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Home My WebLink About2002 [10] Oct 07 I I. - I itg of St. Joseph I 25 Co11", A'''"' r P.O. Box 668, St. Joseph, MN 563 4 (320) 363-7201 St. Joseph Planning Commission I Fax: 363-0342 Monday, October 7, 2002 7:00 PM CLERK! . I ADMINISTRATOR Judy Weyrens I MAYOR 1. Call to Order Larry J, Hosch 7:00 ~M - Call to Order COUNCILORS 2. I I Bob Loso i Cory Ehlert 3. Approve Agenda Kyle Schneider 4. Approve Minutes - August 26, 2002 and September 2002 I Alan Rassier 5. 7:051PM - Public Hearing, Kim Jensen, 620 Hackberry Drive I ! I I 6. 7:2QPM - Lot Split Request, Schroeder Sports, 19thAvenue NE I ! I· 7. 7:30ipM - Site Plan Approval, Spring Green Building Expansion 8. 7:45PM - Zoning Ordinance Review I 9. Other Matters i 10. Adjóurn I I I DDDDDqDDDDDDDDDDDDDDDDDDDDDDDDDOOOOOOODOO I St. Joseph Planning Commission Tuesday, October 15, 2002 6:30 PM I I I The purposd of the meeting will be continue reviewing draft chapters of the St. Joseph I Comprehensive Plan. I I. I File I I :~~;,~JNW itjþofSt.Joseph St. Joseph, MN S· 374 (320) 363-7201 City of St. Joseph I Fax: 363-0342 Public Hearing CLERK! I ADMINISTRATOR Judy Weyrens TheP1anmng Commission for the City ofSt. Joseph will conduct a public hearing on I Monday, Octoher7, 2002 at 7 :05 PM in the St. Joseph City Hall. , The purpose of the I I MAYOR hearing is to consider a Special Use Permit to allow an owner occupied rental unit in an Larry 1. Hosch 1, Single ~amily Zoning District. The propertyis legally described as Lot 016 Block 002 Northland ¡Plat Five. and located at 620 HackberryDrive. COUNCILORS St. JOSePhlCode of Ordinances 52.17,·subd 3 (1) allows a special use permit as follows: I Bob Loso Cory Ehlert Residential rental ifowner occupied. For purposes of estahlishing if the property is owner Kyle Schneider occupied, the 0\V11er mustbeanatura1 person. and the 0\V11er occupying the property as hi~ I Alan Rassier or her prinbipa1 residence must own fifty percent (50%) or greater interest in the property. ¡ The reque~tforspecial use has been submitted by KimJensen, 620 Hackberry Drive, 81. I Joseph MN 56374. .. Judy Wey¡;ens Administr~tor/Clerk I Note: St~te Law requires mailed notice to all property owners within 350· feet of a variance, special use or rezoning application. I I I I I I. I I I .. .. City of St. Joseph If '$peciaIRequest,Application I Request i hereby made for: I ' . ' , . 0 Rezo .ing ($250) 1 Special Use ~5~ d~qJ . .. 0 Variance ($150) .. .. ..... I ./ ACertlf cate of Survey must accornpanythls application showlngpropertyhnes, proposed !ocatlons I size of bUlldnig, and exi tingbuHdings incl~dingat>uttjngpropertyowners buildings if nearby. See attached example. ' ,.. . '. I' . r, . I, 1 I " "I, .,',..'.',', " . ....--' Lot . Block ~ 'Plat Name jlJc;.rtAlai1c1' ~ · I .,A,·. ttac,hM~et,s,and,8, oun, d,."s,',De,s,C",nll,i.p~,ti,n:,'·,'.y,e"s. O",',·"",N,' O,','~,' ',..'.,. '..',',',..:"",," ' " " Street Ad, re$s:' '. ltQe) ,Ú.Gk:1~K5 ¡Y'l\J~, , . .' " , I' , I· P, ,'RESEN, T ZO,NING,': '" . !, " . . " '. , . I' , R1 Q 20' R3 0 R-.M~ 0 ." '. '. . I 81 0 20 Industrial I 0 I ,I , ,'" ' " lease des ribe the undue hards~iþ that exists thëltis unique to the site which necessitates the requestfor avariànC.e: I " ,./'" I,' y" . / I I Ie I request: -\&..J I, ' I (>\'1 I ' I I I II " , ., .. " ,',', 'I.,. ,.' ,,' " ,', ." "'""',,. " I,.,,·, ',' " . ,,'. ',','. , ..,',',',,',,',.' "'", ,',,' ',.,' " .,,' ',' ," , " ','," '., .'",',.. ,',' :', . -' , ~ , " , ' , ' . ,',' , , " \. -'" . ' - - ,'. " 1.'1, '.,' \6\11 '~-\etl~h¡ .,"",., "', '. "., ' agree to pay the requiredfeeforthisapplication andunderstandthat should this I equest be refused, the fee will not be.returned. I, also understand that should this request be granted, application ora building permit willbè made in accordance with the Ordinance affecting the same. I . Date q¡(;¡~ I Owner's Name: I (Print) I . ' , ,CITY!QFST. JOSEPH. ,I 25 College Avenue North, PO Box 668, St. Joseph, MN56374 320-363-7201 Special Request Application .1 . Applicant: ' ÓMJtYl1s{(} Owner: (~nM' ~~j^M/V) I Add'èSS: . 1~3b~~[0~~~ 1 " "?::1" ',',~ ~ . ':AJ 'I ~~.k ·,.tJ . . 1~ Telephone(W):@ ~-3Lo19 Telephone (H): t9~ \-Url L I . , f/;. 4..., $;373 '-f - (ft b . PETITIONER MUSTPRQVIDE THE FOL¡"OWING · A listand mailing ,labels of all property ovmers within 350 feet ofthe boundaries of the property, /)1 ~v-'¡'I ri ~? I (This information must be obtained from ,the Steams county A uditors Office) {¡l $0 ~ 3500 · Thirty full size folded copie$ of detail site plans. S+"<",v¿,,, ,,' .. Payment of all associated fees must be 'made infuU.when applicatíon is made. I . . . . . · ,Copy of fulllegaldescriptioh.' · Narrative of project scope. This, applicatIon must be completed In full and be typewritten or clearly printed and must be .accompanied I ,., by ,all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Departmentto cletermine the specific ordinance and procedural requirements applicable tQ your application, I A determination of completeness of theapplicatíon shall be made within ten business days of the .-. application submittal. A written notice of application deficiencies shall be mailed to the applicantwithin ten business days of application. 'rhissectionto be còmpleteaby City Staff I AREA I I I . STAFF NOTES: 'I I Approved 0 Denied 0 by the Planning Commission on .. ApprovedD DeniedD by the City Council on I Zoning Administrator I I I I I ! I I I. I I ¡ ST. JOSEPH PLANNING COMMISSION I I RESOLUTION i ! i i I RESOLUTION RECOMMENDING APPROVAL OF THE RE-SUBDIVISION OF i LOT 2, BLOCK 1, T. J. ÅDDmON PLAT 31054 I, I WHEREAS, Gary S'chroeder of Schroeder Sports has submitted a requestto re-subdivide I' ,', " ' Lot 2, Block 1, T. J. Addition Plat 31054, and ' I WHEREAS, the re-~ubdivision would result in two lots measuring approximately .68 a~res and 1.38acjes in size; and . I WHEREAS, Section 54.3, Subdivision 2 of the Subdivision Ordinance provides for exceptions from tHe formal platting process for the re-subdivision of lots provided full i compliance with the platting procedure is not needed to meet the purposes of the I ordinance; and I I WHEREAS, the Ci~has not received a survey but anticipates receiving one prior to I completion.! . " I .. NOW, THEREFORE,BE IT RESOLVED BY THE ST. JOSEPH PLANNING COMMISSION THAT: The Planni~g Commission does hereby recommend the City Council of the City of St. Joseph find the] re-subdivisionof Lot 2, Block 1 in compliance with the Subdivision Ordinance and exe:mpt the applicant from the formal platting procedures, contingent I upon the followinglcondition: I I 1. That approyed monuments/markers be installed at the new lot corners resulting I fromthe relsubdiviSion of Lot 2, Blockl by a registered land surveyor. DATED THIS 7TH DAY OF OCTOBER, 2002 I I AlTEST: i ¡ I i I I I I I I i I Planning Chair I Administrator I Clerk I I I ! i I . \ i I j i i I I i I I. ~EMO~NDUM I D te,: October 4, 20021 . T :' St. JosephP1anding Commission . I Judy Weyrens Lot Split RequeJt I I I I G ry Schroeder of Schr~eder Sports is requesting the Planning Commission consider a split of the I I pr perty he recently purchased on 19thAvenue(FormerlyJoseph Street). Gary has the opportunity to sell ap roximate1y one half dcre to the property owner to the west (Michael Deutz) so that additional mini I st rage units can be con~tructed. ' I T e attached site plan illlstrates how the property will be utilized after the lot split. The Planning Commission is not apprJving the site, plan for the mini storage unit at this time. In reviewing the I prbposed lot splitthe foIlowing factors have been reviewed: j I I Industrial Industrial .. Deutz Investment -.- 1.38 Acres M nimum Lot Size None stated Schroeder Sports - .68 Acres I Pr nt Yard Setback 30 feet from lot line Deutz Investment - all structures will maintain a setback of 40". I Schroeder Sports - the existing building is setback 40 feet I Si e Yard Setback 10 feet from the lot line Deutz Investment - all' structures will maintain a minimum setback of I 25 feet. Schroeder Sports -.- the existing I structures maintain a minimum setback of 23 feet. I Rear Yard At least 20 feet. Deutz Investment - all structures will maintain a setback of 21 feet. Ie Schroeder Sports - the existing building is setback 18.6 feet I I I Recommendation: Inreviewing the submitted lot split request, both parcels will be in compliance with th10rdinances after the Iptsplit and the use of both properties are consistent with the permitted uses in an I In ustrial Area. i I , I I I ~ VNICllm;¡ ;;¡V~O.L~ ~ ð , I Z I X.OV VNI.L61)Q 1" I I .IZ. I ¡.. (\ I LU LU I ö ~ S> , 't r: 't (\ ~ VNIa1lng ;;¡~'V:!IO.L6 ~ ~ (\ (\ I- , I Z I X.OV VNI.L61)Q 1" (\ I I- 9 ,12' in (\ ~ VNIa1lng ;;¡V'V:!IO.L6 ~ ~ , I Z I x.ov ~NI.L61)Q .12'1 00 (\ I .v/€ g-,Z9 I ~.. -" -.. -.. -.. -.. -.. -.. -.. -.. -.. -". I I!\ .ov I I I I I- ~ ~ \U I \U I ~ I ¡...- l- ll) ~ i ¡...- ,IZ' 0 I 9 , in ë> :r: (\ - It. - - I I IL UJ 0 I lI) I 0 ã ð ð <II <II I J I ~ ~ ¡.. I ~.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. (\ .._..~ I I .v/€ g-,Z9 I I Ø) I I ~ .ov I .ov .~,gl 0... ~~ ~O ZZ ... ZI- ~ -5 Q) ~ I ~Il !õ:! 1" -+ -~ ~ifi ~ID o : ~ ~. 0 ~ ! .ov I 't I- ~.VZ ~ \ß - (\ - I ð b - ~- ð () ..J ~~ .ov ZZ -5 ~ '<:1 !õ:! ~ ð ~ifi I <II ,~II I I ÌÍI (\ .!-.. -., -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. .. - .. --l .v/€ g-,Z9 I H.LI:IDN ~ . - - - - - - - - - - - - - - - - - - ity of St. Joseph - 25 College Avenue NW ' October 1 , 2002 P.O. Box 668, DATE: St. Joseph, MN 56374 MEMO TO' Planning Commission (320) 363,7201 . Fax: 363-0342 FROM: Joanne Foust & Cynthia Smith-Strack, Municipal Development Group CLERK! RE: Spring Green Expansion- Site Plan, Building Plan, and Landscaping Plan. ADMINISTRATOR Judy Weyrens Background MAYOR Spring Green Lawn Care proposes the construction of a 1,200 square foot office addition (20' 60') Larry J. Hosch on the east side of their current facility, as well as a 1, 125 square foot (22,5' x 50') warehouse addition on the north of their building. (See enclosed plans) The building is located west of COUNCILORS County Road 133 and north of Elm Street on Lot 1, Block 5 in the St. Joseph Industrial Park Bob Loso (Buettner Business Park). Cory Ehlert Kyle Schneider Review Alan Rassier Following is information for the Planning Commission and Council's review for the proposed project as it relates to the Zoning Ordinance for the L-I, Light Industrial District. 1. Permitted Use: Industrial research laboratories, warehousing and wholesale or distributor storage and distribution of non-hazardous materials are permitted uses within the LI - Light Industrial District. (Section 52.23 Subd. 2). - 2. Setbacks: Proposed building setbacks exceed the required 30 feet per side abutting a - corner and 20 foot rear yard (proposed 50 foot rear yard setback). 3. Height: The proposed.building height of 24 feet conforms with zoning requirements which limits the height to 55 feet (Section 52.24, Subd. 7). 4. Exterior Finish: Section 52.23, Subd, 8, c requires all buildings to have exterior finish design and materials approved by the Planning Commission prior to issuance of a building permit. The enclosed plans indicate that the walls facing the streets (Elm and Co. Road 133) are 1,120 square feet. 21.4% of this area or 240 square feet will contain brick. An additional 8% or 96 square feet will be glass windows. The balance of the building's façade will match the existing building's lap siding. A shingled roof is proposed on the office addition, to match the existing office. A metal roof is proposed for . the warehouse addition, again to match the existing warehouse space. 5. Fencing: Section 56.4 of the Zoning Ordinance allows for the installation of non-rust material chain link fences up to 8' in height. No fences are proposed. 6. Parking: Section 52.14 Subd. 5,b. of the Zoning Ordinance, requires, "Such parking lots shall be constructed and maintained in a useable condition, with a hard surface consisting of concrete, bituminous, pavement or paver stone designed to drain and dispose of surface water. Recycled bituminous or concrete shall be prohibited except as permitted in an industrial area by special use permit or variance." Subd. 5, d and estate, "Necessary curbs or other protections against damages to adjoining properties, streets and sidewalks shall be provided and maintained." and, "Plans for construction of any such parking lot must be approved by the Planning Commission before construction is - started. No such land shall be used for parking until approved by the Planning - Commission", respectively. 1 . The site plan identifies a new parking lot to be constructed on the east side of the building, with an additional curb cut and entrance onto Elm Street. Parking spaces will be 10' x 15' and drives will be 27' wide. Section 52.14 of the Ordinance also identifies a requirement of a minimum of eight parking spaces plus one for every two employees on the maximum shift. Spring Green has 8 employees. This would result in a requirement of 12 spaces. 15 spaces are depicted. The parking lot on the west side of the building (9 spaces) is existing and contains a concrete entrance and 3 concrete spaces. The balance of the lot is crushed rock. The proposed parking area on the east side of the property would contain 6 parking spaces. It is proposed that the entrance into the lot be concrete, along with the 6 new spaces. The driving lane would be crushed rock. Approval should be contingent upon meeting the parking being surfaced with an acceptable hard surface material (concrete, bituminous, pavement or paver stone designed to drain and dispose of surface water. 7. Loading Berths: One loading berth is required for buildings 5,000 to 16,000 square feet in size. The left elevation drawing illustrates one additional exterior loading door on the west side of the property. This is in addition to the existing three. 8, Topo/Drainage: The original building permit for a 4,500 square foot building was issued in January of 2001. A storm water pond exists to the north of the site. A topo/drainage plan has not been prepared for this 2,325 square foot addition. The City Engineer has indicated a topo drawing illustrating the drainage plan for the new parking lot should be required. . 9. Landscaping: The Plot Plan submitted illustrates plantings along the east side of the building. There are a number of existing trees along the County Road 133 property line, Additional trees to meet the 35-foot spacing requirement are illustrated. 10. Trash Enclosures: Spring Green has indicated they would like to include a storage bin for mulch and other landscape materials. They will bring information to the Planning Commission to further explain these plans. The Zoning Ordinance requires, "All Heating, venting AIC equipment and refuse storage areas shall be screened and in a suitable location as determined by the Plan Commission". Approval should be contingent upon appropriate screening of the storage bin. 11. Outdoor Storage: The applicant has noted that the only outdoor storage proposed is grass clippings which they currently have on site, but which are removed annually. The original building permit noted that outdoor storage of plant materials or debris would not be permitted. The City Public Works Department has indicated that due to the proximity to the storm water pond, grass clippings or other debris that may contain pesticides could leach into the ground or be washed into the pond and contaminate the water table. Unless the grass clippings are in a contained, sealed area, it is recommend they not be permitted to be stored on site. Other Review Requirements: Section 3.01 of the Declaration of Covenants, Conditions and Restrictions for the St. Joseph Industrial Park (a.k.a. Buettner Business Park) requires EDA prior review and approval of all plans and specifications. Items to be reviewed relating to the covenants include: · Horizontal floor plan including exterior elevations in relation to finished proposed . grades. · Full description of exterior building materials. · Landscaping plan. · Other reasonable details that may be requested. 2 . The EDA is reviewing the site and building plans at their October 16th meeting at 4 p.m. and preparing a recommendation for the City Council's consideration at the October 1 in meeting. Planning Commission Action: The Planning Commission is asked to prepare a recommendation for the approval of the site and building plan at their October 7,2002 meeting. It is recommended that the approval be conditioned upon: 1. Improvement of the parking lot with an acceptable hard surface (concrete, bituminous, pavement or paver stone designed to drain and dispose of surface water). 2. Appropriate screening of the proposed storage bin. 3. Submittal of a drainage plan for the new parking lot and approval by the City Engineer. 4. Unless the grass clippings are in a contained, sealed area, it is recommend they not be permitted to be stored on site. Recommendations from the Planning Commission and EDA will be forwarded to the City Council for consideration at their October 17, 2002 meeting. . . 3 -. -. ~ . ~. ~ . _ -/+, 9£1'0 ::1 -/+,10'16 .;...., I .' -- . - . - . - . -- , - . --. . - . -;: . - . -~. ~.:: ' - . - . -- . -- ',=::::- . - . - . - . --..... -l . ' u~:^i~· -8. --. -. -8 -. -' -- 8--. -. --- .(~)_. ---. -. .cj), -.-. .~. ,.GJ -,. -,-. --G~ _,I ''<:) I ',. '2 .~ 1 ~ .~ I ,:, ""- \¡¡ l\.i I ;)cv? ..:I c.. I ':! ~ .~ I 1\ N \1 I I ¢+ ~"J I I '~ ~) ;2 4 I I ~ ~ I I I I (4- -;- '+\.4- I ~~. 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( i ~ ~ .... ... <I:. <::) (;) ....., 0 COt ¡ --. _. ~ Q T __ - , , . - __ __ . ___ ---. - )I( !I .---~-'---_-------r------"-~----~---_.1_~------,------,-~ f2 ~ ~ ¡ ~ I ~ 1 .m.,.,_. -"'-""--.... ,-~. ''..___...''.. _" J.,.,,__.. ----.,'--__.,...,_'...._n"_ __..n.'" \~ ........n....','.".._____.., ~ « , ! "' I '''__''''''''M'''''''''_''_''. ,.. ..........~..........._.'-,.._-.. ..'-- .... -'-.................,....-..,. ''''. ,...........,.....-..."-,.....~-...,..--.,..-...-'-. "".""'''''' ......., __.'.... 17 . \ . . .' t~ ~~ DUFFY ENGlNEERI~ AND ASSOCIATES. STRUCTlRAL - CIVIL - 81 1424 2nd Street N Sauk Rapids. MN Phone: . f320} 25~ Fax: (320) 2S~ Em oil: Duffy_Engineerin! GENERAL NOTES AND SPECIFICATIONS I hereby certify that tI specification or rep( prepare,d by me or u direct 'supervlsion an A. DESIGN DATA am a duly registered E under the law$ of the 1. BUILDING CODE MINNESOTA Latest Edition oi Minnesota State Building Code (UBC) Meet Requlremenis of all prevailing codes. 2. DESIGN LOADS Signature A. Rooi live Load 30 PSF (Plus Snow Buildup in. Accordance w/UBCJ 02-15-01 - lJ Roof Dead Loa.d 10 PSF (Wood Framing a.nd Roofing) Date Reg. Wind Load ' 20 PSf 180 MPH) , . 3. FÖUNDA TIONS A. Minimum frost Cover From Exterior Grade to BaHam of footing is 4 'feet o Inches. . B. Design Net Soil Bearing Capacity is 2500 PSF (Assumed) C. . SoiL bearing ca.pacit~ shall be verified in the field by soils engineer familiar with site. soi conditions. and shall provide owner with soils rep~rt. Soils engineer shall be approved by the owner. . REINFORCED CONCRETE A. Material Strengths: . 1. Concrete' - Fa ai 28 Da 68 . a. Footings - Fe = 300 PSI 5" MaxImum Slump. r Maximum Aggregate c 0 b. Slabs on Grade - Fc = 3000 PSI 3-Va Inch Slump. %" Ma.ximum ~ 0 A~gre9ate . . < . . c. Ex erior Pavement, Etc. - Fc = 4000 PSI 3-% Inch Slump Air Entrained 3 Percent to S Percent by Volume. 8/..... Maximum Aggregate. . 2. Reinforcing Steal . ùj I¡) a. ASTM A615 Grade 60, Grade 40 tor Stirrups and Ties z ..... 0 c b. ASTM AI8S far Welded Mesh ü1 c :> ó POLE FRAME BLDG. w œ: z A. Treated wood poles to be 42 SPF (5" and up) }, F b :: 1300 PSI 2. Fe :: 385 PSI B. Wind Girts, and all Headers to be *2 SPF (!Þ 15% 1. F b :: 1300 PSI 2. Fe = 400 PSI Z·· O~ C. Roof Purlins #2 SPF 1. F b :: 1300 PSI Minimum (!Þ 15% r- --1 « D- O Z Ü =:) Zu 02L LL<eC cr::- . . ~-[L-'~ 0LL C August26,2002 Page 1 of 6 · Draft Pursu nt to due call and notibe thereof, the Planning Commission for the City of St. Joseph met in regular sessi n on Monday, August26, 2002 at 7:00 p.m. in the St. Joseph City Hall. I Mem ers Present: Chair Gary Utsch. Commissioners Marge Lesnick, Jim Graeve, and Mike Deutz. Coun iI Liaison AI Rassier, Administrator / Clerk Judy Weyrens. Others Present: Mark Stous,and, Jim Kresbach, Jerry Hettwer, Janelle Schneekloth,Bruce Schneekloth, Steve Hagman, Kevin Dierkpising, Joel Heinen,DeanWick, Duane SChult~,Jeff Theinnes A r ,ve A enda: Lesnick made a motion to approve the agenda as presented; the motion was seco ded by Graeve andrassed unanimously. A r ve Minutes: Rassier made a motion to approve the minutes of August 5, 2002 as corrected; seco ded by Deutz and p~ssed unanimously. Ras ier made a motion to; approve the minutes of August 6, 2002 as presented; seconded by Grae~e and passed unanimously. U.S, i rm Reserve - S ecial Use Re uest: Chair Utsch called the public hearing to order and stated the purp se of the hearing is to consider a request for special use permit to allow a vehicle maintenance facili y in a B-2 Highway cqmmercial District, a variance from parking lot construction standards, and VarirCe. relating to scree~ing,landscaping, and concrete curbs, Mar Stousland, RSP Architects representing the US Army presented the Planning Commission with the plan~ to construct a maintenance facility. The facility will be constructed on an eight (8) acre parcel of landladjaCent to 88th Avenue SE. The US Army will be completing two construction projects on that · parcel. The first phase of construction is a 12,500 square foot maintenance facility which will be con tructed on southern fO,ur acres, The second phase will consist of a training/office center. At this time it is ncertain as to when the second phase will begin as funding will need to be secured before con truction can begin. I I The maintenance facility cpnsists of the following: -7 12,500 sqµare feet with an office area of approximately 1 ,200 square feet. -7 The offices will face 88th Avenue -7 142 parkir;tg spaces -7 The vehicle gates will open to the north and south -7 Dumpsters are partially screened -7 Condensirg units are small and are located on the north end, Due to the anti-terrorism policy they are r¡ot screened. -7 The parking area contains ten (10) security lights -7 The building material will be a combination of rock face concrete and synthetic stucco with a sta'nding beam metal roof. Ji~KreSbach, owner of apjacent property, questioned what type of screening will be provided and if the repair of vehicles will inch,.¡de hazardous waste. Stousland reported that due to the anti terrorism policy of the Army, the fencing would not be screened. The proposed development includes chain link fencing. As far as hazardous waste, their will be two containers on site for OSHA approved oils and lubricants, Kr bsbach encourage thé Planning Commission to require screening of thefence. I " I W yrens presented the 91anning Commission with a letter from Lou Krebsbach of K & L Properties re uesting the property oymer be required to meet or exceed the exterior, landscaping and screening re uirements of the St J6seph Code of Ordinances. The letter further states the purpose of the request · is ~o provide an entrance to future housing and commercial developments that is shielded from unEttractive objects. ' Their being no further co~ments from those present, the public hearing was closed at 7:25 PM. . . . August 26, 2002 Page 2 of 6 · Draft Graev questioned where the maintenance facility is currently located, Stousland responded that the curren maintenance facility i~ located in Minneapolis near the airport. The land of the current site has been old to theMetropolita~ Airport Commission (MAC) for an extended runway, The proposed site in St. Jo eph was developed as a parking lot in 1995 and at this time the Army is moving the maintenance facilit ~o the St. Joseph site.f Thefacility will house 15 employees and vehicles will be transported to S1. Josep to be repaired. Stousland also clarified that the existing Army facility located on County Road 133 will bd, combined with the new facility. Graeve questioned if the Army would consider locating in the Indus~rial Park as the use seems more compatible with Industrial than Highway Business, Deutzclarified that t e City does not own any property in the Industrial Park and he is uncertain if land would be available. i Rass!r stated it is his OPini1n that the landscaping and parking lot must be. completed with the project, In revie rg the plan, Rassler stated that if fue building were moved east on the property, landscaping could be pr· vided and the anti terrorism policy will still be tact. The landscaping would provide screening and the s reening would not be within 10 feet of the fence. As far as the parking lot, Rassier stated that the front ortion of the parking lot up to the front concrete apron should be paved: The remaining parking area could be paved when phase two construction begins. UtscJ and Deutz concurrediwifu Ressier and stated that landscaping the area with a treeline or berming coul meet the screening r~quirements. Utsch stated he would be supportive of only partial lot paving with ~he understanding thatibefore a second building permit is issued for the property, the remaining parking lot area would be paved. Graeve stated he would encourage the City to pursue locating the maitnance facility in the Irdustrial Park, Ras , ier made a motion to require the Army to resubmit their development plan to include · landlscaPing on the west and north side of the property, moving the building east to accommodate the ,nti terrorism policy and a plan for paving a portion of the parking lot. The motion was sec· nded by Deutz and ~assed unanimously. S e, ial Use Permit- Rentkl in a B1 Zonin District Von Me er Publishin : Chair Utsch called the public hea ing to order and stated the purpose of the hearing is to consider a request for special use permit to allo t a rental unit in a GenÞ.ral Business District. The property is located at 32 1" Avenue NW, legally des ribed as Lot 001 Block 009 Townsite of St. Joseph; Lot 1 less S 105' thereof and Lot 2 less S 105' ther¡ of and less that part of lot 2 lying E'ly of W'ly 33.67'. St. lose h Code of Ordinances 52.21 subd. 3 f provides for the following under Special Uses: Mixed use of a Permitted Use and a multiple residential dwelling units; but only if at least 50% of the interior squ re footage (exclusive !of the basement or cellar) is used full time for a Permitted Use. The area con isting of mUltiPleresi~ential dwelling units must meet the standards of Section 52.19, subd, 5 ahd 6. Par ing requirements sha I be separately determined for the commercial and residential uses in accordance with Section ~2.14 Subd;4. Th request for Special u!?e has been submitted by Von Meyer Publishing PO Box 324, St. Joseph MN 56 74. Ja elle Schneekloth appeared before the Planning Commission on behalf of Von Meyer Publishing, sc~neekloth stated she i~ in the process of purchasing the property described above for her business, Vo. Meyer Publishing. AS her business will only need the main level, Schneekloth stated she is re~estin9 a special use ~ermlt to convert the lower level to a rental unft, Betor. aþþlying for the Special Us Permit, Schneekoth ~equested the rental housing inspector review the property to determine if it wo Id, be feasible. The Rental Inspector has reviewed the property and the lower level will need to have an egress window and minor sheetrocking before a rental license can be issued. · .. . . August 26, 2002 , Page 3 of 6 I · I Draft I I The ~ite plan indicates thaffour off street parking spaces will be provided on the existing driveway and carport. The off street parkihg will be reserved for the rental unit and the employees ofVon Meyer Publi hing will utilize street parking. Jean Dehler of 31 Minnesot~ StreetWest questioned if the property was inspected by the Fire Marshall and uilding Official. WeyrEms stated that the Rental Housing Inspector, Building Official and Fire Chief have all reviewed the prope~tyfor compliance with rental regulations. I I I Ther being no one further to comment, Utsch closed the Public Hearing at 7:55 p,m. Lesn ck expressed· concern! that parking is only being provided for the. rental portion of the property and ques¡ ioned where, the Von Meyer Publishing employees will park in the winter months. Schneekloth SlatI thaI if. parking is. unayailabie on theslreetsthe publiG parking .area by Ihe Ci~ Hall oould be .used. She urther stated that additonal parking spaces could be provided on the north side of the building, abut ing Ash Street. i Utsc stated it is his opinion that more than four parking spaces need to be provided. Deutz requested I clarification on the parking requirement. Weyrens stated that in the Central Business District some of the park¡lngregulations canbe)waived. The Planning Commission is required to determine the amount of parking that is needed if the development is not located in the Central Business District and then dete~mine what amount of ¡parking will be required. Weyrens further clarified that each parking space mu~ meet the design requirements of nine (9) feet wide and twen~ two (22) reel deep, I Bru e Schneekloth questioned why the Planning Commission is reviewing the parking for the business port on o(the projectasth~ pr9pe~ is Gµ~ently used for busin~ss and. the use is. notchanging Weyrens clari ied thatthe rental unit: is a new use for the property and when the use changes the entire project is · I revi wed for Ordinance compliance. I I The PlanningCommissionl concurred that four additional parking spaces must be provided on the pro erty. Schneekloth. ag~eed.to construct a parking lot on the north side of the property,. abutting Ash Str et. The parking I()t will be 18Jeet deep and 44 feet wide. Rassier statedit is his opinion that some off. treet parking needs to! provided for the. employees and creating an additional. parking lot will acc mplish that goal. I i De~tz made a motiontojadopt PC Res()lution 2002-_1 recommending CityC?uncil approval of a SPjCial Use Permit to allow a rental unit in a 61 Zoning District. The motion was seconded by Le nick and passed unanimously. I . Resolution 2002-_ Approval ofa Special Use Permit for VonMeyer PUblishing to Allow a Rental Unitin a 81 Zoning District WI-HEREAS, Von Meyer Publishing h.as submitted a requesffora special use permit to allow a rental unit in t . e lower level of the p~operty located at 32- 1 sf Avenue NW, a General Business zoning district, and I W EREAS, the applican~ has submitted the required site plan and building plans for review; and I i . . Peril; and W EREAS, the public h. aring was duly noticed and published with notices· mailed. to all property owners wi hin 350 feet of the. proposed assessment; and · I W EREAS, th.e Plannindcommission hasreviewed the proposed site and building plans as. it relates to th St. Joseph Code of Ordinances andSt. Joseph Comprehensive Plan. and I I . . . August 26, 2002 Page 4 of 6 .! Draft NOW¡rHEREFORE BE IT RESOLVED BY THE ST. JOSEPH CITY COUNCIL THAT: The City Council for thel City of StJoseph does hereby grant a special use permit to Von Meyer Publishing allowing a rental Unit in a B1- General Business District with the following contingencies: 1. The property owner will provide and maintain eight (8) off street parking spaces with four located on the existing driveway and four abutting Ash Street. The Ash Street parking spaces will ~e 9' x 22' and the location will be approved by the City Engineer and Public Works Director. 2. Completion 10f the rental license application process including inspection and repair. Utsch clarified that he does not have a conflict of interest in this matter as he is only the manager of the comp ex where the Newslea1der is currently located. Kniqht Builders - Special Use Permit: Chair Utsch called the public hearing to order and stated the purpdse of the hearing is to consider a request for special use permit to allow the construction of a facility for of ice space and wareho¡using for Knight Builders, a commercial contractor. The property is legally desc ibed as Lot 1 Block 2 ¡Indian Hills Plat. 1 St J ,se h Code of ordina~ces 52.22 subd. 4 c provides for the following under Special Uses: Indu trial and Office Warehousing, The request for Special Use has been submitted by Knight Builders. Kevi~ Dierkhising spoke on his own behalf. He stated that his business is currently located on College Avenue and he needs additional space. The proposed building will be used for office space and storage of e luipment. The building plan consists of the following: -7 Exterior Material: Stucco, brick and lap siding -7 Landscapihg: The north property line will include a tree line to provide a buffer to the . residential :district -7 Parking Ar6a will be paved and. striped I Die1hiSing also presented the following information on the business of Knight Builders: -7 Business established: 1998 -7 Number of Employees: 21 full timecarpenters,framers, finishers and laborers -7 Business Type: Commercial/multi-unit residential drywall and steel framing contractor Weyrens stated that the slje plan subm itled meets the Intent of the B2 Business District and ail the req~~ired plans have been submitted. The only outstanding issue is whether or not the drainage req¡ll;irement has been sati$fied. I i De tz made a motion to recommend the City Council adopt Resolution ÞC-2002-_, issuing a Sp ciat Use Permit to Knight Builders to construe! an offtcetwar.house facility, The motion was seconded by Graeve and passed unanimously. RESOLUTION PC-2002- ST. JOSEPH PLANNING COMMISSION RECOMMENDING APPROVAL OF A SPECIAL USE PERMIT FOR KNIGHT BUILDERS I TO CONSTRUCT A NEW FACILITY i W EREAS, Knight BUildJrs has submitted a request for a special use permit for a 4,000 square foot office and warehouse facility, and W¡EREAS, the applicant has submitted required site plan and building plans for review; and . W~EF¡EAS, Section 52,~()f the Zoning Ordinance outlines requirements for the issuance of a special use Permit; and i W EREAS, the Planning Commission has reviewed the proposed site and building plans, I I I ! I . . . ! i August 26, 2002 i Page 5 of 6 · Ii Draft I I I I NOW, HEREFORE,BE IT~ESOLVED BYTHE ST. JOSEPH PLANNING COMMISSION THAT: The Plannimg Commission does hereby recommend the City Council of the City of S1. Joseph approve the specia use permitfor Knight ,Builders for the construction of an office and warehouse facility,contingent upon t e following ,conditions,: i ! 1. A light plan is submitted verifying that lighting is not being directed toCSAH 75. 2. A plan forth~ HVAC equipment is provided illustrating screening. 3, The City Enfineerapproves the drainage and elevation plan. Lakevllle Motor Express (LME) Truckinq - Site Plan Approval: Jerry Hettwer approached the Planning com~ission on behalf of L!v1E Trucking. Hettwer stated that LME is a trucking transit terminal that is requeêting to construct an 8?OO square foot building consisting of 24 truck, bays and an office area, Hettwfr requested the Planlling Commission authorize the splitting of the north 6.34 acres of Lot 1 Block 2 Bu~ttner Business Park. 