and air - conditioning equipment. k) Landscaping material including the location, type of plant and size. 1) Fire hydrant and fire lane locations. 52.32 -8 ORDINANCE 52 — ZONING ORDINANCE m) Utility locations. n) Any other fencing, screening, or building accessories to be located in the development area. 52.32 -9 ORDINANCE 52 — ZONING ORDINANCE o) When required, evidence of completion of National Pollutant Discharge Elimination System (NPDES) permitting program and/or the City of St. Joseph Storm Water Pollution Prevention Program (SWPPP). p) If applicable, evidence of compliance with federal, state and local pollution and nuisance laws and regulations, including, but not limited to glare, smoke, dust, odors and noise. The burden of proof for compliance with appropriate standards shall lie with the applicant. q) Required Fee /Agreement. Payment Required. Any person filing a petition requesting development plan review shall pay a fee according to the schedule established by the City Council. 2. Amount. Fees payable under this section for development plan review shall be in an amount as established by resolution of the City Council. Preparation and review of all elements of the required development plan, as listed and described above, is to be at the sole expense of the developer and at no expense to the public. The fee is payable at the time of filing a petition and is not refundable. In addition to the above fees and in the event the City incurs professional fees, either legal, engineering or professional planners, or any other cost, including but not limited to, postage and publication expenses, the applicants shall reimburse the City for those fees, and the City officials may require an escrow deposit, cashier's check or letter of credit for these fees prior to the final action on the application for development plan review. Such escrow or letter of credit shall be in the form approved by the City Attorney. 3. Development Agreement. In the event additional review by the City or its assigns is anticipated and/or needed during implementation of Development Plan, or other similar circumstance, the City shall require the property owner(s) and/or developer(s) enter into a development agreement with the City. The development agreement shall stipulate the conditions for approval and the City's authority to inspect the development. The agreement shall further require the owner or developer, as the case may require, furnish a cashier's check, escrow account or irrevocable letter of credit in favor of the City in an amount equal to 110% of all costs associated with City's review of the development, including but not limited to, engineering, legal, fiscal and administrative, as estimated by the City. Such escrow or letter of credit shall be in the form approved by the City Attorney, shall be conditioned upon the approval of the development plan. Subd. 11: 5jML In the B -2 Highway 75 Business district the general provisions apply to all signs. 52.32 -10 ORDINANCE 52 — ZONING ORDINANCE a) Business and Wall signs may be erected, attached or painted on to a structure and Advertising signs shall be prohibited. They are defined as follows: Business Sign. A sign that is related to the business located on the same property to which it is located. 2. Wall Sign. A sign painted or placed against or attached to the exterior wall surface of a building or structure. Advertising Sign. A sign which directs attention to a business, profession, commodity, service or entertainment which is sold or offered on a premise other than that on which the sign is located. b) Business signs may be erected, attached or painted on to a structure, and maintained in conjunction with a commercial use provided: Signs shall have a surface area not exceeding one hundred square feet per sign face with an aggregate total not to exceed two hundred (200) square feet if double faced. 2. Such sign except a directional sign, is erected only on the premise on which the use, to which the sign relates, is conducted. 3. Notwithstanding the above, where two or more separate and individual businesses are conducting business in separate areas of a single building or structure, in which each operation owns or leases separate and individual premises, but share in the use and maintenance of common areas within or around the structure, then and in those circumstances, each individual business operation may be permitted to display an individual business sign as provided in subdivision a) and b) of this Section, except that said sign must be directly attached to that particular premises actually occupied by the business operation to which the sign relates. For the purpose of this subdivision, a combination of two or more business operations within a single structure includes, but is not limited to, shopping centers, shopping malls, and subdivided retail, office or industrial buildings offered for lease or condominium ownership. 