HomeMy WebLinkAboutOrdinance 502 Zoning Ordinance
ORDINANCE 502 – ZONING ORDINANCE
Section 502.01: TITLE AND CONTENTS
An ordinance repealing Ordinance 502 previously in effect pertaining the regulation of
land uses within the City and Ordinance 506 previously in effect pertaining to the regulation of
fences, and replacing them with Ordinance 502; Assigning Rules and Regulations for land uses,
defining certain terms, providing for amendments of the ordinance, establishing land us districts
and an official map and prescribing penalties for violations.
Subd. 1: Purpose. This Ordinance establishes regulations for the creation of zones for
the purpose of management of land use and for requiring permits for uses therein. This
Ordinance defines certain rules and defines terms used; outlines administrative procedures, and
makes provision for violation of this Ordinance. This Ordinance identifies districts and allowable
uses; provides for accessory and conditional uses; lot, yard, area and height requirements. It
replaces existing Ordinances or parts of Ordinances inconsistent herewith.
This ordinance shall be known as "THE ZONING ORDINANCE OF THE CITY OF ST.
JOSEPH, STEARNS COUNTY, STATE OF MINNESOTA," and will be referred to therein as
"this Ordinance."
Subd. 2: Contents.
TITLE AND CONTENTS ................................................................. Sect. 502.01
PURPOSE & INTENT ...................................................................... Sect. 502.02
JURISDICTION, APPLICATION, INTERPRETATION AND
SEPARABILITY................................................................................ Sect. 502.03
RULES AND DEFINITIONS............................................................. Sect. 502.04
ENFORCEMENT, VIOLATIONS AND PENALTIES....................... Sect. 502.05
BUILDING PERMITS REQUIRED ................................................... Sect. 502.06
ADMINISTRATION .......................................................................... Sect. 502.07
VARIANCES .................................................................................. Sect. 502.07.2
SPECIAL USE PERMITS ............................................................... Sect. 502.07.3
INTERIM USE PERMITS .............................................................. Sect. 502.07.4
TEXT AMENDMENTS AND REZONING .................................... Sect. 502.07.5
NON-CONFORMANCE .................................................................... Sect. 502.08
PUD – PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT Sect. 502.09
OFF-STREET PARKING .................................................................. Sect. 502.10
SIGNS ................................................................................................ Sect. 502.11
GENERAL PERFORMANCE STANDARDS.................................... Sect. 502.12
ACCESSORY BUILDINGS ........................................................... Sect. 502.12.1
FENCES .......................................................................................... Sect. 502.12.2
SCREENING & LANDSCAPING .................................................. Sect. 502.12.3
BUILDING AND LOT RESTRICTIONS........................................ Sect. 502.12.4
502.01-1
ORDINANCE 502 – ZONING ORDINANCE
HEIGHT AND YARD EXCEPTIONS ............................................ Sect. 502.12.5
INDEPENDENT SEWAGE TREATMENT
SYSTEMS ....................................................................................... Sect. 502.12.6
LIGHTING...................................................................................... Sect. 502.12.7
POLLUTION .................................................................................. Sect. 502.12.8
DWELLING UNIT RESTRICTIONS ............................................. Sect. 502.12.9
OUTDOOR STORAGE AND REFUSE ........................................ Sect. 502.12.10
MOVING OF BUILDINGS................................................................ Sect. 502.13
MANUFACTURED HOME PARKS ................................................. Sect. 502.14
ADULT ENTERTAINMENT ESTABLISHMENTS .......................... Sect. 502.15
HOME OCCUPATIONS .................................................................... Sect. 502.16
MINING/EXTRACTIVE USES ......................................................... Sect. 502.17
SURFACE (STORM) WATER MANAGEMENT ............................. Sect. 502.18
LAND, WOODLAND AND WETLAND
PRESERVATION .............................................................................. Sect. 502.19
SHORELAND OVERLAY DISTRICT .............................................. Sect. 502.20
TRANSPORTATION CORRIDOR OVERLAY DISTRICT SITE
AND DESIGN STANDARDS ........................................................... Sect. 502.21
RESERVED ....................................................................................... Sect. 502.22
RESERVED ...................................................................................... Sect. 502.23
RESERVED ....................................................................................... Sect. 502.24
ZONING DISTRICT BOUNDARIES AND GENERAL
PROVISIONS .................................................................................... Sect. 502.25
AGRICULTURAL DISTRICT ........................................................... Sect. 502.26
RESERVED ....................................................................................... Sect. 502.27
RESERVED ....................................................................................... Sect. 502.28
RESERVED ....................................................................................... Sect. 502.29
R-1: SINGLE FAMILY RESIDENTIAL DISTRICT.......................... Sect. 502.30
RESERVED ....................................................................................... Sect. 502.31
RESERVED ....................................................................................... Sect. 502.32
RESERVED ....................................................................................... Sect. 502.33
R-2: TWO FAMILY RESIDENTIAL DISTRICT .............................. Sect. 502.34
RESERVED ....................................................................................... Sect. 502.35
RESERVED ....................................................................................... Sect. 502.36
RESERVED ....................................................................................... Sect. 502.37
R-3: MULTIPLE FAMILY RESIDENTIAL DISTRICT .................... Sect. 502.38
RESERVED ....................................................................................... Sect. 502.39
RESERVED ....................................................................................... Sect. 502.40
RESERVED ....................................................................................... Sect. 502.41
R-4: TOWNHOUSE/PATIO HOME RESIDENTIAL DISTRICT ...... Sect. 502.42
RESERVED ....................................................................................... Sect. 502.43
RESERVED ....................................................................................... Sect. 502.44
RESERVED ....................................................................................... Sect. 502.45
B-1: CENTRAL BUSINESS DISTRICT ............................................ Sect. 502.46
RESERVED ....................................................................................... Sect. 502.47
RESERVED ....................................................................................... Sect. 502.48
RESERVED ....................................................................................... Sect. 502.49
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ORDINANCE 502 – ZONING ORDINANCE
B-2: HIGHWAY 75 BUSINESS DISTRICT ...................................... Sect. 502.50
RESERVED ....................................................................................... Sect. 502.51
RESERVED ....................................................................................... Sect. 502.52
RESERVED ....................................................................................... Sect. 502.53
B-3: GENERAL BUSINESS DISTRICT ............................................ Sect. 502.54
RESERVED ....................................................................................... Sect. 502.55
RESERVED ....................................................................................... Sect. 502.56
RESERVED ....................................................................................... Sect. 502.57
L-1: LIGHT INDUSTRIAL DISTRICT.............................................. Sect. 502.58
RESERVED ....................................................................................... Sect. 502.59
RESERVED ....................................................................................... Sect. 502.60
RESERVED ....................................................................................... Sect. 502.61
EE DISTRICT .................................................................................... Sect. 502.62
RESERVED ....................................................................................... Sect. 502.63
RESERVED ....................................................................................... Sect. 502.64
RESERVED ....................................................................................... Sect. 502.65
PUBLIC DISTRICT ........................................................................... Sect. 502.66
RESERVED ....................................................................................... Sect. 502.67
RESERVED ....................................................................................... Sect. 502.68
RESERVED ....................................................................................... Sect. 502.69
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ORDINANCE 502 – ZONING ORDINANCE
Section 502.02: 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 of the 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 of land 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 fix reasonable standards to which buildings, structures and land shall
conform for the benefit of all.
Subd. 8: To prohibit the use of buildings, structures and lands that are incompatible with
the intended use or development of lands within the specified zones.
Subd. 9: To limit congestion in the public streets and protect the public health and
welfare by providing for the off-street parking of vehicles and vehicle loading areas.
Subd. 10: To protect against fire, explosion, noxious fumes, pollution of the environment
and other hazards in the interest of the public health, comfort and general welfare.
Subd. 11: To define and limit the powers and duties of the administrative officers and
bodies provided for herein.
Subd. 12: To promote and preserve open areas, corridors and wetlands.
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ORDINANCE 502 – ZONING ORDINANCE
Section 502.03: JURISDICTION, APPLICATION, INTERPRETATION AND
SEPARABILITY
Subd. 1: Jurisdiction. The jurisdiction of this Ordinance shall apply within the Corporate
limits of the City and the unincorporated area within two (2) miles of its limits; provided that
where a municipality lies less than four (4) miles from the limits of St. Joseph, these regulations
shall apply only to a line equally distant from St. Joseph and said municipality; and provided
further, that the governing body of unincorporated areas adjacent to the City have not adopted
ordinances for the regulation of zoning.
Subd. 2: Application and Interpretation. In their application and interpretation, the
provisions of this Ordinance shall be held to be the minimum requirements for the promotion of
the public health, safety and welfare.
a) Where the conditions imposed by any provision of this Ordinance are either more
or less restrictive than comparable conditions imposed by any law, ordinance,
Minnesota statute, resolution, or regulation of any kind, the regulations which are
more restrictive or which impose higher standards or requirements shall prevail.
b) No structure shall be erected, converted, enlarged, reconstructed or altered
without first obtaining a building permit, and no structure or land shall be used for
any purpose nor in any manner which is not in conformity with the provisions of
this Ordinance.
c) Except as herein provided no building, structure or premises shall hereafter be
used or occupied and no building permit shall be granted that does not conform to
the requirements of this Ordinance.
d) This Ordinance is not intended to abrogate any easement, covenant, or any other
private agreement provided that where the regulations of this Ordinance are more
restrictive 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
permit from 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 said judgment. If any court of competent jurisdiction
shall judge invalid the application of any provision of this Ordinance to a 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.
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ORDINANCE 502 – ZONING ORDINANCE
Section 502.04: 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 permissive; all measured distances
shall be to the nearest integral foot; whenever a word or term 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 terms are herein defined as follows:
Subd. 1: Accessory Building. A subordinate building or structure on the same lot or
attached to the main building, occupied 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 premises.
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 terms are specifically defined in Section 502.15, Subd.
2(g) of this Ordinance.
Subd. 4: Alley. A public right-of-way usually twenty feet or less in width which
normally affords 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.
Subd. 7: Automobile Wrecking or Junkyard. A place maintained for keeping, storing or
piling in commercial quantities, whether temporarily, irregularly, or continually; buying or
selling at retail or wholesale any old, used or second-hand material of any kind, including used
motor vehicles, machinery, and/or parts thereof, cloth, rugs, clothing, paper, rubbish, bottles,
rubber, iron or other metals or articles which from its worn condition render it practically useless
for the purpose for which it was made and which is commonly classed as junk. This shall
include a lot or yard for the keeping of unlicensed motor vehicles or the remains thereof for the
purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. This shall not
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ORDINANCE 502 – ZONING ORDINANCE
prohibit the keeping of one unlicensed motor vehicle within a garage or other structure in
residential districts or two unlicensed motor vehicles not including farm implements within a
farm in the agricultural district.
Subd. 8: Basement/Cellar. A story having part but not more than one-half its height
above the average level of the adjoining finished grade.
Subd. 9: Billboard. A poster panel board, painted bulletin board or other communication
device \[A sign\] which is used to advertise products, goods and /or services which are not
exclusively related to the premises on which the sign is located.
Subd. 10: Bed and Breakfast. An owner occupied single family residence that provides
overnight accommodations to a limited number of visitors for a charge, not to exceed a stay of
seven consecutive nights.
Subd. 11: Boarding House or Rooming House. See Lodging House.
Subd. 12: Building. Any structure, either temporary or permanent having a roof, and
used or built for the shelter or enclosure of any person, animal or chattel or property of any kind.
When separated by bearing walls without openings, each portion so separated shall be considered
a separate building.
Subd. 13: Buildable Area. That part of the lot remaining after required yards have been
provided.
Subd. 14: Building Principal. A building or structure in which is conducted the main or
principal use of the lot on which said building or structure is situated.
Subd. 15: Building Height. The vertical distance measured from the average ground
level adjoining the building to the highest point on the roof surface if a flat roof, to the deck line
of mansard roofs, and to the mean height level between eaves and ridge of gable, hip and
gambrel roofs.
Subd. 16: Building Setback Line. The front line of the building or the legally established
line which determines the location of the building with respect to the right-of-way line.
Subd. 17: Carport. A structure having a roof supported by columns but not otherwise
enclosed and which is permanently attached to a dwelling.
Subd. 18: Church. Shall be as defined by the Internal Revenue Service.
Subd. 19: Clear-cutting. The removal of an entire stand of vegetation.
Subd. 20: Conditional Use. A use, which because of special problems, requires
reasonable, special, unusual or extraordinary limitations particular to the use for the protection of
the public welfare and integrity of the St. Joseph Comprehensive Plan.
502.04-2
ORDINANCE 502 – ZONING ORDINANCE
Subd. 21: Day Care- Home. A family dwelling in which foster care, supervision and
training for children is provided during part of the day with no overnight accommodations and
where children are delivered and removed daily.
Subd. 22: District. A section of the City of St. Joseph for which the regulations
governing the use of buildings and premises, the height of buildings, the size of yards, the
intensity of use are uniform.
Subd. 23: Duplex, triplex and quad. A dwelling structure on a single lot having two,
three and four units, respectively, being attached by common walls and each unit equipped with
separate sleeping, cooking, eating, living and sanitation facilities.
Subd. 24: Dwelling. A building or portion thereof, designed exclusively for a residential
occupancy, including one family, two family and multiple family dwellings but not including
hotels, motels and boarding house.
Subd. 25: Dwelling, Attached. A dwelling unit which is joined to another unit or
building at one or more sides by a party wall or walls.
Subd. 26: Dwelling, Detached. A dwelling unit which is entirely surrounded by open
space on the same lot.
Subd. 27: Dwelling - Multiple. A building used or intended to be used as a dwelling by
three or more families, where each dwelling unit is divided by wall extending the full height of
the ceiling. Each unit is capable of individual use and maintenance without trespassing upon
adjoining properties, and utilities and service facilities are independently serviceable.
Subd. 28: 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. 29: Dwelling - Two Family. A dwelling so designed and arranged to provide
cooking and kitchen accommodations and sanitary facilities for occupancy by two families.
Subd. 30: Easement. A temporary or permanent grant by a property owner for the use of
a strip or area of land for purposes including but not limited to the constructing and maintaining
of utilities, sanitary sewer, water mains, electric lines, telephone lines, storm sewer or storm
water drainageway, and gas lines.