'fIeyrensstated the St.Joseph EDA has reviewed the request in relation to fue c venants of the park ar have recommended fue Planning Commission and Ci~ Council approve the 10 split and site plan. Jeff, heinnes, Terminal Manager for Lakeville Motor Express in SLCloudapproached the Planning Com ission stating they ar+ aCarrierwith hubs invariouslocationsin Minnesota. As a terminal, freight will c' me into the terminal.and be reloaded in trucks for transit to the final destination, Dua~e Schultzof WinkelmC1n Building Corporation approached the Planning Commission regarding.the site Rlan. Schultz stated th$t the surface water will drain to the front and then into the storm sewer syst~m. The drainage has been designed by Duffy Engineering. Weyrensstated thatthe City Engineer · has. ot submitted his comtents and approval should be contingent upon approval of the City Engineer, The uilding plans include the following: -7 Pre-engin~ered building with a metal roof. The exterior requirements ofthe Buettner Park Covenants will be met or exceeded. -7 Landscaping will be provided to include a berm on the west and south side, providing aestheticsito,1sthAvenue NEandCounty Road 133. i Uts h stated that not all the required plans have been submitted and he does not believe decisions sho~ld be based on continß.encies., The light,. drainage and parking ,lot entrance designs have not been completed and he would lir the full plans to be submitted before making a recommendation to the COUlnCil. ! Ra~sier made a motion to recommend the City Council adoptre,"olution PC2002-_ granting ap~roval of the re-subdivision of Lot 1 Block2 Buettner Business Park. i I i Resolution 2002- I, ",- Granting Approval of.the Re-Subdivision of Lot 1 Block 2 Buettner Business Park ! W EREAS, Hettwer Reary has submitted a request to re-subdivide Lot 1, Block 2 Buettner Business Pa k, and I W1EREAS,there-subdi~isionwould result in twolots measuring 6.343 acres and 3.00 acres in size; and WHiEREAS,Section54.3( Subdivision Ordinance provides for exceptions from the formal platting process for the re-subdivision of lots provided full compliance with the platting procedur~ is not needed to meet th purposes of the ordinance; and · EREAS, the Planninicommission has reviewed the proposed subdivision and has found the lot split omply wifu minimum reSign and improvement standards; and I i I ì I I I . . . j i August 26, 2002 Page 6 of6 · j Draft I WHE EAS, a registered land surveyor's certification for the proposed subdivision is required. Ii NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST, JOSEPH THAT: The re-subdivision of Lot 1, Block 2 is in compliance with the Subdivision Ordinance and exem t the applicant fromthþ formal platting procedures, contÎngentùpon the fOllowing conditions: I I 1. That a certif~ate of survey be completed and the approved monuments/markers be installed at t e new lot corners resulting from the re-subdivision of Lot 1, Block 2 by a registered land surveyor,. I The 7otion was seconded¡ by Peutz and passed unanimously. Rass er made a motion to :recomrnend the City Council adopt Resolution PC2002-_, conditionally appr ving the Site Plan for LMETrucking. I I I, Resolution PC2002-_ Conditionally arPrOVing the Site Plan forLME Trucking todeveJop 6.343Acres Lot 1 Block 2, Buettner Business Park WH HEAS,Hettwer RealitÝ has submitted a request for site plan approval for a 8,600 square foot truck ng facility on the northl6.343 acres of Lot 1, Block 2, Buettner Business' Park, and i I WH REAS, the applicant has submitted the required site and building plan for review; and I I WH REAS~ Section 52.14 bf theZoning Ordinance outlines general requirements; and · W H REAS, Sec\io~~2,23 ~f the Zonil1g()rdinance outlines zoning regujations relating to ttJe light indu trial district; and . I WH· REAS, the Planning Commission andSt. JosephEDA have reviewed the proposed site and building P1anr' ' NOW, THEREFORE, BE I~ RESOLVED BY THE ST. JOSEPH PLANNING COMMISSION THAT: The St. Joseph Planning Com~ission does hereby recommend the St. Joseph City Council approve the site plan for LME Trucking to develop the north 6.343 acres of Lot 1, Block 2 Buettner Business Park, coningent upon the followIng: 1, Submittal Of topography drawings with storm water plan review and approval by the City Engineer. I 2. Evidence that the architectural metal has a20-year manufacturer color-fast warranty. 3. Installati()n of B-618 curb at the curb cut locations; and 4. The arran'gement of lighting to deflect away from County Road 133 and. 15th Avenue NE, ! Th motion wassecondeci by Deutz and passed unanimously. I'· ¡ Ad' urn: The meeting w~s adjourned by consensus at9:10p.m. I I , I Ju yWeyrens Ad inistrator / Clerk · . . . . . 1- , - . -- . - , __ . -/+, 9tï,n =1 -/+ .to·16 '~'~", i' . -'--'-'-'-'-'-'-"-'-'-'-'~'-'-'-'--'--'-'-'-'--'-I -- -j- -8~, ~ -8 - - -G:,L -: ---0 - -0 -- ~-G) -- - -8 __I- I I I I I I I I I I I I I I I I I I I I ' I '/ \ · '.1' "J 2 ~ .'1' \. . ttl ' I . I _ ., . ',' i' ,rj\ , 1'": I ' . 'j :z.. In . ~' I ~ I I-> III ~ N ~ . I Æ / I I. I ~ I ~I Q I I I I I I I I ..... ~ I I Q ",;. '~~--~--'-"'"'~"-'"--'-"-----'--'"~-=--'-~-'--<'" J \<\ ~ I ~ . o I ,;.. . V....c ~ I 1\ '. 'b' ~ ~ '" .:,::........ (Y) I .f ~ ~~ j' ð . I ~ · N d I I R: \'1 , . ! .:£ j ~I { (/ .. I . - ¡ t_ - - - - - - - j - - - - - - - - - - -' __ -- .---' --, .' 0 S?. ." " ---! .. I ¡! ~ I --w . ~ ~ \\. I I --.'l! ,I ~ ~~ '¡ , · 'ã ~' t ~ "St:C) ¡ J. J \.U ~ . ~j....... G:: \{), . I ~"â... I .,) "'" _"I · , '-J\ '^ '-» "\ j I \ I ~ ~. .}~ f;:::I_* ~ ~ "Ji. o~ . .. '-s ¡ ! ~ · ....or;; ¡~ ; I CO ~" ;~ ¡ It· ';;: Ú ~~ '* ~ .:~ ~ ~'-'~ ; _to ~ Z t..~ () ¡r )ft...;p, " . ,.... ' r'( I ' ' 10 \. . ,I .ho .n" I ~ ...',- - ~ " \ 'w Z W· " . '\ i \1) ~ ,-\. Cl I --19 '\ . .' \. , is ,~~ ~ i . \ I ~.:t IL 'VZ. a..." · -~ ~, 0 . ~I .. \ I I.) .;, A' . (JJ If) ., 1---, ," l,.., -.< ç. . CI. '.. ' .~ \ . '1 L . " 0 or'" i I .( Z ~ -~1 "'t. Z " . \J \ I ," ~ ~"> ,'. 0 VI o Z .:---" --> ~ ;> ~ ., \ i I~ ~ ~ \. \~ . ':S oõ " \ \1' P-1 f.J '-r~ i. - I I . -'1-1 I (., I -I, FV 0 J_ ~ I ,.~ '. . ~ ' 0. . '.J! I' ',.J, , ,.. .' .'" '\ U -1 -, , ", .' - -: I _ . . I ~ 1......1- · V) œ ~ - [ I· \ ,I"~l-=L ---.-:. --il' ,..., ' I \ W ~ 0 - U \ L J3) . ". I ,. '\ D, f-.... - Lt' , --- 1- -" ) 1111 Ií:ì ' J I \ ~ g f~ tÙ···~·--, '.' ...... ,...~ .,..-, -- ~, \.~ " o ., \ l.Ð If) ~ If) f.J [GJ _. /' t~· 10 tÍJ -JO Z '../ ';:;, ..-f . \ -J lL .J 0 ~ (~ 0 ,Ill ID \ UJU U.....J .l.u-' I':' '\ azw'« at!> h'.~ I lU 'r-. :> U Z .1 I · \ . I-~ >- Z S1 t~. \ '\ ..... t' _ ........ 0 ~ I ~ ......". U \ - " o L . :'1 -"I '\ '\ , . \ '\ ~. Jf0 . i '\ \ W' \ '" . -I '\ '\' , '\ '\ I '\ '\ 1 ,,01;-;(;9 "o-:mf--t~f-f-to;o-,õT~ r\ '\ \ ,,0- ,01 ,,0' ,01 ' '\ '\ I '\ \ '\ I '\. '\ w I . . '\ \ ~, " . "\ I ......." ''\ \ (1 , ~. . '- . q,. ,¿1.. '\ " .j, , , I e ORDINANCE 52: ZONING ORDINANCE. Section 52.1: TITLE AND CONTENTS. Subd. 1: pJ.,ose. This Ordinance establishes regulations for the creation of zones for¡ : e purpose of management of land use and for requiring permits for uses therein. This " rdinance defines certaínrules and defines terms used; outlines administrative procedures, and akes provisíonfor ~iolationofthis Ordinance. ThisOrdinance identifies districts and allowable ses; pmvidesfor acc;essoryandc?nditional uses; lot, yard, area and height requirements. It r places existing Or¥ces or p¡¡rts of Ordinancesinconsis!.eJ1t herewith,. \ This()rdinanc~ shall beknoWIl as "THEZONING ORDINANCE OF THE CITY OF ST. ~ J SEPH,STEARNS COUNTY, S'fATE OF MINNESOTA," and wÍlLbe referred to therein as "this Ordinance." I I \ Subd. 2: Contents. Page hisSectioRwill be revised when closer to finalization oftheentire ordinance.) \ \ ........................................................................... ......................................................................... . , ............................................................................... ................................................................ J I ,. .".. . ........................... B ILlJINGPEtß4ITS bQtJIRED" ,..'"", ":,,, ,.."..".." ,.."..".... ,., ..', ,'.,. ,.1 08 \. ". ......... '. ............. .... . .... .' . ",- ..................................... .......'...'....{........................'................................................. .......................................................................... ...................................................... . ¢1~~~J.~~!~,~:,~:.~5~,~~,:~~*!~:~,2;,;;..::ll5 N01'- CONFORMING USES .................................................................116 \ I \ \ 1 . .I . . \ I . PLANNED UNIT fSIDENTIAL DEVELOPMENT (PURD) ...........118 GENERAL REQUIR.§MENTS.............................. ..,.............. ...... .......... ..122 \ .'.. ',', .. ..... .\. .... ....... ............ ..... ...... ..... ........ ............ ......... ........... .... ...... .... .... .... .......... .... .... .. 1.0.. .......... .... .... .. .. .. .......... .... .. ~.. .......... .. ..... . ................................... \ '". .; ...................................... j"3~..41g.,b,.T".I.P,, L,...,E.,...".·,F",~ ^~,..1,I,.".L., '.Y"..R,œ."..,..',S ID,EÞ-¡C .."E.,.",' 'D.I,S. ..T,R.ª.,C,T",.' .,..,... .... ..,...... . ......... ..1-1 g , .. .. ·1> '.' . ....' , ' I I ..................................... ................................................. ......................................... ..155 ................................................... . ...................... i . .. I I Section 52.2: P1l1RPOSE AND INTENT. I \ This Ordinance isenactedJor the following purposes: \ ! Subd. 1:, "To proÍn?tea.ndprotect the general public health, safety, morals, comfort and ge eral welfare of the inhabitants oftheCity ofSt.Joseph, Minnesota. I Subd. 2: To prof,i,dead"lJ,uâte light, aîr, priVacy and safety of transport,.· ationand access to pro erty.\ .. , Subd.3: To pre~entthe overcrowding ofland and undue concentration of population. , Subd.4: To pron1otethe proper use ofland and structurçs to determine the.proper I spac·ngofbuildirigs. \ \ Subd. 5: To divide the City into zones or districts as to the use, location, construction, reco struction, alteration land use ofland and structures for residents, business and industrial purp'ses; \ . \ I 2 . . . I I . Subd. 6: TOþromote the character and preserve and. enhance the stabilityofproperties and areas within the ¡City. Subd.7: To hxreasonable standards to which buildings, structures and Jand shall I onform for the bene.fitof all. I ] Subd.8:Toprohibit the use of buildings, structuresandlaridsthat are incompatiblewith the intelldeduse or development of lands within the specified zones. t .S'fbd, 9:;ro.I\,rut congestim' in thepubtic streets ~d protect the publichca1thand 4elfare by providing 'for the off-street parking ofvehic1esand vehic1eJoading areas. I Subd. lO:To~rotect against fire, explosion, noxious fumes, pollution of the environment d other hazards in t~e interest of the public health, comfort and general welfare. I , Subd. 11: To define and limit the powers and duties ofthe administrative officers and b, diespr()vided for hJrein. Subd, 12: T OÞbiU<1te<TI1dPrcs"",,, oport areas, corrjdors~wet1ands, \ Section 52.3: JURISDICTION, APPLICATION, INTERPRETATION AND S PARABILITY I I \ . Subd.l: Jurisdiction.. The jurisdiction of this Ordinance shall apply within the Corporate , Ii I its ofthe City and the unincorporated area within two (2) miles of its limits; provided that w ere a municipality Jibs Jess than four (4) miles from the limits ofSt. Joseph, these regulations sh III apply only toa li~e equally distant from St. Joseph and said municipality; and provided further, thatthegovernipg body of unincorporated areas adjacent to the City have not adopted orlinanceSfor the regulation of zoning. . I Subd. 2: Applic'ation and Interpretation. . In their, application and interpretation, the pcp¡ isÍons of this Ordinåµce ~ba11 be held to be theminimun1 l'C<)u1rements fo~ the promotion of the ublic health, safety I and welfare. a) Where thl conditions imposed by any provisioli ?fthis or<lináncc are either mOre orless re~trictive than comparable conditions ilTIPosed by any Jaw, Ordinance, Minnesot~statute, resolution, or regulation of any kind, the regulations which are more rest~ctive ()r which impose higher standards or requirements shall prevail. I I I b) No structqre shall be erected,. converted,· enlarged, reconstructed or altered withou.tfitst obtaining a building permit, and no structure orland shall be used for any purpose nor in any manner which is not in conformity with the provisions of this Ordintmce. c) Fxcept :kteinproy¡(!ed no building, sb'µc'iure or premises s1>"Ùhereafter be . ,used or oC9upiedand no building permit shall be granted.that does not conform to the requirements of this Ordinance. I 3 . . . ¡ I I , · " I d) This Ordinance is not intended to abrogate any easement, covenant, or any other priva~e agreement provided that where the regulations of this Ordinance are more restribtive or impose higher standards or requirements than such easements, coveAants,.or other private agreements, the requirements of this Ordinance shall I govern. \ I. .'. .,... ,'" ' e) Nostiucture shall be moved onto any property without first obtaining a building permit from the Building Official. I Subd. 3:sepkrabilíty. If any court of competent jurisdiction shall judge any provision of is Ordinance to bl1 invalid, such judgment shall not affect any other provisions of this I rdinancenot specifi'cally included in said judgment. If any court of competent jurisdiction tall judge invalid th~ application of any provision of this.Ordinance to a particular property, '., lJ¡uilding or otherstruçture, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. I I i Section 52.4: RULES AND DEFINITIONS. For purposes of this Ordinance words used i the singularnumbekinclude the plural, and the plural the singular. The present tense includes t e past and future tenses and the future the present; the word H shall" is mandatory, the word I " ay" is permissive; all measured distances shall be to the nearest integral foot; whenever a w rd or term defin~dliereinafter~ppearsin the text of this, Ordinanceìts meaning shall be construed as set forthih such definition thereof. · I I For.the purpose ofthisOrdinance, certain words. and terms are herein defined as follows: (T ENUMBERINGþF THESE SUBD.WILL BE CHANGED WHEN CLOSE TO Fl ALLIZATION OF ORDINANCE) Subd. 1: AcceskoryBuilding. A subordinate building or structure on the same lot or att ched to the main building, occupied by or devoted exclusively to an accessory use. I Subd. 2: Accessory Use. A use naturally and normally incidental to, subordinate to, and au ,iliary to the principal permitted use of the premises. I Subd., 3: Adult Entertainment Establishment. A commercial, operation. or establishment Wlr prQvides adlllt sehal ~tertainmen!, specifically .ÜlcJUdin~ bllt nQt necessarily limited to an dult arcade,adultbobkstore, adult cabaret, adult motion picture theater, adult theater, or a sex al encounter establi~hment as those terms are specifically defined in Section 52.13, Subd. 19 of is Ordinance. H. \ i , i Subd.4:. .Alley.~publicright-of-wayusuallytwenty feet orJess in width which no ally affords a secondary means of vehicular access to abutting property. SuM 5: APartmlnt. Ar""m or suite ofrooms IQCated;n one or two' familY structure or am 1tiple dwelling, which shall include a bath and kitchen accommodations intended or desined for use as an in4ependent residence by a single family or individual. · I I '[ 4 . . . i · Subd. 6: . AJartmentBuilding. A multiple family dwelling originally designed and constructed to accOlÞ.modate three or more apartments, designed with more than one dwelling unit connecting to a1.common corridor or entrance way, in contrast to single or two-family I dwellings convertedi, for multiple family. use or attached row dwelling (party wall type) as defined herein. I , I i Subd. 7: Automobile .Wrecking or Junkyard. A place maintained for keeping, storing or iling in commercial quantities, whether temporarily, irregularly, or continually; buying ,or elling at retail or wholesale anyold, used or second-hand material of any kind, including used otor vehic1es,mac*nery, and/or parts thereof, c1oth,rugs, c1othing,paper, rubbish, bottles, . bber,iron or other metals or articles which from its worn condition render it practically useless ~rthepurpose for which it was made and which is commonly classed as junk. This shall,. i elude a lot oryard~or the keeping of unlicensed motor vehicles or the remains thereof for the ~urpose of dismantling, sale of parts, sale as scrap, storage or abandonment. ,This shall not ., ~rohibit the keeping of one unlicensed motor vehicle within . a garage or other structure in , r sidential districts or\two unlicensed motor vehicles not including fann implements within a f: rm in the agricultur~l district \ I Subd. 8: Basement/Cellar. A story havingpart but not more than one-half its height a, ove the average levêl of the adjoining finished grade. r \ · 1" Subd. 9: Bed kd Breakfast. An owner occupied single fainily resilience th~tprovídes oVfrnighraccommodat~ons to a limited number of visitors for a charge, not to exceed a stay of se en consecutive nights. 'I I Subd. 10: Boarâing House or Rooming House. See Lodging House. I Subd. 11 : Building. , Any structure, either temporary or permanent having aroof, and :r or built forthe shejto/0r :clOSUre of any person, animal or chattel o~property of any kind, en separated by bearing walls without openings, each portion so separated shall be considered a s~parate building. \ Subd. 12: Buildable Area. That part of the lot remaining after required yards have been provided. \ Subd.13: BuildiJg Principal. ,A building or structure in which is conducted the main or prin ipal use of the lot on which said building or structure is situated. I Subd.J4: BuildidgHeight. . The vertical distance measured from the average ground level adjoining the buildi~g to the highest point on the roof surface if a flat roof, tö the deck line of m sard roofs, and to tþ.e lllean height level between eaves and ridge of gable, hip and · gam reI roofs. 5 I . Subd, 15: BuildiL Setback Line, The front line of the building or the legally established hich determines the location of the building with respect to the right-of-way line. I i Subd. 16: Carport. A structure having a roof supported by columns but not otherwise encl sed and which is pehnanently attached to a dwelling. ,m J ".,,'. "m ""'/',":1 Subd. 17: District. A section of the City of St. Joseph for which the regulations govrning the use of buildings and premises, the height of buildings, the size of yards, the inteÁsity of use are unifoF' j Subd. 18: Dwelling. A building or portion thereof, designed exclusively for a residential . occ pancy, including one family, two family and multiple family dwellings but not including hote s, motels and boarding house. I "".m. m" ,; m":L.'~_f,~J~!i"1~~i" Subd, 19: ~eJng - Multiple, A building used or intended to be used as a dwellÌ\lg by thre or more families, ~here each dwelling unit is divided by wall extending the full height of the ! eiling. Each unit is capable of individual use and maintenance without trespassing upon adjoining properties, and utilities and service facilities are independently serviceable. I . · · · · Subd. 22: Family. I , a) A family i~ any number of persons living together in a room or rooms comprised of a single housekeeping unit and related by blood, marriage, adoption, or any unrelated ~erson who resides therein as though a member of the family. Any group ofthiree persons not so related but inhabiting a single house shall, for the purposes of this Ordinance, be considered to constitute one family. b) With respebt to any property validly licensed as a rental unit pursuant to Section 55.11 ofth~ St. Joseph Codeof Ordinances, as of October 15, 1990, the definition I of "family'! which existed prior to October 15, 1990, shall continue to apply. This prior definition had defined "family" as up to five unrelated persons. The applicatio~ of this prior definition to existing rental units shall be construed as a non-confoFing use as limited by Section 52. 11 of the St. Joseph Code of Ordinances and shall be transferable. A lapse or revocation of the rental license for any sudh property shall be considered as a discontinuance of a non- conforming use and the property will thereinafter be required to conform with the definition pf"family" as set forth in paragraph (a) above. c) For purpo~es of this subdivision, persons are related by blood, marriage, or adoption only if the relationship is that of husband and wife, parent and child, · sibling, grbdparent and grandchild or stepchild. No other degrees ()fkinship shall be cdnsidered as related by blood, marriage or adoption for purposes of this subdivisioh. Subd." 23: Farm. IAn area which is used for the growing of the usual farm products, such as v ,getables, fruit, trees,j and grain and their storage. I I I Subd. 24: Farmers= Market. Area used for the sale of produce grown by local and regi I nal producers. I · 7 . . . . Subd.25: Frontage. All the property on one side of a street between two intersecting .' street (crossing ortermin~ting) measured alongthe line ofthestreet, or if the street is dead ende , then all the property abutting on one side between an intersecting street and the dead end of the street. ! i Subd.26: Garage,lPrivate. An accessory building designed or used for the storage of not more than.three power-dril~en xehicles owned and \)Sed by the occupants of the bljilding to which It IS a[cessory. . Subd.27: GarageJ Public. Any premises, except those described as a private garage, used r~r the sto,rage or carl€:: of power dri~en ve~icles or where any such vehicles are equipped for operatIOn, repaIred or kept for remuneratIOn, hIre or sale. I I I Subd.28: GasolÜie Service Station. Abuilding or structure de~ignedor used for the retail sale or supply of fudls, lubricants, air, water and other operating commodities for motor vehi les, and including th~ customary space and facilities· for the installati?Ilof such com odities on or in such vehicles, but not including special facilities for thepainting,l11ajor repair or similar servicing thereof. I , I Subd.29: Grade, Street. The elevation of the established street in front of the building EJgi eer shall establishsrch street grade orits equivalent for the purpose of thisOrdinance. . See. eparatesectionon,1fome Occupations".inclu¡rJed at the end %rdinances. dw·Jmi~~l;~4~:~~~:::\\=¡~:;;::J¡;~ofa ~J::i~=;:¡¡\;~=~~~~ud0~:~"::~;e:irl ~ï::::::f:::Œ:::::::::·::g assistant who mayor may not reside in the dwelling. Building Alterations and Signs Allowed. Such home occupation shall not require internal . .'. . . I ' I Perl11issibleho~~ occupations include but are oot limited to the ~o~lovlÌng: art studies, I ' " , , , . 8 . . . · Subd. 31: Hotel. f.\ building in which lodging is provided and offered to the public for comtensation. and which lis open to transient guests in contradistinction to a boarding house or lodgi g house. : I I .";' "4°" ~ : :~~" "~è ~""'" ¡Wi:' <',,-.., %i"" ~~ 'i/''' " ;p1 7.:! A building occupied by anon-profit corporation or a non-profit · Subd. 33: Lodge. I A building operated by a fraternal or veteran=s organization that is qual~fied as tax exempt uµder the Internal Revenue Code, operated for the use of members and guer while in the comp,µ,y of a member, , Subd. 34: Lodging House Dormitories, Fraternities and Sorority Houses. Abuilding or plac where lodging is provided (or which is equipped regularly to provide lodging) by prefgement for defïnjte periods, for compensation, for three or more individuals, not open to tran ient guests, in contr~distinction to hotels open to transients. Lodging houses, dormitories, frate ities, sorority houses, boarding houses and rooming houses shall only be permitted in R-3, muU'ple dwelling districts, except within the boundaries of a college campus. Subd.35: Lot. r1 parcel of1and occupied or intended for occupancy by a use permitted in thO s Ordinance, including one main building together with its accessory buildings, the open I spaj s and parking spacer required by this Ordinance, and having its principal ftontage upon a stre t or upon an officially approved place. I Subd.36: Lot Äiea. The square footage contained within a particular parcel of real pro~erty. i I Subd. 37: Lot, Buildable. A buildable lot is that square footage required by this zoning Ord', nance for a PartiCu11 zone, · 9 i , I I ! , I I . . . · Subd,38: Lot, coLer, A lot situated at the intersection of two streets, the interior angle ofsu h intersection not exceeding 135 degrees. I Subd.39: Lot, Coverage. The part or percentage of the lot occupied by buildings or es, including acce~sory building structures. Subd. 40: Lot DeJth. The mean horizontal distance between the front and rear lot lines. Subd. 41: Lot, Dduble Frontage. A lot having a frontage on two non-intersecting streets, as di tinguished from a cdmer lot. Subd. 42: Lot Frorttage. The front of a lot shall be for purposes of complying with this ance, that boundary iabutting a public right-of-way having the least width. Subd.43: Lot LiJe. A property line ofany lot held in single or separate ownership; exce t that where any po~ion of the lot extends into the abutting street or alley, the lot line shall be d emed to be the street or alley right-of-way~ I I Subd. 44: Lot of Record. A lot which was part of a subdivision, the map of which has been recorded in the office of the Steams County Recorder or a lot described by metes and bo ds, the deed to whic~ has been recorded in the Office of the Steams County Recorder prior to th effective date of this Ordinance. · Subd.45: Lot Wi~th. ,The horizontal 'distance between the side lot lines measured at right angles to the lot and depth at the established ffont building line. I , , Subd. 46: Manufactured Home. A structure, transportable in one or more sections, which in t e traveling mode is ~ight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is · buil t on a permanent fopndation when connected to the required utilities, and includes the plu bing, heating, air c9nditioning and electrical systems contained therein; except that the te s includes any structure which meets all the requirements with respect to which the I I 10 I i ¡ I . . . i i I ¡ ! i ¡ I . manuacturer voluntarily ~lesa certification required by the secretary and complies with the established under this Ordinance and which meets the Manufactured Home Builders defined in Minnesbta Statutes' 327.32, Subd. 3. ¡ I Subd.47: Mobile Home. The words "mobile home" shall mean a transportable, human dwell ng unit suitable for year-round occupancy and containing the same water supply, waste dispo aland electrical cortveniences as in mobile housing and subject to tax or registration as such nderthe provisions bfMinnesota Statutes, and having no foundation other than wheels, jacks or skirtings, The tt Mobile Home shall include the words "trailer", "house trailer" and "trail r coach". Subd. 48: Mobile orne Park. Any site, lot, field or tract ofland upon which two (2) or more occupied mobile homes or manufactured homes, or combinations thereof, are located. I I Subd. 49: Motel. ¡See Hotel. i I Subd. ~50:Motor Vehicle Wrecking, JuÍ1k.yard, or Recycling Centers. A place . main ained for keeping, s~oring or piling in commercial quantities, whether temporarily, irregtJarlY, or continually; buying or selling at retail or wholesale any old, used or second-hand mate' alof any kind, including used motor vehicles, machinery, and/or parts thereof, cloth, rugs, clothing, paper, rubbish, Dottles, rubber, iron or other metals or articles which from its worn condftion render it practisally useless for the purpose for which it was made and which is C010nlY classed as jutJ\<, This shall include a lot or yard for the keeping oftU1licensed motor vehi les or the remains tHereof for the purpose of dismantling, sale of parts, sale as scrap, storage or alJandonment. This shkll not prohibit the keeping of one unlicensed motor vehicle within a gara!e or other structure jn residential districts or two unlicensed motor vehicles not includiug farm implements within a farm in the agricultural. I ' W 11171 ' ;- ~ \ /' :.:..:f:. :::f ;::: '~ ,} , ,_ ~lT~ ílf"J·'1!tìt:~;'l.11~:¡1;11 . 11 . . . . Subd.52: Parking Space. A durably surfaced area enclosed in the main building, in an acces ory building or unenclosed, comprising an area of not less than 171 square feet, exclusive of a drably surfaced driv¿-way connecting the parking space with a street or alley and permtng satisfactory ingtess and egress of an automobile, Subd. 53: Patio HJme. A single family attached or detached unit and structure consrted on a relativel1 small parcel of property consisting of a one level living area, Subd. 54: Permitt~d Use. A use which may be lawfully established in a particular distri I t or districts, provided it conforms with all requirements and performance standards (if any) r such district. I Subd.55: Person. I Any individual, corporation, firm, partnership, association, org~ization or other group acting as a unit. It also includes any executor, administrator, trustee, receiìer or other representative appointed by law. Whenever the word "person" is used in any secti;r prescribing a penalty or fine, it shall include partners, associates, or members of a corpjon, :hO ~ :P?nSible :or fu~~ViOlation, , ~ , .' {I >0 ~^ . 111 "(&1. w [ ~u ~ :' < f::*, W0',,~~>" ,., " ':i ",~ j] Subd. 56: Roomihg House. See Lodging House. I '__JI _v~~,~;;::x· ,,,," ;,~ ,~:/;x;:· ~,:~\~'; I Subd.57: Setback Line. The mean horizontal distance between the front street, righ -of-way line and the I front line of the building or the allowable building line as defined by . the ant yard regulations of this Ordinance. I I I 12 . . . I I I I · Subd, 58: Sign, d name, identification, description, display, illustration or device which is affi, ed to or represente , directly or indirectly upon a building, structure or land in view of the gener 1 public and which directs attention to a product, place, activity, person, institution or busin ss. I i Subd. 59: Special Use. A use, which because of unique characteristics, cannot be classi led as a pennitted u~e in a particular district. Special use pennits may be granted in accor ance with Section5Q.9. Subd, 60: stable,lA building accommodating one or more horses, 1 i Subd. 61: Story. 1ihat portion of a building other than a basement/cellar, including betw en the surface of aný floor and the surface of the floor next above it or ifthere be no floor abov it, then the space bdtween the floor and a ceiling next above it. I Subd.62: Story - Half. A space under a sloping roof which has the line of intersection of roof ecking and wall face not more than three feet above the top floor level and in which space not ore than 60% of the :floor area is finished offfor use. A half-story may be used for occu ancy only in conjunction with and by occupancy of the floor immediately below. ! Subd. 63: Street. ~ll property dedicated or intended for public street, highway, freeway or ro d-way purposes andlsubject to public easements therefor. , I · dt;",~'" I I 64: Structure. Anything constructed or erected, the use of which requires location on th~ ground or attached to something having a pennanent location on the grou d, including but without limiting the generality of the foregoing advertising signs, billb ' ards, backstops fortennis courts and pergolas. I Subd. 65: Structural Alterations. Any change in the supporting members of a building such ¡as bearing walls or p,artitions, columns, beams or girders or any substantial change in the roof r exterior walls. ¡ Subd.66: Townhouse and Condominium Single family attached units and structures hous ng three or more dw;elling units contiguous to each other only by the share of one common wall etween each unit. I Subd.67: Use. Tþe purpose for which land or buildings thereon are designed, arranged or in ended to be occupied or used, or for which they are occupied or maintained. 1 · 13 . . . · · I ì Subd. 69: Wetlands. The City adopts the definition of A W etlands@ as contained in Minn. Stat. ' 103G.005, Subd. 19. Designations of the Stearns County Environmental Services office ofw tlands shall be presJmed as accurate when determining the location of wetlands. I , Subd. 70: Yard. ,All open space on the same lot with a building, unoccupied and unob tructed by any portibn of a structure from the ground upward, except as otherwise provided herei . In measuring a ydrd for the purpose of determining the width of a side yard, the depth of a fro . t yard or the depth of a rear yard, the mean and horizontal distance between the lot line and the ain building shall b¢ used. ì ì Subd.71: Yard, Front. A yard extending across the front ofthe lot between the side lot lines and lying between the front line of a lot and the nearest line ofthe building. I I Subd. 72: Yard, Rear. A yard extending across the full width of a lot and lying between the r ar line of a lot and the nearest line of the building. I I Subd.73: Yard, Side. A yard between the side line of the lot and the nearest line of the buil ing and extending from the front line of a lot to the rear yard. I I · Section 52.5: ENFORCEMENT/VIOLATIONS AND PENALTIES. 14 . . . I I I I I ¡ · Subd. 1: Enforcerrlent. This Ordinancÿ shall be enforced by the City Council. The City Clerk may institute in the ~ameofthe City ofSt. Joseph any appropriate action or proceedings againt a violator as provided by Jaw. I Subd. 2: ViolatioJs and Penalties. Any person who shall violate any ofthe provisions hereo or who shall fail to comply with any of the provisions hereto or who shall make any false I state entin any document required to be submitted. under the provisions hereof, shall be guilty of a isdemeanor, and eaqh day that a violation is permitted to exist shall constitute a separate offen e. I I I I Section52.6BUIILDING PERMlTSREQUIRED.Nopersonshall erect, alter, wreck, or move any building or part jthereof within the City of St. Joseph, without first securing a building perm"t. An application for abuilding permit shall be accompanied by a plan showing the dime sions ofthe lot to bJ built upon, the size and location of the building upon the lot and any acces ory buildings to be ~rected, the use to which the intended building is to be, put, and the estim ted.cost thereof. If the proposed building complies with the Minnesota.State Building Code and the regulations Jdopted by the State of Minnesota as well as all ofthe ordinances of the City ! f St. Joseph, theÇityBuilding Inspector shall issue a permit therefor conditioned upon the appli I ants compliance with all of the State Laws and City Ordinances. All permits shall be co- signetl by the City Clerk ahd all additional permits necessary shall be obtained at this titpe. A perm t shall be obtainedf6r the construction or reconstruction of an Accessory Building as de fin d in Ordinance 52.41 Subd. 1. · I I , ' i BUILDING PERMITS SHALL NOT BE REQUIRED if the work to be performed is limit dto the following: r~placement of windows, repair or replacement of interior or exterior door I' shingling or re-shi4gling of a roof, siding or residing, or interior remodeling not involving the r mova1 or relocation of an interior wall. I I j Section 52.7: BOARD OF APPEALS AND ADJUSTMENTS. I Subd. 1: Board Cr~ated.' . There is hereby created a :Board of Appeals and Adjustments consríng of ¡he. C¡tYP1anniå$ Commisoien, . Members oft"e City Planning (;ommission shall serve as members Or the Board of Appeals and Adjustments The members of said forperi9ds commensurate with their respective terms of office as members of the ity Planning Commi¡ssion. The City Council shall appointa.Secretaryofthe Board. I Subd. 2:Procedute. Four(4)tnembers of the Board constitute a quorum and a majority of ai' the members of the Board is necessary for any decision of the Board. The Chairman of the Plafg Commissiç¡¡ shill! be the Chairman of the Board, 8¡¡bj ect to the provisions of this Ordi ,ance, the Board may adopt rules necessary to the conduct of its affairs. The Chairman or, in hi. absence, the acting,Chairman, may administer oaths to witnesses.. All meetings shall be opened to the public. Th~Board shall keep minutes of its proceedings, showing the vote of each me ber upon each quest~on, or if absent or failing to vote, indicating such fact. The Board shall keep records of its examinations and other official actions. · I I I Subd.3: Powers bd Duties of Board. 