4. All freestanding Business Signs shall be landscaped around the base. Except for monument signs, the surface area of the base of any Business Sign shall not exceed 25% of the face area unless structural engineering illustrates the face cannot meet the wind loading requirement of the Building Code. The maximum height of a Business Sign shall be 15 feet. 52.3 1, Subd. 10.b. amended 4/2005 ( *section subsequently renumbered) 52.32 -11 ORDINANCE 52 — ZONING ORDINANCE C) Wall signs may be placed or painted against the exterior wall or surface of a building or structure and are subject to the following regulations: 1 • That the wall sign does not exceed one and one -half ( 1 %2) square feet per lineal lot front foot or fifteen percent (15 %) of the building frontage area or seventy five (75) square feet, which ever is the greatest. 2. Wall signs shall not project above the roof. d) Advertising or pylon signs shall not be permitted. Subd. 12: Regulation of Activities Adjacent to Wetlands. a) The following activity shall be subject to a 50 foot setback from wetlands: The construction or maintenance of a building attached to a foundation, including but not limited to, pole buildings. For purposes of this paragraph, pump houses, moveable storage sheds, recreational docks and storm water or erosion control devices shall not be considered buildings. b) The following activity shall be subject to a 75 foot setback from wetlands: The construction or maintenance of paved driveways or areas designed for the parking of a vehicle or trailer. C) The following activities shall be subject to a 100 foot setback from wetlands: 1. The construction or maintenance of a well used for agricultural irrigation, or any well less than 50 feet in depth. 2. External storage of materials used in conjunction with industrial or commercial processing or manufacturing. 3. The storage of waste or refuse generated by industrial or commercial activities. 4. The construction or maintenance of a septic system. Section 52.32 Subd 12 (Interim Use Permits) removed 52.32 -12 ORDINANCE 52 — ZONING ORDINANCE Section 52.34: LI -LIGHT INDUSTRIAL DISTRICT Subd. 1: Intent. The Light Industrial District provides space for industrial activities involving a minimum degree of refuse byproducts and air or noise pollution, and requiring a relatively low level of on- premise processing. These activities may include secondary commercial functions which are conducted on site. Subd. 2: Permitted Uses. The following use shall be permitted within the LI -Light Industrial District: a) Assembly plants and manufacturing enterprises of a wide variety of products that do not cause noxious odors or noise, including excessive users of water and sewer. Examples of such uses include: fabrication or assembly of small products such as opticals, electronics, pharmaceuticals, medical supplies and small equipment. b) Publishing establishments. C) Clothing or apparel manufacturing or assembly. d) Business incubator facilities. e) Bottling establishments. f) Dry cleaning and drying establishments. g) Manufacturing/assembly of crates, boxes, baskets, furniture, veneer, cabinets and similar word items. h) Building materials sales and storage/ lumberyards. i) Manufacturing of plastic, fiberglass and metal products. j) Mini - storage. k) Major automotive repair. 1) Offices /showroom/retail space as a portion of the principal industrial use provided they do not exceed a combined 25 percent of the total square footage of the principal use. m) Appliance assembly and warehousing. 52.34 -1 ORDINANCE 52 — ZONING ORDINANCE n) Industrial research laboratories. o) Manufacturing of small electrical parts and service. p) Newspaper and printing plants. q) Telecommunication facilities, base stations. r) Telemarketing and mail order establishments. S) Warehousing, of non - explosive material and equipment within the structure. t) Wholesale or distributor storage and distribution of non - hazardous materials. u) Wholesale water conditioning systems. V) Uses determined to be of a similar nature as those contained in this section upon a finding that the uses will not be detrimental to the health, safety and welfare of the City, and that the use is consistent with the stated intent of the zone as contained in Subd. 1. Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an Accessory Use in the Light Industrial District and subject to the all the requirements in this Section: a) Restaurant, lunch counters, confectioneries to serve the employees employed within the District. b) Residential structures and related residential uses necessary for security and safety reasons in relation to the principal use. C) Off - street parking and off - street loading. d) Outdoor storage as regulated in Section 52.12, Subd. 12. e) Office accessory to the principal use. f) Business identification signs as regulated in Subd. 11. g) Temporary buildings for construction purposes for a period not to exceed a period of 12 months. Subd. 4: Uses Under Special Use Permit. The following uses shall require a Special Use Permit based on the procedures set forth in this Ordinance. a) Adult Entertainment as regulated in Section 52.15 of this Ordinance. 