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HomeMy WebLinkAbout2002 [09] Sep 16 · itg of St. Joseph 25 College Avenue NW P.O. Box 668, I St. Joseph, MN 5 374 (320) 363-7201 Fax: 363-0342 St. Joseph Planning Commission CLERK! September 16,2002 ADMINISTRATOR 7:00 PM Judy Weyrens 1. APl1rove Agenda MAYOR I I Larry J. Hosch 2. 7:0rm. - D.S.Army Re~eMwnt_ee F~ìli~ 3. COUNCILORS Am rican Builders - formerly Tom Thumb Bob Loso Cory Ehlert 4. Disyussion on Proposed Amendment to Ordinance #52 Kyle Schneider I 1 Alan Rassier 5. Adjpum 1 I I · · File I I I · MEMORANDUM DJte: September 13, 2002 . I Tl Chair Gary Utsc~ and Members of the Planning Çommissìon FrIm: Judy RT September 16, 2002 Meeting T~eir has been somecorifusion as to what version of the Ordinance the Planning Commission was re~' 'ewing. The white prges of Ordinance No. 52 are recommended changes of the Planning cmm. is. sion. These pag....e,.... s were d, el ive. re dea rlier . The h' me green paper are changes as recommended by th EDA and the yellow lare miscellaneous recommendations of the EDA \Comprehensive Plan C ,nsultants. The Planning Commission will need to decide what to incorporate in the final draft. Other matters: j The blue paper i;s the final paperwork submitted by the Army Reserve. You will not the agenda al 0 includes the former)Tom Thumb Building The building was purchased to convert to office space d they are requesting a building permit. The Planning Commission must approve the application for a · b i1ding permit as requited in the Highway Business zoning district. . ( · . . . Page lofl j I . St. Joseph Army ~eserve Vehicle Maintenance building . Fri, 13 Sep 2002 11 :22:30 AM Eastern Standard Time Mark Stousland <:!mark.stousland@rsparch.com> :.JJtd..Y.W(;:-Y1-~n~~_<:1)Nªy-œn~1@ªQLçºJJ.l~ tMJJ..n¡çmal.RªY-ªL9-RmªXtLG.mJJQ~._~_rrig.9..@þ'ªyçºmm,J}ª1~, :~~Mº_ê..!!.~ª, .P_1?J.!iç1s~':.< I:I.Mº_~lt-ª-ª_@..m§.P.mªº.,-ºr-g~., Kªt!.ªJy'-çJDjy-rª-,~1sª1¡ª".mçlJ:Üy.nª@r.g>.ª[çh.,.ººm?: File: ARSP _FAXOOO1C70.TIF Sen from the Internet (Detªjj.$J I I I Judy : i Atta hed is a faxed copy of a letter from Ron Wolney with the Army Reserve, 88th Regional Support Command, addressing the future paving and landscaping of t e existing St. Joseph military equipment parking area. I will bring the riginal letter to Monday night's meeting. I hope this helps address ever one's concerns. > < Fax Image.TIF»j Plea e let me know·i you have any questions. ! > Ma k Stousland RSPrchitects 12201 Marshall .Street NE, Minneapolis, MN 55413-1036 > 61; .677.7261 direct > 61' .677.7100 reception > 61 .677.7499 fax . htt Ilwww.rs arch.cdm This email ha$ been scanned for all viruses by the MessageLabs SkyScan serv ceo . http:rebmaìl.a01.COmfmSgvìeW.adp?fOlder-SU5CTlg=&uid=4793428 9/13/2002 .Sep 13 02 11:05a 88th RSC DCSEN 612-713-3516 p. 1 . Facsimile Header Sheet SENT FROM: U. S. Army Reserve Deputy Chief of Staff, Engineer 88th Regional Support Command 506 Roeder Circle Ft. Snelling,'MN 55111-4009 Attn: AFRC-CMN-EN e-mail: rOD. wolney@usarc-emh2.army.mil NAME: Ronald J.W olney ~ Assistant Ref(Žonal EnKineer . VOICE PHONE: (612) 713~3823 DSN: 783-3823 FAX: (612) 713-3516 SENT TO: /J2R.. m/9-~K· S1ðt..t5 ~b ~ . SUBJECT: ]/, JDG NUMBER OF PAGES INCLUDING TIIIS PAGE: ~ COMMENTS: . 88th RSC DCSEN 612-713-3516 p.2 Sef' 1 02 11: 05a , . :~ DEPARTMENT OF THE ARMY HEADQUARTERS. 88TH REGIONAL SUPPORT COMMAND . 506 ROEDER CIRCLE ~. FORT SNELLING, MINNESOTA 55111-4009 ,~~ . RSP!.. V TO , ATTENTION OF September 12, 2002 Deputy Chief of Staff,. Engineer I i I Mr. Mark Stousland RSP Architects 1220 Marshall Street NE Minneapolis, MN 55413-1036 i I Dear Mr. Stousland: I This is to acknowledge your meeting with the St. Joseph Planning Commission on rOndey 16 Septembor 2002. .. Subject to the availabilitY of funds, the Army Reserve will provide the required partial ~aving arid landscaping at the St. Joseph, Minnesota, government owned real property by o later than 16 September 2007. i . Your interest in and support of the Army Reserve is appreciated. Sincerely, , F: 9ommander, U.S. Army Reserve Command (AFRC-EN/Mr. Benson), 1401 Deshler Street S¡W" Fort McPherson, GA 30330-2000 gffice Chief, Army Reserve (DAAR-EN/MAJ Kiene) 2400 Army Pentagon, Washington, DC 20310-2400 ~r. Ronald Edwards, ~.M.Waller Associates, Inc., 934 CR122, Floresville, Texas 78114 Commander, U. S. Arr;ny EngjneerDistrict, Louisville (CELRL-RE~M/Ms. Doss) P.O. Box 59, L, uisville, KY 40201-0059 . . . . i , i i ] 0 INANCE 52: ZONING ORDINANCE. · I 1 Section52.1: TITLEAND CONTENTS. I I Subd.. 1: ,Purpose. This Ordinance establishes regulations for thecreationofzÇ>nes for the po/P0se of11lanagerpent oflanduse and forrequiringpermitsforu,ses therein. This Or 'nance defines certain rules and define~Jermsused; outlines adn1inistrative procedures, and · m es provision for Vì~lation of ~sOr<¡i¡umce. This Ordi~ce id01Jrifiesdistricts and allowable uses; provides for acce ¡soryand conditional uses; lot, yard, area and height requirements. It rep aces existing Ordinances or parts of Qrdinances inco~sistentherewith. This ol'dinance lh:illbe known as"THEZ;OJ:<IN~ .9RJ)~ÅN(;I:W!, 1;HJJ. CIT)' (')F ST, '. ..', "I JO, EPH, STEARNS COUNTY, STATE OF MINNESOTA, " and will be referred to therein as . "th s Ordinance." ! i I Subd. 2: Contents. Page I TI LE AND CONTENTS ..... .......................... .......................................... 97 I , , ~ OSE AND INTENT". .,... .............. ..................................... .............. 98 · ..... ····..S~:~$i4I~~~.~~'.~~~.~~~,~r.................:".,....99 ] R ES AND DEFINITIONS ................................................................100 I i , E ORCEMENTNIOLATIONS AND PENALTIES........................... 108 B I I ..... DING PERMITS] REQUIRED ...........~..........................................1 08 ! BIARD OF APPEALS AND ADJUSTMENTS ...................................109 I ' , ' . CES............ ..l.................................................... ........................109 I I SpCIAL USE PE~T ............ ... ........ .c....................... ,........................ .lll ENDMENTS>AND REZONING ....................................................; 114 1 I F 'ES AND CONTENTS OF PETITIONS FOR AMENDMENTS, PEALS, ADJUSTMENTS, SPECIAL USE PERMITS AND I ..... ..., . .... . VI. ANCES..... .~... "'f ........~ ~... .~.......... ~ ~~..... ~." .... ...... ~:~' ,......~..~. ...,. .,..;.,... 115 N N-CONFORMING¡ USES ........... ..................... ................................. I · P ANNED UNIT RE~IDENTIAL DEVELOPMENT (PURD) ...........118 I GENERAL REQUIREMENTS ............ ........... ................ ....... .................122 . ZONING DISTRICT BOUNDARIES AND GENERAL DISTRICT PROVISIONS ........................................................................... ........... ...13-8 A - AGRICULTURAL DISTRICT ........................................................140 R-1 SINGLE F AMIL Y RESIDENCE DISTRICT ..................................142 R-2 TWO FAMILY RESIDENCE DISTRICT ......................................145 R-3 MULTIPLE FAMILY RESIDENCE DISTRICT ............................148 R-M MOBILE HOME RESIDENCE DISTRICT ...................................150 B-1 GENERAL BUSINESS DISTRICT .................................................152 B-2 HIGHWAY 75 BUSINESS DISTRICT ...........................................155 L-I-LIGHT INDUSTRIAL DISTRICT ..................................................159 E E EDUCATIONAL - ECCLESIASTICAL DISTRICT ......................162 P PUBLIC DISTRICT.... . Section 52.2: PURPOSE AND INTENT.- - This Ordinance is enacted for the following purposes: Subd. 1: To promote and protect the general public health, safety, morals, comfort and general welfare ofthe inhabitants of the City of St. Joseph, Minnesota. Subd.2: To provide adequate light, air, privacy and safety of transportation and access to property. Subd. 3: To prevent the overcrowding of land and undue concentration of population. Subd.4: To promote the proper use ofland and structures to determine the proper spacing of buildings. Subd. 5: To divide the City into zones or districts as to the use, location, construction, reconstruction, alteration and use of land and structures for residents, business and industrial purposes. Subd.6: To promote the character and preserve and enhance the stability of properties and areas within the City. . , Subd. 7: To fixl reasonable standards to which buildings, structures andland shall · co fonn for the benefi10f all. Subd. 8: To pr hibit the use of buildings, structures and lands that are incompatible with th] intended use or devþlopment oflands within the specified zones. , Subd. 9:. ~Oli~itcOngestion in the'public str~ets and prot~ct theP'tblic health and welfare by provIdmg for the off-street parking of vehicles and vehIcle loading areas. I I Subd. 10: To prbtect against fire, explosion, noxious fumes, pollution of the environment an other hazards in tht interest. of the public health, comfort and general welfare. Subd. 11: To de;fine and limit the powers and duties of the administrative officers and bo iesprovided for herein. \ , I I Subd. 12: Top~omote and preserve open areas, conidors and wetlands. I Section 52.3: 1URISDICTION, APPLICATION, INTERPRETATION AND S PARABILITY. I I Subd. 1:" Jurisdiction. The jurisdiction of this Ordinan,ce shall apply within the Corporate li its of the City and the unincorporated area within two (2) miles of its limits; provided that were a municipality liles less than four (4) miles from the limitsofSt.. Joseph, these regulations · sh 11 apply only to a lide equally distant from 81. Josephandsaid municipa,lity;andprovided her, that the governing body of unincorporated areas adjacent to the City have not adopted or inances for the regu'lation of zomng. I I Subd. 2: AppliÞation and InterPretation. In. their application and itÏterpretation, the prl visions of this Ordinance shallbe held to b.e the minimum requirements for the promotion of I ' '. th public health, safetr and. welfare;. I a) Where tþ.e conditiops imposed by any provision of this Ordinance are either more or less restrictive than comparable conditions imposed by any law, Ordinance, Minnesbta statute, resolution, or regulation of any kind, the regulations which are more rektrictive or which impose higher standards or requirements shall prevail. I . b) I . , . No structureshåll be erected, converted, enlarged, reconstructed or altered without! first obtaining a building pennit, and no structure or land shall be used for any purPose nor in. any manner which is not in confonnity with the provisions of this Ordinance. I c) Except ks herein provided no building, structure or premises. shall hereafter be used' or ¡occupied and no building pennit shall be granted that does not' confonn to the requirements of this Ordinance. I . , , I d) This O~dinance is not intended to abrogate any easement, covenant, or any other · private kgreement provided that where the regulations of this Ordinance are more restrictire'or,impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this Ordinance shall govern. . e) No structure shall be moved onto any property without first obtaining a building pennit :ITom the Building OfficiaL Subd. 3: Separability. If any court of competent jurisdiction shall judge any provision of this Ordinance to be invalid, such judgment shall not affect any other provisions of this Ordinance not specifically included in saidjudgment. If any court of competent jurisdiction shall judge invalid the application of any provision of this Ordinance toa particular property, building or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not' specifically included in said judgment. Section 52.4: RULES AND DEFINITIONS. For purposes of this Ordinance words used in the singular number include the plural, and the plural the singular. The present tense includes the past and future tenses and the future the present; the word "shall" is mandatory, the word "may" is pennissive; all measured distances shall be to the nearest integral foot; whenever a word or tenn defined hereinafter appears in the text of this 'Ordinance its meaning shall be construed as set forth in such definition thereof. For the purpose of this Ordinance, certain words and tenns are herein defined as follows: Subd. 1: Accessory Building. A subordinate building or structure on the same lot or attached to the main building, óècupied by or devoted exclusively to an accessory use. . Subd.2: Accessory Use. A use naturally and normally incidental to, subordinate to, and auxiliary to the principal permitted ,use of the premise~. Subd. 3: Adult Entertainment Establishment. A commercial operation or establishment which provides adult sexual entertainment, specifically including but not necessarily limited to an adult arcade, adult bookstore, adult cabaret, adult motion picture theater, adult theater, or a sexual encounter establishment as those tennsare specifically defined in Section 52.13,Subd. 19 of this Ordinance." Subd. 4: Alley. A public right-of-way usually twenty feet or less in width which nonnallyaffords a secondary means of vehicular access to abutting property. Subd. 5: Apartment. A room or suite of rooms located in one or two-family structure or a multiple dwelling, which shall include a bath and kitchen accommodations intended or designed for use as an independent residence by a single family or individuaL Subd. 6: Apartment Building. A multiple family dwelling originally designed and constructed to accommodate three or more apartments, designed with more than one dwelling unit connecting to a common corridor or entrance way, in contrast to single or two-family dwellings converted for multiple family use or attached row dwelling (party wall type) as defined herein. . I . Subd. 7: Automobile Wrecking or Junkyard. A place maintainedfqr keeping, storing or pili gin commercial quantities, whethertemporaril)',irregularly, orcQntinually; buying or. ! sell~ng at~etail or wh?lefale any old, u~ed or. second-hand materi~lof any kind, i~cluding used mo~r vehicles, m""hm'jIY, and! or parts lbO',,?/; cloth, rugs, clothing, paper, rubbIsh; bottles, rub 0', iron orOther~e\a1s 0; articles which ~I1]jts\VomCO?ditionrend.er ìtprac~callyuseles~ for he purpose for WhlCP. Itwas made and which IS co:tnmonly classed as Junk. ,ThIS shall I incl de alot or yard.forthekeepingofun1ic~nsedmot?r vehicles or the remains thereoffor the , pU1]'0se of dismantling, IS ale of parts, sale as scrap, storage or abandonment. This shall not i pro~bit the keeping of one unlicensed moto;yehicle "'i!hi¡¡ agar¡¡ge or other .structure in . .. resi ential districts, ortvY0unlicensed motor vehicles not including farm implements within a f] in the agricultur¡¡ (1i:¡triçt" .../ Subd. 8: BasetJ1Ltlcellar . A story having partp¡¡t notqiÓ),'óthau one-~¡¡\f its height abo e the average level :Of the adjoining finished grade. . i "'..' ,I I Subd. 9: Bed arid Breakfast. An owner qccupied single family residence that provides oV9might accommodatibnsto a limited number of visitors for a charge, not to exceed. a stay of seven'consecutive nights. '. I·'· . Subd. 10:' Boarding House or Rooming House; See Lodging House. I i , Subd. 11: Building. Any structure, either temporaryorpermânenthavinga roof, and Us ' d or built for the sh~lter or. enclosure of any person, animal or chattel or property of any kind. . W1itenseparated by bearing walls without openings, each portion. so separated shall be considered a s parate building. I I Subd. 12: Buildable Area. Thatpart?fthe lot remaining afterreqllired yards have been pr I vided. I . Subd. 13: Building Principal. A building or stru.cfure in whicldsconducted the main of PJCiPaluse ofthelot þn whicb said buil~g:or structure issitnated, ~: .. .<A Subd. 14: Building Height. .The vertical distance measured ITQmthe.average ground leet adjoining the building to the highest poÌ!1t on the roof surfacejf a flat roof, to the deck line . " ,I " Ii of mansard roofs, and to the mean height level between eaves and ridge of gable, hip and g brelroofs. f Subd. 15: .Buil~ling Setback Line. . Therront line of the building or the legally established Ii e which determinesJhelocation of the building with respç:cttothe right--of-wayline. I " I Subd.16: , ' CarJort.A' structure having I a roof supported by columns but nor otherwise e c1osed¡md whichispennanently attached to a dwelling. I " Subd.17:Disthct.iA section of the City of S1. Joseph for which the regulations g vemingthe use ofb}1Ìldings and premises; the.height of buildings, the size of yards, the i tensity of use are. uniform. . I I I I I I I I I I ] I Subd. 18: Dwelling. A building or portion thereof, designed exclusively for a residential occupancy, including one family, two family and multiple family dwellings but noUneluding . hotels, motels and boardinghouse. Subd. 19: Dwelling - Multiple. A building used or intended to be used as a dwellíng by three or more famí1íes, where each dwelling unit is divided by wall extending the full height of the ceí1íng. Each unit is capable of individual use and maintenance without trespassing upon adjoining properties, and utilities and service facilities are independently serviceable. Subd.20: Dwelling - Single Family. A dwelling occupied by only one family and so designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities for one family only. Subd. 21: Dwelling - Two Family. A dwelling so designed and arranged to provide cooking and kitchen accommodations and sanitary facilities for occupancy by two famílies. Subd. 22: Family. a) A family is 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 person who resides therein as though a member of the, family. Any group of three persons not so related but inhabiting a single house shall, for the purposes ofthisOtdinance, be considered to constitute one family. b) With respect to any property validly Hcensed as a rental unit pursuant to Section . 55.11 of the St. Joseph Code of Ordinances; as of October 15, 1990, the definition of "famili' which existed prior to October 15, 1990, shall continue to apply. This prior definition had dèfined "family" as up to- five unrelated persons. The application of this prior definition to existing rental units shall be construed as a non-conforming use as limited by Section 52~ 11 ofthe St. Joseph Code of Ordinances and shall be transferable. A lapse or revocation of the rental Hcense for any such property shall be considered as a discontinuance of a non- conforming use and the property will thereinafter be required to conform. with the definition of "fámily" as set forth in paragraph (a) above. c) For purposes of this subdivision, persons are related by blood, marriage, or adoption only if the relationship is that of husband and wife, parent and chi1d, sibling, grandparent and grandchild or stepchild. No other degrees of kinship shall be considered as related by blood, marriage or adoption for purposes of this subdivision. Subd. 23: Farm. An area which is used for the growing of the usual farm products, such as vegetables, fi.-uit, trees, and grain and their storage. Subd. 24: Farmers= Market. Area used for the sale of produce grown by local and regional producers. . I I . Subd.25: Frontage., All the property on one side of a street between two intersecting strejts (crossingorteTI11ihating)measured along the line of the street, or if the street is dead ~j~ fu~ ~..fue wop~ ~uiling·on one Slde b~ænm~~sootings~~.mdfue.deoo ~d of e street. . .. . Subd.26: ,Garage, Private. An accessory building. designed or used for the storage of not mar· than three power-cipven vehicles owned and used by the occupants of the building ' to which it is I ccessory. 1: I .: : Subd. 27: Garagb,Public. Any premises, excepfthosedescribed as a private garage, ,i use for the storage or care of power driven vehicles or where any such vehicles are equipp~d for ope ation, repaired or kept forremuneration,. hire or sale. ,.' . I . I' .. i"" ...... ' ·...i ,..,.,'.. .. ., . Subd.28: Gasolíne Service Station. Abuilding or structure designed or.used for the 1 sale or supply ofÃtels~ lubricants, air, water and ()ther open,1.ting commodities for motor ve cles, and including~ecustomary space apd facilities for theinstallation of such co oditiesonor in such vehicles, but not including special facilities Jar the painting,maj9r rep . r or similar servicïrig thereof. Subd. 29: Gradl,Street. The elevation of fue.ês~lished 'treet i1]front of the ¡,uriding me surçd at the center. of such front. Where no such street grade has been established, the City En~in~er shall establishl such street grade or its equivalentf~r the purpose of this Ordinance. , . Subd.30: Home Occupation. Any gainful occupation' engaged in by the occupants ofa. dw lling at or from the ~welling when carried. on within the dwelling unitand'not in an bu iness otherthanbyiliail;amanufactuÎingbusines~or creating and/or operating ar~ntal ~ dw¡lling in violation. ¿f the restrictions or requirements of this Ordinance or the Housing Mrt~mce md Occu~mcy Ordinance. ... . Bmployees AUbwed.Ahome occupation shall be limited to one person plus one assistantwho mayor may not reside in the dwelling. I I· ' , . .,.. '. ,./ .,....'.'.,'. ,." '. .;; Building Alterations and Signs Allowed.' Such home occupatiol1' shall notreq~ir~. int~rnal 0Jrt~"",jor aJ~tio~ or ìnV:lve CQnstructionfM7' ~otÇHSU¡~:ly.r?¡md inr~~d?"ti.al d elhngs. The entranqe to the space devoted to such occupations shaUbewlthm the.dwellmg. T~ere shall be no exterior display, no exterior signs except~s allowedin the sign regulations for th:t:oningdistrict i~ ~hich~e h011le occupation ~s located;;th~re shallbeno exterior storage 01 eq pment or matenal~ usedmthe home occupation. i PeTI11issibleihothe occupations include but are not limited to the following: artstudios, bfty shoPs'dressn~g,sp,"iaJ o~çes.çfaçlergyman,.lawyer'Phyroclm,dentiS~~bjtect, e gineer, accountant,dr real estate agent or appraiser, when located in a dwelling occupied by th same; and teaching with niusical instruments, dancing and other instruction limited to one p pi! ata time.. I , . I ] , I Subd. 31: Hotel. A building in which lodging is provided and offered to the public for . compensation, and which is open to transient guests in contradistinction to a boarding house or lodging house. . Subd. 32: Institution. A building occupied by a non-profit corporation or a non-profit establishment for public use. Subd. 33: Lodge. A building operated by a ftaternal or veteran=s organization that is qualified as tax exempt under the Internal Revenue Code, operated for the use of members and guests while in the company of a member. Subd. 34: Lodging House Dormitories, Fratemitiesand Sorority Houses. A building or place where'lodging is provided (or which is equipped regularly to provide lodging) by prearrangement for definite periods, for compènsation, for three or more individuals, not open to transient'guests, in contradistinction to hotels open to transients. Lodging houses, dormitories, fraternities, sorority houses, boarding houses and rooming houses shall only be permitted in R-3, multiple dwelling districts, except within the boundaries of a college campus. Subd.35: Lot. A parcel ofland occupied or intended for occupancy by a use permitted in this Ordinance, including one main building together with its accessory buildings, the open spaces and parking spaces required by this Ordinance, and having its principal ftontage upon a street or upon an officially approved place. Subd. 36: Lot Area. The square' footage contained within, a particular parcel of real . property. Subd.37: Lot, Buildable. A buildable lot is that square footage required by this zoning Ordinance for a particular zone. Subd.38: Lot, Comer. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees. Subd.39: Lot, Coverage. The part or percentage ofthe lot occupied by buildings or structures, including accessory building structures. Subd.40: Lot Depth. The mean horizontal distance between the ftont and rear lot lines. Subd. 41: Lot, Double Frontage. A lot having a ftontage on two non-intersecting streets, as distinguished from a comer lot. Subd. 42: Lot Frontage. The ftont of a lot shall be for purposes of complying with this Ordinance, that boundary abutting a public right-of-way having the least width. Subd.43: Lot Line. A property line of any lofheld in single or separate ownership; except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way. . I 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 Stearns County Recorder or a lot described by metes and I b0:ldS, the deed to which has been recorded in the Office of the Stearns County Recorder prior to th effective ¡ ate Of1sOrdinanCe. ... Subd. 45: Lot Width. The horizontal distance between the side lot lines measured at righ angles to the lot and depth at the established front building line. . : . I Subd. 46:Manuf~cturéd Home. A structure, transportable in one. or more sections, whiChl in ~ traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in i .' 11' or, when ~ected .~. mte, 1& - hunilied menry (320) or more &qume feci, and wmch is .. buil, t on. a permanent fOI 4ation when connected to the required utilities, and includes the pI bing, heating, air conditioning and electrical systems controned, therein;, ~xcept that the te s includes any structure which meets all the requirements with respect to which the ma~ufacturer voluntarily files a certification required by the secretary and complies with the . st dards established unCler this Ordinance and which meets the Manufactured Home Builders I Co e as defined in Min:ri.esota Statutes' 327.32, Subd. 3. I Subd. 47 : MobïÍe Home. The words "mobile home" shall mean a transportable, human dw lling unit suitable for year-round occupancy and containing the same water supply, waste dis osal and electrical cbnveniences as in mobile housing and subject to tax or registration as Þ I sue under the provisio:µs of Minnesota Statutes, and having no foundation other than wheels, jack.s or skirtings. The term Mobile Home shall include the words "trailer" ,"house trailer" and . I "" ' I ,,". "trroler coach". i i Subd. 48: Mobile Home 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 ' ' , , '- Subd.49: Motel. See Hotel. I ! Subd. *50: Motor V ehicleWreckin,g, Junkyard, or Recycling Centers. A place m intainedfor keeping', storing or piling in commercial quantities, whether temporarily, ~fgWmlY' oc continwly; bu~g or &ellilig at rewl or whole&~e any old, U&ed or second-hand m terialof any kind, irlcluding used motor vehicles, machinery, andlor parts thereof, cloth, rugs, cl thing, paper, rubbish, bottles, rubber, iron or other metals or articles which from its worn co' ditionrender itpraqtically useless for the purpose for which it was made and which is . c0b:0nly classed as jUnk:. This shall include a lot or yard for the keeping of unlicensed motor Vð iclesorthe remaind thereoffor.the purpose of dismantling, sale of parts, sale asscrap, storage or abandonment., This ¡ shall not prohibit the keeping of one unlicense4 motor vehicle within a f: 'implemel1ts withlnafarm in the agricultural. . I ,",' Subd., W 51: Non-ConformingUse.,. A use lawfully inexistence on the effective date of t e Ordinance but not ponforming tó, the regulations for the district in which it is located. I . Subd.52: Parking Space. A durably surfaced area enclosed in the main building, in an a I cessory building odmenclosed, comprising an area of not less than 171 square feet, exclusive i " , I I I I of adurably surfaced drive-way connecting the parking space with a street or alley and . permitting satisfactory ingress and egress oran automobile. Subd. 53: Patio Home. Asingle family attached or detached unitand structure constructed on a relatively small parcel of property consisting ofaone level living area. Subd. 54: Permitted Use. A use which may be lawfully established in a particulfIT district or districts, provided it conforms with all requirements and performance standards (if any) of such district. Subd.55: Person. AÌ1y individual, corporation, firm, partnership, association, organization or other group acting as aunit. It ålso includes any executor, administrator, trustee, receiver or other representative appointed by law. Whenever the word "person"is used in any section prescribing a penalty or fine, it shall include partners, associates, or members of a corporation, who are responsible for the violation. Subd. 56: Rooming House. See Lodging House. Subd.57: Setback Line. The mean horizontal distance between the front street, right-of-way line and the front lineofthe building or the allowable building line as defined by the front yard regulations of this Ordinance. Subd. 58: §!@. A name, identification, description, display, illustration or device which . is affixed to or represented directly orindirectly upon a building, structure or land ill view of the: general public and which directs attention to a product, place, activity, person, institution or business. Subd. 59: Special Use. A use, which because of unique characteristics,canllot be classified as a permitted use in a particular district. Special use permits may be granted in accordance with Section 52.9. Subd. 60: Stable. A building accommodating one or morehorses. Subd. 61: Story. That portion of abuilding other than a basement/cellar, including between the surface of any floor and the surface of the floor next above it orifthere be no floor above it, then the space between the floor and a ceiling next above it. Subd.62: Story - Half. A space under a sloping róofwhich'has the line of intersection of roof decking and wall face not more than three feet above the top floor leve:l and in which space not more than 60% of the floor area is fmishedofffor use. Ahâlf-story maybe used for occupancy only in conjunction with and by occupancy of the floor immediately below. Subd. 63: Street. All property dedicated or intended for public street, highway, freeway or road-way purposes and subject to public easements therefor. Subd.64: Structure. Anything constructed or erected, the use of which requires . pennanent location on the ground or attached to something having a permanent location on the I ] 1 I i ! I I .' gro ; d, including but without limitingthe generality of the foregoing advertising signs, billb ards, backstops for tennis courts and pergolas. I,···'· . Subd. 65: StructUral Alterations. Any change in the supporting m.embers of a building such as bearing walls or partitions, columns, beams or girders or any substantial change in the roof or exterior walls. Subd.66: Townl1ouseand Condominium Single family attached units and structures housingthtee or more dwelling units contiguous to each other only by the share of one common, wall between each unit. 'I ,.,. Subd. 67: Use. The purpose for which land or buildings thereon are designed'~<mged orrnded to be occnPìf or nsed, odor which they are occnpied orm~tained.\ . .... .Subci, 68: V ariance, 'D'e waivjng of sperific .~¡eral provisions of.the~ning ordinMce in insta11ces. where th.eir strict enforcement would cause undue hardship because of circumstances uni~uetotheindividual property under consideration; A change in thea~l?wable use within a dis . ct shall not be considered a variance. I Subd. 69:W etlJds. Th~ City adopts the definitionof AWetl:mds@' as contained in Minn. , Sta. ' 103G.005;Subd.IJ9.Designations of the Stearns County Environmental Services office of etlandsshanlJepre~umed as, accurate when determining the location of wetlands. . Subd. 70: . Yard.iAnopen space on the same l{)twith abuilding, un?ccupied and un~s1ructed by anypoition of a structure from. the.grpund npw~, except.~..otherwise provi~ed her in. In measuring a yard for the'purpose of determining the width of a side yard, the depth of ~ a,' ant yard or the deptIi of arear yard, the mean and horizontal distance betweentheJot line and the main building' shallbe used. ' I I, .', ,... . ' '... , , .' Subd. 71: Yard! Front. A yard exte~ding across the front oftheJotbetw.een the side lot lin s and lying between the frontline of (l,lot and the nearest line of the building. i ' . ! Suþd.7~: Yarer, Rear. A yard extending across the full width of a lot àndlying between rear line. of a lot and the nearest line of the building. . '. Súbd. 73: Yard, Sidê,....>""'d b~~ the sîM tiJ;1e of' ilieíotarid the nearest line of the bulding and extending! from the~ont line of a lot to the rearyard. , ',' " ! I Section52.5:ENFORCEMENTNIOLATIONS AND PENALTIES; , i i Subd. 1: .EIiforceIl1ent. This Ordinance shall be enforced by the City COlll1cil. The City Ce~kmay institute in thenameofthe City ofSt.Josephany appropriateaçtion or proceedings a ainsta violator as prrvided by law. Subd.2:...".Viol~tionsand Penalties.. Any person who' sl1an.violate .any of the provisions h reoforwho shallf~ilto comply with any of the provisions hereto or who shall make any false . st ternenti;n anydocu~ent required to besubmitte,d under the provisions hereof, shall be guilty o a misdemeanor, anq each day that a violation is permitted to exist shall constitute a separate offense. i Section 52.6 BUILDING PERMITS REQUIRED. No person shall erect, alter, wreck, or , .. move any building or part thereof within the City of St. Joseph, without first securing abuilding permit. An application for a building pennit shall be accompanied by a plan showing the dimensions of the lot to be built upon, the size and location 'of the building upon the lot and any accessory buildings to be erected, the use to which the intended building is to be put; and the estimated cost thereof. If the proposed building complies with the Minnesota State Building Code and the regulations adopted by the State of Minnesota as well as all of the ordinances of the City ofSt. Joseph, the City Building Inspector shall issue a pennit therefor concµtioned upon the applicants compliance with all of the State Laws and City Ordinances. All pennits shall be co- signed by the City Clerk and all additional pennits necessary shall be obtained at this time. A pennit shall be obtained for the construction or reconstruction of an Accessory Building as defined in Ordinance 52.4 Subd. 1. BUILDING PERMITS SHALL NOT BE REQUIRED if the work to be perforrnedis limited to the following: replacement of windows, repair or replacement of interior or exterior doors, shingling or re-shingling of a roof, siding or residing, or interior remodeling not involving the removal or relocation of an interior wall. Section 52.7: BOARD OF APPEALS AND ADmSTMENTS. Subd. 1: Board Created. There is hereby created a Board of Appeals and Adjustments consisting of the City Planning Commission. The members of said Board shall serve for.periods commensurate with their respective tenns of office as members of the City Planning . Commission. The City Council shall appoint a Secretary of the Board. _ Subd. 2: Procedure. Four (4) members of the Board constitute a quorum and a majority of all the members of the Board is necessary for any decision of the Board. The Chainnan ofthe Planning Commission shall be the Chainnan of the Board. Subject to the provisions of this Ordinance, the Board may adopt rules necessary to the conduct of its affairs. The Chainnanor, in his absence, the acting Chainnan, may administer oaths to witnesses. All meetings shall be opened to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such'fact. The Board shall keep records of its examinations and other official actions. Subd. 3: Powers and Duties of Board. The Board shall have the power and duty of hearing and deciding, subject to approval by the City Council as herein provided, appeals or requests in the following cases: a) Appeals where it is alleged that there is an error in any order, requirement, decision, or detennination made by an administrative officer in the enforcement of this Ordinance. b) Requests for variances from the literal provisions of this Ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideratio:n.. . i I· I ! No permit shall bieissuedunder the provisions of this seçtion unless and until a decision . of tlie board, as ,aforesaid, approving the same, is approved and confinnedbythe City' Council. Inrf9rt, ing its ~~.ciSi.O, n, t,' 9 the C, ity". Council, th. eboard S,hal1, report its fi,m,. dings with respect ther Ita and all facts in cdnnection therewith, and shall specifically and fully set forth any adjuFtrnent or variance gÌ-anted andthe conditions <:iesignatç:d. Upon receipt of such report, the COlfcil either shallby r~solution approve and confirm the decision, whereupon thepennitas apP;,. ,i,ed for may be i,S sued,":' " O,r Sh, a"ll re fu", se.toap prov,e and,. co nfi..rm",.,.th,e.d, ec isio ,n, ., In, a Ilca ses in, whi¡ hadjustments or variances are granted under the provisions of this section, the Board and Co ' cil shall require such evidence and guarantees as it may deem necessary to insure CO¡liance with the conditions designated in connection therewith. I Section 52.8: VARIANCES. A variance shall not be granted to allow a use not pe . issible under the telms of this Ordinance in the district involved. In granting a variance the aOf~ or theCoµncll ~ r~ewingthe ao~'s decim~~~ ~nòe~ropri&e con~tions in conformity with this ord., inance to protect properties and th, ehealth and safety of persons residing or working in the neighborhood. When such conditions are made part of the tennsunder which the van.·anc"eiSgranted, v'',. iolation ofth.e COnditl,'ons ~s aviolati?n Oft,hiS Ordinance. A.Varian~e sha~l not be granted by the Board, or by the CouncIl upon reVIew, unless they, find the followmg fac s:" i a)'I'futt theL are6xC7P~onal or extraordinary circUIl1s¡~âs· 9r c()n¡ jtions ~lYing to ti1e prbperty 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 . ex~~Ordi,;J;lary circumstances must not be the result of actions taken by the petItIOner. ] '1 b) That th.e( liter~l1 in~erpretation of the p,rovisions of thisOrdi~ange -would dep~v~ the petttwner ofngbts commonly enjoyed by other propertIes m the same district under. the terms of this .ordinance. ! c) That gJ;~tingthe variance requested will not confer on the. applicant any special privileg~ thatjs denied bythisOrdinancetoot1:J.erlands in the same district. 1 i i d) Thatth¿ proposed variance will not impair an adequate supply of light and aitto adjacentpropeJ:ty,or diminish orimpairestablished propeJ:ty values within ,the surrountling area, or in any other respect impair the public health, safety or . welfar~l0fthe residents of the City. :1 e) Thatthe condition or situation of a specifis piece of property ,orthe. intended~se of saidpropeJ:ty, for which the variance was sought, is not ,of so general or recurrent a nature as to makereasonably practicable the formulation of a general regulation for such conditions or a situatioll. I' '., . Subd. 1:, ProcJdure. Application for avariance or appeal ,under the provisions of this s ction shall be made to the Secretary of the BOard of Appeals and, A' djustments, in the form of a . . I···· . .' " ." ...... I 'tten application,caped a Development Review Application. The Development Review . Alpplication must be s}lbmitted three weeks prior to a variaIlce request. I I I a) The Secretary of the Board of Appeals. and Adjustnì.ent shall review all .. Development Review Applications and upon completion of the requirements of the application shall schedule a public hearing. The Secretary shall have ten (10) days to review the application for completeness. Notice of such hearing shall be mailed not less than ten (10) days nor more than thirty (30) days to property owners within 350 feet of the 'affected parcel as detennined by the City Clerk. Such notice shall also be published in the official rtewspaper within the above time period. Failure of a property owner to receive said notice shall not invalidate any such proceedings. b) A variance of this Zoning Ordinance shall be by two-thirds (2/3) vote of the full Board of Appeals and Adjustments. c) If the Board of Appeals and Adjustnì.ents determines that the application be granted, the Board of Appeals and Adjustnì.ents shall make its recommendation to the City Council within thirty (30) days of such determination. Upon receipt of such report, the City Council shall either by resolution approve a11d confitrn the decision, whereupon the permit as applied for may be issued, or shall refuse to approve and confirm thedècision. If the City Council acts on an application granted by the Board of Appeals and Adjustments, the City Council shall make its order deciding the matter and serve a copy of such order upon the appellant or the . petitioner by mail within ten (10) days after its decision. d) If the Board of Appeals and Adjustments denies the application the Board shall . make its order and serve a copy of such order upon the appellant or petitioner by mail within ten (10) days after its decision. The appellant or petitioner may appeal the decision of the Board of Appeals and Adjustments to the City CounQil by filing a written request of appeal with the City Clerk ten (10) days after receipt of the written denial from the Board of Appeals and Adjustménts. The City Council shall 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 (10) days after its decision. Subd.2: Lapse of Variance. Ifwithin one (1) year after granting a variance the work permitted is not started such a variance shall become null and void unless a petition for an extension has been approved by the City Council. Section 52.9: SPECIAL USE PERMIT. Subd. 1: Purpose and Scope. The purpose of this Section of the Zoning Ordinance, is to provide the Planning Commission and City Council with a reasonabledegreé of discretion in determining the suitability of certain designated uses upon the general welfare and public safety. Special use permits may be issued for any of the following: a) Any of the uses or purposes for which such permits are required or permitted by . the provisions of this Ordinance. I I I , I I I I ! · b) Public utilìty or public service uses or public building in anydistricfwhenfound to be necêssary forthe public health" safety, convenience or welfare. I . I c) To classify as aconfonning use any non-confonning institutional use existing in I i any district 'é1tthetime of the· establishment of such district. , I ' Subd.2: ApplicatÏön.Applicationsfor Special Use Permits and required fees shallbe sUbþittedthe Secretarypfthe Planning Commission. The application shall þeaccompanied by a site plancQntainingsuc*infonnation asis necessary to show compliance with this Ordinance, inc uding but not ' limited to: á) DeSCriPt~onofsite (legal. description); b) Site J¡lan[dràWn at scale showing parcel aIld builmhg ilirnensi0ns' i c) Location of all buildings and their square footage, and the location ofeasewents. i d) Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewa1k!s. e) Landscaþing and screening plans; I If. · f) Drainagb plan. g) Sanitaryl sewer and water plan with estim.ated use per day. I I h) Soil typt the location of wetlands as ,defined b)'MinnesotaStatute ' 1036.005, I '" , '.. . Subd. 1~, ()r absence thereof as venfiedby a statement:&om the. Stearns County Environmental Services, Office. ' I I ) i) Any additional written or graphic data reasonably required by the Zoning Admini~trator or the Planning Commissi(;m. 1 , ! Subd. 3: Procetlure.The. Planning Commission Secretary shall forward said application to the Planning COmmission for consideration at their next regular meeting. â) . The'~14gçOmnûSSiOn Se"!e\ar)' shall re)'iOVl'.iliDevelopmtmt ReviOVl' Applications and uponverificationthat the. Applicationis complete and meets the require~ents of the Ordinance, the Secretary shall schedule a public hearing. "The Secretary shall complete the review process within ten (10) days of receipt ofthe Application. Notice of such hearingshallbepublishedin accordance with State Law and notice shall be published atleast once in the officialpaperofthe City andmahed to individual prqpertieswi~nthree hundred fifty (350) feetofth~ parcel ipcluded in the request notless than ten , (1 0) days nor more, than thirty (30) · days pItor to the date of said hearing. Failure of a property owner to receive said notice ~hall not invalidate any such proceedirigs. i I , , I I I I I b) The Planning Commission shall consider possible adverse effects of the proposed . special use and what additional requirements may be necessary to reduce any adverse effects, and shall make a recommendation to the City, Council within the guidelines as mandated by State Law. c) The City Council shall act upon the report and recommendation :trom the Planning Commission within the guidelines as mandated by State Law. Upon receiving the report and recommendation ftom the Planning Commission, the City Council shall have the option of holding a public hearing if necessary and may impose any conditions deemed necessary. Approval of a special use pennit shall require passage by a two-thirds (2/3) vote of the full City Council. Subd. 4: Standards. The Planning Commission shallrecommend a special use permit and the Council shall order the issuance of such permit if the, application conforms to the specific standards set forth below, as it would apply to the particular use at the proposed location: a) Will not be detrimental to or endanger the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the City. b) Will b.e harmonious with the general and applicable specific objectives of the comprehensive plan of the City and this Ordinance. c) Will be designed, constructed, operated and maintained so as to be hannonious and appropriate in appearance with the existing or intended character of the . general vicinity and will not change the essential character of that area. d) Will not be hazardous or disturbing to ~xisting of future neighboring uses. e) Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools. f) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. g) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. h) Will have vehicular approaches to., the property which are so designed as not to create traffic congestion or an interference with traffic or surrounding public thoroughfares. i) Will have adequate facilities to provide sufficient off-street parking and loading . space to serve the proposed use. I I I j) Will notrbsult in the destruction, loss or damage of a natural, scenic~ or historic · feature ofJmaj or importance. Subd.S: Denial For Non,.Compliance. If the Planning Commission recommends denial of a pecial use permit o~ theCouncilorders such denial, it shall include in its recommendations ord termination fmding~ as to the ways ,in which. the proposed use does not comply with the stan ards required by ~r Ordinance. ... . . . Subd. 6: CondItIons. In recommendmg or approvmg any specIal use permIt, the Plan¡ning Commission a4d the COUl1cil may impose conditions which are considered necessary to meeF the standards of this Ordinance and to protect the best .interests of the surrounding area or the ity as a whole. Violation of any such condition.is a violation of this Ordinance. These con, itions may include tt axe not limited to the following: a) Ingress and egress to property and proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow.and \ control, and access in case of fire or other catastrophe. ( i ( b) Off-stred parking and loading areas wherè required and the economic effect, noise, ghu-e, or odor of the special use on nearby property. c) Refuse J.d service areas. I · d) . Utilities -}vith reference to location, availability and compatibility. i e) Diking, ~encing, screening, landscaping or other facilities to protect adjacent or _nearby property. í f) Signs, i~lany, and proposed :x!