15 i I . . . I I I ¡ . a) The Board shall have the power and duty of hearing and deciding, subject to approval b~ the City Council as herein provided, appeals or requests in the following c~ses: j ¡ 1. Appeals where it is alleged that there is an error in any order, requirement, decision, or determination;made by an administrative officer in the enfJrcement of this Ordinance. I j 11. Requests for variances from the literal provisions of this. Ordinan.ce in insÚmceswhere their strict.enforcement would cause undue hardship bec~use.of circumstances unique to the individual property under con~ideration. I b) Plannine; Jommission Duties Distine;uished. The Planning Commission shall have the ppwer to consider special use permit applications and applications for amendments to the zoning ordinances or rezoning. ! I c) Review of ~ppeais 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 C9uncil,the board shall report its findings with respect thereto and all facts incoqnection therewith, and shall specifically and fully set forth any . adjustmentl or variance granted and the conditions designated. Upon receipt of such report, the Council either shall by resolution approve and confirm the decision, ~hereupon 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 grante4 under the provisions of this section, the Board and Council shall require su~h evidence and guarantees as it may deem necessary to insure compliancb with the conditions designated in connection therewith. I I Subd.4. Section ~2.8: VARIANCES. A variance maybe granted to allow a pro~erty owner to devia~e from the specific development standards applicable to a partwular district. A vm¡iance shall not be granted to allow a use that is not otherwise I" permittedu~derthe terms of this Ordinance in the district.involved. In granting a varia ce the Board, or the Council in reviewing the Board's decision, may prescribe appropriate cond tions in conformity kith this Ordinance to protect properties and the health and safety of pers ns residing or workihg.in the neighborhood. When such conditions are made part of the term under whichthev~ancejsgranted, violation of the conditions is a violation ofthis Ordi ance. A variance sliall not be granted by the Board, or by the Council upon review, unless they ¡find the following f~cts: , a) That there i 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 generally to other properties in the same zoning district. The exceptional or extraordin~ry circumstances must not be the result of actions taken by the . petitioner.¡ I 16 I I . . . I I I I · b) That thelitéral interpretation of the provisions ofthis Ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. , I I c) Thatgrantirtgthevariancerequested will not confer on the applicant any special privilege th~t is denied by this Ordinance to other lands in the same district. d) That the prJpOSed yariance will not ¡"'pair an adéqllilte supply or light and air to adjacent prÓperty,ordiminishor impair established property values within the surrounding area, orin any other respect impair the public health, safety or welfare of the residents onhe City. , , e) That the cohdition or situation ofa specific piece of property, or the intended use of said pro~erty, for which the variance was sought, is not of so general or recurrent a pature as to make reasonably practicable the fonnulation of a general regulation for such conditions ora situation. ! · Subd. +5: ProcedUre. Application for a variance or app€;:al under the provisions of this secti9n shall be made to the Secretary Of the Board of Appeals and Adjustments, in the fonn of a written application, called aDevelopment Review Application. The Development Review Appl! cation must be subrttitted three weeks prior to a variance request. a) The secret~ryofthe Board of Appeals and Adjustment shall review all DevelopmèntReviewApplications and upon completion of the requirements of the applic~tion shall schedule a public hearing. The Secretary shall have ten (l0) days tore~iewthe application for completeness. Notice of such hearing shall be mai1edno~less than ten (10) days nor more than thirty (30) days to property 0'Nners within 350 feet of the affected parcel as detennined by the City Clerk. I Suchnotic¡e shall also be published inthe official newspaper within the above time period. Failure of a property owner to receive said notice shall not invalidate any such proceedings. I ¡ b) A varianc~ ofthisZoning Ordinance. shall be by two thirds (2/3) majority vote of the full ¡Board of Appeals and Adjustments. ¡ c) If the Board of Appeals and Adjustments detennines that the application be granted, the Board of Appeals and Adjustments shall make its recommendation to · the City C¡ouncil within thirty (30) days of such detennination. Upon receipt of such report, the City Council shall either by resolution approve and confinn the decision, Whereupon the pennit as applied for may be issued, or shall refuse to I 17 . . . , I I · approve ana confirm the decision. If the City Council acts on an application granted by ~he 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 orthe petitioner~y mail within ten (10) days aftedts decision. d) If the Boar~ of Appeals and Adjustments denies the applicationthe Board shall make its order and serve ,a copy of such order upon theappellantor petitioner by mail withi~ ten (10) daysaftedts decision. Theappellant or petitioner may appealthe?ecisionoftheBoard of Appeals and Adjustments to the City Council by filing arritten request of appeal with the City Clerk ten (10) days after receipt of the writt,endenial from the Board of Appeals and Adjustments. The City Council sh~l1 review the decision of the Board of Appeals and Adjustments within 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 (1 0) days after its decision. I I Subd. ;66: Lapse dfVariance. Ifwithin one (1) year after granting a variance the work perm tted is not started such a variance shall become null and void unless a petition for an exten ion has been appro~ed by the City Council. Section 52.9: SPECIAL USE PERMIT. I · Subd.l: Purpose ~nd Scope. The purpose of this Section of the Zoning Ordinance is to provüie the Planning Commission and City Council with a reasonable degree of discretion in dete iningthe suitability of certain designatediuses uponthe general welfare and public safety. Special use permiJs may be issued for any of the following: a) Any oftheluses or purposes for which such permits are required or permitted by the .provisi~ms of this Ordinance. I I b) Public utility or public service uses or public building in any district when found to be neceJsary for the public health, safety, convenience or welfare. I c) To c1assif~ as a conforming use any non..confonning institutional use existing in any district at the time of the establishment of such district. Subd.2: Application. Applications for Special Use Permits and required fees shall be sub5itted the Secretary of the Planning. Commission. The application shall be accompanied by a site ¡an containing such torroationas is necessary to show compliance with thisÇJrdinance, inc1u ing but not limited 0: . . , a) Description of site (legal description). I I b) Site plan drawn at scale showing parcel and building dimensions. · i c) Location olf all buildings and their square footage, and the location of easements. 18 · · · j I ! ! · d) Curb cuís, ~vevvays,access roads, parking spaces, off"sti",,\ 10adjngare"" and sidewalks. , e) Landscapirlg and screening plans. ! I f) Drainage Pl' Sanitary se ·er and water plan with estimated use per day. g) I h) Soiltype, the Jocation of wetlands as defined by Minnesota Statute' 1036.005, Subd. 19, dr absence thereof as verified by a statement from the Steams County Environmental Services Office. r i) Any additi6nal written or graphic data reasonably required by the Zoning Administr1tor or the Planning Commission. )IWI='__IIIIIIWIIIII~1I'_'I'WII~"I'. 1~:~;~¡~I~~~::&ú:~~"~' ~ -'- ~:_-- ,: l~~\~f '. ~ à;:I:Y' -» ~Kd-__.':-L-_- - : c· .;-'~'-: _ ___,_~~~jl~:::~} -~ :,~~jii~i~c---'---~ ->::~ - v~-,J,~III~m~ ,"- - -'-¡:::JIJ1¡~.~,.-:-:,,:) I Subd. 3: 'Procedure. . The Planning Commission Secretary shall' forward said application to the Planning Commissipn for consideration at their next regular meeting. · a) The Planning Comn1Íssion Secretary shall review all Development Review APPliCatiO~Sandupon verification that the Application is complete and meets the requireme ts ofthe Ordinance, the Secretary shall schedule a public hearing. The Secretary shall complete the review process within ten (10) days of receipt ofthe Applicatio~. Notice of such hearing shall be published in accordance with State Law and n?tice shall be published at least once in the official paper of the City and maile~to individual properties within three hundred fifty (350) feet of the parcel inclvded 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 b) notice shali notinvalidateany such proceedings. The Planning Commissionshallconsiderpos~ible adverse effects of the proposed I special use! and what additional requirements may benecessary to reduce any adverse effects, and shall make a recommendation to the City Council within the guidelines ~s mandated by State Law. i c) The CityCouncil shall act upon the report and recommendation from the Planning Commissidnwithin the guidelines as mandated by State Law . Upon receiving thy report and tecommendation from the Planning Commission, the City Council shallhave.the option of holding a public hearing if necessary and may imposeany conditions:deemednecessary. Approval of a special use permit shall require passage byi a two thirds (2/3) majority vote of the full City Council. · 19 · · · i I i · Subd, 4: Stan~, '!'hI' PlaJ)DÍng Cotl111)isšìon shall reco!))l]lend a special use permit and t e Council shall order the is!)uance of such permitif the. application conforms to the specific stand . rds set forth below, ~s it would apply to the particular use at the proposed location: I , a) Will not be! detrimentalto or endanger the public health, safety, morals, comfort, I convenience or generalwelfare oftheneighborhood or the City. b) Will be.hioniouswith the general and applicable specific objectives ofthe cOITlprehenkrve plan ofthe City and this Ordinance. I c) Will be de~igned, constructed, operated and maintained so as to be harmonious and approppate in appearance with the. existing or intended character of the general vicinity and will not change the essential character of that area. I ¡ d) Will not bdhazardous or disturbing to existing of future neighboring uses. Will!)e $Jed a,deqUately by e$sential publi(\ faêilitìe$ ¡fud selyic"s, including e) streets, police and fire protection, drainage structures, refuse disposal, water and I sewer systems, and schools. ±) Will not crÐate excessive additional requirements at public cost for public facilities arid services and will not be detrimental to the economic welfare of the . ¡ communlt:~~. · g) Wll . I 1 .. .. '. . 1 " d d' . 1 not mro ve uses, aCÍ1vlÍ1es,processes, matena s, eqUIpment an, ,con lÍ10ns of operation that will be detrimental to any persons, property, or the general welfare beçause of excessive production oftraffic, noise, smoke, fumes, glare or odors. , h) Will have yehicular approaches to the property which are so designed as not to create trafqc congestion or an interference with traffic or surrounding public thoroughfares. i) WillhaVeldeqUate facilities to provide sufficient off-street parking and loading spaceto serve the proposed use, I j) Wïllnot re~ult in the destruction, loss or damage ofa natural, scenic, or historic feature of major importance. Subd. 5: Denial FL Non-Compliance. If the Planning Commission recommends denial of as ecial use permit or the Council orders such denial, it shall include in its recommendations or de ermination findingsias to the ways in which the proposed use does not comply with the standards required by this: Ordinance. · 20 · · · I I j I , . Subd, 6: COhditio1.. In r<)C0mmending or apptovìng ariyspecìal use pennit, the Plannrg Commission and! th." Council may impose conditions which are con,idere~ necessary to meet he standards of this þrdinance and to protect .the best interests Of. thé surroundi11g area or the C ty as a whole. Violation of any such condition is a violation of this Ordinance. These conditions may include bu¡t are not limited to the following: I I a) Ingressan4 egress to property and proposed structures thereon with particular referencet vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe. b) Off-street Jarking and.loading areas where required and the economic effect, noise, glar~, or odor of the special use on nearby property. , c) Refuse andf service areas. d) Utilities Wi~h reference to location, availability and compatibility. I e) Diking,Jen:cing,screening, landscaping or other facilities to protect adjacent or nearby property. f) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect. and compatibility and harmony with properties,in the district. I . g) Required ylrdS and other open space. 1 h) General c()þ1patibility with adjacent and other property in the district. Subd.7: Expiration. If substantial construction has not taken place within one'(1) year after he date of a special use permit, the permit is void except that,' on application, the ,Council, after eceiving the recommendation oftheiPlanning Commission, may extend the permit for an addit anal periodnot to dceed one (1) year., A special use permit authorizes only the conditional use Sl ecified in the permitand expires if, for any reason, the authorized use ceases for more than one ( ) year. ' . Section 52.10: AMENDMENTSÂ.ND REZONING in thi Subd. I: GeneraL! This Ordinance may be amended by following the procedure specified section. I Subd. 2: Initiatiort. An amendment may be initiated by the following procedures: I I a) Upon the initiative of the City Council or the Planning Commission, or b) bBy the petition of not less than fifty percent (50%) ofthe.l'roperty owpersaffected by the proposed amendment and fifty percent (50%) of . those property owners within three hundred fifty (350) feet of the I proposed change. r 21 I i I , I I I · · · i i i . . An amendment Jinitiated by tb.ePlanning COl)1mi~sion ~!Í1!1l be referr~d¡o the Com ission for study an4 report, and the Council shall not act on the amendment.until it has recei I edtbe recommenda~ion of the Planning Commission or until sixty(60) days have elapsed from the date of reference !ofthe amendment without a report by the Planning Commission. ....', J 'II'" '''''''''ØJW ' "I""""" "."'''''''''' i I.", '",~""",,,,,, '_'~" ,"U,', "'W, """""""''''''''''''1''''''''''''.1 11I""""""'","""I",r"",,,,,,,,,,, "lr:ì.ili¡¡;:i74IM""''''''''''''''''''''''_lm .,{}VV ',~t:'4k"" í:, "'þ"1~~1~'¡:I;u::~,n;:'J~d~~~b" J \[ìÎ.~w,,,,,, 'II,.',',,' .".'}~~lj~~~~" "'d.!".i"~,*~'''· ", ,";g¡WaiIIJII\Îi ~ .. I s:~~,:Àcti~::r~~~:K~~~iss;~n,:e;ore~:~:s.adOPted' the PI~ing Commission shap hold at least one (1) public hearing thereon after a notice of the hearing has been publishe~ in the official newspaper at least ten (10) days and no more than thirtY!(3Q) days prior to the hearing. When an amendment involves changes in district boun aries affecting anarpa of five (5). acres or less, a similar notice shall be mailed at least ten (10) ays and no more than. thirty (30) days before the day of the hearing to each owner of affec ed property situated rholly or partly within three hundred fifty (350)feet ofthe property to whic the amendment relates. ] Following theheaAng the Planning Commission shall make a report of its findings and, unlesF the amendment ha~been initiated by the Commission and the Commission detennines not to re90mmendittothe C9uncil,itshall file a copy with the City Clerk "\Vithin fourteen (14) days of the meeting at which t~e date ofthe hearing was set. When the amendment has not been initia ed by the Planning <pommission, the report. shall, in any event, be filed not later than sixty . (60) ays ftomthedateo~reference of the amendment to the Commission. Failure of the PIa ingCommissionso fa report on an amendment not initiated by it is deemed to be approval by th Commission ofthe¡ amendment. Subd. 4: Action by City Council. Upon the filing of such report, or upon the failure of theP anning Commission] to file, such a r~port within the time prescribed by Section9.030n an ame dment proposed by petition or by the Council, the City COuncil shall hold such public heari gs as it deems advi~able. After the conclusion of the hearings, if any, the Council may adop the amendment or ahy part thereof in such fonn as it deems advisable. The amendment shall e effective only if tko-thirds (2/3) of all membersofthe Council concur in its passage. I I I .111_rl.~:, ,.iii',¡",. '~I,_7.,:';V" ,. ','" ,lIil:.I'íi~"'~if;~lli,IiI...lllrrj_~'~I.Allill.JIt:~,~.rp <:,~,·tJ~;~1'jtj\1<:::~~I}'Tht ::\~:t étP:' __. ,>"<,:",,¡,,,,-c.," '*" "J!lUJiltll~I¡~;I,.''i,,,,,,,,,,,~/;ti..v}¡,"£0,''~@,.,x,,.<, "-,,<-w,, .w"~""'''''''~<~'' .:.:.:.:.:w)}#-.M!Hl", ,,,~.,,.:.:.:.:.:.:.:.:~«M-~"-_'-'~7;-&, ø.- ill IljJ11ii::úd-ii¿f-- jÆh;;:J)};' -.1 ' ,¡ ~iSl'I'''j!S_''1I' ,,"'w·"'¡j'liJMI(W'· ".q'4"j1I!'1.Øfjljl'_"r""~iïfllfjljlþ Jl!<iIIiîiìIIìI' -'{f1r1i~« .~,~: - ~..:~::;;~~;~Á~,1i~i!i~;"; -:(,' ii ·~'l.i\¡!:;~I~;~· --- - : ; ~....%t ~ - ~~lii 'j~llæjjJ~lll~l~¡û_:::::;:::tdDIt!~ I ] Section 52.11: FEBS AND CONTENTS OF PETITIONS FOR AMENDMENTS, APP ALS ADJUSTMENTS SPECIAL USE PERMITS AND VARIANCES. I Subd. 1: Payment Required. Any person filing a petition requesting an amendment, appeïl, adjustm~nt, speci~luse pennit or variance shall pay a fee according to the schedule estab¡. ished bySection 10;02. I , I Subd. 2:, AmountJ Fees payåble under this section for an amendment or rezoning, . appe .1, special use penni~ or variance s1ia11 be in anamqunt as e~tablished by resobition of the City Council. The fee is ~ayable at the time of filing a petition and is not refundable. I 22 , i I I I · · · ! I ! I . In additiol\ to the LveJee'nndmthe event the City mcors professional fees, either I legal engineering or professional planners, or any other cost,.including but not limited to, post ge and publication e~penses, the applicants shall reimburse the City for those fees, and the City officials may requir~ a deposit for these fees prior to the final hearing on the application. I Subd.3: ContentlofPetition. The petition shall give the street address of the land as tQ whic the petitionis made, contain a legal description thereof, state the mailing address of the ownr, .and clearly describe the structure to be built or altered ifthe petition is granted, or if the peti~on is for a change inl any regulations ofthis Ordinance,.it shall state the change and the rear therefore,.. The p~titiO:S71.alsO .contmn.nny other·mfo=ation whIch. is requITed by othe Sections of this Ordinance. The Planning Commission may require the petitioner to submit ace ificate by a registered land surveyor verifying the front, rear and side-yard setbacks of all buil ings and structures situated on or adjacent to the property described in the petition. . I SectIOn 52.12: NON-CONFORMING USES. I Subd. 1: Intent. I~ is nofthe intent of this section to '. encourage the non-conforming use of land. Non-conformities are declared by this Ordinance to be incompatible with permitted uses in the dístrictsin which the non-conformity occurs. A non-conforming use of a ,structure, a non- , onforming use ofland, or a non-conforming use of a structure and land in combination shall~ot be extended or eb.larged after passage of this Ordinance by attachment on a building or land f additional signs irttended to be seen from off the premises, or by the addition of other . uses bf a nature which w9uld be generally prohibited in the district in which such use is located. I Subd; 2: Continuàtion of Non-Conforming Use. The lawful use ofa building or structure exist ng af the time of the I adoption of this Ordinance may be continued although such use does not conform with the distfict provisions herein, unless the use ceases for a period of one year. i Subd. 3: .Extension or.Expansion of Non-conforming Use. A non-conforming use ofa residhntial, commercial at industrial building may not be extended or expanded by adding Onto the b ilding. A non-conforming use of a residential, commercial or industrial land shall not be enlarged, expanded, inère,~sed or extended to occupy a greater area than was occupied when the use 1decame non-conforming, except as· specifically provided in Subd. 6 of this section. I Subd. 4: ' Structurål Change. No existing structure devoted to a non-conforming use shall be e 'larged,extended, re90nstructed, moved, or structurally altered except in changing the use of the s ructure to a conforming use. Subd. 5 : MaintenLce. Maintenance of a building or other structure containing or used for a non-conforming uselwill be permitted when it includes necessary non-structuralrepairs and incidental alterations whi9h do not extend or intensify the non-conforming building or use. I , Subd. 6: Residential Alterations. Alterations may be made to a residential building cant iningnon:.conforming residential units when they willimprovethelivabilityand safety of . such units provided, how~ver, that they do not increase the number of dwelling units in the building, Additions may 1e made I<:> non'confornring residel\tial buildmgs, limited to !'h mcrease I 23 I I · · · ¡ I I I · in th . living area of no m<?rethan 20% of the existing main floor square footage. The construction and alteration of garages and accessory buildings is also permitted, as long as the impr6vements conform with thézoningrequirements for both the zoned use of the property, and I the n n:conforming use. I I I Subd.7: ChangebfNon-conforming Use. Anon-conforming use cannot be changed to a com arable non-conforming use.·· Whenever a non-conforming use has been changed to a confì ,rming use, or to a uJe permitted in a district of greater restrictions, it shall not thereafter be chan ed to a non-confomÜng. use of a less restricted district. I I j Subd.8: RestorationAfterDestruction.Anynon-conforming building or structure dam gedmore th£111 fifty (50) percent of its then appraised value, as appraised by an independent appr iser, exclusive offo~dations at the time of damage by fire, collapse, explosion or acts of God, or public enemy,sh~llnotbe restored or reconstructed and used as before such a happ ning; but,iflessthk fifty (50) percent damage above the foundation, it may be restored, reco~structed or used as Hefore provided that itis donewithintwelve(12) months of the happening and that itbe Huilt of like or similar materials, or the architectural design and building mattals are approved b11 the Planning Gommission, ~ubd~ 9:. DiSCOntiLance of N?n-Confornting Use., If a non-confornting use of a buildlng orland is discon~inued or ceased fora period of one year ormore, or ifthe use is invol ntarilydiscontinued and ceased because of the revocation of a permit or the right to · enga e in the use, subseqbent use of such building or land shall conform thereafter to the use perm'tted in the district irt whichitis located. I Subd. 10: Junkyatd. Nojunkyard may continue as a non-conforming use for more than thirt (30) years after the effective date of this Ordinance, except that ajunkyard may continue as a no -conforming use in an industrial ,district if within that period it is completely enclosed withi a buildingorwithiha continuous solid fence of not less than eight (8) feet in height or other approved screening ~hich screens completely the operations of the junkyard. Approval of the fì nce or screen design shall be obtained from the Planning Commission. I I Subd. 11: Outdoo~ Advertising Structure. No outdoor advertising structure may continue as a on-conforming use ror more than three (3) years afterthe effective date ofthis Ordinance. Subd. 12: Signs. Signs pertaining to or advertising products sold on the premises of a non- onforming building br use may be continued only when the non-conforming use is pernÙted to continuean.dlsuchSigns shall notbeexpandedin number, area, height, or ill ination. ,New signSJlot to exceed the maximum allowed under Ordinance 52.14, Subd. 9~ 11 may e erected only afterlall other signs existing at the time of the adoption of this Ordinance have been removed. 'Ne~ signs in conformity with the above may have illumination not to exce d 240 watts on one ~ace of the sign, but flashing intermittent or moving illumination is not perm·tted. Subd. 13: Buildidgs Under Construction and Building Permits Granted Prior to Adoption · of 0 dinance. Any proposed structure which will, under this Ordinance, become non- onformingbut for 1hiCh a building permit has been lawfully granted prior to the,effective I 24 · · · I I I I . date fthis Ordinance, m~y be completed in accordance with the approved plans; provided cons±ction is started within sixty (60) days of the effective date of this Ordinance, is not aban oned for a period of!more than 120 days, and continues to completion within two (2) years. Such I tructure and use sh~ll thereafter be a legally non-conforming structure and use. 1 j Subd. 14: Non-cobforming Lots of Record. Where a lot of record exists within the City whic is vacant or built uBon, but does not meet the lot requirements ofthe zone at the effective date fthis Ordinance, an~ the proposed or existing use is a permitted or permitted accessory use for that zone, a building p~rmit may be issued to build a new structure or reconstruct a destroyed structlure as outlined in 1 1 (08;.provided that yard setback requirements are met. ! . . .'(j ','V' , ....~,. ;. , , ~>" ,~,J.Æ WL 1 I Subd. 1: Objectiv~s. It is the policy of the City to promote progressive development of land nd construction by ~ncouraging Planned Unit Residential Developments (PURDs) to achie e: a) A maximuÌn choice of living environments by allowing a variety of housing building types and permitting an increased density per acre and a reduction in lot dimensions, yard, building set-backs and area requirements; ! I . b) A more useful pattern of open space and recreation areas and, if permitted as part ofthe proj~ct, more convenience in the location of mixed residential uses. I I I ! 25 · · · I I I ! I · c) Adevelopinentpattern which preserves and utilizes natural features, trees and I other vegetation, and prevents the disruption of natural drainage patterns. I I d) A more efficient useofland and a resulting substantial savings through shorter . . . I, utIlItIes and streets; e) Ade~elopLent p~\t<)ffi in. hannony with lan.dusedensity, transportation facilities, andcommbityfacilities objectives of the comprehensive plan. I ...-.-. -rv ;"*"'att7:~llf/,l'f,~~I¡~~~I::jl!: I I !lhÆ\".II"'I.' 0,d" Þ"""'4')'\II"II"IIII,bI1l111,JiiL,i'"' '11""""II1&"&\M, ,II, I ' @IIIIIMII&\ IIIM.,I,,",@ 1,,1 1",Z!iI¡,II,,@Mr{% < :z~ . _ ,?~~~",'~;~~r~;:~~" , - :~--- ;:;~I I I Iflw_:~-'~~:!,~wc~~:::~~?t 11·"'r'I"",.ljj¡é ,"'{' "1111 ,I :,..1 ""m:::;:! ",'o:~~::~ I I I Subd.2: General Procedure. Planned Unit Residential Developments (PURD) shall be prop, sed and approved in accordance with this section. The burden of justification for any pIa ed unit residential d~velopment project shall be the exclusive responsibility of a developer. The evelopershall be re~ponsible for providing the information and datarequired in this · secti~n. In addition, as th~ planned unit residential development is an innovative approach, the ,deveter shall provide ",/y other data. or inf0nnation as. may be reqillred by theP!Juming Com, ission or the City Council. Itis,the intent of this Ordinance to require 'subdivision of 'prop. rty according to the 81. Joseph Subdivision Ordinance simultaneous with application of the P ! I I I Subd. 3: I Pre-Application Meeting. Before submitting aformal application for a PURD unde 52.13.04, the developer shall meet.with the Planning Commission. The purpose of this meet ngisto discuss early and informally the purpose andeffect of this Ordinance and the critema, and standards contained in this Ordinance andto familiarize the developer with the City's Com rehensive Plan,incl\lding the land use plan, the major thoroughfare plan, and the parks and open space plan, the, subdfvision regulations and the drainage, sewer" and water systems of the City. i I Subd.4: Application. An application for approval of a preliminary plan for a proposed P shall be filed with:the Secret~ry of the Planning Commission by theowner(s) of title of prop rty for which the PQRD is proposed. The Development Reyiew Application shall be acco panied by a filing fee a!; established from timeto.time by City Council resolutions. The application with accompanying statements shall be submitted in the number of copies that are indic ,ted on the DevelopmentReview Application, and shall include: I a) A vicinity111ap ata scale approved by the Planning Commission showing property lines, streets, easements, existing zoning" and such other items as the Planning · Commission may require to show the relationship of the proposed PURD to the I 26 · · · I j ¡ I · comprehensive plan of the City, toexisting schools and other community facilities I and services; and to the surrounding area; I i b) A prelirnirlary plan of the entire area in such detail astoshow the land uses being requested, ¡the densities being proposed where applicable, the system of collector streets and¡ the. off-street parking system; I c) A written statement explaining in detail and with supporting documentation the specifics of the development planas it relates to the type of dwelling units proposed ~d the resultant population, the extent and nature of non-residential developmðnt andthe resulting traffic generated and parking demands created; d) The propoLd schedule forthe development of a site; I I e) A stateme*t setting forth the reasons why, in the opinion of the applicant, the PURDwiH be in the public interest and consistent with the objectives specified for PURD'~ by Section 52.13. · Subd. 5: Action biy Planning Commission. Upon receipt ofa completed Development Revi w Application, the Planning Commission shall hold a public hearing on the proposed P following written ~mdpublishednotice as required for amendments of this ordinance. The [lanning Commissioµ Secretary shall have ten (10) days to detennine the completeness of the pplication. Within thirty (30) days of such hearing, or at a later time agreed to by the appli ant, the PlanningCbmmission shall recommend approval or disapproval of the preliminary prop sal With such chang~sand conditions asit maysuggest and shall transmit its reco mendation to theqty Council. In its recommendations the Commission shall detennine whet ertheproposed PUIIDisconsistept with the objectives for planned unit residential deve opments specified il1 Section 12.01 and with the comprehensive land use plan ofthe City; whet er the proposed development will advance the general welfare of a neighborhood and the I City; and whether the benefits, combination of various land uses, ifproposed, and the inter relationship with thcl land uses in the surrounding area justify the deviation from standard district regulations allowJdby this ordinance for PURD's. I I Subd. 6: Àction bly Council. Upon receipt ofthe recommendation of the Planning Com is sian, the City Coµncil shall consider the application within thirty (30) days after receipt from the Planning Commission and, after holding such public hearings as it deems necessary, shall approve or disapproye the application with such changes or conditions, if any, as it may dee appropriate. It shall include a findings on matters on which the Planning, Commission is requi ed to make detenni~ations under Section 12.05. The applicant shall pay for the cost of the Publ' c Hearing. ¡ · 27 I · · · I I r I I i i , . Subd. 7: Final Review and Approval. An application for review approval of the final devel, pment planshall bejfiled by the applicant with th~ Planning Commission within twelve (12) ïonths of the date on which approval ofthe preliminary plat was given by the City Council. If aptcation for final apph>"alis not mOOe within the time required, the proposal shall be consi eredabandoned. M application for final approval may be filed for part of a PURD area f0;ch prelinrinaryapPFvaJ has been granted by the City Council. A final plan for a par! ofa P shall provide the same proportion of open space and the same over-all dwelling unit densi y as is provided in t~eover-all preliminary plan. Subd. 8:" Documerhation Required. A final application and its supporting documentation shall ivethe same inforrrlation as is required of plats under the subdivision control ordinance of I the C ty in addition to sucfother information as required by this ordinance and by. the Planning Co ission as a conditiof for approval of the preliminary plan. In addition, the application shall e accompanied by s~ch other documentation, such as restrictive covenants, incorporation paper, by-laws of home qwners'association, dedications, and other conditions specifically requied by the Planning 80mmission and the City Council for the particular PURD. I I Subd. 9: Action on Final Application. Procedure for action by the Planning Commission and t e City Council on aD. application for review and approval of the final plan for a PURD shall e the same as prescHbed by this article for the action on the preliminary proposal. In givin approval, the Counbil may specify the length of time within which construction of the proje' t must be begun or ¿ompleted, and it may attach such other conditions as it deems . neces¡sary. The. final development plan shall be in general conformance with the preliminary development plan as appr~)Ved. Subd. 10: Uses Permitted. Compatible residential uses may becombinedin a PURD if thep oposed location of mixed residential useswill not adversely affect adjacent property or the publi health, safety and ~eneral welfare. When a PURD proposes a mixture of single family dwel ings with multiple dyvellings, no more than twenty (20) percent of a tract shall be used as multi Ie dwelling develoBment. Subd. 11: Standatds. a) General. :Bfvery PURD shall conform to the standards prescribed in this section. b) Relationship ofPURD Site to Adiacent Areas. The design of a PURD shall take into accou*t the relationship of the site to the surrounding areas. The perimeter of thePURD'shall be so designed as to minimize undesirable impact of the PURD on adjacent properties and, conversely, to minimize undesirable impact of I adjacent lard use and development characteristics on the PURD. c) . d) Minimum Lot Size. The minimum lot size requirements of other sections of this ordinance do not apply to aPURD except that the minimum lot size requirements 28 . . . I I I ! . of the underlying zone shall serve as a guideline to determine the maximum dwelling u¡}it density of a total development. The maximum dwelling unit density shall be determined by the area. remaining after appropriate space for street right-of-w¿ys and any other public dedications have been determined and !ubtracted ~omtl1e totaU'URD area, The City Council may, however, authorize an increase in the number of multiple dwelling units up to the limits set by this paragraph when the site of the multiple dwellings allows traffic to proceed from the multipl~ dwelling site to an arterial street so as notto create vehicular traffic in a single family or two family dwelling area neighborhood, and when the proposed increase in density meets all the standards under the PURD Section and I Section 52.9.4 ofthisOrdinance. The maximum density for multiple dwellings I under the ~URD shall be one one-bedroom unit for each 2,500 square feet of lot area, one two-bedroom unit for each 3,000 square feet oflot area, and one three-bedr~om unit for each 3,500 square feet oflot area and for each additional bedroom (Qver 3) per an additional 500 square feet oflot f.,."'i7;r w.