52.34 -2 ORDINANCE 52 – ZONING ORDINANCE b) Commercial activities relating to production systems, structural maintenance programs or the construction industry. C) Service structures, public or private, designed and used to serve the uses in the surrounding area, such as electric power substation, telephone buildings, deep wells, elevated tanks and similar structures and uses. d— Biotechnolgy and health science research development manufacturing andor roduction facilities including but not limited to devices products, components, and services whether organic or inorganic in nature Bie dg) Commercial /Industrial Planned Unit Development. e fl When property within a Light Industrial District abuts County State Aid Highway 75: Motels 2. Gasoline service stations 3. Restaurant or supper clubs 4. Drive -in establishments, provided that an internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. 5. Open sales or temporary rental lots €g) Indoor Firing Range provided that: The firing range shall not be located on any lot adjacent to an existing Residential, Educational/Ecclesiastical or Public District unless the facilitv is separated by a public 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. The use, oeeHpaney and eenstfuetioH of the building shall eonthfni !a the Minnesota State Building �W4 4. The building and method of operation shall conform with the applicable Minnesota Pollution Control Agency, Environmental Protection Agency, and OSHA standards for indoor ventilation, emission into the atmosphere, indoor sound levels, lead containment and outside noise standards. 52.34 -3 ORDINANCE 52 — ZONING ORDINANCE 5. The design and construction of the firing range shall completely confine all ammunition rounds within the building and in a controlled manner. The design and construction of the firing range shall be certified by a registered engineer in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet trap (s), ceilings, exterior and interior walls and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine. 6. No ammunition shall be used in the range that exceeds the certified design and construction specifications of the firing range. 7. A written 1 ange users shall he maintained by the range operatoF-aW 6va= Al= ` ' th�Fit all an fall times The ► e and _ ---- --- - - -- -------------- ---- - - - - -- - - - -- er-ified by photo identifieation. The log shall 8-- Firearms shall not be stored on the premises when the range is closed for Business, unless they are stored in a secured vaultn acceptable gun safe. 9. io. A. Shall be able to full), eentain fifear-nis and pfovide for: their secure ii. at minimum, a of-, , eeh ..1 eleetrenie combination leek. 'T, , , of eioctran eembination jeek utilized by die safe shall haveat least combinations t' � a F F three numbers, , t , symbols. The. -10-0-4. be pri-oteeted by a ease hardened (Roekwel� 60=4=) dFill Fesistant steel plate, or- dfill f:esistant matef:jal of equivalent of at least I/_ ineh thiekness that intrude, F t ,, F 1 F 1 oor body of the Safe or ftem the body of the safe into the door of the sat�a; 52.34 -4 ORDINANCE 52 — ZONING ORDINANCE 4-5-.8. On-site supervision shall be supplied at all times by an adult with credentials as a range operator. The range operator shall be responsible for the conduct of their place of business and the conditions of safety and order in the place of business and on the premises. (10) business days of eaneellation of the poliey, a ehange in the limit Af • ------- - - - - -- - -- ------- - - - - -- -------------- - - - - -- -- 47-.10. On site instruction shall be given only by Certified Firearms Instructors. Current certificates for firearms instructors shall be on display in a conspicuous location in the premises and available for public inspection at all times. 4-9-.11. An outside seewit)'Plall f19F the gefleFal grounds shall be submitted t 4 -9:12. The transport of firearms on the premises, to the premises and from the premises shall conform to State Law. 20, 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 he are �vlii A is- supervised by an adult instructor. cow 1941: alloy, minors to shoot at the - - -- - -- ----------------- -------- -- - - - -- ran even if not .,,ending g gun safety classes 14e provided they are under adult supervision shall giey he in a buiiding wbieh eentains a business that sells or dispenses non . Lammented [9s7]: redundant e b- �.