~rior lighting withr~ference t~gl~re, tra~fic ~afety, economIC effect and' compatIbIlIty and harmony WIth propertIes m the, dIstnct. I ",'. . g) I Require1 yards and other open space. J h) General ;compatibility with adjacent and other property in. the district. i I Subd.7: Expiration. If substantial construction has not taken place within one (1) year I ilie dme of a spec¥ nsepemrit, ilie pemrit is void except ilia4 on application. ilie Council, a er receiving the recofmendation of the Planning Commission, may extend the permit for an ad itional period not tq exceed one (1) year. A special use permit authorizes orily the conditional us specified in the perlnit and expires if, for any reason, the authorized use ceases for more than I , oe (I) year. i Section 52.10: ]AMENDMENTS AND REZONING Subd. 1: GeneJal. This Ordinance may be amended by following the procedure specified in this section. I · ! Subd. 2: Initiation. An amendment may be initiated by the City Councilor the Planning . Commission, or by the petition of not lessthan fifty percent (50%) of the property owners affected by the proposed amendment and fifty percent (50%) of those property owners within three hundred fifty (350) feet of the proposed change. Ar1amendmentnot initiated by the Planning Commission shall be referred to the Commission for study and report, and the Council shall not act on the amendment until it has received the recommendation of the Planning Commission or until sixty (60) days have elapsed from the date of reference of the amendment without a report by the Planning Commission. Subd. 3: Action by Planning Commission. Before any amendment is adopted, the Planning Commission shall hold at least one (I) public hearing thereon after a notice ofthe' hearing has been published in the official newspaper at least ten (10) days and no more than thirty (30) days prior to the hearing. When an amendment involves changes in district boundaries affecting an area of five (5) acres or less, a similar notice shall be mailed at least ten (10) days and no more than thirty (30) days before the day of the hearing to each owner of affected property situated wholly or partly within three hundred fifty (350) feet ofthe property to which the amendment relates. Following the hearing the Planning Commission shall make a report of its findings and, unless the amendment has been initiated by the Commission and the Commission determines not to recommend it to the Council, it shall file a copy with the City Clerk within fourteen (14) days ofthemeeting at whichthe date ofthe hearing was set. When the amendment has not been initiated by the Planning Commission, the report shall, in any event, be filed not later than sixty (60) days from the date of reference of the amendment to the Commission. Failure of the Planning Commission so to report on an amendment not initiated by it is deemed to be approval . by the·Commission of the amendment. Subd.4: Action by City Council. Upon the filing o£such report, or upon the failure of the Planning Commission to file, such a report within the time prescribed bySection 9,03 on an amendment proposed by petition or by the Council, the City Council shall hold such public hearings as it deems advisable. After the èonclusion of the hearings, if any, the Council may adopt the amendment or any part thereof in such form as it deems advisable. The amendment shall be effective only if two-thirds (2/3) of allmembers of the Council concur in its passage. Section 52.11: FEES AND CONTENTS OF PETITIONS FOR AMENDMENTS, APPEALS, ADJUSTMENTS, SPECIAL USE PERMITS AND VARIANCES. Subd. I: Payment Required. Any person filing a petition requesting an amendment, appeal, adjustment, special use permit or variance shall pay a fee according to the schedule established by Section 10.02. Subd.2: Amount. Fees payable under this section for an amendment or rezoning, appeal, special use permit, or variance shall be in an amount as established by resolution of the City Council. The fee is payable at the time of filing a petition and is not refundable. In addition to the above fees andin the event the City incurs professional fees, either legal, engineering or professional planners, or any other cost, including but not limited to, . postage and publication expenses, the applicants shall reimburse the City for those fees, and the City officials may require a deposit for these fees prior to the final hearing on the application. . Subd. 3: conten~sof Petition. The petitiOl1shall give the street address of the land as to whi h the petition, is. ma~e, contain a legal description thereof, state the mailing address of the owner. andc1earlyde~cribe the structure to be built or altered if the petition is granted, or if the. petition is for a changeih any regulations ofthis Ordinance, it.shall state the change and the rea~ons therefore. The ~etition shall also contain any otheripfo:rmatiol1 which is required by oth,r Sections. of this, ~dinance. Tl1ePlanning Commission may reqllire the petitioner to submit a ce~ificate by a registeted land surveyor verify~ngthe front, rear arld side:-yard setbacks of all, i bui dings and structures ¡situated on or adjacent.tothepropertydescrib~din ili.e petition. I Section 52.12: NON-CONFORMING USES. I I Subd.1 : Jntent.It isnot the intent of this section to encourage the non-conforming use of Ian}' Won"confonmtiesl are declared b)C~sOr~ce IObeinco:pati~leWith Pennittoo uses in the districts in which the non-conformity occurs. ," A non-conforming use of a structure, a no~confonmng use of land, or Il non'<Oonfonning llSe of IlSttuc1;ure..an~I"')fÌ Ìj1 combinatioµ sha lnotbee¡<tendoo o~enl~gedafterpassage Of~S ~~ety attac:ent.on a buildin~or Ian of additional signs ¡intended to·be ¡:;een from offthe premises; or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is 1091;lted. Subd. 2: .. Contirluation ,of Non-Conforming Use., The lawful. useofabuildingorstrµcture exi ting at the time of .the. adoption of this Ordinance, may byc;ontinued altl1011gh, sucþu$e,does no conform with the di1strictprovisions herein, unless the use ceases for a period ofone year. . ~J>bd 3 :E¡<tenJion orE"Pansion ofNon"conf"mlln£\; se..Ån<jn'co;'¡onni~gllSe of a res' dentÜI1,. cC>mmerciall or industrial building may not b,e extended or expanded by . adding onto th9.building. ,Anon-c()pforming use_of a residential, commercial or industrial land shall not .be . en 'arged;· expanded, inqreased or. extended to occupy a greater area than was occupiedwhen the us.' became non-conforn1ing,. except as specifically. provided. in Subd., 6 of this section. SobeL. 4:. Smictâl Change. 1110 e¡¡js!ing smi«Mef1evot~to a nnn"confòrÌrrini llses\¡ap be enlarged, extended, reconstructed, moved, or structurally altered except in changing the use of th structure toa conforming use. < , Suþd.·· 5: ·...Maintenance. ..' MaintenaIlce'. of a building or other structure containing or useq fa a non-conforming use willbe permitted when it includes necessary non-structural repairs and in· idenlâl*erationslhichdonçpextend orin(ensify the nOµ:CQnformÌj1gbJliIdi1¡gor \lSe. Subd.6: Residential Alterations. Alterations maybeTI1acieto a residential building co taining non-confodningresideptialunits when they williTI1prov.e theJivabilityand safety of such units provided,h9we"er, that they do notincreasethenumberofdwellil1g units in the , b~ldi1¡g.Mditions m~y~e made to non"confonmngresld®tiâlbuildiJ¡gs,\irrlÌted ¡oanincre; in the living'area of no¡ more than20%ofthe existing main floor square footage. The .. rtruction and âlterationOf garages aµdaccessorybuildiJ¡gs is also permitted, as long as the . provementsconforni with the zoning requirements for both the zoned use of the property, and th non-conforming u~e. . I \ I 'I ] i Subd. 7: Change of Non-con fanning Use. A non-conforming use cannot be changed to a . comparable non-confonning use. Whenever a non-confonning use has been changed to a confonning use, or to a use pennitted ina district of greater restrictions, it shall not thereafter be changed to a non-confonning use of a less restricted district. . Subd. 8: Restoration After Destruction. Any non-confonning building or structure damaged more than fifty (50}peicent ofitsthen appraised value, asappraised by an independent appraiser, exclusive of foundations at the time of damage by fire, collapse, explosion or acts of God, or public enemy, shall not be restored or reconstructed and used as before such a happening; but, ifless than fifty (50) percent damage above the foundation, it may be restored, reconstructed or used as before provided thatit is done within twelve, (12) months of the happening and that it be built of like or similar materials, or the architectural design and building materials are approved by the Planning Corinnission. Subd. 9: Discontinuance of Non-Conforming Use. If anon-conforming use of a building or land is dìscontinued or ceased for a period of one year or more, or if the use is involuntarily discontinued and ceased because of the revocation ofa pennit or the right to engage in the use, subsequent use of such building or land shall, conform thereafter to the use pennitted in'the district in which it is located. Subd. 10: Junkyard. No junkyard may continue as a non-conforrriing use' for more than thirty (30) years after the effective date ofthis Ordinance, except that a junkyard may continue as a nOn-conforming use in an industrial district if within that period it is completely enClosed within a building Or within a continuous solid fence of not less than eight (8) feet in height or . other approved screening which screens completely the operations of the junkyard. Approval of the fence or screen design shall be obtained from the Planning Commission. Subd. 11: Outdoor Advertising Structure. No outdoor advertising structure may continue as a non-conforming use for mote than three (3)years after the effective date ofthisOrdiná:ñce. Subd.12: Signs, Signs pertaining to or advertising products sold on the premises of a non-confOnning building or use may be continued only when the non-conforming use is permitted to continue and such signs shall not be expanded in number, area, height, or illumination. New signs not to exceed the maximum allowed under Ordinance 52.14, Subd. 9-11 may be erected only after all othér signs existing at the time of the adoption of this Ordinance have been removed. New signs inconformity with the above may have illumination not to exceed 240 watts on one fåce of the sign, but flashing intermittent or moving illumination is not pennitted. Subd. 13: Buildings Under Construction and Building Pennits Granted Prior to Adoption of Ordinance. Any proposed structure which will, under this Ordinance, become non-confonning but for which abúilding pennit has been lawfully granted prior to the effective date ofthis Ordinance, maybe completed in accordance with the approved plans; provided construction is started within sixty (60) days of the effective date of this Ordinance, is not abandoned for a period of more than 120 days, and continúes to completion within two '(2) years. Such structure and use shall thereafter be a legally non-conforming structure and use. . , I . Subd.14: Non-cbnforming Lots of Record. Where. a lotofrecordexists within the City whi hjs vacant' orbuilt ttpon,þut does not :meet the lot requirelIlents of the zone at the effective. .,.. date of this Ordinance, ~d theprpposedor exi~ting;use isapel111itted orpennitted accessory use for t at zone, abuilding pennitmaybeÏssued to. build a new structure or reconstruct a destroyed stru ture as outlined in 1¡1.08; provided that yard setback requirements are met. Section 52.13: PLANNED UNIT RESIDENTIAL DEVELOPMENT (PORD) Subd.l: Obiecti~es. It is the policy of the City to promote. progressive development of Ian and construction b~ encouraging PlaJ111ed Unit Residential Developments, (PURDs) to -[ . achIeve: I . ' . ¡ a) A maximhm.choice of living enviromnents by allowing, a variety ofhousipg building types and permitting an increased density per acre and areguctioninlot dimensioþ' yard;, building set -b""ks and area requirements; b) "'mprê usetiJ1patt<:n).9fqp,," SPace andre.creation areas and, if l'~tted às part of the þr<~j ect, more convenience in the, location of mixed residential uses. c) .A development pattemwhich preserves and utilizes natural features, trees and other Vegetation, and prevents the disruption of natural drainagepattems. d) A more Jfficient use of land and a resulting substantial savings . through shorter . utilities ánd streets; I e) Adeveldpment pattëmin hannonywith land use, density, transportation' facilities, and cOmfnunity facilities obj ectives of the comprehensive pl'r' _ .". ',I Subd. 2: ,:GenerlIProcedure, PlalUledUnit Residential' Developments (PURD) shall be , pr posed and,approvedlinaccordancewith·this section. The burden of justification: for any pit unit r~siden~~ldeyelopmsptPro~sptShall be.the exclusive responsibility ofadevelopet. Th developer shall be. responsible for providing the information and data required in this se ~ion. In addition, as I the planned unit residential develppment is an innovative approach, the , de' eloper shall provid~ any other dataorinfonnation. as may be required by the Planning Çofum:ission or the City' Council. .It is the intent ofthisOl'dinanceto requiresubdivisionof· pr6perty according to the S1. Joseph Subdivision Ordinance simultaneous with application of the Pt . . ' j i .,.,'. Subd., 3: ..Pre-Aþplication Meeting. Before submitting a formal applicationJor a PURD: 1er52. H.04,the de~elqpershall meet:th the Planning COmmiSsiOIl'T11~l'U1]J0~e of this meting is to discuss early and informally the purpose and effect of this Ordinance and the era ¡md standards cbnt.,¡ned intbis Ordinanc~and tofamiliarjzethe d~elop",:»'ith the CilJ!'s C mprehensive.Plan, .ihc1uding the land use plan, the major thoroughfare plan; and the parks 'and oPlenspaceplan~ the sl1¡bdivision regulations and the drainage, sewer, and water systems ofth~ i Ci~Y.1 i . .: I . P Subd. 4: Applibation. An application for approval bf a preliminary plan for ,a proposed! shall be filed with the Secretary of the Planning Commission by the owner(s) of title of ] ,.'., .' .,'..' .. ' . ' ...' I I i I I I I , property for which the PURD is proposed. The Development Review Application .shall be . accompanied by a filing fee as established :tram time to time by City,CounciI resolutions., The application with accompanying statements shall be submitted in the number of copies that are indicated on thé Development Review Application, and shall include: a) A vicinity map at a 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· comprehensive plan of the City, to existing schools and other community facilities and services, and to the surrounding area; b) A preliminary plan of the entire area in such detail as to show the land uses being requested, the densities being proposed where applicable, the system of collector streets and the off-street parking system; c) A written statement explaining in detail and with supporting documentation the specifics of the development plan as it relates to the type of dwelling units 'proposed and the resultant population, the extent and nature of non-residential development and the resulting traffic generated and parking demands created; d) The proposed schedulè for the development of a site; e) A statement setting forth the reasons why, in the opinion ofthe applicant, the PURD will be in the public interest and consistent with the objectives specified . for PURD's by Section 52.13. Subd. 5: Action by Planning Commission. Upon receipt of a completed Development Review Application, the Planning Commission shall hold a public hearing on the proposed PURD following written and published notipe as required for amendments of this ordinance. The Planning Commission Secretary shall have ten (10}days to detel111ine the completeness bf the Application. Within thirty (30) days of such hearing, or at a later time agreed to by the applicant; the Planning Commission shall recommend approval or disapproval of the preliminary proposal with such changes and conditions as it may suggest and shall transmit its recommendation to the City Council. In its recommendations the Commission shall detel111ine whether the proposed PURD is consistent with thè objectives for planned unit residential developments specified in Section 12.01 and with the comprehensive land use plan of the City; whether the proposed development will advance the general welfare of a neighborhood and the City; and whether the benefits, combination of various land uses, if proposed, and the inter-relationship with the land uses in the surrounding area justify the deviation :trom standard district regulations allowed by this ordinance for PURD's. Subd.6: Action by Council. Upon receipt of the recommendation of the Planning Commission, the City Council shall consider the application within thirty (30) days after receipt rrom the Planning Commission and, after holding such public hearings as it deems necessary, shall approve or disapprove the application with such changes or conditions, if any, as itmay deem appropriate. It shall include a findings on matters on which the Planning Commission is . required to make detel111inations under Section 12.05. The applicant shall pay for the cost of the Public Hearing. . Subd. 7: Final R~view and Approval. An application foireyiewapproyal of the fInal devlopment plan shalLBe filed. by the applicant with the PlanningCqmmission within twelve (12) months?f the date Ón which approval of the preliminaryplatwas givenby the City Council. I If 111CatiOO for~!7V~!IS~ot"'~ ~tbþ the. û",e requued, the..proPOS~Shal¡ ~e.. . con idered abandoned. i\n application for final approval may be filed for part of a PURD area f~ch preliminary approval has been granted by the City Council. A final plan for apart ofa P , shall provide the same proportion of open space and.the same over-all dwelling unit d1tyasj~prOvîded Ì!1ltheOY~-~IPreJinûnary plaIL .. . Subd., 8: Documentation Required.. A final application, and its supporting documentation shall give. the samei:nfofrnation as is required of plats under the subdivision control ordinance. ofl therÞ:Y in addition to s~ch Qtherinformation as required by this ordinanc~ and by the Planning Co . is sian as a c.ondit~on for approval ofthep!eliminary plan. }n,addition, the application. sha~l be accompanIed 1:))í such other documentatIon, such as restnctlVe covenants,mcorporatlOn pap rS,by-Iaws.ofhome.owners',assQciation, dedications, and other conditions specifically req ired by the. Planning Commission and the City Council fortheiparticular PURD. Subd.9:Actionlon Final Application. Procedure for action by the Planning Commission an. the City Council ani an application for review andapprovalofthefinalplanfor a PURD sha I be the same aspre~cribed by this article for the action on the prelimiparyproposal. In givtng approval, the CoUncil 11lay specify the length oftimewithin whichconstructionofthe pro~ect must be begun or completed, .. and it may attach such other conditiQns as it deems . ne~essary. The final derelopment plan shall be in general conformance with the preliminary de elopmentplanas' approved. I I Subd..lO: UsesPennitted., Compatible residentiaFusès, may be. combined in aPtJRD.if the proposedlocationofmixedresidentialuses willnotadversely affectadjacentproperty or the pulMic health, safety an~general welfare. When a]?URJ.) proposes a mixture of single family dJellingswith multipl9dwellings, no more than twenty (20) percent of a tract shall be used as ill ltipledwelling development. I Subd. 11: ,Standards. i a) General{ EveryPURD shallconfonn to the standards prescribed in this section. i I b) Relationship ofPURD Site to Adiacent Areas. The designof a PURD shalltake; into accounttherelationship of the site<to the surrounding areas. The, perimeter of the PuRD shall be so designed as to minimize undesirable impact of the PURD on adjadent properties and, conver~ely, to minimize undesirable imp act of adj acen~ land use and development, c~aracteristics. Qn,the PURD. c) MinimJro Size. A PURD shall consist of at1èastwenty (20)acres. i d) Minimum LofSize. The.mihimum lot size requirements of others est ions of this . ordinance do not apply to a PURD except that the minimum lotsizerequirel11ents oftheuhderlying zone shall serve as a guideline to determine the. maximum dwelling unit density. of a total development. The maximum dwelling unit density I I I shall be detennined by the area remaining after appropriate space for street . right-of-ways and any other public dedications have been detennined and subtracted from the total PURD 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 mùltiple dwellings allows traffic to proceed from the multiple dwelling site to an arterial street so as not to create vehicular traffic in a single family or two family dwelling area neighborhood, . and when the proposed increase in density meets ,all the standardsunderthe PURD Section and Section 52.9.4 of this Ordinance. The maximum density for multiple dwellings under the PURD shall be one one-bedroom unit for each 2,500 square feetoflot area, one two-bedroom unit for each 3,000 square feet oflot area, and one three-bedroom unit for each 3,500 square feet oflot area and for each additional bedroom (over 3) per unit, an additional 500 square feet oflot area. e) Set-Back and Side Yard Requirements. Notwithstanding other provisions ofthis Article, every lot in a PURD abutting the perimeter of the PURD shall confonn to yard requirements for the underlying district. Side yards between buildings in a PURD shall be not less than ten (10) feet but such buildings may be built without reference to the property lines of the individual lots on which theyarè built. f) Access to Public Right-of-way. The site of aPURD shall abut, andthe major internal street or streets serving thePURD shall be connected to; at least one arterial street. g) Utility Requirements. Utilities, including telephone and electrical systems, . installed within a PURD shall be placed underground. Utility appurtenances which can be effectively screened may be excepted from this requirement if the City fmds that such exception will be consistent with the objective of this Article and the character of the proposed PURD. 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. Whenever possible, common open space shall be linked to the open space areas of adjoining developments. Common open space shall be of such size, shape, character, and locations as to be useable for its proposed purpose. 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. Section 52.14: GENERAL REQUIREMENTS Subd. 1: Intent. The intent of this section of the zoning ordinance is to establish general development perfonnance standards. The regulations provided herein shall apply equally to all districts except where special provisions provide otherwise. Subd. 2:· Parking and Loading Requirements ~ In all zoning districts, off-street parking . facilities for the storage of motor vehicles for the use of occupants, employees and patrons of the ¡ · buil ings or structures h~reafterere8ted, altered or extended after the, effective date of this Or . nanceshaUbe provitledand maintained as herein prescribed. Subd. 3 :üenerJ Parking Provisions. I a) Loading&pace shall not be construed. as supplying off-street parking space. A regular p¥king space shall have the minimum dimensions of 9' by 18'.. A handicap parking space shall have the minimum dimensions of20' by 15'. b) WheJ1~ts p,me¡¡g~eJ1ts usedin de~the\1um&~otreqUjred parking sp~ces re~ult inrequiremel1.tqf a fractional space, that fractional space shall be rounded up to the next highest whole number. I ! c) Whenever a use requiring off-street parking is increased inflooræ-ea,and such use.is located in a.building existing on or before the effective date. of this Ordinanc~, additioJ}alparking spa~e for the additional floor area shall be provided and main~ained in amounts hereafter specified f()r that use. r d) For the pbose ofthissectiol1' "Floor Area," in the case of offices, merchandising orservicb tYpes. o~µses, .shall mean the gross floor area used orintended to be usedfor~ervicesto the public as customers, patrons,clientsorP!itients as. tenants; I c' '.' " .~ inclllding areas occupied for fixtures and equipment used. for display or sale of . merchanclise, less ten (10) percent. · e) Off-stre~t parkingfacilities for dwelling shall be provided and located on the I same lot Jar parcel of land as the building they are intended to serve. I f) I ,.. . .., ...., " _ When off-street parking is required, itshallbe.designated forthatpurpose and the ",., .,/, ." ,,' '. ....', ......' ',' ....,... . .: ,.;, individµf11 parking stalls, appropriately striped. , I g) Where aluse is not specifically mentiol1ed,off-streetparking requirements shall be the same as for similar use. I I h) Nothinglinthis section shall be COl1s.truct¿d to pr6vent collective provisions of off-stre~t parking facilities for two (2) or l1l0re, buildings or uses provided, I collecti\(ely, such facilities shall not be less than the sumofthe requirements for t~e varic?usindivicluaIuses computedseparately.in accordance with the table. ! i) Nothingiln this s~ction shall prevent the extension of, or all addition toa building or structUre into an existing. parking area which is required Jar the original building or stI"ucture when the same amount of space talœn by th~extensjon Or addition! is provided by an enlargement of the existingparking.aiea. I . '.: I.'" " " " ' , '... Subd.4.: Required Off-Street Parking.. The amount of required off-streetparking space. fo new uses or buildings, additions thereto and additions to existing buildings as specified · previously, shall be detenninedinaccordance with the following table, and the space so requir~d d sh.all,be irrevocably reserved for such use, except these requirements shall not apply to uses in existing buildings~ithinthe Central Business Districtof St.Joseph. The amount of required I i I I ! off-street parking in the Central 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 the Planning Commission with approval by the City Council prior to the issuance of a building permit. The amount of parking space required shall be based on the anticipated demand for parking and loading space, the length of visits generated by the particular business, and the availability of other parking spaces in the Central Business District. The Central Business District shall be located within the followingbouridaries: Properties lying to the West of First Avenue Northeast; lying East of Second Avenue Northwest; lying North of Minnesota Street;, and lying South of the east/west alley which is between Minnesota Street and Ash Street. The lots within the Central Business District are: Lots 4, 5, and 11 through 15 of Block 10; Lots 7through 12 of Block 9, and Lots 7 through 12 ofBlock4, all in the Original Townsite of S1. Joseph. a) Single family, two family non-rental residential units. Two (2) spaces per unit. b) Boarding house, 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) spaces for each three-bedroom' dwelling, and an additional 1.25 spaces for each additional bedroom within the dwelling. Any bedroom larger than 140 square feet shall be considered as two bedrooms for the purpose of determining the total number of bedrooms within a dwelling. Fn~ctiona.l nUIl1bers shall be rounded up to the next highest whole munber. · c) Motels, motor hotels, hotels. One (1) space per each rental unit and one (1) space for each employêe on any shift. d) Church, theater, auditorium'. At least one (1) parking space for each four (4) seats based on the design capacity òfthe main assembly hall. e) Hospitals. Three (3) spaces per each bed. £) Medical, chiropractic, dental or hospital out..,patient clinics. One (1) space for each one hundred ten (110) square feet of net floor area or seven (7) spaces per doctor, whichever number of parking spaces is greater. g) Long Term Care Facilities, Assisted Living Centers, Rest Homes and Retirement Homes. One (1) space for each two (2) beds forwhich accommodations are òffered and one (1) for each employee on any shift. h) Elderly (senior citizen) housing. One(1) space per unit. i) Drive-in restaurant and convenience food~ At least one (1) parking space for each thirty-five (35) square feet of gross floor area, but not less thart fifteen (15) spaces. · j) Office buildings and professional offices, other than medical, chiropractic, dental . . orhospitaLout-patient clinicsJOne(l}space for each two hundred fifty (250) I square feet of floor area. k) B~w1iI1gLley. At leaSt ¡¡Y&(~P3,1'kÌJ1g. sp""es fqr ea<:h alley, plusa<iditiøn,al spaces as ,may be required herein for related uses, contained within the principal structure.! ' ! 1) Automoti~eService Station. Atleast four (4) off-street parking spaces plus two (2) off-street parking spaces for each service stall. Thosefacilities designed for sale of other items than strictly automotive products, parts andlorservice shall be required to provide additional parking in compliance with other applicable sectionsJf this Ordinance. ' " . I m) Retailstdre and service establishment. At least one (1) off-street parking space for ,each ~hreehundred (300) square feet of floor area. I i. n) Retail sales and service business with fifty (50) percent of woss floor area devoted to storage, warehouses and/or industry. One (1) spacefOl" each three hundred (300) square feet devoted to public sales and/or service plus one (1) I spacefo~each one thousand (1,000) square feet of storage .areaor one (1) space for each ~mployee on the maximum, shift which is appropriate. I . 0) Restaurants and cafes. Atleastone(l)spacefor each four (4) seats used by patrons, rlUS oIle(l) space for each employee on the maximum shift. p) Private clubs serVing food and/or drinks, bars,tavems, nightclubs. At least one .. I (1) space for each fifty (50) square feet of gross floor axea.. I ,. i . , j:' " q) Funeralhome and Mortuary establishments. Atleasttwenty(20) parking spaces for each]chapel or parlor, plus one (1) parking space for each funeral vehicle maintained on the premises. I Manufa¿turing, fabricating or processing of a product or material, warehouse, storage, !handling or bulk goods,posfoffices. . At least eight (8) spaces, plus one (1) spacb for.each two (2) employees on e,achshift based on maximum planned eIXlpl0~ent9r at.a minimum one (l)spaceforea,chf1ve hundred (500)squaxe feet offloor'area. i , I s) Car wash.. .... (In, addition to required stacking space.) I I, ",,".. . ,. .., , " '" .... .....' Automatic drive through, serviced. ... Ten (I 0) spaces per ba.yfor stacláng purposes plus one (1) space for each employee, on the maximum shift. i ¡ 2. Self-service. Three (3) spaces per bay for stacking purposes, plus a . ininimum of two (2) additional spaces. i I I I I I I I ! ! , Subd.5: Parking Lot Standards. In all districts where. off~street parking lots are · pennitted or required such off-street parking shall be constructed and maintained subject to the following regulations: a) Adequate ingress and egress shall be provided. b) Such parking lots shall be constructed and maintained in a useable condition, with a hard surface consisting of concrete, bituminous, pavement or paver stone desÍgned to drain and dispose of surface Water. Recycled bi:tuminous or concrete shall be prohibited except as pennitted in an industrial areaby special use permit or VarIance. c) Whenever such parking lot boundary adjoins property zoned for residential use, a setback offifteen (15) feet ftom said lot line shall be required, and maintained. d) Necessary curbs or other protection against dam.ages to adj oining' properties, streets and sidewalks shall be provided and maintained. e) Plans for the 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. These standards shall not be applicable to parking provided for single family or two family residences, public parks' or other publicly owned property. Parking lot standards for · industrial uses may be subject to variance or modificatioriby the conditional usepennit for the specific industrial use. In considering a request for variance or modification, the City shall consider the location Çlf the property, size.of the parking area, use of the parking area, adjacent property uses and the impact on the general well being of the community. Alternative surfaces which may be permitted in an industrial ãrea are limited to Class 2 crushed granite which conforms to the requirements ofMN/DOT specification 3138 with visual evidence of further consolidation. Parking lots existing on or before January 1, 1996, do not have to be brought into compliance with these standards until such time as any of the following events occur. (a) a new structure is constructed on the property served by the parking lot; (b) an äddition is constructed to any existing structure located on the property served by the parking lot; (c) A change in use of the property served by the parking lot occurs which results in a remodeling of the structure requiring the issuance of a building permit. Subd. 6: Required Loading Berths. In connection with any structure which is to be erected orsubstantially altered and which requires the receiptor distribution of materials or merchandise by trucks or similar vehicles, with a gross floor area of five thousand (5,000) square feet or more, there shall be off-street loading provided on the basis of the following: · Gross Floor Area MinimUIl1.required . square feet I loading berths I 5,000 to 16,000 1 16,000to 140,000 2 40,000 t0170,000 3 70,000 tal 100,000 4 each additional 4þ,000 1 additional 1 I . Subd..7: Sign R¿gulation. All sigrishereafter erect~d or maintained,.. except official, public, traffic and street signs shall conform to the provisions of this subdivision and any other ordifance or regulation Ófthe City. I ' Subd.~: General Provisions. The following regulations shall apply to all signs hereafter pe ittedin all districts:! I a) Signs shall not be permitted within. the ptlblic right-of~way or easements, except as erectedpy an officialµnit of gover.n.ment orpuhlic utilities for the direction of traffic., or ;necessary public information~ I b) Flashing'Dr rotating signs resembling emergency vehicles shall not be permitted in anydiftrict. c) Nosigll~hall be placed that resembles any official marker, erected by a . governmental agency or shall display such words as "stop" or "dan.ger". d) No sign ~hall be permitted to obstruct 'any window, door, fire escape, stairway or opening intended to provide light, air, ingress or-egress for any building or I structurel I _ - e) TheovJer, lessee or manager of any ground sign and the, owner of the land on which thþ saJ11e, is located shall keep grass or weeds. a11d other growth .cut and debris mid rubbish cleaned upandremovedftom the Jot on which a. sign is ..löcated..! f) AdvertiJingsigns,business signs and name plate signswhichmaybe or may hereaftetbecome rotted, unsafe or unsightly shall be repairedol'removed by the owner at lessee ofthe property upon which the sign stands upon notice by the Building Inspector, I 1 , g) Whereå sign is illuminated, the source oflig~t shall not shine upon any part of a reSid~tor ìµto a ~S~EN~E~I§~;~0t~r~Y~a<iì~Y' I ' ,. ., ',.." ,.... h) No advertising or business sign shall bepermitt~din anyRESIDENTIAL DISTRIçr,. except signs advertisingapeITl1itted home occupation limited to an overall kea of six (6). square feet. ! i No sign! shall. be, of such a nature, or placed in such a positionthatitwill cause . danger ~otrafficon a street. I I I i I ] j) No sign shall project more than two (2) feet over a public sidewalk. k) No signs shall violate the front, side or rear yard requirements of the district Ín . which it is placed. Subd. 9: Special and Temporary Signs a) One (1) identification sign not exceeding thirty-five (35) square feet in area for the following uses: church, school, hospìtal, parks and recrêation areas or similar uses. Such signs shall be solely for the name and, of the use and its activities and may be illuminated but not flashing. b) Temporary signs advertising a new subdivision development limited to the following: (1) maximum size shall be thirty-two (32) square feet in surface area, (2) maximum height of fifteen (15) feet above ground level. 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 six (6) square feet. d) Temporary signs of contractors, architects, mechanics, special events and artisans are permitted, provided that such signs shall be removed promptly upon completion of the work and further provided that such signs shall not exceed thirty-two (32) square feet in area. . Subd. 10: Portable Signs. - a) Defiriition. A portable sign is one that is movable from one location to another and is not permanently affixed to the ground, sáles display device, or structure. All relevant regulations in Subd. 12 of this section shall apply. b) Permit Required. A business seeking to use or display a portable sign shall obtain a pennit ftom the City for the period of display. Permits will specify the length of time the sign will be displayed, location of the sign, and business applying to use the sign. c) Length of Use. The duration of time a portable sign 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 which accounts' for all letters, numbers and attachments; excluding material required to support the sign. Subd. 11: Advertising Signs and Billboards. For purposes of this section; an advertising sign or billboard shall be a sign which directs attention to a business, profession, commodity, service or entertainment which is sold or offered on a premises other than that on which the sign is located. No advertising signs or billboards are permitted within the City of St. Joseph, other . than those specifically allowed by this Ordinance and meeting the requirements of the following paragraphs: I I ! . a) Advertisirlg signs or, bìllboardsmay be constructed and maintained, . pursuant to a . I ,,',' .'. ." ,,'. ." ,..'. ' Special Use Permit, only on property zoned· for use as IndllstrìaL(I)...and/or , Agricultuta1 {A)."No advertising signs orbìllboards shallbe.constructed or maintainetl on property subj ect to any other zoning classification than that specif¡ca1Íy allowed herein. ' b) AdvertisiAg signs or billboards shall notbepermitted,withinapub1ic right-of-way or easement. I I c) Illurnin~tíonof advertising signs or billboårds ispennitted if the illumination is directed tbward the surface of the sign and limited to the sign surface. Illuminated '-. signs ma~ not give off an intermittent, rotating, concentrated or directional beam, or flashinß light of any kind. ' ! I d) An· advertising sign and billboard shall not be constructed or maintained which resembles any official marker erected by a govemmentaLagency, or displays words such as "stop," "yield," or "danger." ! e) An advertising sign and billboard shall not b~ constructed or maintained in a manner s6 asto obstruct any window, door, fire~scaBe:, stairway or opening I intended to provide light, air, ingress or egress for any building or structure. ¡ . f) Advertis~ngsigns and billboards which become rotted, unsafe or unsightly shall berepair¢dor removed by the licensee, owner or owners ofthe propeJiy .onwhich the sign stands upon notice from the City Building Inspector. The owner, licensee Or owne~ ofthe landau which the sign is located shall keep graS$, weeds and oth~rgr9wth. cut, añd,sl}.a1LclefU1up a11~remove all debris or rubbish from the lot on which the signis l()cated. If the owner, licensee or owner of the property fails to act in laccprdance'Nith tlúsparagraph,tl1eCity may remoye, the. sign in question upon thel direction of the City Council" and all costs incurred for removal may be 1 ....... .. c-,:' .... ...:, ': .. .. .... ':.'....., ,,' .. .... .. .:.:.... .. ,'-.... " charged ~o the owner of the sign and if unpaid, certified to the County Auditor as alien against the property on which.the sign wasJocated. ! ': ::. .. ....-,. "'" .." ': , ! g) Advertisingsigns and billboards shall be constructed or maintained which obstructf traffi? visibiUty. h) , AdvertdingsignS and billboards sl1allnot be located ontheroofof a building or painteddirectlyon,theside.ofthe building, unless itis clear1y.de1l1onstrated to the Planning COnunissioµ tl1at the location ofthe sign does not thJ:'eaten the structural integritx of the building in question, cause a safety hazard:to.anypersons or property in the vicinity of the building in question, andisa,esthetically consistent with an non-offensive to the properties in the immediate area of the building in . ! questIOn. I i) A.llbillboards or advertising signs shall maintain ,a minimum setback of at least20 . feeffrOIn any point on the sign from all property lines of the property on which the sigrÍ is constructed or maintained. 'I I I I j) Advertising signs or billboards shall not be constructed, maintained ,or located any . closer than '1,000 feet,:frömany other advertising sign or billboard. An advertising sign or billboard structure which is constructed to as to allow the display of advertising on both the :front and back side of the structure shall constitute a single sign for purposes of the 1000 feet limitation. No advertising sign or billboard shall project higher than 36 feet above the average grade of the property on which the sign is located. An advertising sign or billboard structure shall not contain more than two individual signs per facing. No individual sign shall exceed 25 feet in total length, 12 feet in height, and 300 square feet in sign surface area. No advertising sign may be erected within 200 feet of an adjoining residential district. Where the advertising sign location is across the street or roadway :from a residential district, compliance with the set-back requirements of the zone in which the sign is situated shall be considered adequate. Subd. 12: Business Signs. Business or industrial signs may be erected, attached or painted on to a structure, and maintained in conjunction with' a commercial or industrial use provided: a) That the area on one side of all such signs erected on one street ftontage of any one premises, shall not exceed fifty (50) square feet. b) Such sign except a directional sign, is erécted only on the premises on which the use, to which the sign relates, is conducted. . c) Notwithstanding the above, where two or more separate and individual commercial or industrial operations are conducting business in separate areas of a single building or structure, in which each 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 individual business operation may be pennitted to display an individual business sign as provided in subdivisions a) and b) ofthis Section, except that said sign must be directly attached to that particular premises actually occupied by the business operation to which the sign relates. In addition to these individual business signs, the combination of business operations occupyingthe'structtire, may maintain a 50 square foot sign detached :from the structure identifying the structure, the individual business operations located therein, or other reference to the combination ofbušiness operations located withirt the structure. 'For purposes of this subdivision, a combination of two or more business openltiòns within a single structure includes, but is not limited to, shopping centers, shopping malls, and subdivided retail, office or industrial buildings offered for lease or condominium ownership. . ( Subd. 13: Sign Removal All signs not maintained and kept in good repair shall be subject to removal upon . direction of the City Building Inspector. . Subd. 14:. Accessory Buildings. In all residential districts ,detached accessory buildings shall ,e located inthe reat yard. When locatedwithinten(10) feet.ofthe~ear wall of the princi al building !hey sh~llcomplywith allyardrequire1Ilents applicable.oto the principal buildi gin the.district Where accessory buildings are to be locatedmorethan ten (10) feetfrom a rear wall oftheprincipa~ building they, shalL not be located closer !han five (5) fe~t from an adjoi ing side or rearlotte. All accessory buildings shall setback aminimum of fifty (50) feet :tram ant street right-of- I.aylines. Accessory buildings are further limited not to exceed over one( ) story of sixteen (16) feet inheight. I a) All garage~ shall, if the vehicle entrance backs upon a public alley, be setback at least five (5) feet from the public'alley right-of-way. I b) In no case ¡shall the door of any structure, building,fence orimprovementbe erectedor.constructed so as to extend beyond any lot line. c) b:1 busin,e4 ¡¡ndmanufi!Chn:ing districts, acceSsory buildings and. US"" i11aY Occupy·. . anyofthe¡ground area wbich the principal building is permitted to occupy. Accesso11i buildings such as buildings for parking attendants, guard shelters, gate houses and transforrnerbuildings, may be located inthe front or sideyardinthe I..········· .:. IndustrialjDistrict. 