Subd. 31: 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 of this Ordinance, be considered to constitute one family.
502.04-3
ORDINANCE 502 – ZONING ORDINANCE
b) With respect to any property validly licensed as a rental unit pursuant to Section
505.11 of the St. Joseph Code of Ordinances, as of October 15, 1990, the
definition of "family" which existed prior to October 15, 1990, shall continue to
apply. This prior definition had defined "family" as up to five unrelated persons.
The application of this prior definition to existing rental units shall be construed
as a non-conforming use as limited by Section 502.08 of the St. Joseph Code of
Ordinances and shall be transferable. A lapse or revocation of the rental license
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 "family" as set forth in paragraph (a) above.
502.29, Subd. 31 amended 3/2004.
Subd. 32: Farm. An area which is used for the growing of the usual farm products, such
as vegetables, fruit, trees, and grain and their storage.
Subd. 33: Farmers Market. Area used for the sale of produce grown by local and
regional producers.
Subd. 34: Flood. A temporary rise in stream flow or stage that results in inundation of
the area adjacent to the channel.
Subd. 35: Floodplain. The channel or beds proper and areas adjoining a watercourse
which have been or hereafter may be covered by a regional flood. Floodplain areas within the
City shall encompass all areas designated as such on the Federal Emergency Management
Agency’s Special Flood Hazard Boundary Map.
Subd. 36: Floodway. The channel of a watercourse, bed of a wetland or lake, and those
portions of the adjoining floodplains reasonably required to carry and discharge a regional flood.
Subd. 37: Floor Area Ratio. The numerical value obtained through dividing the gross
floor area of a building or buildings by the total area of the lot or parcel of land on which such
building or buildings are located.
Subd. 38: Frontage. All the property on one side of a street between two intersecting
streets (crossing or terminating) measured along the line of the street, or if the street is dead
ended, then all the property abutting on one side between an intersecting street and the dead end
of the street.
Subd. 39: Garage, Private. An accessory building designed or used for the storage of not
more than three power-driven vehicles owned and used by the occupants of the building to which
it is accessory.
Subd. 40: Garage, Public. Any premises, except those described as a private garage,
used for the storage or care of power driven vehicles or where any such vehicles are equipped for
operation, repaired or kept for remuneration, hire or sale.
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 41: Gasoline Service Station. A building or structure designed or used for the
retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor
vehicles, and including the customary space and facilities for the installation of such
commodities on or in such vehicles, but not including special facilities for the painting, major
repair or similar servicing thereof.
Subd. 42: Grade, Street. The elevation of the established street in front of the building
measured at the center of such front. Where no such street grade has been established, the City
Engineer shall establish such street grade or its equivalent for the purpose of this Ordinance.
Subd. 43: Home Occupation. Any occupation or profession engaged in by the occupant
of a residential dwelling unit, which is clearly incidental and secondary to the residential use of
the premises and does not change the character of said premises, in accordance with regulations
specified within this Ordinance.
Subd. 44: 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. 45: Hydric Soils. Soils that are saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper part.
Subd. 46: Hydrophytic Vegetation. Macrophytic plant life growing in water, soil or on
substrata that is at least periodically deficient in oxygen as a result of excessive water content.
Subd. 47: Impervious Surface. An artificial or natural surface through which water, air
or roots cannot penetrate.
Subd. 48: Institution. A building occupied by a non-profit corporation or a non-profit
establishment for public use.
Subd. 49: Intensive vegetation clearing. The complete removal of trees or shrubs in a
contiguous patch, strip, row or block.
Subd. 50: Interim Use. A use which requires an interim use permit. Interim Use Permits
are granted by the City Council for a specific period of time in accordance with procedures
specified in this Ordinance.
Subd. 51: Kennel. Any place where three or more dogs over six months of age are
boarded, bred and/or offered for sale, except a veterinary clinic. Dog kennels shall be permitted
only in areas specifically zoned for such use.
Subd. 52: Land Disturbing or Development Activities. Any change of the land surface
including removing vegetative cover, excavating filling, grading and the construction of any
structure.
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 53: Lodge. A building operated by a fraternal or veterans 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. 54: Lodging House Dormitories, Fraternities and Sorority Houses. A building or
place where lodging is provided (or which is equipped regularly to provide lodging) by
prearrangement for definite periods, for compensation, 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. 55: Lot. A parcel of land 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 frontage upon a
street or upon an officially approved place.
Subd. 56: Lot Area. The square footage contained within a particular parcel of real
property.
Subd. 57: Lot, Buildable. A buildable lot is that square footage required by this zoning
Ordinance for a particular zone.
Subd. 58: Lot, Corner. A lot situated at the intersection of two streets, the interior angle
of such intersection not exceeding 135 degrees.
Subd. 59: Lot, Coverage. The part or percentage of the lot occupied by buildings or
structures, including accessory building structures.
Subd. 60: Lot Depth. The mean horizontal distance between the front and rear lot lines.
Subd. 61: Lot, Double Frontage. A lot having a frontage on two non-intersecting streets,
as distinguished from a corner lot.
Subd. 62: Lot Frontage. The front 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. 63: Lot Line. A property line of any lot held 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.
Subd. 64: 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
bounds, the deed to which has been recorded in the Office of the Stearns County Recorder prior
to the effective date of this Ordinance.
Subd. 65: Lot Width. The horizontal distance between the side lot lines measured at
right angles to the lot and depth at the established front building line.
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 66: Manufacturing. Combining machinery, tools, power and labor to bring
material closer to a final state.
Subd. 67: Manufacturing - Heavy. The manufacture, compounding, processing,
packaging, treatment or assembly of products and materials that may emit objectionable,
hazardous and/or offensive influences; including but not limited to: odors, material/byproduct
discharges, dust, glare, ash, smoke, vibration and noise beyond the lot on which the use is
located.
Subd. 68: Manufacturing – Light. Uses which include the manufacture, compounding,
processing, packaging, treatment or assembly of products and materials provided such use will
not generate objectionable and/or offensive influences; including but not limited to: odors,
material/byproduct discharges, dust, glare, ash, smoke, vibration and noise beyond the lot on
which the use is located.
Subd. 69: Manufactured Home. A structure, transportable in one or more sections,
which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or
more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and
which is built on a permanent foundation when connected to the required utilities, and includes
the plumbing, heating, air conditioning and electrical systems contained therein; except that the
terms includes any structure which meets all the requirements with respect to which the
manufacturer voluntarily files a certification required by the City Administrator/Clerk and
complies with the standards established under this Ordinance and which meets the Manufactured
Home Builders Code as defined in Minnesota Statutes 327.32, Subd. 3.
'
Subd. 70: Manufactured Home Park. Any site, lot, field or tract of land upon which two
or more occupied manufactured homes are located, either free of charge or for compensation,
and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of
the equipment of the manufactured home park.
Subd. 71: Modular Home. A non-manufactured housing unit that is basically fabricated
at a central factory and transported to a building site where final installations are made
permanently affixing the module to the site.
Subd. 72: Motel. See Hotel.
Subd. 73: Motor Vehicle Wrecking, Junkyard, or Recycling Centers. A place
maintained for keeping, storing or piling in commercial quantities, whether temporarily,
irregularly, or continually; buying or selling at retail or wholesale any old, used or second-hand
material of any kind, including used motor vehicles, machinery, and/or parts thereof, cloth, rugs,
clothing, paper, rubbish, bottles, rubber, iron or other metals or articles which from its worn
condition render it practically useless for the purpose for which it was made and which is
commonly classed as junk. This shall include a lot or yard for the keeping of unlicensed motor
vehicles or the remains thereof for the purpose of dismantling, sale of parts, sale as scrap, storage
or abandonment. This shall not prohibit the keeping of one unlicensed motor vehicle within a
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ORDINANCE 502 – ZONING ORDINANCE
garage or other structure in residential districts or two unlicensed motor vehicles not including
farm implements within a farm in the agricultural.
Subd. 74: Non-Conforming Lot. A lot which does not comply with the minimum lot
area or frontage requirements of the district in which it is located.
Subd. 75: Non-Conforming Use of Land. Any use of a lot which does not conform to
the applicable use regulations of the district in which it is located.
Subd. 76: Non-Conforming Use of Structure. A use of a structure which does not
conform to the applicable use regulations of the district in which it is located.
Subd. 77: Office Building. A building designed or used primarily for office purposes, no
part of which is used for manufacturing or for dwelling.
Subd. 78: Ordinary High Water Level. The elevation of the boundary of public waters,
watercourses and wetlands delineating the highest water level which has been maintained for a
sufficient period of time to leave evidence upon the landscape, commonly that point where the
natural vegetation changes from predominantly aquatic to predominately terrestrial. For
watercourses, the ordinary high water level is the elevation of the top of the bank of the channel.
Subd. 79: Parking Lot. Three or more parking spaces, along with the driveway
connecting the parking spaces to the street or alley and permitting satisfactory ingress and egress
of an automobile and the driving lane between or servicing the parking spaces.
Subd. 80: Parking Space. A durably surfaced area enclosed in the main building, in an
accessory building or unenclosed, comprising an area of not less than 171 square feet, exclusive
of a durably surfaced drive-way connecting the parking space with a street or alley and
permitting satisfactory ingress and egress of an automobile.
Subd. 81: Patio Home. A single family attached or detached unit and structure
constructed on a relatively small parcel of property consisting of a one level living area.
Subd. 82: Permitted Use. A use which may be lawfully established in a particular
district or districts, provided it conforms with all requirements and performance standards (if
any) of such district.
Subd. 83: Person. Any individual, corporation, firm, partnership, association,
organization or other group acting as a unit. It also 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. 84: Planned Unit Development. A large lot or tract of land developed as a unit
rather than as individual development where in two or more buildings may be located in
relationship to each other rather than to lot lines or zoning district boundaries.
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 85: Principal Use. The main use of land or buildings as distinguished from
subordinate or accessory uses.
Subd. 86: Property Owner. Any person, group of persons, association, corporation, or
any other legal entity having a freehold estate interest, leasehold interest extending for a term, or
having renewal options for a term in excess of one year, a dominant easement interest, or an
option to purchase any of the same, but not including owners of interest held for security
purposes only.
Subd. 87: Public Waters. Any waters as defined in Minnesota Statutes, Section 105.37,
subdivisions 14 and 15.
Subd. 88: Recreational Vehicle. A vehicular or portable structure used for amusement,
vacation or recreational activities, including but not limited to travel trailers, motor homes,
camping trailers, boats, jet skis, ATV’s and snowmobiles.
Subd. 89: Rooming House. See Lodging House.
Subd. 90: Screening. The use of plant materials, fences or earthen berms to partially
conceal the separate land use from the surrounding land use.
Subd. 91: Semi public use. The use of land by a private, nonprofit organization to
provide a public service that is ordinarily open to some person outside the regular constituency
of the organization.
Subd. 92: Setback Line. The mean horizontal distance between the front street,
right-of-way line and the front line of the building or the allowable building line as defined by
the front yard regulations of this Ordinance.
Subd. 93: Shore impact zone. Land located between the ordinary high water level of a
public water and a line parallel to it at a setback of 50 percent of the structure setback.
Subd. 94: Shoreland. Land located within the following distances from public waters:
1,000 feet from the ordinary high water level of a lake, pond or flowage; and 300 feet from a
river or stream, or the landward extent of a floodplain designated by ordinance on a river or
stream whichever is greater. The shoreland limits may be reduced whenever the waters involved
are bounded by topographic divides which extend landward from the waters for lesser distances
and when approved by the Commissioner.
Subd. 95: Sign. A name, identification, description, display, illustration or device which
is affixed to or represented directly or indirectly upon a building, structure or land in view of the
general public and which directs attention to a product, place, activity, person, institution or
business.
Subd. 96: Special Use. A use, which because of unique characteristics, cannot be
classified as a permitted use in a particular district. Special use permits may be granted in
accordance with Section 502.07.03.
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 97: Stable. A building accommodating one or more horses.
Subd. 98: Story. That portion of a building other than a basement/cellar, including
between the surface of any floor and the surface of the floor next above it or if there be no floor
above it, then the space between the floor and a ceiling next above it.
Subd. 99: Story - Half. A space under a sloping roof which has the line of intersection of
roof decking and wall face not more than three feet above the top floor level and in which space
not more than 60% of the floor area is finished off for use. A half-story may be used for
occupancy only in conjunction with and by occupancy of the floor immediately below.
Subd. 100: Street. All property dedicated or intended for public street, highway, freeway
or road-way purposes and subject to public easements therefore.
Subd. 101: Street – Frontage. The proximity of a parcel of land to one or more streets.
An interior lot has one street frontage and a corner lot has two street frontages. For purposes of
addressing a building, the front shall be the street side in which the structure’s front door faces.
For setback regulations, both streets shall be considered frontages.
Subd. 102: Structure. Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a permanent location on the
ground, including but without limiting the generality of the foregoing advertising signs,
billboards, backstops for tennis courts and pergolas.
Subd. 103: Structural Alterations. Any change in the supporting members of a building
such as bearing walls or partitions, columns, beams or girders or any substantial change in the
roof or exterior walls.
Subd. 104: Townhouse and Condominium. Single family attached units and structures
housing three or more dwelling units contiguous to each other only by the share of one common
wall between each unit.
Subd. 105: Use. The purpose for which land or buildings thereon are designed, arranged
or intended to be occupied or used, or for which they are occupied or maintained.
Subd. 106: Use – Accessory. The use incidental or accessory to the principal use of the
lot or a building located on the same lot with a building but detached therefrom.
Subd. 107: Use – Incompatible. A use which is incapable of direct association with
other uses because it is contradictory, incongruent or discordant.
Subd. 108: Use – Special. A use either public or private, which, because of the unique
characteristics, cannot be properly classified as a permitted use in a particular district. After due
consideration each case, of the impact of such use upon a neighboring land, and of the public
need for the particular use at the particular location, such “ special use” may or may not be
granted.
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 109: Vacation. The act of relinquishing a recorded dedication or easement as in a
street right-of-way, utility easement, etc.