�,govra. ,_ - -- same as no. 2 -- -- Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at 0.52" 52.34 -5 ORDINANCE 52 - ZONING ORDINANCE P-.15. If retail sale and repair of weapons and /or ammunition is conducted on the Premises, the management shall comply with all licensing and nd operations requirements of the Federal Bureau of Alcohol, Tobacco and Firearms 2?16. standards fermi. - - - Subd. 5: Lot Area Requirements. a) Minimum Lot Size: One (1) acre (43,560 square feet). Minimum lot width one hundred (100) feet. b) Impervious surfaces shall not exceed 80% of the lot area. Impervious surfaces shall include all structures, parking spaces and driveway connecting the parking space with a street or alley. 52.34, Subd. 5, amended 1/07 Subd. 6: Setback Requirements. No part of the structure including footings, soffits, gutters or other overhangs shall encroach on easement areas. Front Yard Setbacks. a) Front yard setback shall be thirty (30) feet from the lot line. On comer lots, the setback from all lot lines abutting a street shall be thirty (30) feet. When an industrial district lot is separated from a residential zone by a city street, the setback from the lot line shall be one hundred (100) feet. b) Front yards abutting any roadway: the setback shall be landscaped as in accordance to the requirements of any applicable protective covenants and such reasonable requirements as established by the Planning /',.,, mis io C1ty, and shall not be used for parking. Side Yard Setbacks. a) Side yard setback shall be at least twenty-five (25) feet from the lot line. Development occurring on lots platted prior to January 1, 1999 shall be subject to the ten foot side yard setback requirement in effect at the time of platting. b) A Light Industrial District side yard adjacent to a residential boundary line shall provide for a landscaped strip of at least sixty (60) feet in width along the lot boundary line. A portion of this landscaped strip shall be planted to provide a screen. The governing body may require additional side yard setback in these cases. When such additional width is required, such additional width shall not exceed one hundred (100) feet and paring in this area will be permitted. 52.34 -6 attached tat ��..epex�a�, f i AW 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 `t f requirements as established by the Planning GenifniRsi@ City F S Rear Yard Setback. „ } a) Rear yard setback shall be at least twenty (20) feet, which may be used for parking. Subd. 7: Height Requirements. a) No building constructed in any Light Industrial District shall be more than fifty - five (55) feet in height. Berming the building does not allow a building to be constructed higher than 55 feet. Elevation for the building shall be determined by the average grade of the land. Subd. 8: Site Coverage. No structure or combination of structures shall occupy more E` than 50 percent of the lot area. Subd. 9: Other Requirements. a) Parking Lots. All parking lots shall conform to the standards set forth in Section 52.10. All lots shall include parking controls and other landscaping techniques to improve their aesthetic quality and to direct the flow of traffic. b) Loading Docks. All loading docks shall conform to the standards set forth in s ^ Section 52.10. No loading docks or overhead doors shall directly face County State Aid Highway 75. C) Building Exteriors. All construction of new facilities, excluding additions that are less than 30% of the existing structure shall consist of pre -cast or cast tip up concrete walls, concrete block (painted or decorative), and stick built construction.and shall include pot f -am &steel frame its- footin s that meet the requirement of the MN State Building code in relation to frost protection sttssert Bliflifflum of eigh! inehes (9") the final built above ffade, and stiek e0flStFuGti6n. Pre - finished architectural metal panels, with a minimum twenty (20) year -- --- Formatted: Irnknt: Flat 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 doors, shall consist of materials comparable to face brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum lapsiding; cut block; and, concrete block (the surface must be treated with an applied decorative texture or material). Pre -cast or cast in place concrete buildings shall provide the same amount of adornment.. 