1 Subd. 15: Genertl Fencing,' Screening, Landscaping and Storage. ! i . a) All matEJrialsand equipment, except as provided in the district provisions of this Ordinanc~ shall be stored within a building Of structure ofscreEJned so as not to be yisiblefromadjoining properties,. except the following: ! , 1 l. Usable laundry equipment (clothes lines). 2. Jecreatigf..¡'~uiPJIlent ""4~onal vebìci~~. I 3. qons~ctionand'landscaping,material currently being usedpn the premISeS. b) All fences, walls, hedges .or similar structures, shall conforrn.to, Ordinance STof I this Code. c) In all COh<¡rciai and indus1rÎaI districts adj acentto residen\Ïal dist;lcts...Dd not divided þy streets there shall be provided along the property line a fifteen (15) foot wide planting strip composed.of grass, trees and shrubs. A screeningfence may be htilized when approved by.the Planning Commission.Suchfence shall not excted eight (8) feet in height nor be less than six (6) feet in height. d) In allz6ning districts ,the lot area remaining after providing for parking, drivewáys, loading, sidewalks or other requirements shall be planted and . maintairied in grass, ,sodding, shrubs. or other acceptable vegetation or landscaping 1 . , . , techniques. I j i 1 I I I I I Subd. 16: Building and Lot Restrictions. . a) No building shall be erected, converted, enlarged, reconstructed. or structuralJy altered, nor shall any building or land be used except for a purpose pemitted in the district in which the building or land is located. b) No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district inwhich the building is located. c) No building shall be erected, converted, enlarged, reconstructed or structurally altered except in confonnity with the area regulations of the district in which the building is located. d) The minimum yards and other open spaces, including lot area per family, required by this Ordinance'for each and every building existing at the time of passage of this Ordinance or for any building hereafter erected shall not be encroached upon or considered as yard or open space requirements for any other building. e) Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (1) principal building ,on one lot unless provided in this Ordinance. ±) On a through street, a lot fronting on two parallel streets, or a comer lot, both . street lines shall be front lot lines for applying yard, setback and parking requirements, except that for the purpose of detennining the location of the' rear yard, the following rules apply: (i) For a comer lot, the rear yard shall be. that portion of the yard opposite the yard frontage as defmed by Section 52.4.42; (ii) For a through lot, the rear yard shall be that portion of a lot opposite the street from which the principal structure derives its address. Any use generally pennitted within the rear yard of a lot may be pennitted in the rear yard of a through lot or comer lot so long as the use meets all setback requirements, assuming that the front yard setback applies to all streets abutting the property. g) Mobile homes as defined in this Ordinance shall be limited to locations in mobile home parks provided in the district provisions. h) Any dwelling constructed in an area zoned R-l, on a lot of a plat approved by the City on or after July 15, 1991, shall include an attached or detached private garage of at least 20 feet in width and 22 feet in depth. For purposes of this ordinat1ce, width shall be measured on the side of the . garage having an overhead garage door for motor vehicle access. I I . i) Residentia~lots shall.have no more thana single curb ,cut providing access to thé lot. The curb cutshallnotbe more than 24 feet in width. I Subd. 17:, Height and Yard Exceptions. a) Chimneys,!coolin~ towers, elevator bulk heads, fire towers, drive-in movie theater screens, ~ain elevat()rs,silos,penthouses, stacks, tanks, water towers, pumping towers, radio or televisi?11 towers, monuments, cupolas, steeples and mechanical appurteIlartces pertaining, to and necessary to ,the. permitted use of the, district in which they are located, shall notbeincluded in calculating the height of the principal structure. Wind energy towers and solar collectors will be allowed by the varia11geprocedure provided under this Ordinance. . ! ',' b) Outside. sÜürways, fire escapes, fire towers, porches, platforms, deçks, balconies, boiler flucls. and other similar projections shall be considered as part of the building and not al}owed as part of ther~quired space for yards, courts or unoccupied space, provided, ¡however, that this provision shall not apply to one (I) fireplace or one (1) chimney, not more than eight(8) feet in length and proj ecting not more. than thirty (30}inch¢s into the allowable side yard space norcomicesnot e:xceedingsixteen (16) inches in width nor to platforms, terraces or stepsbelowthe first floor level, rior tounenclpsed porches or other ground level unenc1osedprojections notover onë (1) storyinheïght which may extend into a front or rear yard not morethan five (5) feet, or into a~ide yardnotmorethanfour (4) feet, but such platform shall he restricted . from the five (5), foot required. sideyard in the residence district. ¡ I Subd. 18: Generål Performance Standards. a) A11sewa.ge andwaterfacilities shall be connected to the Municipålsewer and water facilitiesiwhenavailable.Where sewersar,e not constructed or in operation all sewagef"acilities shall be.connectedto. approved septic tanks and disposal fields. b) This protion sbal1 notapply to temP0rBlY comt¡ucti9~ sites, or portable units Any ligh,ting used to illuminate an off-streetparking area, signor other structure, shallbe ~anged as to deflect light away from any adj oining residential zone or ftomth9 public streets.' Direct or sky-reflected glare, wherefrom floodlights or from high temperature processes such as combustion to welding shallnot be d.irectediintoanyadjoining property. The source of lights shall be hooded or controll~d in.some manner so as not to lightadjacentproperty.Bare incandescent I, ,','__;. ,"_ ,'" " ,'., , ,'. ",,' '_.,' ,"',' -, light bu}bs shal}not be permitted in view of adj acent:property Or public right-oftway. . Any light or combination of lights whichyase light on apllblic street sljallnot exceed one (1) foot candle (meter reading) asmeasur~dfr0mthe centerline of said street. .Any light or combinatiop.oflights which.castlight on residen#alproperty shall not exceed 0.4 foot candles (meter reading) as measured from safd property. I .:, c) The emission of smoke by any use, shall be incompliance with and regulated by! the Stat;e of Minnesota Pollution Control Standards, Minne~ota Regulation . APC-I-; 15 and as subsequently expanded, modified or amended. I' , I I 1 ] , I I I i i " i d) The emission of dust, fly ash or other particulated matter by any use shall be in . compliance with and regulated by the State of Minnesota Pollution Control Standards, State of Minnesota Regulation APC-I-I5 and as subsequently expanded, modified or amended. e) The emission of odorous matter in such quantity as to he offensive shall not be pennitted. The emission of odor by any use· shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC-I-15and as subsequently expanded, modified Or amended. f) All noise shall be muffled so as not to be objectiQnable due to intermittence, beat :frequency or shrillness and as measured at any property line, shall not exceed the minimum standards established by the State of Minnesota, Regulations mc 1, 2 and 4. Subd. 19: Performance and Nuisance Standards. This section provides for performance and nuisance standards applicable to INDUSTRiAL districts and not provided elsewhere in this Ordinance. a) Every applicant for a permit to develop or expand any industrial property in the City shall be required to submit a complete ~daccuratestatem~t concerning . the specific nature of the use to which the property is to be put and shall certify . that the proposed use shall comply with all regulations, ordinances, or special provisions which may apply. b) The Planning Commission shall have the right to require any additional information, cOITections, or control, deemed necessary for the protection of the public. The Planning Commission shall have the right to hire expert consultants, at the permittees' expense, to assist in the establishment of special restrictions for any Industrial Use. c) Every applicant shall be required to submit for approval of the Planning Commission a landscape plan providing for the planting of trees and other vegetation. d) Any use creating periodic earthshaking vibration shall be prohibited if undue vibrations are perceptible beyond boundaries of the property on which the use is located. This standard shall not apply to vibrations created during the process of construction. e) Any use requiring the storage, utilization or manufacture of products which could decompose by detonation shall be located not .less than 400 feet :from any residence. This section shall not apply to the storage or usage of liquid petroleum, natural gas for normal residential or business. use providing' other performance . standards are met. · f) All activttiesthatemit radioactivity shallcom.ply \Viththeminimum requirements of the Feâeral regulatory body. '. ,..,.,' ' AIl.)]!!es LSO.cj~ed with b1Ùi< ~e QfØjJ, gas()line, liquid fertilizer, chemicals; g) similar liquids and hazardous substances shall comply with the requirements of the Min:riesota State Fire Marshall, the Minnesota Department of Agriculture and otherh~ardous sµþstanc~.legislation þy thef ederal government. The user of such m~terialshaJJhavedocurnents from the above offic,esthat the use is in complía4ce. Allexisti\1ga,.boveground liqµid storage tanks with a capacity of 2,000 gjlOnS ormore, shaJLcomplywiththerequirementsofthe Minnesota State Fire M '¡shall's office within 12 months following enactment of this Ordinance. I . . . '. . .. . I I Subd.20: . Regulation of Adult EntertainmentEstablishments, ': a) Purpose iandlntent. The purpose and intent of the ~dultentertainmentregulations set forthlintþi~ ordinance is to serve a substantiaJgovernment interest by ~ttemptingtopreserve the qualityan4 vitality of neighborhoods, curtail the depressÛm of prop~rty values, restrain in9reased criminal actÍ\Tity and slowthe spreac1 o:fsexually·transmitted diseases. r·o· ',. _ ',> - i Adult Eritertainment Establishments, as defined by this Ordinance, because of their veto/nature, are recognized as having serious objectionable operational charact~ristics that have a deleterious effect upon the use and enjoyment of · adj acent areas. These secondary effects are especially evident where such uses are con1entt~çd,< . . . ... .. ..... One of the objectives ofthis Ordinance is to disperse the adult uses through separatibn requirements from another adultuse, and from, othersignificai1.t1y incomp~tible.uses. The ordinance allows adult entertainment est~blishmentsOIlly in Industry.Qistricts. lnthis cpmmunity, those areas provide opportunity for sites \Vithgopdyisibilio/and acces~to"majorstreets and highways. . The.sec~ndaryeffects associated with adult entertainment establishments, include an increased level of criminal activity, increased risk of exposure to sexually trapsmirted,diseases, depression, of property values and a significant change in the I . ','...,,' character of surrounding neighborhoods. /' "'.,, I However,· it is recognized that such regulations cannot de facto approach prohibiÜon. Otherwise, a protected fonn, of expression, woµld vanish. The' adult entert~ÍJ.1ment regulations setforthherein re¡)resenta balancing ofcompeting interests, reduction of objectionables~condary effects through the regulation of adult eritertainmentestablishments versus the protec!edrights of the owners, oper~tqrs,perf0rm.ers and patrons of those establishments. i b) Definitions. For purposes of this section, the.following definitions shall apply: · i) I "Adult Arcade": An establishmelltwhere, forapyJorm of consideration, lone or more motipn picture proj ectors, videp players, slide proj ectors, or I ¡ I I i similar 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 , description of specified sexual activities, prohibited nudity or child, pornography. ii) "Adult Bookstore": Anestablishmeht that has more than twenty percent (20%) ofitsstock-in-trade and offerS fór sale, anyone or more ofthe following: 1) books, magazines, periodicäls,.or other printed matter, or photographs, films, motion picmres, vìdeocassettes~slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities, prohibited nudity or child pomog'råphy; or 2) instruments, devices, or paraphernalia thàtàre designed for use in connection with specified sexual activities. iii) "Adult Cabaret": A nightclub, bar, restaurånt, or similar establishment that regularly features live penonnances that are characterized by the exposure of prohibitednúdity or by specified sexual activities, or films, motion pictures, videocassettes,' slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or'description of specified sexual activities, prohibited nudity or child pornography. ' , iv) "Adult Motion Picture Theater": An establishment where, for any fonn of . consideration, films, motion pictures, video cassettes, slides,. or similar photographic reproductions are shown, and in which asubstantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities, prohibited nudity or child pornography. v) "Adult Theater": 'A theater, concert hall, auditorium, or similar establishment characterized by activities featuring the exposure of prohibited nudity,'specified sexual activities or child pornography. vi) "Child Pornography":' Literature, books~ magazines or other printed matter, or photographs, films, motion pictures, video cassettes or other visual representations depicting or displaying a person under the age of 18 and the display or depicting is obscene as thaf tenn is defined by Minn. Stat. ' 617.241, Subd. l(a) or constitutes Prohibited Nudity as herein defined. vii) "Sexual Encounter Establishment": An establishment other than a hotel, motel, or similar establishment offering public accommodations, which, for any fonn of consideràtion, provides a place where two or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of prohibited nudity. This definition does not . include an establishment where a medical practitioner, psychologist, psychiatrist, or similar ]?rofessional person licensed by the state engages in , I r i · medical care or sexual therapy; or, any accredited educational institution wherJ prohibited nudity occurs in the context of modeling for an art class. ! viii) "Prohibited Nudity" : Prohibited Nudity means and includes any of the following: 1) less than completely and opaquely covered human genitals, pubi9 regions, pubic hair, vulva, cleftofth,.e buttocks, anus,. or female breaSts below apointimmediately above the tQP of the areolae; or 2) humån male genitals in a discernibly turgid state, even i[completely and I .' " ,.' , " '. opaquely covered. I ¡ ix) "Spdcified Sexual Activities": Includes any of the following:> 1) the fondling or other erotic touching of human gellitals, pubic region, I ' . . buttocks, anus, or female breasts; 2). sex acts, actual or simulated, incl~ding sexual intercourse, oral copulation;tlagellation, bestiality, sodÓmy orany sexual act which is prohibited'bylaw. 3) masturbation, actJal or simulated; or 4) excretory functions as. part of or in connection wit1Ìanyofthe activities setforth in subdivisionsl through 3 ofthis " I subsection. , c) Adult Entertainment Establishment Zone. Adult Entertainm.entEstablislnnents . shaUbe pefmitted only in areas zoned as Industry Districts. . Adult Entertainment Establislnnentsshall not be permitted in any other zoning'district..Adult EntertainnÌent Establishments shall have a minimum separationof500 lineal feet · from any ~ther adult entertainment establishment, and at least 1,000 lineal feet from any ~otel, motel, nursing care home, home for the elderly, day care facility, church,school, or residentially zoned property. Subd. 2 f :.Regulaiion of Activities AdiacenttoWetlands. : a) The following activity shall be subjectto a 50 foot setback from wetlands:, The I- ,',. ,'." ... . construct~on or maintenance of a building attached to a foundation, including but not limited to, pole buildings. For purposes of this paragraph, PumP houses, moveabl~ storage sheds, recreational docks and storm water or erosion control devices shall notbeconsidered buildings. b) Thefoll~wing activity shall be subject toa 75 foot setback from wetlands: The construction or maintenance of paved driveways or areas designed for the par1çing of avehible or trailer. c) TheÆouJwing~!iVitìeS si)àl1 be subj ectto. ~ 100foof setback 1Ìom wet.lands: I i) The.construction or maintenance of.awell used for agricultural irrigation, 9r any well less than 50 feet in depth. . i ii) External storage· of materials used in conjunction with industrial or · bommercialprocessing or manufacturing. I, I , , I , ! iii) The storage of waste or refuse generated by industrial or commercial . activities. iv) The construction or maintenance of a septic system. Section 52.15: ZONING DISTRICT BOUNDARIES AND GENERAL DISTRICT PROVISIONS. Subd. 1: Establishment of Districts. The following district classificatiòns are hereby established within the boundaries of the City of S1. Joseph. A Agricultural District R-l Single Family Residence District R-2 Two Family Residence District R-3 Multiple Residence District R-M Mobile Home District B-1 General Central Business District B-2 Highway #75 Business District B-3 General Business District LI Light Industrial District EE Educational- Ecclesiastical District p Public Zone Subd.2: Map. The boundaries of the use districts are delineated on the Official Zoning . Map, which is hereby adopted by reference and declared to be a part of this Ordinance. Such map shall be on pennanent file and available for public inspection in the City Hall. It shall be the responsibility of the City Clerk to maintain and keep the map up to date and to record ~ach amendnient thereto within thirty (30) days. after official publication of the Ordinance adopting the amendment. The official map shall be signed by the Mayor and the City Clerk with the City Seal and certified that it is the official map of the City. Subd.3: Zoning District Boundaries. The boundaries of districts are the center line of streets; the center lines of alleys, the rear lot lines where there are not alleys; the side lines of recorded lots, designated distances where land is unplatted, section Jines or property lines. Subd. 4: Annexed Land. Any land hereafter annexed to the City shall bê considered to be in the agricultural district until otherwise classified or unless either of the following circumstances apply: a) Inthe event the annexed land has been rezoned by the JointPowers Board of the Township ofSt. Joseph and the City ofSt. Joseph and such action has been approved by the City Council of St. Joseph, such land shall be considered to be in the district for which it was rezoned by the Joint Powers Board. b) When approving 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 classified for zoning purposes as a district allowing a pennitted use consistent with the manner in which the,propertywasbeing.used at the time of the petition . for anJ?exation or as intended for the proposed use. Subd.5: Vacated Streets or Álle1ys.Wheneve1r any street, alley, or other public way is acated by official action of the City Council of St. Joseph, the zoning district adjoining each ~de of the street, alle¥orpublic way sJ¡aIJ be automatically extended to the centerofsucb tcation, and all areajinc1uded in the vacation shall then and henceforth be subject to all the propriate regulati0Jts of the extended districts. ~ Subd. 6: USe$ Not Provided for Within Zoning Districts. Whenev!,," iµ OIly zoning district a use is neit9erspeciqcally permiUednor denied and the use is neither sp",ifically permjUed in yother district, the ¡use shall be considered prohibited. In such case the City Council, the P¡lanning Commissio:q, ,or aprQperty OWlle1I may request a study by the City to determine if the tIS acceptable and if so, wbatwmng ilistrict would be most appropnate.and the detennination a to conditions and standards relating to development of the use. The City Council and Panning Commission: upon receipt of the 'study may, if appropriate, initiate an amendment to the z~ning ordinance to provide for the particular use under consideration or may find that the use is n t compatible for development within the City ofSt. Joseph. Section 52.16:! AGRICULTURAL DISTRICT. $ubd. I : Intent. To establish and preserve areas within the City for the continuation of v able agricultural opdratiQns; and to provide for very low density residential development for . tHose persons desiring a rural life-style. To preserve areas which due to natural features and lirited road sand proximity to available services are best suited to limited development as d termined by the policies of the CityCouncilr. ~ Subd.+: Permitted Uses. , a) Generaf farming as defined by this ,Ordìnance. , b) Single family residences as defined, provided they'meet the requirements of this section. c) Comm~rcial outdoor reçreational area, including golf courses, club houses and swimming pools. \ d) Roadsic;le stands for sale of excess garden produce provided they meet require1Ì1ents of this Ordinance. e) Public parks, recreational areas, environmental study areas and game refuges. ±) Nurseri~s and tree farms. Ro"", d¡cC"I'ations. g) . ] Subd. 3: Uses únder Special Use Permit. The following uses require a Special Use P rmit as regulated in this Ordinance. a) Mining, and extraction ofl'nineralsand dirt. . b) Governmental and public utility buildings and structures. c) Facilities for retail or wholesale trade connected wIth nursery and tree farms. d) Kennels, animal hospitals, stables, etc., provided th&)' are adequately separated ~ that: (i) Such uses. are adequately screened frornåbutting reside~ti.al uses; (ii) Any structure, not including pens or corrals, in ,which, aliiínals'are temporarily or permanently kept is located, at least 100 feet from aný lot line; and (iii) Animals 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, religious or charitable pu.rposes. g) Public and Private schools, provided that the area and location of any school and off-street parking shall be subject to the review and approval of the Planriing Commission. . h) Planned Unit Residential Development. i) Advertising signs and billboards subject to the restrictions contained in Subdivision 9 of this Section. as allowable under Section 52.11 Subd. 11 of this Ordinance. Subd. 4: Permitted Accessory 'Nidth Uses. a) Operation and storage of vehicles, machinery and equipment whichisincidental to permitted or special uses allowed in this district. b) Living quarters for person employed on the premises. c) Home occupations as defined by this' Ordinance. Subd. 5: Lot Area Requirements. a) MinimU1Î1 area.w 5 acres - 435,600 square feèt. b) Minimum lot width 300 feet at the building setback line, except that if a lot or tract has less area or width than herein provided and was legally platted and was . of record at the time of the passage of this Ordinance, that lot may be used for any ofthe uses permitted by this section. · Subd.6: Setback Requirements. 'I' . . a) Front yard setbacks of not less than 30 feet :£rom all other public right-of-ways, unless:: i) 30 percent or more of the ftontage on the same side of the street betwe~ two intersecting streets is improved with buildings that have observed a greate~orless depth of ftont yard in which instance no buildings shall project beyond a straight line drawn between the point closest to the street of the reside~ce upon either side of the proposed structure or, ii) If there be residences upon only one side, then be on the straight line projectedftom the ftont of the two nearest¡ residences. iii) This regulation shall not be interpreted to require a ftont yard o£morethan 100 feet. b) Side ykd setback shall be 15 feet. Wherever a lot of record existing at the time, of the pasßage of this Ordinance has awidth of75 feet or less, the side yard on each side of:a building may be reduced to a width ofthe lot, but in no instance sl1all it be lessthan 5 feet. i c) Rear yard setbacks shall be not less than 40 feet inwidth ftom each building~ I Subd. 7: HeigJt Requirements. I \ a) No building hereafter erected or altered shall exceed 2 '2 stories or shall it exceed · 35' feet in height, except as, hereinafter provided. 1 b) Public or semi-public or public service buildings, hospitals, institutions or schools may b~ 1erected to a height not exceeding 60 feet, and churches may be erected to a heigh not exceeding 75 feet if the building is setback ftom each yard . require~ent at least one foot for each foot of additional building height above the height Ilmit otherwise provided int the district in which the building is located. I ! " Subd.8. Site Covera~e. No structure or combination ofstructures shall occupy more than 30% of the lotarea. . , Subd. 9. Signs~ \ I , , . General Provisions. The following regulations shall apply to . all signs· in the A ricultural District:! \ a) Signs shall not be permitted within tbepublic right-of-way or easements, I except~serected by an official unit ofgoverninentorpublic utilitiesJor the directi~n' of traffic or necessary public information. b) Flashin~or rotating signs resembling emergency vehicles shall not be permitt1ed. . . · c) No Signl shanh. placed that resemhles any offidal marker erected hy a govermµental agency or shall display such words as "stop" or "danger". \ d) 'N.o sign shall be permitted t.o .obstruct anywind.ow, d.o.or, fire escape, . stab·way.or .opening intendedt.o pr.ovide light, air, ingress .or egress f.or any building .or structure. e) The .owner, lessee .or manager .of any gr.ound sign and the .owner .of the land .on which the same is l.ocated shall'keep grass .or weeds and .other gr.owth cut and¡debrisand rubbish cleaned up and rem.oved fr.om the l.ot.on which a sign is l.ocated. f) Advertising signs, business signs and name plate signs which may be .or may hereafter bec.ome r.otted, unsafe .or unsightly shall be repaired .or rem.oved by the .owner .or lessee .of the pr.operty up.on which the sign stands up.on n.otice by the Building Inspect.or. g) Where a sign is illuminated, the s.ource .oflight shall n.ot shine up.onany part .of a residence .or int.o a RESIDENCE DISTRICT.or any r.oadway. h) No~ign shall be .of such a nature .or placed in such a positi.onthatitwill cause dangert.o traffic .on a· street. j) N.o signs shall vi.olate the fr.ont, side.or rear yard requirements. Special and Temp.orary Si~ns . a) One (1) identificatión sign n.ot exceeding thirty-five (35) square feet in area f.or the f.oll.owing ùses: church,sch.o.ol,.or similar uses. Such signs shall be s.olely f.or the name and .of the use and its activities and may be illuminated but n.ot flashing. b) Temp.orary signs advertising a new subdivisi.on devel.opment limitedt.o the f.ollowing: (1) maximum size shall be thirty-tw.o (32) squarefeetin surface area, (2) maximum height of fifteen (15) feet ab.ove gr.ound level. c) Real estate signs, including signs advertising the sale .or rental .of premises, are permitted pr.ovided the area .on .one side .of any such signs shalln.ot exc,eed six (6) square feet. d) Temp.orary signs .of c.ontract.ors, architects, mechanics, special events and artisans are permitted, pr.ovided that such signs shall be rem.oved pr.omptly up.on c.ompleti.on .of the w.ork and further provided that such signs shall n.ot exceed thirty-tw.o.(32) square feet in area. P.ortable Si~ns. a) Definiti.on. A p.ortable sign is .one that is m.ovable fr.om .one l.ocati.on t.o . an.other and is n.ot permanently affixed t.othe gr.ound, sales display device, .or structure. \ I I , . b) Permit Required. ·A business. seeking to use or display a portable sign shall obtain, a permit from the City f()r the period of display. Permits will specify the leµgth of time the sign will be displayed, location of the sign, and business applYÙ1gto use the sign. I c) Lengtb òfUse. The duration of time a portable sign can be located on a I .. . , ',,', .' . propeFtyis'limitedto .amaximum of sixty (60)·da.ys in any one calendar year. I d) Size. ~ portable signshallnot exceed 50 square feet which accounts for all letters~ numbers and attachments; excluding material required to support the sign. Advertisinf?; Sif?;ns and Billboards For purposes of this section, an advertising sign 0l billboard shall be:a sign which directs attention to, a business, profession, commodity, slVice or entertainmentwhich is sold or offered on a premises other than that on which t e sign is located. . I I a) Advertising signs or billboards shall not be permitted within a public right-of.;.way or eåsement~ b) Illumination 'of advertising signs or billboards is permitted if the illumination is (iireGted toward the surface of the sign and limited to the sign surface. . IIlumin,ated signs may not give offanintermittent,rotating,concentrated or directional beam, or flashing light of any kind. c) An advertising sign and billboard shall not be constructed or maintained which resembles any official marker erected by a governmental agency, or displays words such as "stop," "yield," or "danger. . d) An ad~ertising sign and billboard shall not be constructed or ,maintained in a manner so as toobstrúctany window, door, fire escape, stairway or opening intend~d to provide light, air, ingress or egress for any building or structure. e) Advertising signs and billboards which become rotted, unsafe or unsightly shall bt(repaired or removed by the licensee, owner or owners ?fthe property on which.the sign stands upon notice from the City Building Inspector. The owner, licensee or owner of theland on which the sign is I located! shall keep grass, weeds and other growth cut, and shall cleanup. and remove all debris or rubbish from the lot on which the, sign is located. If the oWJ,1er, ~icensee or ()wner of the property fails to. act in accordance with this paragraph, the'City may remove the sign in question upon the direction of the City Council, and all costs incurred for removalmaybe charged to the owner qfthe sign and if unpaid, certified to. the County Auditor as alien against (the property onwhicb the sign was located. I . I i f) Advertising signs and billboards shall be constructed or maintained which obstruc~s traffic visibility. g) Advertising signs and billboards shall not be located on the roof of abuilding . or painted directly on ,the side 'of the building, ,unless it is clearly demonstrated to the Planning Commission that the location of the sign does not threaten the structural integrity ofthebúildingin question, cause a safety hazard to any persons or property in the vicinity of the building in question, and is aesthetically consistent with an non-offensive to the properties in the immediate area of the building in question. h) All billboards or advertising signs shall,maintain a minimum setback of at least 20 feet from any point on 'the sign from all property lines of the property on which the Sign is constructed or maintained. i) Advertising signs or billboards shall not be constructed, maintainec:lor located any closer than 1,000 feet from any other advertising sign or billboard. An advertising sign or billboard structure which is constructed to as to allow the display of advertising on both the front and back side of the structure shall constitute a single sign for purposes ofthe 1000 feet limitation. No advertising sign or billboard shall project higher than 36 feet above the average grade of the property on which the sign is located. An advertising sign or billboard structure shall not contain more than two individual signspèrfacing. No individual sign shall exceed 25 feet in total length, 12 feet in height, and 300 square feetin sign surface area. No advertising sign may be erected within 200 feet of an adjoinillg residential . district. Where the advertising sign location, is across the street or roadway from a residential district, compliance with the set-back requirements of the zone in which the sign is situated shall be considered adequate. Business or Commercial Signs a) That the area on one side of all such signs erected on one streêt frontage of anyone premises, shall not exceed fifty (50) square feet. b) Such sign except a directional sign, is erected only on the premises on which the. use, to which the sign relates, is conducted. c) Notwithstanding the above, where two or more separate and in:dividual commercial operations are conducting business in separatè areas of a single building or structure, in which each operation owns or leases, separate and individual premises, but share in the use and maintênance of common areas within or around the structure, then and in those circumstances, each individual business operation may be permitted to display an individual business, sign as provided in subdivisions a) and b), except that said sign must be directly attached to that particular premises actually occu.pied by the business operation· to which the sign relates. In addition to these individual business signs, the combination of business operations occupying the . stru.cture, may maintain a 50squ.are foot sign detached from'the structure identifying the structure, the individual business operations located therein, or other reference to the c.ombination of business operations located within . the strr-cture. Forpurposesofthis subdivision, a combination of two or . : ' more business operations within a single structure includes, but is not limited to, shoþpingcenters,shopping malls, and subdivided retail, office or in- ¡ dustri~l buildings offered for lease 01' condominium ownership. ! i Sign Removall All signs not maintained and keptin g~odrepair shall be subject to removal upon direction of the City Building Inspector.' , , , , I Subd. 10: Dev~lopment Plan Requirements. No building permit shall be issued until the Planning ,Commission approves the Development Plan to determine that the use and ' d~velopment is comp~tible with and comp-Iementaryto adjacÈmtland uses, and consistent w'th the stated intentl of this zone. The developer shall provide the following items to the PI nning Commission for any development located in the Agricultural District: I a) B~ildiJgIOcation on the lot, drawn to scale. b) Building elevations; front, rear and side. c) Building exterior materials and color. d) Locations of ingress and egress, points. e) Dumpster and solid waste pick-up areas and proposed screening material. 1) Sign lo¿ation and dimensions. . <. g) Lightin'gstandard 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) Landsc~ping material including the location, type of plant and size. I) Fire hydrant and fire lane locations. _ m) Utility locations. . n) Any other fencing, screening, or building accessories to be located in the develo~ment area. I Subd. 11. Additional Requirements. Uses may be subject to additional re uirements contained in thisOrdinanceincluding,.butnot limited to the sections· goferning parIdng, htme occupation, floodplain, sigus, etc. ' S1tion 52.17. R-l SINGLE FAMILY RESIDENCE DISTRICT Subd. 1: Intent. It is the intent of this district ,to provide·for the orderly development of res¡dential areas and to ¡avoid urban sprawl withiu 1he City; permit 1he development of single farpilydwellings; to provide reasonable standards for such development; ,to avoid overcrowding; an~to prohibit the use ~f land which would be incompatible with or detrimental to the essential res'dential character of such districts. . ' I r Subd. 2: Permitted Uses. I . a) Single fbilydwellings - non-rental occupancy. I . Public p~ks and playgrounds. b) I I I I I . " c) Horticulture, not to include the retail sa~eofproducts. .. d) Licensed residential group care facility ,with 1,300 feet between it and a similar facility and not to exceed six boarders. e) Licensed day-"care facility serving 12 persons or less. ±) Home occupations as defined by this Ordinance. Subd. 3. Uses Under Special Use Permit. The following uses shall require a Special Use Permit based on the procedures set forth in this Ordinance: a) Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community. b) Public or semi-public recreational buildings and community, centers. c) Licensed day-care centers serving 13 or more persons. d) Licensed residential group care facilities with seven or more boarders. e) Public libraries. . ±) Public and private schools provided that the location and off-street parking has been reviewed and approved by the Planning Commission. g) Institutions of a religious eleemosynary or philanthropic nature. h) Nurseries and greenhouses. i) Planned use residential development. j) Bed and breakfast. k) Uses which in the judgment of the Planning Commission and City Council are similar to those listed in this zoning district. 1) Residential rental if owner occupied. For purposes of establishing if the property is owner occupied, the owner must be a natural person and the owner occupying the property as his or her principal residence must own a fifty percent (50%) or greater interest in the property. The property must satisfy the parking requirements contained in this Ordinance. In addition"tb,erental unit must: i) contain a minimum of _ square feet of floor area; ii) have a ceiling height of at least seven (7) feet; . üi) contain adequate ventilation and fire escapes as determined by the Fire Chief; " I I \ I iv) 1 meefaU applicable rental codes. . I ' I . ... ..... ... i ' Subd. 4. . PennittedAccessory Uses. I I a) Privat9 garages, parking spaces and carports for passenger cars, trucks, recreational vehicl9~ and equipment. ' . I b) House~ andsimilarbuild1ngs Structures used for storage of domestic equipment and non-cohunercial recreational equipment. I I I c) SwiI1111iingpools,tennis courts, detachedscre<mporch org~eb();provided that 'the maximinn lot coverage requirement is not exceeded. . \ ] I . . ] I , .........'J d) Fe~ces. , e) Horite occupations as defilled by this Ordin3¡nce. I f) Access6rybuìlding(s )and/ or private., gaI"age( s ),eitherattached or detached, shall be subjectlto the following number and size limitations, and the general requirements of Section! 52:4. . ! i) One or two accessory buìldÌ11.gscoveringa combined area not greater than 1,350 ~quare feet,arepennitted. I ¡ ii) The combined area of the lot covered by the ,accessory buildings authori:z;ed in 1 " ,,' ~ubparagraphs i) above shall not exceed ten (l 0) percent of the total lot area. I i iii) tcCÿSSOrybui1~ings, must meet the ,fOllOwing. design standards: (a) Polebamsand/orpostframe construction is prohibited. (b) The exterior finish materials (such as siding, Shingles, etc.)shall be I similarin,nature and color to ,the exterior finish material of the principal \ \ structure. (c) Th~sid~walls of the struc!W"e may not exceed. ten (10) feetÌn height. (d) The roof slope shall be no greater than the steepest roof slope of the I principal structure, nor lessthan'the average of the roof slopes of the I principal structure. iv) 1 No accessory building nor structure shall be constructed on anyJot prior i to the time of construction of the principal building to which it is I ¡accessory. I \ Mv) Accessory buildings not specificallypennitted by this paragraph shall be . prohibited unless aµthoriz~dbyayariancespeciall1se permit granted' IPursuanttoQrdinance'52.&.9. Forpurpose§ofthis section; a pet shelter I , I I or a structure designed and used exclusively for play by children shall . not be considered an accessory building. Subd. 5: Lot Area Requirements. a) Minimum Area: 20,000 square feet where niunicipal sanitary sewer and water services are not available. b) Minimum Area where served by municipal sewer and water: 11,000 square feet. c) Average width of not less than 75 feet and an average depth of not less than 125 feet. Su.bd. 6: Setback Requirements. a) Front yard setbacks of not less than 30 feet on all public right~of~ways, unless: i) 30 percent or more of the frontage on the same side ofthe 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 proj ect beyond a straight line drawn between the point closest to the street'line of the residence upon either side of proposed structure or, ii) If there are residences upon only one side, then beyond the straight line . projected from the front of the nearest residences. iii) Nothing in this regulation shall be interþretedto require a front yard of more than 50 feet. iv) Where the street is curved, the line shall follow the curve of the street rather than to be a straight line. b) Side yard setbacks shall be ten (1 0) feet from the main structure and five (5) feet from garage 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 structure and any garage or accessory structure. c) Rear yard shall have a depth of not less than 20 percent of the depth of the lot. Subd. 7. Height Requirements. a) No building shall exceed 22 stories or shall it exceed 35 feet in height. Subd. 8. Site Coverage. No structure or combination of structures shall occupy . more than 25% of the lot area. i I I I . Subd. 9. sJS. I General Provisions. The following regulations shall apply to allsigns in the R-l District: I I I I I. ' a) Signs shall not be permitted within the public right-of-way or easements, exceptjas erected by an official unit of government or public utilities for the directi9n of traffic or necessary public information. ' . I, , b) Flashi~g or rotating signs resembling emergency vehicles shallnot be permitted. I i c) No sig~ shall be placed that resembles any official markeI: erected by a governmental agency or shall display such words as 1,1 stop II. or II. danger II. . i , I I d) No sigJishall be permitted to obstruct any window, door, fire escape, stairw~y or opening intended to provide light, air; ingress or egress for any building or structure. ,. I e) The oWner, lessee~rmanager of any ground sign and the owner of the land onwhibhthe same is located shall keep grass or weeds and other growth cut I . , . andde~risand rubbish cleaned up and removed from the lot on which a sign is located. . I ] f) Business signs and ' name plate 'signs which may be or may hereafter become 1 - . ' _ . rotted, ,unsafe or unsightly shall be repaired orremovedbytheowneror lessee~fthe property upon which the sign stands upon notic~ by the Building Inspector. I ' I g) Where1a sign is illuminated, the source of light shall not shine upon any part I of a residence or into a RESIDENCE DISTRICT or any roadway. . h) No Si~ shall he of such a: uature or placed in snch a position that it will canse danger Ito traffic on a street. I I j) Nosign's shallyiolate the fropt, side or rear yard requirements. NO~dvlrtising signs or billboards are permitted. k) I . I Special and, Temporary Si2ns . ' I a) One (I)! identification sign not exceeding thirty..;five (35) square feet in, area for.the following uses: church, school, or similar uses. Such signs shall be solely fÓrthe name and of the use and its activities and may be illuminated I but not flashing. . I I I ¡ b) Temporary signs advertising a new subdivision development limited to the . following: (1) maximum size shall be thirty-two (32) square feet in surface area, (2) maximum height of fifteen (15) feet above ground leyel. 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 six (6) square feet. d) Temporary signs of contractors, architects, mechanics, special events and artisans are permitted, prQvided that such signs shall be removed promptly upon completion of the work and further provided that such signs shall not exceed thirty-two (32) square feet in area. Portable Sif!ns. 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) Permit Required. A business seeking to use ordisplay.a portable sign shall obtain a permit from the City for the period of display. Permits will specify the length of time the sign willbe displayed,Jocation of the sign, and business applying to use the sign. c) Length of Use. The duration of time a portable sign can be located on a . prQperty is limited to a maximum of sixty (60) days in anyone calendar year. - c) 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. Sif!D Removal. All signs not maintained and kept in good repair shall be subject to removal upon direction of the City Building Inspector. Subd.10: Yard Cover. Everyyard'on a premise on which a dwelling stands shall be provided with lawn or combined lawn cover of vegetation, gardens, hedges, shrubbery, and related decorative materials and such yards shall be maintained consistênt with prevailing community standards. Motor 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. Subd.11. Additional Requirements. Uses may be subject to additional requirements contained in this Ordinance including, but not limited to the sections governing parking, home occupation, floodplain, signs, etc. Section 52.18: R-2 TWO FAMILY RESIDENCE DISTRICT. . i \ I . Section ·1. Irltent. It is the intent of this district to provide fortheorderly development of residential areas an~ to avoid urban sprawl within the City; permit the development of single ~dtwo family dwellings; to provide reasonable standards for such development; to avoid ; 01 ercrowding; andio þrohibit the use of land which would be incompatible with or detrimenta~ t the essential residential character of such districts. Section 2. plrmitteduses. ] ! a) Singlt~ family dwellings, owneroccupied{as defined in Section 52.17, Subd.¡3(1). ! i b) Two ~amily dwellings, owner occupied (as defined in Section 52.Ì 7, Subd. 3(1). '\ . c) Public parks and playgrounds. I I d) Hortiqulture, not to include the retail sale of products. i e) Licen~ed residential group care facility with 1,300 feet between it and a similar facility and not to, exceed six (6) boarders. I , f) Licen~ed day-care facility serving 12 persons or less. I I . Subd. 3. Use~ Under Special Use Permit. Thefollowing uses shall require a . pedal Use Pennit based on the procedures set forth in this Ordinance. I a) Goveri:n:nental and public utility buildings' and_ structures necessary for the healthl safety, and general welfare of the community. b) pUblici or semi-public recreational buildings and community centers. I I c) Licensed day-care centers serving 13 or more persons. I I I d) Licen~ed residential group care facilities.with seven or more boarders. I I e) NursirtgHomes and Board and Care Homes, provided that adequate parking is provided and the site is accessible to commercial service areas. f) Pub lic \ libraries~ ! . ¡ " , g) Public lor private schools, providing, however, that the area and location of any sc~ool and off-street parking heretofore shall be subject to the approval of the Planning ,Commission. h) I Churcnes. I .' I i) Institutions of a religious, eleemosynary or philanthropic nature. I I j) Nurseries and greenhouses. . k) Planned unit residential development. 