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HomeMy WebLinkAboutOrdinance 502.12 General Performance ORDINANCE 502 – ZONING ORDINANCE Section 502.12: GENERAL PERFORMANCE STANDARDS The intent of this section of the zoning ordinance is to establish general development performance standards. The regulations provided herein shall apply equally to all districts except where special provisions provide otherwise. Subd. 1: ACCESSORY BUILDINGS. 1) In all residential districts detached accessory buildings shall be located in the rear yard. 2) All accessory buildings which are greater than fifty (50) square feet, but less than one-hundred-twenty (120) square feet shall require a zoning permit and shall comply with all yard requirements applicable to the principal building in the District. The Zoning Permit Fee shall be established and amended from time to time by resolution of the City Council. 3) Accessory building greater than one-hundred-twenty (120) square feet shall require a building permit and shall comply with all yard requirements applicable to the principal building in the District. 4) Accessory buildings which do not require a building permit shall not be located closer than five (5) feet from the adjoining side or rear lot line. However, such accessory building shall be set back a minimum of 50 feet from the front street right-of-way lines. 5) All other accessory buildings shall setback a minimum of fifty (50) feet from front street right-of-way lines. Accessory buildings are further limited not to exceed over one (l) story of sixteen (16) feet in height. Section 502.12, Subd. 1aamended 1/07 Section 502.12, Subd.1 amended 11/2013 b) All garages shall, if the vehicle entrance backs upon a public alley, be setback at least five (5) feet from the public alley right-of-way. c) In no case shall the door of any structure, building, fence or improvement be erected or constructed so as to extend beyond any lot line. d) In business and manufacturing districts, accessory buildings and uses may occupy any of the ground area which the principal building is permitted to occupy. Accessory buildings such as buildings for parking attendants, guard shelters, gate houses and transformer buildings, may be located in the front or side yard in the Industrial District. 502.12-1 ORDINANCE 502 – ZONING ORDINANCE e) Within the R-1 and R-2 districts no accessory structures, including attached garages, or any combination of accessory structures shall exceed 1,350 square feet or ten percent (10%), whichever is the lesser, of the total lot area. In addition, lot coverage requirements outlined within the respective districts shall be adhered to. f) The same or similar quality exterior building materiel shall be used on the accessory building and the principal building. g) Accessory buildings other than garages shall be limited to ten (10) feet in height in all single and two family and townhouse unit lots. h) Detached garage sidewalls shall not exceed ten feet and the pitch shall be no greater than that of the principal structure. i) The roof slope shall be no granter than the steepest roof slope of the principal structure, nor less than the average of the roof slopes of the principal structure. Subd. 2: FENCING. a) Application. This ordinance shall apply to the construction and maintenance of all walls or fences, to include living fences as defined herein, within the City. The requirements of this Ordinance may also be subject to modification by the terms or conditions of a Conditional Use Permit or Rezoning applicable to an individual parcel of property. b) Purpose. This Ordinance was enacted for the following purposes: 1)To regulate fence or wall construction and location. 2)To protect property from a loss of use, enjoyment or value due to the construction of aesthetically objectionable fences or walls on adjacent property. 3)To assure that fences and walls are constructed adjacent to the property line or within the property of the party who will maintain the wall or fence. 4)To assure consistency in the location of fences and walls constructed in residential districts. 5)To require walls and fences be constructed of a low maintenance material. 6)To require walls or fences to be constructed of non-toxic materials. c) Permit. Prior to constructing or reconstructing a fence or wall within the City, the person or entity owning the property on which the wall or fence is to be constructed or 502.12-2 ORDINANCE 502 – ZONING ORDINANCE reconstructed shall first secure a fence permit from the City Building Official. A permit fee, in an amount set by resolution of the City Council, shall be paid at the time the application for a permit is submitted. The application shall contain the following: 1)Legal description of the property on which the fence or wall is to be constructed or reconstructed, 2)Sketch showing the location of the fence or wall on the property, 3)A description of the materials to be used in the construction of the fence or wall, 4)A description or sketch of the design and dimensions of the fence or wall, 5)Compliance with the provisions of Section 506.07 (Border fence or wall). The application shall be reviewed by the City Building Inspector for issuance of a building permit upon a determination that the proposal complies with this Ordinance. The fence or wall shall be inspected by the Building Inspector upon completion of construction or reconstruction, to assure compliance with this Ordinance. d) Fence Height. 