52.34 -7 d) e) f) ORDINANCE 52 — ZONING ORDINANCE The Planning Commission shall have the right to require any additional information, corrections, or control, deemed necessary for the protection of the public. The Planning Commission shall have the right to hire expert consultants, at the permittees' expense, to assist in the establishment of special restrictions for any Industrial Use. Every applicant shall be required to submit for approval of she °�, lanflin ., a landsca a lan ovidm for the planting- of trees and other vegetation. g) Any use creating periodic earthshaking vibration shall be prohibited if undue vibrations are perceptible beyond boundaries of the property on which the use is located. This standard shall not apply to vibrations created during the process of construction. h) Any use requiring the storage, utilization or manufacture of products which could decompose by detonation shall be located not less than 400 feet from any residence. This section shall not apply to the storage or usage of liquid petroleum, natural gas for normal residential or business use providing other performance standards are met. i) All activities that emit radioactivity shall comply with the minimum requirements of the Federal regulatory body. j) All uses associated with bulk storage of oil, gasoline, liquid fertilizer, chemicals, similar liquids and hazardous substances shall comply with the requirements of the Minnesota State Fire Marshall, the Minnesota Department of Agriculture and other hazardous substance legislation by the Federal government. The user of such material shall have documents from the above offices that the use is in compliance. All existing above ground liquid storage tanks with a capacity of 2,000 gallons or more, shall comply with the requirements of the Minnesota State Fire Marshall's office within 12 months following enactment of this Ordinance. 52.34 -8 k A. i ORDINANCE 52 — ZONING ORDINANCE k) Screening. All heating, ventilation and air conditioning equipment, and refuse storage areas shall be screened and in a suitable location as detefmifted by4he Planning ''- "1­0"_40J4 1) Lighting. All lighting shall be hooded and no light may directly strike any street/highway or areas outside of the development. .Y b to o 612 speeifieations shall be used fieff 1 automobile stops and fef all drive and pafking afeas, *m) Landscaping. In addition to requirements relating to parking lots, the Development Plan shall show a unified landscaping scheme for the development. en) Signs. All proposed business signs shall be an element of the Development Plan. All signs shall conform to the requirements of Subd. 11. po) A Lock Box shall be installed on all buildings before a certificate of occupancy will be issued. Subd. 10: Development Plan Requirements. All development plans must be submitted to the Zoning Administrator for review and circulation to the City Engineer and Public Works Director, and if it is determined that the use and development is consistent with the stated intent of the zoning district, Planning Commission approval is not required. If the proposed use is not consistent with the intent of this ordinance or compatible with adjacent land uses, the proposed development plan will be submitted to the Planning Commission for approval. In determining conformity to the Ordinance, the following information must be presented to the Zoning Administrator. Updated 52.33, Subd. 10 on 42005 (*section subsequently renumbered) Section 52.34 Subd 10 amended 10 /10 a) Building location on the lot, drawn to scale. b) Building elevations; front, rear and side. C) Building exterior materials and color. d) Locations of ingress and egress points. e) Dumpster and solid waste pick -up areas and proposed screening material. f) Sign location and dimensions. g) Lighting standard and hood detail. h) Parking and loading areas identified. i) Drainage by the use of arrows and/or contours. 52.34 -9 ORDINANCE 52 — ZONING ORDINANCE j) Screening of heating, ventilation and air - conditioning equipment. k) Landscaping material including the location, type of plant and size. 1) Fire hydrant and fire lane locations. m) Utility locations. n) Any other fencing, screening, or building accessories to be located in the development area. o) When required, evidence of completion of National Pollutant Discharge Elimination System (NPDES) permitting program and /or the City of St. Joseph Storm Water Pollution Prevention Program (SWPPP). P) If applicable, evidence of compliance with federal, state and local pollution and nuisance laws and regulations, including, but not limited to glare, smoke, dust, odors and noise. The burden of proof for compliance with appropriate standards shall lie with the applicant. q) Required Fee/Agreement. 1. Payment Required. Any person filing a petition requesting development plan review shall pay a fee according to the schedule established by the City Council. 2. Amount. Fees payable under this section for development plan review shall be in an amount as established by resolution of the City Council. Preparation and review of all elements of the required development plan, as listed and described above, is to be at the sole expense of the developer and at no expense to the public. The fee is payable at the time of filing a petition and is not refundable. In addition to the above fees and in the event the City incurs professional fees, either legal, engineering or professional planners, or any other cost, including but not limited to, postage and publication expenses, the applicants shall reimburse the City for those fees, and the City officials may require an escrow deposit, cashier's check or letter of credit for these fees prior to the final action on the application for development plan review. Such escrow or letter of credit shall be in the form approved by the City Attorney. 