¡¡,'lj"\!!¡ijl'I':' '~~:' ',',' '~":;i¡ ~"<':'<,<",,::< ,'" « :1 ""'" "I II? ;," ~ ;'i.0+ m- ';;t:};<i~ '$~/r '{ e) Set-Back ~d Side Yard Requirements. Notwithstanding other provisions of this . Article, eV,ery lot in a PURD abutting the perimeter of the PURD shall conform to yard requirements for the underlying district. ,Side yards between buildings in aPURD shall be not less than ten (10) feet but suchbuildings may be built without reference to the property lines of the individual lots on which they are ",,"Ul tl·", ; , ,:1..11' ?:¡,!l~¡;tÇ '.¡ljljllii:¡'jJI~~I",~¡~:& ,11.1\111,':1;;0:;;' ,,11.¡I.!illi~lr'k;:¡; ;_'<:<_-=',~,;;*:,,--- ;v;:~i~ ~:~:"/ ~ x-- h I f) Access to Public Right...of-way. The site of a PURD shall abut, and the major internal street or streets serving the PURÐ shall be connected to, at least one arterial str~et. g) Utility Requirements. Utilities, including telephone and electrical systems, installedw¡ithin a PURD shall be placed underground. Utility appurtenances which can þe effectively screened may be excepted from this requirement if the City finds that such exception will be consistent with the objective ofthis Article and the character oftheproposedPURD. ! h) Open Space. Common open space shall be either held in common ownership by all owners !in the PURD or dedicated for public use. with approval ,of the City Council. \¥henever possible, common open space shall be linked to the open space area~ of adjoining developments. Common open space shall be of such size, shape, character, and locations as to be useable for its proposed purpose. I I . 29 . . . I I I I I r I · i) Parking... Off-street parking 'and loading space shall be provided. in each PURD in the same ratios for types of buildings and uses as required in the underlying zoning district. I Section 52.14: GENERAL REQUIREMENTS I Subd. 1: Intent.., TÞ.e intent of this section of the zoning ordinance is to establìsh general devel pment performanceistandards. The regulations provided herein shall apply equally to all di~trir except where speQiâ1 provisions provide otherwise, · Subd, 2:Parkin~Ld Loading Reguirements ; In â11zoning. districts, off-street parking faCi1r for the stoI1lge ?flmotor vehicles for the use of occnpants, employees ang patrons of the build' gs or structuresherbafter erected, altered or extended after the effective date of this Ordi ance shall be provid~d and maintained as herein prescribed. r I Subd.3: General Parking Provisions. a) Loading space shall notbe construed as supplying off-street parking space. A regular parking space shall have the minimum dimensions of9' by 18'. A handicappkking space shall have the minimum dimensions of20' by 15'. b) When unit~ or l11ea&urel11entsused in deterrl1ining the. mnnber. offequired parking · spaces result in requirement of a fractional space, that fractional space shall be rounded u~ to the next highest whole number. c) Whenever a use requiring off-street parking is increased in floor area, and such I use is located in a building existing on or before the effective date of this Ordinance, I additional parking space for the additional floor area shall be provided and maintained in amounts hereafter specified for that use. I 1 d) For the purPose of this section, "FloorArea," in the case of offices, merchandising or service tyPes of uses, shall mean the groSS floor area used or intended to be used for services to the public as customers, patrons, clients or patients as tenants, including ¥eas occupied for fixtures and equipment used for display or saleof merchandise, less ten (10) percent. e) Off-street J""king facilities for dwelling shall be p,:"vided and located on the same lot at¡ parcel of land as the building they are intended to serve. ±) When off-~treet parking is required, it shall be designated for that purpose and the individual parking stalls appropriately striped. g) Where a u~e is not specifically mentioned, off-street parking requirements shall be the same as for similar use. I I I · h) Nothinginlthis section shall be constructed to prevent ,collective provisions of off-streetp,arking facilities for two (2) or more buildings or uses provided, 30 . . . " , \ I · collectivlly, such facilities shall not be less than the sum of the requirements for the vario~s individual uses computed separately in accordance with the tableì.lI , ;' ~::,::::~: ~:^'~r~;:,:¡~~':':"?":'::," "'\k: :, >':fu::;j~;1'< ' ," -.$""~d~Ä~~¿~::::,~:!';ww,>':y,;~,~_ , i) Nothing in this section shall prevent the extension of, or an addition to a building I or structure into an existing parking area which is required for the original building lor structure when the same amount of space taken by the extension or addition fS provided by an enlargement ofthe existing parking area. ''',~'r¡\~ '~" ¡ Subd.4: Requireä Off-Street Parking. The amount of required off-street parking space · for ~ew uses or building~, additions thereto and additions to existing buildings as specified prev ously, shall be detertnined in accordance with the following table, and the space so required and 'hall be irrevocably teserved for such use, except these requirements shall not apply to uses in e isting buildingswit*nthe Central Business District ofSt. Joseph. The amount of required off-street parking in the Gentral Business District for existing or new uses and improvements to existing buildings which do not increase the area used for commercial. or residential/rental use shall\be determined by th~ Planning Commission with approval by the City. Council prior to the issu nce of a building permit. The amount of parking space required shall be based on the antic'pated demand for pJrkingand loading space, the length of visits generated by the particular I busi ess, and the availability of other parking spaces in the Central Business District. The Cent al Business District ~shall be located within the following boundaries: Properties lying to the Wes of First Avenue Northeast; lying East of Second Avenue Northwest; lying North of Milll1esota Street; and lying South of the east/west alley which is between Minnesota Street and Ash ~treet. The lots withfn the Central Business District are: Lots4, 5, and 11 through 15 of Bloc' 10; Lots 7 through :12 of Block 9, and Lots 7 through 12 of Block 4, all in the Original To site of St. Joseph. a) Single family, two family non-rental residential units. Two (2) spaces per unit. I b) Boarding nouse, rooming house, bed and breakfast, multiple family dwellings and rental residential dwellings. One and one-half (1 2) spaces for each single- bedroom dwelling, two and one-half (2 2) spaces for each two-bedroom dwelling, four (4) spáces for each three-bedroom dwelling, and an additional 1.25 spaces for · each additÛmal bedroom within the dwelling. Any bedroom larger than 140 square feethall be cousidered as two bediooms for the purpose of determining ! 31 I I I ¡ I I . . . I I I · the total nLber of bedroom. wit.lùn ad",elling, fracti&nal numbers sliål1 be rounded rip to the next highest whole number. \ c) Motels, motor hotels, hotels. One (1.) space per each rental unit and one (1) space for.eacheinployeeon any shift. I I d) Church, tlÌeater, auditorium. At least one (1) parking space for eachfour (4) seats based on the design capacity ofthemain assembly hall. e) HosPitals.\i Three (3) spaces per each bed. I t) Medical, dhiropractic,dental or hospital out-patient clinics. One. (1) space for each one hundred ten (110) square feetofnet floor area or seven (7)spaces per doctor, whichever number of parking spaces is greater. g) Long Tel Care Facilities, Assisted Living Centers, RestHomes and Retirement Homes. qne(l) space for each two (2) beds for which accommodations are offered an~ione (1) for each employee on any shift. h) Elderly (senior citizen) housing. One (1) space per unit. i) Drive-in r~staurant and convenience food. Atleast one, (1) parking space for each · thirty-t¡ye¡(f Srsquarefeet of gross floor area, bU(nptless tlum fifteen (15) spaces. I j) Office buildings and professional offices, other than medical, chiropractic, dental or hospitall out-patient clinics. One (1) space for each two hundred fifty (250) square feet of floor area. I I k) Bowling alley. .Atleast five (5) parking spaces for each alley, plus additional spaces as maybe required herein forrelated uses contained within the principal structure. I ! 1) Automotive Service Station. At least four (4) off-street parking spaces plus two (2) off-stre~t parking spaces for each service stall. Those facilities designed for saleofoth~r items than strictly automotive products, parts and/or service shall be required tojprovide additional parking incompliance with other applicable m) sections Of1thiS Ordinance, Retail store and service establishment. AtIeast one (1) off-street parking space for each thieehundred(300)square feet of floor area. ! ' , , n) Retail saleS and. service business with fifty (50) percent of gross floor area devoted to storåge,warehouses and/or industry. One (1) space for each three hundred(300)square feet devoted to public sales and/or service plus one (1) · \ space for each one thousand (1,000) square feet of storage area or one (1) space for each enÍployee on the maximum shift which is appropriate. I I 32 ! I . . . · 0) Restaurants alld cafes. At least one (1) space for each four (4) seats used by patrons, plus one (l)space for each employee on the maximum shift. I , p) Private clúbs serving food andlor.dri.nks, bars, taverns, nightclubs. At least one (1) space for each fifty (50) square feet of gross floor area. q) FuneralhlTIle andi~o~ua!YestabliShments, At least !went)! (20) patlóng spaces for each chapel or parlor, plus one (1) parking space for each funeral vehicle maintained on the premises. I I r) ManufactUring" fabricating or processing ofa product ormaterial, warehouse, storage, handling or bulk goods, post offices. At least eight (8) spaces, plus one (1) space for each two (2) employees on eacl1 shift based on maximum planned employm¿nt or ata minimum one (I) space foreach five hundred (500) square \ feet of floor area. s) Car wash.! (In addition to required stacking space.) 1. Automatic drive through, serviced. Ten (10) spaces per bay for stacking pUfposes plus one (1) space for each employee on the maximum shift. . I \ j 2. Sdf-service. Three (3) spaces per bay for stacking purposes, plus a · mib.imum of two (2)additioIlal spaces. I I i Subd. 5: Parking Lot Standards. In all districts where off-street parking lots are perm . tted or required such off-street parking shall be constructed and maintained subj ect to the folIo ing regulations: , , I a) Adequate ingress and egress shall be provided. Such P~glots shall be constructed and máintainedin auseab!i: conditíon, with b) a hard surf~ce consisting of concrete, bituminous, pavement or paver stone designed to drain and dispose of surface water. Recycled bituminous. or concrete shall be prohibited except as permitted in an industrial area by special use permit . ' orvananc~. I i c) Whenever ~uch parking lot boundary adjoins property zoned for residential use, a \ setback of fifteen (15) feet ftomsaid lot line shall. be required, and maintained. I d) Necessary~urbs or other protection against damages to adjoining properties, streets and sidewalks shall be provided and maintained. e) Plans for t1:ie construction of any suchparking lot must be approved by the · Planning Cbmmission before construction is started. No such land shall be used for parking until approved by the Planning Commission. 33 . . . · · · 34 . . . . These standards sJall not be applicable to parking provided for single family or two famil residences, public parks or other publicly owned property. Parking lot standards for indus¡trial usesmay.be suBject to variance or modification by the conditional use permit for the speciec industrial use. In: considering a request for variance or modification, the City shall cons l~'tler the location oftl1e pr. ope rt,y','s izeo fth e parking area, use, 0, fth, e, P',.ar .,k ing area, ad~acent prop rty uses and the impkct on the general well being of the community. Alternative surfaces whic I may be permitted iri. an industrial area are limited to Class 2 crushed granite which conf9rms to therequirem~nts ofl\1N/DOT specification 3138 with visual evidence of further COnS]lidation. i I i Parking lots existing on or beforeJ anuary 1, 1996, do not have to be brought into coro~lìancewith t~~~e statulards until such time as any ofthe followrog events ocCur, ( a) a new struc~ure is constructed ad the property served by the parking lot; (b) an addition is constructed to any eXisti,ng structureJçcated on the property served hythe parking Jot; (C, ) A change in use of the p operty served by thel parking lot. occurs which results in a remodeling of the structure requi ing the issuance of äbuilding permit. I j I Subd.' 6: Required LoadingBerths. In connection with any structure which is to be erect d or substantially al~ered and which requires the receipt or distribution of materials or mercTh.andise by trucks or similar vehicles, with a gross floor area of five thousand (5,QOO) square feet 0 more, there shall bè off-street loading provided on the basis ofthe following: : . Gross Floor Arda Minimum required square feet I loading berths 5,000 toJ6,00q 1 16,000 t040,QOQ 2 40,000 t070,000 i 3 70,000 to 100,000 4 each additional 40;000 1 additional i , I ,.'".",",","""."'''..'.,"1',,,,',,,',',',',',',',.,',"'"'·''l1li11-11'''"""~.,_.I'""..,.""'"II,.II·"""··líii_II~~I'wll>l,..I{[_,,' """.""."".1111.1.1%'1·"'''.·'''''"1'''1_' lilt I II"""'.'" """"''''''''''''''..' ""&i1"II'''''''"II'"'''' ',',.,'?ì!\1it1G1 .~ ,,',,',.,,', ' ' I ". ,. I I Subd. 7: Sign Regulation. All signs hereafter erected or maintained, except official, publi , traffic and street signsishall conform to the provisions of this subdivision and any other ordin ce or regulation of ¡the City. I I Subd. 8: General Rrovisions. The following regulations shall apply to all signs hereafter perm',tted in all districts: I , I a) Signs shall]not be permitted within the public right-of-way or easements, except as erected qyan official unit of government or public utilities for the direction of traffic or n~cessary.public information. I . b) Flashing o~ rotating signs resembling emergency vehicles shall not be permitted in any district. j I I I 35 I I . . . · I c) No sign sJall be placed that r(1sembles any official marker erected by a governmehtal agency or shalLdisplaysuchwords as "stop" or "danger". d) l\To sign sHall be permitted to obstruct any window, door, fir(1 escape, stairway or open.ingin:tended to provide light, air, ingress or egress for any building or structure. I e) The owne~, lessee or manager of any ground sign and the owner of the land on which the ~ame is located shall keep grass or weeds and other growth cut and debris andirubbish cleaned up andremoved from the lot on which a sign is located. ".\ I f) Advertisin~ signs, business signs and name plate signs which may be ormay hereafter become rotted, unsafe or unsightly shall be repaired or removed by the owner or l?ssee of the property upon which the sign stands upon notice by the Building Inspector. \ I I g) Where asi~w is illmninated, the source oflight shall not shine upon any part of a residence or into a RESIDENCE DISTRICT or any roadway. h) Noadverti!;ingof business sign shall be permitted in any RESIDENTIAL DISTRIC'I[, except signs advertising a permitted home occupation limited to an · overall are~ of six· (6) square feet. I i) No sign sh~llbe of such a nature or placed in such a position that it will cause danger to traffic on a street. I j) No sign sh~lllproject more than two (2) feet over a public sidewalk. ! k) No signssnall violate the front, side or rear yard requirements of the district in I which it is placed. I Subd.9: SpeciaLahd Temporary Signs a) One (1 ) identification sign not exceeding thirty-five (35) square feet in area for the following uses: church, school, hospital, parks and recreatic)ll areas. or similar uses. ..Suchl signs shall be solely for the name and of the use and its activities and may be illuminated but not flashing. \ I b) Temporarylsigns advertising a new subdivision development limited to the following: leo maximum size shall be thirty-two (32) square feetinsurfacearea, (2) maxim4m height of fifteen (15) feet above ground level. I I c) Real estate :signs,includingsigns advertising the sale or Tental of premises, are · permitted p;rovidedthe area on one side of any such signs shall not exceed six (6) square feet.i i \ , I 36 I . . . · d) Temporary signs of contractors, architects, mechanics, special events and artisans arepermittèd, providegthatsuch 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. Subd. 10: portablb Signs. a) Definition.APortable sign is one that is movable from one location to another and is not nermanently affixed to the ground, sales display device, or structure. All relevant regulations in Subd. 12 of this section shall apply. I b) Permit Reqµired. A business seeking to use or displåy a portable sign shall obtain a permit from the City for the period of display. Permits will specify the length of time the sÎ!~n will be displayed, location of the sign, and business applying to use the sign. I j c) Length ofNse. The duration of time a portable sign can be located on a property is limited t9 a maximum of sixty (60) days in anyone calendar year. d) Size. A poftable sign shall not <exceed 50 square feet which accounts for all letters, numbers and attachments; excluding material required to, support the sign. i I · Subd. 11: Adverti~ing Signs and Billboards. For purposesofthis section, an advertising sign r billboard shall be ~ sign which directs attention to a business, profession, commodity, , servigeor entertainment which is sold or offered on a premises other than that onwhich the sign is lac ted.. No advertising I signs or billboards are permitted within the City of St.. Joseph, other than t ose specifically allqwed by this Ordinance and meeting the requirements of the following parag aphs: 1 a) Advertising signs or billqoards may be constructed and maintained, pursuant to a Sp~cial Use Permit, only on property zoned for use as Industrial (I) and/or I Agricultur~l (A). No advertising signs or billboards shall be constructed or maintained(on property subjectto any other zoning classification than that specificall~ allowed herein. ! b) Advertising signs or billboards shall not be permitted within a public right.;of~way or easement. 1 I I c) Illumination of advertising signs or billboards is permitted ifthe illumination is directed to~ard the surface of the sign and limited to the sign surface. Illuminated signs may not give off an intermittent, rotating, concentrated or directionalbeam, I or flashing 1ight of any kind. d) An advertising sign and billboard shall not be constructed or maintained which resembles ány official marker erected by a governmental agency, or displays · words suchlas"stop," "yield," or,"danger." I 37 i i i . . . I I I · e) An advertiJiIJ.g sign and billboard shall not be .constru.cted or maintained in a manner so lis to obstru.ct any window, door, firees.cape,.stairway or opening intended to) provide light, air, ingress or egress for any building or stru.cture. ! f) Advertising signs and billboards whi.ch be.come rotted, unsafe or unsightly shall be repairedlor removed by the lieensee, owner or owners of the property on whi.ch the sign stapds upon notiee from the City Building Inspe.ctor. The owner, lieensee or owner of the land()n whieh the sign is loeated shall keep grass, weeds and other growth.cut, and shalldeanupand removeall debris or rubbishfromthelot on whiehtß.esignis lo.cated. If the owner, lieensee or owner of the. property fails to a.ct in a.c60rdanee with this paragraph, the City may remove the sign in question upon the dire.ction of the City Couneil, and all .costs in.curred for removal may be .charged to the owner of the sign and ifunpaid,eertified to the County Auditor as g) a lienagatt the property on which the sign w~ located, Advertising signs and billboards, shall be .constru.cted or maintained which obstru.cts tr~ffi.c visibility. h) Advertising signs and billboards shall not be loeated on the roof ofa building or painted dire.ctly on the side of the building, unless it is dearly demonstrated to the Planning Cpmmissionthat thelo.cation of the sign does notthreatenthestru.ctural integrity of the building in question, .cause a safety hazard to any persons or · propertyinlthevieinityofthe building in question, and is aesthetieally .consistent with an non-offensive to the properties in the immediate area of the building in . ,. I questIOn.. I i) All billboards or advertising signs shall maintain a minimumsetba.ckof at least 20 feet fromatty point on the sign from all property lines ofthe property on whieh the sign isçonstru.cted or maintained. I j) Advertisingsignsorbillboards shall not be .constru.cted, maintained or loeatedany doserthanj1,OOO feet from any other advertising sign or billboard. An advertising! sign orbillboard stru.cture which is .constructed to as to allow the display of ~dvertisingon both the front and ba.ck side ofthestru.cture shall .constitute a single signfor purposes ofthe 1000 feet limitation. No advertising sign or billboard shall proje.ct higher than 36 feet above the average grade of the property art whieh the sign is lo.cated. An advertising sign or billboard stru.cture shall nùt.cdntain more than two individual signs per faeing. No individual sign I shall exeeeÇl25 feet in total length, 12 feet in height, and 300 square feet in sign surfaeeareA.No advertising sign may be ere.cted within 200 feet of an adjoining residential #istrict. Where the advertising sign location is a.cross the street or roadway ff(?m a residential distri.ct, .complianeewith the set-ba.ck requirements of the zone in¡whieh the sign is situated shall be .considered adequate. ! i I · Subd. 12: Business Signs. Business or industrial signs may be ere.cted, atta.ched or paint d on to a stru.cture, a:nd maintained in conjun.ction with a .commereial or industrial use prov! ,ed: 38 · · · · a) That the arya on one side of all such signs erected on one street frontage of any one premis~s, shall not exceed fifty (50) square feet. ] i b) Such sign except a directional sign, is erected only on the. premises on which the use, to whibh the sign relates, is conducted. c) Notwith.Jdingthe above, where two Of more sepatateand individual commercial or industrial operations are conducting business in separate areas of a single buil4ing 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 atoundthe structure, then and in those circumstances, each individual business operation may be permitted to display anilldividual business sign as provided.i~ subdivisions a) and b) ofthis Section, except that said sign must be directlyattåched to that particular premises actually occupieq by the business operation tÓ which the sign relates. In addition to these individual business signs, the combin~tion of business operations o~cupying the structure, may maintain a 50. square foot sign detached from the structure identifying the structure, the individual 1Jusinessoperations located therein, or other reference to the combinatioh of business operations located within the structure. For purposes of this subdivision, ,a combination of two or more business operations within a single structure inbludes, but is not limited to, shopping centers, shopping malls, and · subdivided ]retail, office or industrial buildings offered for lease or condominium . I ownershIp.¡ I Subd.13: Sign Removal All signs not main~ained and kept in good repair shall be subject to removal upon difecrn of the City Building· Iuspectof, . Subd, 14: ÁcceJ,.. Buildings, In al1l'O'idential districts detached accessory buildings shall beJocated.in th~ rear yard. When located within ten (10) feet of the rear wall of the principal building they sh~ll comply with all yardrequirementsa!,plicable to the principal buildi, gin the district. Wþere accessory buildings are to be located more than ten (10) feet from a rear wall 0 fthe principal] building they shall not be located closer than five (5) feet from an adjoi ing side or rearlot line. All accessory buildings shall setback a minimum of fifty (50) feet from ant street right-of-way lines. Accessory buildings arefurtherJimited not to exceed over one (l story of sixteen (1~) feet in height. I I a) All garages] shall, ifthe vehicle entrance backs upon a public alley, be setback at least five (5) feet from the public alley right-of-way. ! b) In no case ~hall the door of any structure,. building, fence or improvement be erected or qonstructed so as to extend beyond any lot line. i · c) In business I and manufacturing districts, accessory buildings and uses may occupy anyofthe ground area which the principal building is permitted to occupy. I I 39 ! i I · · · I I · Accessory buildings such as buildings for parking attendants, guard shelters, gate I houses anditransformerbuildings, may be located in the front or side yard in the Industrial District. ~.rll"'.llr(¡);lqm'W k -',,:::::; :; :~ :-- -- - li(¡;;~i ¿; :~:~~/ ,'; ,,;: -:: Co tr:~UI~~~c~ ~~,} ~<, (I +1 II' "'1"'.1*"11 ~' , "n ':""~' :; }"" , ":':"'~::::':~ ~~" :: : ""," 0V~ )l)\\~;é,' ';~)\~%:,~ ~~;~~;;~~~::~~:~~~{ì{;:{:;,,:' " I .""I'..~"MllY'" .'. ";l*¡ill:II¡~Wir,:*j¡Ut ,.'.,.~!. ':.MYéJlf: .' I ¡ WJ'1,¡I'I'I''''Ù MHiiilllÎlillllllNM" (11""";;")"+1I,M;. "æWMIII'.'!i'I"iI'!ll'I'I'¡'¡¡" ¡M ÚAdItIlliItIIWill'i!l'Ú,®.Z(ItJi\lI'"I"'II'''I;;",Æ11'':iI\M&Vdl¡¡''';¡¡_'· ""+"""""""""""",,,1.1 1~::~:~::~ï.llll"III':;;:"~-"-'}~:::~7::~;:«?;;-~:'~L:v.<-.-,.-,.y'.-.-'dé.-' I Subd. 15:' GenerallFencing, Screening, Landscaping and Storage. I I · a) All materiaJs and equipment, except as provided in the district provisions ofthis Ordinance shall be stored within a building or structure or screened so as not to be visible from adjoining properties, except the following: 1. Usable laundry equipment (clothes lines). 2. Rec~eational equipment and recreational vehicles. I 3. Co~s~ruction and landscaping material currently being used on the preçiuses. I b) All fences, ,walls, hedges or similar structures shall conform to Ordinance 57 of this Code. c) In all commercial and industrial districts, adj acent to residential, districts and not divided by ~treets 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 utiÙzed when approved by the Planning Commission. Such fence shall not exceed bight (8) feet in height nor be less than six (6) feet in height. d) In all zoning districts the lot area remaining after providing for parking, driveways, loading, sidewalks or other requirements shall be planted and maintained in grass, sodding, shrubs or other acceptable vegetation or landscaping · techniques. 40 · · · I I I I . Subd. 16: Buildinf and Lot Restrictions. I a) No building ~hall be erected, converted, enlarged, reconstructed or structurally altered, no~ shall any building orland be used except for a purpose permitted in the district in which the building or land is located. I b) NObuildin1 shall be erected, converted, enlarged, reconstructed or structurally altered to. e~ceed the height limit herein established for the district in which the building is ~ocated. ¡ c) No building shallbe erected, converted, enlarged, reconstructed or structurally altered exc~pt inconformity with the area regulations of the district in which the building is located. j d) The minimhm 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 Ordinahce or for any building hereafter erected shall not be encroached upon I or consider~d as yard or open space requirements for any other building. e) Every bui1qing hereafter erected or structurally altered shall be located on a lot as herein defi*ed and in no case shall there be more than one (1) principal building on one lottinless provided in this Ordinance. . f) On a thron1i1street,a lotftonting On two parallefstreêts, or a comer lot, both streetlineslshallbe front lot lines· for applying yard, setback and parking requiremen'ts, except thatJor the purpose of determining the location of the rear yard, the following rules apply: 1. Faria comer lot,the rear yard shall be that portion of the yard opposite the Y1 ftontage as defined bySection 52,4,42; 2. For a through lot, the rear yard shall be that portion ofa lot opposite the stre~t from which the principal structure derives its address. Any use generally permitted within the 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 setDack requirements, assuming that the front yard setback applies to all strebts abutting the property. g) Mobile holes as defined in this Ordinance shall be limited to locations in mobile I home park~ provided in the district provisions. h) Any dwelling constructed in an area zoned R-l, on a lot ofa plat approved by the Citylon or after July 15, 1991, shall include an attached or detached private gad,ge of at least 20 feet in width and 22 feet in depth. For . I purposes of this ordinance, width shall be measured on the side of the garage havrganOVerhe¡¡dgaragedOOr for motor vehicle. access, i 41 I i ! ! I j · · · I I I . 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. I Subd. 17: Height bd Yard Exceptions. a) ChimneYS,!cOOling towers, elevator bulk heads, fire towers, drive-in movie theater screens, gr{lin 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 useofthe district in which theyi are located, shall not be included in calculating the height of the principal structure. Wind energy towers and solar collectors will be allowed by I . the variance procedure provided under this Ordinance. b) Outside stJirwayS, fire escapes, fire towers, porches, platforms, decks, balconies, I boilerflue~ and other similar projections shall be considered as part of the building and not all<;>wed as part of the required space for yards, courts or unoccupied space, provided, however, that this provision shall not apply to one (1) fireplace or one (1) chimney, not more than eight (8) feet inlength and projecting not more than thirty (30) inches: into the allowable side yardspace nor cornices not exceeding sixteen (16) inches in width nor to platforms, terraces or steps below the first floor level, nor to unenclo~ed porches or other ground level unenclosed projections not over one (1) story in height which may extend into a ftont arrear yard not more than five (5) feet, or into a side yard not more than four (4) feet, but such platform shall be restricted ftom the five (5) foot,required side yard in the residence district. Subd. 18: Generali Performance Standards. . 42 . . . · ..,~", , ., ,. ~,~ ~ m . d~~"~' · ...,',. 'tt\! "'M ~A¿ 011.11'1"""" ."'..'....""._'...."""""'w'W....'_t.·.. :Ð,f %'!:f....R~\'¡,......,:..:..M....;IM~1~ ,';';f '., ilz811hU à~W"~%'''w ;il~i ~,,;';i"-' · I j I · · · · I~"". ~~~~~;;i:~"':' ;"-\"--'W-- ':~::~ ÞS(·' , ~ · · 44 · I · · I i I ! I I · a) All sewag~ and water facilities shall be connected to the Municipal sewer and water I facilities "i~~~ available. Where sewers are not const~cted or in o~eration all i sewage fac,1l1tIes shall be connected to approved septIc tanks and dIsposal fields. " This provision shall not apply to temporary construction sites, or portable units. i b) Any lighting used to illuminate an off-street parking area, sign or other structure, shall be artanged as to deflect light away from any adj oining residential zone or ITom the Pìb1iC streets, Direct or sky-reflected glare, where from floodlights or from high emperature processes.such as combustion to welding shall not be directed in, 0 any adjoining property. The source oflights shall be hooded or controlled in some manner so as not to light adjacent property. Bareincandescent light bulbsishall not be pennitted in view of adjacent property or public right-of-way. Any light or combination oflights which case light on a public street shall(not exceed one (1) foot candle (meter reading) as measured from the center line bf said street. Any light or combination of lights which cast light on residential property shall not exceed 0.4 foot candles (meter reading) as measured from said property. I I ""'''''''''1:'''' II" ~.¡1'~lf.¡~iÄ%1>ìl'[;'~.:,;; · · 45 . . . I · c) The emissJn ofsmoke by any use shall be in compliance with and regulated by the State o~Minnesota Pollution Control Standards, Minnesota Regulation APC 1 15 and as subsequently expanded, modified or amended. I ! d) The emissi9n of dust, fly ash or other particulated matter by any use shall be in compliance: '''lith and regulated by the State of Minnesota Pollution Conkel Standards, State of Minnesota Regulation .APC 1 15 and as subsequently expanded, ~odified or amended. e) The emissi~n of odorous matter in such quantity as to be offensive shall not be permitted.' ~he emission of odor by any use shall be in compliance ...vith and regulated by the State of Minnesota Pollution Control Standards, Minnesota R.0gulation:APC 1 15 and as subsequently expanded, modified or amended. f) All noise shall be muffled so as not to be objectionable due to intermittence, beat frequehcy or shrillness and as measured at any property line, shall not exceed the tninimum standards established by the State of Minnesota, Regulation~ NPC 1, :2 I aad-4. i I _"._.l'iI_'II"""""'"II".II@I.I."¡¡¡~"IIII'rll · · 46 I · · · 47 · · · · · · 48 . . . · · · 49 · · · · %.i~II(_li__.w "M ,,< $' ,~"\~, L~&<~, ~ @)j ~ ,~ ')ffiilllliK,%,~", x ,''*''* «< __&k~.. '<' ^ · · 50 · · · · .'.1Ii....__. _ill., · ;~~,I,,;L?0¥~ "ill \ ;' ,i~,' ;) Y ",i~:J ',: . :,t~~l~:; ':~,:~~. · _..æ""""'~' . . ',. ". ;' 'I 'I~' i å ø" .~, Iii ,,' @. .. . .,VÞ=W&.ðR~th·,~,w~*"",,,,, *,.Jit@~~>Ûhh .' 'mi '~,.¡,¡>,,:.¡:.,~ 51 · · · . -." k" .:0. . W· . I _li.~" ~L,==",«w""",.æ ",,* ,«l>"". !§",.,;;j¡ I . 52 · · · · · · I I . . (. · · · 54 · · · . . . 