1)Fences and walls located within a residential area shall not exceed the height of seven feet; except fences located between the front of the residential structure and the adjacent roadway shall not exceed four feet. 2)Fences and walls located in a commercial area shall not exceed the height of eight feet; except no fence shall be permitted in the front yard, unless the fence enhances the visual appearance of the site/landscaping and the fence does not exceed two feet in height and is of a reasonable linear length. Chain link fences, including those with slats are prohibited when visible from the public right of way. 3)Fences and walls in an industrial area shall not exceed eight feet unless a higher fence or wall is approved as part of the special use permit allowing the industrial use; except fences located between the front of the industrial structure and the adjacent roadway shall not exceed four feet in height. 4)If two different zones abut, the zoning requirements of the property owner constructing the fence shall control. e) Fence Materials. 1.Fences constructed in residential zoning districts shall not be constructed with prohibited materials as listed in Section 506.05 Subd. 4. All wood fences, other than those constructed out of redwood or cedar shall be stained or 502.12-3 ORDINANCE 502 – ZONING ORDINANCE painted upon completion of construction or reconstruction. Chain link fences shall be made out of a non-rust material. 2.Decorative, landscape, retaining and/or privacy walls may be constructed out of stone masonry or brick provided they are: not less than four inches or more than 24 inches in widths. Such walls over four (4) feet in height shall require footings that support the structure as required by the MN State Building Code. 3.Concrete decorative, landscape, retaining and/or privacy walls shall be prohibited unless they are formed from decorative and/or colored concrete, less than 24 inches in height and included as part of an overall landscape theme which has been developed. 4.The following materials are prohibited for fences, but not limited to: a.Barbed wire and electrical fences, except in agricultural districts; b.Creosote lumber; c.Chicken wire; d.Woven or welded wire, except in the industrial district e.Snow Fences, except in the Agricultural/Rural Residential District f.Plastic webbing, except when used for police control. This shall not prohibit the use of plastic materials intended to resemble wood products; g.Makeshift, flimsy materials, or material such as paper, twine, rope, tin, except when used for traffic control or police security. 5.Other materials which are not specifically allowed by this Section, nor specifically prohibited may be permitted subject to City Council review and approval. f) Living Fences. Living fences may be constructed out of trees or shrubs. Trees and shrubs used as fencing are not restricted in height; except the height of the living fence located to the front of a residential structure shall not exceed four feet. The owner of the property adjacent to a living fence may trim or prune that part of the tree or shrub which extends across the property line over his or her property. g) Border Fence or Wall. 1)A fence or wall constructed of maintenance-free materials may be constructed adjacent to the property line so long as all parts of the fence, including post anchors, are located within the property of the owner and so long as the 502.12-4 ORDINANCE 502 – ZONING ORDINANCE bottom of the fence (exclusive of posts or anchors) is at least two inches above the ground. For purposes of this paragraph, the term "maintenance-free materials" shall include stone, brick, stucco, vinyl, plastic, or chain-link which is finished with a rust resistant material. 2)Fences and walls shall be constructed at least two feet inside the property line or adjacent to the property line, unless the, fence or wall is constructed of maintenance-free materials in accordance with paragraph (a) of this section. 3)For any fence or wall located within six feet of a property line, that side of the fence which presents the most finished appearance, shall be the side which faces the adjacent property. 4)No fence shall be constructed which is approximately parallel to an existing fence, and closer than two feet so as to create an area between the fences which has limited accessibility for purposes of maintenance. h) Variance. Provisions of this ordinance may be varied by the City Council upon application, and after consideration and hearing by the Planning Commission with recommendation to the City Council. A fence variance application fee may be established by resolution of the City Council. . i) Pre-Existing Fences. This Ordinance shall apply only to fences and walls constructed or reconstructed after July 1, 2012. Any pre-existing fence that does not conform with the provisions thereof shall not be altered, extended or reconstructed except in conformance with this Ordinance. j) Maintenance of Fence. 1)All fence and walls located within the City shall be maintained in a safe condition. The owner of the property on which a fence or wall is located shall be responsible for the maintenance and repair of the fence. 