1) Bed and breakfast. m) Uses which in the judgment of the Planning Commission and City Council are similar to those listed in this zoning district. n) Non-owner occupied rental to a Family as defined by this Ordinance. 0) Manufactured homes as/defined by this Ordinance. Subd.4. Perm.itted Accessory Uses. a) Private garages, parking spaces and carports for passenger cars, trucks, recreational vehicles and equipment. b) Home Occupations. c) Houses and similar buildings for storage of domestic equipment and non- commercial recreational equipment. d) Swimming pools, tennis courts, and detached,screen porch or gazebo, provided . that the maximum lot coverage requirement is not exceeded. e) Fences. - e) No accessory building nor structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. f) Accessory building(s) and/or private garage(s), either attached or detached, shall be subject to the following number and size limitations, and the general requirements of Section 52.13;Subd. 13. i) One or two accessory buì1dings covering a combined area not, greater than 1,000 square feet are permitted. ii) One additional accessory building, covering an area not greater than 120 square feet is permitted in addition to those allowed in subparagraph i) above. iii) The combined area of the lot covered by the accessory buildings authorized in subparagraphs i) and ii) above shall not exceed ten (10) percent of the total lot size. iv) Accessory buildings ofless than 50 square feet shall not be considered . when computing the limitations of subparagraphs i) and ii) and iii) above; · I but the combined area of accessory building of less than 50 square feet 1 shall not exceed a total of lOO square feet; I v) (No accessory building or structure shall be constru.ctedon anY-lot' I prior to the time of construction ofthe principal building to which i~ is I accessory. ..' ! ;<jvü¡IACcessOry bníldings not sp",,;fical1ypennít;ted by this plU'¡l~b shalÎ ~~ Iprohibited unless authorized by a variance granted pursuant to Ordinance ;52.8. . Subd.5: LotAtea Requirements~ I I a) Minim~ area for Two Family DwellingVnitJ,1()tseryedby municipal sewer arid water:·.24;OOO square feet. 11 b) MinimJm Area for Two Family Dwelling Unit served bymunicipaÍsewer and water: ~O,OOO square feet. c) Averag~ width of not less than 75 feet and an average depth of notJess than125 feet. i I Subd. 6: Setback Requirements. · I 'I .. .',' .', ",. I a) Front yard setbacks ofnotJess than 30 feeton all puplicright-of-ways, unless: 1 ',' -', '":.."",,, ,"-',' ,'-, I i) ~O percent or more of the frontage on the same sidepfthe street between 1¡wo ititersectil1~ streetsisi111proved -With buildings that haye, observed a $reaterorlessdepth,offr()ntYard in which instance n01J.ewbuilding or ~ortionthereofsha.U projectbeyond.a".straight'line drawn,þetweenthe ~oint .closest to the st~eet line ,of the residence upon either side of . proposed structure; "or I I ii) ~f there are residences upoll only one side, then beyond the straightline projected from the front of the nearest residences. I .... . ' ' '.. i iii) ¥othing in this regulation shaH be interpreted to require a front yard of Tore than 50Jeet. iv) Where the streetis curved, the line shall follow the curve of the street r~ther than tobea'straight lil1e. b) Sidey~dsetbacksshall beten(10) feet from the main structure and five (5) feet from gFage or accessory building. Where the side yardablJts~pubHcright . Ofwaîtbe side yard setb:Ck Sha!ibe twenty (20)~eet ~lDtbe m"", · struct re and any garage or accessory structure. I I I i I ] ! I I I I r I c) Rear yard shall have a depth of not less than 20 percent of the depth of the lot. . Subd. 7. Height Requirements. No building shall exceed 22 stories or shall it exceed 35 feet in height. Subd. 8. Site Coverage. No structure or combination of structures shall occupy more than 30% of the lot area. Subd. 9. Signs. General Provisions. The following regulations shall apply to all signs in the R-2 District: a) Signs shall not be permitted within the public right-of-way, or easements, except as erected by an official unit of government or public utilities for the direction of traffic or necessary public information. b) Flashing or rotating signs resembling emergency vehicles shall not be permitted. c) No sign shall be placed that resembles any official marker erected by a governmental agency or shall display. such words as "stop" or "danger" . d) No sign shall be permitted to obstruct any window, door, fire escape, . stairway or opening intended to provide light, air, ingress or egress for any bùilding or structure. e) The owner, lessee or manager orany grouIldsignand 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 andremoved from the lot on which a sign is located. 1) Business signs and nameplate signs which maybe or may hereafter become rotted, unsafe or unsightly shall be repaired or removed by the owner or lessee of the property upon which the sign stands upon notice by the Building Inspector. g) Where a sign is illuminated, the source of light shall not shine uponany part of a residence or into a RESIDENCE DISTRICT or any roadway. h) No sign shall be of such a nature or placed in such a position that it will cause danger to traffic on a street. .I I) No signs shall violate the front, side or rear yard requirements. m) No advertising signs or billboards are permitted. . Special and Temporary Signs . a) I, .>/ .. .', ' ", " ' '" ........ One (l}identification sign not exceeding thirty-five (35}sqµar~Jeet in area for th~ following uses: church, schoo', or similar uses. SucJ¡ signssballbe, solely for the name and of the nseandits activities and may be illuminated but not flashing. ¡ b) 'fempJrarys¡gnS advertJs~g ~l'ew s,\b!li\'i.jiOlldevelopmentllmited to the: foIlowi!ng: (ll maximum size shall bethirty-Í\Vo (32) square feet in surface area, (~)maximumheightoffifteen (15}feet aboveground level. ! I c) Real estatesigns,fncluding signs advertising the sale or rental of premises, are.peumitted provided the area on one side of any such signs shall not exceed !six (6).· squ3¡re feet. d) Te",p¿~afYSignS of eontraet~~arcb¡iects,~êf~"'\Ï~s,sPOfia . eve1'ts .and artisan~are permitted, provided that such signs shall be removed promptly upon completion. of the work,and·furtherprovided.thatsuchsigns.shaIl not exceed ~hirty-two (32) square feet in area. I Portable'Sif?;ns. i a) Definit~?I1'. A portable sign is one that is movable fromane . location to anothe~and is llotpermanently affixed to the ground, sales display device, or . structure. ! b) Permit'Required.. A business seekingtoµse or displaya' portablei sign shall obtain apermitfromthe City for the period of display. Permits will specify - I the length of time. th~sigl1WiU be displayed,'loc3¡tionJ)fthe sign, and business applyin'gto use the sign. c) 4ngtÎl loruse. The d1'~ation offi"''' a· portal>le Sig~. """be IOf"ted on. a properv islindted 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, numbers and attachments; excluding material.requiredto support the sign~ Sign Removal. 'Allsigns.nôtmaintainedand·kept in good..repair·shall be subject to' re I oval upondirectioD of the City Building Inspector . I Subd. 10: Yard Cover. Every yard onapremiseon which ,a dwelling stands shall be pr?vided witblaw~ or combined lawn. cover of vegetation, gard~ns, hedges, shrubbery, atdatedd~atiV¿ 1"ateria~ and sneh. yards. shall be.i8ain øfuedcom/stentwlth pr vailing communityl standards. Motor vehicles may not. be leftparked or unattended on or ithin a yard. Grass shall be maintained so not to exceed a height of6 inches. . . Subd. 11. Additional Requirements. Uses may be subject to additional . requirements contained in this Ordinance including, but not limited to the séctions governing parking, home occupation, floodplain, signs, etc. Section 52.19: R-3 MULTIPLE FAMILY RESIDENCE DISTRICT. Subd. 1. Intent. R-3, Multiple Family Residence District is intended to provide a district which will allow higher density or residential development where city sewer services are available. Subd. 2. Pennitted Uses. a) Multiple residential dwellings, up to 12 dwellings per unit. b) Public parks and playgrounds. c) Hospitals, convalescents, nursing homes, group 'care centers or assisted living centers. d) Churches, libraries, museums or schools. e) Townhouses up to 12 dwelling units per structure. f) Lodging houses. . g) Licensed in-home daycare serving 16 or fewer persons. h) . Licensed residential facilties/group homes serving 16 orfewerpersons. Subd. 3. Permitted Accessory Uses. a) Privat~ garages, parking spaces and carports for passenger cars, trucks, recreational vehicles and equipment. b) Home occupations. c) Storage buildings for storage of domestic equipment used in the maintenance of the property and non-commercial recreational equipment used primarily at the property. d) Swimming pools and tennis courts. e) Residential communal facilities such as laundry, recreation , buildings, and residential leasing office. t) Fences. . '" ' I I . Subd. 4, Uses I Under Special Use Permit. 1 a) Public buildings, police and fire stations and other public buildings, except those custom:arily considered industrial in nature. , b) Cemeteries and memorial gardens. I I c) Multi-F¡amily Dwellings over 12 dwelling units shall be required to utilize the PURD proceduralprocess,exclumng the PURD requirement for acreage. i - ; d) Planned Unit Residential Development (PURD) as regulated by this Ordinance. , , -, i e) Uses which in the judgment of the Planning Commission and, City Council are similar to those listed in Subdivision 2 of this, Section. Subd. 5. Lot lea Requirements. I a) Minimum lot area shall be 12,000 square feet.- \ b) F or the þasis of computing the number of permitted units within a multiple residence, the following shall apply: I i) I " . One 1 bedroomurut for each 3,000 square feetoflot area; and . ii) \' . One 2 bedroom ' umt ,for each 3,500 square feet of lot area; and I ", 1 . I Hi) One 3 bedroom unit for each 4,000 square feet oflot area; iv) For each additional bedroom. (over.3) per unit, an additional 500 square I - feet of lot area; \ v) Lot depths of greater than 150%ofthe average lot width shall be used in ?omputing the maximum number of units. j c) Multiplb family dwellings shall not occupy more than 35% of the lot. 1 d) Each lot shall have a minimum width of 150 feet at thebuilçling setback line. e) Each IJ shallhave a minimum width of80feet at the public right-of-way. Subd.6. SChedlle of Allowances. Thelot areas per dwelling unit described in Section 52.19.05 shall be further subject to the following schedule of ~l1owances, which shall be added to or subtracted from, the Iminimum lot area per dwelling unit asprescriþed hereby regulating de sityrequirementsa~ to the location, use and access provided for the property within the R-3 ni ltiple residence famÎly district. .\ aJ··· For eac4 parlóng space provided within 1;I1e. building, or underground, subtract 300 square feet. 1 ¡ i I i I I b) lfthe site upon which the multiple dwelling is being constructed, or the zoning . district adjacent to the site is zoned for a commercial use, subtract 300 square feèt. c) If the multiple dwelling site is within 300 feet of an R-l or R-2 Residence District. add 300 square feet per unit. for all units 'constructed on the· site. d) lfthe total lot coverage is less than 20%, subtract 150 square feet per unit. e) In such cases where it is necessary to raze an existing principal structure in a dilapidated condition. or where said building is economically unfeasible to rehabilitate, there shall be provided an allowance of two dwelling units above any other allowances required within this section; Subd. 7. Setback Requirements. a) The front yard of any R-3 residence shall be 35 feet from the lot line. b) The side yard of any R-3 residence shall be 20 feet from the lot line, unless the side yard abuts a street or highway in which case the setback shall not beless than 30 feet. c) The rear yard of any R-3 residence shall be 40 feetfrom the lot line. d) All building permit requests must be accompanied by a building plan and a . landscape plan acceptable by the Planning Commission. Subd.8. Height Requirements. No structure shall exceed 22 stories or 35 feet in height except as hereinafter provided. Subd. 9. Signs. General Provisions. The following regulations shall apply to all signs in the R-3 District: a) Signs shall not be permitted within the public right-of-way or easements, except as erected by an official unit of government or public utilities for the direction of traffic or necessary public information. b) Flashing or rotating signs resembling emergency vehicles shall not be permitted. c) No sign shall be placed that resembles any official marker erected by a governmental agency or shall display such words as "stop" or "danger". d) No sign shall be permitted to obstruct any window, door, fire escape, . stairway or opening intended to provide light, air, ingress or egress for any building or structure. . e) The owner, lessee or manager of any ground sign and the owner of the land 011 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 . . I IS located. I I j 1) Busin+ss signs and name plate signs Which may be or may hereafter become rottedr unsafe or unsightly shall be repaired or removed by the owner or lessee of the property upon which the sign stands upon notice by the Building I I ' nspector. ! g) Where a sign isilluminated, the source of light shall not shine upon any part of a re~idenceor into ,a RESII>ENCE DISTRICT or any roadway. h) Nosig~ shall be of such a nature or placed in such a position that itwillc~~se danger to, traffic on a street. I , ·1 n) Nosig*sshaU vit>late the front, side or rear yard requirements. i 0) No ad~ertisillg signs or billboards are permitted. I Special and Temporary. Sia-ns I I I . a) One (1) identification sign not .exceeding thirty-five (35) square Jeet in area for the!following uses:, church, school; ,or similar uses. Such. signs shall~e solely ~orthe name and of the use and'itsactivities and may be illuminated , but no~flashing. b) Temporary signs advertising a new subdivision development limited to the folIowi*g: (1) maximum size shall be thb1y-two (32) square feet in surface c) area, (1) maximum height of fifteen (15) feet above ground level. Real estate signs, including signs advertising the sale or rental of premises, are permitted provided the area on one side of any such signs shall not exceed six (6) square feet. I I d) Temporary signs of con .tractors, architects, mechanics, special events and " artisan~ are, permitted, provided that such signs shall be removed promptly upon completion of the work and furtherp.rovided,that such signs shall not exceed thirty-two (32) square feet in area. I ' . Portable Signsl ' a) Definition. A portable sign is one that is movablef.rom one location to anotherlandisnot permanently affixed to the ground, sales display device, or . S1ructur ¡ i I I I I i I b) Permit Required. A business seeking to use or display a portable sign shall . obtain a permit from the City for the period of display. Permits will specify the length of time the sign will be displayed, location of the sign, and business applying to use the sign. c) Length of Use. The duration of time a portable sign can be located ona . property is limited toa maximum of sixty {60} days in anyone calendar year. d) Size. A portable sign shall n.otexceed 50 square feet which accounts for all letters, numbers and attachments; excluding material required to support the sign. Sign Removal. All signs' not maintained and kept in good repair shall be subject to removàl upon direction of the City Buildiitg Inspector. , , , Subd.10: Yard Cover. Every yard on a premise on which a dwelling stands shall be provided with lawn or combined lawn cover of vegetation, gard~ns, hedges, shrubbery, and related decorative materials and such yards shall be maintained consistent with prevailing community standards. Motor vehicles may not be leftparked or unattended on or within a yard. Grass shall be maintained so not to exceed abeightof6 inches. Subd. 11: Development Plan Requirements. No building permit shall be issued until the Planning Commission approves the Development Plan to determine that the use and . development is compatible withand'còmÌ'dementary to adjacent land uses,ånd consistent with the stated intent of this zone. The developer shall provide the following items to the Planning·Commission for any development located in the ro-MultÍpIe Family Residence District: a) Building location on the lot, drawn to scale. b) Building elevations; front, rear and side. c) Building exterior materials and color~ d) Locations of ingress and egress points. e) Dumpster and solid waste pick-up areas and proposed screening material. 1) Sign location and dimensions. g) Lighting standard and hood detail. h) Parking and loading areas identified. i) Drainage byihe use of arrows and/or contours. j) Screen.ing of heating, ventilation. and air-conditionin'g equipment. k) Landscaping material including the lòcation, type of plant and size. I) Fire hydrant and fire lane locations. m) Utility locations. n) Any other fencing, screening, or building accessories to be located in the development area. Subd. 12. Additional Requirements. Uses may be subject to additional requirements contained in this Ordinance including, but not limited to the sections governing parking, home occupation, floodplain" signs, etc. . Section 52.20: R-M MOBILE HOME RESIDENCE DISTRICT. I I I j I · \ Subd. ,1. 'Inten:t. !tis the intent of this district to permit the development of mobile home p ks in the community; to supplement applicable state laws pertaining to mobile homes; to provide reasonable stcindards for site development of such parks;to avoid overcrowding; to p¡;:.vide setbacks and other development standards which will make such,developments,more a I active, safe and pl~asaìit to live in, and compatible with other land uses' and developments in ecommunity. I Subd.2. Permîtted Uses. i I I a) Mobile 1 homes. i b) Manufactured homes. ! I c) Mobile ¡home parks, park offices, laundry, recreation, and storm shelter facilities, I provideâ. these structures are permanent in nature. I Subd. 3. Permitted Accessory Uses. a) Private garages, parking spaces. , b) Tool holuses and similar buildings for storage of equipment and non-commercial .\ . '. recreatIon eqUIpment. · I c) No accdssory building nor structure shall be constructed on any lot prior to the time, of þonstruction of the principal building to which it is acéessory. I I - d) No acc¢ssorybuilding(s) and/or privategarage(s), either attached or detached, I shalL occupy an area greater than ten (10) percent of the total1ot size or a total combined area of 800 squarefeet, whichever is the lesser, unless authorized by variancj granted puxswmt to Ordinance 52.8. Subd. 4 Speciall Uses. Home occupations provided the use can be reasonably and safely co ducted in a mobile home structure. . I , Subd. 5. Lot A.tea Requirements. a) The minimum lot areashalLbe 5,000 'sqtLare feet. b) The minlmum lot width shall be 50 fee¡;; I ',' " \ ' . c) The maximum lot coverage shall noíexceed 50%. ! I d) At least 10% of the total site of a mobile home park shall be reserved for I commoD¡,useaÞ1e open space for the exclusive use of residents, and íobe · maintained by the proprietor or operator of the mobile home park. Such open space sh~l1be designated and its improvements 'completed before any mobile home sitF is' offered for occupan,cy. 1 I I I i I I I Subd. 6. Yard, Height and Setback Requirements. . a) Front yard setbacks shall be 25 feet. b) Side yard setbacks shall be at least 10 feet. c) Rear yard setbacks shall be at least 20 feet. d) The maximum building height shall not exceed 20 feet. e) Each mobile home park shall provide and maintain a 15 foot landscaped strip around the perimeter of the property. f) Each mobile home site shallbe provided with a tree, and all unpaved areas shall be suitably sodded. g) Each mobile home within a mobile home park shall be properly and completely skirted. Subd. 7. Other Requirements. a) An application for mobile home park shall be accompanied by the same data, map . and infonnation required for other plats or subdivisions within the City. b) Any additional data required by'the State Board of Health for Ìicensing of mobile home parks shall also be submitted to the Planning Commission prior to or currently with its submittal to the State Board of Health. c) Construction öf pennanent foundations for mobile homes shall be pröhibited. d) Paved private streets serving the mobile home park shall be sufficient width to provide for two lanes of traffic and for parking on each side of the street. e) Each mobile home site shall. be provided with tie down or other acceptable means. e) Each mobile home park shall provide and designate one of its permanent buildings which is structurâlly suitable to serve as a stormshe1ter with sufficient space to accommodate all of its residents. If the shelter cannot accommodate all 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. Subd. 8: Signs. General Provisions. The following regulations shall apply to all signs in the R-3 District: . \ , I I . . · a) Signs$hall not be permitted within the public right-of-way or easements, excep~as erected by an official unit of government or public utilities for the d,rect~on of traffic or necessary public information. \ b) Flashi~g or rotating signs reseJllblingemergencyvehicles shall not be permi~ed. i ' ,. c) No sig~ shallbe placed that resembles any official marker erected by a I ". " " governmental. agency or shall display such words as "stop."or "danger". I " , ' . :' d) No sigl shall be permitted to obstruct any window, door, fire escape, stairwá.y or opening intended to provide light, air, ingress or egress for any I buildi~g or structure. i e) The o~ner, lessee ormana.ger of any ground sign and the owner ofthe land on whifh the sameis located shallkeep grass or weeds and other growth cut and debris and rubbish cleaned up and removed from the loton which a sign is ,locatFd. I f) Busine~s signs and nameplate signs which may be or may hereafter become rotted,:unsafeor unsightly shall be repaired or removed by the owner or lessee of the property upon which the sign stands upon notice by the Building I Inspector. · I I g) "'here;a sign is illuminated, the source of lights hall not sh~neuponany part ofa residence or into a RESIDENCE DISTRICT or any roadway. I ' '.., '. , _ h) No sign' shallbe of such a nature or placed in such a position that it will cause I dangerlto traffic on a,street. I I p) No signs shall , violate the front, side or rear yard requirements. No adArtising signs or billboards are permitted. . q) I Special and Te\mporary Si2ns.· I I a) One (l)¡identification signnotexceedingthirty-fiye (35) square feet in area for the following uses: church, school, or similar uses., Such signs· shall be solely f~r the name and of the use and its activities and maybe illuminated but not flashing. . b) TempoJary signs advertising a new subdivision development limited to the followinlg: (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) Realest~te sig~s,jncluding signs advertising the sale or rentalof premises, are penhitted provided the area on one side of any such signs shall not I exceed six (6) square feet. I i I I I I I I d) 'Temporary, signs of contractors, architects, mechanics, special events and . artisans are permitted, provided that such signs shall be removed promptly upon completion of the work and further provided that such signs shall not exceed thirty-two (32) square feet in area. Portable Si2ns. 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) Permit Required. A business seeking to. use or display a portable sign shall obtain a permit from the City for the period of display. Permits will specify the length of time the sign willbe displayed, location of the. 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 is limited to a maximum of sixty (60) days in anyone calendar year. d) Size. Áportable sign shallnot exceed 50 square feet which accounts for all letters, numbers and attachments; excluding material required to support the sign~ Si~ Removal. All signs not maintained and kept in good repair shall be s.ubject to . removal upon direction of ' the City Building Inspector. Subd.9: Yard Cover. Every yard on a premise on which a dwelling stands shall be provided with lawn or combined lawn cover of vegetation, gardens, hedges, shrubbery, and related decorative 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. Grass shall be maintained so not to exceed a height of 6 inches. Section 52.21: B-1 GENER.^..L CENTRAL BUSINESS DISTRICT. Subd. 1. Intent. The GQBéral Central Business District håsbeen established to encourage the conti~uationbf a viable downtown by promoting uses dependent of high volumes of pedestrian traffic; tri provide for regulation of the high intenSity commercial uses located within the original core of the City; and, to encourageparks/greénspace in the downtown. The Central Business District provides space for concentrated general business and commercial activities at locations where they are easily accessible to residential areas and, at the same time, minimizing negative impacts to residential neighborhoods. Subd. 2. Permitted Uses. The following uses shall be permitted within the G€u3.Elral Central Business District: . a) Antique stores. I I i I I . . b) Appliancelstores. I I I I c) Apparel shops. I d) Artisall~s~ops. ! i e) BakerygoÓds, sales and baking of goods on premises. ! f) Barber and\ beauty salons. I .I g) Bicycle sales and repairs. I ! h) Book storeS. I i) Boutiques·1 I I j) Busip.ess/professional offices. I ! k) Coffee shops. I I 1) Farm~rs m¥ketforthe sale ofproduce only. Notification, and the submittalof a plan to the Plamiing Commission is required. . ! m) Financial iJstitutions,inc1Udinginsurance companies. c. I n) . Flonst. -! I I I 0) Fruit,· veget~hle and meat stores. I i p) Government buildings. q) N~igJ¡borhlod gI'<!cery and drug stores ..' \ r) Neighborhood hardware stores. I s) Hobby shop$ and gift stores, I I t) Interiorclesign. services,including.flqor and walL covering stores. \ u} Jewelry salef and service. I v) Laundry al1qdry-cleaning services. w) Library. . I I x) Medical, opt~cal and dental clinics. I \ y) Parks and Open Spaces. . z) Pet shops, excluding kennel services. aa) Photograph sales and repair. bb) Record and video stor~s. cc) Restaurants, coffee shops, excluding drive-in service. dd) Sporting goods stores. ee). Other use determined by the Planning Commission to be of the' same character as contained in this Subdivision. ff) Postal facilities gg) Other use determined by the Planning Commission to be of the same character as contained in this Subdivision. Subd. 3. Special Uses. The following uses shall require a Speci.al Use Permit based on the procedures set forth in Section 52.9 ofthis Ordinance. . a) Convenience stores, excluding fueling facilities. b) State licensed day care and nursery school facilities provided that: 1. . Adequate, off-street parking and loading is provided, and; 11. The facility meets all State licensing requirements pursuant to Minnesota Statutes 245A.02 and 45A.Il. c) Motor vehicle service stations. d) Bars and liquor stores. e) Auto ~,service and repair shops. ±) Mixed use of a Permitted Use and a multiple residential dwelling units; but only if at least 50% of the interior square footage (exclusive of the basement or cellar) is used full time for a Permitted Use, and said permitted and residential uses are not conflicting. The area consisting of multiple residential dwelling units must meet the standards of Section 52.19, Subd. 5 and 6; and said residential uses occupy only the upper and/or rear portions of structures. Offstreet parking requirements shall be separately determined for the commercial and residential uses in accordance with Section 52.14, Subd. 4. . g) Lodge. I I I i I " I 1 · ¡ h) Commercial Planned Unit Developments. I i) Other useS!determined by the Planning Commission,to,be of the same character as I contained in this' Subdivision. , 1 Subd. 4. Permitted Accessory Uses. The following uses shall be permittedas'an Accessory Use in the General Central Business District. I' ' , i ì a) Commerci41 or business building fora use accessory to the.principal use, not to exceed 50 J?ercent of the principal·,structure. i b) Business identification signs as regulated in Section 52.l4. . I I ' . c) Tempor3J,Y\buildings for construction purposes for a period notto exceed constructIOn. I I I d) Off;.street 16adingandparking areas. : i e) Signsthatineet the criteria of Subdivision 9 of this section. I Subd.5. SetbackRequirements. I I I · a) Front yard ~etbacks shall be ten (lO)f~etfrom the lot line. If the building front is located on Minnesota Street from College Avenue to Second Street Northwest, no front yard sbtback is required. \ - , b) Side yard setback shall be five (5) feet from the lot line. No structure shallbe placed . closer than twenty (20) feet rrom the boundary of any residential district. If the building front is located on Minnesota Street from College Avenue to Second Street Northwest, ho side yard setback is required. I' , I " " , . c) Rear yard setback shall be five (5) feet from the lot lIne, except: I 1. Where a lot abuts ,an alley,' the rear yard setback shall be ten' (10) feet; i I 11. Where a lot abuts a residential d.ìstrict, the rear yard setback shall be t}venty (20) feet. I I Subd. 6. HeightjRequirements.Any portion of ¡i' structure shall not exceed 2'i'2 stories or 35 feet in height. \ j Subd. 7. Other Requirements. a) Before the issuance of abuilding permit, all buildings constructed in the General Business District must have a landscape plan approved by the Planning Commission: · b) Before the issuance of a building permit all buildings constructed, or undergoing exterior renqvation or remodeling in the General Business District must have the exterior fini~h design and materials approved by thePlan11.ing,Commission. I I 1 , , , i 1 c) Where a use exists pursuant to a special use permit in conjunction with a permitted . use, the required parking shall be computed for the permitted use and speciaLuse separately with adequate parking required to satisfy both uses. . d) No outdoor storage shall be allowed. Subd. 8. Site Coverâf;!e. No structure or combination of structures shall occupy more than 90 percent of the lot area. Subd. 9. Sif;!ns. General Provisions. The following regulations shall apply to all signs in the Central Business District: a) Signs shall not be permitted within the public right-of-way or easements, except as erected by an official unit of government or public utilities for the direction of traffic or necessary public information. b) Flashing or rotating signs resembling emergency vehicles shallnotbe permitted. c) No sign shall be placed that resembles any official marker erected by a governmental agency or shall display such words as "stop" or "danger". d) No sign shall be permitted to obstruct any window, door, fire escape, . stairway or opening intended to provide light, air, ingress or egress for any building or structure. e) The owner, lessee or manager of any ground sign and the owner .of the land on which the same is located shall keep grass or weeds andother.growth cut and debris and rubbish cleaned up and removed from the lot on which a sign is located. f) Business signs 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 the property upon which the sign stands upon notice by the Building Inspector. g) Where a sign is illuminated, the source ofUght shall not shine upon any part of a residence or into a RESIDENCE DISTRICT or any roadway. h) No sign shall be of such a nature or placed in such a position that it will cause danger to traffic on a street. r) No signs shall violate the'front, side or rear yard requirements. s) No advertising signs or billboards are permitted. . Special and Temporary Sif;!ns 1 I I I I I I . , , a) One (~}identificationsign notexc~eding.thirty-five (35) square feet in area, for the following uses:cllUrch,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 I I I b) Tempqrarysigns,advertisinga newsu~division development l.imited,to the following: (1) Inaximum size shall be thirty-two (32)squarefeet in surface area, (f) maximum heightoffifteen (15) feet above ground level. I c) Real e~tate signs, including signs advertising the sale or rental of premises, , are pe~mitted provided the area on one side of any such signs shall not exceed:six (6) square feet. I I d) Tempo~ary signs of contractors, architects, mechanics, special events and artisan~ are permitted, provided that such signs shall be removed promptly upon c~)Jnpletion of the work and further provided ,that such signs shall not exceedithir.ty-two (32) square feet in area. . , }>ortableSign~. 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. i I b) Permit1Required. A business seeking to use or display a portable sign shall _obtain "~ permit-from the City for the period of displaY.:fermits will specify the length of time the sign will be displayed, location of the sign, and business applying to use the sign. I i I c) LengthlofUse. The duration of time a portable sign can be located on a property is limited toa maximum of sixty (60) days in anyone calendar year. I I d) Size. AI portable sign shall not exceed 50 squarefeet which accounts for all letters, numbers and attachments; excluding material required to support the sigJ. I I I Business or Commercial Signs , I j a) That the area on one side of aU such signs erected on one street frontage of '1 " , '" , any one,prendses, shall not exceed fifty (50) square feet. I I b) Such sign except a directional sign, is ere~ted only on the premises on which the use,lto which the sign relates, is conducted. I . b) Notwithstanding the above, where two or more separate and individual comm~rcial operations are conducting business in separate areas of a single buildi~g or structure, in which each operation owns or leases separate and I , 1 I I I I I I I individual premises, but share in the use and maintenance of common areas . within or around the structure, then and in those circumstances, each individual business operation maybe permitted to display an individual business sign as provided in subdivisions ,a) and b), except that said sign must be directly attached' to. that particular premises' actually' occupied by the business operation to which the sign relates. In addition to these individual business signs, the combination of business operations occupying the structure, may maintain a 5'0 square foot signdetachedfròm the structure identifying the structure, the individual business operations located therein, or other reference to the combination of business operations located within the structure. Sign Removal. All signs .not maintained and kept ,in good repair shall be subject to removal upon direction of the City BuildingInspector. Subd. 10: Development Plan Requirements. No building permit shall be issued until the Planning Commission approves the Development Plan to determine that the use and development is compatible with and complementary to adjacent land uses, and consistent with the stated intent of this zone. The developer shall provide the following items to the Planning Commission for any development located in the Central Business District: a) Building location on the lot, drawn t05cale. b) Building elevations; front, rear and side. . c) Building ext~rior materials and color. d) Locations of ingress and egress points. e) - Dumpster and sølid waste pick;.up areas and proposed screening material. 1) Sign location and dimensions. g) Lighting standard and hood detail. h) Parking and loading areas identified. i) Drainage by the use of arrows and/or contours. j) ~creening 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. m) Utility locations. n) Any other fencing, screening, or building accessories to be located in the development area. Subd. 11. Additional Requirements. Uses may be subject to addition.al requirements contained in this Ordinance including, but not limited tô the sections governing parking, home occupation, floodplain, signs, etc. . I I I i I , , ' · S otion52.22. - B-21IIGHWAY75 BUSINESSDISTRlCT. I' Subd. 1: IntentJThe Highway 75 Business Districtis ÏIltendedtocqntrolthe use and d~el()pment oflandaj>d improvements by creating a mix"'¡ land USe distrj~ ":eat and adjacent ,to th County State Aid fIighway 75 corridor in the City ofBt. Joseph. This. shall be done by , alowing fora mixtureiof land uses~byestablishings1riJ1g~t standards for development.-rbis se tion shall be administered in a manner which will encourage and promote high-value de elopment in amanrl.er similar to a planned UJJ.it development, taking full advantage of the Ci 'shighway IQcatiop. It is also the purppse9f'the Highway 75 Business District that a pi asant, attractive, anq aestheticallypleasing¡;:nvironment ge developed. I Subd. 2:Pennifted Uses. The followingusesarepennitt¡;:d.: I a) Business Services: I [ I. ~anks 11. Ç>ffice space Ill. :postal stations (may wish to consider, guiding future post offices to downtøwna,rea). i , b) Food Serviges [ · qJrocery stores ~llpermarkets . Re!:;taurants,' except driv.e..thru restaurants I _ D¡;:licatessen I ~akeries :whose prod.uctissold~tretailon premises c) Personal Sefices " i I I. I Drug stores I. [Hardware 'stores i 11. iBQQk stores iii. IDiscount ('Big Box') retail stores IV. IRetail' apparel stores v. IFlo:wer shops VI. !Beautyshops and salons Vll. ¡Photography shops and studios V1l1. [Funeral homes I d) Medical SerYices: i.Medical climcs 1 11. Dental clinics Ill. iV eterinary clinics IV. 'other institutions providing health care. · [ j e) FarmersM~ket for the sale of produce only. Notification and the submittal ora plan to the Planning Commission is required. I i i f) Movie and Performing Arts ,Theaters . . g) Other use determined by the Planning Commission to be of the same character as contained in this Subdivision. Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an Accessory Use in the Highway 75 Business District and subj ect to all the requirements in this Section: a) Commercial or business buì1dìng for a use accessory to the principal use, not to exceed _ percent of the principal structure. b) Business identification signs as regulated in Section 52.1'1 Signs which meet the criteria of Subdivision 90f this section. c) Temporary buì1dings for construction purposes for a period not to exceed construction. d) Off-street loading and parkìng areas, subject to applicable section(s) ofthis Ordinance. e) Fences, landscaping. Subd. 4: Uses Under Special Use Permit. The following uses shall require a Special Use Permit based on the procedures set forth in Section 52.9 of this Ordinance: a) Auto malls and/or automobile service and gas stations, provided that: i. Motor fuel facilities are installed in accordance with state and city standards. ii. Adequate space shall be provided to access gas pumps and allow . maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations 'minimize conflict with circulation, access and other activities on the site. iii. Wherever fuel pumps are to be installed, pump islands shallbe installed. iv. A protective canopy located over the pump island(s) may be, an accessory structure on the p1;"operty; however, adequate visibility both on and off site shall be maintained. v. An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. b) I:aoostrial æad office warehousing. c) Lawn and garden temporary sales area. d) Lumber yards and home improvement retail centers. e) New or used auto dealerships. f) Stone building material sales, and service. g) Recreational vehicle sales and services. h) Transportation termìnals, public utility and transfer stations, without storage yards. i) Equipment Services: Radio and television shops Appliance repair shops Appliance show rooms . j) Recreational Services: Theaters I j I · Bolling establishments I Cllibs and,lodges k) Hotels I, 1) Motels \ m) Drive-inapdc.onveniencef.o.odest~blisbments,~I".o"iQ~d. that an internal site I pedestrian, circulati.on system shall. be defined· a~.d.appr.opriate pr.oYisi.ons made t.opr,.otect ;such areas fr.om encr.oa.chments by parked carsorm.ovil1gvehicles. I n) C.ommercÎalcarwashes (drive through,self~service and mechanical) provided I ,.., ., '.,... . , that sta.ck'ngspace is,c.onstructed,. sub jectt() appr.oval· by the çityEngilleer, t.o acc.omm.odatí'that n.um:ber .of vehicles which can be washed during a maximum thirty (30)!, Dlinuteperi.od. 0) ConvenienþeStore with gasoline, provided that: i. ¡The sale.off.oodltí'ms is lnc.oníplial1çewitb state and c.ounty standards and subject t.o the appr.oyalof a Health Inspector wh.o sh~II Ipr.ovidespeCific written sanitary requirements f.or each pr.oposed sale ..ocation. ii.fIhe appr.oximate areaandl.ocation dev.oted t.o n.on-åut.omotive merchandise sales shall be specified in generalterms in tbe . åpplicati.on. iii. l\1.ot.or fuel facilities. are installed inacc.ordancewitb state standards. Adequate space .sba1l, be .provided. t.o access gas pumps andall.ow maneuverability arGund tl1epumps.UndergrG9ndfuel storage tanks · ~~e t.o. be. p.ositi.oned t.oall.owadequate access by IDqt.or fuel transp.orts ~mdunl.oading .operati.onsminimize c.onflictwithcirculatiGn, access knd other activities..on·.the site. iv. Mrherever fuel pu~psaret.o be. installed, pump islånds shall be installed. A.pr.otectivecan.opy located .over thepul11P. island(s)måybe an ~ccess.ory structure .on the pr.operty h.oweyer adequate visibilityb.oth (mand öffsiteshall be maintained. vi. kn internal site pedestrian circulati.onsystem.shallbedefined and kppr.opriate pr.ovisionsmade t.opr.otect such. areas fr.om èncr.oachmentsbyparked cars.or mGving vehicles. p) Uses, determined to be of a similar nature as those permitted under Subd. 1, upon a finding that the uses will not be detrimental to the health, safety and welfare of the CitY, and that the use is consistent with the stated intent ofth~z()ne as contain~d in Subd.i 1. I i. ,.. Subd.5: C.onditi.ons Applicable tG AllSpecial Use. Permits. The fGllGwing C.o ditiGns are applicable tGall uses under a special use permit: I !, a) When a~utting a residential use ina residential use district, thepr.operty is adequately screened and landscaped. b) Parking areas shall be screened frGmtbe view.ofabuttingresidential districts. · c) Vehicul~r access p.oints. shall be limited, shall,create mil1.il11al.tGnflict with thr.ougU,traffic m.ovements, shall c.omply with all apprGpriate.Chapters .of this Ordinance as may be amended and shall be subject to the approval of . the City Engineer. d) Provisions are made to control and reduce noise. e) The entire site other than that taken up by a building, structure or plantings shall be surfaced so as to control dust subject to the approval of th¢ City Engineer. 1) The entire area shall have a drainage system subject to the approval of the City Engineer. g) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. h) All outdòol"storageshall be completely screened from view. Subd. $. 6; Setback Requirements. a) Lot Size: Minimum lot size is 10,000 square Jeetwitha minimum width of 100 feet b) Property adiacent to County State Aid Highway 75 shall have a ten (10) foot landscaped setback from the highway right-of-way line. Anystmcture shall have a twenty (20) foot setback from thê highway right-of-way: c) Front yard setback shall be twenty (20) feet from the lot line. . d) Side yard setback shall be ten (10) feet from the lot line.lfthepropert-ys side yard is adjacent to County State Aid Highway 75, the setback shall conform to Subd. 5 (a) of this Section. e) Rear yard setback shall be ten (10) feet from the lot line, 35feefif abutting a residential district. Subd. 6: Height Requirements. a) Any portion of a structure shall not exceed 2 Ÿ2 stories or 35 feet in height. Subd. 7. Site Coverage. No structure or combination of structures shall occupy more than 60 percent óf the lot area. Subd. +- 8: Other Requirements. 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. . b) Loading Docks: All loading docks shall conform to the standards set forth in \ · Sectioh 52.14 Subd. 6. No loading docks or overheaddoorsshaUdirectly face I ',. , ,... ' ',. County State Aid Highway 75. 1 \ c) Building Exteriors: Acceptable building materials shallinc1ude brick, stone, tip- up co~crete panel, decorative concrete block or glass. Wood siding,.plasticand other qombustible materials not listed as acceptable shall not be usedfor building exteridrs. Archit~cturally approved steal is 'acceptable provided that at least fifty percent(50%) of the building (excluding windows and doors) consists of brick; stone, ÍiP-up concrete panel, decorative concrete blockandlor .glass. Any buildirlgsundergoing renovation, repair ()r an addition, so ,as to require the issuançeofa building permit, shall be brought into conformance with.this subsection at the time the repairs, rènovations or addition are completed. d) SCreening: All heating, ventilation and air cònditi()ningeqµipment, and .refuse 'storagd areas shall ,be screened and in a suitable location as determined by the Plannirl.g Commission. .1 e) Lighti~g:Al1lightingshall be hooded . and no light may directly strike County State·A\id Highway 75 or areas oµtside.ofthedevelopment. . :t) Stops ~nd Curbs: Concrete curb to B-612 specifications shall be used for all automo!bile st()ps.and for all drive and parking areas. ! ' · g) Lands~aping:Jnaddition to requirements relating to parking lots, the Devel~~l117ntPlan shall show a ~ified lands~apingscheme fOfthe development. \"','<", ,,', ,,', , " ""'. "">., " ' " """', ,.,.,", ,,'" ,,':' h) Signs: ~1Lproposed business signs shall be a elemep.t of the Development Plan. All sigIfs shall conform to the Section 52. 