55 . . . I I i . I Subd. 19: PerforWance and Nuisance Standards. This section provides for perfo ance and nuisance I standards applicable to INDUSTRIAL districts. and not provided elsew ere.in this Ordinance. ! :Every appl~cant for a permit to develop or expand any industrial property in the City shall be required to submit a complete and accurate statement concerning the specifi9 nature of the use to which the property is, to be put and shall certify that the proposed use shall comply with all regulations, ordinances, or special provisionsrhiCh may apply. b) The Plannihg Commission shall have the right to require any additional information, corrections, or control, deemed necessary forthe protectionofthe I public. Th~ Planning Commission shall have the right to hire expert consultantsl, atthe permittees' expense, to assist in the establishment of special restriCtiOnSlfOr any Industrial Use. c) Every applicant shall be required to submitfor approval of the Planning C0111missidnalandscape plan providing for the planting of trees and other . I . vegetatIon. i 1 . d) Any use cr~ating periodic earthshaking vibration shall be prohibited ifundue vibrations ~reperceptible beyond boundaries of the property on which the use is located. T~is standard shall not apply to vibrations created during the process of construction. ! i e) Any use re~uiring the storage, utilization ormanufacture of products which could decompos~ 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 gasifor normal residential or business use providing other performance standards a,re met. I ! f) All activities that emitradioactivity shall comply with the minimum requirements f of the Fede,ral regulatory body. g) All uses as~ociated with bulk storage of oil, gasoline, liquid fertilizer, chemicals, similar liquids and hazardous substances shall comply with the requirements of the Minnespta State Fire Marshall, the Minnesota Department of Agriculture and other hazm:dous substance legislation by the Federal government. The user of such material shall have documents from the above offices thatthe use is in complianc~. All existing above ground liquid storage tanks with a capacity of 2,QOO gallÖns or more, shall comply with the requirements of the Minnesota State Fire Marshall's office within 12 months following enactment ofthis Ordinance. I . Subd.20: Regulation of Adult Entertainment Establishments. I 56 I i · · · . a) Purpose and Intent. The purpose and intent of the adult entertainment regulations set forth in this ordinance is to serve a substantial government interest by attempting to preserve the quality and vitality of neighborhoods, curtail the depression þf property values, restrain increased criminal activity and slow the spread of sexually transmitted diseases. Adult Ente~ainment Establishments, as defined by this Ordinance, because of their very ~ature, are recognized as having serious objectionable operational characteristics that have a deleterious effect upon the use and enjoyment of adjacent areas. These secondary effects are especially evident where such uses I are, concentrated. I One of the bbjectives of this Ordinance is to disperse the adult uses through separation requirements from another adult use and from other significantly incompatib~e uses. The ordinance allows adult entertainment establishments only inIndustryiDistricts. In this community, those areas provide opportunity for sites with goodyisibility and access to major streets and highways. I I The secondary effects associated with adult entertainment establishments, include I an increasep level of criminal activity, increased risk of exposure to sexually transmittedj diseases, depression of property values and a significant change in the character of surrounding neighborhoods. I . However, if is recognized that such regulations cannot de facto approach prohiþitioni.Otherwise, a protected fonn of expression would vanish. The adult entertainment regulations set forth herein represent a balancing of competing interests, r~ductionofobjectionable secondary effects through the regulation of adult entertainment establishments versus the protected rights of the owners, operators,l~erfonners and patrons of those establishments. j b) Definition~." For purposes of this section, the following definitions shall apply: 1. "Adult Arcade": An establishment where, for any fonn of consideration, one¡ or more motion picture projectors, video players, slide projectors, or simì1ar machines for viewing by five or fewer persons each are used to ¡ show films, motion pictures, .video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon the depiction or desþription of specified sexual activities, prohibited nudity()r child pOrnography. 2. "Adult Bookstore": An establishment that has more than twenty.percent (201X»ofitsstock-in-trade and offers for sale, anyone or more ofthe following: 1) books, magazines, periodicals, or other printed matter, or phdtographs, films, motion pictures, video cassettes, slides,. or other visual . representations that are characterized by ani emphasis upon the depiction or qescription of specified sexual activities, prohibited nudity or child I ! 57 I i · · · · pOl1;lOgraphy; or 2) instruments, devices, or paraphernalia that are des~gnedfor use in connection with specified sexual activities. I I 3. "Adult Cabaret": A nightclub, bar, restaurant, or similar establishment thatiregularly features live performances that ,are characterized by the expbsure of prohibited nudity or by specified sexual activities,. or films, motion pictures, video cassettes, slides, or other photographic repfoductions in which a substantial portion of the total presentation time iSd¢voted to the showing of material that is characterized by an emphasis , upor the depiction or description of specified sexual activities, prohibited nud~ty or child pornography. ¡ I 4. "Adult Motion Picture Theater": An establishment where, for any form of consideration, films, motion pictures,.video cassettes, slides, or similar pho~ographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material chatacteri.zed by an emphasis on the depiction or description of specified sextal activities, prohibited nudity or child pornography. 5. "Adult Theater": A theater, concert hall, auditorium, or similar est"blishment characterized by activities featurillg,the·exposure.of prohibited nudity, specified sexual activities or child pornography. I I 6. "CJild Pornography": Literature, books, magazines or other printed · maiter, or photographs, films, motion pictures, video cassettes or other visrtalrepresentations depicting or displaying a person under the age of 18 andjthedisplay or depicting is obscene as that term is defined by Minn. Sta~. '617.241 Subd. l(a) or constitutes Prohibited Nudity as herein defined. 7. "Se~ual Encounter Establishment": An establishment other than a hotel, motel, or similar establishment offering public accommodations, which, for ~ny form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with specified sexual actiyities or the exposure of prohibited nudity. ,This definition does not include an establishment where a medical practitioner, psychologist, I psyphiatrist, or similar professional person licensed by the state engages in medical care or sexual therapy; or any accredited educational institution wh~reprohibited nudity occurs in the context of modeling for an art class. I I I 8. "Prbhibited Nudity": Prohibited Nudity means and includes any ofthe following: 1) less than completely and opaquely covered human genitals, pubic regions, pubic hair, vulva, cleft of the buttocks, anus, or female breasts below a point immediately above the top of the areolae; or 2) hurµan male genitals in a discernibly turgid state, even if completely and · op~quely covered. 58 I I ! · · · I · 9. "S~ecified Sexual Activities": Includes any ofthe following: 1) the fontlling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; 2) sex acts, actual or simulated, including sexual intercourse, oral copulation, flagellation, bestiality, I sodomy or any sexual act which is prohibited by law. 3) masturbation, actual or simulated; or 4) excretory functions as part of or in connection I with any of the activities set forth in subdivisions 1 through 3 of this I sub'section. c) Adult Entekainment Establishment Zone. Adult Entertainment Establishments shall be permitted only in areas zoned as Industry Districts. Adult Entertainment I Establishments shall not be permitted in any other zoning district. Adult Entertai~ent Establishments shall have a minimum separation of 500 lineal feet from any other adult entertainment establishment, and at least 1,000 lineal feet from any h~tel, motel, nursing care home, home for the elderly, day care facility, church, sc1001, ef residentially zoned property .m~I.a¡f.. 1- '~, '~ :"~:,," . "J!L~I~~~i "~' ~':< I ,"~"'>v'":- "~ " . ':;;',,' 'll I .", ,d 'mIl ffl!iillL'1!. '''I".", · · 59 · · · I I í i · Subd. 21: Regulatibn of Activities Adjacent to Wetlands. i a) The following aCtivity shall be subject to a 50 foot setbackfrom wetlands: The constructioh or maintenance of a building attached to a foundation, including but not limited ita, 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 toa 75 foot setback from wetlands: The construction or maintenance of paved driveways or areas designed for the parking of a vehiclé or trailer. c) TheJollowlng activities shall be subject to a 100foot setback from wetlands: I 1. Thd construction or maintenance of a well used for agricultu.ral irrigation, I or apy well less than 50 feet in depth. , 2. External storage of materials used in conjunction with industrial or con).mercial processing or manufacturing. I I 3. Th~ storage of waste or refuse generated by industrial or commercial activities. · 4. Th~ construction or maintenance of a septic system. Section 52.15: ZONING DISTRICT BOUNDARIES AND GENERAL DISTRICT PROVISIONS. I Subd. '1: EstablisfuneritofDistricts. The following district classifications are hereby estab ishedwithinthe boupdaries of the City ofS1. Joseph. A Agricultural District Rl Single FanÍily Residence District R2 Two .Familr ~esidenc~~istrict R3 MultIple. ResIdence DIstnct RM Mobile Hotne District I B 1 General Central Business District B2 Highway #7 5 Business District B3 General Bµsiness District L Light Industrial District E Educational - Ecclesiastical District I P Public Zone I , · Subd.·2: Map. Th'e boundaries ofthe use districts are delineated on the Official Zoning Map, whichis.hereby adopted by reference and declared to be a part of this Ordinance. Such map hall be on permane~t file and available for public inspection in the City Hall. It shall be 60 . . . i I I I I · the re ponsibility ofthe C~ty Clerk to maintain and keep the map up to date and to record each amen lent thereto within! thirty (30) days after official publication of the Ordinance adopting the amendment. The offic,ial map shall be signed by the Mayor andthe City Clerk with the City Seal nd certified that it islthe official map ofthe City. Subd. .3: Zoning District Boundaries. The boundaries of districts are the center line of street; the center lines of~lleys, the rear lot lines where there are not alleys; the side lines of recor ed lots, designated distances where land is unplatted, section lines or property lines. I Subd. 4: Annexed I Land. Any land hereafter annexed to the City shall be considered to be in fhe agricultural distr~ct until otherwisec1assified or unless either of the following circumstances apply: I i a) In the event the annexed land has been rezoned by the Joint Powers Board ofthe Towhship of St. Joseph and the City of St. Joseph and such action has been aBproved by the City Council of St. Joseph, such land shall be considered ¡to be inthe district for which it was rezoned by the Joint Powers Board. b) When apprþving the annexation of property which has not been rezoned by the Joint Powers Board, the City Council by resolution, may direct that the property be classifie~ for zoning purposes asa district allowing a permitted use consistent · with the manner in which the property was being used at the time of the petition for annexaÍion or as intended for the proposed use. I Subd. 5: Vacated Streets or Alleys. Whenever any street, alley, or other public way is vacat dbyofficial action of the City Council ofSt. Joseph, the zoningdistrid adjoining each side If the street, alley or public way shall be automatically extended to the center of such vacat on, and all area inclvded in the vacation shall then and henceforth be subject to all the appro riatetegulatio!l$ Oflthe extended districts, .' Subd. ,6: Uses Not Provided for Within Zoning Districts. Whenever in any zoning district a use is neither specifically permitted nor denied and the use is neither specifically permitted in any of her district, the use ~hall be considered prohibited. In such case the City Council, the Planning Commission, ora property owner may request a study by the City to determine if the use tcceptableand if sof what zoniug district would be most appropriate and the detennination as to onditions and standards relating to development ofthe use. The City Council and Pla:;;tg COmmiSSion upÓn receipt of thestµdy may, if appropriate, iuitiate an amendment to the zoni ordinance·to provi~e for the particular use under consideration or may find that the use is not c I mpatible for development within the City of St. Joseph. I I Section 52.16: AGRICULTURAL DISTRICT. Subd. ,1: Intent. To establish and preserve areas within the City for the continuation of viabl agricultural operatÜms;andto provide for very low density residential development for · those persons desiring a rfuallife-style. To preserve areas which due to natural features and I 61 i ì I I · · , · I . limite road sand prOXimi~Y to available services are best suited to limited development as dete ined by the policiesjofthe City Council. I Subd. 2: PermittedlUses. a) General faqning as defined by this Ordinance. I i b) Single family residences as defined, provided they meet the requirements of this section. I c) CommerciJl outdoor recreational area, including golf courses, club houses and I swimming pools. d) l{oadside siandsfor sale of excess garden produce provided they meet requirements of this Ordinance. I e) Pub~cRar1s, recreational areas, envitp11merttal stlldYatèas and game refuges, 1) Nurseries ahd tree. farms. g) Home occupations. . Subd. 3: Uses Under Special Use Permit. The following uses require a Special Use Perm t as regulated in this Ordinance. a) Mining, an~ extraction of minerals and dirt. I b) Governrnental and public utility buildings and structures. c) Facilities f9r retail or wholesale trade connectedwithnurseryand tree farms. i d) Kennels, Tma\hPsPitals, stables, elc" provided iliey arß a<Iß'J'lllt<>ly soparatód HBes. that: I I 1. Such uses are adequately screened from abutting residential uses; 2. Any structure, not including pens or corrals, in which animals are te"1-porarily or permanently kept is located at least 100 feet from any lot line; and I 3. Anfmals shall be kept in enclosed pens or corrals of sufficient height and strength to retain such animals. , e) Institutions of a religious eleemosynary or philanthropic nature. .. f) Churches,Jeligious or charitable purposes. 62 . . . i I ! ¡ i · g) Public aJd Private schools, provided that the area andJocation of any school and off-stree~parking,shall be subject to the review andapprové:l.l of the Planning Commis~ion. I h) Planned Unit Residential Development. I I I i) Advertising signs and billboards subject to the restrictions contained in Subdivi~ion 9 ofthis Section. as aUowabl@ under Section 52.1 t Subd. 11 ofthis Ordinande. Subd. 4: permitJedAcCeSSOry \VidthUses. I a) OperatÎ<~nand storage of vehicles, machinery and equipment which is incidental topern1i~ted or special uses allowed in this district. b) Living q~arters for person employed on the premises. e) Home 0reupations as dcfiDed by thßOrdinan~c, Subd. 5: Lot Area Requirements. a) Minimuþ area W 5 acres,- 435,600 square feet. I · i b) Minimu11110t width300 feet at the building setback line,exceptthat if a lot or tract ha~ less area or width than herein provided and was legally platted and was ofrecorr at the time ofthepassageofthis Qrdinance, thatJot l1la.ybe usedfor any of theu~s permitted by this section. I I Subd. 6: Setback Requirements. f I a) Front yard setbacks of not less than 30 feet from all other public right-of-ways, unless: i) 30 percentor more ofthefrontage on the same side ofthe street betweeJ two intersecting streets is improved with buildings that have obsef\led greater brless depth affront yard in which instance no buildings shall project beyondlastraight line drawn between the point closest to thestreetofthe residenÿe upon either side oftheproposed structure,or, ii) If there be residences upon only one side, then be on the straight line projected from the front of the 1\vo nearest!residences. iii)This regulation shall not be interpreted to require a front. yard oflmore than 100 feet. I f b) Side yard sç:tback shallh~15 feet. Wherevera10t of record existing atthe, time of the passage of this Ordinance has a width of75 feetor less, the side yard on each side ofla building may be ,reduced to a width ofthe lot, but in no instance shall it I be less ,than 5 feet. · c) Rear ykd setbacks shall be not less than 40 feet in width from each building. ! i 63 . . . · Subd. 7: Height Requirements. 1 a) No building hereafter erected or altered shall exceed 2 2 stories or shall it exceed 35 feet ip. height, except as hereinafter provided. b) Public or semi-public or public service buildings, hospitals, institutions or schools may be ¢rected to a height not exceeding 60 feet, and churches may be erected to a heightnot exceeding 75 feetifthe building is setback from each yard requirement at least one foot for each foot of additional building height above the height libit otherwise provided int the district in which the building is located. I I Subd. 8. Site (l;overa2e. No structure or combination of structures shall occupy m re than 30% of the lot area. I I Subd.9._ Si2usj General Provisions. Thefollowing regulations shall apply to all signs in the A ricultural District: ! a) Signs shall not be permitted within the public right-of-way or easements, except ~s erected by an. officialunit of government or public utilities for the directiØn of traffic or necessary public information. · b) FlashiJgor rotatillgsigns resembling emergencyvehi.cles shall not be . I d permltte . c) No ;igJshan he pl.ced that reseptb!es any ~mciallUarker ereeted by a governwental agency or shall display such words as "stop" or "danger". d) No sigrt shallbeperl11itted to obstruct any window, door, fire escape, stairw~y or()pening intended to provide light, air, ingress or egress for any buildÍl~g or structure. e) I , . ,. . ,. ,.. . ". Theiowner,lessee or manager of any ground sign and the owner of the land I onwhifh the same is located shall keep grass or weeds and other growth cut and deþris and rubbish cleaned up and removed from the lot on which a sign is located. I 1) Advertising signs, business signs a.ndname plate signs which. may be or may herearterbecome. rotted, unsafe or unsightly shall be repaired or removed by the owher or lessee of th~propel\tyupon",hich the sign stands upon notice I by the ,Building Inspector. , ! g) Wher~asignis illuminated, the source of light shall not shine upon any pa..t ofaresidence orintoaRESIDENCKDISTRICT or any roadway. · I i 64 . . . I . h) No.sign 'shall be of such a nature or placed in such a position that it will cause I danger to traffic on'a street. ! , j) No sign~ shall violate the front, side or rear yard requirements. Sþecial and TeLporary Siens I I a) One (l)lidentificationsign not exceeding thirty-five (35) square feet in area for the (01l0wing11ses:church, school, or similar uses., Such signs shall be solelyfQrthe nameand,ofthe use and its activities and may be illuminated I but not flashing. b) Temp~l~~ sÎ¡ins..advertisin¡¡ a newsnbdlvislon development lintlted to tbe followirlg: ,(1) maximum size shall be thirty-two (32) square feet in surface area, (2) maximum height of fifteen (15) feet above ground level. I i I I c) Real estate signs, including signs advertising the sale or rental of premises, are per~itted provided the area. on one side. of any such signs shall not exceed six (6) square feet. I d) Tempo~arysignsof contractors, architects, mechanics, special events and artisan~,a~epermitted, provided that such signs shall be removed promptly . uponc.o~pletion.qftheworkand further providedthat such signs shall not exceed ~hirtY-tw0(32)squarefeet in area. j Portable Sien~. a) I , .", ...,.' " , " ,',.. Definition. A portable si~n is one that is movable from one location to another andjsnot permanently affixed to the ground, sales display device, qr structure. I b) J?ermitiReq1i.ired. 'A.businessseeking to use or display apor!able sign shall' obtain a permit from the City for the period of display. Permits will specif~ the length of time the sign will be displayed, location of the sign, and business applyiJlgto use the sign. c) ~engtJ 0flJs~;Tltednration.oftlme a portable signean be located on II prope~ty is limited to a maximum of sixty (60) daysin anyone calendar year. I d) Size. Å portable sign shall not .exc:eed50square feet which accounts for all letters,! ,numbers and attachments;, excluding materiaLrequired to' support the" sign. .', .i. .....) Advertisine Siens and Billboards For purposes ofthis section, an advertising sign 0 billboardshall..bela.sign which.directs attention to aibusiness, profession, commodity, . s rvice or entertainment which is sold or offered on a premises other than that on which t e sign is located. I . 65 ¡ I I . . . I I · a) AclveJing .il:"~or biUboards .!taIl notb¢ permitted within a pnblic right-o~Wayo~cascmcnt. . ... j b) Illumin~ti.on .of advertising signs.or billb.o.ar4s is. permitted if the illuminati.ort is directedt.owardthe surface .of the sign and limited t.o the sign surface. I Illumin~ted signs mayn.ot give .off an intermittent, r.otating, c.oncentrated .or directi.o~al beam,.or flashing light .of any kind. c) Anad~lrti'ing'¡gJ\and billboard~haJin ot be constructed or maintain cd which r~semb!es any.officialmarker erected by ag.overnmental agency,.or display~w.ords ~1.l~has "st.op," "yield,".or "danger. j I d) An advertising sign and billbqard shall n.ot be c.onstructed .or maintained in a ma!lner¡ s.oast.o .obstruct anywind.ow, d.o.or, fire escape, stairway .or .opening intende¡d t.o pr.ovide light, air, illgress .or egress f.or any building .or structure. e) A~vertJsing sign~ and billb.o~rds which become r.otted,. unsafe .or unsightly shall b¢ repaired.or remòved b~ the 1icense~, .owner .or.owners .of the pr.operty.onwhichthe signstandsup.on n.otice fr.omthe City Building Inspect6r.The.owner, licellsee.or .owner .of the land .on which the sign is l.ocatedlshallkeepgrass, weeds and .other gr.owth cut, and shall cleanup and · rem.ov~ all debris .orrubþish fr.omthe l.ot.onwhich the sign is l.ocated..1f the .owner, .licensee .or .owner .of the pr.operty fails t.o act in acc.ordance with this paragr~PI1,theCitymay re~.ovethe sign inquesti.onup.on thedirecti.onof the.City C.ouncil,and all c.osts incurred f.or rem.ovalmaybe charged t.o the .owner pfthe sign and if unpaid, certified to the.C.ountyAudit.or as. a lien agains~the pr.operty.on which the sign was l.ocated. ! I f) Advertising signs and billb.oardsshall be c.onstructed .or maintained which .obstructs' traffic visibility . I I g) Advertising signs and billb.oards shall n.ot bel.ocated.on the r.o.of.of abuilding .or pairlted directl~.on the side .ofthe building, unless.it is clearly dem.on~trate.dt.o the' PlanningC.ommissi.on that the l.ocation.of the, sign d.oes n.ot th~eatenthe structural integrity.of the building inquesti.on, cause a safety l1azardt.o any pers.ons.or pr.opertyin the vicinity .ofthebuilding in questÎ<~n, and is aesthetically c.onsistent with an n.on-.offensive t.o the pr.operties in the. immediate' ar~a.of the building in questi.on. I I h) All,bil~b.oards·.oradvedising signs shall maintain a minimum setback.of at least 2p feet fr.o~~ny p.oint .on the signfr.om all pr.operty lines .of the pr9pe,ty .on Which tl1e sign is c.onstructed .or maintained. i) Advertising signs.or billb.oards shall n.otbe c.onstructed, maintained .or · l.ocated anycl.oserthan 1,000 feet fr.om any.other advertising sign .or billbmlrd. An advertising signor billb.oardstructure which is c.onstructed t.o I I I I 66 I i I I i I I I I I j I . . . i · as toiallowthe displa.yofadvertising on both the frontandbackside'ofthe structu~e shall constitute a single sign for purposes ofthe 1000 feet limitation.N 0 advertising sign or billboard shall project higher than 36 feet above t~e average grade of the property on which the sign is located. An advertising sign or billboard structure shall not contain more than two individJal signs per facing. No individualsignshall exceed,25 feet in total I length, 12 feet in height, and 300 square feet in sign surface area. No adverti~ing sign may be erected within 200 feet of an adjoining residential district. I ,Where the advertising sign location is across the street or roadway frol11 ,a residential district, compliance with the set-back requirements of the zone in !whichthe sign is situated shall be considered adequate. I I Business or CJmmercial Si2ns a) That th~ area 00 ooe sldeôfaIl ,nch sigo, erected 00 ,ooe streetfrootage of any on, premises, shall not exce.ed, fifty (50) square feet. b) Suchsi~nexcepta directionalsign,is erected only on the premises on which the use,ito which the sign. relates, is, conducted. i I c) Notwitllstandingtheabove, where two or more separate and individual commercial operations are conducting business in separate areas. of a single · building orstructure,in which each operation owns or leases separate and individual premises, but share in the use and maintenance of common areas within ~r around the structure, then and in those circumstances, each . individ~albusinessoperation may be permitted to display an individual business sign as provided in subdivisions a) and b), except that said sign must be direhly attached. to that particular premises actually occupied by the busine~soperation to which the sign relates. In addition to these individual busine~s signs, the combination of business operations occupying the structu1re, may maintain a 50 square foot sign detached from the structure identifying. the structure, the individual business operations located therein, or oth~rreference to the combination of business operations located within the structure. For purposes of this subdivision, a combimttion of two or more~usinessoperations within a single structure. includes, but is not limited to,sh0r.ping centers, shopping malls, and subdivided retail; office or in.. dustrial buildings offered for lease or condominium ownership. Si2n ~~ovJ.All~igÌlsnofm#t8in~:dke>t in good repair sholl be subject to r moval upon direction of the City Building Inspector. I Subd. 10: DeJelôpmentPlanRequirements. No building permit shall be issued until t~e Planning Çommìssion approves the Development Plan to determine that the use and r,"lopmentisCO"l~adble with.an!l. complcmco~ry to·adjaceot.laOdnSes, ,and coosistent · ith the stated intentofthis zone. The developer shall provide the following items to the lanningCommissi<~n for any development located in the Agricultural District: .1 ! 67 I , i I I I . . . I i · a) Buildingllocation on the lot, drawn to scale. b) Buildin~ elevations; front, rear and side. c) :Building exterior materials and color. d) LocatiOlis of ingress and egress points. e) Dumpstérand solid waste pick-up areas and, proposed screening material. f) Sign loc~tion,.a~ddimensions. g) ~ightingst~nd~rdand hood detail. h) Parking I andJoadingareas identified. i) Drainage by. the use of arrows and/or contours. j) Screenidg of heating, ventilation . and air-conditioning equipment. k)Landsc~ping material including the location, type of plant and size. I) Fire hy.drant and fire lanelocations. m) UtilitylÒcations. n) Any. oth¢r fencing, screening, or building a~cessoriestobe located in the I development area. I Subd.ll.AdditionalRequirements. Uses may be subject to additional re I uirements containtd in this Ordinance including, but not limited to the sections gOI erning pa~klng, iíi"'. oecnpatiqn, ßoodplain, slgI\$, etc, Section 52.17. R-l SINGLE FAMILY RESIDENCE DISTRICT · Subd.l: Intent. I It is the intent of this district to provide for the orderly development of re idential areas and tal avoid urban sprawl within the City; permit the development of single f¡ ily dwellings; tQprbvid~reasotlable standards for such development; to avoid overcrowding; anCl to prohibitthe us~þf1and which would be incompatible with or detrimentaltothe essential re idential character o~ such. districts. I Subd. 2: permIttecl.Uses. I I I a) Single family dwellings - non-rental occupancy. I b) Public Jarks and playgrounds. i c) HorticuJture, not to include theretail,sale of products. I [ d) Licens~dresidentialgroup care facility with 1,300 feet between it and a similar facilityiand notto exceed six boarders. I I e) Licensddday-care.facilityserving 12 persons or less. I f) Home 6ccupations as defined by this Ordinance. I I I I. " . '" " . I Subd.3.UsesIUnder Special Use Permit. The followingus~s shall require a Special Use · Permit based on thepiocedures set forth in this Ordinance: I I I I ] 68 I ! r i . . . · a) Govefl1l1l,ental and public utility buildings and structures necessary for the health, safety and general welfare , of the community. 1 j I b) public01 semi-public recreational buildings and community centers. c) License1 daY-~are c:ters serving 1 J or morepo/SOD$, d) Licensed,.residential group care facilities with seven..ormoreboarders. I I I I e) Public libraries. I I f) Public a*d private schools provided that the location and off-street parking has g) been revtewed and approved by the Planning Commission. Instituti9ns of a reli~ious eleemosynary or philanthropic nature. ! h) Nurseri~s and greenhouses. i i) Plannedluse residential development. : I j) Bed an1 breakfast. k) · Uses which in the judgment ofthePlanning Commission and City Council aœ similar ~o those listed in this zoning district. ! 1) Residential rental ifowneroccupied. For purposes of establishing if the property I is owner occupied, the owner must be a natural person and the owner occupying the pro~erty as his or her principal residence must own a fifty percent(50%) or greater interest in the property. The property must satisfy the parking requir~ments contained in this Ordinance. In addition, the rental unit must: I 1. I contain a minimum of __ square feet of floor area; i 2. I have a ceiling height of at least seven(7) feet; I I I 3. contain adequate ventilation and fire escapes as determined by the Fire Chief; 4. ! meet all applicable rental codes. Subd. 4. Pe~itted Accessory Uses. I a) Privatel garages, parking spaces and carports for passenger cars, trucks, recreational vehic1~s and equipment. I · b) Houses and similar buildings Structures used for storage of domestic equipment and non-coInmercial recreational equipment. I I I 69 I I I ¡ I i i I I . . . , I I I ! , i . i c) Swimmirig pools, tennis courts, detached screen porch or gazebo, provided that the IJlaximt lot coverage requirement is not e~eeeded, tion oftheprinbipal building to which it is accessory. d) Fences. I ! I I e) Home.occupatìons as defined by this Ordinance. ,Aecessok buildmg( s) an~orÎ'rivato garnge( s), either attached or detached, sha)¡ pe t) subject tb the following number and size limitations, and the general requirements of I Section 52.4. ! 1. 0neortwo accessory buildings covering a combinedarea not greater than 1,350 ~quare feet are permitted. I 2. The combined area of the lot covered by the accessory buildings authorized in subparagraphs i) above shall not exceed ten (10) percent of the total lot area. I 3. Accessorybuildirigs must meet the following design standards: I . (a) Pole barns and/or post frame construction is prohibited. tb) The exterior finish materials (such as siding, shingles, etc.) shall be I similar in nature and color tothe exterior finish material of the principal I structure. I 1 i (c) The,side walls of the structure may not exceed ten (1 0) feet in height. (d) . The roof slope shall be no greater than the steepest roof slope of the I l principal structure, nor less than the average of the roof slopes ofthe 4. I prineipa) structure, .. . .,. .... I .. No 'accessory building nor structure shall be constructed on any lot prior i to the time ofconstruction ofthe principal building to which it is ¡ accessory. i W},5.1 Accessory buildings not specifically permitted by this , paragraph shall be I prohibited unless authorized by a variance specialuse p~rmit granted I pursuaIltto Ordinance 52.&.9. Forpurposesofthis section, a pet shelter I or a,structure designed and usedexc1usively for play by children shall I not be considered an accessory building. , I . Subd. 5: Lot IArea Requirements. ¡ I 70 . . . I I · a) Minimum Area: 20,000 square feet where municipal sanitary sewer and water services lare not available. I b) Minimum Area where servedhymunicipal Sewer and water: 11,000 square feet. 1 I I c) A Veragl width of not less than 75 feet and an average depth of not less than 125 feet. Subd. 6: Setbac Requirements. I a) Front yJrd setbacks of not less than 30 feet on all public right-of-ways, unless: i 1. 30 percent or more of the fl.-ontage on the same side of the street between two intersecting streets is improved with buildings that have observed a greater or less depth affront yard in which instance no new building or portion thereof shall project beyond astraightline drawn between the point closesUothestreet line, of the residence upon either side of proposed structure or, 2. If there are residences upon only one side, then beyond the straight line projected from the front of the nearest residences. 3. Nothing in this regulation shall be interpreted to require a front yard of · ¡more than 50 feet. I 4. IWherethe street is curved, the line shall follow the curve of the street I ¡rather than to be a straight line. ! i b) Sideylrd setbacks shall be ten(10) feet fromthe main structure and five (5) feet from gkage or accessory building. Where the side yard abuts a public right of way, the side yard setback shall be twenty (20) feet from the main struct~Ire and any garage or accessory structure. c) Rear y,ard shall have a depth of not less than 20 percent of the depth ofthe lot. i I Subd. 7. Height Requirements. I a) Nobuildil1g shall exceed 22 stories or shall it exceed 35 feet in height. SUbd.>8.SitJ Covera2e. No structure or combination of structures shall occupy morethan 25% ofthè lotarea. I I Subd. 9. Si2n~. · General provJsions. The following regulations shall apply to all signs in the R-l D istrict: I ! j 71 ¡ I ! ! i I I I 1 . . . · i I a) Signs shall not be permitted within the public right-of-way or easements, except as !erected by an official unit of government or public utilities for the b) directionrftraffic or necessary public information. Flashing or rotating signs resembling emergency vehicles shall notbe I permitte«;l. c) No sign s",all be placed that resembles any official marker erected by a governm~ntal agency or shan display such words as "stop" or "danger" . d) N,''' sig'; ~aU b,~ permittedt" obstruct any window,door, fU'e escape, stairway!oropeningintended to provide light, air, ingress or egress for any building;or structure. e) The own1er, lessee or manager of any ground sign and the owner. of the land ·"on Which the same is located shall keep grass or weeds and other growth cut and debris and rubbish cleaned up and removed from the lot on Which a sign is located. 