2)No fence or wall may be maintained in a location which obstructs the ability of a driver of a motor vehicle to see other drivers or pedestrians on any street or alley. k) Emergency Access to Fenced Areas. An access opening for emergency entrance shall be incorporated into any fenced areas within which a building is totally or partially located. For residential use property, the access opening shall be at least four (4) feet in width. For commercial or industrial use property, the access opening shall be at least fourteen (14) feet in width. A gate or unfenced area shall qualify as an access opening if of sufficient width. l) Restrictions of Fences over Public Easements. Fences may only be erected over an easement if the landowner meets the requirements of St. Joseph Ordinance Section 302.03(b). If the request for the fence is approved, the City retains the right to require the landowner to remove or abate the fence where the fence interferes in any manner with the City’s easement use. 502.12-5 ORDINANCE 502 – ZONING ORDINANCE If there is an emergency necessitating immediate access to the easement, the City reserves the right to remove the fence to obtain access to the easement. The landowner shall bear all costs for removal and restoration of the fence in the event the landowner is required to remove the fence for access to the easement or in the event the City removes the fence in the case of an emergency. The City specifically reserves all rights of an easement holder afforded under the common law of the State of Minnesota. m) Penalties/Remedies. Violation of this ordinance shall constitute a misdemeanor as defined in this Code of Ordinance. When conditions are made a part of the terms under which this permit is granted, violation of the conditions is a violation of this ordinance. The City of St. Joseph may also seek civil remedies, including but not limited to a Court order directing maintenance or removal of the fence or injunctive relief prohibiting construction or maintenance of a fence in violation of this ordinance. Sec. 56.7(a) & (c) updated 2/24/98 Sec. 56.7(c), 56.12 & 56.13 amended 1/07 Ordinance Amended 07/05/12 Ordinance Amended 04/03/13 Subd. 3: SCREENING AND LANDSCAPING a) Required Screening. In all commercial and industrial districts adjacent to residential districts and not divided by streets there shall be provided along the property line a fifteen (15) foot wide planting strip composed of grass, trees and shrubs. A screening fence may be utilized when approved by the Planning Commission. Such fence shall not exceed eight (8) feet in height nor be less than six (6) feet in height. b) Landscape/Vegetation Covering Required. In all zoning districts the lot area remaining after providing for parking, driveways, loading, sidewalks or other requirements shall be planted and maintained in grass, sodding, shrubs or other acceptable vegetation or landscaping techniques. c) Landscaping/Planting in Easements. Plantings such as trees and bushes may be placed in and utility easements at the risk of the property owner, provided they are approved through the process identified in St. Joseph Ordinance No. 302, and they do not change or interfere with the drainage. The city does not encourage extensive plantings or landscaping in the easement area because of potential drainage problems and the possibility of utility work in the easements. The city or utility service providers shall not be required to replace plantings or landscaping removed or damaged during work within the easement area. 502.12-6 ORDINANCE 502 – ZONING ORDINANCE Subd. 4: BUILDING AND LOT RESTRICTIONS. a) No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located. b) No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located. c) No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located. d) The minimum yards and other open spaces, including lot area per family, required by this Ordinance for each and every building existing at the time of passage of this Ordinance or for any building hereafter erected shall not be encroached upon or considered as yard or open space requirements for any other building. e) Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (l) principal building on one lot unless provided in this Ordinance. f) On a through street, a lot fronting on two parallel streets, or a corner lot, both street lines shall be front lot lines for applying yard, setback and parking requirements, except that for the purpose of determining the location of the rear yard, the following rules apply: 1. For a corner lot, the rear yard shall be that portion of the yard opposite the yard frontage as defined by Section 502.04.63; 2. For a through lot, the rear yard shall be that portion of a lot opposite the street from which the principal structure derives its address. 3. Any use generally permitted within the rear yard of a lot may be permitted in the rear yard of a through lot or corner lot so long as the use meets all setback requirements, assuming that the front yard setback applies to all streets abutting the property. g) Manufactured homes as defined in this Ordinance shall be limited to locations provided in the district provisions. h) Any dwelling constructed in an area zoned R-1, on a lot of a plat approved by the City on or after July 15, 1991, shall include an attached or detached private garage of at least 20 feet in width and 22 feet in depth. For purposes of this ordinance, width shall be measured on the side of the garage having an overhead garage door for motor vehicle access. 502.12-7 ORDINANCE 502 – ZONING ORDINANCE i) Residential lots shall have no more than a single curb cut providing access to the lot. The curb cut shall not be more than 24 feet in width. j) No galvanized or unfinished steel, galvalum or unfinished aluminum buildings (walls or roofs) (except those specifically intended to have a corrosive designed finish such as corten steel) shall be permitted in any zoning district except in association with farming operations. k) Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the property values of the abutting properties or adversely impact the public health, safety and general welfare. l) Residential dwellings in the R-1, R-2 and R-3 Districts, except those within approved manufactured home subdivisions: 1. Shall have a minimum roof pitch of 4:12, and each roof shall be shingled or feature approved materials. 