Subd. 110: Variance. The waiving of specific literal provisions of the zoning ordinance
in instances where their strict enforcement would cause undue hardship because of circumstances
unique to the individual property under consideration. A change in the allowable use within a
district shall not be considered a variance.
Subd. 111: Waterbody. A body of water (lake, pond) in a depression of land or
expanded part of a river or an enclosed basin that holds water and is surrounded by land.
Subd. 112: Watercourse. A channel or depression through which water flows, such as
rivers, streams or creeks and may flow year around or intermittently.
Subd. 113: Watershed. The area drained by the natural and artificial drainage system,
bounded peripherally by a bridge or stretch of high land dividing drainage areas.
Subd. 114: Wetlands. The City adopts the definition of a Wetlands as contained in
Minn. Stat. 103G.005, Subd. 19. Designations of the Stearns County Environmental Services
'
office of wetlands shall be presumed as accurate when determining the location of wetlands.
Subd. 115: Yard. An open space on the same lot with a building, unoccupied and
unobstructed by any portion of a structure from the ground upward, except as otherwise provided
herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of
a front yard or the depth of a rear yard, the mean and horizontal distance between the lot line and
the main building shall be used.
Subd. 116: Yard, Front. A yard extending across the front of the lot between the side lot
lines and lying between the front line of a lot and the nearest line of the building.
Subd. 117: Yard, Rear. A yard extending across the full width of a lot and lying between
the rear line of a lot and the nearest line of the building.
Subd. 118: Yard, Side. A yard between the side line of the lot and the nearest line of the
building and extending from the front line of a lot to the rear yard.
Subd. 119: Zoning District. An area or areas within the limits of the City for which the
regulations and requirements governing use, lot and bulk of buildings and premises are uniform.
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ORDINANCE 502 – ZONING ORDINANCE
Section 502.05: ENFORCEMENT/VIOLATIONS AND PENALTIES
Subd. 1: Enforcement. This Ordinance shall be enforced by the City Council. The City
Administrator/Clerk may institute in the name of the City of St. Joseph any appropriate action or
proceedings against a violator as provided by law.
Subd. 2: Violations and Penalties. Any person who shall violate any of the provisions
hereof or who shall fail to comply with any of the provisions hereto or who shall make any false
statement in any document required to be submitted under the provisions hereof, shall be guilty
of a misdemeanor, and each day that a violation is permitted to exist shall constitute a separate
offense.
502.05-1
ORDINANCE 502—ZONING ORDINANCE
Section 502.07: ADMINISTRATION
Subd. 1: Board of Appeals and Adjustments.
a) Board. Members of the City Planning Commission shall serve as members of the
Board of Appeals and Adjustments for periods commensurate with their
respective terms of office as members of the City Planning Commission. The City
Council shall appoint the City Administrator/Clerk of the Board as the Secretary.
b) 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. If only
four members of the Board are present, a unanimous vote is required. The
Chairman of the Planning Commission shall be the Chairman of the Board.
Subject to the provisions of this Ordinance, the Board may adopt rules necessary
to the conduct of its affairs. The Chairman or, in his absence, the acting
Chairman, 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.
C) Powers and Duties of Board.
1. 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 determination 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 consideration.
2. Planning Commission Duties Distinguished. The Planning Commission
shall have the power to consider special use permit applications and
applications for amendments to the zoning ordinances or rezoning.
3. Review of Appeals Decisions. No permit shall be issued under the
provisions of this section unless and until a decision of the board, as
aforesaid, approving the same, is approved and confirmed by the City
Council. In reporting its decision to the City Council, the board shall
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ORDINANCE 502—ZONING ORDINANCE
report its findings with respect thereto and all facts in connection
therewith, and shall specifically and fully set forth any adjustment or
variance granted and the conditions designated. Upon receipt of such
report, the Council either shall by resolution approve and confirm the
decision, whereupon the permit as applied for may be issued, or shall
refuse to approve and confirm the decision. In all cases in which
adjustments or variances are granted under the provisions of this section,
the Board and Council shall require such evidence and guarantees as it
may deem necessary to insure compliance with the conditions designated
in connection therewith.
Subd. 2: Variances.
a) Administration. A variance may be granted to allow a property owner to deviate
from the specific development standards applicable to a particular district. A variance
shall not be granted to allow a use that is not otherwise permitted in the district
involved.
In granting a variance the Board, or the Council in reviewing the Board's decision,
may prescribe appropriate conditions in conformity with this Ordinance to protect
properties and the health and safety of persons residing or working in the
neighborhood. In recommending any adjustment or variance under the provision of
this Section, the Board of Zoning Adjustment shall designate such conditions in
connection therewith as well, in its opinion, secure substantially the objectives of the
regulation to which the adjustment or variance is granted, as to light, air and the
public health, safety, comfort, convenience and general welfare.
Section 52.07,Subd.2(a)amended 11/11
When such conditions are made part of the terms under which the variance is granted,
violation of the conditions is a violation of this Ordinance. A variance shall not be
granted by the Board, or by the Council upon review, unless they find the following
facts:
1. The variance requested is consistent with the adopted St. Joseph
Comprehensive Plan.
2. The variance requested is harmonious with the general purposes and intent
of the governing Zoning District Ordinance.
3. The applicant establishes that there are `practical difficulties' in
complying with the zoning ordinance. Practical difficulties as used in
connection with the granting of a variance shall mean:
a. The property owner proposes to use the property in a reasonable
manner not permitted by the zoning ordinance.
b. The plight of the landowner is due to the circumstances unique to the
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ORDINANCE 502—ZONING ORDINANCE
property not created by the landowner
c. The variance, if granted will not alter the essential character of the
locality.
4. Economic considerations alone shall not constitute practical difficulties
under the terms of this Ordinance.
5. Practical difficulties shall include, but are not limited to, inadequate access
to direct sunlight for solar energy systems.
6. Variances shall be granted for earth sheltered construction as defined in
MN Statute 216C.06, Subd. 14 as may be amended, when in harmony with
the zoning ordinance.
Section 52.07,Subd.2(a)1-7 amended 11/11
b) Variance Procedure. Application for a variance or appeal under the provisions of
this section shall be made to the City Administrator/Clerk in the form of a written
application, called a Development Review Application. The Development
Review Application must be submitted three weeks prior to a variance request.
1. The City Administrator/Clerk shall review all Development Review
Applications and upon completion of the requirements of the application
shall schedule a public hearing. The City Administrator/Clerk 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
determined by the City Administrator/Clerk. Such notice shall also be
published in the official newspaper within the above time period. Failure
of a property owner to receive said notice shall not invalidate any such
proceedings.
2. A variance of this Zoning Ordinance shall be by majority vote of the full
Board of Appeals and Adjustments.
3. If the Board of Appeals and Adjustments determines that the application
be granted, the Board of Appeals and Adjustments 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 and confirm the decision, whereupon the permit as
applied for may be issued, or shall refuse to approve and confirm the
decision. 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.
4. 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
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ORDINANCE 502—ZONING ORDINANCE
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 Council by filing a written request of appeal with
the City Administrator/Clerk ten (10) days after receipt of the written
denial from the Board of Appeals and Adjustments. 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.
C) Successive Applications. Whenever an application for a variance has been
considered and denied by the City Council, a similar application for a variance
affecting substantially the same property shall not be considered again by the
Planning Commission or City Council for at least six (6) months from the date of
its denial, unless a decision to reconsider such matter is made by not less than
four-fifths (4/5) vote of the full City Council.
d) Lapse of Variance. If within 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.
Subd. 3: Special Use Permit.
a) Purpose and Scope. The purpose of this Section of the Zoning Ordinance is to
provide the Planning Commission and City Council with a reasonable degree of
discretion in determining the suitability of certain designated uses upon the
general welfare and public safety.
b) Issuance. Special use permits may be issued for any of the following:
1. Any of the uses or purposes for which such permits are required or
permitted by the provisions of this Ordinance.
2. Public utility or public service uses or public building in any district when
found to be necessary for the public health, safety, convenience or welfare.
3. To classify as a conforming use any non-conforming institutional use
existing in any district at the time of the establishment of such district.
C) Application. Applications for Special Use Permits and required fees shall be
submitted the City Administrator/Clerk. The application shall be accompanied by
a site plan containing such information as is necessary to show compliance with
this Ordinance, including but not limited to:
1. Description of site (legal description).
2. Site plan drawn at scale showing parcel and building dimensions.
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ORDINANCE 502—ZONING ORDINANCE
3. Location of all buildings and their square footage, and the location of
easements.
4. Curb cuts, driveways, access roads, parking spaces, off-street loading
areas and sidewalks.
5. Landscaping and screening plans.
6. Drainage and erosion control plan with pertinent elevations.
7. Sanitary sewer and water plan with estimated use per day.
8. Soil type, the location of wetlands as defined by Minnesota Statute
1036.005, Subd. 19, or absence thereof as verified by a statement from the
Stearns County Environmental Services Office.
9. Any additional written or graphic data reasonably required by the City
Administrator/Clerk or the Planning Commission.
10. Proof that the Applicant is the owner of the parcel in question.
d) Procedure. The City Administrator/Clerk shall forward said application to the
Planning Commission for consideration at their next regular meeting.
1. The City Administrator/Clerk shall review all Development Review
Applications and upon verification that the Application is complete and
meets the requirements of the Ordinance, the City Administrator/Clerk
shall schedule a public hearing. The City Administrator/Clerk shall
complete the review process within ten (10) days of receipt of the
Application. Notice of such hearing shall be published in accordance with
State Law and notice shall be published at least once in the official paper
of the City and mailed to individual properties within three hundred fifty
(350) feet of the parcel included in the request not less than ten (10) days
nor more than thirty (30) days prior to the date of said hearing. Failure of
a property owner to receive said notice shall not invalidate any such
proceedings.
2. 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.
3. The City Council shall act upon the report and recommendation from the
Planning Commission within the guidelines as mandated by State Law.
Upon receiving the report and recommendation from the Planning
Commission, the City Council shall have the option of holding a public
hearing if necessary and may impose any conditions deemed necessary.
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ORDINANCE 502—ZONING ORDINANCE
Approval of a special use permit shall require passage by a majority vote
of the full City Council.
e) Standards. The Planning Commission shall recommend 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:
1. Will not be detrimental to or endanger the public health, safety, morals,
comfort, convenience or general welfare of the neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of
the comprehensive plan of the City and this Ordinance.
3. Will be designed, constructed, operated and maintained so as to be
harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and will not change the essential character
of that area.
4. Will not be hazardous or disturbing to existing of future neighboring uses.
5. 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.
6. 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.
7. 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.
8. 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.
9. Will have adequate facilities to provide sufficient off-street parking and
loading space to serve the proposed use.
10. Will not result in the destruction, loss or damage of a natural, scenic, or
historic feature of major importance.
f) Denial for Non-Compliance. If the Planning Commission recommends denial of
a special use permit or the Council orders such denial, it shall include in its
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ORDINANCE 502—ZONING ORDINANCE
recommendations or determination findings as to the ways in which the proposed
use does not comply with the standards required by this Ordinance.
g) Appeals. All decisions by the Council involving a special use permit shall be
final except that an aggrieved person or persons shall have the right to file an
appeal within thirty (30) days of the decision with the Stearns County District
Court.
h) Conditions. In recommending or approving any special use permit, the Planning
Commission and the Council may impose conditions which are considered
necessary to meet the standards of this Ordinance and to protect the best interests
of the surrounding area or the City as a whole. Violation of any such condition is
a violation of this Ordinance. These conditions may include but are not limited
to the following:
1. 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.
2. Off-street parking and loading areas where required and the economic
effect, noise, glare, or odor of the special use on nearby property.
3. Refuse and service areas.
4. Utilities with reference to location, availability and compatibility.
5. Diking, fencing, screening, landscaping or other facilities to protect
adjacent or nearby property.
6. Signs, if any, and proposed exterior lighting with reference to glare, traffic
safety, economic effect and compatibility and harmony with properties in
the district.
7. Required yards and other open space.
8. General compatibility with adjacent and other property in the district.
i) Successive Applications. Whenever an application for a special use permit has
been considered and denied by the City Council, a similar application for a
special use permit affecting substantially the same property shall not be
considered again by the Planning Commission or City Council for at least six (6)
months from the date of its denial, unless a decision to reconsider such matter is
made by not less than four-fifths (4/5) vote of the full City Council.
502.07-7
ORDINANCE 502—ZONING ORDINANCE
j) Expiration. If substantial construction has not taken place within one (1) year after
the date of a special use permit, the permit is void except that, on application, the
Council, after receiving the recommendation of the Planning Commission, may
extend the permit for an additional period not to exceed one (1) year. A special
use permit authorizes only the conditional use specified in the permit and expires
if, for any reason, the authorized use ceases for more than one (1) year.
Subd. 4. Interim Use Permit.
a) Purpose. The purpose and intent of allowing interim uses is:
1. To allow a use for a limited period of time that reasonably utilizes the
property in the manner not permitted in the applicable zoning district.
2. To allow a use that is presently acceptable but that, with anticipated
development, may not be acceptable in the future.
b) Application, Public Hearing, Notice and Procedure. The application, public
notice and procedure requirements for interim use permits shall be the same as
those for Special Use Permits as provided in Section 502.7, Subd. 3 of this
Ordinance.
C) Standards. The Planning Commission shall recommend an interim use permit and
the Council shall issue such interim use permits only if it finds that such use at the
proposed location:
1. Meets the standards of a special use permit set forth in Section 502.7,
Subd 3, of this Ordinance.
2. Conforms to the zoning regulations, performance standards and other
requirements of this Ordinance.
3. Is allowed as an interim use in the applicable zoning district.
4. Will terminate upon a tangible date or event specified in the resolution
approving said interim use permit.
5. Will not impose, by agreement, additional costs on the public if it is
necessary for the public to take the property in the future.