1) BnSines.Jsi~s andi~ame !,Iaresigns whichDlay be "r may bereaft~~ ~"ome rotted,~nsafe 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 Inspect1r. i g) Where a sign is, illuminated, the source of light shall not shine upon any part of a resi~ence or into a RESIDENCE DISTRICT or any roadway. h) N,' 0 sign ¡Sball beof such a nature or placed In sneb a position .that itwjll cause danger ~otrafficon a street. j) No signs shall violate the front, side or rear yard requirements. ! k) No adv¿rtising signs or billboards are permitted. Special andTJmporarYSb~ns I I a) One (1) identification sign not exceeding thirty-five (35) square feet in area for the¡followinguses: church, school, or similar uses. Such signs shall be solely for the name and of the use and its activities and may be illuminated I but not flashing. .. b) Templa!')' signs advertising a new snbdiv¡slon,~eveloplDent limited tl! the followiµg:. (1) maximum size shall be thirty-two (32), square·feet in surface area, (2) maximum height of fifteen (15) feet aboveground level. · I ! 72 ! i . . . 1 I I I I · c) Real estatb 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 siJ (6) square feet. .' I d) Temporary signs of contractors, architects, mechanics, special events and artisans are permitted, provided that such signs shall be removed promptly upon co~pletion ofthe work and further provided that such signs shall not exceed thlrty"twQ (32) square reet in area. Portable Sie;ns. , a) D~finition.A portable. sign. is one that is movable from one location to another ~ndis not permanently affixed to the ground, sales display device, or structure. j b) permit~eqUired. A business seeking to use or display a portable sign shall obtaina fermit from the City for the period of display. Permits will specify thelengtoftimethesign will bedisplayed,IOéation ofthesign, and business applyin~ to use the sign. c) LengthøfUse. The duration oftime a portable sign can be located on a propertY is limited to a maximum of sixty (60) days in anyone calendar year. · c) Size. A ~ortableSign shall not exceed 50. square feet which accounts for all letters, numbers and attachments; excluding material required to support the sign~ ! SignRemoval.i Allsigns not maintained and kept in good repair shall be subject to re oval upon direction of the City Building Inspector. I I Subd.l0: YarilCover. Every yard on apremise on which a dwelling stands shall be provided with law~ or combined lawn cover. of vegetation, gardens, hedges, shrubbery, anld related decorativf materials and such yards shall be maintained consistent with prevailing community standards. Motor vehicles may not be left parked or unattended on or within a yard. Gr~ss shall be maintained so not to exceed a height of 6 inches. i Subd.l1.AdditionalRequirements.. Uses may be subject to additional requirementscontain¡ed in this Ordinance including, but not limited to the sections g verning parking, hrme occupation, floodplain, signs, etc. ¡ Section 52.1 ~:R-2 TWo.P AMIL Y RESIDENCE DISTRICT. I · Section 1 Intent. It is the intent of this district to, provide for the orderly development o residential areas andto.avoidurban sprawl within the City; permit the. development of single a d twofami1YdWeJlir~1;toP!'Ovide reasonable standardsfors)Ich d~yelopment; to avoi~ 73 ! I I i I . . . I I I I I ¡ . over r, owding;andto proÞ.ibit the use oflandwhich wouldbe incompatible with or detrimental to the essential residentia¡ character of such districts. Section 2. Pe~itted Uses. å) Single JkilY, dwellings, owner occupied (a,s defined in Section 52.17, I Subd. 3(1). I b) Two faniilydwellings, owner occupied (as defined in Section 52.17, Subd. 3(1). : c) Public. piarks and playgrounds. d) HorticJture,not to inc1udethe retail sale of products. I e) LIcense~ residential group care facility with 1,300 Jeetbetween it and a similar facility . and not to exceed six (6) boarders. f) Licensed. day-care facility serving 12 persons orless. I I Subd.3. Uses Under Special Use Permit. The following uses shall require a S ecial Use Permit based on the procedures set forth in this Ordinance. I . a) Governbental and public utilitybuildings·and structures necessary· for the health, safety, and general welfare of the community. I b) Public br semi-public recreational buildings and community centers. c) LicenJd day-care centers serving 13 or more persons. d) LicenJd residential group care facilities with seven or more boarders. ! e) Nursing Homes and Board and Care Homes, provided that adequate parking is provided and the site is accessible to commercial servic,e areas. I f) Public libraries. 'g) ¡>ublic¡orprivateschools, providing, however, that the area and location of anY school an~off-street parking heretofore shall be subject to the approyal of the Planning Commission. h) Churches. I i) InstitJtions of a religious, eleemosynary or philanthropic nature. . j) NUl'S~ri~S a¡¡d Wet:nh9#e~, j 74 i I . . . I I I i ! I · k) Planned Jnit residentiald.evelopment. I ... 1) Bed and breakfast. 'Us~s whil~ .in ¡he jud.gmentofthe.Planning Commission and City Council m) are similk to those listed in this zoning district. I I n) Non-owner occupied rental to a Family as defined by this Ordinance. ManufJtured homes as defined by this. Ordinance; 0) I Subd.4. Permitted Accessory Uses.': I a) Private g#ages,parkingspaces and carports for passenger cars, trucks, recreational vehicles a]J.d equipment. I b) nome OcrUPa!iOI)S, c) Houses ~d similar buildings for storage of domestic equipment and non- commercjal recreational equipment. I I I d) Swimming pools, tennis courts, and detached screen porch or gazebo, provided · that the n?aximum lot coverage requirement is not exceeded. e) Fences. e) No accessory building nor structure shall be com:truct€Jd on an)' lot prior to the time of c:onstruction ofthe principal building to "\vhich ins accessory. I f) Accessoprbuilding(s) and/or private garage(s), either attached or detached, shall besubjeçtto the following number and Ûze limitations, and the general requiretrtents of Section 52.13, Subd. 13. I 1. <pne or two accessory buildings covering a combined area not greater than ',000 square feet are permitted. I , 2. One additional accessory building, covering an area not greater than 120 square feet is permitted in addition tq those allowed in subparagraph i) above. I 3. Lrhecombinedareaofthe lot covered by the accessory buildings kuthorized insubparagraphsi) andii) above shall not exceed ten (10) I. .... 'percent of the totaUot size. ! I 4. !Accessorybuildings of less than 50 square feet shall not be considered · iwhen computing the limitations of subparagraphs i) and ii)· and iii). above; I I ! I 75 . . . ! I · but,~ecombit¡ed areäof aCcessory building oftess tban~O square reet I: shap not exceed a total of 100 square feet; , ,\f\ç 5. No laccessory building or structure shall be constructed on any lot 4Œ',lf' pripr to ,the time of construction ofthe principal building to which it is accessory. ~6. AC~eSSOryb1Úldings not specifically pennitted by this paragraph shall be prohibited unless authorized by a variance granted pursuant to Ordinance I 52.8. Subd. 5:,Lot Are~ Requirements. i a) Minimum! area forTwö Family Dwelling Unit not served by municipal sewer and b) water: 24fOO square feet. Minim~ Area for Two Family DwellingUnit ~erved by municipal sewer and water:.10~000 square feet. c) Average ",idth of not less than 75 feet and an average depth of not less than 125 feet. I · Subd. 6: SetbackJ Requirements. a) Front yJd setbacks of not less than 30 feet on allpublicright-of-ways, unless: 1. 30 percent or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed a gteater or less depth affront yard in which instance no new building or p¡brtionthereofshallproject beyondia straight line drawn between the point.· closest to the street line of the residence upon either side of i ~roposed structure; or I I 2. If there are residences upon only one side, then beyond the straight line l?rojected from the front of the nearest residences. i i 3. ~othing in this regulation shall be interpreted to require a front yard of more than 50 feet. I 4. Where the street is curved, the, line shall followthe curve ofthestreet rather thanto be a straight line. , b) Side ~ard setbacks shaUbe ten (10) feet from the main structure and five (5) feet from garage or accessory building. Where the side yard abuts a public right · OfWl the sid~yardset~aek sbaD be hventy(20) feet from the lOaÍD struc ure and any garage or accessory structure. I 76 I i I I I i I i . . . ! ! . c) Rear yard sh~ll have, a depth of not less than 20 percent of the depth of the lot. J i Subd.7. HeightRe~uirements. No building shall excee<®tories or shall it exceed 35 feet in height. f..· . Subd.8. Site Co~era2e. No structure or combination of structures shall occupy more han 30%.ofthelot!area. Subd. 9. Si2ns. I i General ProvisioJs. Th~ following regulations shall apply to all signs in the R-2 Distr ct: I I ! a) Signs shalt not be permitted within the public right-of-way or easements, except as ~rected by an official unit of government or public utilities for, the direction Of traffic or necessary public information. I b) Flashingdr rotating signs resembling emergency vehicles shall not be permittedl I c) No signshall be placed that resembles any official marker erected by a . governm~ntal agency or shall display such words as "stop" or "danger". I I d) No sign shallþepermitted to obstruct any window, door, fire escape, stairway Ibr opening intended to provide light, air, ingress or egress for any building or structure. e) Theown~r'.lessee.rmanagero( any gronnd sign and the owner of the land on which the same islocated shall keep grass or weeds and other growth cut ami deb~is and rubbish cleaned up and removed from the lot on which a sign is · located. J I J f) Busines~ signs and name plate signs which may be or may hereafter become r9tted, Jnsafe or unsightly shall be repaired or removed by the owner or I lessee o~theproperty upon which the sign stands upon notice by the Building InspectQr. ! g) Where # sign is illuminated, the source of light shall not shine upon any part of a residence or into a RESIDENCE DISTRICTor any roadway. I J h) No signl shall be of such a nature or placed in such a position that it will cause l) dwt:erlto ~affiC on .a street No sig~s shall violate. the front, side or rear yard requirements. . I . . .. . . . I ì m) No ad~ertising signs or billboards are permitted. r ! 77 I . . . I ¡ . Special and Temp6rary Si2ns , a) One(l)id~ntification sign not exceeding thirty-five (35) square feet in area for the follpwinguses: 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 ßa~hing. b) Tem.poraJ sÎJ!!ls .adv'ettisbiga news~~diV~lon devel0l'ment limited to the following: I (1) maximum size shall be thirty-two (32) square feet in surface area, (2)~aximum height of fifteen (15)feetaboveground level. I c) Real estat~.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 si~ (6) square feet. d) Teml'~ra~ sigJ1sot eOl\tractol'S,architects, mechanlC!i;special eyentS and artisans ~re permitted, provided that . such signs shall be removed promptly upon co~pletion ofthework and further provided that such signs shall not exceedth~rty-two (32)square feeUn area. Portable Sh~ns. I I . a) Definitioh. A portable sign is one that is movable from one location to another ~nd is nofpermanently affixed to the ground, sales display device, or structure. i I b) Permit~equired. A business seeking to use or display a portable sign shall obtain aipermitfrom the City for the period of display. Permits will specify the length of time the sign will be displayed, locationofthe sign, and business applying to use. the sign. I c) LengthÒfUse. The duration oftime a portablesign can be located on a I property is limited to a maximum of sixty (60) days in anyone calendar year: d) Size. .A'portable sign shall not exceed 50 square feet which 'accounts for all letters, Dumbersandattachments; excluding material required to support the sign!. I Sign RemovaÔ All signs not maintained and kept in good ,repair shall be subject to oval upon directi~nof the City Building Inspector . ! Sllhd.10: . Yard. Cover. Every yard on ',a, premise on which· a dwelling stands. shall b provided with lawµ or combined lawn cover of vegetation, gardens, hedges, shrubbery ~ and related decorati~e. materials and such yards shall be maintained consistent with . I P evailing community stalldards. Motor vehicles. may not be left parked or unattended on o within a yard. Grass shall be maintained so not to exceed a height of 6 inches. i · 78 I ! i i I I I . . . I I I i . I Subd. 11. Additional Requirements. Usesmaybesubjectto additional req~irementscontained in this Ordinance including, but not limited to the sections gov rning parking, home occupation, floodplain, signs, etc. Section52.19: Rl3 MULTIPLE FAMILY RESIDENCE DISTRICT. Subd. 1. Intent. R~3, Multiple Family Residence District is intended to provide a district wh~ch will allow higher ,density or residential development where city sewer services are available.) I I Subd. 2. Permitted Uses. a) MultiPlelresidential dwellings, ~ 12 dwellings per unit. b) Public pÅrks and playgrounds. I I I c) Hospitals, convalescents, nursing homes, group care centers or assisted living I centers. ! I [ d) Churche~, libraries, museums or schools. I I I . e) Townhohses,~tmitspeI. sttudure. I f) LOdgindhouses. I ! g) License~in-home daycare serving 16 or fewer persons. I I h) License¡dresidentialfa.cilties/grouphomes serving 160r fewer persons. I 1 Subd.3. Permitted AccessoryUses. a) Privatelarages, parking spaces and carports for passenger cars, trucks, . recreational vehicles and equipment. I I b) Home 1ccupations. c) Storage1buildings for, storage ofq.omesticequipment used in the maintenance of the property and non-commercial recreational equipment used primarily atthe I property. ! d) Swimming pools and tennis courts. I I e) Residehtial communalfacilities'sucb as laundry, recreation buildings, and residerttialleasingoffice. . I 0 I Fences. j 1 I 79 I I I I . . . I I I i I i · I Subd. 4. Uses ulderBPecial Use Permit. I I a) Public bu~ldings,polìce and fire. stations and other public buildings, except those customar~ly c()nsidered industrial in nature. I i I b) Cemeteri~s and memorial gardens. c) Multi ,F+i1Y D",e~¡ingsover! 2 dw"lling units shall)¡e!l'quiroo to útÎlize the PURD procedural process, excluding the PURD requirement for acreage. I I d) Planned Unit Residential Development (pURD) as regulated by this Ordinance. I i I e) Uses whichin the judgment of the Planning Commission and City Council are similar tb those listed in Subdivision 2 of this Section. I Subd. 5. Lot Arba Requirements. I a) MinimUIh·lotareashal1 be 12,000 square feet. I b) Forthe~asisof computing the number of permitted units within a multiple · residencF, the following shall apply: i i 1. <Dne 1 bedroom unit for each 3,000 square feet oflot area; and I I ! 2. <Dne 2 bedroom unit for each 3,500 square feet oflot area; and I I 3. 0ne 3 bedroom unit for each 4,000 square feet oflot area; I ! i 4. for each. additional bedroom (over 3)per unit, an additional 500 square feet of lot area; I 5. Lot depths of greater than 150%,oftheaveragelot width shall be used in bomputingthe maximum number of units. I I c) Multiplþ family. dwellings shall not occupy more than 35% ofthelot. I i d) Each lot shallhaveaminimwuwidth. of 150 feet at the building setback line. I I e) Each lo~ shall have amin.imumwidthof80 feet atthe Pllblic right-of-way. I Subd. 6. Schedule of Allowances. The lot areas per dwelling unit described in Section 5r.19.0~ . shall befurtl1er subject to the following schedule of allowances, which shall be added,to o subtracted from, th~ minimum lot area per dwellingunit as prescribed hereby regulating . · d nsity requirements as to the location, use and access provided for the property within the R-3 u!tiple residence 1i1Y district. 80 I i i í i . . . I i I · a) F or each ~ar1cing space pr<¡vided within the building,()' underground, sûbtract 300 square feet. I b) If the site hpon which the multiple dwelling is being constructed, or the zoning district adjacent to the site is zoned for a commercial use, subtract 300 square feet. i c) If the multiple dwelling site is within 300 feet of an R-l or R-2 Residence District, a¡ad300 square feet per unit, for all units constructed on the site. d) Ifthe total lot coverage is less than 20%, subtract 150 square. feet per unit. I i e) In such ca§es,where it is necessary to raze an existing principal structure in a dilapidatdd condition, orwhere said building is economically unfeasible to rehabilitate, there shall be provided an allowance of two dwelling units above any othera11t~ceSrequired within ibis section Subd. 7. Setbac~ Requirements. I I a) The fron~ yard of anyR-3 residence shall be35 feet from the lot line. b) The sideiyard of any R-3 residence shall be 20 feet from the lotline, unless the · side yar~ abuts a street or highway in which.case the setback shall not be. less 1han 30 feet. I c) The rear Iyard of any R-3 residence shall be 40 feet from the lot line. ! d) All builqing permit requests must be accompanied by a building plan and a landsca~e plan acceptable by the Planning Commission. ì Subd.8. Height Requirem.ents. No structure shall exceed 22 stories or 35 feet in height ex ept as hereinafter provided. I I I Subd. 9. Si2nsl I GeneralProviJiÔns. The following regulations shall apply to all signs in the R-3 D·,s trict: I I I a) Signs shall not be permitted within the public right-of-way or easements, except às erected by an official unit of government or public utilities for the directi~n of traffic or necessary public information. I I b) Flashirig or rotating signs resembling emergency vehicles shall not be permitted. I I · c) No SigJ shall be placed that resemblesanyofficiarmarkererected by a govern 1 ental agency or shall display such words as" stop" or "danger" . 81 . . . ! j I · d) No sign sl1allbe permitted to obstruct any window, door, fire escape, stairway br opening intended to provide light, air, ingress or egress for any building·¿r structure. I i e) Theownér, lessee or manager of any ground sign and the owner of the land on whichlthe same is located shall keep grass or weeds and other growth cut and debris and rubbish cleaned up and removedfrolIl the lot on which a sign . I I IS ocated. , i 1) BusinessJsigns and name plate signs which may be or may hereafter become rotted, unsafe or unsightly shall be repaired, or removed by the owner or lessee of~hepropertyupon which the sign stands upon notice by the Building: InsPector . g) Where a sign IS Uluminated, thesQurce of light shaiinotshfueuponanrpart · of a residence or into a RESIDENCE DISTRICT or any roadway. I ! , , h) No sign ~hall be ofsuch a nature(JIr placed in such a position that it will cause I danger to traffic ona street. I I I n) No Sign, shaUvlolate the frout,side or rear yard requiremeuts. · 0) No advertising signs or billboards are permitted. Special and Temporary Si2;ns a) One ,(1) identification sign not exceeding thirty-five (35) square feet in area I for the following uses: church, school, or similar uses. Such signs shall be solely fdrthename and ofthe. use and its activities and may be illuminated but not ¡flashing. ! b) Temporary signs advertising a new subdivision development limited to the fOllowiqg:(I)maximum size shall be thirty-two (32) square feet in surface area, (2) maximum height of fifteen (15) feet .above ground level. c) I Real estate signs, including>signs advertising the sale or rental of premises, are perrJitted provided the area on one side of any such signs .shall not exceed fix (6) square feet. I d) Temporary signs of contractors, architects, mechanics, special events and artisan~ are permitted, provided that such signs shall be removed promptly upon completion of the work and. further provided that such signs shall not I exceedithirty-two (32) squarefeetin area. · Portable Si2;nt I ! i I 82 i I . . . · a) Definitiort. A portable sign is one thaNs movable from one location to another~ndis not permanently affixed to the ground, sales display device, or structurel b) perD1i~J..uired. ^ busines~'eekingt.u use ur display a pod.ble 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 applyingitouse the sign. I I I c) Length ~fUse'1'he duration· of time a portable sign can be· located on a propel is limitedtu amaxi",um ufslxiy (60) da~iuany oue ea/endar year. d) Size. A ~ortable sign shall not exceed 50 square feet which accounts for,all letters, numbers and attachments; excluding material required to support h .1 t eSlgn.i SignRemoval.iAIl signs not maintained and kept in good repair shall be subject to re¡oval upondirectioh of the City Building Inspector. I Subd.10: Yard Cover. Every yard on a premise on which a dwelling stands shall be . ruvidedwith law!Îur cu",bined lawn cuver ufvegetatiun, gard.lls, hedges, shrubbery, antrelated decorativ~ materials and such yards shall be maintained consistent with .' pr vailingcommunity,',i st,andards. ,Motor vehicles may not be left parked or unattended on or¡ ithin a yard., Grass shall be, maintained so not to exceed a height of 6 inches. I ! Subd.l1: Development Plan Requirements. No building permit shallbe issuedllDtil th . Planning Commission approves the Development Planto determine that the use and del.elupment is compatible )vit~ .an!l cumplementary to adjaceut landnses, and consistent with the stated intent .",~fthis zon, e. The. developer. shall provide the following items to the Plrnning Commission for any development located in the R3-Multiple Family Residence D ·strict: i a) Buildin1g location on the lot, drawn to scale. b) BuildinJg elevations; front, rear and side. c) BuildiI~gexterior,materials and color. d) Loca.tÌ(~ns?fingress and egress points. e) Dumps~erand solid waste pick-up areasandprop()sed screening material. 1) Sign location and dimensions. g) LightiItg 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) Lands¢apingmaterial including the location, type of plant and size.. I) Fire'hYdrant and fire lane locations. I m) Utility ¡ locations. . n) Anyo~her fencing, screening, or building accessories to be located .in the development area. 83 . . . I I I ¡ I · i Subd.12. Additional Requirements. Uses may be subject to additional req irements contained in this Ordinance including, but not limited to the sections gov rning parking, hoth.e occupation, floodplain, signs, etc. I Section 52.20: R1MMOBILE HOME RESIDENCE DISTRICT. Subd. 1. Intent.! It is the intent of this district to permit the development of mobile home partmthe eOmmuµi~i to S~Ppl~~tapPlieable stateJaws pertainingto moÞHe h9mes; to pro ide reasonable standards for site development of such parks; to' avoid overcrowding; to pro ~ ide setbacks and other development standards which will make such developments more attr ctive,safe and pleaJant to live il1' and compatible with otherJandusesand developments in the community. I I Subd. 2. ,Permitted Uses. a) Mobile homes. Manufadtured homes. b) I I c) Mobile home parks, park offices, laundry, recreation, and storm shelter facilities, provided these structures are permanent in nature. I · ~. 11:"I'~::"__Il_.JllJII.I1.1 ,I' %","WI'.'I "'>". i"~<','" ',','..,m",,'."'~" ...~. x- ,-~,.,.,"'::;''',,\'m"'''''''i.~.4,'W '" ""',,w,,<,,,,,Wh . ",,,: " _, _.',','.'._ _.'. ~"" .'_< %>' .f;>' 1'8:ríí I__!il::¡ , I _, ,~,~.>;.-.., We[(", ~~ <m~." '. '!it"" '. "mW/. i Subd.3. Permitted Accessory Uses. a) Private ~arages,parking spaces. b) Tool hJuses and similar buildings for storage of equ.ipment and Ilon-commercial reereátirn equipment. c) No acc~ssory building nor structure shall be constructed on any lotprior to the I time oficonstruction of the principal building to which itis acc~ssory. I d) No accessory building(s) and/or private garage(s), either attached or detached, shall o¿cupy an area greater than ten (10) percent of the total lot size or a total combiI{ed area of 800 square feet, whicheveris the lesser, unless authorized by varian1e granted pursuant to Ordinance 52.8. Subd.. 4 Speci~l Uses. Home' occupations provided the use can be, reasonably and safely c nducted in a mobile home structure. · ! I """'IIII'W%1iI!llrI__'..__""'IIl___ ::::';:~~,,::::;.~_t~~::~:;::,;,j ~:-_I~;:;;: ,: l:_é::::,:,:,,~ ~ - ,/~,:'::~~:d~:,i ". ':::~~~.:.~~u2j ':~ it ,;' ,:,'~ ", ~',~Ý: ' :;~:I,:::::',ú,~,::,::_Lb~~~~;;;~~~è;':": x>':^ ,,:' ,:,' ::: :_- :~,": "',:Ä+::,"; ,; j ,: :;' \: :::, J! I I I 84 . . . · Subd. 5. Lot Area Requirements. I ! a) The mini1Î1um lot area shall be 5,000 square feet. I b) The mininmm lot width shall be 50 feet. c) The max+um lot coverage shall not exceed 50%, d) At least 10% of the total site of a mobile home park shall be reserved for ccnnmon,luseable open space for the exèlusive use of residents, and to be maintain~d by the proprietor or operator of the mobile home park. Suchopen space shall be designated and its improvements çompletedbefore anymobile home sitdis offered for occupancy. I Subd.6. . Yard, B:eight and Setback Requirements. I I a) FrontyW:¡â setbacks shall be 25 feet. b) Side yard setbacks shall be at least 10 feet. i , , · c) Rear yard setbacks shall be at least 20 feet. d) The maJimum building height shall not exceed 20 feet. I e) Each mobile home park shall provide and maintain a 15 foot landscaped strip around tre perimeter of the property. f) Each mobile home site shall be provided with a tree, and all unpaved areas shall I be sUitary sodded. g) Each mobile home within a mobile home park shall be properly and completely skirted.¡ ''''''''-_"' """""W""""""""~_""'" . ""''''''''''''''_~.._E¡_'''''''''''· .' ífí,', ',::~::::,:;:~~.::'~',::.:'::,:'~",':~"~ ',:,,,,<"'~ ~~,~~;::~,::~ i , ,:,~" ,_.,' " _::' ::: : :,~;.: ..' è~.~C: '.:>' :' <:/i' ._,/:,:_~ · 85 . . . . .~ .~d ,',::,"; - ~' .:: , . y, '".' ., I'" " ' , ' ,.. «..., , [I Xi', , , , " ~ ~;:; m"; ,:'" ""'rrl x," ,.::",~,w,/.~0;, "', ~ " .m.~ ' ~¡. '., >'IL. .~_..__..'......, ';',;':""1'1~ '.."MWt". ..::. ..,' ,', ..., ....:.". :" "',,*" / '",;,:,¡¡wJI w...~ y. <<< '" I I . I ¿ .,>'"1" ~~"v"";'~ :,,'" ""h",@¿ "_.I._"_'_IIBf(>";;.,..m.I'.~' 1;0, '~/" ,.i'i~:'~·: ,\ ",u' ..., ',i,..I.Wð'~" ' ..,. .... ", ' ,,: .. ili '"~,A £%0 ..I!~.;¡£i' ,,"1'1:,;;;;, ,I.,;.; Jlt ~, ',: ~ « ~<w-*~ , .:>'~"¡ ..' ,~,,_. i II_II.,.....'._."'-~-~.,., ':'",'\,:>".:,' ;/,,:'~~~, :,~:~:i1: /~'hé"":"~~x~~/,;~ ?' '~5:¢'~B~',:I~ili~: " ~',~ ,I\lr,' ^% :':::~W:7A,,~:Ú'~"N~"~· .,' - J' , ":,,':i. ~:~'''-:/'':''<~~h<':.''·~~ ">~ .~IBJfJiR~; ~qqrøp ".-- ; ,-'-, y. ' , , '.:'~. ~ , ,:,>"jX~ '~: "'. '"",' ':' W- Jmt'~""w~ ~ ~ ~& '" '-, I .. '_1', '; 44"'" ""W.."·V:,·,,_ ".:A' ,,' , . ";¡;¡{'''¡Þ~<i<'7//~~"ô.:0: ., .~::>,»f,':0Ø'h" ''''.>,kw. .." rn-Ø;M '~r,mJm', "k_ ' ,",:"" . ' :- . ,,",'* ,,'N"'" . " ~,;x,,,,,,>.<:: I i W~WJ'" ','~.J , ,,,,,,,,4,,,,, ~__~i.m_,.:",.. "m"~':¿':^~ø;k'.'" ";, ,'..":111 ,,',. ;J~!^:,'.:¡ . , I I i . . . I I I I I I · '7.__"'1 . . ".8l."""m"".=",,~~u,,, Co '.-. """ _wi'",,~ ., ,.N ,~.... '. _ ,., ,~2. ,,,\OAL · a__.lIJIfjr¡l!l_ W'/ ;', ,~"",' ~,,"þ..; ~ ,,~,; "", """,~\~",,4g; ¡;;;' ~_>, ''''''''';';'' ~ ,~'" ;" " " ' ~ I I ~§ I I ---- v/'_ ";¡; . ~ _ >, , , ~,~ :,;',.' . , ., > "'''«'''À~' ,~,(",' ,,"" <, '''''' -,' - <>*':¡:2 , "" ,;:,,, ~ <"1 ~;:;¡~:,"" "" *"" II: I . ~,:X":/,:'''! MIl <~,"",'" w '"~' '.< . ~ 0 ' · . . . . :'" "~,Ø)''''''''''''' :f~::;'7~~I.il " ",:ø;,;¡;¡¡,,,*~' ",,:,:%4 .-----. ..c".., .......... '. '1'''0' ............'" ','..',..,......,,,,,..,,..... ," ',' ',' ............",............... .... "...'. ...""" -- ""%:,:,,,'"' """,,¢'. "'" ~-. ",,"~"; . ,.,:"","':<-:0>-*"" . -" ..",': "">~~,,,:,.,,<' I I r. ;":'" "",,<; . . 88 . . . I I . a) An applidtiOllfor nlobile home park shall be a<;companied by the same data, map and info~ationrequired for other plats or subdivisions within the City. I I I b) Any additional datarequired by the State Bawd of Health for licensing of mobile home parRs shall also be, submitted to the Planning Commission prior to or c) c~~¡}' rtliitS~D1ÌltalIO tlwS1a1e Board oŒoaItIi, Cqnstruction of permanent foundations for mobile homes shall be prohibited. I I d) Paved prif¡ate streets serving the mobile home park shall be sufficient width to provide f9r two lanes of traffic and for parking on each side of the street. I I e) Ea<;h mobile home site shallbe provided with tie down or other acceptable means. e) E"'ih,JilO homo park shall provid.¡ and de~gnaIo ono of its pimnanant buildings; which is structurally suitable to serve as a storm shelter 'Nith sufficient spa<;e to a<;commodate all of its residents. If the shelter cannot accommodate all I the residents,.a disaster plan mustbe submitted to 'the City of St. Joseph .s EmergenCy Services Director for approval and a copy on file at the City Offices. I I Subd.8:SignsJ , ' I . I General Provisions. The following regulations shall apply to all signs in theR-3 Di trict: ! ¡ a) Signs sljall not be permitted within tbe public right-of-way or easements, exc~pt ~s ereçted by an official unit of government or public utilities for the direction of traffic or necessary public information. ~, ," " '. b) Flashing or rotating signs resembling emergency vehicles shall not be permitted. I I I c) No signishallbeplacedíhatresembles any official marker erected by a govern~entalagency or shall display such words as "stop" or "danger". I i d) No sigJ shallbepermitted to obstruct any window, door, fire escape, stairw~yor ope)1ingintendedto provide light"air, ingress or egress for allY buildi~g or structure. I e) The oJner,lessee or manager of any ground sign ,and the owner of the land on whiFh the same is located shall keep grass or weeds and other, growth cut and deþrisand rubbish cleaned up and removed fromthe lot on which a sign is located. I j . 1) BusinJss signs and name plate signs which maybe or may hereafter become rottedJunsafe or unsightly shall be repaired or removed by the owner or I 89 ! I I I I i 1 I ! . . . i I · lessee oft~epropertyupon which the, sign stands upon notice by the Building Inspector. g) Where a sign is. illuminated, the source of lightshall not shine upon any part of aresid~nce orinto a RESIDENCE DISTRlCT.or any roadway. I h) No sign sJallbe of such a nature or placed in such.aposition that it will cause I danger to ¡traffic on a street. I I p) No signs shall violate the front, side or rear yard requirements. q) No adverlising signs or billboards .are permitted. I I Special and TenÍporarySi2nS I i a) One (1) i~entification sign not exceeding thirty-five (35) square feet in .area for the following uses: church, school, or similar uses. Such signs shall be solely fot¡ the name and of the use and its activities and may be illuminated but not flashing. I b) Tempor~ry signs advertising anew subdivision development limited to the following: (1) maximum size ,shall be thirty-two (32) square feet in surface · area, (2)'maximumheight of fifteen (15) feet above ground level. I . . c) Real estâte signs, including signs advertising the sale or rental of premises, arepertriitted provided the area on one side of any such signs shall not I exceed six (6) square feet. I d) Tempor~ry signs of contractors,architects,mechanics,specialevents and artisans I are. permitted, provided that such '. signs, shall be removed promptly I upon coµ¡pletion ofthe work and further pn>vided that such signs shall not exceed thirty-two (32) square feet in area. I I I Portable Si2ns~ a) J)~finitihJl. A portable si~ is one tbat is· movable.from oneloc..tioll to anothe~ and is not permanently affixed to the ground, sales display device, or structure. I b) Permit IRequired~ A business seeking to use or display a portable sign shall obtain ~ permit fromtheCityfor the period of display. Permits will specify the length of time the sign willbe displayed, location of the sign, and business applyb1gtouse the.sign. ( c) I..~~oJ {J~i:The. d.....ation~~ timea/¡>ortable sign can b~ located on a · property is limited to a maximum of sixty (60) days in any one calendar year. I " ,. . , . .. , ,.. ! I i I I 90 . . . I I I I I .. d) Size. Apo~table sign shall not exceed 50 square feet which accounts for all letters, nUlhbers and attachments; excluding material required.to support the sign. I I , I i Sign Removal,. AU signs notmaintained.andkept in good repair shall be subject to remo al upon direction 6fthe City BuildingInspector. I Subd.9: Yard C6ver. Every yard on a premise on which a dwelling stands .shall be provtdedwith lawn.or combined lawn cover of vegetation, gardens, hedges, shrubbery, and' relatfd decorativemate~ials and such yards shan be maintained consistent.with prevailing comrunity standards. ~lotor vehicles may not be left parked or unattended on or within a yard. Grass shall be maintained so not to exceed a height of 6 inches. I I I Sect on 52.21: B-1 CÆNER.A~L CENTRAL BUSINESS DISTRICT. 1 i Subd. 1. Intent. The Gifleral Central Business District has been established to -·"1 ene urage thecontinua~ion of a viable downtown by promoting uses dependent of high vol mesofpedestrian traffic; to provide for regulation of the high intensity commercial use located within the ¡briginalcore ofthe City; and, to encourage parks/greenspace in the do ntown. TheCentr3¡1 Business District provides space for concentrated general business and me~cial activities at locations where they are easily accessible to residential areas and, at the . e time, minimizing ~egativeimpacts to residential neighborhoods. I Subd. 2. PerrnittedUses. The following uses shall be perrnittedwithin the General Central Business District: I I a) Antique stotes. I ) ¡ b) Appliance stþres. ! c) Apparel shops. I ¡ I d) Artisan sho'ps. j I I e) Bakery goods, sales and baking of goods on premises. I I ! t) Barber,and beauty salons. g) Bicycle saIL andrepairs. I I I h) Book store~. I I i) Boutiques.! I I . j) Business/professional. offices. ! 91 i I . . . I i . k) Coffee shops. >1 I I 1) Farmersmark~t for the, sale of produce only. Notification an.d, the submittal of a plan to the Planning Commissipn is required. m) Financial inStirtiOnS{fuC¡:ding insùrance companies n) Florist. I I 0) Fruit, vegetab~eandmeat stores. i P)GoVermnODt tildin¡;S, q)-Neigltborheo¡d grocery and drug stores. ..¡/vt/) tiP¿/' I r) Neighborho~d,hardware ,.stores. ! i s) Hobby shops land gift stores. I ! t) Interior. desigpservices, including. floor and wall covering stores. u) Jewelry sales! and service. I I . I v) Laundry and;dry-cleaning services. i w)Library. j í x) Medical, opt~cal and dental clinics. I i y) Parks and Open Spaces. : i z) Pet shops, e*cluding kennel services. ! I aa). Photograph1sales. and repair. I bb) Record and~ideo states. ¡ cc)Restaurants~ coffee shops,exc1uding drive-in service. I j cid) Sporting gqods stores. i I ee} Other use d~termined by the Planning Commission to be of the same character as contained ih this Subdivision. I ff) Postal faciJities . I I ! I I i , 92 I ! I I . . . ! ¡ i I i) . gg) Other use detetmined by the Planning Commission to be of the same character. as contained in. thisSubdivision. Sub<i. 3, sºecialJ.es, Tbe following ùses sba.ll tequi~ a Special Use Permit based on the procedures set forth in Section 52.9 ofthis Ordinance. I i a) Convenience stores,. excluding fuelingJacilities. i I ! b) State licensed Hay care and nursery school facjlities provided that: 1. .AJeqUateoff~streetParking and loading is provided, and; I '. , . 