2. Shall maintain a minimum width of twenty-two (22) feet throughout a minimum of seventy percent (70%) of the structure. 3. Shall be placed on permanent foundations of wood or concrete. Subd. 5: HEIGHT AND YARD EXCEPTIONS. a) Chimneys, cooling towers, elevator bulk heads, fire towers, drive-in movie theater screens, grain elevators, silos, penthouses, stacks, tanks, water towers, pumping towers, radio or television towers, monuments, cupolas, steeples and mechanical appurtenances pertaining to and necessary to the permitted use of the district in which they are located, shall not be included in calculating the height of the principal structure. Wind energy towers and solar collectors will be allowed by the variance procedure provided under this Ordinance. b) Outside stairways, fire escapes, fire towers, porches, platforms, decks, balconies, boiler flues and other similar projections shall be considered as part of the building and not allowed as part of the required space for yards, courts or unoccupied space, provided, however, that this provision shall not apply to one (l) fireplace or one (1) chimney, not more than eight (8) feet in length and projecting not more than thirty (30) inches into the allowable side yard space nor cornices not exceeding sixteen (16) inches in width nor to platforms, terraces or steps below the first floor level, nor to unenclosed porches or other ground level unenclosed projections not over one (1) story in height which may extend into a front or rear yard not more than five (5) feet, or into a side yard not more than four (4) feet, but such platform shall be restricted from the five (5) foot required side yard in the residence district. 502.12-8 ORDINANCE 502 – ZONING ORDINANCE Subd. 6: INDEPENDENT SEWAGE TREATMENT SYSTEM PROVISIONS. a) Once available, all sewage and water facilities shall be connected to the Municipal sewer and water facilities within ninety (90) days of when said services become available. Where sewers are not constructed or in operation all sewage facilities shall be connected to approved septic tanks and disposal fields. This provision shall not apply to temporary construction sites, or portable units. b) Where access to a public sanitary sewer is not available hereunder, the building sewer shall be connected to an independent sewage treatment system complying with rules and regulations contained herein; as prescribed by the Minnesota Pollution Control Agency; and, as contained in all other local, state, or federal mandates. c) Rules and regulations applicable to independent sewage treatment systems contained within Minnesota Rules are hereby incorporated. d) The building owner/lessee shall be required to operate and maintain the Independent sewage treatment system in a sanitary manner, at all times, without City expense. e) Existing ISTS which are failing shall be required to be upgraded, replaced, or repaired in compliance with provisions herein contained and as set forth in Minnesota Rules, as applicable, within 180 days. f) All ISTS design, installation, alteration, repair, maintenance, pumping, and inspection activities shall be completed under a license or by a qualified employee, or as exempted under part 7080.0700, subpart 1 (Minnesota Rules). g) At such time as a public sewer becomes available to a property served by an independent sewage treatment system, and a direct connection is made to the public sewer and any septic tanks, cesspools, leaching pits, dry wells, seepage pits, privies, and similar private sewage disposal facilities shall be abandoned in compliance with Minnesota Rules, Chapter 7080.0176. h) No statement contained herein shall be construed to interfere with any additional requirements that may be imposed by the City or other authority. i) Permit Requirement. Prior to commencement of the construction or the alteration or repair of an independent sewage treatment system, an applicant must obtain a written permit from the City. The permit application shall include: 1. Site evaluation report by a licensed septic system designer including items identified in MN Rules Chapter 7080, and including a certified statement from the entity that conducted the evaluation. 502.12-9 ORDINANCE 502 – ZONING ORDINANCE 2. A design report and drawings created by a licensed septic system designer including calculations and summaries for all system component sizing. 3. Additional information as requested and provided for within this Ordinance. j) The City shall not issue a zoning permit for a bedroom or bathroom addition, or a system replacement on a property served by an ISTS unless the individual sewage treatment system is in compliance with applicable requirements hereunder as evidenced by a certificate of compliance. k) A permit for an ISTS shall not become effective until installation has been completed as certified by the City. The City shall be allowed to inspect the work at any stage of construction with or without notification. The applicant shall notify the building inspector when the ISTS is ready for final inspection, and before any underground portions are covered. l) RECORDKEEPING. 