3. Development Agreement. In the event additional review by the City or its assigns is anticipated and/or needed during implementation of Development Plan, or other similar circumstance, the City shall require the property owner(s) and/or developer(s) enter into a development agreement with the City. The development agreement shall stipulate the conditions for approval and the City's authority to inspect the development. The agreement shall further require the owner or developer, as the case may 52.34 -10 signs. ORDINANCE 52 — ZONING ORDINANCE require, furnish a cashier's check, escrow account or irrevocable letter of credit in favor of the City in an amount equal to 110% of all costs associated with City's review of the development, including but not limited to, engineering, legal, fiscal and administrative, as estimated by the City. Such escrow or letter of credit shall be in the form approved by the City Attorney, shall be conditioned upon the approval of the development plan. Subd. 11: Signs. In the L -I Light Industrial district the general provisions apply to all a) Special and Ternmrary Signs. 1. One (1) identification sign not exceeding thirty -five (35) square feet in area for the following uses: church, school, or similar uses. Such signs shall be solely for the name and of the use and its activities and may be illuminated but not flashing. 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 permitted provided the area on one side of any such signs shall not exceed six (6) square feet. 4. Temporary signs of contractors, architects, mechanics, special events and artisans are permitted, provided that such signs shall be removed promptly upon completion of the work and further provided that such signs shall not exceed thirty-two (32) square feet in area. b) Portable Signs. 1. Definition. A portable sign is one that is movable from one location to another and is not permanently affixed to the ground, sales display device, or structure. 2. Permit Required. A business seeking to use or display a portable sign shall obtain a permit from the City for the period of display. Permits will specify the length of time the sign will be displayed, location of the sign, and business applying to use the sign. 3. Length of Use. The duration of time a portable sign can be located on a property is limited to a maximum of forty (40) days in any one calendar year. 52.34 -11 ORDINANCE 52 — ZONING ORDINANCE 4. Size. A portable sign shall not exceed 50 square feet which accounts for all letters, numbers and attachments; excluding material required to support the sign. C) Business or Commercial Signs 1. Signs shall have a surface area not exceeding one hundred (100) square feet per sign with an aggregate total not to exceed two hundred (200) square feet if double faced. 2. Such sign except a directional sign, is erected only on the premises on which the use, to which the sign relates, is conducted. 3. Notwithstanding the above, where two or more separate and individual commercial operations are conducting business in separate areas of a single building or structure, in which each operation owns or leases separate and individual premises, but share in the use and maintenance of common areas within or around the structure, then and in those circumstances, each individual business operation may be permitted to display an individual business sign as provided in subdivisions a) and b), except that said sign must be directly attached to that particular premises actually occupied by the business operation to which the sign relates. In addition to these individual business signs, the combination of business operations occupying the structure, may maintain a 50 square foot sign detached from the structure identifying the structure, the individual business operations located therein, or other reference to the combination of business operations located within the structure. For purposes of this subdivision, a combination of two or more business operations within a single structure includes, but is not limited to, shopping centers, shopping malls, and subdivided retail, office or industrial buildings offered for lease or condominium ownership. 4. All freestanding Business Signs shall be landscaped around the base. Except for monument signs, the surface area of the base of any Business Sign shall not exceed 25% of the face area unless structural engineering illustrates the face cannot meet the wind loading requirement of the Building Code. 5. The maximum height of a Business Sign shall be 15 feet. 52.33, Subd. 11 c amended by adding 4. and 5. on 4/2005 ('section subsequently renumbered) d) Advertising or pylon signs shall not be permitted. e) Sign Removal. All signs not maintained and kept in good repair shall be subject to removal upon direction of the City Building Inspector. Subd. 12: Regulation of Activities Adjacent to Wetlands. 