2. The facility meets all State licensing requirements pursuant to Minnesota i Statutes 245A.02 and 45A.11. I ! 1 c) Motorvehicle service stations. d) Bars and liqubr stores. I e) Auto~, s~rvice and repair shops. ]1 . f) Mixed use o~ a Permitted Use and a multiple residential dwelling units; but only if at least 50% of ¡the interior square footage (exclusive of the basement or cellar) is used full time for ~ Permitted Use, and said permitted andiresidential uses are not conflicting. ¡The area consisting of multiple. residential dwelling units must meet the standards of Section 52.19, Subd. 5 and 6; and said residential uses occupy only the upper and/(~rrear portions of structures. Offstreetparkingrequirements shall be separately determined for the commercial and residential uses in accordance with Section 52.l~, Subd. 4. , g) Lodge. ! ! h) Commerci~l Planned Unit Developments. I i) Otheruses determined by the Planning Commission to be of the ,same character as contained irt this Subdivision. I Subd. 4.·Permitted Accessory Uses. The following uses shall be permitted as an A, cessory Use in the G.ooocal Central Business District. I . . I a) CommercÜil or business building for a use accessory to the principal use, not to exceed 50 percent of the principal structure. I ! b) Business identification signs as regulated in Section 52.14. . ! , I I 93 I . . . I . c) Temporary buildings for construction purposes for a period not to exceed construction.. '/ d) Off-streetloadlng and parking areas. I e) Signs that meet the criteria of Subdivision 9 of this section. I i I Subd. 5. Setback Requirements. I a) Front yard setbacks shall be ten (10) feet from the lot line,Jfthebuilding frontis located on MibnesotaStreet from College Avenue to Second Street Northwest, no I front yard set~ack is. required. b) Side yard setback shall be five (5) feet from the lot line. No structure shall be placed closer thél11 twenty (20) feet from the boundary of any residential district. lfthe building front is located on Minnesota Street from College Avenue to Second Street Northwest, nr. side yard setback is required. c) Rear yard setback shall be five (5) feet from the lot line, except: , 1; \\¡here a lofabuts an alley, the rear yard setback shall be ten (10) feet; ¡ 2. 'Yhere a lot abuts a residential district, the rear yard setback shall be . trentY(20) feet. Subd. 6. Height Requirements. Any portion of a structure shall not exceed 2Y2 stories or 35 feetin height. f i i Subd. 7.. Other Requirements. I i a) Before the issuél11ce of abuilding permit, allbui1dings constructed in the General Business Di~trict must have a landscape plan approved by the Planning Commission; b) Before.the¡~suance(>f a building permit aU blljldingscònstructed, Or undergoing exterior renovation or remodeling in the General Business District must have the exterior finish design and materials approved by the Planning Commission. i c) Where a us~ exists pu!suanttoaspecial usepermitinconjunctionwith a permitted use, there'1¡~ired parking shall be computed forthe..p~rmitted use and special use separatelYTithadeqUateparking required to satisfy both uses. d) No outdoor storage shall be allowed. I .' i Subd. 8. Site Covera2e.~?istructllre or combination of structures shall occupy . ore than 90 perc~n~oftheJot are~. I Subd.. 9. '.. Si2Js. 94 . . . I I · General Provisiorts. The following regulations shall apply to all signs in the Central Busi essDistrict: I a) Signs shal~ not be permitted within the public right-of-way or easements, except as erected by an official unit of government or public utilities for the direction df traffic or necessary pu»lic information. I I b) Flashing or rotating signs resembling emergency vehicles shall not be . .. ...·1 permitted; , I c) No sign shall be. placed that resembles any officialmarker erected by a I . .. . ........ .... ... governmental agency or shall display such wordsastlstop" or "danger". d) No sign sJallbepermitted to obstruct any window, door, fire escape, stairway 6ropeningintended to provide light, air, ingress or egress for any building or structure. I e) The own~r,.lessee or manager of any ground sign and the owner of the lan,d oDwhichlthe same is located shall keep grass or weeds and other growth cut and debris and rubbish. cleaned up and removed from the lot on which a sign is located. I · .. I t) Business ¡signs and name plate signs Which may be or may hereafter become rotted, ullsafe .or un~ightly shall be repaire(} or removed by the owner or lessee of the property upon which the sign stands ,upon notice by the Building Inspector. I I g) Where a( sign is illuminated, the source of light shall not shine upon any part of a residenc.e or into a RESIDENCE DISTRICT or any roadway. I h) No sign~hanbe of such a nature or placed in such a position thatitwill cause danger,'o traffic on a street. i) No, sigh,S shall violate the front, side or rear yard requirements. I i j) No adver~isingsigns or billboards are permitted. Special and TJmporarYSi2nS a) One (l)j identification sign not excee4ing thirty-five (35) square feet in area forthe following uses: church, school, or shnilar uses. Such signs shallbe solely for the name and of the use and its, activities and may be illuminated' . but no~ flashing. · 95 . . . I I I . b) Tetnporaryi signs advertising a new subdivision development limited to the following: (1) maximum size shall be thirty-two (32) square feet in surface area, (2) m~ximum height of fifteen (15) feet aboveground level. I ) c) 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 I exceed six (6) square feet. d) Temporary signs of contractors,architecfs,mechanics, special events and ~rtisans a~e permitted, provided that such signs shall be removed promptly uponcom,letionofthe work and further provided that such signs shall not exceed thirty-two (32) square feet inarea. I i Portable Si2ns.. i i I I a) 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.! b) PermitRéquired. Abusiness seeking to use or display a portable sign shall obtain a permit from the City for the period of display. Permits will. specify the lengt~ of time the sign will be displayed, locationofthe sign, and business . applying ¡to use the sign. I c) Length of Use. Thedurationoftimea portablesigIl can be located on a property is limited to a maximum of sixty (60) days in anyone calendar year. d) Size. A portable sign shall not exceed 50 square feet ",hich accounts for all letters,nµmbers and attachments; excluding material required to support the sign./ Business or Commercial Si2ns I a) ThatthJ area on one side of all such signs erected on one street frontage of anyone ¡premises, shall not exceed fifty (50) square feet. I i b) Such sign except a directional sign,is erected OIlly on the premises on which the use,:to which the sign relates, is conducted. c) Notwiths,tandingthea~ove, where two or more separate and individual commercialoj)erations are conducting business in separate areas of a single buildinglo~ strucÍ\ue,in. which each operation' owns or leases separate and individual premises, butshare in the use and maintenance of common areas within o~around the structure, then and in those circumstances, each . individu)lll business operation may be permitted to display an individual bus,iness!signas.provided in.'subdiyisions. a). and b), except that said sign must I be directly attached tothatpa..ticular premises actually occupied by.the 96 I . . . I i I · business.operation.towhich the sign relates. In addition 'to these.individual business sign1s, the combination of business operations occupying the I structure, may maintain a 50 square foot sign detached from the structure I identifying the structure, the individual business operations locatedth~rein; or other refere~ce to the combination of business operations located within the structure. I I I I Sign Removal. All signs not maintained and kept in good repair shall be subject to remo al upon direction qf the City Building Inspector. i I Subd.l0:DevelopmentPlan Requirements. No building permit shallbe issued until the Panning Commis,sion approves the Development Plan to determine that the use and deve~opment is.colllpatnÜe with and complementary to adjacent land uses, and consistent with he stated intent OfJhiS zone. The developer shall provide the following items to the Plan ing Commission fi rany development located in the Central Business District: I a) Building I~cation on the lot, drawn to scale. b) Building elevations; front, rear and side. c) Building ~xterior materials and color. d) Location$ of ingress and egress points. e) Dumpstet'and solid waste pick-up areas and proposed screening material. · 1) Sign location and dimensions. g) Lighting~tandard and hood detail. h) Parking~nd 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. I) Fire hydrant and fire lane locations. I m) Utility 11cations. n) Any othfr fencing, screening, or building accessories to be located in the development area. I Subd.ll.Additional Requirements. Uses maybe subject to additional re~uirements contain~din this Ordinance including, but not limited to the sections go erning parking, home occupation, floodplain, signs, etc. · 97 I . . . · sectiOi,52.22. - B-2 HIGH~AY 75 BUSINESS DISTRICT. Subd. l:Intent. Th~Highway 75 Business District is intended to control the use and deve¡ pment of land and irµprove¡nents bYct'eating a mixed landwe district near andadjacentto the C ¡unty State Aid Highway 75 corridor in the City ofSt. Joseph. This shall be done by a 1l0.W....~,l."gD.O r am.ixture..O,f.l,.an,..ld,use".s.a n.dbY. esta, bl.iSh i..n. g s tn'n g ent"s tan. d.' ar.,d.s"""fo"rd.ev. elop.m e,n t. This sectio shall be administer~d in a manner which will encourage and promote high-value devel 'pment in a manner¿imilar to a planned unit development, taking full advantage of the City' highway location. It is also the purpose of the Highway 75 Business District that a pleas nt, attractive,andaeisthetically pleasing environment be developed. Subd, 2: PermittedUses.Thefollowing uses are permitted: a) BDSineSSSrces: , ". 1. Banks . .:> ..J.- 2. Off).ce space {-rr! (¡" ~ }-;.,...., Pestalstations (ma): wi".. to consider guiding fnturepost offices t9-, -m.WfttoWIïãiea). J b) Food ServiceJ I 1. Grocery stores · 2. S~permarkets 3. Restaurants, except drive-thrurestaurants 4. Delicatessen 5. B~keries whose product is sold at retail on premises I c) Personal sfces 1. ¡Drug stores 2. Hardware stores 3. ~ook stores 4. :Qiscount ('Big Box') retail stores 5. ~etail apparel stores 6. F¡lowershops 7. ~eauty shops and salop.s 8. p¡hotography shops and studios 9. Funeral homes I ! d) Medical Services: I I 1. Medical clinics I 2. Dental clinics I 3. f eterinary. clinics · 4; pther institutions providing health care. I I i 98 I I I I I . . . " I I i ¡ , i · e) Fanners Marke~ for the sale of produce only. Notification and the submittal of a plan to thePlanning;Commissionlis required. I : I ... I t) Movi<canø"-r0pning1Tlieaters. g) Other ,use determined by the Planning Commission to be of the same character as contained irithis Subdi~ision~ ! ' , , , Subd.3:PermittedAccessory Uses. The following uses shall be permitted as an Acce sory Use in the High\Vay75 Business District and subject to allthe requirements in this Secti n: , , I a) Commercial or businessbujIding for a use accessory to the principal use, not to exceed _p,rcent of the principal structure. i .>1 b) Businessidenfification sigrisas regulated in Section 52.1'1 Signs which meet the criteria of Subdivision 9 of this section. , c) TemporarybJildings for construction purposes for a period not to exceed construction. d) Off-street loa~ing and parking areas, subject to applicable section(s) of this · Ordinance. i ¡ e) Fences, land~caping. i Subd. 4: Uses Urider Special Use Permit. The following uses shall require a Special Use Pe it based on the pro¢edures set forth in Section 52.9 ofthis Ordinance: i " I I a) Auto malls ~nd/or automobile service and gas stations, provided that: 1. ~otor fuel facilities are installed in accordance with state and city I standards. i 2. KdeqUate space shall be provided to access gas pumps and allow Ìnaneuverability around the pumps. Underground fuel storage tanks I~re to be positioned to allow adequat~ access by motor fuel transports and unloading operations minimize conflict with I ;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)maybe an · accessory structure ,on the property; however, adequate visibility both on and offsite shall beimaintained. 99 . . . , . 5. An in,' ternal site. pedest.rian CirCulation. system shall be defined and app~opriate provisions made to protect such areas from enc~oachments by parked cars or moving vehicles. b) Jnoostrial anti o(fice warehousing. ! c) Lawn and garden temporary sales area. I I d) Lumberyardsavd home improvement retail centers. ! e) New or used auto dealerships. I t) Stone building material sales and service. g) Recreational v¿hic1e sales and services. h) Transportation terminals, public utility and transfer stations, without storage yards. i) Equipment Se1jVices: ; Radio ~d television shops Appliance repair shops AppliaPce show rooms . j) Recreational Services: I ,I Theaters BoWli~g establishments Clubs! and lodges k) Hotels I I 1) Motels I '~{~..I m) Driv, e-,J-and C,on, venience food establishmen, ts, provided tha, tan int, ernal site I . pedestrhmcirculation system shall be defined and appropriate provisions made to protect s~ch areas from encroachments by parked cars or moving vehicles. ! n) Commerci3¡1 car washes. (drive through, self-service and mechanical) provided that stacki~gspace is. constructed, subject to. approval by the City Engineer, to accommodate that number of vehicles which can be washed during a maximum thirty (30) fuinute period. I I 0) Convenienqe Store with gasoline, provided that: I ! I 1. ~he sale of food items isin compliance with state and county standards and subject tofhe approval of a Health Inspector who shall . provide specific written. sanitary requirements for. each proposed sale location. 100 I . . . I I I ! . 2. The ;approximate area and location devoted to non-automotive merchandise sales shall be specified in general terms in the I app~ication. i 3. Motor fuel facilities are installed in accordance with state standards. Ad~quatespace shall be provided to .access gas. pumps and allow marieuverability around the pumps. Underground fuel storage tanks are ;to. be ¡>ositioned to allow adequate acc.ess. by motor fuel. t~ansports an~ unloadingroperations minimize conflict with circulation, access and other activities on the site. 4. wJ~rever fueLpumpsare to be iustalled, pump islånds shaD be installed. 5. AJ:~tectlVeeaI\OPY 10e.ateci over. the pumpi~land(s) may be an ac~essory structure on the property however adequate visibility both onlandoffsite.shall be maintained. 6. Arl internalsite pedestrian circulation system shall be defined and apþropri~teprovisions made to protect such areas from eneroachmentsbyparked cars or moving vehicles. i . p) Uses detehnined tobeofa similar nature as thosepennitted under Subd. 1, upon a finding that the useswill not be detrimental to the health, safety and welfare of the City, ~nd that the use is consistent with the stated intent ofthe zone as contained in Subd. 1. I I Subd.5: Conditions AppUcableto All Special Use Permits. The following co ditions are applica~le to all uses under a special use permit: I i a) When a~uttinga residential use in a residential use district, the property is I adequat~ly screened and lan.dscaped. I I b) Parkingl areas shall be screened rromthe view of abutting residential districts~ I c) V ehicul~r access points .shall be limited, shall create minimal conflict with I througlj traffic movements, shall comply with all appropriate Chapters of this Ordinance as maybe amended and shall be subject to the approval of the,City Engineer. . i<. 'cA~dj/ ði·/-Y d) proY~iim.aremadetoeontr~l";d reduee noise.\I:¡.-. ~lA ,1f"er<i I l(jð'f~ (e ·.e1(c-e.p¿l ¡YJ t:.:/ A~: J e) J=ì CIl"'1(;;( . The entire site other than thattaken up by.aþuilding,structure or plantings shall b¿surfaced so as to control dust subjectto the approval of the City E . ¡ ngmeer. I 101 I . . . i ; , · I 1) The.entire ~rea shaUhave a drainage system subject to the approval of the I City Engin~er. i j g) The archit~ctural appearance and functional plan ofthe building and site shall not be, so dissimilar to. the existing buildings or area so '. as to . cause I . impairment in property values or constitute a blighting influence within a I ,,'. ' reasonable distance of the lot. I i h) All outdo,r storage shall be completely screened from view. Subd. $ 6: SetbacJ Requirements. I I a) LotSize:iMinimum lot size is 10,000 squarefeetwith a minimum width of 100 feet. I I b) Property Jdjacentto County State Aid Highway 75 shall.have a ten (10) foot landscapeâ setback from the highway right-of-way line. Any structurëshall have I a twenty (20)footsetback from the highway right-of-way. i I c) Front yard setback shall be twenty (20)feet from the lot line. I i · d) Side yard setback shall be ten (10) feet from the lot line. If the property's side yardis adjacent to County State Aid Highway 75, the setback shall conform to Subd.5 (~).ofthis Section. I I e) Rear yard setback shall be ten (10) feet from the lot line, 35 feetif abutting a residential district. I I I Subd. 6: Height Requirements. I a) Any port~onofastructure, shall not exceed ~ 3 stories or ~ 40. feet in height. I < I Subd.7. Site Coverage. No structure or combination of structures shall occupy I more than 60 percentofthe lot area. I I I I Subd.+8: Other Requirements. I , I a) Parking Lots: All parking lots shall conform to the standards set forth in Section 52.14 Subd. 4 and Subd. 5. All lots shall include parking controls and other landscaping techniques to improve their aesthetic quality and to direct the flow of traffic. I b) LoadinkDOCks:Állloading dockssÌiall confO,fIt1!'!the standards sOt forth in Sectionl52.14 Subd.6. No loading docks or overhead doors shall directly face · I County I State Aid Highway 75. I i 102 . . . I I I i i I . c) Building E~teriors: Acceptable building materials shall include brick, stone, tip- up concrete panel, decorative concrete block or glass.· Wood siding, plastic' and other combustible materials not listed as acceptable shall not be used for building exteriors. Atchitecturallyapproved stealis acceptable provided that atleast fifty percent (50%) of the building (excluding windows and doors) consists of brick, stone, tip-up concrete panel, decorative concrete block and/or glass. Any buildings u*dergoing ren~vation, repair or an addition, so as to require the issuance of'a building permit, shall be brought into conformance with this subsection ~tthe time the repairs, renovations or addition are completed. I I I 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 I Planning Commission. e) Lig:tlng;~llighting shå\l be hooded and no light may c1irectlystrike County State AidJ;Iighway.75 or areas outside, ofthedevelopment. I f) Stops and! Curbs: Concrete curb to B-612 specifications shall be used for all automobil~,stops and for all drive and parking areas. I I g) Landsca~ing: In addition to requirements relating to parking lots,. the Develop~ent Plan shall show a unified landscaping scheme for the development. I . I h) Signs: Altproposedbusiness signs shall be a element of the Development Plan. All signs shall conform to the Section 52.U Subd. 7 through Subd. 13 Subd. 9 of this Ordirlance Section. i Subd. 8: Development Plan Requirements. No building permit shall be issued until the PIa ing Commission aþproves the DevelopmentPlan to determine that the use and detPmentis compa~b1eWith ~dcOmPleme!1tary t?~j=t land uses, and consistent with the stated intent of this ione. The developer shall provide the following items to the Planning Co mission. for any deyeloPl11ent located in the Highway 75 Business District: I a) Buildingilocation on the lot, drawn to/scale. b) Building! elevations; front, rear and side c) Building exterior l11aterials and color. d) Locations of ingress and egress points. e) DumpstJr and solid waste pick-up areas and proposed screening material. f) Sign .loc~tion and dimensions. g) Lightingstandard and hood detail. h) Parking iandloading areas identified. i) Drainagþ by the use. of arrows and/or contours. j) Screening of heating, ventilation and air-conditioning equipment. k) Landsc~pingmaterialinc1uding the location, type of plant and size. 1) Fire hydrant and firelane locations. . I m) Utility locations. I I ¡i i 103 I I ! I i ¡ i I i . . .. i . ) Any other fencing, screening, or building accessories to be located in the development I årea. ! Subd. .9.Si2ns. ! I I I GenerålProvisions.. The following regulations shall apply to 'all·signs in the B-2 Distri t: I I a) Signs shall µot be permitted within the publicright-of..,way or easements, except as e~ected by an official unit of government or public utilities for the direction of traffic or necessary public information. ,) b) Flashing o~ rotating signs resembling emergency vehicles shall not be permitted~i c) No sign sh~n be placed that resembles any official marker erected by a. governmental agency or shall display such words as "stop!'·or "danger". d) No sign SIl~1 be permitted too~strUctany",in~o"', door ;rU'e esc~pe, stairway Q1r opening intended to provide light, air, ingress or egress for any building o!rstructu.re. . e) The owner, lessee or manager of any ground sign and the owner of the land on whichJhesame is 10catedshaUkeepgrass or weeds and other growth cut anddebr!sand rubbish cleaned up and removed from the lot on which a sign is locatedf 1) Business~ignsand name pláte signs which may be or may hereafter become rotted, urisafe, or unsightly .shall be repaired or removed by the owner or I lessee of the property upon which the sign stands upon notice by the Building Inspector. I g) Where a!signisilluminated, the source ofligl1t shall not shine upon any part of a residence or into a RESIDENCE DISTRICT or any roadway. J I h) No sign~hall be of .such a nature or placed in such a position that it will cause I danger to .traffic on. a street. I r) No signs shall violate the front, side or rear yard requirements. I I I s) . No advJrtising signs or billboards are permitted. Special and TeLporary Si2ns ! . a) One (1)1 identification sign not exceeding thirty-five (3S}square feet in area I for the following uses: church, school, or similar uS,es. Such signs shall be i 1: 104 i . . . . solelyforthf name and ofthe use and its activities and may be illuminated but not flas~ing. b) Temporary (signs advertising a new subdivision development limited to the following: " ~1) maximum size shan be thirty-two (32) square feet in surface area, (2) maximum height of fifteen (15) feet aboye ground level. ! I c) Realestate~igns, including signs advertising the sale or rental of premises, are permitt~d provided the area on one side of any such signs shall not exceed six (6) square feet. I d) Temporary signs of contractors, architects, mechanics,specialevents and artisans are permitted, provided that such signs shall be, removed promptly upon comnletion of the work and further provided that such signs shall not exceed thi~ty-two (32) square feet in. area. Portable Si2ns. i a) Definitionl, A portable sign is one that is movable from one location to another a¥d is not permanently affixed to the ground, sales display device, or structure.¡ . b) P~r",it J,Uired,!\bUSiness.seekiJ1gtoùse or display a portable sign shall obtainanermitfrom the Cityfor the period of display. Permits will specify the length of time the sign will be displayed, location ofthe sign, and business applying to use the sign. c) Length of Use. The duration of time, a portable sign can be located on,a property lis limited to ,a maximum of sixty (60) days in anyone calendar year. I d) Size. A ~ortable sign shall not exceed 50 square feet which accounts for all letters, nhmbers and attachments; excluding material required to support the sign. I Business or Commercial Si2ns a) That th~areaononesideofall such signs ere,ctedonone street frontage of anyone Ipremises, shall not exceed fifty (50) square feet. b) Such siJnexcept a directional sign', is erected only on the premises on which the use,!towhich the sign relates, is conducted. I c) Notwitl1standingthe above, where two or more separate and individual comm~rcial operations are conducting busines~ in separate areas of a single . buildirlgor structure, in which e~ch. operation owns orleases 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 I 105 I I I I i I I I j I I . . . I . individualþusiness 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 busine~s operation to which the sign relates. In addition to these individuallbusiness signs, the combination.ofbusiness operations occupying the structg.re, may maintain a 50 square foot sign detached from the structure ~dentifying the structure, the individual business operations located therein, or other reference to the combination of business operations located within the structure. I ! i Sign Removal.· ~llsigns not maintained and kept in good repair shall be subject to remo al upon, direction of the City Building Inspector. Section 52.23 - BJ3 GENKRA.{,BUSINESS DISTRICT. , Subd.. L Intent. ¡The GeneralBusiness District provides spaceJorconcentrated gene al business and commercial activities at locations where they are easily ,accessible to resi ential areas and, a~ the same time, minimizing negative impacts to residential oeig borhoocls.¡ Subd. 2. Permitted Uses. The following uses shall.be permitted within the General Bus ·ness District: i . a) A.pplianc~ stores. b) Apparel shops. c) Barber aµd beauty salons. d) Bicycle sales and repairs. I e) Business~professional offices. t) Financial institutions, including insurance companies. g) Florist. ,! h) Fruit, vegetable and,meat stores. i) Government buildings. j) Groceryland drug stores. I k) Hardware stores. I) Interior ¡design services, including floor and wall covering stores. m) Retail malls. n) Medical~ optical and den tal clinics. 0) Office p~rks. p) Parks and Open Spaces. q) Photog~aph sales and repair. r) Record 'and video stores. s) Restauf¡ants, coffee shops, excluding drive-in service. t) Sportin~ goods stores. u) Other.usedetermined by the Planning Commission to be of the same character as contained in this Subdivision. · 8obd. 3. 8pedll Uses. ThefollowiJlg usessltall reqoitea 8peeialUse Penoitbased 106 I . . . I I I i j . on th procedures setfor~h in Section 52.9 ofthis Ordinance. L· tIndJstrial and office warehousing/production provided retail and/or owroomlsquare footage exceeds 30 percent of the industrial wa ousip.glproduction square footage. b) Lumber yards' and. home improvement retail centers, provided outdoor storage stándards. are achieved. w · sl' .,' .'. s. I ./ d) Transportation terminals, public utility and transfer stations, without storage y~rds. ¡ e) Equipment Services: 1, ~diOand.television shops 2~ Appliance repair shops 3. A~pliance show rooms 1) RecreatiQnal Services: I I 1. Theaters . 2. Btwling establishments 3. Cubs and lodges I g) Hotels/Motels ~~t h) Drive-~ i nd convenience food establishments, provided that an internal site pedestrian circulation system shall be defined and appropriate provisions made to Iprotect such areas from encroachments by parked cars or moving vehicles.! i) Commefcial car washes (drive through, self-service and mechanical) provided that stacking space is constructed, subject to approval by the City Enginee1r, to accommodate that number of vehicles which can be washed during ~ maximum thirty (30) minute period. I ... ~--- I . j) ( ~ll.e..s. convenrence Store with 0 ine, provided that: 1. the sale of food items is in compliance with state and county standards ånd subject to the approval of a Health Inspector who shall provide specific written sanitary requirements for each proposed sale location. I . .: . ..... . . I 2. The approximate area and location devoted to non-automotive . ~erchandise sales shall be specified in general terms in the åpplication. 107 . . . I I I I : , r . 3. Motor fuel facilities are installed in accordance with state standards. ! 4. Adeguate space shallbe provided to access. gas pumps and allow man;euverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and!unloadingoperations .Itlinimize conflict with circulation, access andlother activities on the site. 5. Wh,~rever fuel pumps are to be installed, pump islands shall be insfalled. I 6. AJ,rotective canopy located over the pumpisland(s) may be an acc~ssorr structureonthe property however adequate visibility both on ~nd off site shall be maintained. ! 7. An! internal site pedestrian drculationsystemshallbe defined and appropriate provisions made to protect such areas from ençroachments by parked cars or moving vehicles. I k) usesdetetmined to be of a similar nature as those permitted under Subd.J, upon a fi~ding that the uses will not be detrimental to the health, safety and . welfare of the City, and that the use is consistent withíhe stated intent of the, zone as contained inSubd. 1. I Subd.4. Permitted Accessory Uses. The following uses shall be permitted as an Accessory Use in the GtmeralBusiness District. a) commeJcial~rb~.sine~s bu!Idingfora use ~cCessòryt~·íl1e prln~ipål use,not I to exc.eel' ~ ...percent of the principal structure. b) Busines~identification signs as regulated in Subdivision 11 of thÎs Section. Ii ,i c) Temp()r~rybuildings for construction purposes for a period not to exceed I construction. I e) Off-street llading and parking areas. I e) Signs.wþich meetthe,criteria in Subdivsionl1 ofthisSection. Subd. 5: Lot Size. Minimum lot size is 10,000 square feet with a minimum width of 100 feet. I Subd. 6: Setbacks. . ~ I I I I I 108 I I I ¡ ¡ I I i . . . I , I I . a) Property adjacent to County State Aid Hi2hway75 shall have a ten (10) foot landscaped! setback from the highway right-of-way line. All structures shall have a tweq.ty(20) foot setback from the highway right-of-way. I b) Front yardlsetback shall be twenty (20) feet from the lot line. c) Side yard s'etback shallbeten (10) feet from the lot line. If the property's side yardis adjacent to County State Aid Highway 75, the setbackshall conform to Subd. 5 (a) of this Sectioll. d) Rear yard ¡setback shall.beten(10) feet from the lot line, 35 feetifabutting a residentiall district. ¡ Subd. 7: Height Requirements. No portion of any structure shall exceed 3 stories or 40 fe t in height. ¡ Subd.8: Site Coferage. No structure or combination of structures 'shall occupy than 60 percent oflthe lot area. Subd. 9: Other Requirements. I a) Parking ~ots:' All parking lots shall conform to the, standards set forth in . Section 5f.14 Subd. 4 and Subd. 5. All lots shall include parking controls.and other lan~scaping techniques to improve their aesthetic quality and to direct the flow lftraffic. b) Loading Docks: All loading docks shall conform to the standards set forthin I S~ction 5~.14 Subd. 6. No loading docks or overhead doors shall directly face County S:tate Aid Highway 75. c) Building:Exteriors:Acceptable building materials shall include brick, stone, tip~up concrete panel, decorative concrete block or glass. Wood siding, plastic a~d other combustible materials not listed as acceptable shall not be ~~ used for building exteriors. Architecturally approved steal is acceptable provided that at least fifty percent (50%) of the building (excluding windows and doors) consists of brick, stone, tip-up concrete panel, decorative concrete block anld/or glass. Any buildings undergoing renovation, repair or an addition~ so as to require the issuance of a building permit, shall be brought into conformance with this subsection at the time the repairs, renovations or addition: are completed. d) SCl."eeniJg: All heating, ventilation and air conditioning equipment, and refuse storage areas shall be screened and in a suitable location as determiµed by the Planning Commission. . e) Lighting: All lighting shall be hooded and no light may directly strike County¡State Aid Highway 75 or are.as outside of the development. 1 109 . . . i , , . i 1) Stops and durbs: Concrete curb to B-612 specifications shall be used for all I automobileistops and for all drive and parking areas. g) Landscaping: In addition to requirements relating to parking lots, the Developmeµt Plan shall show a unified landscaping scheme for the development. I I h) Signs: All proposed business signs shall be an element of the Development Plan. All signs shall conform to the Subd. 11 of this Ordinance. I ¡ Subd. 10: Develo~ment Plan Requirements. No building permit shall be issued until the Panning Commission has reviewed the Development Plan to determine that the use and evelopment is compatible with and complementary to adjacent land uses, and consirtent with the stated intent of this zone. The developer shall provide. the following item~ to the Planning C6mmissionforanydeveløpment located in the B-3 GeneralBusiness Distr· ct:, ! a) Building løcation, on the lot, drawn·to scale. b) Building ~levations;front, rear and side. c) Building exterior materials and color. d) Locationslofingress and egress points. e) DumpsteJ) and solid waste pick-up areas and proposed screening material. 1) Sign location and dimensions. . g) Lighting $tandard and hood detail. h) Parking Jndloading areas identified. i) Drainage/bY the use of arrøws and/or contours. j) Screening of heating, ventilation and air-conditioningiequipment. k) Landscaping material including the location, type of plant and size. I) Fire hyd~ant and fire lane locations. m) Utility locations. n) Any oth~rfencing, screening,ør building accessories to be located in the development area. I Subd. 11. Si2nsJ General Provisions. The following regulations shall apply to all signs in the B-2 District: I' a) Signsshåll nofbe.permitted within the public right-of~way or easements, except a~ erected by an official unit of government or public utilities for the directioh of traffic· or necessary public information. I I b) Flashing or rotating signs resembling emergency vehicles shall not be permitted. c) No signl shall be placed that resembles any official marker erected bya . govern~ental agency or shall display such words as "stop" or "danger". 110 . . . I , . (I) NosignshaU be permitted to obstruct any window, door, fire escape, I stairway or ~pening intended to provide light, air, ingress or egress for any building or ~trncture. ! e) The owner, lessee or manager of any ground sign and the owner of the land on Whichth:~same is located shall keep grass orweedsand other growth cut and debris and rubbish cleaned up and ,removed from the lot on which a sign is located.i 1) Business signs. and name plate signs which may be .or may hereafter become rotted, unsáfe or unsightly shall be repaired or removed by the owner or lessee of th~property upon which the sign stands upon notice by the Building Inspector. 