6. Will be subjected to, by agreement with the owner, any conditions that the
City Council has deemed appropriate for permission of the use, including
a condition that the owner will provide an appropriate financial surety to
cover the cost of removing the interim use and any interim structures upon
the expiration of the interim use permit.
d) Termination. An interim use permit shall terminate upon the occurrence of any of
502.07-8
ORDINANCE 502—ZONING ORDINANCE
the following events; whichever first occurs:
1. The date specified in the permit;
2. A violation of the conditions under which the permit was issued; or
3. A change in the City's zoning regulations which render the use
nonconforming.
e) Successive Applications. Whenever an application for an interim use permit has
been considered and denied by the City Council, a similar application for an
interim use permit affecting substantially the same property shall not be
considered again by the Planning Commission or City Council for at least six (6)
months from the date of its denial, unless a decision to reconsider such matter is
made by not less than four-fifths (4/5) vote of the full City Council.
f) Appeals. All decisions by the Council involving an interim use permit request
shall be final except that an aggrieved person or persons shall have the right to
file an appeal within thirty (30) days of the decision with the Stearns County
District Court."
Subd. 5. Text Amendments and Rezoning of Parcels Depicted on the Official Zoning
Map.
a) General. This Ordinance, which includes the official zoning map, may be
amended by following the procedure specified in this section.
b) Initiation. An amendment may be initiated by the following procedures:
1. Upon the initiative of the City Council or the Planning Commission, or
2. By petition of fifty percent (50%) or greater 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. If a property owner initiates a rezoning request the owner shall
provide a boundary survey and preliminary building and site development
plans prior to consideration of the request.
3. If the proposed rezoning request is consistent with the proposed future
land use identified in the City's Comprehensive Plan, an owner may
petition for the rezoning without signature of 50% of the affected property
owners within 350 feet. If a property owner initiates a rezoning request
the owner shall provide a boundary survey and preliminary building and
site development plans prior to consideration of the request.
C) Action by Planning Commission.
502.07-9
ORDINANCE 502—ZONING ORDINANCE
1. An amendment not 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.
2. Before any amendment is adopted, the Planning Commission shall hold at
least one (1)public hearing thereon after a notice of the 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 of the
property to which the amendment relates.
3. 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 Administrator/Clerk within fourteen (14)
days of the meeting at which the date of the 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.
d) Action by City Council.
1. Upon the filing of such report, or upon the failure of the Planning
Commission to file such a report within the time prescribed by Section
502.07; Subd. 5 c) 3. on an amendment proposed by petition or by the
Council, the City Council shall hold such public hearings as it deems
advisable. After the conclusion 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 all
members of the Council concur in its passage.
2. If the City Council approves a rezoning request, the City shall record the
amendment at the Office of the County Recorder at the applicant's
expense.
3. The City Council shall amend its Official Zoning Map to reflect the
rezoning.
Subd. 6. Fees and Contents of Petitions for Amendments, Appeals, Adjustments, Special
Use Permits and Variances.
502.07-10
ORDINANCE 502—ZONING ORDINANCE
a) 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 the City Council.
b) 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 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 a
deposit for these fees prior to the final hearing on the application.
C) Contents of Petition. The petition shall give the street address of the land as to
which the petition is made, contain a legal description thereof, state the mailing
address of the owner, and clearly describe the structure to be built or altered if the
petition is granted, or if the petition is for a change in any regulations of this
Ordinance, it shall state the change and the reasons therefore. The petition shall
also contain any other information which is required by other Sections of this
Ordinance. The Planning Commission may require the petitioner to submit a
certificate by a registered land surveyor verifying the front, rear and side-yard
setbacks of all buildings and structures situated on or adjacent to the property
described in the petition.
d) Successive Applications. Whenever an application for an amendment has been
considered and denied by the City Council, a similar application for an
amendment affecting substantially the same property shall not be considered
again by the Planning Commission or City Council for at least six (6) months
from the date of its denial, unless a decision to reconsider such matter is made by
not less than four-fifths (4/5) vote of the full City Council."
Subd. 7. General Requirements for Petitions for Amendments, Appeals, Adjustments,
Special Use Permits and Variances.
Any person filing a petition requesting an amendment, appeal, adjustment, special use
permit or variance shall meet the general requirements for City approvals under Section 104.06
of the St. Joseph Code of Ordinances.
Added 502.07 Subd.7:11/2013
502.07-11
ORDINANCE 502 – ZONING ORDINANCE
Section 502.08: NON-CONFORMING USES
Subd. 1: Intent. It is not the intent of this section to encourage the non-conforming use
of land. Non-conformities are declared by this Ordinance to be incompatible with permitted uses
in the districts in which the non-conformity occurs. A non-conforming use of a structure, a
non-conforming use of land, or a non-conforming use of a structure and land in combination
shall not be extended or enlarged after passage of this Ordinance by attachment on a building or
land of additional signs intended to be seen from off the premises, or by the addition of other
uses of a nature which would be generally prohibited in the district in which such use is located.
Subd. 2: Continuation of Non-Conforming Use. Any nonconformity, including the
lawful use or occupation of land or premises existing at the time of the adoption of this
Ordinance may be continued, including through repair, replacement, restoration, maintenance, or
improvement, but not including expansion, unless
a.the nonconformity or occupancy ceases for a period of one year; or
b.the nonconforming use is destroyed by fire, collapse, explosion or acts of God, or
public enemy or other peril to the extent of 50 percent, or greater, of its market
value and no building permit has been applied for within 180 days of when the
property is damaged.
Any subsequent use or occupancy of the land or premises shall be a conforming use or
occupancy.
Subd. 3: Extension or Expansion of Non-conforming Use. A non-conforming use of a
residential, commercial or industrial building may not be extended or expanded by adding onto
the building. A non-conforming use of a residential, commercial or industrial land shall not be
enlarged, expanded, increased or extended to occupy a greater area than was occupied when the
use became non-conforming, except as specifically provided in Subd. 6 of this section.
Subd. 4: Structural Change. No existing structure devoted to a non-conforming use shall
be enlarged, extended, reconstructed, moved, or structurally altered except in changing the use of
the structure to a conforming use.
Subd. 5: Maintenance. Maintenance of a building or other structure containing or used
for a non-conforming use will be permitted when it includes necessary non-structural repairs and
incidental alterations which do not extend or intensify the non-conforming building or use.
Subd. 6: Residential Alterations. Alterations may be made to a residential building
containing non-conforming residential units when they will improve the livability and safety of
such units provided, however, that they do not increase the number of dwelling units in the
building. Additions may be made to non-conforming residential buildings, limited to an increase
in the living area of no more than 20% of the existing main floor square footage. The
construction and alteration of garages and accessory buildings is also permitted, as long as the
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ORDINANCE 502 – ZONING ORDINANCE
improvements conform to the zoning requirements for both the zoned use of the property, and
the non-conforming use.
Subd. 7: Change of Non-conforming Use. A non-conforming use cannot be changed to a
comparable non-conforming use. Whenever a non-conforming use has been changed to a
conforming use, or to a use permitted in a district of greater restrictions, it shall not thereafter be
changed to a non-conforming use of a less restricted district.
Subd. 8: Restoration After Destruction. Any non-conforming building or structure
damaged by fire, collapse, explosion or acts of God, or public enemy by:
A. more than fifty (50) percent of its market value (exclusive of foundations) as
appraised by an independent appraiser at the time of damage, shall not be restored
or reconstructed and used as before such a happening unless a building permit
has been applied for within 180 days after the property is damaged. The
reconstruction must be of like or similar materials or the architectural design and
building materials must be approved by the Planning Commission. Any
restoration permitted must be complete within twelve months of the happening.
If the City determines that more than 50% of the structure has been destroyed and
the property owner makes application for a building permit after the 180 day period the
following will apply:
i.If the property owner disputes the City’s determination that more than
50% of the structure has been destroyed, he/she may, at his/her sole
expense, hire an independent appraiser to determine the market value and
present the appraisal to the City Council for reconsideration.
ii.If the City Council maintains its determination after receiving the
appraisal, the property owner shall have the right to appeal the City’s
market value determination to the Board of Appeals and Adjustments.
Such appeal must be brought within thirty (30) days receiving the
appraisal.
B. less than fifty (50) percent of its market value above the foundation, it may be
restored, reconstructed or used as before provided that it 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
Commission.
Subd. 9: Discontinuance of Non-Conforming Use. If a non-conforming use of a
building or land is discontinued or ceased for a period of one year or more, or if the use is
involuntarily discontinued and ceased because of the revocation of a permit or the right to
engage in the use, subsequent use of such building or land shall conform thereafter to the use
permitted in the district in which it is located.
Subd. 10: Junkyard. No junkyard may continue as a non-conforming use for more than
thirty (30) years after the effective date of this Ordinance, except that a junkyard may continue as
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ORDINANCE 502 – ZONING ORDINANCE
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: Signs. Signs pertaining to or advertising products sold on the premises of a
non-conforming 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 502.11 may be
erected only after all other signs existing at the time of the adoption of this Ordinance have been
removed. New signs in conformity with the above may have illumination not to exceed 240
watts on one face of the sign, but flashing intermittent or moving illumination is not permitted.
Subd. 12: Buildings Under Construction and Building Permits Granted Prior to Adoption
of Ordinance. Any proposed structure which will, under this Ordinance, become
non-conforming but for which a building permit has been lawfully granted prior to the effective
date of this Ordinance, may be 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 continues to completion within two (2) years.
Such structure and use shall thereafter be a legally non-conforming structure and use.
Subd. 13: Non-conforming Lots of Record. Where a lot of record exists within the City
which is vacant or built upon, but does not meet the lot requirements of the zone at the effective
date of this Ordinance, and the proposed or existing use is a permitted or permitted accessory use
for that zone, a building permit may be issued to build a new structure or reconstruct a destroyed
structure as outlined in Section 502.08; provided that yard setback requirements are met.
Subd.14: Non-Conforming Lots. A single-family dwelling and customary accessory
building, notwithstanding limitations imposed by other provisions of this Ordinance, may be
erected in any district in which single-family dwellings are permitted on any single lot of record
at the effective date of adoption of or amendment to this Ordinance. Such lot must be in separate
ownership and not of continuous frontage with other lots in the same ownership. The provisions
shall apply even though such lot fails to meet the zoning requirements for area or width, or both,
that are generally applicable in the district, provided that yard dimensions and other requirements
not involving area or width, or both, of the lot shall conform to the regulations for the district in
which such lot is located. If, in a group of two (2) or more lots under the same ownership, any
individual lot does not meet the area and width requirements of this Ordinance, the lot must not
be considered as a separate parcel or land for the purpose of sale or development. The lot must
be combined with the one (1) or more contiguous lots so they equal one (1) or more parcels of
land, each meeting the area and width requirements of this Ordinance. Variances of area, width
and yard requirements shall be obtained only in accordance with Section 502.07, Subdivision 2
of this Ordinance.
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ORDINANCE 502 – ZONING ORDINANCE
Section 502.09: PUD – PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT
Subd. 1: Purpose and Intent. The purpose of this section is to provide for the
modification of certain regulations when it can be demonstrated that such modification would
result in a development, which would not increase the density and intensity of land use beyond
that which would be allowed if no regulations were modified; would preserve or create features
or facilities of benefit to the community such as, but not limited to open space or active
recreational facilities, which features or facilities would not have been provided if no regulations
were modified, would be compatible with surrounding development, and would conform to the
goals and policies of the Comprehensive Plan. Throughout this title, “PUD” shall mean the same
as “planned unit development”.
Subd. 2: Benefit to the Public Intended. PUD’s are intended to encourage the efficient
use of land and resources, to promote greater efficiency in public utility services and encourage
innovation in the planning and building of all types of development. Planned unit developments
shall demonstrate at least one of the following benefits to the public. The applicant bears the
burden of proving one or more public benefits exist:
a) Innovations in residential development that:
1. Proactively and tangibly address the demand for housing for all economic
levels;
2. Provide greater variety in tenure, type, design and sitting of dwellings.
b) The reestablishment, preservation and/or enhancement of desirable site
characteristics such as natural topographic and geologic features.
c) A variety of housing types/densities together with preservation of open
space/natural features within one development.
d) The creation of active and/or passive recreational opportunities and/or facilities
that would not have been provided if no regulations were modified.
Subd. 3: Types of Planned Unit Developments – Where Permitted.
a) Two types of planned unit developments are hereby established subject to the use
regulations of the zone in which the PUD is proposed to be located and provided
to the standard of subsection B (immediately following) are achieved:
1. Single-family PUD’s, comprised of detached dwelling units on individual
lots, necessary streets rights-of-way to serve such dwelling units and any
common open space, recreational facilities or other areas or facilities.
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ORDINANCE 502 – ZONING ORDINANCE
2. Non-single-family PUD’s, comprised of (a) attached dwelling units,
detached dwelling units not on individual lots, retail, commercial,
recreational, office, service or industrial buildings, or any combination
thereof, the necessary streets and other public and/or private rights-of-way
to serve such uses, and any appurtenant common open space, recreational
facilities or other areas or facilities.
3. A PUD may comprise both of the above types, subject to compliance with
the use regulations of the zone in which the PUD is proposed to be
located.
b) Planned unit developments may be located in any zone subject to use regulations;
provided, that:
1. Uses permitted in the PUD shall be governed by the use regulations of the
underlying zoning classification or other generally applicable city
regulations governing permitted uses, including special district
regulations; and,
2. A Planned Unit Development for any parcel or track of land shall have a
minimum net site area for each zoning district as set forth below excluding
areas not suitable to development:
A. Residential Districts – Twenty (20) acres minimum
B. B-1 Central Business District - Mixed use of a Permitted Use and a
multiple residential dwelling units will be allowed, but only if
100% of the street level square footage is used full time for a
Permitted Use, and said permitted and residential uses are not
conflicting. The maximum building height shall not exceed the
standard contained in the applicable underlying zoning
classification. The minimum lot area shall be 12,000 square feet.
The lot width at the building setback line shall be at least 180
lineal feet and a minimum of 80 lineal feet of the lot shall abut a
public street. Off-street parking requirements shall be separately
determined for the commercial and residential uses in accordance
with Section 502.10.
C. B-2 Highway 75 Business District and B-3 General Business
District – five (5) acres minimum.
D. LI – Light Industrial District – twenty (20) acres minimum
3. The design of a PUD shall take into account the relationship of the site to
the surrounding areas. The perimeter of the PUD shall be so designed as to
minimize undesirable impact of the PUD on adjacent properties and,
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ORDINANCE 502 – ZONING ORDINANCE
conversely, to minimize undesirable impact of adjacent land use and
development characteristics on the PUD.