11 Subd. 7 through Subd. 13 Subd. 9 of this Ordinance Section. !. , . ,"'.. . ..'" .'. '.,. $ubd. 8: DeveloplTIentPlanReqµirements. N()þuildingpermitshall be issued until the p~g CoIIIDrission aPl'rovesthe DeyeI9WneJ" PleJ't9qetennine that the use anq d velopment is compaJible with and complementary to adjacentland uses, and consistent with the stated intep.t of this¡ zone. The developershall providethefollowing' items to· the Planning C mmission for any dÿvelopmentlocated in the Highway 75 Business District: I , a) Building location on thelot, <irawn to scale. b) Building elevations; front, rear andsid~ c) Building exterior: materials and color. d) Locations of ingress and.. egress points. e) DU11lPstfr and solid waste pick-up areas andproposed.screenil1gmaterial. f) Sign 'loqation and dimensions.· '......' g) Lighting standard. and hood detélil. h) Parking land loading areas identified. i) Drainagbby the use of arrows andlor contours. · j) Screening of heating, ventilation and air-conditionjng equipment. k) Landscaping materiaLinc1uding theJocation, type of plant and ,size. 1) FirehydYant and fire. lane locations. m) Utility locations. . n) Any other fencing, screenìng,or building accessories to be located in the development area. Subd. 9. Si2ns. General Provisions. The following regulations shall apply to all signs in the B-2 District: a) Signs shall not be permitted within the public right-of-way or easements, except as erected by an official unit of government or public utilities for the direction of traffic or necessary public information. b) Flashing or rotating signs resembling emergency vehicles shall not be permitted. c) No sign shall be placed that resembles any official marker erected by a governmental agency or shall display such words as "stop" or "danger". d) No sign shall be permitted to obstruct any window, door, fire escape, stairway or opening intended to provide light, air, ingress or egress for any building or structure. e) The owner, lessee or manager of any ground signandtbe owneroftheJand . 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. f) Business signs 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 the property upon which the sign stands upon notice by the Building Inspector. g) Where a sign is illuminated, the source ofJight shall not shine upon any part of a residence or into a RESIDENCE DISTRICT or any roadway. h) No sign shall be of such a nature or placed in such a position that it will cause danger to traffic on a street. t) No signs shall violate the front, side or rear yard requirements. u) No, advertising signs or billboards are permitted. Special and Temporary Si2ns a) One (1) identification sign not exceeding thirty-five (35) square feet in area . for the following uses: church, school, or similar uses. ,Such. signs shall be ! I . solely:for the name and of the use and its activities' and may be illuminated butnqtflashing. . 1 I b) Temp~rarysignsadvertisinga. news~bdiyision development limited to ,the follow~ng: ·'(l)lI1aximum size shall be thirty-two (32) square feet in surface . area, (~) maximum 'height offifteen(15).feet.abovegr()und level. c) Real e,~tate signs, including signs advertising the saleorrentalofpremises, I " ..' , ,"" "" ',;, "'. ',',' ','-..,',' '_',.','" .','" are permitted provided the area on one side of any ,such signs shall not I exceedl six (6) square feet. d) Templrary'SignS of contractors, .arc~it~ct~,mechanics,'speci~l events and artisaJs. are permitted,. provided' that such signs shall be removed promptly, upon c:ompletion of the. work and further provided that such signs shall not exceedl,thirty-two (32) square feet in area. ' Portable Si2n~. ¡, ' ,..",', , ,. , .. a) Definit~on. A portable sign is one thatismovablefrom one location to another and is not permanently affixed to. the ground, salesdisplay device, or , structure. .. b) Permit'¡.Required. A businèss seeking to use or display a portable sign shall obtain,~.permit from the City for the. period of display. Permits will specify the length oftimethe sign will be displayed, locationofthe sign, and business applying to use the sign. . c) Lengthlot'usc. Theßnration of tIm.e a portal* .¡gJI can. be)~cated on a propertY is limited, to a. maximum of sixty (60) days in. ~ny one calenda,r year. I .. -,', , .".. .. " .... .. _.,',':.',...... -', ", "'.' ! .. . d) Size. ·'Af portable sign shall not exceed 50 sqllare.feetwhichaccounts for all letters, i~lUmbersand attachments; exçludingmaterial required to support . the sl4' Business or Commercial Si2ns \ I a) Thafth~ area on one sideofaRsuch,sig.ns erected on one street frontage of any on~premises,shall not exceed fifty (50) square feet. i b) i<, .. _', .. ,'" ,'.:_ ._:':'::'"':,,,',:'\'/,",,' .. ,''-''>''': S u,ch sign except a~irectional sign, iSi~r~~!e~onIY onthep~elDises. on. -Which c) theuse,ito whlchthesjgJI r;~,.iS con!Ì~c\C~' ....... . ....' N otwit}jstanding the .aQove,where. two or ~ore s,~parat~. andi.ndividual çomm~rcial()perations are conduçtingbll$iness in separate areas of a single bUildi*g or structure, in which each operation owns or lell.ses separate and . indivi4ualpremises, but share in the use and maintenance ofcoID~on, areas within! or ar0!lnd the. structure, then andinthos.ecircumstances, each individualbusines~ operationlDaybe permitted to display an individual business sign as provided in subdivisions a) and b), except that said sign . must be directly attached to that particular premises.actually occupied by the business operation to which the sign relates. In addition to these individual business signs, the cOInbillation of business operations occupying thestruèture, may maintain a. 50 square foot sign detached from the, structure identifying the structure, the individual business operations located therein, or other reference to the combination of business operations located within the structure. Sign Removal. All signs not maintained and kept in good repair shall be subject to removal upon direction of the City Building Inspector. Section 52.23 - B-3 GENERAL BUSINESS DISTRICT. Subd.1. Intent. The General Business District provides space for concentrated general business and commercial activities at locations where they are easily accessible to residential areas and, at the same time, minimizing negative impacts to residential neighborhoods. Subd. 2. Permitted Uses. The following uses shall be permitted within the General Business District: a) Appliance stores. . b) Apparel shops. c) Barber and beauty salons. d) Bicycle sales and repairs. e) Business/professional offices. f) Financial institutions, including insurance companies. g) Florist. h) Fruit, vegetable and meat stores. i) Government buildings. j) Grocery and drug stores. k) Hardware stores. I) Interior design services, including floor and wall covering stores. m) Retail malls. n) Medical, optical and deIìtal clinics. 0) Office parks. p) Parks and Open Spaces. q) Photograph sales and repair. r) Record and video stores. s) Restaurants, coffee shops, excluding drive-in service. t) Sporting goods stores. u) Other use détermined by the Planning Commission to be of the same character as contained in this Subdivision. Sub d.. 3. Special Uses. The following uses shall require a Special Use Permit based . on the procedures set forth in Section 52.9 ofthis Ordinance. ¡ 1 r . I ! f I , . a) Light Iidustrialand office warehOUSing/productionpro:Vi~edretailand/or showrobm square footage exceeds 30 percent ofthe industrial warehtS!nglprodUctiOn square footage. . ! b) Lumber yards and home improvement retail centers,pro~idedoutdoor storage;standards are achieved. c) New oriUSed auto dealerships. : d) Transprrtation terminals, public utility and transfer stati~ns, without storage !yards. t 1 "', ; , i e) Equipl11ent Services: I i " I I I I i. Radio and televisions, h,ops ' I ii. ~ppliance repairshops iii. tPPliance show rooms f) Recreational Services: t !I i ¡> i. Theaters ii. Bowling establishments . iii. ~lubs,and lodges I g) Hotels/Motels i h) Drive-i~ and convenience food establishments, provi~edt~at anlnternal site pedestrian circulation system shall be defined and appropriate' provisions made tci protect such areas from encroachments by parke4 cars or moving vehicles. ' 1 i) Commercial car washes (drive through"self-service and mechanical) provid9d that stacking space is constructed, subject to app:roval by the City, Engineer, to accommodate that number of vehicles which can be washed during r maximum thirty (30) minute period. ! I j) Convenience Store with gasoline, provided that: I . i. the sale of fO,od items is in compliance with state an~ county standards and subject to the approval of a Health Inspector"'1ho shall provide ~p.ecific written sanitary requirements for each proposed sale location. ii. The approximate area and location devoted to non-~utomotive ~erchandise sales shall be specified in general term:sin the application. ' ., I , ! . iii. ¥otor fuel facilities are installed in accordance wit~ state standards. iv. Adequate space shall be provided to access gas pumps and allow I , maneuverability around the pumps. Underground [fuel storage tanks I , ! i are to be positioned to allow adequate access by motor fuel transports . and unloading operations minimize conflict witb , circulation, access and other activities on the site. v. Wherever fuel pumps are to be installed, pump islands shall be installed. vi. A protective canopy located ovèrthe pump island(s) may be an accessory structure on the property however adequate visibility both on and off site shall be maintained. vii. An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked·cars or moving:vébicles. k) Uses determined to be of a similar nature as those permitted under Subd. 1, upon a finding that the uses will not be detrimentalto the health, safety and welfare of the City, and that the use is consistent with the stated intent of the zone as contained in Subd. 1. Subd. 4. Permitted Accessory Uses. The following uses shall be. ,permitted as an Accessory Use in the General Business District. a) Commercial or business building for a use accessory to the principal use, not to exceed _ percent of the principal structure. b) Business identification signs as regulated,in Subdivision 11 ofthis Section. . c) Temporary buildings for construction purposes for a period not to exceed construction. e) Off-street loading and parking areas. e) Signs which meet the criteria in Subdivsion 11 of this Section. Subd. 5: Lot Size. Minimum lot size is 10,000 square feet with a minimum width of 100 feet. Subd. 6: Setbacks. a) Property adjacent to County State Aid Hi~hway 75 shall have a ten (10) foot landscaped setback from the highway right-of-way line. All structures shall have å twenty (20) foot sdback from the highway rigbt"of-way. b) Front yard setback shall be twenty (20) feet from the lot line. c) Side yard setbåckshallbe ten (lO)feetfrom the lot line. If the property's side yard is adjacent to County State Aid Highway 75, the setback shall conform , to Subd. 5 (a) of this Section. . I . I , I I . d) Rear yard setback shall be ten (10) feet from the lot line, 35 feet if abutting a residen'tial district. I r . , J Subd. 7: Height Requirements. No portion of any structure shall exceed 2~ storie~ o 35 feet in height. I I ! Subd. 8: ',Site Coverage. No structure or combin~~on of structures sþall occupy m re than 60 percent! of the lot area. I i Subd. 9: Other Requirements. a) parkin~ Lots: All parking lots shall conform to the. standards set forth in . Section 152.14 Subd. 4' and Subð. 5. All lots shall ipclude parldng controls and. other landscaping techniques to improve their aesthetic quality and to direct the flow of traffic. ' . b) Loading Docks: All loading docks sb.all conform tò the standards set forth in Section:52.14 Subd. 6. No loading docks or overhead doors shalldirectly face County! State Aid Highway 75. I c) Buildin~Exteriors: Acceptable building materials shall include brick, stone, tip-up ~oncrete panel, decorative concrete block or glass. Wood siding, . plastic and other combustible materials not listed as acceptable shall not be used fO* building exteriors. Architecturally approved steal is acceptable provided that at least fifty percent (50%) of the building (excluding windows and dodrs) consists of brick, stone, tip-up concrete panel, decorative concrete block a~d/or glass. Any builðingsundergoingrenovation, repair or an additio~, so as to. require the issuance of a buildingperiDit, shall be brought into co~formance with this subse,ction at the time the repairs, renovations or addition are completed. I I d) Screening: All heating, ventilation ànd air conditioning equipment, and refuse storage areas shall be screened and ina suitable location as determined by the Planning Commission. ,.' e) Lightin~: AU lighting shall he hooded and no light may directly strike County ¡State Aid Highway 75 or areas outside of the development. . , 1) Stops and Curbs: Concrete curb to B-612 specifications shall be used for all automobile stops and for all drive and parking areas. g) Landsc,ping: In addition to requirements relating to parking lots, the Development Plan shall show a unified landscaping scheme .for the \ . developrent. . h) Signs: 111 proposed business signs shall be an element of the Development Plan. AI~ signs shall conform to the Subd. 11 of this Ordinance. , , i Subd. 10: Development Plan Requirements. No building permit shall beissued until . the Planning Commission has reviewed the Development Plan to determine that the use and development is compatible with and complementary to adjacent land uses, and consistent with the stated intent of this zône.. The" developer shall provide the, following items to the Planning Commission for any development located in the B-3 Gen~ral Business District: a) Building location 011 the lot, drawn to scale. b) Building elevations; front"rear and side. c) Building exterior materials and color. d) Locations of ingress and egress points. e) Dumpster and solid waste pick-up areas and proposed screening material. 1) Sign location and dimensions. g) Lightillg standard and hood detail. h) Parking and loading a.reas identified.. i) Drainage by the use of arrows and/or contours. j) Screening of heating, ventilation and air-conditioning equipment. k) Landscaping ma.terial inchtding the location, type of plant and size. I) Fire hydrant and fire lane locations. m) Utility locations. n) Any other fencing, screening, or building accessories to be located in the ,~ development area. Subd. 11.Si~ns. General Provisions. The following regulations shall apply to all signs in the B-2 . District: a) Signs shall not be permitted within the public right-of-way or easements, except as erected by an ()fficia.1 ullito\f government or public utilities for the direction of traffic or necessa.rypublie 'inforniation~ b) Flashing or rotating signs resembling emergency vehicles shall not be permitted. c) No sign shall be placed that resembles allY official marker erected by a g~)Vernmental agency or shall display such words as "stop" or "danger". d) No sign shallbe permitted to obstruct any window, door,..fire escape, stairway or opening intended to provide light, air, ingress or egress for any building or structure. ._0" e) The owner, lessee or manager of any ground sign and the owner ofthe land on which the same is loeated shall keeþ 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) Business signs and name plate signs which maybeor may hereafter become . rotted, unsafe or unsightly shall be repaired or removed by the owner or .. lessee Òfthe property. upon which the sign stand~upon notice by the Building Inspector.' ' I g) Wher~ a sign is illuminated, the source of light shall not shine upon any part of a residence or into a RESIDENCE DISTRIÇT or any roadway. h) No. sigl shaltbeof such a nature or placed in such a position that it will cause I ,.' danger totraffic onastreet. I v) Nosig.,Is shaUviolatethe front, side or rear yardrequire:rnents. w) No ad~ertising signs or billboards· are permitted. Speciaran~ Tlmporary Signs I ~ a) One (1) identification sign notexceedil)gthirty-five (35) sqµarefeetin area forthel following uses: church, school, or similar uses. Such signs shalÌ be solely (or the name and of the use and its activities and maybe illuminated but not flashing. I j b) I ,<,.' , . Temporary signsa.dvertising aue", subdivisi0J,1 development limited to the follovvihg: (1) maximum size sballbe thirty-íyV0 (32) square feet in surface 1 .0 . area, (2) maximumheightoffifteen(15) feet above ground level. I , . 1 c) Real e~tatesigns,jncludingsigns advertising the sale or rental of premises, are pe~mitted provided the area on one side of any such signs shall not exce~d ¡six (6) square feet. i I d) Tempojrary signs of contractors, architects, mechanics, special events and artisanls are permitted, providedthatsuchsigns sballbe removed promptly upon cÒmpletion~ftheworkand further provided that such signs shall,not exceed jthirty-two(32) square feet in area. Portable Signs. I a) Definition. ',A portable sign is one that is movable front one location to anothefand is not permanently affixed to tbeground, sales display device, or structure. I I I l) PermitiRequired. A business seeking to use or display a portable sign shall obtain .~. permit from the City for the period of display. Permits will specify the lengt)} of time the sign will be displayed,locatiouofthesign, and business a.pplying to use the sign. Lengthfwse, The dnration o(time a p0ita~les~ can be lo¿ated on a ¡ c) proper · is Umitedtoamaximnmof sixty;~):YS\nany one calendar Year. . \ I I i I I d) Size. Aportable sign shall not exceed 50 square feet which accounts for all . letters, numbers and attachments; excluding material required to support the sign. Business or Commercial Signs a) That the area on one side of all such signs erected on one street frontage of anyone premises, shall not exceed fIfty (50) square feet. b) Such sign except a directional sign, is erected only on.thepremises on which the use, to which the sign relates, is conducted. h) Notwithstanding the above, where two or more separate and individual commercial operations are conducting business in separate' areas of a single . building or structure, in which each operation owns or leases separate and indivithial premises, but sharein the use and maintenance of common areas within or around the structure, then and in those circumstances, each individual business operation mayibepermitted to display an individual business sign as provided in subdivisions a) and b), except that said sign must be directly attached to that particular premises actually occupied by the business operation to which the sign relates. In addition to these individual business signs, the combination of business operations occupying the structure, may maintain a 50 square foot sign detached from the structure identifying the structure, the individual business operations located therein, or other reference to the . combination of business operations located withi~ the)strncture. ' Sign Removal. All signs not maintained and kept Í11 good'repair shall be subject to removal upon direction of the City Building InsJ}ector. Section 52.23 - LI-LIGHT INDUSTRIAL DISTRICT. Subd. 1: Intent. The Light Industrial District provides space for industrial activities involving a minimum degree of refuse byproducts and air or noise pollution, and requiring a relatively low level of on-premise processing. These activities may include secondary commercial functions which are conducted on site. Stibd. 2: Permitted Uses. The following use shall be permitted withirtthe LI-Light Industrial District: a) Assembly plants and manufacturing enterprises of a wide variety of products that do not cause noxious odors Or noise, including excessive users of water and sewer. Examples of such uses include: fabrication or assembly ofsmaU products such as,opticals, electronics, pharmaceuticàls, medical supplies,and small equipment. b) Publishing establishments. c) Clothing or apparel manufacturing or assembly. . d) Business incubator facilities. e) Bottling establishments. I I ] . 1) Dryclèaning and drying establishments. g) Manufacturing/assembly of crates, boxes, baskets, furniture, veneer, I cabinets and similar word items. h) Building materials sales and storage/ lumberyards. i) Manufacturing of plastic, fiberglass and metal products. I" , j) Grain elevators. k) Major iautomotiverepair. 1) Office~/showroomlretailspace as a portiönofthe principal industrial use provided they dd not exceed a combined 25 percent of the total square footage of the ' . . I 1 'pnnclpa use. " m) Eleswekis appliance assembly and warehousing. i n) Industrial research laboratories. 0) ManufJcturing of small electrical parts and service. p) Newsp~per and printing plants. q) T elecofurnunication facilities, base stations. r) Telemai-keting and mail orderestablishm.ents. s) Warehqusing, of non-explosive material' and equipment within the structure. t) Wholesale or distributor storage and distribution of non-hazardóus materials. i Sabd. 3: Permitted Accessory Uses. The following uses shall be permitted as anAccessory Use i the Light Industrial District and subj ect to the all the requirements in this Section: I . a) RestaJant, lunch counters, confectioneries tQ serve the employees employed within the District. b) Reside~tial structures and related residential uses necessary ,for security'and safety reasons! in relation to the principal use. c) Off-str¿et parking and off-street loading. d) ", I Outdoor storage as regulated in Section 52.14, Subd. 15. I e) Office accessory to the principal use. f) Busine~sidentification signs as regulated in Section 52,H. Subd.ll. g) Temp01jary buildings for ,construction purposes fora period not toexce~d a period of 12 months. . , . S ,bd. 4: Uses Under Special Use Permit. The following uses shall require a Special Use Permit b sed onthe procedures set forth in this Ordinance. I I i a) AdultEntertainmen~ as regulated in Section 52. 14 Subd,20 of this Ordinance. è) , Ce:El.1i¥l~FGiaJ. asti-~:ities èR-@etly r@latiagt@ a f'lFBâRGt f'lrBèèH~Qè BE. sits. c) Comm¿rcial activities relating to production systems, structural maintenance progratrts or the construction industry. d) Service!structures, public or private, designed and used to serve theus,es iuthe surrounding area, such as electricPQwer substation, telephone buildings, deep wells, elevated tanks and similar structures and uses. " , e) Comm~rcia1/Industrial Planned Unit Development. f) When proPerty within a Light Industrial District abuts Coun1y State Aid Highway . 75: i. Motels I 11. Gasoline service stations I ! I 111. Restaurant or supper clubs · IV. Drive-in establishments v. Open sales or temporary rental lots Subd. 5: Lot Area Requirements. a) Th:e let area shaH b8 t.J.:1e 8l'ea eftàe reø@Fà~Hil1Qt as fi1e8. v.'~ t.J.:1e Steams C@OO~' :\:a8.it@rE: OfÉøe. The let area skaU 13e i8.eB.tifieà by t:B.8 àe~,'e19~8r ana t4:ie PlïmnÌFlg CBmmissiøF!. s:B.all 8.etE!rmÌn8 t:B.e l@t :B.as 81iI.ffi@ieRt æ"ea tEl all@v-' t:B.e Ø@Flsku€ti@F!. aDd still øøRform ~.yit1l tJle reEluireHleBtIS1 @ftbilS1 OrsHumse. Minimum LotSize: One (1) acre (43,560 square feet). Minimum lot width one hundred / (100) feet. Subd. 6: Setback Requirements. Front Yard Setbacks: a) Front yard setback shallbe thirty (30) feet from the lot line. On comer lots, the setback from all lot lines abutting a street shallbe thirty (30) feet. When an industrial district lot is separated from a residential zone by a city street, the setback from the lot line shall be one hundred (100) feet. b) Front yards abutting any roadway: the setback shall be landscaped as in accordance to the requirements of any applicable protective covenants and such reasonable requirements as established by the Planning Connnission, and shall not · be used for parking. Side Yard Setbacks: a) Side yard setbackshallbeat1easttIiJR(lO) twenty-five (25) feetrrom thelot1ine. b) A Light Industrial District side yard adjacent to a residential boundary linë shall provide for a landscaped strip of at least sixty (60) feet in width along the lot boundary line. A portÍöÏì of this landscaped strip shall be planted to provide a screen. The governing body may require additional side yard setback in these cases. When such additional width is required, such.ádditional width shall not exceed one hundred (100) feet and paring in this area will be permitted. c) Side yard boarding upon any roadway: the setback shall be landscaped in accordance with any applicable protective covenants and sUdh reasonable requirements as established by the Planning Connnission. Rear Yard Setback:' a) Rear yard setback shall be at least twenty (20) feet, which may be used for parking. Subd. 7: Height Requirements. a) No building constructed in any Light Industrial District shall be more than fifty- · five (55) feet in height. · Subd.8: Sit~Covera2e. No str.ucture or.combinatlollO{structuresshaIlOccUPY ore than 50 percent of. the-lot area. . ! .'.......... .. ': ".' I I Sµbd. 9:' Other Requirements. 1 a) Parki~gLots: Allparking]ots shall conform to the standards set forth in Sectioþ 52.14 Subd. 4 and Subd. 5. All lots shall incluØeparking controls and other'andscapin~t~chniquesto improve their aesthetic quality and to direct the flow of,traffic. , '] " " . i b) Loadi!tg Docks:.AIlloading docks .shall c~nformtothestandards set forth in Sectio~ 52.14 Subd,,6. No loading docks or overhead doors shall directly face CountY State Aid Highway 75. c) Buildih.gExteriors: Acceptable buildinglUaterials shall include brick, stone, tip~uplconcrete panel, decorative concrete block or glass. Wood siding, . plastic, and other.combustible mat~rials not listed as acceptable shall not be used for building ~xtel"iors. ÂJ;chitectu.rally approved steal is acceptable provi~ed that at l~ast thi~ per.cent (30%) of the building (excluding windows and doors) consists of brick, stone, tip~up concrete panel, decorative concr~te blockandlorgl~ss. Any buildings undergoing, renovation, repair or an adØition,soastorequire the issuance ofa bllilding perrtlÌt,shaU be · brollg~t il1to ,conformance with this. suþsectionat thetiIl1eth~ repairs, renov~tionsor addition are completed. I I , d) Screening: All, heating,yentilation-andair_conditioning .equipment,·. and refuse ¡storage areas shall' be screened and in a suitable location. as deter11lined. by the Planning Commissiolh e) Lightifg: AUligbting shallbe h()oded and no light may directly strike CountyState Aid Highway.75 or areas outside of the development. I ] f) Stops ,and Curbs: Concrete curb to B-612 specifications shall be used for all ! .' . , automrbile stoJ?s and for.all drive and parking areas. g) Landscaping: In addition to requirements relating to parking lots, the I, .. .......... ..' ':. ".. .. .. .." .. ", .. , Deyel~pment Plan shallsho", 4. unified landscaping scheme for the development. I h) Signs:~IProposed business signs shall be ani element of the Development Plan. All signs' shall. conform to the requirements. of Subd. 11. .', i ! Subd. 10: De~elopment Plan Requirements. No building permit shallbeissued until t~e Planning Commi~sion. approves the Development Plan to determine that the use and · development is compatiblewhh and com,plementary to adjacent land uses, and consistent ~ith the stated intent of this zone. The developer shall provide the folloWing items to the pi anning Commissi~r for any d~velopment located in the LI - Light Industrial District: I I ! I 1 I I· I \ a) Building location on the lot, drawn to scale. . b) Building elevations; front, rear and side~ c) Building exterior materials and color. d) Locations of ingress and egress points. e) Dumpster and solid waste pick-up areas and proposédscreening matetial. 1) Sign location and. dimensions~ g) Lighting standard and hood detail. h) Parking and loading areas identified. i) Drainage by the use of arrows and/or contours. j) Screening of heating, ventilation and air-conditioni)!g equipment. k) Landscaping material including the location, type of plant and size. I) Fire hydrant and fire lane locations. m) Utility locations. n) Any other fencing, screening, or building accessories to be located in the development area. SRbcì. ~: Perf9rmaBêe StancàaFàs. a) A~plieQN.ts for a ~ma:Mt t(3 àw:ele~ any måRstriitl~r(3pm~/ m tÈ\e C~' efS3t. Jes@i3li sliall be rS'i:Rkeà te s1iBmit it s@m~l€lfe ami .aeearatestat€læeE.t t9 the PlamriRg C@mmÍssi@R e9F1eerm:e-g th@ Ðpesifie »age @fthe lils@tØ ~.vm.e1a the~r9P8fty is to be ~1it. This &tatemeRt shall inøl1iàe càetaileàinfurmati9F1 relati~:e t9 tB.e G9Rtrøl 9f Bmékti!, ea@ts, Reise, ~:~rati9N.S er øtlur in:lfaets, as statBcJ iRS8etioR 52.14 SaèEl. 19, ,,,meh may 1;)8 BBRÐiåer8aèy iÈle Pl~Rg . C@mmissi@E. as d8trim.8atal te the health, safety; aBa g@E.Bfal~.,;'@lfare. Tlle Planning Cømmiss:ieR may r@qwe my itGld4:ticmal inførœàtiBR, eerreetÌBRs ør øø,Rtrøl à@i¡¡E.Ulci E.(:!C8ssary for the prot@ûtion øftàe pa911ø. . , @) J!hfon~ tbeissuBneeefa1rælEUBgp8rlNit, @ailëings eøRstraBteë iR tBe Light æàRstriaJ. Distri&1t HRlst have¡ it landsøaJ!H~ J?laR it~~rø~!e.d èy the Plæm.mg CemmisEJiøQ~' ø) BeÍGre tni' iSSlilanrai' 9fa èailGing ~ermit,all èailàægs øønstJ:uøted,ør tmè.ergeÍE.g exteriør reJl9~.Tatiøn ør r€miøè.~Img intke Ligàt IBGustrialDistriøt B!Nlst Jaave tk@ e¡Kt@riør :tmisk ciesign and materials approved by 1:13.e Pianning øøHm1issiøn. Subd. 11. Si2ns. General Provisions. The following regulations shall apply to all signs in the Agricultural District: a) Signs shall not be permitted within the public right-of-waY'or :easements, except as erected by an official unit of government orpubliè utilities for the direction of traffic or necessary public information. - ' . b) Flashing or rotating signs resembling èmergencyvehicles shall not be permitted. c) No sign shall be placed that resembles any official màrker erected by a governmental agency or shall display such words as "stop" or tI danger" . . I, I d): No siJn shall be permitted to obstruct any window, door, fire escape, . stairn;ay ()f opening intended to provide light, air, ingress or egress for any buildfug or structure. : I i i ' ' I e) The o~ner, lessee or manager of any ground sign and the owner of the land on whichthe same is located shall keep grass or weedsànd other growth cut aJidd~bris and rubbish cleaned up and removed from the lot on which a sign is located. i I i f) Advertising signs, business signs and name plate sigllsWhich may be or may herea~ter become rotted, unsafe or unsightly shall be rep.~ired or removed by the owner or lessee of the property upon which the sign stands upon notice , bytbei Building Inspector. ' I '. I ' , g) Wheré a sign is Uluminated, the source of ltght shallnQt shine upon any part of a re~idence or into a RESIDENCE DISTRICT or any roadway. I ' I h)'" No sigh shall be of such a nature qr placed in such a position that it will cause danger to traffic on a street. i 1 j) Nosigrs shall violate the front, side or rear yard requirements. I Special and Temporary Si2ns . I I I ,_ . a) One CO identification sign not exceeding thirty-five (35) square feet in area forth¢ following.uses: church, sclíool, or$imilar uses, Such signs shall be - solelyforthe name and of the use and it~ activities and maybe illuminated but not flashing. ' b) TempÓrary signs advertising a new subdivision development limited to the follow~ng: (1) maximum size sball be thirty-two' (32), square feet in surface area, (t) maximumheight of fifteen (15) feet above ground level. I I, c) Realestate signs, including signs advertising the sale or rental of premises, are permitted pro~ided tbearea on one side of any such S\gns shall not exceed six (6) square feet. ~ 'I ' I I d) Temp6rary signs of contractors, architects, JIlechanics, special events and artisa~s are permitted, provided that such signs shallbe removed promptly upon ~ompletion()ftÞ.ework,andfurther provided that such signs sball not exceed thirty-two (32) square feet in area. j Portable Si2ns. 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 I structure. ¡ \ 1 i i j b) Permit Required. "A business seeking to use or display a portable sign shall . obtain a perniït from the City for the period of display. Permits will specify the length of time the sign will be displayed, location of the sign, and business applying to use the sign. c) Length of Use. The duration of time a portable sign can be located on a property is limited to a maximum of sixty (60}'days in any one 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. Advertisin~ Signs and Billboards For purposes of this section, an advertising sign or billboard shall be a sign which directs attention to a business, profession, commodity, service or entertainmenfwhich is sold or offered on a premises other than that on which the sign is located. a) Advertising signs or billboards' shall not be permitted within a public right-of-way or easement b) Illumination of advertising signs or billboards is permitted if the illumination is directed toward the surface of the sign and.lÏmited to the sign surface. Illuminàted signs may not gire off an intermittent, rotating, concentrated or . directional beam, or flashing light of any kind. c) An advertising sign and billboard shall not be constructed or maintained - which resembles an.y official marker erected by a governmental agency, or displays words such as "stop," "yield," or "danger. d) An advertising sign and billboard shall not be constructed or maintained in a manner so 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) Advertising signs and billboards which become rotted, unsafe or unsightly shaU'be repaired or removed by the licensee, owner or owners of the property on which the sign stands upon notice from the City Building Inspector. The owner, licensee or owner of the land on which the sign is 10catedshaUkeepgrass, weeds and other growth cut, and shall cleanup and remove all debris or rubbish from the lot on which the sign is located. If the owner, licensee or oWner of the property fails to act in accordance with this paragraph, the City may remove the sign in question upon the direction of the City Council, and all costs incurred for removal may be charged to the owner of the sign and if unpaid, certified to the County Auditor as a lien against the property on which the sign was located. 1) Advertising signs and billboards shall be constructed or maintained which . obstructs traffic visibility. ¡ I i I- . ' . g) Ad",e~i&ingsignsiandbillboards shall not be located on the roof ofa building orpaint~d~irectly on the side· of the building, unless it is clearly dèmonstrat~dtothePIa.nning Ç.ommission that the løcation of the sign dQes not th'rea.ten the structural integrityof~ltebuilding in questiQn,< cause a safetyl hazard to any persons or property in the.vicinity of the building in qU~Sti:OIl', a~)(t is., aesth~tic~ll~~on~istelltwith an non-offells~ve to the properties in the immediatear,eaC)f the Þuilding in question. I, . ." ,. . ' , '.,' I h) All bi!lboardsoradvertisingsignsshaUmaintain a minimum setback of at least 20 feet from any point 011 the sign from aU property lines of the propetty on which the sign is. constructed or maintained. I i) I, , ,',', ,.,".. , Adveríi&ingsignsor billÞoards shall not be constructed, maintained or 10CJi.ted any çlQsertballl,OOOfèet froµ! any otber~dvertising sign Qr 1 ' .. ..... .........:. ,_ ',', ,,_.. "....... ...'..... ',' .',: " .... ,'-.. """:.,' :'n ,',' " -",:', ..... ',',' -:,' ..... .. -,",:' ,,' .. ....... .... ',. ", ,," billþo~rd. An advertising sign or billboard structure which is constructed to asto~lIow the display of adveriising on both the front ,and backside of the ~tructure shall. çonstitute a single sign. for purposes of the 1000 feet ¡',;' ...... .. '-"':-" ...." ........-' ,',,': ,', .."'.. .........-.,. limitation. No advertising sign or, billboard shall project higher than 36 feet \ above ¡the average grade of the property on which the sign is located. An adver~ising sign or billboard structure shall not contain more than two indivi~ual signs per facing. No individuàl sign shall exceed 25 feet in total length~ 12 feet in height, and 300 square feet in sign surface area. No - , adver#sing sign may be erected within 200 feet of an adjoining residential . distric~.Where.the advertising sign location is across the street or roadway from a residential district, compliance withthe set-back requirements ofthe zone i~ which the sign is situated shall bé considered adequate. ' - I - - Business or Commercial Si2ns 1 a) . That the area on one side of all such signs erected on one street frontage of any o~e premises,· shall not exceed fIfty. (50) ~quare feet. b) Such sign ,except a directional sign, is erected only on the premises on which I .. . the user, to vvJ1Ích the sign relates, is conducted. 1 i c) Notwithstanding the. above, where two or more separate and individual comm¿rcialoperations are conducting business inseparat~areas ofa single buildi~g or structure, in which each operation owns or leases separate and indivi~ualpremises, but share in the use ,and maintenaJice.of common areas within!or around the structure; then. and in those circumstances, each 1,"<' ..... .... .. ...... .. .. .... .., ',' ;. .... ;..:....:,.. -,'," ", .. ",- .. ·'C_.' .. _,' individual business operation may be permitted to display an individual b'Qsine~ssign as pr<JVided in subdivisions a)and b), except that said sign must bedir~ctly attached tothat paI"ticular premises actually occupied by the business operation to which the sign ' relates. In addition to, these individual l)Usine~ssigns,the combination of business operations ocçupying the . . struct~re, 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 ofbusines& operations located within i I I I j I ì thê structure. For purposes of this subdivision, a· combination , of two or . more business operations within a single structure includes, but is not limited to, shopping centers, shopping malls, and subdivided retail, office or in- dustrial buildings offered for lease .or condominium ownership. Sitm Removal. All signs not maintàined and kept in good repair shall be subject to removal upon direètion of the City BuildÎlîg Inspector. " \ Section 52.24:E E- EDUCATIONÅL - ECCLESIASTICAL DISTRICT. Subd. 1: Intent. It is the intent of this district to provide for an área occupied by æ public and private educational and ecclesiastical institutions. The institutions of the Order of Saint Benedict and the College of Saint Benedict predate theadoptiòn,ofthis'Ordinance. The City recognizes In recognition of the historic significance·and cultutål, :religious and educational funètion of these institutions. However, this' sectîon is meant to próhibit the uS'e ofland by these and other educational facìlitîes whichw0uld be incòmpatible with of detrimental to the essential characterofland adjoining the Educational- Ecclesiastical District. Subd. 2: Permitted Uses. a) Convents b) Novitiates . c) Colleges and Universities , d) C-ollege Preparatory Schoo-Is e) Churches and Similar Uses f) College Owned StUdent Housing g) Grade Schools h) High Schools i) Vocàtional Schools Subd.3: Uses Under Special Use Permit. The following uses shall require a special use pennit basedOÏ1 the procedure set forth in this Ordinance: a) , Streets and alleys which provide a means of ingress and egress to or :tram the institution. Subd. 4: Permitted Accessory Uses. Accessory uses reasonably incidental to the function and purpose of permitted uses including, but not limited to: . a) An independent power plant facility. ! I I. . b) Storage buildings for storage. of equipment used in the maintenance òf the propefíy. \ I I c) Swim~ing pools, tennis courts and other recreational facilities. Subd. 5: This ordinance ,¡"ill notcon~~l general requ.irmnents ., . ".... , I ' . :1 I a) . Constrhction of facilities must be by a building pennit issued by the building inspector tøin£Urebuilding codecomplianc@, and all bmldingsplans mU£t b@ appro~;@dbytb.@ fir@însp(¡)ctor and planning commission [-or purposes òf insuring .,access:for,firefigl1ting:md polic@ purposes. Abuilding pennitmust b@ issued by the building insp@ctor and building plans approved by the fire in&pector f-or I remodeling of existing faciliti@s for a samso-r similar use. j . ~', . I . ' b) ç;;' . t:b 'Id··>· .' ", ,,'., ," I d .t1:J. ~Q:tì t: ,onstmctlOn 0 UI, mgs, SlgnG or structures ocate '.\'1 nn, '. >,' eet 0 any boundÅrY line of the Educational' Ecclesiastical District must cònfm:m toths applic~bl@standardsimp()sed for the property adjoinmg that boundary linß oftlw Educational.Eccl@siasticalDistrict. I i I . Building Permit Required.' Construction offacilitiesmustþe by abuilding ~ermit issued by the1 building inspector to insure building code compliance, and all building šermit applicatlnus inust be reviewed and approved by tbelire inspector and tbe Planning - ºmmission. A buil,ding permit must be issued by the building inspector and building - rs approved by tbe lire inspooror audthe PlanuingComßÚssion for rewodeling .of e i~ting facilities for[a same or similar use. > . I . . . ..' . Subd. 6: Height Requirements. No building constructed in the Educational . cclesiastical District shall be more than 3 stories or 40 feet in height. Steeples and similar noccupied design f~atures shall be excluded from the determination of a building's height. I I Subd. 7: Setback Requirements. , i , a) The f~ont yard of any building shall be 35 feet from the lot line. , I I b) The si~e yard of any building shall be 20 feet from the lot line, unless the side yard abuts a street or highway in which case the setback shall not be less than 30,feet. i c) The réaryard of any building shall be 20 feet from the lot line. I I i I Subd.8: Site Coverage. No structure or combination of structures , shall occupy . ore than 50 perce~t of the lot area. Subd. 9: Other Requirements: I I I I I I a) Screening: All heating, ventilation and air conditioning equipment, and . refuse storage areas shall be screened and in a suitable location as determined by the Planning Commission. b) Lighting: All lighting shall be hooded and no light may directly strike County State Aid Highway 75 or areas outside of the development. c) Landscaping: In addition to requirem.ents relàtingto .parking lots, the Development Plan shall show a unified landscaping scheme for the development. d) Parking: All parking lots shall conform to 'the standards set forth in Section 52.14 Subd~ 4 and Subd. 5. All lots shallincln.dè parking controls and othèr landscaping techniques to improve their aesthetic quality and to direct the . flow of traffic~ Subd. 10: Development Plan Requireme~ts. No building permit shall be issued until the Planning Commission and the City Council approves the Development Plan to determine that the use and development is compatible with and complementary to adjacent land uses, and consistent with the stated intent of this zone. The developer shall provide the following items to the Planning Commission. for any development located in the Education al- Ecclesiastical District: a) Building location on the lòt,drawn to scale. . b) Building elevations; front, rear and side. ·c) Building exterior materials and color. d) LocatÎans of ingress and egress points. - e) Dumpster and solid waste pick;;,up areaS and proposed screening material. 1) Sign location and dimensions. g) Lighting standard and hood detail. h) Parking and loading areas identified. i) Drainage by the use of arrows and/or contours. j) Screening of heating, ventilation' and air-conditioning equipment. k) Landscaping material including the location, type of plant and size. I) Fire hydrant and fire lane locations. m) Utility locations. n) Any other fencing, screening, or building accessories to be located in the development area. Subd.11: Signs. General Provisions. The following regulations shall apply to all signs in the Educational Ecclesiastical District: a) Signs shall not be permitted within the public right-of-way or easements, except as erected by an official unit of government or public utilities for the . ,direction of traffic or necessary public information. · b) Flaship-g or rotating signs resembling emergency vehicles shall not be permitted. I i c) i .'. '..... ':,:'.".. ,:'" "::0' ",:.. ,,:, ..', ,.... .. .. .. ...... ,:' No sigr shallbe placedt~at resembles any official marker erected by a gover,mentalagency or shall display such wor.ds.as "stop" or"danger". I d) N o sign shall be p~rmitt~d to Ql>struct a~y wind()YV,d??r, fir~escape, stai..w~y oropcmingintendedtoprovideligqt,air, ingressior egress for any buiIditlg QJ." structµ'J'e.' . . '.. ,I .." i e) ¡',', ''. -,,''''',' .,""- .... ....... .. ,-,:.: ,", ............,: .! Th~ owner, lesseeprmanagerofany g..ollnd sign and tJ¡eowner of th~ land onwhicl1Jhe same is J()cate,d. shallkeep ~ras~or.. we~sand other growth cut and d~bris and rubbish cleaned upandreJl1ovedfrom tJ¡eJot on which a sign isJocated. ", !'- .., I ". .. .. ....'...,;, .,' f) Wher~ a sign is illuminated, the source oflight shall not shine upon any part oCa refidenceor into',a RESU)ENCEDISTRlC1' or any roadway. g) No sign shall be of such a nature or placed in such a position that it will cause I " " '" , dangeJ¡" to traffic on·a street. I' , " ' , " ' " , , ' 1 i) : I,: " . '.,:.' ..'.'. ' .. ,,',.'.' No. sigpsshallviolate thefr()nt, side or rear yard requirements. I · j) No adýertising signs or billboards are per:m.itted. S'pecial and Temporary Si2ns - One (11) id(mtificatiol1signlìotexceedingthirty~five (35) square feetÌnarea i;a) forth~followinguses: church, school, or similar uses. Such signs shall be solely for the name and of the use and its activities and may be illu:m.inated . bllt no~ flashing. 1 I b) Temporary signs of contractors, architects, mechanics,specialevents and artisans are permitted, provided that such signs shall be removed promptly uponAompletion of the work and further provided that suçhsigns shall not exceed thirty~two (32) square feet in area. I i Si2Jl Removal., All signs not maintained and kept in. good repair shall be subject to removal upon direct~on. of the City Building Inspector. I Section· 52.25~ PUBLIC DISTRICT. Subd. ,1: .. Intent.