'I I g) Where a sign is illuminated, the sourceofJight shall not shine upon any part of a resideµceorinto a RESIDENCE DISTRICT or any roadway. , 1 h) No signsh~ll be of such a nature or placed in ,such a position that it will cause danger to traffic on a street. I I I t) No signs sballviolatethe front, side or rear yard requirements. I u) No advertising signs or billboards are permitted. . ! Special and Temporary Si~ns I a) One(l) i4entification sign notexceedingthirty-five(35) square feet in area for the following uses: church, school, or similar uses. Such signs shallbe solely forlthename and ofthe use and its activities and may be illuminated but not flashing. I I I b) Temporaty signs advertising a new subdivision· development limited to the I following: (1) maximum size shall be thirty-two (32) square feet in surface area, (2) maximum height of fifteen (15) feet above ground level. I c) Real est~te 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. I d) Temporary signs of contractors, architects, mechanics, special events and artisans ,are permitted, provided that such signs· shall be removed promptly upon co~pletion of the work and further provided that such signs shall not exceed titirty-two (32) square feet in area. portablesi~nJ . I I I i 111 . . . · ) Definition., A portable sign is one that is movable from oneJocation to another andlis not permanently affixed to the ground, sales. display device, or structure. ! i b) Permit Required. A business seeking to use or display a portable sign shall obtaina pe~mit from the City for the period of display. Permits will specify the length ottime the sign will be displayed, location ofthesign,and.business I applying to ¡use the sign. i c) Length of Use. The.duration of time a portable>sign can be located on a I property is/limited to antaximum of sixty (60) days in any on.e calendar year. ; d) 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.: i I Business or Comiliercial Si(!ns a) Thatthe Jea on one side. orall such signs erected on one street frontage of any one p~emises, shall not exceed fifty (50) square feet. i b) Such signiexcept a directional sign, is erected only onthe premises on which I · the use, t~ which the sign relates, is conducted. r I h) Notwithstanding the above, where two ot more separate and individual commercial øperations areconductingbusinessin separate areas of a single I building or structure, in which each operation owns or leases separate and individual premises, but share in the use and maintenance of co mill on areas within or ar6und 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 ~hat 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 a50 square fo()t ~igndetachedfr()mthe structure identifying the structure, the individual b:usiness operations located therein, or other reference to the combinatiort of business operations located within the structure. I I I Sign Removal.! All signs not maintained and kept in good repair shall be subject to re I oval upon directi~n of the City Building Inspector. I Section 52.24 - LI-LIGHT INDUSTRIAL DISTRICT. I ¡I Subd. 1: Intent. I The Light Industrial District provides space for industrial activities · in olving.a minimum gegree ofrefusebyproducts and air or noise pollution,. and requiring a re atively low level ofpn-premise processing. These activities may include, secondary c mmercial fun91ionS[hkh art) conducted on site, 112 I . . . I I · Subd.,2: Permitted Uses. The following use shall be permitted within the LI-Light Industr al District: ! ! i a) Assembly p~ants and manufacturing enterprises ofawide variety of products that do not cause noxious odors or noise, including excessive users of water and sewer. Exafuples of such uses include: fabrication or assembly of small products srichas opticals, electronics, pharmaceuticals, medical supplies and small equiPment. b) Publishing ;establishments. c) Clothing or apparel manufacturing or assembly. d) Business in~ubator facilities. e) Bottling establishments. 1) Drycleani~g and drying establishments. g) Manufacturing/assembly of crates, boxes, baskets, furniture, veneer, cabinets a~d similar word. items. h) Buildingtriaterials sales and storage/lumberyards. i) Manufactrl.ring of plastic, fiberglass and metal products. I _·,·-t~. k) Major auÚmlOtive repair. 1) Offices/sh9Wfoom/retailspace as aportion oftheprincipalindustri.al use provided they do not exceed a coinbined 25 percent of the total square footage of the I · principal use. m) Elestrenis! appliance assembly and warehousing. n) Industrial research laboratories. 0) Manufacütring of small electrical parts and service. p) Newspap¿r and printing plants. q) Te1ecomniunication facilities, base stations. r) Telemark¿ting and mail order establishments. , s) W arehou~ing, of non-explosive material and equipment within the structure. t) Wholesal~ or distributor storage and distribution of non-hazardous materials. ) U: !"~ I v\ I ~fk V't'-W . Sf' Sub~. 3: Permitted Accessory Uses. The following uses shall be permitted as an Accessory Use in t, e Light Industrial Districtand subjecttothe all the requirements in this Section: ( I I a) Restaurant, lunch counters, confectioneries to serve the employees employed within the District. I b) Residential structures and related residential uses necessary for security and safety I reasons' in relation to the principal use. c) Off-stre~t parking and off-streetloading. d) Outdo()t storage as regulated in Section52.14,Subd.15. e) Office accessory to the principal use. t) Business identification signs' as regulated in Section. 52.1 '1. Subd. 11. g) Temponlrybuildingsfor construction purposes for a period not to exceed a period t· .' . .'. ", of 12 months. · f S bd.4: Uses Under Special Use Penriit.The following uses shall require a Special Use Permit I I .! 113 i I I ! I I I I I I . . . I I i - based lthe procedures set forth in this Ordinance, - a) '..' . Adult Entertainment as regulated in Section 52.14 Subd. 20 ofthis Ordinance. Ð) C€lßlßl8feial !aetv.'itiis Wri€ti?' relating t9 a ~FeOO€t ~r€looeeà €Ill site. c) Commercial ¡activities relating to production systems, structural maintenance programs or the construction industry. d) Service strudtures, public or private, designed and used to serve the uses in the surrounding I area, such as, electric power substation,. telephone buildings, deep wells, elevated tanks and similar structures and uses. I e) Commercial/Industrial Planned Unit Development. f) When pr()p~rty within a Light Industrial District abuts County State Aid Highway 75: 1. Motels 2. Gasbline service stations I 3. Restaurant or supper clubs 4. Drite-in establishments I 5. Open sales or temporary rental lots ¡ ! Subd. 5: Lot Area Requirements. ~~'~":=~~~$~t:~-:'~.~~i\:~~~::r . <I.(~. (h. 1.( h~ .u~ei...t or.. I. oIl.w lB. eo..,¡,yGljo.. ...<1. GIjII.O"~'7' "itIotlt. r@EilÚremeRts of this Oràij¡QR€e. MinfmumLot Size: On:e (1) acre (43,560 square feet). Minimumlot width one hundred (1001 feet. i , , i Subd. 6: Setback Requirements. I I i Front Yard Setbacks: I a) Front yar~ setbackshall be thirty (30) feet from the lot line. On corner lots, the setbackft;omalllotlinesabutting a street shall be thirty (30) feet. When an industrial district lot is separated from a residential zone by a city street, the I setbackifomthe lot line. shall be one hundred (100) feet. I b) Front yards abutting. any roadway: the setback. shall be landscaped as in accordan:ce to the requirements of any applicable protective covenants and such reasonab'lerequirements as established by the Planning Commission, and shall not I.." be used · for parking. I Side Y ard Setb~cks: a) Side ya~d setback shall be at least tea (1 Q}twenty-five (25).feetfrom the l()t)ine. ! i . b) A Lighti'¡ndustriaLDistrict sideyardadjacentto a residential boundary line shall providel for a landscaped strip of at least sixty (60)feetin width along the lot I 114 i i ¡ I I I I I , I I i . I . . I . boundary lin~.Aportionofthis landscaped strip shall be planted to provide a screen. The governing body may require additional side yard setback in these cases. Whenl such additional width is required, such additional width shall not exceed one ~undred(lOO)feet and paring in this area will be permitted. I I c) Side yard bqarding upon any roadway: the setback shall be landscaped in accord.ance )vith any applicable protective covenants and such reasonable requirement,s as established by the Planning Commission. Rear Yard Setback: a) Rear yard setback shall be at least twenty (20) feet, which may be used for I parking. I I Subd. 7: Height Rdquirements. a) No bUildin~constructed in any Light IndustrialDistrict shall be more than fifty- five, (55) fe;et in height. , Subd. 8: Site Co~era2e.Nostructure or combination of structures shall occupy mor than 50 percent of it he lotarea. I . Subd. 9: Other Requirements. , a) Parkingt+ots: All parking]ots shall conform to the standards set forth in Section 5f.14 Subd. 4 and Subd. 5. All lots shall include parking controls and other landscaping techniques to improve their aesthetic quality and to direct the flow of traffic. I ! b) Loading :pocks: All loading docks shall conform to the standards set forth in Section 5f.14 Subd. 6. Noloading docks or overhead doors shall directly face County State Aid Highway 75. , c) Building ¡Exteriors: Acceptable building materials shall include brick, stone, I tip-up cO,ncrete panel, decorative concrete block or glass. Wood siding, plastic a*d other combustible materials not listed as acceptable shall not be used for ¡building exteriors. Architecturally approved steal is acceptable provide<i that at least thirty percent (30%) of the building (excluding I window~ and doors) consists of.brick, stone,tip-up concrete panel, decorative concrete! block and/or glass. Any buildings undergoing renovation, repair or an addition, so as to require the issuance ora building permit, shall be broughtl into conformance with this subsection at the time the repairs, renovations or addition are completed. I I I d) Screening: All heating, ventilation and air conditioning equipment, and . I refuse storage areas shall be screened and in a suitable location as I determi¡ned by the Planning Commission. 115 i I i I I ! . . . I I . 1 e) Lighting: AU lighting shall. be hooded and no light may directly strike County St~teAid Highway 75 or are,as outside, of the development. t) Stopsandþurbs: Concrete curb to B-612 specifications shall be used for all automobile stops and for all. drive and parking areas. I ¡ g) Landscap~ng: In addition to requirements relating to, parking lots, the Development Plan shall. show a unified landscaping. scheme for the I developm~nt. h) SjgnS:AI~P~9~9Sed.hÛslness signs shaJj he an elementofthe Development Plan. AU signs· shall. conform to the requirements of~ubd.l1. I Subd.l0: DeveldpmentPlan Requirements. No building permitshaU be issued until the lanning Commissipn approves the Development Plan to. determine that the use and dev lopment iscompat,ble with and complementary to adjacentland us~s,.and consistent wit the. stated intent of this zone. The developer shall provide the following items to the Pia ning COmmiSSlont~ any development located In the.LI ~ Liglit Indust~jal District: a) BUilding/location on the lot, drawnto scale. b) Building! elevations; front, rear and side. . c) Building'exterior materials and color. d) Location,s of ingress and egress points. e) Dumpster and solid waste pick-up areas and proposed screening material. t) Sign loc~tion and dimensions. g) Lighting standard and hood detail. h) Parkingl and loading areas identified. i) Dra.inage by the use of arrows and/or contours. j) Screening of heating, ventilation and air-conditioning equipment. k) Landsc,ping materialinc1uding the location, type of plant ,and size. I) Fire hy«;lrant and fire lane locations. m) Utility l,ocations. n) Anyotlier fencing, screening, or building accessories to .belocated in the I develo:Rmentarea. I J re~uirBà. to sUbmit 'a Gem})letGaaà ae~nwah~ statemem te tke Plar.RiRßCelRmissien coneemmg tke SfJe;eiMe llature, oftae llse to whiek, tae })ro})ert;r is to be }nÜ. Tkis statem8Flt skall illchuà8 àetai1E~à informatieFl ndati'.~e te tk8 eoFltrel ef smeke, odors, noise, viÞratiollsor I other im})aets, as stated in ~eetioR 52.14 ~\1bâ" J 9, wmekma)' B@ eoRsiàer@à BY tll8 P1ar.ning Commission as à~trim8Rtalto tke Ju~altll,saf-8ty,a1là geReral '1.'e1[$@. Tae P1a1ll1ing . Commission may~e€}Uire all)' aââitiollal illformatiøFl, eørreetÜ:ms ør eomrolâeemeâ . Fl@ee8saryfer tllBproteetioll oftk8pRblie., " .., . ..' . l#-B @~r8 tÐ.@ iSSUallG@ @f a .Ðuilâ4Bg permit, buildings e011£trnet@âiR tke [igllt màustrial District 111\18t aa'.'e a lallàsIGa})e})lan a})})foveà B)' tlle :Planning Commissioll. I 116 I I I I . . . · Subd. 11. Si~ns. I General Provisiohs. The following regulations shall apply to all signs in the Agricultural District: I i ! a) Signs shall not be. permitted within the public right-of-way or easements, except as ~rected by ,an official unit of government or public. utilities for the directioll Ff íraÌfiç or ....essary public info.......tioll, b) Flashing ~r rotating signs resembling emergency vehicles shall not be permitte4· c) No sign sþall be placed that resembles any official marker erecte~ by a governmental agency or shall display such words as "stop" or "danger". I d) No sign shall be permitted to obstruct any window, door, fire escape, staill"ayloropeningintended to provide light, air, ingress or egress for any building!or structure. · e) Tbe ow~er, lessee or manager of any grouml sign and the owner of the land on whicbthe same. is located shall keep grass or weeds and other growth cut and deb[is and rubbish cleaned up and removed from the lot on which a sign is located. I I 1) Advertising sigll~,business signs and name plate signs which may be,ormay hereaft~r becOlne.rotted, unsafe or unsightly shall be repaired or removed by the own:er or lessee of the property upon which the sign stands upon notice by the ~uildingInspector. I g) Where ~signis illuminated, the, source of light shallnot shine upon any part of a r~sidenceor into a. RESIDENCE DISTRICT or any roadway. I I h) j. , "" " ,,', ,': " No sign shall be of such a nature or placed in suchapositioJ1 that it will cause dangerltotraffic on a street. . , j) N:o.sig~s shallviolate the front, side or rear yard requirements. I SpecialJnd T~mporary Si~ns I ' . , I a) One (1) identification' sign not exceeding thirty-five (35) square feet in area for th~ following uses: church, school, or similar uses. Such signs shall be · solely ror the name and of the 1lseand its activities and may ,be illuminated but m# flashing. i i I 117 I I I I I I I . . . · b) TemporarY¡ signs advertising ,a new subdivision develop~ent limited to the foUowing:(1)maximum size shaU be thirty·.two (32) square feet in surface area, (2) m~ximumheight of fifteen (15) feet above ground level. ! c) 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 I exceed six (6) square feet. d) TemporaJ signs of contractors, architects, mechanics, special events and artisans a~e.permitted, provided that such'signs.shaU be removed promptly upon completion of the work and further provided that such signs shall not exceed thirty-two (32). square feetin area. ' . I I PortableSi2ns. I I I a) Definition. A portable sign is one thatismovablefro~,one location to another ard is not permanently affixed to the ground, .sales display device, or structure, b) Permit Required. A business seeking touse 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 · applyingl to us~ ÎI1e sign. c) Length of Use. The duration of time a portable sign can be located on a propert~ is limited to a maximum of sixty (60)days in anyone calendar year. d) Size. A portable sign shaU not exceed 50 square feet which accounts for all letters, numbers and attachments; excluding material required to support the sign~ Advertisin2 Si~S and Billboards . For. pnrpos~ of tJd~ ."'tiòn;anad~ertising sign 0rUboard.Shall be ~ signwhieh directs a~ntion to abnsin..s,profes~ion,coromodity, se ,vice or entertainment which is sold or offered on a premises other than that on which th sign is located. i i a) Advert~sing signs or billboards shall not be permitted within a public right-of-way or easement. b) mn.Jation ofadl'e'Ctising sig,,' orbillboarðs. is. permitted if the jIlnmination is dire~ted toward the surface ofthe sign and limited to the sign surface. Illumirlated signs may not give orfan intermittent, rotating, concentrated or directi~mal beam, or flashing lightofany kind. · 118 ! . . . I I ¡ i . c) An adverti~ingsign and billboard shallnotbe constructed or maintained which reseþtbles any official marker erected byagovernmental agency, or displays wprds such as "stop," "yield," or "danger. d) Anadvertisingsignandbillboardishall not be constructed or maintained in a manner s9 as.to obstruct any window, door, fire escape, stairway or opening intended to provide light,air,ingress or egress for any building or structure. e) A1veJ'tisJg ~igns anil b!liboårds wbidi bec9D1e':~ited, ~~s.~~eo< !lnsigbtly shall be, rJpaired or removed by the licensee,ownerorown~rs.ofthe property on which the sign stands upon notice from the City Building Inspectorl The owner, licensee or owner of the land on which.the sign is I '. '. , . ..' ,', ,'.,. " located shall keep grass, weeds and other growth cut, and shall cleanup and I remove. a~l debris or rubbish from the lot on which the signJs located. If the owner, liçensee or owner ofthe property fails to act in aC,cordance with this paragrap,h, the,City may remove the sign inqllestionuponthe direction of the. City Çouncil, and allcosts incurred for removal may be charged to the owner of it he sign and. if unpaid, certified to the County Auditor as a lien against the property on which the sign was located. ! i 1) Advertising signs and billboards shall be constructed or maintained which . obstructt traffic visibility . g) Advertis,ing signs and billboards shall not be located on the roofof a building or paint~d directly on the side of the building, unless it is.clearly dent0nstratedto the Planning Commission thatthe locationofthe sign does not threaten the structural integrity of the building in. question, cause a safety h~zard to any persons or property in the vicinity of the building in questiod, and is aesthetically consistent with an non-offensive to the h) p~ope1es Ù1.the ÙDmediate area of the b!lUding in q!lestion, All billboards or advertising signs shall maintain a minimum setback of at least 20 Ifeet from any point on the sign from all property lines of the propertY on which the sign is constructed or maintained. I i i) Advertising signs or billboards shall not be constructed, maintained, or located!anycloser than 1,000 feet from any oth~r advertising sign 'or billboard.. An advertising sign or billboard structure which is constructed to as to allow the display ofadvertisingon.b?~hthe frontandback,side of the structu:re shall constitute a single sig~. fOfPurposes of the 1000 feet limitat~on. No advertising signor billbo~\fd shall pr()ject higher than 36 feet above the average gradeofthe property on which the sign is located. An advert,sing sig~ or billboard structure shall not contain more than two individual signs per facing. Noindividualsign shall exceed 25feetintotal . lengtbJ 12 feetinheight, a~d300square.feetin sign. surface area. No I advertising sign may be erected within 200 feet of an. adjoining residential I district. Where the advertising sign location is across the street or roadway I ! 119 i i i i . . . i I . from a resi~ential district, compliance with the setwback requirements of the zone in wh~chthe sign is situated shall be considered adequate. Business or Commercial Sb~ns a) That the aJea on one side of allsuch signs erected on one street frontage of any one pr~mises,shan not exceed fifty (50) square feet. I I I b) Such sign ~xcept a directional sign, is erected only on the premises on which the use, tolwhich the sign relates, is conducted. c) NotWithst~nding the above, where two or more separate and individual commercirl 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 or common areas within ,or laroulld the structure, then and in those circumstances, ,each I individua~ business operation ,may be permitted to display an individual business ~ign as provided in subdivisions a) and, b), exceptthatsaidsign 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 ~igns, the combination of business. operations occupying the structurJ,may maintain a 50 square foot sign detached Jrom the structure . identifyirtg the structure, the individual business operations located therein, or other ~eference to the combination of business operations located within the struc,ture. For purposes of this subdivision, a combination of two or more business operations within a single structure includes, but is not limited I to, shopping centers, shopping malls, and subdivicl,ed retail, office or in- dustrial buildings offered for lease or condominium ownership. Sign. Removal. .' All signs not maintained and kept in good repair shall be. subject to removal upon directio,n of the City Building Inspector. Section %2.25: IE E - EDUCATIONAL -ECCLESIASTICAL DISTRICT. I I Subd. 1: Intent! It is the intent of this district to provide for an area occupied by. an p blie and private.ed~cationaland ecclesiastical institutions. The institutions of the Order of S3int Benedict and the ¡College of Saint Benedict predate the adoption of this Ordinance. The ~t r:Ognizes !a rocogoition ?f tµeJristoric signiñcanceand clIltural, religious ~d edncationå! fì ' ction oftheseinstithtions. However, this section is meant to prohibit the useofland by these a d other education~l facilities which would be incompatible with or detrimental to the e~sential character oflandadjoiningtheEducational- Ecclesiastical District. I I I Subd. 2: Permitted Uses. a) I . Convents I I b) Novitiates 120 ! I I I I I . . . I , , · i c) Colleges anjdUniversities I I d) College Preparatory Schools e) Churches ahd Similar Uses j I f) CoU~ge 1necfStudeni Housing g) Grade Sctiools I h) High SCh~OIS i) Vocational Schools Subd.3: UsesUrlder Special Use Permit. The following uses shall require a special use pe it based on the procfdure set forth in this Ordinance: a) Streets and alleys which provide a means of ingress and egress to or from the . . . f InstItutlon. , Subd.4: Permitted Accessory Uses. Accessory uses reasonably incidental to the · fun tion and purpose of permitted uses including, but not limited to: a) An.indeJendent power plant facility. I b) Storage buildings for storage of equipmentused in the maintenance of the I propert~. c) Swimmi~g pools, tennis courts and other recreational facilities. This Ordinance vlÌll not control gooeralrequirem.ents . .. . . , !, I ! a) Construption of facilities must be by a building permit issued by the building inspectqr to insure building code compliance, and all buildings plans must be approy~d by the fire inspector and planning commission for purposes of insuring access ~or fire fighting and police purposes. A buildingpert1litmust be issued by the builµing inspector and building plans approved by the fire inspector for remodeling of existing facilities for a same or similar use. I I b) Constmctionofbuildings, signs or structures located within 50 feet of any · boundafyJine ofthe Educational, Ecclesiastical District must conform to the applic~bl@ standards imposed for too property adjoining that boundary line ofthe Educational Ecclesiastical District. I ! 121 i i . . . I . . . BUlldln2pLmitReqUired. C.."st....ctlon oH.cilities mustbe by. bnllding perm~tissued bytheb~i~dinginspector to insure building code compliance, and all building permit applications must be reviewed and approved by the fire inspector and the Planning Com1nission''''bU, ildin,. ~perullt must, be i,ssuedbY the building inspector and building plan~ approved by the fire inspector and the Planning Commission forremodeUng of eXistJ.ng facilities. for a s~me or similar use. I . '.. , ' Subd. 6: Height Requirements. No building constructedJn the Educational Ecclsiastic.IJ).trictstl~1I be more tban 3 stories or 40 feel iu beigbt. Steepl~s aud sbnllar unoccupied designfeat~res shall be excluded from the determination of abuilding's height. ! Subd.7:.' Setback Requirements. ¡ a) The frontl yar(f of any buildingshaUbe 35 feet from the lot line. b) Tbe Sjd¡ i.rd of any bnulllng .11.11 be 20f"!'tJrom tbe 10tIjne, )Jnl." tbe side yard l1buts a street or highway, in which case the setback shall not be less I than 30feet. c) The reariyard of any building shallbe 20 feet from the lot line. I Subd~ 8: Site Cbverage. No structure or combination of structures . shall occupy . mo e than 50 percent qfthelot area. Subd. 9:.. Other/ReqUirements: ! a) Screeni~g: All heating, ventilation and air conditioning equipment, and refuse s(orage areas shall be screened and in a suitable location as determi~ed by the Planning Commission. I b) Lightin~:Alllighting shaUbe hooded and no lightmaydirectly strike C ' , .' ... ., .', . or areas outside of the development. c) tau~~~PiI1g: Iu~dditloIÌ to requiretnen~ reiatiI1~to parking lots, the Develo~ment Plan shall show a unified landscl1ping scheme for the development. i i d) Parking: All parking lots shall conform tothe standards.sefforthin Section 52.14 Sµbd. 4 and Subd. 5. All lots shall include parking controls and other lands,c. ~ping techniques to improve t. heiraes!hetic quality and to direct the . I· ... . . ...... . flow ofjtraffic. i Subd. 10: DevielopmenfPlan Requirements. No building permit shall be issued until t e PlanningCoIlllDission ~ndthe City Council approves the Development Plan to . d terminethat the,u,eand development is.compatiblewith and complementary to adjacent I nd uses, and consistent with the stated intent ofthis zone. The developer shall provide the I .122 I I ¡ I i I ¡ I I . . . ! i I I I · folio ing items,to thePl~nning Commission for any developmenflocated in the Educ ti()nal-Ecclesiastic~1 District: a) Building 19cationon' the lot, drawn. to scale. b) Building elevations; fr.ont, rear and side. c) Building, e~terior materials and color. d) Locations 'of ingress and egress'points. e) Dumpsterl and solid waste pick-up areas and proposed screening material. f) Sign location and dimensions. g) Lighting ~tandard and hood detail. h) Parking ahd loading areas identified. , 'I i) Drainage by the use of arrows and/orcontours. I j) Screening of heating, ventilation and air-conditioning equipment. k) Landscaping material including the location" type of plant and size. I) Fire hydr'ant and fire lane Íocations. m) Utility 10Jations. n) Any othetfencing, screening, or building accessories to be located in the I development area. i Subd.l1: Si2nsl General Provisions. The following regulations shall apply to/all signsin the Ed cationalEcclesiastical District: I I ~- · "à)'-__Si§DLSbiu~ be pe~~tIHtrt e public right-of-way or easements, exce t .; , . " ' an official unifõ-rgovernnreut"tW-p~he lrectioq oftraffic or necessary public information. I b) Flashing or rotating signs resembling emergency vehicles shall not be permitted. i I (cj /Sign!Shab~Place Ii t reS#fñcialmarkerere .. by a \~.,' gOY n: ta en or shd· lay suc ~ sa "sto "or "dan rl!. d) No signlshaUbepermittedt()obstruct any window, door, fire escape, I stairway or opening intended to provide light, air, ingress or egress for any building or structure. e) The owþer,lesseeor lDanagerof any ground sign and the owner ofthe land on whi~hthe same is 10catedshaU ke~p grass,or weeds and other growth cut and de~)fis and rubbish cleaned up and, removed from the, lot on which a sign is located. . ! f) Where! a sign is illuminated, the source of light shall not shine upon any part ofa re~idenceor into a RESIDENCE DISTRICT or any roadway. i · g) No' sigrt shall be of such. a nature or placed in, such a positio~~hat it will cause I danger to traffic, on a street. ,'/) I I I 123 I , , I I i I ! . . . I I . i) NOsignSS~all violate the front, side or rear yard.requirements. i j) No advertising signs or billboards are permitted. I I Special and Tem~orary Signs a) One (llid,lntification sign not exceeding thirty-five. (35) square feet in area for the following uses: church, school, or similar uses. Such signs shall be I solely for the name and of the use and its, activities and may be illuminated but not flashing. I b) Tempora~y signs of contractors,' architects, mechanics, special events ,and artisans ~re permitted, provided thatsuchsigns shall be removed promptly upon conipletion of the work and further provided that such signs shall not exc.eed thirty-two (32) square feet in area. I I SignRemoval. All signs. not maintained and keptin good repair shall be subject to re oval upon directiorl of the City Building Inspector. Section 52.27: PUBLIC DISTRICT. I . Subd.l: Intentllt is theintentofthis district to provide ordinances governing the use and development 0' property owned by the City, the County, the State of Minnesota, or aUf otherpoliticalsubdiylslon. Th~ section is intended toallowtheu~e of such property for any public purpos~ while minimizing the impact of any such public use which is inc mpatible with or detrimental to the essential character oflandadjoiningthe Public Di trict. I Subd.2: Permitted Uses. The property in the Public District may be used for any r I IC purpose. ¡ I Subd. 3:Setba¿k Requirements. ) I a) PropertY adjacent to County State Aid Highway 75shall have a ten (10) foot landscaped setback from the highway right-of-way line. Any structure shall haye a twenty (20)foofsetback from the highway right-of-way. b) Front y~rd setbackshall be twenty (20)feet from the lot line. c) Side yard setback shall be ten (10) feet from the lot line. If the property's side yardis ;adjacent to County State,Aid Highway 75, tbe setback sballconform to Subd.5 (a) oUbis Section. d) Rear yard setback sball be ten(10) feet from tbe lot line, 35 feet if abutting a residential district. I ! . Subd.1: Height Requirements. Any portion of a structuresballnot exceed 3 stories o 40 feet inbeigbt. I I I I I ¡ 124 I i ! 1 I . . . . Subd.. 5.. ,SiteCov~rage.. No, roofed structure, or combination of roofed structures shallrccupy moretban,60 percentoftbe lot area. A combination of structures and nonp rous surfaces maylnot cover in excess of90 percent oftbelot area. Subd. 6: Otber.Rlquirements. a) park,ngllts: AU. parkùtg lotsshaUçonfo~m totlÍe sl8'!dards sefforth in Section 52114 Subd. 4 and Subd. 5. All lots sball include parking controls and I otberJand¡scaping tecbniquesto improve tbeir aestbeticquality and to direct tbeflow of traffic. b) Loading :qocks: AIUoading dockssball conform to tbe standards set fortb.in Section 5~.14 Subd. 6. No loading docks or overbeaddoors sball directly face County State AidHigbway 75. I 1 Subd. 7. Signs. ! I I General ProvisiJns. Tbefollowing regulations shall apply to aU signs in the Public Dist 'ict: I I I I I I a) Signs sball notbe permitted within tbe.publicright-of-way or easements, except as! erected by an official unit of government or public utilities for tbe b) direction! oftraffic or necessary public information. . Flasbing;or rotating signs resembling emergency vebicles shall notbe. permitte~. c) No signsball be placed that resembles any.official marker. erected by a govern~ental agency or shall display such words as "stop"or "danger". d) No sign$ball be permitted to obstruct any windQw, door, fire escape, stairwa~ or opening intended to provide ligbt, air, ingress or egress for any building! or. structure. e) The owqer, lessee or manager of any ground signandtbe owner of the land on wbic~ the same is located shall keep grass or weeds and other growth cut and debris andrubbisb cleaned up and removed from tbe lot on which a sign is located. f) Business signs and name plate signswbicb may be or maybereafter become rotted, *nsafe or unsightly shall be repaired or removed by tbe owner or lessee. oftbe property upon wbicbtbe sign stands upon notice bytbe Building I Inspector. g) Where ~ sign is illuminated, the source of lightshall not shine upon any part I ofa residence or into a RESIDENCE DISTRICT or any roadway. b) No sign! sball be of sucb a nature or placed in such apQsitiontbat it will.cause danger ¡to traffic .on a street. i) No sigrls sball violate the front, sideor rearyard<req\1Ïrements. j) No adverti~ingsigns or billboards are. permitted. I Special and T~mporary Signs . I I I I I I 125 1 I I I i I I I . . . I I I I · a) One (1) id~ntification sign not exceeding thirty-five (35) square feetinarea for the fol~owinguses:church, school, or simiIaruses. Such signs shall be solely for the name and of the U$e and its activities and maybe illuminated but notfl~shing. I i b) Temporai,y signs advertising a new subdivision development limited to the fOllowing:I, (1) maximum size shall be thirty-two (32) square feet in surface area, (2) maximum height of fifteen (15) feet above ground level. I i I c) 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 si~ (6) square feet. i d) Temp()ra}y signs of contract()rs, architects, mechanics, special events and artisans Jre permitted, provided that such signs shall be removed promptly upon co~pletion of the work and further provided that such signs shall not exceed thirty-two (32) square feet in area. I Portable, Si2ns. I ! a) Definitioh.A portable sign is()ne thatis movable from one location to t another ånd is not permanently affixed to the ground, sales display device, or I structure. · I I I b) Permit ~equired. Å.business seeking to use or display a portable sign shall obtain a:permiffrom the, City for the period of display. Permits will specify the leng~h of time the sign will be. displayed, location of the sign, and business applyin~ to use the sign. I I c) LengthÒfUse. The duration oftime a portable sign can. be located on a proper~is limited to a maximum of sixty (60) days in anyone calendar year. I d) Size. A1portable sign shall not exceed 50 square feet which accounts for all letters, numbers and attachments; excluding material required to support the sign~ i I Business or CommercialSi2ns a) That tb.k area on on.es¡deohllsllch signs ereeted on on" street fróntageof any on~ premises, shall not exceed fifty (50) square feet. 1 I b) Such sign except a directional sign, is erected only on the premises on which the use; to which the signrelates, is conducted~ I I I c) Notwithstandingthea{)ove, where two or more separate and individual · comm~rcial operations are .con~ucting business in separate areas· of a single buiIdirigorstructure,in which each operation owns or leases separate and ! I 126 I I I I i j I I ¡ I . . . I I . individual premises, but share in the use and maintenance of common areas within or ~round the structure, then and in tl10se circumstances, each I individua~businessoperation 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 ~igns, the combination of business operations occupying the structuret may maintain a,50 square foot sign detached from the structure identifying the structure, the individual business operations located therein, or,other *eference to thecombina(ion of business operations located within the structure. ¡ ì Si2n Removal..All signs not maintained and kept in good repair shall be subject to re oval upon direction of the City Building Inspector. . . 127 . . . · · ____-W" w, ·-Îí' ,,":~>:~, ',~, ",,' \.--.' 1-.'_"_'"'_1- '1Ir:M' ~,~~CC~· ,'".' , ,~Æ" '~«":.;'.k'~' -: < ,'x ,~,"'~:~~.'.<:"w.,",,~'·' ~" I · 128 . . . I I I · I I ..,....."w'._ "I.,.:..,..~:..,· },,' .; .- ,. -~:'~'~":~ ,~, /' : "~~' ,~ IIr'W ~~w 'r;:"' {0~vW ty. " ~>: ;<, N ~ " ~ ,,':é",, - · ;.,¥:~: "11 I I · ""'«',N W,ê "__-1 ,,", ,~ x " "::' ,«,Ù" '.",.;;>,¡./ .' , /- %,~.' 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