4. Common open space shall be either held in common ownership by all
owners in the PUD 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.
5. In agricultural areas or on land that does not have building development,
PUD’s will not be allowed if there has been removal of trees or grading of
soil within ten (10) years prior to the application for the PUD.
Subd. 4: General Requirements/Permitted Modifications.
a) In General. In considering a proposed planned unit development project, the
approval thereof may involve modifications in the regulations, requirements and
the standards of the zone in which the project is located, and in the subdivision
ordinance. In modifying such regulations, requirements and standards as they may
apply to a planned unit development project the standard identified within this
subsection and the limitations set forth in this subsections B and C (immediately
following) shall apply. In order to be granted any such modifications, the
applicant shall demonstrate that the proposed development complies with the
purpose of this section. The applicant shall bear the burden of supporting any
change in requirements. The city may increase any requirement necessary to make
the project conform to the purposes of this section.
1. Allowed Uses. Uses within the PUD may include only the uses generally
considered associated with the general land use category shown for the
area on the official Comprehensive Plan Land Use Plan. Specific allowed
uses and performance standards for each PUD shall be delineated in the
rezoning ordinance (if required), the development plan and the
development agreement. The PUD development plan and agreement shall
identify all the proposed land uses and those uses shall become permitted
uses with the acceptance of the development plan and agreement. Any
change in the list of uses presented in the development plan and agreement
will be considered a major amendment to the PUD and will follow the
procedure described herein relative to major PUD amendments.
2. Front Yard Setbacks. The requirements for minimum front yard setbacks
for the zone in which the planned unit development is located shall apply
to all exterior boundary lines of the site.
3. Distance Between Buildings. The planning commission shall set minimum
distances between structures to assure adequate sunlight and open space;
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ORDINANCE 502 – ZONING ORDINANCE
provided, that minimum distances required by building and fire codes
shall be met.
4. Buildings shall be designed to prevent the appearance of straight,
unbroken lines in their horizontal and vertical surfaces. No residential
building shall have a single exterior wall longer than forty (40) feet
without an offset in the exterior wall. Offsets between walls shall be at
least thirty-two (32) inches and shall not exceed ten (10) feet.
5. Building height and corresponding setback requirements shall be governed
by the requirements of the underlying zone district classification as set
forth therewith.
6. All permitted, permitted accessory and/or conditional uses contained in the
underlying zoning district shall be treated as permitted, permitted
accessory and conditional uses in PUD overlay district. Uses not listed as
permitted or conditional in a specific district shall not be allowed in a
PUD unless it is found that the use is complimentary to the functionality
of the development and the other uses found therein
7. An increase in density may be permitted to encourage the preservation of
natural topography and geological features. The minimum lot size
requirements of other sections of this ordinance do not apply to a PUD
except that the minimum lot size requirements of the underlying zone shall
determine the maximum dwelling unit density of a total development. The
maximum dwelling unit density shall be determined by the area remaining
after appropriate space for street right of way, other public dedications,
such as but not limited to storm water detention ponds, trails and
parklands have been determined and subtracted from the total PUD area.
Excluded from the calculation of developable property shall be areas
which would normally not be developable, such as waterways or water
bodies, shorelands, flood plains, and the like in addition to areas required
for streets, parks, pedestrian facilities, storm water controls and placement
of public utilities. Wetlands can be utilized to determine the area of
developable land. The maximum density for multiple dwellings under the
PUD shall be one bedroom unit for each 2,500 square feet of lot area, one
two bedroom unit for each 3,000 square feet of lot area, and one three
bedroom unit for each 3,500 square feet of lot area and for each additional
bedroom (over 3) per unit, an additional 500 square feet of lot area. If the
property involved in the PUD includes land in more than one zoning
district, the number of dwelling units or the square footage of commercial,
residential or industrial uses in the PUD shall be proportional to the
amount that would be allowed separately on the parcels located in each of
the underlying zoning districts.
8. Off-street parking and loading space shall be provided in each PUD in the
same ratios for types of buildings and uses as required in the underlying
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ORDINANCE 502 – ZONING ORDINANCE
zoning district. The City may reduce the number of parking spaces in
commercial districts provided the PUD applicants submit information
demonstrating a reduced need for parking facilities (e.g. senior housing
complex, PUD’s featuring joint parking facilities, parking study,
proximity to and availability of bus service coupled with transit-friendly
design, etc). The reduction in off-street parking and loading space must be
pursuant to a special use permit with conditions set by the City Council.
9. The major internal streets serving each planned unit development shall be
functionally connected to at least one minor arterial or collector street as
defined by the comprehensive plan.
b) In Single-Family PUDs. Single-family PUDs shall be subject to the
following limitations in modification of regulations in addition to
those limitations set forth in subsection a (above, entitled
“permitted modifications of regulations, in general”)
1. The minimum lot size as required in underlying zoning
classification may be reduced by up to 15 percent;
provided, that an area(s), not including a critical area or
storm water conveyance or storage facility, equal to the
combined reduction in lot area is set aside for the
following:
A. Common useable open space comprising of
landscaping and facilities such as, but not limited to
play areas, trails, picnic tables and benches;
B. Areas containing significant trees as defined by the
City;
C. Other non-critical areas, the preservation or creation
of which promote one or more goals and or goals
and/or policies of the comprehensive plan;
D. The applicant shall demonstrate that the area
proposed to be set aside creates a public benefit
which would not exist if the minimum lot size were
not modified.
2. The minimum lot width as required within the underlying
zoning classification may be reduced up to 10 percent;
3. Required yard setbacks shall not be reduced.
c) Non-single-family PUDs. Non-single-family PUDs shall be subject
to the following limitations in modification of regulations in
502.09-5
ORDINANCE 502 – ZONING ORDINANCE
addition to those limitations set forth within the underlying zoning
classification.
1. When a PUD containing dwelling units is proposed on
property having more than one underlying residential zone,
the total number of dwelling units allowed may be
determined by totaling the number of dwelling units
allowed to be located on each portion of the PUD area
located in a separate zone according to the regulations of
that zone.
2. The City, at its discretion, may allow the number of units
arrived at under subsection c-1 (immediately above) be
located anywhere within the planned unit development
subject to the PUD approval process set forth in this
chapter and provided that the City make a finding of fact
that a public benefit resulting from such action is present.
Subd. 5: Subdivision Requirements. The approval of a subdivision shall be required of
all projects which involve or contemplate the subdivision of land and the procedures set forth in
the subdivision ordinance shall be followed concurrently herewith. The approved final
development plan shall be a binding site plan.
Subd. 6: Pre-Application/Informational Meeting and Concept Plan Required.
a) Informational Meeting. Prior to filing an application for Preliminary PUD plan
approval, the applicant of the proposed PUD shall arrange for and attend an
informational meeting with City staff. At such conference, the applicant shall be
prepared to generally describe their proposal for a PUD. The primary purpose of
the meeting shall be to provide the applicant with an opportunity to gather
information and obtain guidance as to the general suitability of the conformity to
the provisions of this code before incurring substantial expense in the preparation
of detailed plans, surveys, and other data.
b) Following a pre-application/informal meeting, but prior to submitting an
application for preliminary plan approval, the applicant for a proposed PUD shall
submit to the City a general concept plan.
1. Purpose. The general concept plan provides an opportunity for the
applicant to submit a plan to the City showing their basic intent and the
general nature of the entire development without incurring substantial
cost. This concept plan is not considered an application for development.
Review and acceptance of the concept plan by City staff does not
constitute approval of the plan by the City. Review and acceptance of the
concept plan merely allows the applicant to initiate the development
process after an application has been submitted to the City. The concept
plan is simply an informal method of providing information to the
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ORDINANCE 502 – ZONING ORDINANCE
developer as to whether the plan is generally acceptable or whether the
plan has problem areas.
The general concept plan should include the following elements:
A. Overall maximum PUD density range.
B. General location of major streets and pedestrian walkways.
C. General location and extent of public and/or common open
space.
D. General location of residential and non-residential land
uses with approximate intensities of development.
E. Staging and timetable of development.
F. Other special criteria for development.
Subd. 7: Preliminary and Final Plan Approval Required.
a) Each PUD shall require preliminary and final approval.
b) If land subdivision is requested in conjunction with the PUD plan, both
preliminary and final PUD approvals shall be processed concurrently with the
platting procedures set forth in the City’s Subdivision Ordinance. Required data,
parkland/fee in lieu of parkland dedication, design standards and required
improvements shall be the same as per a conventional subdivision and as set forth
within the City’s Subdivision Ordinance. In addition to the data requirements
itemized within the Subdivision Ordinance the application shall also include
information necessary to process the PUD preliminary and final plan(s) as
contained within this chapter. The City Administrator may waive requirements
determined to be redundant.
Subd. 8: Phased Development. Development of the project may be phased, in which case
each complete phase may be processed separately through both preliminary development plan
review and final development plan review. A map showing all property owned or controlled by
the developer which is contiguous to the development site or which is within the area determined
by the City to be relevant for comprehensive planning and environmental assessment purposes,
together with a preliminary plat of said properties’ eventual development through all potential
phases shall be submitted with the application for the first phase. The developer is not
responsible for providing a preliminary plat for contiguous or nearby property which is not
owned or controlled by the developer. The preliminary plat shall conform to the purposes of this
section and shall be used by the City to review all phases of the development. All phases of this
development shall conform to the preliminary plat, all conditions of approval and applicable
regulations.
502.09-7
ORDINANCE 502 – ZONING ORDINANCE
Subd. 9: Preliminary PUDs – Contents of Complete Application.
a) The applicant shall file with the City a preliminary plat plan which is consistent
with the requirements of the City’s Subdivision Ordinance 504. The preliminary
plat plan shall include the following:
1. A legal description of the property proposed to be developed;
2. A map of the subject property and surrounding area determined by the
City to be relevant for comprehensive planning, environmental assessment
or zoning review purposes, which shall depict comprehensive plan
designations, zoning classifications and existing land uses and utility
mains/urban facilities including parks and streets;
3. A proposed site plan for the subject property depicting the following:
A. Identify all setbacks for lots and other areas of the development.
B. Identify boundaries of areas of trees. Also identify areas where
there are trees eight inches in trunk diameter measured four feet
above the base of the trunk;
C. Designated placement, location, and principal dimensions of lots,
buildings, streets, parking areas, recreation areas and other open
space, landscaping areas and utilities;
D. If the developer owns or otherwise controls property adjacent to
the proposed development, a conceptual plan for such property
demonstrating that it can be developed in a compatible manner
with the proposed development;
E. Park and trail plan pursuant to Ordinance 504.18.
4. A conceptual landscape plan showing existing and proposed landscaping
including groundcover, shrubbery and tree species;
5. Drawing and/or text showing scale, bulk and architectural character of
proposed structures;
6. For single-family PUDs, a conceptual drawing depicting the number and
location of lots which would be allowed if no regulations were modified;
7. Special features including but not limited to critical areas and site or
structures of historic significance;
8. Text describing conditions or features which cannot be adequately
displayed on maps or drawings;
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ORDINANCE 502 – ZONING ORDINANCE
9. A narrative stating how the proposed development complies with the goals
and policies of the Comprehensive Plan;
10. A narrative itemizing all proposed land uses (permitted, conditional,
interim, accessory) conditions related thereto (proposed and as required
within the underlying zoning classification) and the extent of proposed
uses (i.e. number of units; density allowed via underlying zoning
classifications and density proposed for the PUD;
11. A narrative stating how the proposed PUD plan impacts adjacent property
owners;
12. A narrative describing proposed operation/maintenance of the
development including open areas, storm water features and recreational
facilities resulting from the subdivision;
13. If applicable, draft conditions, covenants and restrictions and other
documents relating to operation and maintenance of the development,
including all of its open areas and recreational facilities;
14. Information normally required within the underlying zoning classification
relating to site plan review.
15. Other information required by the City and the Subdivision Ordinance,
Ordinance 504.
b) The applicant may submit to the City Administrator director proposed
development standards, which, if approved by the City, shall be come a part of the
preliminary plan in lieu of the requirement of subsection a-2 of this section for
specifying placement, location and principal dimensions of buildings, streets, and
parking areas. This alternative process is intended to accommodate the need for
flexibility in large-scale non-single-family developments, while insuring that
sufficient information as to the nature of the development is available upon which
to base a decision concerning the preliminary development plan. Proposed
development standards shall specifically set forth parameters for location,
dimensions and design of buildings, streets and parking areas.
Subd 10: Preliminary PUDs – Criteria for Approval.
a) Preliminary PUD approval shall be granted by the City only if the applicant
demonstrates that:
1. The proposed project shall not be detrimental to present and potential
surrounding land use.
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ORDINANCE 502 – ZONING ORDINANCE
2. Land surrounding the proposed development can be planned in
coordination with the proposed development and can be developed so as
to be mutually compatible.
3. Streets and sidewalks, existing and proposed, are suitable and adequate to
carry anticipated traffic within the proposed project and an in the vicinity
of the proposed project, in light of the criteria set forth in the Subdivision
Ordinance and the comprehensive plan.
4. Services including portable water, sanitary sewer and storm drainage are
available or can be provided by the development prior to occupancy.
5. Each phase of the proposed development, as it is planned to be completed,
contains the required parking spaces, recreation spaces, landscape and
utility areas necessary for creating and sustaining a desirable and stable
environment.
6. The project conforms to the purposes and standards prescribed in this
chapter.
7. The project conforms to the Comprehensive Plan.
b) Conformance with the design standards and required improvements as set forth
within the Subdivision Ordinance.
Subd. 11: Preliminary PUDs – Minor and Major Changes to an Approved Preliminary
PUD.
a) A proposed minor change to an approved PUD require a public hearing and shall
be incorporated into the application for final PUD approval, and any notification
regarding such final PUD approval shall describe the proposed minor change(s).