· It is the intent of this district to provide ordinances governing the ~se and, development of property owned by the City, the County, the State of Minnesota, or any other political s'fbdivision.This section is intended to allow theuse of such property · Cfr any Pllblicpurpqsewhile minimizing the impact of any such public use which is ip.compatiblewith or detrimentalto the essential character of land adj oining the Public ¡strict. ¡ , , , ¡ j I I i Subd. 2: Permitted Uses. The property in the Public District may be used for any . public purpose. Subd. 3: Setback Requirements. a) Property ad.iacent to County "State Aid Hif!hway 75 shall have a ten (10) foot landscaped setback from thehigb.way right"ôf-wãy line. A1ïystructure shall have a twenty (20) foot setback from the highwaYfight;.,of-wày. b) Front yard setback shall be twenty (20) feet from the lot line. c) Side yard setback shall be ten(10)feêt from the lot line. If the property's side yardis adjácentto CountyStatê'AidHigbwaY7S; the ,setback shall conform to subd. 5 (a) ófthis ~ection:. ' d) Rear yard setback shall be ten (10) feet from the lot line, 35 feet if abutting a residential district. Subd. 4: Heif!ht Requirements. Any portion of a structure shall not exceed 3 stories or 40 feet in height. Subd.5. Site Coveraf!e. No roofed structure or combination of'roófedstructures shall occupy more than 60 percent of the lot area. A combination of structures and nonporous surfaces may lIot cover in excess of 90 percellt of the lot area. Subd. 6: Other Requirements. . 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 quålity and to direct the flow of traffic. '., b) Loading Docks: All loading docks shall cOJ.1form'to the standards set forth in Section 52.14 Subd. 6. No loading docks or overhead doors shall directly face' County State Aid Highway 75. Subd. 7. Sif!nS. General Provisions. The following regulations shall apply to all signs in the Public District: a) Signs shall not be permitted within the public right-of-way or easements, except as erected by an official unit of government or public utilities for the direction of traffic or necessary public information. b) Flashing or rotating signs resembling emergency vehicles shall not be permitted. c) No sign shall be placed that resem:bles any official marker erected bya governmental agency or shall display such words as "stop" or ",danger". . I . d) No signlShall beperllÚttedto obstruct any window, door, fire escape, stairway oropenillg intended to provide light, air, ingress or egress for any building or structure. ' e) "'. The owner, lešsee or manager of any ground sign and the owner of the land on whiJh' the same ,is ,located shall keep grass orweeds.and other growth cJt and de,ris,and rubbish cleaned up andrem()ved froØlthelot on which a sign' is Jocatfd. , . 1) Busine~s, signs and na.me plate signs which may be or may hereafter become rotted,nnsafeorunsightly shall be repaired orxemoved by the owner or lessee.oftheproperty upon which the, sign stands upon notice by the Building Inspector·<i,' .', , ' , ," g) Whete;a sign is illunµnated, the source, of light shall not shine upon any part , ofaresrdence or into a RESIDENCE DISTRICT or any roadway. i h) No sign shall be of such a nature or placedin sucll'apositiollthatitwiU cause I dangerltotraffic on a street. " ," i) Nosi~ shall\'iolate the front, side or rear yard requirements. j) Noadverti~ingsigns orbiUboards are permitted. Special al1dT~mporary Si2DS a) One qji€lentification sign not exceeding thirty-five (35) square feet inareâ forth~lfoUowinguses:, church, school" or similar,uses. 'Such signs shall be . solely for the nameiand of the use and its activities and may be illuminated but n01 flashing. b) Temp~rary signsad\Tertising a new subdivision development limited to the fOllowip,g:.' (1) maximum size shall be thirty-two (32) square feeUn surface - area, (~) maximum height of tift~en (1:;)feetabovegr()und level. . c) Realestate signs, including signs advertising the sale or rental of premises, are petitied provi"edthe areaonon,,~ideor any ~nch ~ign~ sluill not exceed six (6) square feet. ',' d) Temporary signs of contractors, architects, mechanics,. special events and . artisa~sare permitted, provided that such signs shallbe removed promptly upon completion of the work and further provided that such signs shall not exceed! thirty-two (32) square feet in area. I· I I Portable Si2ns. I â) ! Definition~ Aporlable sign is one that is movable from one location to anoth~r and is not permanently affixed to the ground, sales display device, or structure. b) Permit Required. A business seeking to use or display ,a portable sign shall obtain! a permit from the Cityfor the periodofdispláy.Permitswill specify I " " the leri,gth of time the sign will be displayed, location of the sign, and business applyïp.g to use the sign. . c) Length of Use. The duration of time a portable sign can be located on a propehyisJimitedto a maximum of sixty (60) days in anyone calendar year. i I j 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. Business or Commercial Si2'ns " a) That the area on one side of all such signs erected on one street frontage of «..>'.' . anyone premises, shall not exceed fifty (50) square feet.' b) Such sign except a directional sign, is erected only on the premises on which the use, to which .the sign relates, is conducted. c) Notwithstanding the above, where two or more separate and individual commercial operations are conducting business in separateateas ofa single building or structure, in which each operation owns or leases, separate and individual premises, but share in the use and maintenance of common areas within,oraround the structure, then and in those circumstances, each individual business operation may be permitted to display an individual business sign as provided in subdivisions a) and b), except that said sign must be directly attached to that particular premises actually occupied by the business operation to which the sign relates. In addition to these individual business signs, the combination of business operations occupying the structure, may maintain a 50 square foot sign dêtachedfrom the structure identifying the structure, the individual business operations located therein, or other reference to the combination of business operations located within · the structure. . Sign Removal. All signs not maintained and kept in good repair shall be.subject to removal upon direction of the City Building,Inspector. - - I ~ ., ., · . i I I I i Section 52.21: B-1 G~ÆR.^x' CENTRAL BUSINESS DISTRICT. Subd. 1. Intent. The GøJ:MMl Central Business District hAs been established to encourage the continllation of a viable downtown by promoting uses dependent on high vo~umes of pedes tria" traffic; to provide for regulation of the high intensity commercial us~ located within thF0riginal core of the City; and, to encourageparks/greenspace in the downtown area. The Central Business District provides space for concentrated general bu iness and commercial activities at locations where they are easily accessible to residential ar as and, at the same time, minimizing'negative impacts to residential neighborhoods. Subd. 2. Permitted Uses. The following uses shall be permitted within the G81Ulra! C ,ntral Business District: a) Antique st1res. b) Appliance Sîores. I c) Apparel shops. d) Artisan sho.ps. e) Bakery goods, sales and baking of goods on premises. ±) Barber and beauty salons. . g) Bicycle sales and repairs. h) Book stores. i) Boutiques. j) Business/p~ofessional offices. k) Coffee sh0¡;Js. 1) Fanners market for the sale of produce only. Notification and the submittal of a plan to the Planning Commission is required. m) Financial institutions, including insurance companies. n) Florist. 0) Fruit, vegetable and meat stores. p) GQvernmen~ buildings. q) Neighborh~od grocery and drug stores. r) Neighborh~od hardware stores. s) Hobby shops and gift stores. t) Interior design. services, including floor and wall covering stores. u) Jewe1ry sales and service. v) Laundry and dry-cleaning services. w) Library. . x) Medical, o~tical and dental clinics. y) Parks and ppen Spaces. z) Pet shops, excluding kennel services. aa) Photograph,sales andrepair. bb)Record and I video stores. . cc) Restaurants, coffee shops, excluding drive-in service. dd) Sporting go~ds stores. ee) Small appliance repair and service I 3 . if) Postal facilities gg) Other use determined by the Planning Commission to be of the same character as contained in this Subdivision. For the purpose of this Ordinance,. a "neighborhood" use is one that encompasses 10,000 square feet orlessandis designed to serve a sma.1ler area within the City. AlternativeSubd. 2. Permitted Uses. Permitted uses are those that meet thelollowing performance criteria: a) The sitelbuilding design is aestheticaUy consistent with the existing ambiance in the. Central Business District in that it: ' i. Encompasses ·10,000 square feet or less. ü. Includes en entryway which opens onto II sidewtdk used byadjacentlots. iii. Does not exceed the height of the highest building on an edjoining lot, excluding church spires and steeples. iv. Includes e façade reminiscent of traditional mainstreet storefronts. v. (other design specifics) b) The use is of a retaü, professional or personal service establishment traditionally associated with a downtown area or is similar in impact end character to traditional . uses in ,the type of goods sold or services provided, the number of persons or vehicles to be attracted to the premises or in the effect upon adjacent areo~. c) The use encourages pedestrian traffIC between businesses and from nearby resWentialareas. - If) The use is of a type that appeals to customers in the community rather than on a regional basis. e) The hours of operation are limited to 7:30 a.m. to 6:00p.m. t) The use wül not be of such a nature that other business will be discouragedfrom locating nearby. For example, uses which emit strong offensive odors, dust, or excessive noise, adult entertainment establishments, and are not permitted. Subd. 3. Specia.1 Uses. The following uses shall require a Specia.1 Use Permit based on the procedures set forth in Sectiön 52.90fthis Ordinance~ a) Convenience stores, excluding fueling facilities. b) State licensed day care and nursery school facilities provided that: 1. Adequate off-street parking and loading is provided, and; 11. The facility meets all State licensing requi.rements, pursuant to Minnesota Statutes 245A02 and 45A.l1. c) Motor vehicle service stations. d) Bars and liquor stores. . e) Auto 88Iee, service and repair shops. ±) Mixed use of a Permittèd 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 Lj I I i I i i ! . ! i I I ' full time fora Permitted Use, and said permitted and residential uses are not I 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 oceupyonly ~he upper and/or rear portions of structures. Off street parking requirements shall be separately determined for the. commercial and residential uses, in accordance With Section 52.14, Subd. 4. g) Lodge. I h) Commercial Planned Unit Developments.. i) Other uses~etermined by thePJ.anning Commission to be of the same character as contained Î1;l this Subdivision. ¡ AlternativeSubd. 3. S1Jecial Uses. Uses which do not meet the performance criteria u der Subd. 2 above may be allowed pursuant to a SpecialUsePermit.The Planning C ",mission shall co~;der whether adequate conditions can be iJnp()sed that will: I aj Ensurejthat the site buüding/designdoes not detractfrom the traditional mainsttied ambiance. b) Encou,;age the .flow of pedestrian. traffic. c) Protect adjoining residential neighborhoodsfrom· overflow related to increased . activityisuch as parking, noise, andlightpoUution. I . .. . , Subd.,4. Permitted Accessory Uses. The following uses shall be permitted as an A cessory Use in the QeMfw Central Business District. , I - a) Conunerci~ or business building for a use accessory to the principal use, not to exceed 50 percent of the principal structure. b) Basmess ic.ientifieatiofl sigœ ooreguleted inSe¢tiofl52.11. c) T emporarybuiIdings for construction purposes for a periòd not to exceed construction. d) Off-street lÇ>ading and parking areas. e) Signs that µ"eet the criteria of Subdivision 9 of this section. I Subd. 5. SetbaCk Requirements. i I I a) Front yard setbacks shall be ten (10) feet ftom the lot line. If the building ftont is located on Minnesota Street ftom College Avenue to Second Street Northwest, no front yard setback is required. b) ~ide yard setback shall be five (5)feet from the lot line. No structure shall be placed closer than ¡twenty (20) feet from tbeboundary of any residential district. lIthe building ft~nt is located on Minnesota Street from College A venue to Second Street Northwest, no side yard setback is required. c) Rear vard setback shall be five (5) feet ftom the lot'line, except: . i. ¡where a lot abuts an alley, the rear yard setback shall be ten (10) feet; ii. Where a lot abuts a residential district, the rear yard setback shall be I twenty (20)feet. 5 · Subd. 6. Height ReQuìrements. Any portion of a structure shall not exceed 3 ~ stories or ~ 40 feet in height. Subd. 7. Other Requirements. a) Before the issuance of abuilding permit, all buildings constructed in the General Business District must have a landscape plan approved by the Planning Commission. b) Before the issuance of a building permit all buildings constructed, or undergoing exterior renovation or remodeling in the General Business Dis1rict must have the exterior finish design and materials approved by the Planning Commission. c) Where a use exists pursuant to a special use permit in conjunction with a permitted use, the required parking shall be computed for the permitted uSe and special use separately with adequate parking required to satisfY both uses. d) No outdoor storage shall be adiowed. Subd. ·8. Site Coverae:e. No structure or combination of structures shall occupy more than 90 percent of the lot area. Subd. 9. Signs. The following regulations shall apply to all signs in the Central Business District: · a) Signs'shall not be permitted within the public right-of-way ·01' e,asements" except as erected 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. c) No sign shall be placed that resembles any official marker erected by a governmental agency or shall display such words as "stop" or "danger". d) No sign shall be pennittedto obstruct any window, door, tire escape, stairway or opening intended to provide light" âir, ingress or egress for any building or structure. e) The owner, 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. f) Business signs 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 the property upon which the sign stands Upon notice by the Building Inspector. g) Where a sign is illuminated, the source of light shall not shine upon any part of a residence or into a RESIDENCE DISTRICT or any roadway. h) No sign shall be of such a nature or placed in such a position that it will cause · danger to traffic on a street. j) No signs shall violate the front, side or rear yard requirements. k) No advertising signs or billboards are permitted. 0 i I ¡ ¡ . I ! ! Special and T1J!Orarv SÌI!DII I a) One (1) I identification sign not exceeding thirty"five (35) square feet in area for the following uses: church, school, or similar uses. Such signs shall be . solely for the name and of the use and its activities and may beiDuminated but not Dashing. I b) Temporary signs advertising a new subdivision development limited to the foDowÐig: (1) maximum size shall be thirty-two (32) square feet in suñace area, (2) maximum· height of fifteen· (15) feet above ground level. c) Real es~te. signs, including signs' advertising the sale or rental of premises, are peri1itted provided the area on one.side of any such signs shall not exceed six (6) square feet. d) Temporary signs of contractors, architects, mechanics, special events and artisan~ are permitted, provided that such signs shall be removed promptly upon c~mpletionof the work and further provided that such signs shall not exceed thirty-two (32) square feet in area. Portable simsl I I . a) Definition.·, A portable. sign is one that is movable.fromone location, to anothe~ and is' not permanently affixed ,to the ground, sales display device, or structure. b) Permit ~equired. . A business seeking to use or display a portable sign shalt ~ obtain ~ permit from 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. c) Length 'ofUse. The duration of time a·portable sign 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 which accounts for all letters, Ì1umbers and, attachments; excluding material required to support the sï.gn;. I Business or cJmmercial Sins I a) That the area on one side of all such signs erected on one street frontage of I,' . any'on~ premises, shaUnot exceed f"Ifty (50) square feet. b) Such sign except a directional sign, is erected only on the premises on which the use,' to which the sign relates, is conducted. . c) Notwithstanding the above, where. two or more sep.rate and, individual commercial operations are conducting business in separate areas of a single building or structure, in which each operation owns or leases separate and · individ*al premises, but share in the use and maintenance of cömmon areas . within or around the structure, then. and in those circumstances, each individual business operation may be permitted to display an individual businesS sign as provided in subdivisions a) and b), except that said sign must [ 1 . be directly attached .to that particular premises actually occupied by the business operation to which the sign relates. In addition to these individual busmess signs, the combination of business operations occupying the structure, may maintain a 50 square foot sign detached from the stmcture identifying the structure, the individual business operations located therein, or other reference to the combination of business operations located within the stl11cture. Subd. 10: Develooment Plan Reouirements. No building permit shall be issued until the Planning Commission approves the Development Plan to detenninethat the use and development is compatible with and complementary to adjacent land uses, and consistent with the stated intent of this zone. The developer shall provide the following items to the Planning Commission for any development located in the LI - Light Industrial District: a) Bnlldinglocation on the,lot, drawn to scale. b) Building elevations; front, rear and side. c) Building exterior materials and color. d) Locations of ingress and egress points. e) Dumpster and solid waste pick-up areas and proposed screening materiaL t) Sign location and dimensions. g) Lighting standard and hooddetait. . h) Parking and loading areas identified. i) Drainage by the use of alTows 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 tire lane locations. m) Utility locations. n) Any other fencing, screening, or building accessories to be located in the development area. Subd..ll. Additional Reauirements. Uses may be subject to additional requirements contained in this Ordinance including, but not limited to the sections governing parking, home occupation, floodplain, etc. . 8 , . , , Se tion 52.22. - B-2 mOHW A Y 75 BUSINESS DISTRICT. I Subd. 1: Intent Jhe Highway 75 Business District is intended to control the use and de (opn1art of land an~ únproVentenŒ bycr¢ating a mixed land use ~ct near and adjace1ttw the County State Aid Highway 75 comdor in the City of St. Joseph. This shall be done by all wing for a mixture of land uses and by establishing stringent standards for development. This see ion shall be administered in a manner which will encourage and promote high..:value Ci 's highway location. Itis also the purpose of the Highway 75 Business District that a pIe ant, attractive, and I aesthetically pleasing environment be ,developed. I 'I Subd. 2: Permitted Uses. The following uses are pennitted: a) Business Services: i. Banks 11. Office space iii. ~osta1 stations (may wish to consider guiding future post offices to ~owntown area). b) Food Servi¢es . i. Grocery stores ii. Supermarkets lll. ' Restaurants, except drive-thru restaurants iv. Delicatessen - v. Jjakeries whose product is sold at retail on premises c) Personal Services I 1. I Drug 'stores 1 1. i Hardware stores ii. · Book stores ill. Discount ('Big Box') retail stores IV. Retail apparel stores v. . Flower shops vi. i Beauty shops and salons vii. ¡ Photography shops and stumos viii. , Funeral homes , d) Memcal Setvices: 1. Medical clinics 11. Dental clinics iii. Veterinaty clinics iv. Other institutions providing health care. e) Farmers Matket for the sale of produce only. Notification and the submittal of a plan to the PI~ Commission is required. . f) Movie and Peñonning Arts Theaters . g) Other use determined by the Planning Commission to be of the same character as contained in this Subdivision. q . Alternative Subd. 2: Permitted Uses. Permitted uses are those that meet the following criteria: a) The use is sustained by vehicular trtdJ"IC rather than pedestrian traffic. b) The use attracts a regional, as well as local, customer base. c) The. use is convenient to motorists without creating an fitlverse impact on adjoining districts. d) The use is of a "one...stop" varlet)? or is otherwise incompatible with the ,Central Business District due to size,. traffIC generation, or need for large display areas. e) The sitelbui/dlng design: i. Provides convenient access to the highway without interfering with the jlow of traffic. ii. Provides for adequate parking space associated with higher density use. ili. Is designed to minimize the impact of traffIC, lighting features, and noise on adjoining districts. iv. (Square/ootage requirements or other physical characteristics?) Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an Accessory Use in the Highway 75 Business District and subject to all the requirements in this Section: . a) Commercial or business building for a use accessory to the principal use, not to exceed _ percent of the principal structure. b) Business idenufieation sigas as reg1:1lated in SeetÌæ 52.14 Signs which meet the criteria of Subdivision 9 of this section. c) Temporary buildings for construction purposes for a period not to exceed construction. d) Off-street loading and parking areas, subject to applicable secti~n(s} of this Ordinance. e) Fences, landscaping. Subd. 4: Uses Under Special Use Permit. The following uses shall require a Special Use Permit based on the procedures set forth in Section 52.9 of this Ordinance: a) Auto malls and/or automobile service and gas stations, provided that: i. Motor fuel facilities are installed in accordance with state and city standards. ii. Adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations minimize conflict with circulation, access and other activities on the site. . ili. ,Wherever fuel pumps are to be installed, pump islands shall be installed. tD . I I w. Aptotective canopy located over the pump island(s) may bean accessory strufture on the property; however, adequate visibility both on and off site ~han be maintained. v. An iþtemalsite pedestrian circulation system shan be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving,vehicles. b) ~al ~,office warehousing. c) Lawn and gli1tden temporary sales area. d) Lumber yards and home improvement rew! centers. e) New or used auto dealerships. f) Stone buildfug material sales and service. g) Recreationai,vehic1e sales and services. h) Transportat~on terminals, public utility and 1ransfer stations, without storage yards. i) EqUipment~ervices: Radio and televisíonshops App~iance repair shops App~iance show rooms j) Recreation~ Services: The4ters . Bow~ing establishments Clubs and lodges k) Hotels I 1) Motels , m)-Drive-in and conveJ;lience food establishments, provided that an internal site , pedestrian ~irculation system shall be defmed and appropriate provisions made to protect s~ch areas from encroachments by parked cars or moving vehicles. n) Commerci~1 car washes (drive through, self-senrice and mechanical}provided that stacki~g space is constructed, subject to approval by the ,City Engineer, to accommod~te that number of vehicles which can ·be washed during a maximum thirty (30) minute . period. , 0) Convenience Store with. gasoline, provided that: i. The sale of food items is in compliance with state ,and. county I standards and subject to the approval of a Health Inspector ,who shaD ~rovide ,specific written sanitary requirements .for each proposed sale løcation. ¡¡. The approximate area and location devoted to non-automotive fuerchandise sales. shall be specified ÏD.generaltermsin the ~pplication. ili. Motor fuel facilities are installed in accordance with state standards. Adequate space shaD be provided to access gas pumps and allow I 'µaneuverability around the pumps. Underground fuel storage tanks .re to be positioned to alJowadequate access by motor fuel transports . ~nd unloading operations minimize conflict with circulation, access and other activities on the site. I ¡ I U · iv. Wherever fuel pumps are to.,be installed, pump islands shaU·be installed. v. A protective canopy located over the pump island(s) may be an accessory structure on the property however adequate visibDity both on and off site shall be maintained. vi. An internal site pedestrian circulation system shall be dermed and appropriate provisions made to protect such areas from encroachments by parked. cars or moving vehieles. p) Uses determined to be of a similar nature as those pennitted under Subd. 1, upon a finding that the uses will not be, detrimental to the health" safety and welfare of the City ~ and that the use is consistent with the stated intent of the zone as contained in Subd. 1. Alternative Subd. 4. Uses Under Soecial Use Permit. Uses which do not ~ the performance criteria under Subd. 2 above may be allowed pursuant to a Special Use Permit. The Planning Commission shall consider whether adequate conditions can be imposed that will: a) Ensure that the use is convenient to motorists without creating an adverse impact on adjoining districts. b) Ensure that the proposed use is compatible with other uses in the B-2 District. · c) The site/building design: i. Provid~s convenient access to the highway without inte1fering with the flow of traffic. ii. Provides foradequateparking space associated with higher density use. iii. Is de$igned to minimize the impact of traffIC, lighting features, and n.oise on adjoining districts. iv. (Square footage requirements or other physico/characteristics?) Subd. 5: Conditions Auplicable to All Special Use Permits. The following cqnditions are applicable to all uses under a special use permit: a) When abutting a residential use in at residential use district, the property is adequately ' screened and landscaped. b) Parking areas shall be screened from the view of abutting residential districts. c) Vehicular access points shall be limited, shall create minimal conDid with through traffic movements, shall comply with aD appropriate Chapters of thi$ Ordinance as may be amended and shall be subject to the approval of the City Engineer. d) Provisions are made to control and reduce noise. e) The entire site other than that taken up by a bullding, structure or plantings · shaD be surfaced so as to control dust subject to the approval of the City Engineer. 12- . I I I 1) , The entil"e area shall have a drainage system subject to.,the approval of the City Engineer. g) The arc~iteetural'appearance and functional plan of the building and site sbaD :j be so dissimilar to the existing buüdingsorareaso as to cause impai .ent in property values or constitute a blighting influence within a reasonable distance of the· lot. ' . h) Alloutdoor storage shall be completely screened from. view.. Subd. ~ 6:. Setback Requirements. . I I a) Lot Siz.e~ ~~nimum lot size is lO,OOOsq11ft1'e feet y.vith a minimam. ·.vidth of 100 feet. b) Property adjircent to County State Aid Highway 75 shall have a ten (to) foot landscaped ::;etback fromthe highwayright-of~way line. Any structure shall have a twenty (20) foot setback from the highway right-of-way. c) Front yard s¢tback shall be twenty (20) feet from thelot line. d) Side vardsetback shall ooten (10) feet from the lotline. If the property's side yard is adjacentto ~ounty State Aid Highway 75, the setback shall conform to Subd. 5 (a) of this SectlonJ . e) Rear yard setback shall be ten (10) feet from the lot line, 35 feet if abutting a residential district. I 1 Subd. ~ 7: Height Requirements. Any portion of a structure shall not exceed ~ 3stories or 40 feet in height. I I I I Subd.7. Siteqoverage. No roofed structure or combination of roofed structures sh II occupy more tha~ 60 percent of the lot area. A combination of structures and no porous surfaces miay not cover in excess of 90penent of the lot area. I Subd. ::¡. 8: Other Requirements. , I I I a) Parking Lots: All parking lots shall conform to the standards. set forth in Section 52.14 S\lbd. 4andSubd.. 5. A1110ts shall include parking controls and other landscaping techniques to improve their aesthetic quality and to direct the flow of traffic·.1 / b) Loading Docks: All loading docks shall conformto the standards set forth in Section 52.l4Subd. 6. No loading docks or overhead doors shall directly face County State Aid Highway 75. c) Building Exteriors: Acceptable building materials shall include brick, stone, tip- up concfCte panel,. decorative concrete block or glass. Wood siding, plastic and other comb\lstible materials not listed as acceptable shall not be usedJor 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 and/or glass. A:Ðy buildiB&5 undergoing nmo¥Rtion, tepaÚ' or an addition, 50 ae to requif'e the I [3 I I I I . issuanee of a building permit, shall be brøaght into eonfø~e '.vith. this subseøtion '¥ the time tà.e repairs, renovati0Bs or addition afe completed. d) Screening: All heating, ventilation and air conditioning equipment, and refuse storage areas shall be screened and in a suitable location as detennined by the Planning Commission~ e) Lighting: All lighting shall be hooded and no light may directly strike County State Aid Highway 75 or areas outside of the development. f) Stops and Curbs: Concrete curb to B-612 specifications shall be used for all automobile stops and for all drive and parking areas. g) Landscaping: In addition to requirements relating to parking lots, the Development Plan shall show a unified landscaping scheme for the development. h) Signs: All proposed business signs shall be an elementof the Development Plan. All signs shall conform to the Seøtiøn 52.11 Subd. '1 thr-eugh Subd. 13 Subd.9 of this Ordinance. Subd. 8: Development Plan Requirements. No building permit shall be issued until the Planning Commission approves the Development Plan to determine that the use and development is compatible with and complementary to adjacent land 'uses, and consistent with the stated intent of this zone. The developer shall provide the following· items to the Planning Commission for any development located in the Highway 75 Business District: . Building location on the lot,· drawn to scale. a) b) Building elevations; :tront, rear and side c) Building exterior maferials and color. d) Locations of ingress and egress points. e) Dumpster and solid waste pick-up areas and proposed screening material. f) Sign location and dimensions. g) Lighting standard and hood detail. h) Parking and loading areas identified. i) Drainage by the use of arrows and/or contours. j) Screening of heating, ventilation and air-conditioning equipment. k) Landscaping material including the location, type ofplant.and'.size~ 1) Fire hydrant and fIre lane locations. m) Utility locations. n) Any other fencing, screening, or building accessories to be located in the developm.ent area. Subd. 9. Si~s. General Provisions. The following regulations shall apply to all sign$in the B-2 District: a) Signs shall not be permitted within the public right-of-way or. easements, . except as erected by an official unit of government or public utilities for the direction of traffic or necessary public information. It-f . b) Flashin~ or rotating signs resembling em.ergency vehicles shall not ,be permitt~d. c) No sign Fhallbe placed that resembles any official marker erected bya governn;tental agency or shall display such words as "stop" or "danger". d) ~osign ~han be permitted to obstruct any window, door, Cwe escape, stairwa~ or opening inten.ded to, provide Hgbt, air, ingress or egress for any building or structure. e) The owner,lessee or manager of any ground sign and the owner of the land on which the same is located shall keep grass or weeds and other growth cut and debris and rubbisb cleaned up and removed from the lot on which a sign is locateit. f) Busines~ signs and name plate signs which may be or maybereafter become rotted, tinsafe or unsightly shan be repaired or removed by the owner or lessee o~the property upon which the sign'$tands upon notice by the BuDding Inspect~r. g) Where a, sign is illuminated, the source of light shall not shine upon any part of a residence or into a RESIDENCE DISTRICT or any roadway. h) No sign ~hall be of such a nature or placed in such a position .that it wßl cause danger to traffie on a street. . i) No sign~ shall violate the front, side or rear yard requirements. j) No advertisîngsigns or billboards are pernlitted. Special and TemDorarv SilIDs - a) QDe (1) ~dentiñcation sign Dot exceeding tbirty-f"Ive (35) square feet in area for the ~ollowing uses:cl1urch, school, or similar uses. Such signs shall be solely f~r the name and of the uSe and its activities an.d may be illuminated but not Aashing. b) Tempo~ry signs advertising á new $ubdivision development limited to the following: (1) maximum size shaUbethirty..two (32) square feet in suñace area, (2) maximum height of rútcen (15) feet above ground level. c) Real estate signs, including signs advertising the sale or rental of premises, are permitted provided the area on one side orany such signs shall not exceed ~ix (6) square feet. d) Tempo~ary signs of contractors, architects, mechanics, special events and artisan$ are permitted, provided that such signs shall be removed promptly upon completion of the work and further provided that such signs shan not exceed thirty-two (32) square feet in area. Portable sUms. a) Defmiti~n. 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 structut;'c. i5 · b) Permit Required. A business seeking to use or. display a portable sign shall obtain a permit from the City for the period of display. Permits will specify the length oftÎme the sign will be displayed, location of the sign, and business applying to use the sign. c) Length of Use. The duration of time a portable sign can be loeated on a property is limited to a maximum of sixty (60) days in anyone calendar year. d) Size. A portable sign shaD Dot exceed 50 square feet which accounts for aU letters, numbers and attachments; excluding material required to support the sign. Business or Commercial Sims a) That the area on one side of aU such signs erected on one street frontage of anyone premises, shall not exceed fifty (50) square feet. b) Such sign except a directional sign, is erected only on the premises on which thense, to which,thè sign relates, is conducted. c) Notwithstanding the åbove, where two or more separate and individual commercial operations are conducting business in separate . areas of a single building or structure, in which each operation owns or leases separate and individual premises, but share in the use and maintenance of common areas · within or around the structure, then and in those circumstances, each individ~al business operation may be permitted to display an individual business sign as provided in subdivisions a) and b), except that said sign must be directly attached to that particular premises actually occupied by the business operation to which the sign relates. In addition to these individual business 'signs, the combination of business operations occupying the stl11cture, may maintain a50 'square foot signtdetached from the structure identifying the structure, the individual business operations located therein, . or other reference to the combination of business operations loeated within the structure. · IE I · I I i Se tion 52.23 .. B-3 GENERAL BUSINESS DISTRICT. , Subd. 1. Intent.. The General· Business , District provides space for concentrated ge eral business and~ommercial aetiviµes at locations where they are easily accessible to ~idential areas and, ~t the same time,'minimizing negativeimpa¡cts· to residential ne¡hborhOOdS. I ' , I Subd. 2. Permitted Uses. The following uses shall be pergútted within the General Buiness Dbtriet; (~..mOI1: >WhYDO~ incorporate ...~ peÌ"Dùttedin »-2 byreferenœ, rat er than repeating them' here?) I a) Applian:ce stores. b) Appare. shops. c) Barber and beauty salons. d) Bicycle $ales and repairs. e) Busines'/professionaloffices. f) Financb~linstitutions, including insurance companies. g) Florist. i h) Fruit, v~getable and meat stores. i) Government buildings. · j) GrocerY anddmg stores. k) Hardware stores. I) Interior! design services, . including t100r ånd wall covering stores. m) Retail Blalls. -- n) Medical; optical and dental clinics. 0) Office p~rks. p) Parks and Open Spaces. ' ! . .. ... .. ... . q) Photograph sales and rep8lr. r) Record .nd video stores. s) Restaurants,cotTee shops, excluding drive-in service. t) Sporting goods stores~ u) Other use determined by the Planning Commission to be.ofthe.same character as contained. in this Subdivision. I Alternative Sub(l. 2: Permitted Uses. Permitted uses are those that meet the following performance criteria: ! a) Commercial, administrative, wholesaüng and related, uses which can be conducted in (1.n acceptable manner. b) .,Uses which åttract a regÙJnal,.·as well as,local, customer base. c) Uses dependent upon and convenient to. motorists without creating an adverse impact on aWoining districts. · d) Uses of a "one-stop" variety or otherwise incompatibk with the Central Business District due Ito size, traffzc generation, or needfor ùzrge display areas. e) Sitelbuüding designed for maximum use of property while utilizing green space or i \ '1 I I I · other methodstoprovideq; buffer;¡jetween non-industrial adjoining uses to minimize impact of industrial activity. Subd.3. Special Uses. The following uses shall require a Special Use Permit based on the procedures set forth in Sedion 52.9 of this Ordinance. a) Light Industrial and office warehousing/production provided retail and/or showroom square footage exceeds 30 percent of the industrial warehousing/production square footage. b) Lumber yards and home improvement retail centers, þrovided outdoor storage standards are achieved. c) New or used auto dealerships. d) Trànsportation terminals, public utility and transfer stations, without storage yards. e) Equipment Services: i. Radio and television shops ii. Appliance, repair slÌops iü. Appliance show rooms t) Recreational Senices: i. Theaters · ü. Bowling establishments ill. Clubs, and lodges g) Hotels/Motels h) Drive-in and convenience food establishments, provided that an, in-terna) site pedestrian circulation system shall be deemed and appropriate,provisions made to protect such areas from encroachments by parked ears or moving vehicles. i) Commerc:ial car washes (drive through, self-service and mechanical) provided that stacking space is constructed, subject to approval by the City Engineer, to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period. j) Convenience Store with. gasoline, provided that: . the sale of food items is in compliance with state and county standards L and subject to the approval of a Health Inspector who shall provide specific written sanitary requirements for each proposed sale location. ¡¡. The approximate area and location devoted tonon-autofuotive merchandise sales shall be specified in general terms in the application. ill. Motor fuel facilities are installed in accordance with state standards. iv. Adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports · and unloading operations minimize conflict with circulation, access and other activities on the site. Ig I I I I . I I I I i v. Wherever fuel pumps are to be installed, pump. islands shall be bistalled. vi. 4 protective canopy located over the pump island(s} may be an ~ccessory structure, on . the property however adequate visibility both 0...' and off site shaD be. maintained. vii. An. internal site pedestrian. circulation system shall' be deemed and appropriate provisions made to protect such areas from encroachments by parked cars or moVingvehJcles. f) Uses dete~ined to be of a similar nature as those permitted under Subd. 1, upon a f"mdfng that the uses will not. be detrimental to the health, safety and welfare of the City, and that the use is consistent with the stated· intent of the zone as conimned in Subd. 1. I Alternative Subd. 3. Uses Under Special' Use Permit. ,Uses which do not meet the J1eÊ""""ce criteria ",!WSIlbd. 2 abo~may be aIltnfed ~ursuant to '1 Special Use permit Us ~ such os " I , ,. will not be aUowed by special use permit. In determining whether a specIal U$e permit shall be granted., the Planning Commission shaU consider wh ther adequate con~itionscan be imposed that wia: a) Ensure that!the use is, convenient to motorists without creating an adverse impact . onadjoinin~districts. d) Ensure that 'the proposed use is compatible with otlteruses in the B-3 District e) Encourage commercial use or combined lightind~trial and commercial uses in a mann.er thatpromotesfulluse oftheproperty. In a combined use situatûÞn, the commercial 'use shall encompass a minimum. of $0% of the square footage. j) The.sitelbui{ding design: i. Provides convenient access to the highway without interfering with the flow oftrafflC. ii. Provides for adequate parking space associated with higher density use. iii. Is designed to minimize the impact of traffic, lightingfeatures, and noise on adjoining districts. ) I iv. (Squarefootage requirements or other physical characteristics?) i I I Subd. 4. Permitted AccessorvUses.The foUowinguses shan bepennitted as an ssory Use in the General Business District. I I a) Comme.-cial or business building fora use accessory to the principal use, not to exceed _percent of the principal structure. h) Busiøe5sideBtifieatieø sigas Hregø.l&tediB Seetiøø 52.14. c) Temporary buildings for construction purposes for, a period not to exceed eonstruction. g) Off-street löadingand parking areas. , e) Signs which meet the criteriainSubdivsion 11 of this Section. I . I ' Subd. 5: Lot Size... Minimum lot size is 10,000 square feet with a minimum width of 10 feet. I I I 19 i , . Subd. 6: Setbacks. a) Pronertv adjacent to Countv State Aid HiJlhwav 75 shaD have a ten (10) foot landscaped setback fro.1I1 the highway right-or-way line. All structures· shall have a twenty (20) foot setback from the highway right-of-way. b) . Front yard setback shall be twenty (20) feet from the lot line. c) Side yard setback shall be ten (10) feet from the lot line. H the property's side yard is adjacent to County State Aid Highway 75, the setback shall conform to Subd. 5 (a) of this Section. d) Rear vard setback shall be ten (10) feet from the lot line, 35 feet if abutting a residential district. Subd. 7: Heiaht Requirements. No portion of any structure shall exceed 3stories or 40 feet in height. Subd. 8: Site Coverae:e. No roofed structure or combination of roofed structures shall occupy more than 60 percent of the lot area. A combination ofstructure$ and nonporous surfaces may Dot cover. in excess of 90 percent of the lot area. Subd. 9: Other Requirements. . a) Parking Lots: All parking l()ts shaD conform to the standards set forth in Section 52.14 Subd. 4 and Subd. 5. AU lots shall include parking contrõls and other landscaping techniques to improve their aesthetic quality and to direct theßow of traffic. b) Loading Docks: All loading docks shall conform to the standards set forth in Section 52.14 Subd.6. No loading docks or overhead doors shall directly face County State 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 and 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 and/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) Screening: All heating, ventilation and air conditioning equipment, and refuse storage areas shall be screened and in a suitable location as determined by the,Planning Commission. e) Lighting: All lighting shall be hooded and no light may directly strike . County State Aid Highway 75 or areas outside of the development. £) Stops and Curbs: Concrete curb to B-612 specifications shall be used for all ZO . automobüe stops and for all drive and parking areas. g) Landse~ping: In addition to requirements relating to parking lots, the Develo~ment Plan shall show a unified landscaping scheme for the h) develo~ment. Signs: ~U proposed business ~igns shall be an element of the Development Plan. AD signs shall conform to Subd. 11 tIie SeeÐ8B 52.14 SubEl. 7 tkr8ugB Suhel,. 13 of this Ordinance. i) All outdoor storage shall be completely screened from view. Subd. 10: DeveloumentPlall. Reauirements. No buDding permit shall be issued until th Planning Commis~ion has reviewed the Development Plan to determine that the use an~ development is cqmpatible with and complementary to adjacent land uses, and co:!ttent with the ."¡ted .ÍJ!tent of this 7A>ne. The developer .haD provide the loDowing ite s to the Planning Commission for any development located in the B-3 General Business D' triet: a) Building location on the lot, drawn to scale, b) Building èlevations; front, rear and side. c) BuUdin. exterior materials and color. d) Locations of,ingress and egress points. . e) Dumps~er and solid waste pick-up areas and proposed screening material. 