52.34 -12 ORDINANCE 52 — ZONING ORDINANCE a) The following activity shall be subject to a 50 foot setback from wetlands: The construction or maintenance of a building attached to a foundation, including but not limited to, pole buildings. For purposes of this paragraph, pump houses, moveable storage sheds, recreational docks and storm water or erosion control devices shall not be considered buildings. b) The following activity shall be subject to a 75 foot setback from wetlands: The construction or maintenance of paved driveways or areas designed for the parking of a vehicle or trailer. C) The following activities shall be subject to a 100 foot setback from wetlands: 1. The construction or maintenance of a well used for agricultural irrigation, or any well less than 50 feet in depth. 2. External storage of materials used in conjunction with industrial or commercial processing or manufacturing. 3. The storage of waste or refuse generated by industrial or commercial activities. 4. The construction or maintenance of a septic system. 52.34 -13 THIS PAGE INTENTIONALLY LEFT BLANK CHAPTER V — BUILDING, LAND USE & REGULATIONS ORDINANCE 56 FENCE ORDINANCE ................................................... ...........................56 -1 Section 56.01: APPLICATION ......................................................... ............................... 56 -1 Section56.02: PURPOSE ............................................................. ............................... 56 -1 Section56.03: PERMIT ..................................................................... ............................... 56 -1 Section56.04: FENCE HEIGHT ........................................................... ...........................56 -2 Section 56.05: FENCE MATERIALS ............................................... ............................... 56 -2 Section 56.06: LIVING FENCES ................................................. .............................56 -356 -2 Section 56.07: BORDER FENCE OR WALL .......................................................... 56-356- Section56.08: VARIANCE .......................................................... .............................56 -456 -3 Section 56.09: PRE - EXISTING FENCES ................................... .............................56 -456 -3 Section 56.10: MAINTENANCE OF FENCE .......................................................... 56 -456 -3 Section 56.11: EMERGENCY ACCESS TO FENCED AREAS ..................... .. ... ...56 -456 -3 Section 56.12: RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS............ 56 -4 Section 56.13: PENALTIES / REMEDIES ......................................... ............................... 56 -4 56 -0 CHAPTER V — BUILDING, LAND USE & REGULATIONS ORDINANCE 56 FENCE ORDINANCE Section 56.01: APPLICATION. This ordinance shall apply to the construction and maintenance of all walls or fences, to include living fences as defined herein, within the City. This Or-dinanee shall be applied in eenjunetien with Ofdiaanee 52.12, Subd. 2, and bei—e—mled eensistent therewith The requirements of this Ordinance may also be subject to modification by the terms or conditions of a Conditional Use Permit or Rezoning applicable to an individual parcel of property. Section 56.02: PURPOSE. This Ordinance was enacted for the following purposes: a) To regulate fence or wall construction and location. b) To protect property from a loss of use, enjoyment or value due to the construction of aesthetically objectionable fences or walls on adjacent property. C) To assure that fences and walls are constructed on-- djacent 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. f) To require walls or fences to be constructed of non -toxic materials. Section 56.03: PERMIT. Prior to constructing or reconstructing a fence or wall within the City, the person or entity owning the property on which the wall or fence is to be constructed or reconstructed shall first secure a fence permit from the City � dmir,' * t 4rI k City 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) Legal description of the property on which the fence or wall is to be constructed or reconstructed, b) Sketch showing the location of the fence or wall on the property, c) A description of the materials to be used in the construction of the fence or wall, d) A description or sketch of the design and dimensions of the fence or wall, 56 -1 CHAPTER V — BUILDING, LAND USE & REGULATIONS e) Compliance with the provisions of Section 56.07 (Border fence or wall). The