A “minor change” means any departure from the conditions of preliminary
approval which is not a “major change” and includes but is not limited to the
following:
1. Revisions to a number of dwelling units in a structure;
2. Revisions to number of non-residential structures;
3. Revisions to heights of structures;
4. Revisions to location of internal roads;
5. Revisions similar in nature to those above as determined by the City.
b) A proposed major change to an approved preliminary PUD shall require
reapplication for preliminary PUD approval and any notification regarding such
502.09-10
ORDINANCE 502 – ZONING ORDINANCE
preliminary PUD approval shall describe the proposed major change or changes.
A major change is any departure from the conditions of the preliminary PUD
approval which would result in any of the following:
1. Revisions to the approved design concept;
2. Revisions to the approved use(s);
3. An increase in the number of residential dwelling units;
4. An increase in square footage of non-residential structures;
5. A decrease in the amount of landscaping, site perimeter buffering, and
open space; and
6. An increase in traffic volumes or change in circulation patterns which
impacts surrounding development.
Subd. 12: Final PUDs – Contents of Complete Application. Within 12 months following
the approval of the preliminary PUD, the applicant shall file with the City a final PUD
conforming to the approved preliminary PUD. The final PUD shall include all the requirements
under the Subdivision Ordinance, Ordinance 504, and the following information:
1. A survey of the property, showing for all areas to be developed or
disturbed existing features, including an identification of all setbacks for
each lot and the boundaries for the development, buildings, structures,
trees over eight inches in trunk diameter measured four feet above the base
of the trunk, streets, utility easements, rights-of-way, and existing land
uses;
2. Elevation and perspective drawings of project structures and
improvements;
3. Proposed final conditions, covenants and restrictions (CC&Rs) and other
documents relating to operation and maintenance of the development,
including all of its open areas and recreational facilities, which CC&Rs
and other documents shall be recorded upon final PUD approval;
4. Proposed final agreements which may have been required as conditions of
preliminary PUD approval;
5. A development schedule;
6. The following plans and diagrams;
A. An off-street parking plan;
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ORDINANCE 502 – ZONING ORDINANCE
B. Landscaping and tree planting plan, including site grading;
C. Park and trail plan consistent with Ordinance 504.18.
Subd. 13: Final PUDs – Criteria for Approval. Final PUD approval shall be granted by
the City only if the applicant demonstrates that the final PUD substantially conforms to the
approved preliminary PUD. For the purposes of this section, “substantially conforms” means
that, as compared to the preliminary PUD, the final PUD contains no revisions in density, uses,
design or development standards or in the site plan, other than the minor changes pursuant to
Subd. 11 of this section.
Subd. 14: Final PUDs – Failure to File – Termination.
a) In the event the final PUD or any required attendant papers are not filed within
ninety (90) days following approval of a preliminary PUD, except as provided
elsewhere in this Section or as noted in subsection b (immediately following this
subsection), the approval of the preliminary PUD shall lapse and the approval
shall be deemed null and void and without force or effect.
b) When it is determined as part of the preliminary PUD approval that the final PUD
is to be phased, the final PUD for the first phase shall be submitted within 12
months of preliminary approval. The final development plan for each subsequent
phase shall be submitted within the schedule established at the time of preliminary
PUD approval. In the case of a PUD, which includes a subdivision, the final PUD
shall be submitted within five years of receiving preliminary approval.
c) The time period for filing of final PUDs shall not include periods of time during
which progress on the final PUD was reasonable halted or delayed due to the
filing and pendency of legal actions challenging an approval granted by the City
pursuant to this Section; provided, that in all cases when more than two years
have elapsed subsequent to the date of approval of a preliminary PUD the
permittee shall be required to comply with all current building, construction,
subdivision and other applicable standards of the City prior to being granted
approval of the final PUD; provided, that a change in zoning district classification
enacted subsequent to approval of the final development plan shall not affect the
project.
Subd. 16: Final PUDs – Adjustments to Approved Final PUD.
a) The City Administrator is authorized to allow adjustments in accordance with
subsection b (which immediately follows this section) of this Section. The City
Administrator shall allow only such adjustments as are consistent with guidelines
established in subsection b of this section, and in no case shall an adjustment be
allow if it will increase the total amount of floor space authorized in the approved
final PUD, or the number of dwelling units or density, or decrease the amount of
parking or loading facilities or permit buildings to locate substantially closer to
502.09-12
ORDINANCE 502 – ZONING ORDINANCE
any boundary line or change substantially any point of ingress or egress to the
site.
b) For the purposes of this section, “adjustments” means any departure from the
conditions of final PUD approval which complies with the following criteria:
1. The adjustment maintains the design intent and quality of the original
approval;
2. The amount of landscaping, buffering and open space shall not be
reduced;
3. The number of dwelling units in residential developments and the square
footage of structures shall not increase;
4. The adjustment shall not relocate a building, street or other use more than
20 feet in any direction and shall not reduce any required yard and/or
setback;
5. The height of buildings and other structures shall not increase;
6. Views from both structures on-site and off-site shall not be substantially
reduced;
7. Traffic volumes shall not increase and circulation patterns shall not
change;
8. Changes in colors, plant material and parking lot configurations are minor;
9. The adjustment does not add significant new environmental impacts or
significantly increase environmental impacts disclosed in the original
documents;
10. The City Administrator determines that the change will not increase any
adverse impacts or undesirable effects of the project, or that the change in
no way significantly alters the project.
c) If proposed amendments to an approved PUD can not be classified as an
“adjustment”, the PUD shall be amended using the “Minor and Major Changes to
an Approved Preliminary PUD” process described in Subd. 11 herein.
Subd. 17: Developers Agreement Required for Final PUD. Prior to the installation of
required improvements mandated by the Subdivision Ordinance, Ordinance 504, and prior to
approval of the Final Plat for the PUD, the developer shall enter into a contract with the City
requiring that the developer furnish and construct improvements required by Ordinance 504 at
the developer’s expense and in accordance with plans and specifications to be approved by the
City Engineer. The City/Developer contract shall stipulate the type and extent of the
502.09-13
ORDINANCE 502 – ZONING ORDINANCE
improvements to be constructed, the cost of construction, the construction time schedule, the
City's authority to inspect the construction and the amount of the escrow deposit performance
bond, warranty bond and labor and material man bond to be furnished. The City/Developer
Agreement shall be in substantially similar form and content as the attached City/Developer
Agreement in Appendix "B" of Ordinance 504.
Subd. 18: Operating and Maintenance Requirements for PUD Common Open Space and
Service Facilities.
a) Whenever common open space or service facilities are provided within the PUD,
the PUD plan shall contain provisions to assure the continued operation and
maintenance of such open space and service facilities to a predetermined
reasonable standard.
b) Common open space and service facilities within a PUD shall be placed under the
ownership of one or more of the following:
1. Landlord control where only use by tenants is anticipated.
2. Property owners association, provided all of the following conditions are
met:
A. Prior to the use, occupancy, sale or the execution of contracts for
sale of an individual building unit, parcel, tract, townhouse,
apartment, or common area, a declaration of covenants, conditions
and restrictions or an equivalent document as specified in
Minnesota Statutes shall be filed with the City Administrator prior
to the filings of the declaration of documents or floor plans with
the County Recorder’s Office.
B. The declaration of covenants, conditions and restrictions or
equivalent document shall specify that deeds, leases or documents
of conveyance affecting buildings, units, parcels, tracts,
townhouses or apartments shall subject the properties to the terms
of the declaration.
C. The declaration of covenants, conditions and restrictions shall
provide that an owner’s association or corporation may be formed
and if such an association or corporation which shall maintain all
properties and common areas in good repair and which shall assess
individual property owners proportionate share of joint or common
costs. This declaration shall be subject to the review and approval
of the City Attorney. The intent of this requirement is to protect the
property values of the individual through establishing effective
private control.
502.09-14
ORDINANCE 502 – ZONING ORDINANCE
D. The declaration shall additionally provide that in the event the
association or corporation fails to maintain properties in
accordance with the applicable rules and regulations of the City or
fails to pay taxes or assessments on properties as they become due,
and in the event the City incurs any expenses not immediately
reimbursed by the association or corporation, then the City shall
have the right to assess each property its pro rata share of the
expenses. Such assessments, together with interest thereon and
costs of collection, shall be a lien on each property against which
such assessment is made.
E. Membership in the association must be mandatory for each owner
and any successive buyer and the association must be responsible
for liability insurance, taxes, and the maintenance of the open
space facilities to be deeded to it.
F. The open space restrictions must be permanent and not for a given
period of years.
G. Property owners must pay their pro rata share of the cost of the
association by means of an assessment to be levied by the
association which meets the requirements for becoming a lien on
the property in accordance with state law and the association must
be able to adjust the assessment to meet changing needs.
H. The by-laws and rules of the association and all covenants and
restrictions to be recorded must be approved by the City Council
prior to the approval of the final PUD plan.
c) Staging of common open space. The construction and provision of all of the
common open space and public improvements and recreational facilities that are
shown on the final development plan for a PUD must proceed at the same rate as
the construction of dwelling units or other private facilities.
Subd. 19: Termination of Planned Unit Development – Failure to Commence or Continue
Construction. If the construction has not been started within two (2) years from the date of
approval of the final PUD with an associated subdivision, or two years from the date of approval
of any other final PUD, or if construction has been commenced but the work has been abandoned
for a period of one year or more, and if no extension of time has been granted as provided herein,
the authorization granted for the planned unit development project shall terminate and all permits
and approval issued pursuant to such authorization shall expire and be null and void.
The time period of commencing or continuing construction shall not include periods of
time during which commencement of construction or continuation of construction was
reasonably halted or reasonably delayed due to the filing of a pendency of legal action
challenging an approval granted by the City pursuant to this Section; however, in all cases, when
more than five years have elapsed subsequent to the date of approval of any other final PUD with
502.09-15
ORDINANCE 502 – ZONING ORDINANCE
associated subdivision, or more than two years have elapsed subsequent to the date of approval
of any other final PUD the permittee shall be required to comply with all current building,
construction, subdivision and other applicable standards of the City; provided, that a change in
zoning district classification enacted subsequent to approval of the final development plan shall
not affect the project.
Subd. 22: Lots Subject to Final PUD. All lots or other divisions of a subdivided planned
unit development shall remain subject to compliance with the final development plan regardless
of the fact of subdivision in compliance with the Subdivision Ordinance or lot(s)/division(s) of a
subdivided PUD where subsequently conveyed.
Section 502.09 amended 1/07
Section 502.09 Subd. 3 amended 11/2014
502.09-16
ORDINANCE 502 – ZONING ORDINANCE
Section 502.10: OFF STREET PARKING
Subd. 1: Intent. The intent of this section of the zoning ordinance is to establish general
standards for off-street parking. The regulations provided herein shall apply equally to all
districts except where special provisions provide otherwise.
Subd. 2: Scope of Parking and Loading Requirements .
a) In all zoning districts, off-street parking facilities for the storage of motor vehicles
for the use of occupants, employees and patrons of the buildings or structures
hereafter erected, altered or extended after the effective date of this Ordinance
shall be provided and maintained as herein prescribed.
Subd. 3: General Parking Provisions.
a) Loading space shall not be construed as supplying off-street parking space.
Minimum parking dimensions shall meet the requirements of Section 502.10,
Subd. 5K.
b) When units or measurements used in determining the number of required parking
spaces result in requirement of a fractional space, that fractional space shall be
rounded up to the next highest whole number.
c) Whenever a use requiring off-street parking is increased in floor area, and such
use is located in a building existing on or before the effective date of this
Ordinance, additional parking space for the additional floor area shall be provided
and maintained in amounts hereafter specified for that use.
d) For the purpose of this section, "Floor Area," in the case of offices, merchandising
or service types of uses, shall mean the gross floor area used or intended to be
used for services to the public as customers, patrons, clients or patients as tenants,
including areas occupied for fixtures and equipment used for display or sale of
merchandise, less ten (10) percent.
e) Off-street parking facilities for dwelling shall be provided and located on the
same lot or parcel of land as the building they are intended to serve.
f) When off-street parking is required, it shall be designated for that purpose and the
individual parking stalls appropriately striped.
g) Where a use is not specifically mentioned, off-street parking requirements shall be
the same as for similar use.
502.10-1
ORDINANCE 502 – ZONING ORDINANCE
h) In the B1, B2 and B3 zoning districts on land which contains existing buildings,
nothing in this section shall be construed to prevent collective provisions of off-
street parking facilities for two (2) or more buildings or uses provided,
collectively, such facilities shall not be less than the sum of the requirements for
the various individual uses computed separately in accordance with the table, and
Subdivision 4 below, said buildings or uses are within 350 feet of the parking
area.
i)To accommodate redevelopment and/or expansion of existing structures or uses
within the B-1 and B-2 zoning districts, the Planning Commission may allow
off-site parking providing the Applicant demonstrates alternative parking
arrangements such as a parking stall lease agreement or the presence of public
parking. Alternately, the Applicant may provide a parking study completed by a
qualified professional demonstrating the proposed use is adequately served by
existing parking.
j)Nothing in this section shall prevent the extension of, or an addition to, a
building or structure into an existing parking area which is required for the
original building or structure when the same amount of space taken by the
extension or addition is provided by an enlargement of the existing parking area.
k)No curb cut access shall be located less than twenty (20) feet from the intersection
of two (2) or more street right-of-ways for residential uses, and thirty (30) feet for
commercial and industrial areas. This distance shall be measured from the
intersection of lot lines.
l)Curb cut openings shall be a minimum of five (5) feet from the side property line.
m)All properties shall be entitled to at least one (1) curb cut. Single-family uses
shall be limited to one (1) curb cut access per property measuring no more than 24
feet in width (the 24 foot width shall include 18-foot width plus three foot taper
width on each side).
n) Driveways in residential areas which abut a hard surface roadway must be
constructed of a hard surface consisting of concrete, bituminous, or paver stone
designed to drain and dispose of surface water. Recycled bituminous or concrete
shall be prohibited except as permitted in an industrial area by special use permit.