1) Sign location and dimensions. g) Lighting standard and hood detail. h) Parking and loading areas identified. - i) Drainage by the use of arrows and/or contours. . j) Screen~g of heating, ventilation and air-conditioning equipment. k) Landscaping material including the location, type of plant and size. I I) Fire hydrant and tlre lane locations. m) Utility I~cations. n) Any other fencing, screening, or building acc.essories to be located in the development area. Subd. 11. Sims. General Provisions. The following regulations shall apply to aU signs in the B-2 Di triet: I ! a) Signs stiall not be pennitted within the public right-of-way or easements, except as erected by an official unit of government or public utilities for the direction of traffic or necessary public information. b) Flashing or rotating signs resembling emergency vehicles shall not be pennitted. c) No sign :shaU be placed that resembles any official marker erected by a govern:titental agency or shall display such words as "stop" or "danger". . d) No sign ¡shall be permittedtoobstrudany window, door, fire escape, stairway or opening intended to provide light, air, ingress or egress for any building or structure. Z{ . e) The owner, 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. t) Business signs and name plate signs which may be or may hereafter become rotted, unsafe or unsightly shaD be repaired or removed by the owner or lessee of the property upon which the sign stands upon notice by the Building Inspector. g) Where a sign is illuminated, the source of light shaD not shine upon any part of a residence or into a RESIDENCEDISTRfC'f or any tøadway. h) No sign shall be of such a nature or placed in such a position thafitwill cause danger to traffic on a street. i) No signs shall violate the front, side or rear yard requirements. j) No advertising signs or billboards are permitted. 'S~ecial and TemDorarv Sims a) One (1) identification sign not exceeding thirty·:five (35) square feet inarea for the foUowing uses: church, school, or similar uses. Such signs shall be solely for the name and of the use and its activities and may'be illuminated . but not Dashing. b) Temporary signs advertising a new subdivision developmentlimitetito the foUo\!ÏDg: (1) maximum size shall be thirty-two (32) square feet in surface area, (2) maximum height 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 exceed six (6) square feet. d) Temporary signs of contractors, architects, mechanics, special events and artisans are permitted, provided that such signs shall be removed promptly upon completion of the work and further provided that such signs shall not exceed thirty.two (32) square feet in area. Portable Siens. a) Defmition. A portable sign is one that is movable from one lqcation to another and is not permanently aff"u.ed to the ground, sales display device, or structure. b) Permit Required. A bUsiness seeking to use or display a portable sign shaD obtain a permit from the City for the period of display. Permits will specify the length of time the sign will be displayeti"location"of the sign, . and business applying to use the sign.. c) Length of Use. The duration of time a portable sign can be located ona . property is limited to a maXimum of sixty (60) days in anyone calendar year. 2Z--- i I I . ! I d) Size. Å portable sign shaUnot exceed 50 square feet which accounts for all letters, I.numbers and attachments; excluding material required to support the sign. Busine5sor clmmercial Sins a) .1 , . , . That the area on one side of aU such signs erected on one street frontage of anyone premises, shaU"9texceed fifty (50) square feet. b) Such sign except a directional sign, is,erectedonlyoD. the premises on which the use~ to which the sign relates, is conducted. c) Notwitl1standingthe above, where two or more separate and individual comme~ciaJ operations are conducting bUsiness in sepa~teareas of a single buildin~ or structure, in which each. operation owns or,leases separate and individual premises, but share in the use and maintenance of common areas withinør around the structure, then and in those circumstances, each individual business operation may be permitted to display an individual I business sign as provided in subdivision~ a) and b), exceptth~t said sign must be direçtly attached to· that. particular premises. actually occupied by the busines~ operation to which the sign relates. In additioø to these individual .. busines~ signs, the combination of business operations oecupyµtg the structute, may maintain a 50 square foot sign detached from the structure identifying .the structure, the individual. business operatioJlS located therein, or other reference to the combination of business operations located within the strUcture. - - , ' i , . 2-3 . Section 52.23 - LI-LIGHT INDUSTRIAL DISTRICT. Subd. 1: Intent. The Light Industrial District provides space for indùstrial activities involving a minimum,d~gree of refuse byproducts and air or noise pollutio~ and requiring a relatively low level of on-premise processing. These activities may inClude seçondary commercial functions which are conducted on site. Subd. 2: Pennitted Uses. The following use shall be permitted within the LI-Light Industrial District: a) Assembly phmts and manufaCturing enterprises of a wide variety of products that do not cause noxious odors or noise, including excessive users of water and sewer. Exåmples of such uses include: fabrication or assembly of smaU products such as opticals, electronics, pharmaceuticals, medical supplies and small equipment. b) Publishing establishments. c) Clothing òr apparel manufacturing or assembly. d) Business incubator facilities. e) Bottling establishmeñts~ f) Dry cleaning and dryiôg establishments. . g) Manufacturing/assembly of crates, boxes, baskets, furniture, veneer, cabinets and simnar word items. h) Building materials sales and storage/lumberyards. i) Manufactunng of plastic, fiberglass and metal products.. j) Grain elevators. k) Major automotive repair. 1) Offices! showroom/retail space as a portion of the principal industØa! use provided they do not exceed a combined 25 percent of the total square footage of the principal use. m) :Ele@tf@me appliance assembly and warehousing. n) Industrial research laboratories. 0) Manufacturing of small electrical parts and service. p) Newspaper and printing plants. q) Telecommunication facilities, base stations. r) Telemarketing and mail order establishments. s) Warehousing, of non-explosive material and equipment within the structure. t) Wholesale or distributor storage and distribution of non-hazardous materials. Alternative Subd. 2: Permitted Uses. Permitted uses are those that meet the following peiformance criteria: a) Commercial, wholesaling, light manufacturing and related uses that can be . conducted in ,an acceptable manner without creating excessive noise, . dust, light or other emissions which negatively impad surrounding land use districts. b) Development that is consistent with the aesthetic quality of other urban uses in r¿L-{ . surrounding land use dÌ$t1'Îcts. c) Sitelbuilding designedJor maximum use of property whüe utilizing green space or other 'methods to provide a buffer between non-industrial adjoining uses to I· ... . . ....... .. .-" minimizf'impact of industrial activity. , I I Subd.3: Permitted Accessory Uses. The following uses shall be permitted as an Ac essory Use in the LIght Industrial District and subject to the all the requirements in this Section: a) Restaurant, lunch counters, confectioneries to serve the employees, employed within the District. ' b) Resident;a1 structures ánd related residential uses necessary for security and safety reasons fu. relation to the principal use. I c) Off-street parking and off-street loading. d) All outd~or storage is cODlpletely screened from ,view. e) Office accessory to the principal use. f) Business identification signs as regulated in Section 52.14. g) Temporary buildings for construction purposes for a period not to exceed a period of 12 months. i . Su1j>d. 4: Uses Under Special Use Permit. The following uses shall require a Special Use Pel111it based.on the procedure& set forth in this Ordinance. ' a) - Adult Entertainment as regulated in Section 52.14 Subd. 20 of this Ordinance. 8) Cem!MNial. aemi¡ies èiNetly }l@latffig t8 a pr8èttet J!1Ie81i@08 eft, site. c) Commercial activities' relating to production systems, structural maintenance program~ or the construction industry. d) Service structures, public or private, designed and used to serve the uses in the . \ surrounqing area, such as electric power substation, telephone buildings, deep wells, elbvated tanks and similar structures and uses. e) Commercial/Industrial Planned Unit Development. f) When property within a Light Industrial District abuts County State Aid Highway 75: i. Motels n. qasolineservicestations iii. Restaurant or supper clubs iv. Drive-in establishments v. Open sales or tempörary renta1lots , Alternative Subd.4. Uses Under SDecial Use Permit. Uses which do not meet the pe iformance criteria under Subtl. 2 above may be allowed pursuant to a Special Use Permit usts such as ' . wülnot be allowed by special use permit In determining . wh ther a special use~ermit shall be granted, the Planning Commission shall consider wh ther adequate conditions can be imposed that wül: b) Ensure that1the use does not creote an adverse impact on adjoining districts. '2->" · h) Ensure that the proposed use is compatible with other uses in the LI District. i) Encouragesüght industrial and commercial uses in a manner thatpromotes full use of the property. j) The sitelbuilding design: i. Provides convenient access to the highway without interfering with,theflow of traffre. ii. Provides for adequate parking space associated with higher density use. iii. Is designed to minimize the impact ofttajJ1c, lithtingfeatures, q,nd noise on tuljoining districts. iv. (Square footage requirements or other physical characteristics?) Subd.5: Lot Area Reauirements. a) The let aHa shall be tke area eftko r@@eft!@d let 8B~Hlø8 ~.'lyith tkeEt@811ls C8ä8.1y þ"J.uliteps ames. TIu~ let area 8baR Be i8eRtiie8 BY tfte š€I"Jelel'eraBà the ~ CelMlissieB.8hall 8~e the let IJeg eufiieiMt aNa t@ !iUe";: tM 8el\8ft!uNe1i til8 still 8eBÍelHi v.i. the' NEluit1eæ8J:tts @f1ftis ÛfàiBa.ø.es. Minimum Lot Size: One (1) acre (43,560 square feet). Minimum lot width one hundred (100) feet. Subd. 6: Setback Requirements. · Front Yard Setbacks: a) Front yard setbaëk shall be thirty (30) feet :from the lot line. On comer lots, the setback :from all lot lines abutting a street shall be thirty (30) feet. When an industrial district lot is separated &om a residential zone by a city street, the setback ftom the lot line shall be one hundred (100) feet. b) Front yards abutting any roadway: the setback shall be landscaped as in accordance to the requirements of any applicable protective covenants and such reasonable requirements as established by the Planning Commission, and shall not be used for parking. Side Yard Setbacks: a) Side yard setback shall be at least teB.(1 ~ twenty-five (25) feet Hom the lot line. b) A Light Industrial District side yard adjacent to a residential boundary line shall provide for a landscaped strip of at least sixty(60) feet inwidth along the lot boundary line. A portion of this landscaped strip shall be planted to provide a screen. The governing body may require additional side yard setback in these cases. When such additional width is required, such additional width shall not exceed one hundred (100) feet and paring in this area will be, pennitted. c) Side yard boarding upon any roadway: the setback shall be landscaped in · accordance with any applicable protective covenants and such reasönable requirements as established by the Planning Commission. n . RearYard Setback: I ! a) Rear yard. setback shall be at least twenty (20) feet, which may be used for parking. Subd. 7: Heiiht Requirements. No building constructed in any Light Industrial District 1 be IIlore thanfifty-f¡ve (55) feet in heigbt. Subd.8: Site C9vel"age: No stroçture or combinati()n of structures shall occnpy mo e than 50 percent Of the lot area. I · " Subd.7: Other Requirements. a) Parking lots: All parking lots shall conform to the standards set forth in Section 52.14 Snbd. 4 and Subd. 5. All Jots shall include parking controls and other la~dscaping techniques to improve their aesthetic quality and to direct the.ßowof traffic. b) Loading!Docks: All loading docks shall conform to. the standards set,forth in . Section ~2.14 .subd. 6. No I()ading docks or overhead do()rs shan direçtly face County ~tate Aid Highway 75. , c) Building Exteriors: Acceptable building materials shall include. brick, stone", tip-up cøncrete . panel" decorative concrete block or glass. Wood siding, plastic and other combustible materials not listed as accept~ble sJaall not be used for I building exteriors. Architecturally appr()ved.steal is acceptable provided that at least thirty percent (30%) oftbe buUding(excluding window~and doors) consists of~rick, st~ne;tip-up concrete panel, decorative I, ' concret~ block and/or, glass. Any buildmgs undergoing renovation, repair or an addition, so as to require the issuance of ,a. building permit, shall be broughtlinto conformance with this subseetiqn at the time the repairs, renovations or addition are completed. d) ScreeniJig: All beating,ventilation a.Jldairconditioningequipment, and refuse storage areas sbaUbe screened ªnd in a suitable location a.s determined by the Planning,Commission. e) Lightin~: Au.ligbting shaU be hooded and n() light may directly strike County State Aid High}Vay 75 or areas outside ()f the development. t) Stops a~d Curbs: Concrete curb ·to ß-612 specifications sball be used for all automobile stops and for all drive and parking areas. I g) Outdoor storage: All outdoor storage shall be completely screened from I view. ~ h) Landscåping: In addition to requirements relating to parking lots, the . Development Plan shall show a unified landscaping scheme for the deveJop~ent. i) Signs: A[ll proposed business signs shall be .an ,element of the Development Plan. AIJ signs shall.conformto Subd.ll of this Ordinance. I I ~ ¡ 2-7 ! . Subd. 10: Develonment Plan Requirements. No building permit shall be issued until the Planning Commission approves the Development Ptan to determine that the use and development is compatible with and complementary to adjacent land uses, and consistent with the stated intent of this zone. The developer shaD provide the following items to the Planning Commission for any development located in the LI- Light Industrial District: 8.) Building location on the lot, drawn to scale. b) Building elevations; front, rear and side. c) Building exterior materials and color. d) Locations of ingress and egress points. e) Dumpster and solid waste pick-up areas and proposed screening materiaL t) Sign location and dimensions. g) Lighting standard and hood detail h) Parking and loading areas identified. i) Drainage by the use of arrowsand/or contours. j) Screening of heating, ventilåtion and air-conditioning equipment. k) Landscaping material including the location, type of plant and size. I) Fire hydrant and fire lane loçations. m) Utility locations. n) Any other fencing, screening, or building accessories to be Ioçated in,the . development area. - 8Ubi. g¡ PeH8Pm.8118@ StaD.àaNs. a) }-~M!lHtUmtBf8l' 8. }!M~ t8 àevel8f;18flY æUBtftal JU'8f'efty m tfte C~' efgt. Jes8fJk skáll be l@!t1iÎHà t8 sU8mit a e8mplete øà aee.ate atatem8Itt t8tft@ PlæmiBg C8mmÍssi8fi 88Bee1i1ÏBg tfte 8p8eifi@ Bamre 8f tlieuS€!! t@ -:f:m@B. tke ,~efty is t8 88 pvt. TWs statement 8MR Hud«àe à¡¡ttail€!!à meP.æ8.ti81l Nl8.tYr:e t8 tlM eeBw81 ef 8Bieli:e, 8ã8PB, Reise, "':18:rati8!t8 ef 8tfterim}!aets, 8B 8tateã m geéti8B 5:1: 11 R1!8å. 19, -.,'biøB. $8.Y 88 88Il8ÍØ8f8à hy tlM Pl8liAÙlg CeæmtsSieB aB èetrim0B.tal 18 the lieaIth, s8Íe1:)'t mã geøel&l1!lltdiare. 'The P18l'1Ø:Hig Cemœissi8B. may F8~ æt::¡' aààm.eBBl infufftHltieR, @eæøtÎeBS 81' 8eBtf81 ø@em.eà Meess81'S' feF the pP8teetisll sf.o pu8lie. 8~ Bef8N tft@' i88UM88 ef 8. 8øi1tiiDg }!8ftBit,lnølàmgs @snøtni@t@à in tfte Light IntfäØtftaI DiMet must have 8.1øàB@8}!@ film 8.nre,reã 8yth@ Pl8Bfti:.Bg .ceænds8Î8R. eel) BeieN.@ iSBätm8@ ef 8. 8æ1Øiøgp@ooit, aU 9uilàiftgs eeBetfä@teå, 8F ØIlåBlgeiBg enteft8r leMWøeB 81' NM8àtdiBg Íft the 1.igkt æèuMaI DistPiet œæt banI! tfte @ut@PÎef FmiM àesigB 8fià HHiterials 8.PfJF8T¡eà 8)' tke Pl8f11lÏßg 88æmiSsteR. Subd. 11. ~. General Provisions. The following regulations shall apply to all signs in the Agricultural· Distrld: . Zß . a) Signs shall not be pel1Bittedwithin the pqblic right-of-way or easements, except as erected by 8Jtofti~ial unit of g«.)vernment or public utilities for the direction' of traffic or necessary public information. b) Flashing! or rotating signs ~embling,emergency vehicles shall not be permitted. c) No. sign ~haD. be placed that resemþles any offi~iallDarker erected by a govern~ental agency or shall display such words as "stop" or "danger". d) No sign shaD be permitted toobshJlct any,window, door, fire escape, stairwaytor.opening intended to provide light, air, ingress or egress for any bujJding:or structure. e) The own~r, . lessee or mal1ager~r any,ground s,ign alld tbe owner of the land on'which the same is located shaD keep, grass or weeds and other growth cut and det and rubbish cleaned up and removed from the lot on which a sign is loeat . I t) Advertising signs, business signs and name plate.signs whieh may be or may hereafter become rotted, unsafe or unsightly shaUbe repaired or removed by I the own«rrorlessee of the property upon whiehthe sign stands upon notice by the Building Inspector. g) Where a: sign is illuminated, the source of light shall not shine upon any part . of a residence or into a RESIDENCE D;lSTRICT or any roadway. h) No sign ,hall be of such a nature or placed in such a position that it will cause danger tp traffic on a street. j) No signs] shaD violate the front, side or rear yard requirements. I . - Soecial and Ten.øora." Si2lls a) One (l)identification sign not exeeedingthirty...rlVe(3S) square feet in area for, thê fpllowing uses:. church, school, or similar uses. "Such signs shall be solely for.the name. and of ,the , use and its.activities and may be llIuminated but not .pashing. b) Temporary signs advertising a newsubdivisioll development limited to the following: (1) .maximum size shall be thirty-two (32) square feet in suñace ·area, (2) ma;¡:imum height of fifteen (15) feet above groqnd level. c) Realeståte signs, including signs advertising the sale or rental of premises, are pennittedprovided t~fi' area on oqe side of any such signs shall not ex~eed sþ (6)square feet. d) Temporrry signs of contractors, architects, mechanics, special events and artisans¡are permitted, provided that such signs shall be removed promptly upon completion of the work and further provided that such signs shall not exceed thirty-two (32) square feet in area. Portable SÎfros.' . I I ~q I I , . ~) Definition. A portable sign is one thaHsmovable from one 10cåtion to another and is not permanently aff"a.ed to the ground, sales display device, or structure. b) Permit Required. A business seeking tö use, or display a portable sign shall obtain a permit from the City for the period of display. Pennitswill specify thelengtb of time the sign wiD be displayed, Jocation of the sign, and business applying to use the sign. c) Length òf Use. The duration of time a portable sign can be located on a property is limited to a D1aXÎJll.um of sixty, (60), days in anyone calendar year. d) Size. A portable sign shall not exceed 50 square feet which aecounts for all letters, numbers and attachments; excluding material required to support the sign. Advertisine: Sie:ns and Billboards For purposes of this section, an advertising sign or billboard shall be a sign which directs attention to a business, profession, commodity, service or entertainment which' is sold or offered on a premises other than that on which the sign is located. a) Advertising signs or billboards shall not be permitted within a public right-of-way or easement. . b) Illumination of advertising signs or billboards is permitted if the illumination is directed toward the surface of the sign and Jimited to the sign surface. Illuminated signs may not give off an intermittent, rotating, cC!ncen~ated or directional beam, or flashing light of any ldnd. c) An advertising sign and billboard shall not be constructed or maintained whieh resembles apy official marker erected by a governmental agency, or displays words such as "stop," "yield," or "danger. d) An advertising sign and billboard shall not be constructed or maintained in a manner so 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) Advertising signs and billboards which become rotted, unsafe or unsightly shall be repaired or removed by the licensee, owner or owners of the property on which the sign stands upon notice from the City Building Inspector. The owner, licensee or owner of the land onwhich the sign is located shaUkeep grass, weeds and other growth cut, and shall cleanup and remove aU debris or rubbish from the lot 011 whièh the sign is located. If the owner, licensee or owner of the property fails to act in accordance with this paragraph, the City may remove the sign in question upon the direction 01 the City Council, and all costs incurred for removal may be charged to the owner of the sign and if unpaid, certified to the County Auditor as a lien against the property on which the sign was located. t) Advertising signs and billboards shall be constructed or maintained which . obstructs traffic visibility. g) Advertising signs and billboards shall not be located on the roof of a building or painted directly on the side of the building, unless it is clearly ~D · I demonstrated to the Planning Commission that the location of the sign does I not.threatenthe. structural integrity of the buDding in qnestion,cause a safety hø.zardto any persons or property in the vicinity of the buDding in questiort, and, is aesthetically consistent with an non-offensive to the proper«es in the immediate area of thebulldingin question. h) AD' bill~oards or advertising signs shall maintain a minimum setback of at least 20 ~eet from any point on the sign from aU property lines of the propertY on which the sign is constructed or maintained. i) Advertising signs or billboards shaH not be constructed, maintained or I 10catedl;lOY closer than 1,000 feet from any other advertising sign or billboard. An advertising signor billboard structure which is constructed to I as to allow the display of advertising on both the front· and back side of the structu~e shaD constitute a single sign forpnrposes ofthe.lOOO feet lùnitati~n. No advertising signor billboard shall project higher than 36 feet above t"e average grade of the property 'on whi.ch the sign is located. An advertising sign or billboard structure sbaD not contain more than two individual signs per facing. No individual sign shall exceed 25 feet in total length, 12 feet in height, and 300 square feet in sign surface area. No advertising sign may be erected within 200 feet of an adjoining residential · district.! Where the advertising sign location is aeross the street or roadway from a tesidential district,· compliance with the set-back requirements of the zone in tblc:h the sIgD is situatçd shaD be eonsideredadequate. Business or Commercial Si2DS - I I a) That the area on one side of aHsuch signs erected on one street frontage of any onel premises, shall not exceed Cd'ty (SO) square feet. b) Such sign except a directional. sign, is erected only on the premises on which the use, (to which the sign relates, is conducted. c) Notwitl)standing the aoove,wheretwooi' more separate and individual comme~cial operations are. conducting business in separate areas of a single.. buDding or structure, in which each operation owns or leases separate and individ1ialpremises, but share in the use and maintenance of common areas within or around the structure, then and in th.ose circumstances, each individual business operation may be permitted to display an individual busines$ sign as provided in subdivisions aland b), except that said sign must , I be dire~lyattached to that particular premises actuany occupied by the business operation to which the signrela,tes. In addition to these individual busines$ signs, the combination· of business operations occupying the structure, may maintain a SO square foot sign detached from the structure îdentifying the structure, the individual business operations located therein, or other reference to the combination of business operations ,located within · the structure. For purposes of this subdivision, a combination of.two or more b"siness operations within a single structure includes, but is not limited 3>1 . to, shopping centers, shopping malls, and subdivided retail, office orin.. dustriat buildings offered for lease or condominium ownership. . . 32-- .. . ¡ ORDINANCE 52..,.. RECOMMENDATIONS I I MUNICIPAL DEVELOPMENT GROUP ! Section 52-4. Subdivision 30'- Home Occupations. Recommendations: · City may wis~ to further define home occupations so they do not disrupt tn,e integrity of . residential nèìghborhoods (e.g. require off-street parking, aflowonly a specified number of employees, dO not allow over the counter sales of goods/merchandise created off the premises,. specifically prohibit auto repair services, require the home occupation be clearly incid~ntal and secondàry to theresidential use of the premises, prohibit outdoor storage ofequipment or materials used in the Dome occupation, limit the hours of operation or prohibit displayorevidemce apparent from the exterior of the lot thatthe premises is located on thatthe lot is used, for any purpose other than that of a dwelling with the exception of one small sign). Section 52-4 1 Subdivision 64- DMinition·of Structures. Recommendation: · Since the City is looking at establishing surface area (Iot)icoverage requirements, you may wish to discuss further the definition of structures. Are structures only items with . roofs, are decks structures, are impervious surfaces such as parking lots, basketball courts, sidewalks, etc. structures? ' Section 52-8 . Various Subdivision - Variances: Recommendations: · The City should not issue variances for uses of I and. Land use changes require a use permit. · Subd. 1: The City maywish to expand criteria/findings of fact for granting/denying variances,' specifically that the variance fequested is the minimum variance 'which would alleviate the ¡hardship and thatthe variance would not be materially detrimental to the purposes of ¡the zoning ordinance or property within the same zoning classification. Section 52-9 Subdivision 2, 3 & 6 - Special Use Permits. Recommendations: · Subd. 2: The City may wish to require the applicant provide proof of ownership of the parcel in question and a time schedule for completion of the projectwhen applying for a' special use permit. · Subd. 3: W~en reviewing criteria/findings of fact for the granting or denying of special use permits,' the City may also wish to consider: 0 Whether Of not the use will be injurious to the use and enjoyment of other . property in the immediate vicinity for purposes already permitted or whether property values for uses predominant in the area will substantially diminish or be impaJred. , f 0 Whether or not the special use will impede the normal and orderly development _I and improvement of surrounding vacant property for uses predominant in the area. L 0 Whether or not the use is reasonably related to the overall needs of the City and to the existing land use. 0 Whether or not the use is consistent with the purposes of the zoning code and I the purposes of the zoning district in which the applicant intends to locate the proposed use. · Subd. 6: When imposing restrictions/conditions in special u$epermits the City may wish to consider: I 0 Requiring the applicant to increase the required lot size oryard dimensions. 0 Limiting the height, size or location of proposed buildings. 0 Limit natural vegetation to be removed or requiring additional yegetation be I planted. 0 Requiring sites designated for open space; 0 R€quiring increase street width, parking, etc. Section 52-10 I Subdivision 2 & 4 - Zoning Amendments or Rezonings. [ Recommendations:, · Subd. 2: If a property owner initiates a rezoning request the City may wish to require the owner provides a boundary survey and preliminary building and site development plans ! prior to consideration of the request. · Subd.4: If the City Council approves a rezoning request the City should require the -I applicant record the amendment at the County. The City should,also amend·its Official Zoning Map for the request to be actualized. Section 52-12 I Subdivision 14.;... Non-Conformance. Recommendations: ¡ · The City currently identifies non~conforrping lots of record and allows residential uses on . , the lots even if all zoning class requirements can't be achieved. The City may wish to disallow this in the case of unified ownership of the lot in question and lots of ~ontinuous ¡ frontage with the affeçted parcel. This means if you own three non-conforming lots with continuous frontage you could not build three non-conforming houses, rather you would need to combine the lots to negate the non-conformance and then build one'or two I houses. Section 52-13 I Subdivision 1 - Planned Unit Residential Developments. Recommendation: · The City may wish to expand this section to encompass planned commercial and mixed ¡ use developments as opposed to those strictly residential in nature, especially as the City further develops and attempts to protect/maintain natural amenities. ¡ Section 52-14. . Subdivision 3 - Parking. I \ . Recommendations: · The City maý wish .to impose more specific design/maintenance standards. For example'd , 0 ReqUire striping forparking lots with more than five stalls. o Estaþlish a.maximum grade forthe parking.lot (e.g. six percent) and keep options open by possibly requiring catch basins, underground storm sewer, retainage area~ etc. 0 Require parking lots to be designed so internal circulation is available without using a public street. · The City may wish to impose more specific parking stall, aisle' and driveway design requirement~. For example, 0 Exc~pt in the case of single and twp-family uses, require a specified drive aisle and? specified drive aisle width (i.e. depending on the angle of the parking stalls, between 12 and 24 feet). " . J 0 Limit single family curb cuts to one per lot and require they be located at least five feet from any lot line. . May also want to limit the location of curb cuts in relation to the intersection of two streets (e.g. 40' in resid. areas, 60' in commercial and industrial areas). . 0 Revi~w parking stall width/length reqUirements to ensure they are consistent and accommodé;1te stall angles (probably from zero to 90 degrees from -the curb). 0 Reviþw stall calculation requirements for manufacturing, fabricating or processing of a product or material, warehouse or storage facility. '. Possible change gross area; per stall from 500 to ,1000 feet. · The City currently exclUdes the downtown area from parking requirements, SurveYs and community input indicate that parking is a major issue for downtown business . 'establishments; To promote availability of parking in the downtown, the City may wish to require residential uses in the downtown supply off-street parking for residents which complies with parking stall requirements. · Some cities rave indicated a problem with the storage of older vehicles or commercial vehicles in residential districts. Standards regarding such storage could be added. · Jointfacilities: The City currently allows joint facilities. ,May wish to ensure, there are not substantial.confliGÌsin the operating hours of the two buildings or uses for which joint use bf off-street parking is proposed and ensure the two facilities are located within a specified disìancefrom each other (e.g. 300'). · . Loading facilities: The City currently regulates loading facilities but does not specify the size of the fqcilities. May wish to specify the size (e.g. 50' long by 10'wide). Section52,.14! Subdivision 8 - Sewer and Water Requirements. Recommendations: · The City may wish to further define/explore when persons with individual sewage '. treatment systems and drinking water wells must connect to pÜblié utilities once they become ava'ilable:For example, should they connect when the utilities' become available, within two years of the utility extension or when their private systems are no longer íncor;npliance with MPCA standards ,as reviewed by a licensed inspector. . Section 52-14 Subdivision 14 -Accessory Buildings. r Recommendations: .1 · The City may wish to·limit the number of accessory structures, require exterior building ¡ materials used in the accessory building are the same or similar in quality to those of the principal structure and/or require a principal'structure be located on the lot prior to the construction of an accessory structure, or in the case of new construction in conjunction I with the construction of the principal structure. Section 52-14 I Subdivision 16 - Building and Lot Restrictions. Recommendations: [ · The City may wish to regulate building type an,d construction throughout the City by disallowing galvanized or unfinished steel, galvalum or unfinished aluminum buildings (walls and/or roofs) in any zoning district except in association with farm opèrations. · The City may wish to require b\Jildings in all zoning classes maintain a high standard of I architectural and aesthe~ic compatibility with surrounding properties to ensure that they will not adversely impacfthe property values of the abutting Ipts. [ , r Section 52-14 Subdivision 20- Adult Uses. \ Recommendations: · City may wish to add 'public parks' to the itemized listing of setback requirements (in ·1 addition to churches, schools, residential zoning classes, etc). · City may wish to prohibit sales of non-intoxicating & intoxicating beverages within adult use establishments. · City may wish to prohibit persons under a specified age (i.e. 18) from entering the ¡ establishment. · City may wish to require adult use establishments to prominently display near the entrance a sign indicating the business sells or displays material containing adult themes ¡ and that persons under a specifi~d age shall not enter. Section 52-14 [ Subdivision ~ -General Requirements: Proposed NewSections. Recommendations: ¡ · Dwelling, Units: The City may wish to add a subdivision pertaining to dwelling ùhits wherein dwelling unit restrictions are identified. · o.utdoor Storage: The City may also wish to add a subdivision further regulating outdoor \ storage specifically: 0 Stating whatis and what is not outdoor storage in residential, commercial and I indu9trial zoning classes. 0 Identifying where storage can be located and what amount of storage permissible. 0 Identifying fencing, screening & surfacing requirements for storage areas. .1 0 Requiring submission of a plan illustrating where, how much, what type, etc. of materials are to be stored outdoors during the development stage. r I ,. · The City maY)Nishto add a $ectionregulating the movingof.buildings, if it is not included elsewhere in the code. May wish to require a site plan and moving permit, believe it or not we have had first hand experience with the moving of a building and the positioning of the building b~ckwards on the lot rction 52-20 , ubdivision 7 - Manufactured Home Parks. ecommendations: · The City niay, wish to adopt more specific standards; relative to manufactured home parks. The C,ty may wish to require developers proposing a manufactured home park indicate: i 0 Thel9cation and site of tile manufactured home park. '0 Location, size and character of all manufactured home lots, manufactured MOle stands, storage areas, recreational areas, refuse disposal areßs, roadways, parking spaces and setbacks. ' 0 Detailed landscaping plans,and specifications. 0 Locations and widths of sidewalks. 0 PlaÌ1~ for street lighting. ,0 Location and size.of streets abutting the manufactured home park and all drivewaY$ from such streets to the park. 0 Detailed description of maintenance procedures and grounds supervision. · The. City may Wish to adopt minimum lot sizes and surface area coverage requirements for lots within· a manufactured home park, . · The City maywish to adopt performance type criteria that limits the type of manufactured homes allowed in the park (e.g. towing assembly must be removed,campers vs~ manufactured homes, manufactured homes over ~O years of age, etc.) Section 52- New Section :- Surface Water Management Standard. Recommendation: · The Comprehensive Plan update includes several elements recommendations relative to surface water management. The implementation section of the Compo Plan suggests the City adopt standards within the zoning ordinance which require land disturbing activities (supdivision approval, PURDapproval, commercial/industrial developments which contain propos~:¡ s to excavate, fill, grade or in any other way disturb the soil) submit to, the City a stormwater management plan or receive a waiver of required approval. This standard would ensure: ò Stormwater was retained prior to discharge into public waterways. 0 Developmentwas planned and conducted ina manner that would minimize the extert of land disturbing activities, minimize erosion potential and delay/reduce runoff volumes. 0 Di~turbed areas are stabilized anq protected as SOOn as possible and sediment is retained on site. Section 52- New Section - Land Preservation/WoodlandProtection. . Recommendation: · Several participants in the Comprehensive Planning process have indicated a need'to protect the City's natural features. To those ends, the implementation section of the ¡ Compo Plan' suggests the. City adopt standards within the zoning ordinance that ensure· .1 the natural environment is protected and ~dverse effeçts of developments on the environment are minimized. Standards may include developing around natural limitations l. presented by topography and soif types (via PUD's);·protection of slopes; requiring structures to be ·Iocated in such a manner that an optimum number of trees are preserved; re-planting of trees to replace those removed by development, etc. ¡ Section 52- New Section - Floodplain Overlay District. ¡ Recommendation: . The City Comprehensive Plan indicates the Federal Emergency Management Administration has issued a flood hazard boundary map for the South Fork of the Watab ¡ River. The River is protected as a tributary, therefore, floodplain standards should be adopted and enforced in the designated area. I ¡ ¡ ·1 ¡ \ ¡ I I I \ .1 I \ I I · OMPREHENSIVE PLAN · Meeting Date to be Established . SEPTEMBER ,2002, · PUBLIC UTILITIES: WATER · I. Introduction Alexandria Light and Power provides· municipal water services to. the City of Alexandria. This portion of the Comprehensive Plan will: · Review existing facilities. · Review proposed facilities. · Summarize community input on the sanitary sewer district. · Provide recommendations for future use of the sanitary sewer district. A Comprehensive Water System Study was completed in 1995 and will be updated soon. The water supply study, completed by engineering firms Widseth Smith Nolting and Bolton and Menk, evaluated the existing system and recommende~d improvements to the system. The study included: 1. Evaluation of water use and projected demand. 2. The existing (1995) water supply, treatment, storage and distribution network. 3. Recommended improvements, implementation plans and financing options for proposed improvements. WSN and Bolten and Menk recommend the Water System Study be updated annually to reflect system · updates and re-validation of assumptions/projections~ Excerpts from subsequent updates should be incorporated in this document as warranted. In addition to the Water System Study, AI~xandria Light and Power is in the process of developing a Wellhead Protection Plan to ensure the current and future safety ofthe City's drinking water supply and should include the following elements as required by the Minnesota Department of Health: 1. The delineation of the wellhead protection area and the drinking water supply management area. 2. An assessment of the vulnerability of the drinking water supply management area. 3. A review of expected changes to the physical environment, land use and surface and ground water sources. 4. A plan for the management of the wellhead protection area. 5. A plan to monitor the adequacy of wellhead protection measures and a plan to implement the wellhead protection plan. The Wellhead Protection Plan, when complete, should be noted in this document and should be referenced as needed and/or appropriate. ALP is also completing an aquifer study. Water rates are $1.39 per 1,000 gallons of water used. · I I i I i . I II Summary of Existing Facilities T e, existing water sJpPlyand distribution system was placed into service in the early 1900's. H storically, the' distribution system has met Alexandria's water demands. Improvements have been p rformed as required ¡to maintain the system. Secausethe City's topography is relativèly level, ithe system operates under ~:me pressure zone at 60-70 pounds-per-square inch. ' . Alexandria Light and èower presently obtains its raw water supply from seven (7) wells (numbers 19 ,10,11,12 and 13), 'all of which draw wawr ITom a 91acial drill aquITer at depllis of greawr than 82 feel blow the surface. Th~ wells supply a combined firm capacity of 3,000 gallons per minute (gpm) or 2.74 million gallons of water iper day. Pumping records from 2001 indicate average daily water demand was 1 ,~35,545 gallons, with :a maximum daily demand of 3,253,000 gallons and corresponding peaking fay tor (yearly maximum/yearly! average day) of 2.26. Raw water quality is generally good, although quite hard a~d high in iron and manganese. In 1!J84 volatile organic compounds (VOC's) were detected in raw w terfrom Wells4, 6A,iand 7A(thesewells have since been retired). The source of the VOC's was most Ii lely petroleum (gasolir;¡e) contamination and solvent contamination (possibly related to disposal of dry cl aning or parts cleaning solvents) in the area of downtown Alexandria. There are several known p troleum release sites near downtown and on record with the Minnesota Pollution Control Agency. j A new 3.2 million dOlla~ water treatment was placed into service in July of 1997. The facility has four o erating cells which primarily remove iron and manganese. The treatment facility has been designed to a ,commodate four (4)rf1oretreatment cells giving the treatment facility the capability of servicing the City o I Alexandria and' 'chain: of lakes' area at up to 5.1. million gallons-per-day. '1isting water storage lactlities in the City of Alexandria consist of three elevated storage facilities and o ~ underground storage facility. The elevated facilities are the 3M tower (400,000 gallons), Nokomis . to er (300,000 gallon~) and the Elm, Street tower (150,000 gallons). A 640,000-gallon concrete uTderground storage pfant is located at the treatment system facility. A new 750,000-gallon storage 1i1liY is being, constructed on Iowa Street. The Victoria Heights tower has been abandoned end the Elm S reet tower is, schedulèd for abandonment following the completion of the new storage tank. There is n La re-use plan for thelareas the towers currently occupy. - _ i . , I ' . T~e,existing water distri,bution system in, the City of Alexandria consists of a network of mains ranging in s~e from four to sixteen inches in diameteL The mains are primarily constructed of cast iron and ductile ir in pipe with newer se'ctions consisting primarily, of PVC pipe. Trunk lines consist primarily of ten and twelve, inch mains whic~ run' north-south though, the length of the, City. A twelve inch trunk line is located b;tween Lark Street and Nokomis Street on 1ih Avenue. Twelve inch mains alsoextend to Voyager S, hool and south from the 3M tower to the south end of the City including a crossing of Interstate 94. A 11ve inch main will be placed in 2'" Avenue as a part of a reconstruction project. I A P has implemented five and ten-year Capital mprovement Plans. Elements included in the CIP's are 10 d management, high 'efficiency water heater rebates, fluorescent bulb recycling, water heater blankets, e~ergy audits, custome~ site visits and capacit9r studies. Maintenance and reconstruction expenses such as renewals and replacaments are allotted for In the annual budget. I I 1 I Summary ofiProposed Facilities ,i I I ' A 12-inchwater main will be placed in the.Znd Avenue right-of-way in conjunction with the reconstruction 0 the roadway. Capacity exists within the current system to service anticipated growth within the next 20 y ars provided the water treatment facility is expanded. .. IV. Community Input I I I A community survey was conducted in conjunction with drafting of the Comprehensive Plan. Those · surveyed were asked how they rank the quality of various public utility services. The vast majority (over 90%) rated the water utility at good to excellent. In general utility services were rated good to excellent in terms of affordability and reliability as well. v. Recommendations 1. The City should update the subdivision ordinance to reference ALP design standards for water distribution systems. > 2. The City shall provide maximum communication, cooperation and assistance to ALP to ensure beneficial planning and development of facilities which provide a continued high level of service. > 3. The City shall actively involve ALP in planning for the future development of the City. > 4. The City and ALP shall strive to cooperatively seek the most cost-effective and highest quality means of satisfying community needs relating to water supply. · > - 5. The City should update references to Water Supply and Distribution Plans, Wellhead Protection Plans and aquifer analysis as approved by ALP. > · . PUBL..ICUTIL.lTIES: ' SEWER 1\. Introduction , 1 \ I his portion of the Comprehensive Plan will: ¡ , 1 · Review existing facilities. I . Review proposed facilities. · Summariz+community input on the sanitary sewer system. · Provide. recommendations for future use of the sanitary sewer system .