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HomeMy WebLinkAboutOrdinance 502.62 EE-Educational-Ecclesiastical District ORDINANCE 502 – ZONING ORDINANCE Section 502.62: EE - EDUCATIONAL - ECCLESIASTICAL DISTRICT Subd. 1: Intent. It is the intent of this district to provide for an area occupied by public and private educational and ecclesiastical institutions. The institutions of the Sisters of the Order of Saint Benedict and the College of Saint Benedict predate the adoption of this Ordinance. The City recognizes the historic significance and cultural, religious and educational function of these institutions. However, this section is meant to prohibit the use of land by these and other educational facilities which would be incompatible with or detrimental to the essential character of land adjoining the Educational - Ecclesiastical District. Subd. 2: Permitted Uses. a) Convents b) Novitiates c) Colleges and Universities d) College Preparatory Schools e) Churches and Similar Uses f) College Owned Student Housing g) Grade Schools h) High Schools i) Vocational Schools Subd. 3: Uses Under Special Use Permit. The following uses shall require a special use permit based on the procedure set forth in this Ordinance: a) Streets and alleys which provide a means of ingress and egress to or from 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. b) Storage buildings for storage of equipment used in the maintenance of the property, not to exceed 30% of the gross square footage of the principal structure. 502.62-1 ORDINANCE 502 – ZONING ORDINANCE c) Swimming pools, tennis courts and other recreational facilities. All swimming pools must be fenced around the perimeter. The fence must meet the requirements of Section 502.12 Subd. 2 of this Ordinance. Subd. 5: Building Permit Required. Construction of facilities must be by a building permit issued by the building inspector to insure building code compliance, and all building permit applications must be reviewed and approved by the Fire Chief or Fire Marshall and the Planning Commission. A building permit must be issued by the building inspector and building plans approved by the Fire Chief or Fire Marshall and the Planning Commission for remodeling of existing facilities for a same or similar use. Subd. 6: Height Requirements. No building constructed in the Educational Ecclesiastical District shall be more than 3 stories or 40 feet in height. Berming the building does not allow a building to be constructed higher than 40 feet. Elevation for the building shall be determined by the average grade of the land. Steeples and similar unoccupied design features shall conform to the standards set forth in Section 502.12 Subd.5 (a). Subd. 7: Setback Requirements. a) The front yard of any building shall be 35 feet from the lot line. b) The side 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. c) The rear yard of any building shall be 20 feet from the lot line. Subd. 8: Site Coverage. No structure or combination of structures shall occupy more than 50 percent of the lot area. Subd. 9: Other Requirements: 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 not under the authority of a governmental unit shall be hooded and no light may directly strike any public right of way. c) Landscaping: In addition to requirements relating to parking lots, the Development Plan shall show a unified landscaping scheme for the development. d) Parking: i. All parking lots shall conform to the standards set forth in Section 502.10. All lots shall include parking controls and other landscaping techniques to improve their aesthetic quality and to direct the flow of traffic. 502.62-2 ORDINANCE 502 – ZONING ORDINANCE ii. The amount of required off-street parking space for new uses or buildings, additions thereto and additions to existing buildings shall be determined in accordance with the parking standards set forth in section 502.10 of the St. Joseph Code of Ordinances. The parking requirements can be adjusted if a parking study is completed illustrating the anticipated demand for parking and loading space, the length of visits generated by the particular business, and the availability of other parking spaces are provided. Section 502.62 Subd 9 amended 10/10 Subd. 10: Development Plan Requirements. No building permit shall be issued until the City Council approves the Development Plan after consulting with the Planning Commission 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 and City Council for any development located in the Educational-Ecclesiastical 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. f) Sign location and dimensions. g) Lighting standard and hood detail. h) Parking and loading areas identified. i) Drainage by the use of arrows and/or contours. j) Screening of heating, ventilation and air-conditioning equipment. k) Landscaping material including the location, type of plant and size. l) Fire hydrant and fire lane locations. m) Utility locations. n) Any other fencing, screening, or building accessories to be located in the development area. 502.62-3 ORDINANCE 502 – ZONING ORDINANCE o) When required, evidence of completion of National Pollutant Discharge Elimination System (NPDES) permitting program and/or the City of St. Joseph Storm Water Pollution Prevention Program (SWPPP). p) If applicable, evidence of compliance with federal, state and local pollution and nuisance laws and regulations, including, but not limited to glare, smoke, dust, odors and noise. The burden of proof for compliance with appropriate standards shall lie with the applicant. q) Required Fee/Agreement. 1. Payment Required. Any person filing a petition requesting development plan review shall pay a fee according to the schedule established by the City Council. 2. Amount. Fees payable under this section for development plan review shall be in an amount as established by resolution of the City Council. Preparation and review of all elements of the required development plan, as listed and described above, is to be at the sole expense of the developer and at no expense to the public. The fee is payable at the time of filing a petition and is not refundable. In addition to the above fees and in the event the City incurs professional fees, either legal, engineering or professional planners, or any other cost, including but not limited to, postage and publication expenses, the applicants shall reimburse the City for those fees, and the City officials may require an escrow deposit, cashier’s check or letter of credit for these fees prior to the final action on the application for development plan review. Such escrow or letter of credit shall be in the form approved by the City Attorney. 3. Development Agreement. In the event additional review by the City or its assigns is anticipated and/or needed during implementation of Development Plan, or other similar circumstance, the City shall require the property owner(s) and/or developer(s) enter into a development agreement with the City. The development agreement shall stipulate the conditions for approval and the City's authority to inspect the development. The agreement shall further require the owner or developer, as the case may require, furnish a cashier's check, escrow account or irrevocable letter of credit in favor of the City in an amount equal to 110% of all costs associated with City’s review of the development, including but not limited to, engineering, legal, fiscal and administrative, as estimated by the City. Such escrow or letter of credit shall be in the form approved by the City Attorney, shall be conditioned upon the approval of the development plan. 502.62-4