application shall be r-efeFFed to reviewed by the City Building Inspector for review and4he- issuance of a building 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 use; except fences located between the front of the industrial structure and the adjacent 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. Fenees shall be * a out of we a maintenanee ffee materials as listed in seetion 52.07(a) of this Qfdinanee. Walls sha4-be eonstfueted out of stone of briek not less than four- inehes nor- mor-e than twenty fe� inehes i width and shall be set On a firm foundation half again as wide at the base as the wall and resting on footings located below the ffest line. All ehain link fenees shall be made out of a non fust use pefmit in an industrial afea. Use of ereesote lumber- is str-ietly prohibited. 1. Fences constructed in residential zoning districts shall be constructed of wood or chain link materials. All wood fences other than those constructed out of redwood or cedar shall be stained or painted upon completion of construction or reconstruction. Chain link fences shall be made out of a non -rust material 2. Fences constructed in Commercial zoning districts shall be constructed of material complementary to the principal structure Chain link fencing shall be prohibited in the front yards in all Commercial Zoning districts 56 -2 CHAPTER V — BUILDING, LAND USE & REGULATIONS 3. Barbed wire and electrical fences are strictly prohibited except within the agricultural districts. 4. Use of creosote lumber is prohibited. 5. Decorative landscape retaining and/or nd /or privacy walls may be constructed out of stone masonry or brick provided they are: not less than four inches or more than 24 inches in widths. Such walls over four (4) feet in height shall require footing that support the structure as required by the MN State Building Code 6. Concrete decorative, landscape retaining and /or privacy walls shall be prohibited unless they are formed from decorative and /or colored concrete less than 24 inches in height and included as part of an overall landscape theme which has been developed. 7. Other materials which are not specifically allowed by this Section nor specifically prohibited may be permitted subject to City Council review and approval. Section 56.06: 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 the tree or shrub which extends across the property line over his or her property. Section 56.07: BORDER FENCE OR WALL. a) A fence or wall constructed of maintenance -free materials may be constructed adjacent to the property line so long as all parts of the fence, including post anchors, are located within the property of the owner and so long as the bottom of the fence (exclusive of posts or anchors) is at least two inches above the ground. For purposes of this paragraph, the term "maintenance -free materials" shall include stone, brick, stucco, vinyl, plastic, or chain -link which is finished with a rust resistant material. b) Fences and walls shall be constructed at least two feet inside the property line or adjacent to the property line, unless the, fence or wall is constructed of maintenance -free materials in accordance with paragraph (a) of this section. C) For any fence or wall located within six feet of a property line, that side of the fence which presents the most finished appearance, shall be the side which faces the adjacent property. 56 -3 CHAPTER V — BUILDING, LAND USE & REGULATIONS 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 resolution of the City Council. in eonsidi g an appheation for- a-v ce the for- enactment *� 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 OFFENCE. 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 to require the landowner to remove or abate the fence where the fence interferes in any manner with the City's easement use. If there is an emergency necessitating immediate access to the easement, the City reserves the right to remove the fence to obtain access to the easement. The landowner shall bear all costs for removal and restoration of the fence in the event the landowner is required to remove the fence for access to the easement or in the event the City removes the fence in the case of an emergency. The City specifically reserves all rights of an easement holder afforded under the common law of the State of Minnesota. Section 56.13: PENALTIES/REMEDIES. Violation of this ordinance shall constitute a misdemeanor as defined in this Code of Ordinance. When conditions are made a part of the terms under which this permit is granted, violation of the conditions is a violation of this ordinance. The City of St. Joseph may also seek civil remedies, including but not limited to a 56 -4 CHAPTER V — BUILDING, LAND USE & REGULATIONS 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 Sec. 56.7(c), 56.12 & 56.13 amended 1/07 Ordinance Amended 07/05/12 Z&