1. The City shall maintain copies of certificates of compliance, notices of noncompliance, permit applications, issued permits, enforcement proceedings, variance requests, and other actions taken. Said records shall be available for review as defined in MN Rules 7080. 2. The City shall submit an annual report to the commissioner to demonstrate enforcement of this Chapter, provided application has been made thereto. Subd. 7: LIGHTING STANDARDS. Any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion to welding shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which case light on a public street shall not exceed one (1) foot candle (meter reading) as measured from the center line of said street. Any light or combination of lights which cast light on residential property shall not exceed 0.4 foot candles (meter reading) as measured from said property. Subd. 8: POLLUTION. All uses shall comply with all federal, state and local pollution and nuisance laws and regulations, including, but not limited to, glare, smoke, dust, odors and noise. The burden of proof for compliance of appropriate performance standards shall lie with the applicant. Subd. 9: DWELLING UNIT RESTRICTIONS a) No cellar, basement, garage, tent or accessory building shall at any time be used as an independent residence or dwelling unit, temporarily or permanently. 502.12-10 ORDINANCE 502 – ZONING ORDINANCE b) Basements may be used as living quarters or rooms as a portion of residential dwellings. Rental unit(s) in basements shall be subject to provisions of the appropriate zoning district as well as the provisions of Ordinance #55 governing rentals. c) Tents, play houses or similar structures may be used for play or recreational purposes, but shall not be independent residences or dwelling units, except as provided for via license in licensed recreational camping areas. d) No dwelling shall hereafter be erected or altered unless there is direct access to it from a public street. Subd. 10: OUTDOOR STORAGE AND REFUSE. a) Outside storage. Residential Uses. 1. All outside storage of materials and equipment for residential uses (excluding farms) shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following: A. Clothes line pole and wire. B. Any combination of two or fewer licensed and operable recreational vehicles (RV’s, boats, snowmobiles on a trailer, etc.) and/or seasonal automobiles may be parked or stored on property outside a home, provided: i. If they are stored in the front yard they are stored entirely on an established driveway, entirely on the owner’s property. ii. If stored in the side yard they are at least five feet from the property line. iii. If stored in the rear yard they are at least ten feet from the rear lot line and five feet from a side lot line. iv. If stored on a corner lot they are not closer than twenty feet from the property line abutting a side street. v. Storage and/or parking of commercial vehicles and/or equipment, or any combination thereof, is prohibited. This section will not apply to light trucks classified as ½ ton and ¾ ton pickups, panels and sedans. Section 502.12 Subd 10a (1B) amended 10/10 502.12-11 ORDINANCE 502 – ZONING ORDINANCE C. Construction and landscaping material currently being used on the premises. D. On and off street parking of currently registered and operable passenger vehicles and trucks. E. Lawn furniture or furniture used and constructed explicitly for outdoor use. F. Rear or side yard exterior storage of firewood for the purpose of consumption only by the person(s) on whose property it is stored. b) Commercial/Industrial Uses. Except as allowed by district use provisions, outside storage of equipment, materials and inventory as a principal or accessory use for commercial and industrial uses shall require a special use permit subject to the provisions of this Ordinance and all non-residential outside storage shall conform to the following conditions: 1. The area occupied is not within a required front or required side yard. 2. The storage area is totally fenced, fully screened, and landscaped according to a plan approved by the City Administrator/Clerk. 3. If abutting a Residential District, or a residential use, screening and landscaping is provided according to a plan approved by the City Administrator/Clerk. 4. The storage area is covered to control dust and storm water drainage with bituminous surfacing, concrete or a comparable substitute approved by the City. 5. All lighting shall be directed away from the public right-of-way and from neighboring residences. c) Refuse. All lots within all zoning districts shall be maintained in a neat and orderly manner. No rubbish, salvage materials, junk, or miscellaneous refuse shall be openly stored or kept in the open, when the same is construed by the City Council to be a menace or nuisance to the public health, safety, or general welfare of the City, or to have a depressing influence upon property values in the area. d) Waste Materials. Waste materials are to be picked up and disposed of in accordance with any and all city standards applicable to refuse/waste materials. Excluded waste materials must be disposed of in a safe and appropriate manner in accordance with local, state, and federal law. Release of excluded waste materials to public or independent sewage treatment systems, the environment, or the solid waste stream is strictly prohibited. The Disposal Service shall, upon collection, 502.12-12 ORDINANCE 502 – ZONING ORDINANCE immediately assume title to and liability for solid waste materials, recyclables, and demolition debris. 502.12-13