Þ¡ comprehensivesewlr plan was completed in 1993. This study is çonsidered outdated due to the 19nmcant growth over re past ten years, and should be updated. I . Summary of Existing Facilities ~he City of $1. JosepJ entered into a contract with the City of $1. Cloud for wasteWater treatme~t in ,ebruary of 1986. Prior to this time, the City operated its own trickling filter type wastewater treatment f~cility and foUowed, th~ regula~ions· of the Minnesota Pollution Control Ag~ncy (M~CA), discharging, into t f South Fork of the Watab RJver. As the treatment plant reached capaclly. the CIIy researched options a d determined it was: more economical to connect to the St. Cloud area sewer system, Two large u derground storage tanks remain at the original site along Second Avenue, behind the manufactured h me park. ¡ . T1he 8t. Cloud area se~er system features a mechanical plant with a capacity of 13 million gaUonsper dÞ.y and an average dßr;nandof9;51l1i1lion gallons per day. The treatment plan is owned by the City of St. 910ud;however its capacity is sharedcontractuaUy by the cities of St. Cloud,Waìte Park, Sauk Rélpids, SarteU and St.Joseph.! The City ofSt. Joseph has contracted for 2.1 million gallons per day capacity, 4hiCh includes 1,500,°90 gallonsper.day peak flow for interceptor sewers and 600,000 gaUons per day average flow for the treatment plant. The 1993 Comprehensive Water and Sewer Study indicates the C~Uege and Monastéry¡of St. Benedict contribute about 45% of the average daily flow. The City has the a ilityto negotiate for .additional sewer capacity, if needed. As of July 2002, the City of St. Joseph provided service to 1,111 ,accounts, of which 83 were commercial/industrial customers. {e existing sanitary s~wer facilities can be divided Into tWo distinct components: the sewage collection system and the wastewater treatment plant. The mechanical treatment facility, located near Interstate 9.4 and Highway 75 in St. Cloud, removes solids, organic compounds, nutrients and pathogens that have a d grading effect on n*ural water systems. , The wastewater, after treatment, is discharged into the ississippi River. Map 7-1 depicts the current sanitary sewer collection system within the City of St. J seph. i P anningfor lateral sewer (i.e. collection system) is the responsibility of each unit of government. The sînitary sewer collectior system within the City of St. Joseph was placed into service at various times. T~e collection system extends to a majority of the homes in the City and in the past has met demand. Tlr1ere area number of businesses, however; that are not currently connected to the municipal sewer sftem and operate on I their own individual sewage treatment systems (ISTS). These sites are depicted o Map 7-2. These include Bee Line Marine, GM Drilling, Heartand Door Company, VieW est Steel, St. C oud Acoustics, Kaetér Trucking, Prom Salvage, Rennie Trucking, Promotional Resources, Central ctnuas, Best Way Ma~ufacturing, Schroeder Sports, Lutheran Church, Scenic Specialties, Tammerac B ilding Materials, Notch Repair, St. Joseph Auto Sales, Wasner Trucking, and others. The City has . pqlicies in effect, whicnl regulate abandonment of individual sewage treatment systems in accordance wi,th Minnesota Rules Chapter ,7080. \ I Cj Y of St.Joseph compre6ensive Plan, 2002 Chapter 7, Page 1 I I I The sanitary sewer collection system includes a network· of collection pipes with several lift stations . scattered throughout the City. . Improvements have been done as required to maintain the system. Limited design standards for new collection system placement are included in the City's subdivision ordinance. Design standards for new collection system lines are the 10 State Standards, the Standard Utilities Specification as published by the City Engineers Association of Minnesota, special conditions and local requirements approved by the City. The City has televised several sanitary sewer pipes to monitor potential infiltration/inflow. Tapes indicate the city has not experienced problems with infiltration/inflow or the seeping of storm water into the city's sanitary sewer system. The City of St. Joseph has four lift stations' The Eastern Park Pump Station, located On East Baker Street near Seventh Avenue Southeast, is a local pump station that pumps wastewater to the main pump station at the old treatment plant site located at 413 2nd Avenue NW. The Northeast Regional Pump Station, located at the intersection òf Old County Road 134 and County Road 75 (8766 Ridewood Court), is a regional pump which serves a larger area and will accommodate flow from future pump stations. A lift station is also located at 807 Northland Drive. Within St. Joseph, lift stations are inspected daily with repair and replacement as needed. All lines are jetted or flushed in the spring and fall of each year. Clay tile sewer lines are flushed and rodded every fall. Sewer mains and manholes are repaired or replaced, as needed based on annual inspections. Routine maintenance and repair expenses are funded through the Sewer Enterprise fund. Sewer rates effective in 2002 are $1.35/100 cubic foot. Sewer connection fees effective in 2002 are $2,000. III. Summary of Proposed Facilities . The mechanical treatment facility in St. Cloud was designed to accommodate future growth within the St. Cloud Metropolitan Sewer area. There is ample room for expansion on the plant site, if needed in the future. The 1993 Comprehensive Water and Sewer Study indicates that the City's contractªd capacity will service a populatiQn up to approximately 7,800, which when using population projections in Table 3- 10 of Chapter 3 suggests current capacity should service the City for approximately 15 years. This may change however depending upon the type of industrial users which locate within the community. An industry which uses high levels of water could consume a large portion of the city's contracted capacity. For study purposes, S.E.H., anticipated 2,000 gallons per acre per day for commercial/industrial properties. Industrial growth, as well as actual population growth, should be monitored and sewer capacity requests to St. Cloud be made accordingly. The 1993 Comprehensive Water and. Sewer Study indicates a need for additional interceptor capacity to the north as development occurs as well as additional capacity to the south. The study also notes it may be advantageous in the .future to study the economic feasibility of constructing a new wastewater treatment plant in the city rather than contracting for more capacity fromSt. Cloud. The City has an agreement with the City of St. Cloud that it will service Watab Lake in St. Wendel township. This is anticipated to occur within the next five years and will be tied to annexation of the township. Capital expenses are addressed in a capital improvement fund and paid for through an Enterprise Operating Fund or bonding. Following are major expenses relating to the sanitary sewer system which are planned: · Lift station-East Baker from 6th Avenue SE to ih Avenue: Cost $140,000 · Sewer Capacity Study in the central city: Cost: unknown · Main lift station -413 2ndAvenue N.W: Cost: unknown . · EI Paso sewer - EI Paso Land from 2nd Avenue NW to CSAH 23: Cost $58,000 - Source: Sewer Enterprise Fund City of S1. Joseph Comprehensive Plan; 2002 Chapter?, Page 2 ì I I . . conveyancec~pacity - St. Cloud. Cost: $850,000. Source: Sewer Enterprise Fund. . " Update of comprehensive sewer plan. Cost: unknown. i ,. I ,..... " ...., .' ] 1.<.CommunitYllnputii.· , , " .' .........,., ..", , I 'Isa part of the com, n1L, nity sU,rveyand, int,erview process, pa,rti,cipants were asked to rank the q, ualit,y Of, ~e sanitary sewer system as: Poor, Fair, Average, Good or Excellent. 29% ranked the system as TC~lIen~, 65%rank1 it as "gqod' and six percent (6%) ciassifiod itas "averago'. J. Recommendations ' ] . . .' I .', '" ,,' .' . .', ' 1 . The City should update the· subdivision ordinance to' reference ·design standards for sanitary sewer distribution systems. I' , 1 );> Implementation: City Engineer, Planning Commission and City Council. ] 2. The City should provide maximum communication and cooperation between the St. Cloyd Area Sewer District land the City to ensure efficient planning and development of facilities.,wh,ich provid~ a continued high level of service and plans for the additional capacity requirements of the City as, it grows1 I );>,·.i ImplementJtion: City Engineer, City Staff, Planning Commission and City Council. . I I ] . 3. The. City should update the local. sanitary sewer master plan which will: inventory the current .. ' system;identif~ problems within the current system, offer solutions to problems within the current system, plan for the continued servicing anticipated growth especially the Watab Lake area in St. Wendel Township, and. establish short and long term wastewater treatment system plans. The comprehensive I sewer plan should identify the amount of sewer capacity required from St. Cloud . Area Sewer System to.support 2020 growth projections, the cost to obtain additional capacity arid the feasibility oflconstructinganindep~ndent wastewater treatment plant in, St. Joseph. );>Implement~tion: Public Works Department, City Engineer, Planning. Commission and City Council. : 4. The City Shoul~ work in cooperation with St. Wendel Township and St. Joseph Township to coordinate annexation of areas about to become urban in nature with the extension of sanitary sewer services;1 : ] );>. '.Implementation: City Engineer, Planning Commission an, d City Council. '. "I . I I 5. The City shoulq remove ,the large underground tanks remaining at the site of , the old wastewater treatment plant ~o lessen environmental impacts. , Implement~\tion: City Public Works, City Engineer and city Council. I I A plan tocon~ect properties which are currently serviced with Individual Sewage Treatm,ent Facility to the lT1unicipal sewer system, with the abandonment of the individual ,sewage treatment systems in ac¡cordancewith Minnesota Rules Chapter 7080, should <be prepared and . implemented. ! C tYPtSt>Jo~~h com~!rnS¡v,~'Plan. 2°92 Ci)apto,7, Page 3 I » Implementation: City Public Works, City Engineer,St. Cloud Area Sewer Board and City · Council. 7. "Wet industries" or manufacturers which use high levels of water should not be recruited or encouraged to locate within the community, as the capacity of the City's sanitary sewer agreement with St. Cloud may not be able to service the community or may consume a large portion of the city's remaining capacity. » Implementation: Economic Development Authority and City Council. · · City of St.Joseph Comprehensive Plan, 2002 Chapter 7. Page 4 . MUNICIPAL AND ADMINISTRATIVE BUILDINGS AND PUBLIC SERVICES I I. .... .", Intr()ductiori Jhe City of st.JosePhlècogniZ~S the importance of: I ,. ,..,. .' A. Municipal and administrative buildings; R Boards,commissipns and agencies whichserv~the City in various capacities; and, C. The servic~s provided by City officials, municipal employees and administrative personnel. ¡he City ofSt.Joseph is committed to serving· the public in an efficient, effective and professional rmanner. I .'. I . Evaluationt ExistingStJ'Uctures/Co!11!11issions ánd C0!1111litteesI serv'cL ! xistingStructureJ~ I I durrent MuniciPal/Admtstrativ. buildings and office sites are noted 0" Map 9-1. itv Hall: 25 Colleqe Avenue NW ie CitY's' Adrnihi$jtative Offices rei9cated t9 the current~ìte (fonner ban k) in February 91 2001. The . crrentfacili~ is in go~dconditidn. Offices of the G\~ Ad("inistrator, PoiicoChief, aqrQ inisrrativeSfaff, b lIing and records retention are located on. the main floor. The City Council Chambers, a conference r om and break area lare located in the lower level. The building is compliant with Americans with rbilitiesAét sfan~ar,s. . F re Hall: 323 4th AvenJe NE T~eFire Hall was built in 1997 and is in excellent condition; The 18,000 square foot facility includes eight d ors (bays), meeting/training room, decontamination area, lockers, showers and, kitchen facilities. The F re Hall is available for Irental by St. Joseph residents for special events. TeSt. Joseph Fireo1epartment (SJFD) service area covers apprpximately52 square .miles of land. A proximately 8,200·' p~ople live within the S1. Joseph Fire Department's service area. The SJFD r sponded to nearly 26P calls for help in the year 2001. The City, all of S1. Joseph Township and two- t~irdsof 'S1. Wendel ¡Township are served bySJFD. The SJFD is comprised of 30 volunteer professionals. Most me:¡mbers of the department are trained first responders and all are St,,1Ìe Certified at t~e Firefighter I level. In addition, eight are certifiedattheFirefighter II level andfourattheFirefighter III Ir.Th! 51. JosephlFire p:partment carries. two automatic extemal defibrtllatorsand one infrared e uipment unit. '\ Department apparatuse~ir1clude: · A.2002 pumper/latter (65') truck with a pump capacity of 1,250 gallons per minute, · A 1999tanker with a capacity of3,OOOgallons. · A 1997 Type III rescue van. · A 199Tfour-whe.el drive gas rig which pulls the department'ssnowmoi:>ileandrescue sle~ during the winter months. . · A1 ~85 pumper. · 1;\,1 ~76 pumperyvith a 50' latter. . · A'1972 tanker with a,capacity of 1 ,800.g~lIons. \ ",... . . I City of St. Joseph C()mpre~ensive Plan,. 20Q2 Chapter 9 Page 1 I I I Sf. Joseph Police Department: 25 Colleoe Avenue NW · The St. Joseph Police Department (SJPD) headquarters are located in the City Offices at 25 College Avenue NW. The St., Joseph Police Department is comprised of six licensed full-time officers,. two, part-time licensed officers and five reserve officers. The SJPD provides around the clock services in the City of St. Joseph. The Police Department's fleet consists of three squads which are replaced when the vehicle reaches 90,000 miles. Law enforcement programs in which SJPD either implements or works with Stearns County to i'mplement include crime-free multi-housing, Drug Abuse Resistance Education (DARE) and a drug task force. Public Works/Streets/Park Maintenance Public Works/Streets/Park Maintenance facilities include independent structures which are located at three separate sites. 500 'j1d Avenue NW The City owns a public works facility at 500 2nd Avenue NW. The current structure is fair condition and slated for demolition. A new facility will be constructed in late 2002 or 2003. 28 1st A venue NW The public works department now occupies the former fire hall. Equipment is stored in the facility that was built in 1970 and is fair to good condition. Old Stueve Garage · The public works department currently leases indoor storage space at this facility. Other Community Facilities - . Post Office: West Ash Street. This structure is in excellent condition. The post office serves the cities of St. Joseph and St. Stephen and part of St. Joseph Township. . Education: There are two elementary schools, one public and one parochial within the St. Joseph City limits. The College of St. Benedict campus is also located within the City. i. St. Cloud School District #742 has one elementary school site (Kennedy Elementary) within the City of St. Joseph. Kennedy Elementary is located at 316 South 1 sl Avenue in st. Joseph. The building is in good condition and provides education for grades K-4. Kennedy Elementary was built in 1967 as an open room school. Remodeling and updating in 1971 added interior walls and addition space. Capacity is 380, projected enrollment for the 2002/2003 school year is 270 ~tudents. ii. The St. Joseph Laboratory School, an elementary school, was constructed in 1926 by the Church of St. Joseph parish. Since 1952 it has served as a laboratory school for the College of St. Benedict and St. John's University. Elementary education majors from the College and University receive much of their practical teacher training in the school. iii. College of St. Benedict was founded in 1913. The campus is located on 700 acres in the southwest portion of the City. Enrollment is around 2,000. The Campus includes the Clemens Library (constructed in 1986), the Benedicta Arts. Center and several athletic facilities all of which may be accessed by the public. The College of St. Benedict and St. · John's University (located in Collegeville Township) share faculty and staff, busing students on a regular schedule between the two campuses. City of St. Joseph Comprehensive Plan, 2002 Chapter 9 Page 2 . . St. Benedict's ¡Monastery history dates back to 1852 when Mother Benedicta Riepp and two other sisters made ~heir way from Eichstätt, Germanytothe colonial town of St. Marys, Pennsylvania. Young Mother¡Benedicta wentontoestablish a small Benedictine community of six women inSt. Cloud, Minnesota in 1857. ,In 1863 the sisters settled in the monastery's current location in St. Joseph. i I . Religious Instit¡utions: I i. The Churc¡hof St. Joseph was constructed in 1871 and remodeled on several occasions. The Church is listed in the National Registry of Historic Places and is in good condition. ii. Resurrection Lutheran Church was constructed in 1988 and is in excellent condition. , j i I ¡ , I oards/Commissions/Committees \ "" I" ,,' 11'he City of St.Joseph has several boards, commissions and committees that shape the policies and ~eCisions of Citygove~nment. The City encourages citizens to volunteer toserve on these entities 'and provide their input. A br.ief description of each entity and its duties follows: . 1 able TV Commission Consists of two members appointed by the City Council for three-year terms. The Commission acts as a liaison brtween cable TV su~scribers and providers in the City and advises the Council on related matters. Rire Advisory Board I Oonsists of five memb¿rs appointed by' the City and Township, for three-year terms. The Board acts as a . Ii isonbetween the fire Idepartment, local units of government andthe community served. ,I ' . ark Board I , j ¡onsists of seven members appointed by the City Council for three-year terms (one City Council, six at- Irge). The Board adVisFs- the City Council on matters pertaining to the City Parks. PlanninQ Commission qonsists of seven members appointed to the City Council for three-year terms (two members of the City Oouncil and five at-Iarg'e). The Commission serves as an advisory body to the City Council in matters of ~recting the future phYsical development of the City. The Commission, upon request of the Council. . akes studies, investi~ations, and recommendations to the Council regarding matters affecting zoning. pattIng and public Improvements. . I St. Joseph Economic Development Authoritv ' Cionsists of five members appointed by the City Council for three-year terms (two representatives fromthe City Council andthreelat~large members). The Board advises the Council on all matters concerning in1dustrìaland commercjal development, as well as gathering information about the resources and support a~ailable locally for busiress development. I 'I Existing Services I Alcommunity survey cqmpleted in conjunction with the updating of the Comprehensive Plan requested in ut from Tesidentsregarding municipal facilities and services. Respondents were àsked a number of q! estions.A summary of results follows: I ! . A vast majo'rity of respondents (88%)feltadequate public serves are available in the City. . ·1 . 69% thoug~t they were well ihformed of City Council decisions, 18% were undecided and 18% did nOì feei well informed. I City of 81. Joseph Comprehensive Plan, 2002 Chapter 9 Page J I ! !: , I , · A majority felt community organizations work well together and that local government is · responsive to their needs. · Some suggested a need for joint update sessions including various public entities (City, County, Township, college, committee/boards, etc) on an annual or semi-annual basis. · Most respondents feel they are moderately involved in city policy and planning decisions. · Most respondents thought St. Joseph was doing a 'good' job in faoilitating ethnic and racial diversity. Some thought racial/ethnic diversity was not yet, an issue, however others emphasized that now is the time to plan for further diversification. · Some respondents indicated additional ,county services (including social services) would bè a pleasant addition to those available within the City. · Additional comments were received regarding the need for a storm water management plan, the desire for a consistent policy requiring utility lines to be buried and the favorable cooperation between the City and the College regarding water systems. · The number one response to the question, "What one improvement would make living in St. , Joseph better for you?" was a community center'. Numerous respondents also noted the need for a public library off the college campus. · 65% of survey respondents rated educational programs within t he school district as good or excellent noting the large variety of programs available as an asset. 81 % of the respondents feltthe city could support a Jr/Sr. high school facility within the city noting it would help create a community identity. Participants noted that professionals that work in the community often seek residency in another community where their children may attend a sChool in the same city they live. III. Recommendations 1. The City shall continue to monitor and assess the condition and adequacy of existing municipal · structures. The City ~hall establish long-term solutions to anticipated building/office spaçe neE;lds. Routine maintenance and repair costs should be allotted for in the annual budget. Reconstruction, remodeling and/or construction of facilities should be addressed in the Capital Improvement Plan. );> Implementation: Public Works Superintendent, City Building Official, Fire Chief, Police Chief, City Administrator and City Council. 2. The City shall strive to make municipal/administrative buildings and offices completely accessible to the public. );> Implementation: Department Heads and City Council. 3. The City shall provide maximum cooperation and assistance toother public agencies in planning and developing facilities and programs to provide a high level of service and avoid duplication of services and/or facilities. );> Implementation: Stearns County, School District #242, community and state agencies and City Council. 4. New municipal and administrative constructions shall be developed to the same high standards required for the development of private property and shall be subject to review by the Planning Commission and City Council. );> Implementation: Building Official, Planning Commission and City Council. 5. The City should initiate and organize a semi-annual open meeting with representatives from each City · department, elected officials (local & state), representatives from. City Boards/Cornmissions,St. Joseph Township, the College of St. Benedict, 8t. Benedict's Monastery, Stearns County, City City of 81. Joseph Comprehensive Plan, 2002 Chapter 9 Page 4 1 I I I I . Consultants, lead~rs of active community organizations andoth.er representatives as appropriate. The purposeofttle meeting is to share information, build rapport and update the each other on issues, plans and goals at the forefront for the following six-month period. I » ImPlement~tlon: Ci~ Administrator and Ci1y Couneil. . i ' 6. The City should cJnsider establishing a quarterly newsletter asa means of informing and updating community members. The newsletter could include information/column from the College as a means of communicating with community members. I I » Implementètion: City Staff. I 7. The City and the College should work together to integrate college students into the community via job/seNice corps, v,olunteer opportunities within the City and social functions. ! I » Implementí.jltion: City Staff and College of St. Benedict Representative. ¡ 8. The City should meetwith School District #242 Superintendent and/or Board members to research the feasibility of planningfor a future junior/senior high school within St. Joseph. I ,," , » Implement~tion: City Council and City Administrator. I ' , I ! 1 . I I I I - 1 i I i , I I ì I I I , . ¡ j C ty of St. Joseph compre~ensive Plan, 2002 Chapter 9 Page 5 . I j I I ! PARKS, TRAILS AND RECREATION . I. Introduction The City's residents and businesses identify parks, trails and recreational facilities as invaluable community resources that contribute positively to the quality of life offered in St. Joseph. Recreation is viewed as an integral part of life, providing a necessary and satisfying change from the things we usually do and the places where we spend most of· our time. Indicative of the importance of Park, Trail and Recreational amenities the City's existing Comprehensive Trails Plan includes the following vision statement: . Local residents and visitors have the rights, choices and opportunities to walk and bike safely and pleasantly on a well-designed, maintained, and inter-connected system of sidewalks and bikeways. The bicycle and pedestrian development plan in St. Joseph will link with the Lake Wobegon and Glacial Lakes Trails. Additionally, a City survey, comments from City staff and comments at public meetings underscore the importance of creating and sustaining parksí trails and recreational facilities. . Providing quality recreational opportunities begins with proper planning. To assure adequacy and maximum usability, recreation areas and facilities shall be developed with regard for the needs of the people and the area they serve. Proper planning must take into consideration a number of factors, including but not limited to, location of existing recreational areas (i.e. proximity to the area served, separation from incompatible land uses), adequacy of existing facilities, site planning for the location of future facilities, access to current and future facilities, provisions for recreation programs, and financing, maintenance and management of existing and proposed parks, trails and recreational facilities. . This section shall: 1. Inventory existing facilities;.. 2. Identify/evaluate existing measures to procure substantial park, trail and recreational facilities; and, 3. Establish tangible recommendations or guidelines for future park, trail and recreation facilities. II. Inventory The City of St. Joseph features several existing park and recreational facilities, most of which are conveniently located and generally accommodate the recreational needs of residents. Recreational facilities within the City can be described according to their type, population served and location. The following terms and descriptions shall be used to classify existing and future recreational facilities: 'Neighborhood Parks' provide open space for passive recreation for all ages within a neighborhood, particularly for the elderly and families with young children.· An ideal neighborhood park site is scenic or wooded and located a maximum of one-quarter mile, which is normal walking distance, from primary users. Suggested minimum size for this type of park in one acre. Site development should include sidewalk, benches, landscaping, and play features for preschoolers. Neighborhood parks should connect with trails which connect to other parks and neighborhoods. 'Neighborhood Playgrounds' are usually provided in conjunction with education and institutional facilities . and primarily serve the recreation needs of children ages 5-12. Individual neighborhood playground size is dependent on the types of activities it supports and the facilities it provides. Play features, ball fields. City of St. Joseph Comprehensive Plan, 2002 Tab 10 Page 1 I I i . I basketball and tennis pourts, and. open play fields are common components. The service area is highly tariable,but it usually ~as a radius of one-quarter mile. " ' , , , I 'Community. Parks' typically /serve~everal neighborhoods and are under municipal administration. Ithough size may v$ry, community p~rks are. usu~lIy.rrlOre spacious than neighborhood parks or laygrounds. In addi'ionto the.kindsof facilities provided at neighborhood parks, these parks imay , rovide. swimming,' p091s, picnic areas,rnore, elaborate.. play fields, restroom facilities. and .'. tennis courts. ommunity parks servy people of allagesand have an effective service area radius of one-half mile. .', ' ," .'J , ity-wide.Parks' may~erve some or all types of a community's recreation ,needs. They can provide a ide range of activities for all age groups or may be very specific. In addition to some of the facilities ArovidedÞyother types of parks, city-wide parks may contain an area for nature study, hiking and riding ~ails, pond fishing, spe:ctatorsports and numerous other activities. However, in many small communities, city"wide park is sometimes designated as such not because of its· size and/or variety of recreation riiiiies,but bequse I( is !~e o~lypark avail~ble to the C()m",unity. . I 1-,,' ¡''.--.':'..... ,,' ......,.'.:...... .... ........... ' . 'pecialized RecreatiÇ>ri,Areas' may include but are not limited to; golfcourses,historic sites, conservancy ~rea, linear trail, and ~O?dPI~inS. M?st specialized recreatiory areas, have ,limited active recreation value, ~e not developed as multi-purpose recreation areas, or are notalways available for use by the public. pecialized areas are an important adjunct to a community and its park and open space program. JOlloWingiSälistingofthe parkand recreational facilities existing in the City ofStJoseph. Map ·10-1 iI ustrates the location .of said facilities: i I · Millstream Park (North ofCSAH 75 and East ofCSAH 3) - This cOmmunity park is in very good condition. / Millstream is located in the northeastern portionofthe City. The facility . occupiesal35-acre,area bordered by CSAH 75, .cSAH 3 and the Watab River., The park features picnic and camping areas, twQ lighted. ball fields and walking trails, which. wind through scenic wooded areas. Millstream park is located within planning District One, a district whibh features primarily park and open space type uses. Future uses within Planning Distric;tOnþ include park .and open space. Millstream Park is not currently serviced by mypiciPéllutilities. A pòrtion. ofth~ park is included in the South Fork of the Watab River floodplaino,verlay. I · Monumentl Park (West> Birch Street and. 2nd Avenue N.W.) - This 1/3·acre specialized recreélti.onaL area was deye.loped . in 1941 and includes a historical monument, benches, picnic tabl~s and shrubs/flowers. ,The, monument is entitled. the St. Joseph' Block House Memorial and is one pf five such sites in Stearns County. The historic marker stands where a timbered fort that was used by area settlers ,for shelter during the' Sioux Uprising in 1862 was located.. The marker. is located. on., the northern edge of Memorial, Park near the ball field outfield~ . This specialized recreation area is included in Planning, District Two. Planning District Two is located in an area of the City that is already primarily developed. Future uses I within Plan~ing District Three include low and medium density residential. along with Highway and Downt9wn Commercial. I i · Hollow Park (West Birch and 5th Ave NW);- This 1/2 acre neighb()rhood park is in good condition.. HollowPark is located at the end of West Birch Street north of the intersection of Birch and §th AvenueNW. ' Hollow Park features benches, picnic tables,. a swing set and a small play feature.. HollowPark is located within Planning District Two. Planning Distriçt Two is located in an area of the. City that is.already primarily developed. Future uses. within Planningo'istrict T'N0include low andme.diumdensity residentialalopg with ,Highway commercial' . · Centennial Park (205. Birch Street West) -. This' 2)1.¡-acre neighborhood, park is in good condition. The parkfe~tures a picnic shelter, sand volleyball court, a small basketball court, play features and aplaywound area. Centennial Park is located within Planning DistrictTwo. i ¡ ,. i Ci 'f of St. Joseph Comprehensive Plan,2002 Tab 10 Page 2 I l Planning District Two is located in an area of the City that is already primarily developed. · Future uses within Planning District Two include low and medium density residential along with Highway Commercial. · Memorial Park (28 Third AvenueN.W.) - This 2.5-acre citywide park is located northeast of the intersection of 3ra Avenue and Ash Street. This park is in good condition. The park features a ball field, bleachers, a park shelter, a combination hockey rink/skateboard feature, restrooms and an outdoor figure skating rink. Memorial Park is located Within Planning District Two. Planning District Two is located in an area of the City that is already primarily developed. Future uses within Planning District Two include low andrhedium density residential along with Highway Commercial. · Northland Park (West of Hackberry Drive) - This 5.6 acre neighborhood park was constructed in 1993 in conjunction with' the Northland housing development and is in excellent condition. Northland includes a sand volleyball court, benches, a small play feature, portable restrooms and open space. The park is within Planning District Six which consists of predominantly residential uses north of Fir Street East. The area is expected to continue to develop in a residential fashion. · Cloverdale Park (Corner of East Able Street and 8th Avenue SE) - This 3I;z-acre neighborhood park is in good condition. The park is located to the north of East Able Street at 8th Avenue SE. Cloverdale Park features a small playground area with a few benches. This park is within Planning District Ten which features primarily residential uses, which were constructed in the last 25 years. · Brian Klinefelter Memorial Park (south of East Dale Street and West of Twelfth Avenue S,E)- This 26-acrecommunity park showcases the natural beauty of St. Joseph. Constructed in · 1977, the park features a large wetland, a small stream and native vegetation. Walking trails developed by the Minneso~a Department of Natural Resources and the City offer a pleasant stroll through the natural area. Other features include a covered picnic area,a large play feature and a tribute to former St. Joseph Police Officer Brian Klinefelter. Klinefelter Memorial is located in Planning District 10 with future land uses. expected to include residential development. The Lake Wobegon Trail is being extended nine miles from Avon to just east of CSAH 133. Until future extension, St. Joseph will be the easternmost terminus of the popular trail. The trail is used for pedestrian and bicycle traffic. From December to March the trail is used for snowmobiling. Beyond the Wobegon Trail there are few designated walkways or bikeways within the City. Pedestrians may use sidewalks when available. Recognizing the need fora systematic pedestrian network the Park Board has adopted a Comprehensive Trail System Plan. The Plan outlines continuous trail/path extensions that will connect: · Northland, Millstream and Memorial Parks. · Memorial Park and the College of St. Benedict Campus. · The College Campus and Kleinfelter Memorial Park. The Comprehensive Trail Plan also indicates the possible extension of the Glacial L~kes Trail from Richmond to St. Joseph where it would possible connect with the Lake Wobegon Trail. The Trail Plan also indicates designated pedestrian/bicycle trails adjacent to CSAH 3 and trails leading to a crossing of CSAH 75 at either College Avenue or Fourth Avenue. Map 10-2 indicates trail, sidewalk and pedestrian corridors. · City of St. Joseph Comprehensive Plan, 2002 Tab 10 Page 3 I I I I I . I II. ,EvaluatiOn!Of ExistingSyst~ms , . j" "..,' .', : ! .,', .', ,', '.. ' .' , . ..'.' ' '.. .... . "., ,.,.', ' IheCitY'scombination of recreational activities, historic sites and existing parkland/openspace provide ¡esidents and visitors :witha variety of recreational opportunities. Map 10-3 indicates areas served by existing recreational facilities. , Asin.cjicated parks ,are located so as to serve the needs of most residential rS.:ffue..CKy,~owrver add~IODal. lacUitie. would.bene"t.~siden~·in t~e soufu central portion of the ity., Additional. park~ and/or open space may also complement the commerciallretail areas in the owntown and CSAH 715. corridors. . " . \ I ' , ' +ap 1Oc3also indicate. park s~.arch areas. ... he City has initiated ~easures. to procure substantial park, trai.l, and recreatior¡al f~cilities. The city is 90mmitted to offering! members of the community facilities that create, sustain and protect diverse ~creationaluses and~hich provide access to natural amenities. To those ends, the City has pursued easurestoensure the existence of satisfactory park and recreational facilities, including:, . , i I 1. The City hasesta9lishedaseve~ member Park Board.Boardmemb~rs are appointed by the ,City Council for three-year terms. .'. .,. The Board, meets a lea~tquarterly.andjncludessix at-large representativ~s and one a City Council rewesentative.The park Board members are not paid and do not receive. per diem. The. Park BoardflJnctions as a consultative group which assists the City Council with matters pertaining t() the City Parks. Duties and responsibilities of the Park Board include: I i A. Acquiring land for park purposes. B. Assert control and authority over. propertyset aside for park purposes. . C. Intervie,^, ... and I recommend the employment of necessary personnel, and recommend cQmpensationfprpersonnel. ' .'.,., "., .' , ..',.., ..'.,' ' D. Direct the constructionofJacilities and improvements to park propertYt, E. purchasenec~ssarymaterials, supplies, eguipment and services for the development and mé3intenance ofl parks asweB as the implementation of recreational and educational programs. F; Maintain and c~re for park property. '. . G. Provideforfreel musical. and other entertainment for the general, public. H. Develop and p1êiln educational programs and activities for residents of the City. I. Promote public interest and understanding of the City's parks, programs and actiyities. I J. Coordinate recr~ational park activities with other community organizations or groups. K. Solicit contributions from other organizations and businesses used for the funding of park programs. I I ! 2. The. City has adopted and, enforces specific parkland dedication, requirements within, a Subdivision Ordinance. '.' Each subdivision review. procedure in91udes, a parkland dedication stipulation whereby developer's must eÎther' set aside parkland acreage or submit a fee-in-lieu of parkland dedication. Current standards ,I, pertaining' . to subdivisions require eight percent (residential), or two percent (commercial/industrial) ofthe public area platted be deeded to the City for park purposes. Alternately, a fee-in-lieu-:of pa~klanddedication equal to the average value of eight (residential) or two (commercial/industrial) percent of the land to be subdivided prior to utilities being placed. The City Council has the autHority to approve/disapprove of the land proposed for dedication. I 3. The City, seeks pu~lic input through a variety of means including public meetings and community surveys. . ,In conjunction with the. updating of this Plan, a survey was distributed to community leaders. The survey was available bothers as, requested. Additionally, consultants conducted several fa.ce- to-face follow-up intervi!;!ws. Following the interviews the community was invited to a neighborhood . meeting to. discus~ .the· ßeveral. components of the comprehensive . plan including parks and recreation. Results indicate residents consider park,trail and recreational facilities a definite priority: I I I, I crf St. Joseph comp"'l.ns¡v. plan; 2002 Tab 10 Pag~4 A. A large majority, 79% of residents completing surveys indicated all areas in the community · were served well by existing parks. Other respondents noted a deficiency in equipment in the parks, limited access to parks (especially crossing CSAH 75)and the need for a community center. B. Most of those surveyed and those involved in community meetings thought. park facilities were in good to very good condition. C. The community was asked what recreational facilities would add to the quality of life in St. Joseph. Of those responding, 81% indicated a better network of trail/pedestrian/bicycle facilities. Other responses included additional play features, picnic shelters and benches. D. Those surveyed were asked tqindicate whether or not various age distributions had sufficient recreational opportunities within the City. Most agreed children, adults, seniors, families and tourists had adequate recreational opportunities, however, many indicated teens did not have sufficient recreational opportunities. E. Suggested recreational improvements included a Wobegon Trail welcome center, a community recreation center, a library, wading and swimming pools and a summer art program at the college. F. Respondents indicated sidewalks should be required leading to educational facilities (87%), leading to parks (68%), in all recreational areas (41%), and within all new subdivisions (50%). G. As a part of the neighborhood meeting, participants noted the need for a pedestrian/bicycle bridge over CSAH 75; the need to link trails to parks, the downtown and the college; and, the · need to protect and compliment environmentally sensitive areas. Other suggestions included the addition of cross-country skiing, teen activity park areas (e.g. skateboarding)" the development of a skating pond on the holding pond on the east end of Minnesota Street, a downtown skating pond with music and more park/recreational opportuQities for young ~ children (e,g. football fields, soccer fields, ball fields, etc). 4, The City has approved a Comprehensive Trail Plan. IV. Recommended Guidelines for Park, Trail and Recreation Following the inventory and evaluation of existing park, trail and recreation facilities and in accordance with park, trail and recreational plans the following guidelines and recommendations have been prepared. 1. The City of St. Joseph shall strive to provide active and passive park and recreational facilities to meet the needs of diverse groups within the community including, but not limited to, teenagers, physically and mentally challenged, and all household types. >- Implementation: Park Board, Park Superintendent, Planning Commission and City Council. 2. The City, school district, community organizations and county should work together to form and designate a cohesive entity that is responsible for creating and implementing a recreational programs in a functional and organized fashion. >- Implementation: Park Board, Park Superintendent and City Council, school district and · Stearns County. City of 81. Joseph Comprehensive Plan, 2002 Tab 10 Page 5 . I ! . I . . Annexation, contin'ued development and increased density possibilities are likely to escalate demand for localized park facilities. As such, all plans which guide the establishment of park facilities should be updated and maintained. ' I ¡ ~ Implementation: Park Board, Park Superintendent and City Council. I ! i The City should implement an overall maintenance plan, including: I A. Weekly eqÙipment inspections. B. Repair/maintenance addressed in annual budget. . C. Capital equipment costs (i.e. new equipment, new play features, park upgrades) included in the five year CIP. . D. Other capitßlexpenses (e.g. pedestrian/bicycle trail construction, overpass construction, etc.) " \ ~ Implementation: Park Board, Park Superintendent and City Council. j, i 5 As street/utility recbnstruction occurs within the developed part of the City in areas designated for future trail develop~ent, steps should betaken to implement the City's Comprehensive Trail Plan. I ~ Implementation: Park Board, Park Superintendent and City Council. 6 As annexation ocd.Jrs the City should take all necessary actions to ensure added park facilities . adhere to municiPal:! codes. ~ Implementation: Park Board, Park Superintendent and City Council. I i - , I 7 The City shall contiQue to seek grants to upgrade existing facilities and/ordevèlop additional facilities, including a pedestriéfln/bicycle overpass. , , ~ Implement~tion: Park Board, Park Superintendent and City Council. ! I I 8. The City shall revi'ew parkland dedication requirements included in the Subdivision Ordinance. Specifically, the City shall review percentages of acreage required (possibly increase to 10% in residential develop~ents) for parkland dedication and the calculation of fee required for fee-in-lieu-of parkland dedication (possible based on value of land after utilities are placed). i ~ Implementation: Park Board, Park Superintendent, Planning Commission, City Administrator and City CoYncil. I I I 9. As the subdivision ~rocess is employed, for individual development projects, the City should continue to request a recom~endationfrom the Park Board as to the appropriateness of proposed parkland dedication and/or fèe-in-lieu of parkland dedication. The City shall carefully review proposals fr()m developers relative Ito parkland dedication requirements. . The City shall, when feasible, ensure adequate parkland is available prior to considering a fee-in-lieu of parkland dedication. ! i . ~ ImPlementatjion: Park Board and City Council. i i I cr of St. Joseph eomprejenSive Plan, 2002 Tab 10 Page 6 10. The City shall employ local controls to approve or deny the exact area proposed for parkland · dedication. ~ Implementation: Park Board, Planning Commission and City Council. 11 .' The City shall carefully review proposals from developers relative to proposed trail and sidewalk facilities within new subdivisions. The City should develop a sidewalk/trail policy indicating when/where sidewalks or trails should be placed. ~ Implementation: Park Board, City Engineer, Planning Commission, City Administrator and City Council. 12. The City should identify areas conducive to the location of a community center. ~ Implementation: Board, Community Recreation Board and City Council. 13. The City should identify environmentally sensitive areas that are not conducive to any type of development and examine the possibility of designating said areas as 'open space'. ~ Implementation: Park Board, Park Superintendent and City Council. 14. The City should further define the operational scope and purpose of the Park Board, including but not · limited to: A. Recommending policies regarding short and long range planning, acquisition, develoPrnent, and use of parklands and recreational facilities. B. Advising the Council regarding cooperative agreements with other public or private agencies, organizations, or individuals. ~ Implementation: Park Board and City Council. · City of St. Joseph Comprehensive Plan, 2002 Tab 10 Page 7