Subd. 4: Required Off-Street Parking. The amount of required off-street parking space
for new uses or buildings, additions thereto and additions to existing buildings as specified
previously, shall be determined in accordance with the following table, and the space so required
and shall be irrevocably reserved for such use, except these requirements shall not apply to uses
in existing buildings within the Central Business District of St. Joseph. The amount of required
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
502.10-2
ORDINANCE 502 – ZONING ORDINANCE
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 following boundaries: 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 7 through 12 of Block 9, and Lots 7 through 12 of Block 4, all in the Original
Townsite of St. 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 1/2) spaces for each single-
bedroom dwelling, two and one-half (2 1/2) 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. Fractional numbers
shall be rounded up to the next highest whole number.
c) Motels, motor hotels, hotels. One (1) space per each rental unit and one (l) space
for each employee on any shift.
d) Church, theater, auditorium. At least one (1) parking space for each four (4) seats
based on the design capacity of the main assembly hall.
e) Hospitals. Three (3) spaces per each bed.
f) Medical, chiropractic, dental or hospital out-patient clinics. One (l) 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 (l) space for each two (2) beds for which accommodations are
offered and one (l) 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 (l) parking space for each
thirty-five (35) square feet of gross floor area, but not less than fifteen (15)
spaces.
j) Office buildings and professional offices, other than medical, chiropractic, dental
or hospital out-patient clinics. One (1) space for each two hundred fifty (250)
square feet of floor area.
502.10-3
ORDINANCE 502 – ZONING ORDINANCE
k) Bowling alley. At least five (5) parking spaces for each alley, plus additional
spaces as may be required herein for related uses contained within the principal
structure.
l) Automotive Service Station. At least four (4) off-street parking spaces plus two
(2) off-street parking spaces for each service stall. Those facilities designed for
sale of other items than strictly automotive products, parts and/or service shall be
required to provide additional parking in compliance with other applicable
sections of this Ordinance.
m) Retail store and service establishment. At least one (1) off-street parking space
for each three hundred (300) square feet of floor area.
n) Retail sales and service business with fifty (50) percent of gross floor area
devoted to storage, warehouses and/or industry. One (1) space for each three
hundred (300) square feet devoted to public sales and/or service plus one (1)
space for each one thousand (1,000) square feet of storage area or one (1) space
for each employee on the maximum shift which is appropriate.
o) Restaurants and cafes. At least one (1) space for each four (4) seats used by
patrons, plus one (1) space for each employee on the maximum shift.
p) Private clubs serving food and/or drinks, bars, taverns, nightclubs. At least one
(1) space for each fifty (50) square feet of gross floor area.
q) Funeral home and Mortuary establishments. At least twenty (20) parking spaces
for each chapel or parlor, plus one (1) parking space for each funeral vehicle
maintained on the premises.
r) Manufacturing, fabricating or processing of a product or material, warehouse,
storage, handling or bulk goods, post offices. At least eight (8) spaces, plus one
(1) space for each two (2) employees on each shift based on maximum planned
employment or at a minimum one (1) space for each five hundred (500) square
feet of floor area.
s) Car wash. (In addition to required stacking space.)
1. Automatic drive through, serviced. Ten (10) spaces per bay for stacking
purposes plus one (l) space for each employee on the maximum shift.
2. Self-service. Three (3) spaces per bay for stacking purposes, plus a
minimum of two (2) additional spaces.
Subd. 5: Parking Lot Standards. In all districts where off-street parking lots are
permitted or required such off-street parking shall be constructed and maintained subject to the
following regulations:
502.10-4
ORDINANCE 502 – ZONING ORDINANCE
a) 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 modification by the
conditional use permit for the specific industrial use. In considering a request for
variance or modification, the City shall consider the location of 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 area are limited to Class 2 crushed granite which
conforms to the requirements of MN/DOT specification 3138 with visual
evidence of further consolidation.
b) Parking lots existing on or before January 1, l996, 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 addition 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.
c) Adequate ingress and egress shall be provided.
d) Such parking lots shall be constructed and maintained in a useable condition, with
a hard surface consisting of concrete, bituminous, pavement or paver stone
designed to drain and dispose of surface water. Recycled bituminous or concrete
shall be prohibited except as permitted in an industrial area by special use permit
or variance.
e) Whenever such parking lot boundary adjoins property zoned for residential use, a
setback of fifteen (15) feet from said lot line shall be required, and maintained.
f) Necessary curbs or other protection against damages to adjoining properties,
streets and sidewalks shall be provided and maintained. Concrete curbs to
MnDOT Design B612 specifications shall be used for all automobile stops
and for all drive and parking areas.
g)For the purpose of promoting redevelopment of property, parcels within the
Central Business District as defined in Section 502.10, Subd. 4, as may be
amended, may be exempted from perimeter curbing requirements provided:
1.The City Engineer finds the area is reasonably serviced by area storm water
structures/facilities.
2.The development application illustrates that:
i.Reasonable visual separation from adjoining properties, streets, and
sidewalks is provided and maintained through the employment of alternate
treatments such as landscaping or striping; or,
ii.The site is subject to a unified design/development that contains joint
parking or public parking facilities.
502.10-5
ORDINANCE 502 – ZONING ORDINANCE
h) No sign shall be so located as to restrict the sight, orderly operation and traffic
movement within any parking area. Only signs necessary for the orderly
operation of traffic movement or parking regulation shall be permitted in any
parking area (e.g. visitor parking, deliveries, handicap parking). Such signs shall
not be considered part of the permitted advertising space and shall be subject to
signage regulations.
i) All parking lots shall be screened and landscaped from abutting residential uses or
districts by a wall, fence or densely-planted compact hedge or tree cover not less
than four (4) feet nor more than eight (8) feet in height.
j) Except in the case of single-family, two-family, and townhouse developments,
parking areas shall be designed so that circulation between parking aisles or
driveways occurs within the designated parking lot and does not depend upon a
public street or alley and such design does not require backing onto the public
street.
k) Except in the cases of single-family, two-family and townhouse developments,
parking lot dimensions are set forth in the table below. Circulation patterns shall
allow adequate room for emergency vehicles.
Angle and Standard Depth Depth to Aisle Wall/wall Interlock
traffic flow stall width to wall interlock width module Module
90 deg 2-way 9' 17.5' 17.5' 26' 61' 61.0
60 deg 2-way 9' 18.0' 16.5' 26' 62' 59.0
75 deg 1-way 9' 18.5' 17.5' 22' 59' 57.0
60 deg 1-way 9' 18.0' 16.5' 18' 54' 51.0
Special designs will be considered for unique situations, and are subject
to approval of the City Engineer. Handicap stalls shall be provided in
accordance with current ADA requirements. Where bumpers overhang
sidewalks, allow 2.5 feet of clearance for the overhang before considering
useable sidewalk width.
l) Drainage and Surfacing. Driveways shall not exceed a grade of six (6) percent
and all parking lots except those for less than four (4) vehicles shall be graded
according to a drainage plan which has been approved by the City Engineer.
Catch basins, sumps and underground storm sewers may be required.
m) Striping. All lots for five (5) or more vehicles shall have the organization of
spaces painted on the surface according to the plan approved by the City.
n) Circulation. Lots shall be so designed that internal circulation shall be available
without utilizing the public street.
502.10-6
ORDINANCE 502 – ZONING ORDINANCE
o) Maintenance. It shall be the responsibility of the lessee and/or owner of the
principal use, uses or building to maintain in a neat and adequate manner, the
parking area, striping, landscaping and screening.
p) Lighting. All lighting used to illuminate an off-street parking area shall be shaded
or diffused so as to reflect the light away from the adjoining property and away
from abutting traffic flow.
Subd. 6: Parking in the E/E Educational and Ecclesiastical District.
a)Parking intended to be used by students, guests, employees, the public, residents,
and visitors within the E/E District shall be illustrated on a Master Parking Plan
which is consistent with this Ordinance.
b)The number of parking stalls required may be reduced from the requirements of
this Ordinance provided a parking study by a qualified individual finds proposed
parking in adequate.
c)Areas suitable to accommodate emergency vehicles and accepted by the Fire
Marshall shall be required for each structure.
Subd. 7: Parking pads for Residential Units in All Zoning Districts
a)Any off-street parking facilities to residential uses shall feature improved surfaces
as defined in section 502.10 subd 3(n) of this Ordinance and shall be made part of
or adjacent to the existing driveway and/or located in the side yard. For the
purposes of this section a driveway shall be defined as a private way for vehicles
leading from a public right-of-way to an off-street parking facility.
b)Off –street parking facilities located in the side yard as defined in Section 502.04
Subd. 116 of this code shall be improved to provide a durable and dust-free
surface consisting of concrete, asphalt, pavers or similar materials. Class 5
material is not an accepted material. Off-street parking shall not be permitted in
easement areas.
c)Existing driveways not currently improved to a durable and dust free surface are
not required to be upgraded unless it is determined that the current driveway
surface materials are washing into the public street causing a nuisance. Any
expansion to an existing gravel driveway shall be improved to a hard surface
roadway and must be constructed of a hard surface consisting of concrete,
bituminous, or pavers which could be designed to drain and to dispose of surface
water.
d)In no circumstances shall the site coverage exceed the maximum impervious
surface for each specific zoning district. For R1, Single Family Zoning Districts,
the impervious surface shall not exceed the limits identified in section 502.27
subd. 9(c) of this code.
Subd. 7 added 07/05/12
502.10-7
ORDINANCE 502 – ZONING ORDINANCE
Subd. 8: Required Loading Berths. In connection with any structure which is to be
erected or substantially altered and which requires the receipt or 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 Minimum required
square feet loading berths
5,000 to 16,000 1
16,000 to 40,000 2
40,000 to 70,000 3
70,000 to 100,000 4
each additional 40,000 1 additional
Loading space required under this Section shall be at least fifty (50) feet long and ten (10) feet
wide.
502.10-8
ORDINANCE 502 – ZONING ORDINANCE
Section 502.11: SIGNS
Section 502.11: SIGNS
Subd. 1: Purpose. The sign ordinance is intended to establish a comprehensive and
balanced system of sign control that accommodates the need for a well-maintained, safe, and
attractive community, and the need for effective communications including business
identification. It is the intent of this section to promote the health, safety, general welfare,
aesthetics, and image of the community by regulating signs that are intended to communicate to
the public, and to use signs that meet the City’s goals. The purpose and intent of this ordinance is
to:
a) Regulate the number, location, size, type, illumination and other physical
characteristics of signs within the city in order to promote the public health, safety
and welfare.
b) Establish standards which permit all persons the opportunity to display a wide
variety of messages; to preserve and protect the value of land, buildings and
landscapes and promote the attractiveness of the community; to ensure that signs
in the City are not a safety hazard to lives and/or property, to preserve order and
to encourage persons to erect permanent signs and discourage temporary and/or
portable signs.
c) Improve the visual appearance of the City while providing for effective means of
communication, consistent with constitutional guarantees and the City’s goals of
public safety and aesthetics.
d) Provide for fair and consistent enforcement of the sign regulations set forth herein
under the zoning authority of the City.
Subd. 2. Findings. The City of St. Joseph finds it is necessary for the promotion and
preservation of the public health, safety, welfare, and aesthetics of the community that the
construction, location, size, and maintenance of signs be controlled. The City Council hereby
finds as follows:
a) Exterior signs have a substantial impact on the character and quality of the
environment.
b) Signs provide an important medium through which persons may convey a variety
of messages.
c) Signs can potentially create traffic hazards, aesthetic concerns, and detriments to
property values, thereby threatening the public health, safety, and welfare.
52.11-1
ORDINANCE 502 – ZONING ORDINANCE
d)The city’s zoning regulations include the regulation of signs in an effort to
provide adequate means of expression and to promote the economic viability of
the business community, while protecting the City and its citizens from a
proliferation of signs of a type, size, and location that would adversely impact
upon the aesthetics of the community and threaten the health, safety and welfare
of the community. The regulation of the physical characteristics of signs within
the City has had a positive impact on traffic safety and the appearance of the
community.
Subd. 3: Effect. A sign may be erected, mounted, displayed, or maintained in the City if
it is in conformance with the provisions of this ordinance. The effect of this ordinance, as more
specifically set forth herein, is to:
a) Allow a wide variety of sign types in commercial zones, and a more limited
variety of sign types in other zones, subject to the standards set forth in this sign
ordinance.
b) Allow certain small, unobtrusive signs incidental to the principal use of a site in
all zones when in compliance with the requirements of this sign ordinance.
c) Prohibit signs whose location, size, type, illumination, or other physical
characteristics negatively affect the environment and where the communication
can be accomplished by means having a lesser impact on the environment and the
public health, safety and welfare.
d) Provide for the enforcement of the provisions of this sign ordinance.
Subd. 4: Severability. If any section, subsection, sentence, clause, or phrase of this Sign
Ordinance is for any reason held to be invalid, such invalidity shall not affect the validity or
enforceability of the remaining portions of this Sign Ordinance. The City Council hereby
declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or
phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses, or phrases be declared invalid.
Subd. 5: Definitions. The Following words and terms shall have the
meanings ascribed to them in this section:
1.Sign: Any writing, pictorial presentation, number, illustration or
decoration, flag or other device that is used to announce, direct
attention to, identify, advertise, or otherwise make anything known.
The term “sign” shall not be deemed to include the terms “building”
or “landscaping,” or any architectural embellishment of a building
not intended to communicate information.
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ORDINANCE 502 – ZONING ORDINANCE
2.Awning sign: A sign constructed of flexible translucent or fabric-
type material that incorporates a written message or logo on the
exterior.
3.Balloon sign: A sign consisting of a bag made of lightweight
material supported by helium hot or pressurized air which is greater
than twenty four 24 inches in diameter.
4.Banner: attention-getting device which is of a nonpermanent paper,
cloth, vinyl, or plastic like consistency used to promote a specific
community event.
5.Ballpark sign: a sign (1) securely attached to the outfield fences of a
ballpark, (2) whose content can only be viewed from the ‘in-play’
side of the fencing, (3) whose size does not cause it to extend in any
direction beyond the boundaries of the fencing that supports it, (4)
that poses no danger of cuts or other injury to persons using said
ballpark for its intended purposes, and (5) that does not otherwise
interfere with persons using said ballpark for its intended purposes.
6.Billboard. A free standing sign which directs attention to a business,
commodity, service or entertainment not exclusively related to the
premises where such is located or to which it is affixed.
7.Canopy: a roof like cover often of fabric plastic metal or glass on a
support which provides shelter over a doorway.
8.Construction Sign: Any non-illuminated sign that displays
information regarding the construction or development of the
site on which it is displayed.
9.Directional Sign: A sign intended to facilitate the safe
movement of pedestrians and vehicles into, out of, and around
the site on which the sign is located.
10.Dynamic Sign: Any characteristics of a sign that appear to
have movement or that appear to change, caused by any
method other than physically removing and replacing the sign or its
components, whether the apparent movement or change is in the
display, the sign structure itself, or any other component of the sign.
This includes a display that incorporates a technology or method
allowing the sign face to change the image without having to
physically or mechanically replace the sign face or its components.
This also includes any rotating, revolving, moving, flashing,
blinking, or animated display and any display that incorporates
rotating panels, LED lights manipulated through digital input,
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ORDINANCE 502 – ZONING ORDINANCE
“digital ink,” or any other method or technology that allows the sign
face to present a series of images or displays.
11.Freestanding Sign: Any sign not affixed to a building including but
not limited to a ground sign, or monument sign.
12.Flashing Sign: a directly or indirectly illuminated sign which
exhibits changing light or color effect by any means so as to provide
intermittent illumination which includes the illusion of intermittent
flashing light by means of animation. Also any mode of lighting
which resembles zooming, twinkling, or sparkling.
13.Height of Freestanding Sign: actual distance from the average
horizontal grade at the base of the sign to the highest point of the
sign, including any structure or architectural component of the sign.
14.Illuminated Sign: any sign which has characters, letter figures,
designs, or outlines illuminated by electric lights or luminous tubes
as part of the sign proper or by indirect lighting.
15.Marquee: any permanent roof like structure projecting beyond a
building or extending along and projecting beyond the wall of that
building generally designed and constructed to provide protection
from the weather.
16.Mobile Sign (Portable Sign): any sign designed or intended to be
moved or transported by trailer or on wheels. A sign may be a
mobile sign even it if has wheels removed, was designed without
wheels, or is attached temporarily to the ground, a structure, or
other sign.
17.Monument Sign: any free standing sign in which the entire base of
the sign structure is in contact with the ground, providing a solid
and continuous background for the sign.
18.Off-premise sign: any sign which directs the attention of the public
to a business, activity conducted, or product sold or offered at a
location not on the same lot where such sign is located. For
purposes of this sign ordinance, easements and other appurtenances
shall be considered to be outside such lot and any sign located or
proposed to be located in an easement or other appurtenance shall be
considered an off-premise sign.
19.Painted Sign: any sign painted directly on the outside wall or roof of
a building or on a fence, rock, or similar structure or feature in any
zoning district.
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ORDINANCE 502 – ZONING ORDINANCE
20.Pole Sign: see Pylon Sign.
21.Portable Sign: see Mobile Sign.
22.Projecting Sign: any wall sign that protrudes horizontally more than one (1)
foot from the wall to which it is attached.
23.Pylon Sign: any freestanding sign which has its supportive structures
anchored in the ground and which has a sign face elevated above ground
level by poles or beams and with the area below the sign face open.
24.Sandwich Board Sign: any freestanding sign which is composed of
two pieces of flat, rigid material in the shape of a square or rectangle
that are hinged at the top and whose bottom edges rest on the ground
so as to create a triangular shape when being displayed.
25.Shimmering Signs: any sign which reflects an oscillating, sometimes
distorted, visual image.
26.Temporary Sign: any sign that is not permanently affixed to the
ground, a sign that is not permanently affixed to any other permanent
structure that is in turn affixed to the ground, or a sign that is capable
of being moved by mechanical or non-mechanical means, including
sandwich board signs.
27.Wall: any structure which defines the exterior boundaries or courts of
a building or structure and which has a slope of sixty (60) degrees or
greater with the horizontal plane.
28.Wall Sign: any building sign attached parallel to, but within
eighteen (18) inches of a wall, painted on the wall surface of, or
erected and confined within the limits of an outside wall of any
building or structure, which is supported by such wall or building,
and which displays only one (1) sign surface.
29.Window Sign: any sign placed on the interior of a window or
painted on a window such that it can be read from the outside of the
building.
Subd. 6: Permit Required. No sign shall be erected, altered, reconstructed, maintained or
moved in the city without first securing a permit from the city. The content of the message or
speech displayed on the sign shall not be reviewed or considered in determining whether to
approve or deny a sign permit. Application for a permit shall be in writing, addressed to the
Zoning Administrator, and shall contain the following information:
a) names and addresses of all applicants and/or owners of the sign and subject
property ;
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ORDINANCE 502 – ZONING ORDINANCE
b) the address at which any signs are to be erected;
c) the lot, block, and addition at which the signs are to be erected and the street on
which they are to front;
d) a complete set of plans, showing the necessary elevations, distances, size, and
details to fully and clearly represent the construction and place of the signs;
e) the cost of the sign;
f) type of sign (i.e. wall sign, monument sign, etc.);
g) certification by applicant indicating the application complies with all
requirements of the sign ordinance; and
h) if the proposed sign is along a state trunk highway or interstate highway, the
application shall be accompanied by proof that the applicant has obtained a permit
from the state for the sign.
i)Fee. A fee set forth by resolution applies to a permit for signs and shall be
submitted with the required application.
The Zoning Administrator shall approve or deny the sign permit in an expedited manner no more
than 60 days from the receipt of the complete application, including applicable fee. All permits
not approved or denied within 60 days shall be deemed approved. If the permit is denied, the
issuing authority shall prepare a written notice of denial within 10 days of its decision, describing
the applicant’s appeal rights under Section 502.07, Subd 6, and send it by certified mail, return
receipt requested, to the applicant.
Subd. 7: General Provisions. The following regulations shall apply to all signs hereafter
permitted:
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, unless approved by the appropriate
government entity or as set forth in Subd. 26 of Section 502.11, as may be
amended, and pertaining to community event banners.
b) The design and materials of any sign shall be consistent with the building
materials requirements of the district in which the sign is located, and shall be the
same as, or compatible with, the materials and design of the principal building(s)
on the property.
c) Signs shall not be constructed or maintained in a manner which obstructs traffic
visibility.
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ORDINANCE 502 – ZONING ORDINANCE
d) No sign shall be placed that resembles any official marker erected by a
governmental agency or shall display such words as “stop” or “danger.”
e) 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.
f) One (1) sign, regardless of its type, shall be permitted on each parcel of property
in any residential district, and such signs shall be limited to an overall area of six
(6) square feet.
g) The following types of signs are not permitted in any residential district:
1. Awning signs
2. Marquee signs
3. Balloon signs
4. Pole signs
5. Canopy signs
6. Pylon signs
7. Flashing signs
8. Shimmering signs
9. Wall sign
h) Pylon signs and off-premise signs shall only be permitted in the designated
corridors included in Exhibit “A” of this Ordinance. .
i)Monument Signs: The base of the sign shall be constructed of a permanent
material such as concrete, block, or stone. The sign face shall occupy at least 50%
of the monument sign. Signs shall be the same as, or compatible with, the
materials and design of the principal building(s) on the property.
j) Signs which may be or may hereafter become rotted, unsafe, or unsightly shall be
repaired or removed by the property owner or lessee of the property upon which
the sign stands upon notice by the Building Inspector. The owner, lessee, or
manager of any sign that contacts the ground and the owner of the land on which
the same is located shall keep grass, weeds, and other growth cut and shall
remove all debris and rubbish from the lot on which the sign is located. If the
owner, licensee, or lessee 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.
k) No sign shall project more than two (2) feet over a public sidewalk and shall be a
minimum of ten (10) feet above the average ground level directly beneath the
sign.
l) Signs shall not be located on the roof of a building.
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ORDINANCE 502 – ZONING ORDINANCE
m) Signs that are painted directly on the surface of a building may be permitted in
business zoning districts provided that the area of the painted sign be calculated as
part of the maximum total permitted wall sign area for the building.
n) No sign shall violate the side or rear yard setback requirements of the district in
which it is placed. No sign shall be placed within ten (10) feet of a front lot line.
o) No sign shall exceed 200 square feet in surface area.
p) Except for monument signs and temporary signs, the surface area of the base of
any sign shall not exceed 25% of the face area unless structural engineering
illustrates the face cannot meet the wind loading requirements of the Building
Code.
q) Ballpark signs shall be allowed only on those ballparks that are primarily used to
host baseball and/or softball games.
Subd. 8: Illuminated Signs: Illuminated signs shall be shielded to prevent lights from
being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and
may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any
adjacent properties, building, or streets.
Subd. 9: Square footage Calculation (Total Area= A x B):
a)For wall signs, the area of a sign shall be that area within the marginal lines
created by the sign surface which bears the advertisement or, in the case of
messages, figures, or symbols attached directly to the part of a building, which is
included in the smallest rectangular figure which can be made to circumscribe the
message, figure, or symbol displayed thereon.
b)For monument signs, area shall be calculated as for wall signs. Structural
members of the sign, including supports or other decorative features shall not be
considered as a part of the measured sign area:
c)For pylon signs, the entire area of the sign face or cabinet shall be considered as a
part of the measured sign area. Structural supports, provided that they have no
message or other graphics, shall be exempt from the area calculation.
Subd. 10: Landscaping: A site plan shall be submitted as part of any application for a
freestanding sign which includes plans for the landscaping of the area near the sign, and which
demonstrates that the sign will complement the existing or proposed general site landscaping of
the property.
Subd. 11: Vehicle Fuel Facilities: Signs for vehicle fuel facilities shall be regulated by the
sign provisions for the zoning district in which the facility is located, except that within a
freestanding sign, an area not to exceed sixteen (16) square feet shall be allowed for continuous
52.11-8
ORDINANCE 502 – ZONING ORDINANCE
display (no flashing, scrolling or other animation) of electronic or non-electronic changeable
copy identifying current fuel prices in accordance with Minnesota State Statutes Section
239.751, as may be amended.
Subd. 12: Dynamic Displays
1)Findings: Based on studies related to the use of dynamic sign displays and driver
distraction, the City finds that dynamic signs, as defined by this Section have a unique
potential to create driver distraction, a major cause of traffic crashes. As a result, the
City has adopted special regulations that relate to such signs. These regulations shall
apply to all dynamic signage in the City, whether new or existing, conforming or non-
conforming at the time of adoption of this Ordinance.
2)Regulations governing Dynamic Sign Displays
a)Dynamic sign displays shall have messages that change instantaneously, and do
not fade, dissolve, blink, or appear to simulate motion in any way. Prohibited
blinking signs shall include signs which are displayed as continuous solid
messages for less than the time required by subpart (d) of this subsection below.
The exception to this regulation is the allowance of messages that appear to scroll
horizontally across the sign, but are otherwise in compliance with the
requirements of this ordinance.
b)Dynamic sign displays shall not be permitted in any Residential zoning district.
c)Dynamic sign displays shall be permanent signs.
d)No dynamic sign display shall change more than one time per three (3) second
period.
e)Dynamic sign displays shall be no brighter than other illuminated signs in the
same district.
f)Dynamic sign displays shall be designed to freeze the display in the event of
malfunction, and the owner shall discontinue the display immediately upon
malfunction, or upon notice from the City that the display violates the City’s
regulations.
g)No dynamic sign display shall be permitted to be located in a yard or on the side
of a building which abuts a residentially zoned parcel.
Subd. 13: Temporary Signs.
a) Fee. A fee set forth by resolution applies to a permit for temporary or portable
signs.
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ORDINANCE 502 – ZONING ORDINANCE
b) Maximum Size. The maximum size of a portable or temporary sign is sixty-four
(64) square feet; except that the maximum size of a portable or temporary sign in
any residential zoning district is limited to six (6) square feet.
c) Duration. The duration of time that a portable or temporary sign can be located
on a property is limited to forty (40) days in any one calendar year only after
application has been approved for location and placement.
d) Illuminated Signs. Illuminated signs, whether temporary or portable, shall have a
recognized seal of approval of listing from Underwriters Laboratories Inc. (UL)
or other recognized electrical standard and installed in conformance with the
listing or, if more restricted, the National Electrical Code as adopted by the State
of Minnesota.
e) One Sign Per Parcel. There shall be no more than one temporary or portable sign
per parcel of property. In the event that there are multiple tenants on a single
parcel of property on which temporary or portable signs are allowed, not more
than two portable signs shall be located on the parcel at any given time. One
portable sign will be allowed per strip mall site within the B-2 district.
f) Ground Fault Circuit Interpreters. The internal wiring of an illuminated outdoor
sign that is temporary or portable and readily accessible shall be supplied from,
and protected by, ground fault circuit interpreters.
g) Extension Cords. Extension cords used to supply power to portable or temporary
signs shall be enclosed in metal conduit or elevated at least nine (9) feet above the
ground to prevent tripping or electrical hazards.
h) Anchors. Anchors for portable or temporary signs shall be subject to approval by
the Building Inspector and maintained to prevent displacement or tipping over
during high winds.
Subd. 14: Exemptions. The following sign shall not require a permit. This exemption,
however, shall not be construed as relieving the owner of the sign from the responsibility of its
erection and maintenance, and its compliance with the provisions of this ordinance or any other
law or ordinance regulating the same. The exemption is as follows: The changing of the display
surface on a painted or printed sign only. This exemption, however, shall apply only to poster
replacement and/or on-site changes involving sign painting elsewhere than directly on a building.
Subd. 15: Design Standards for Residential Zoning Districts. The general provisions of
Section 502.11 apply to all signs within Residential Zoning District. In addition the following
standards apply.
1. General Provisions applying to all residential zoning districts:
52.11-10
ORDINANCE 502 – ZONING ORDINANCE
a)No sign shall be placed closer than ten feet (10’) to any front property line, except
direction signs which have a zero foot (0’) setback. No sign shall be placed within
a required side or rear setback.
b)No sign shall be placed in any required interior side yard.
c)No sign shall be mounted on the roof of a building.
d)Flashing or rotating signs resembling emergency vehicles shall not be permitted.
e)Illuminated signs are not allowed.
2. R-1 Single Family Residence District and R-2 Two Family Residential District
a)No advertising or business signs shall be permitted, except signs advertising a
permitted home occupation limited to an overall area of six (6) square feet.
b) Subdivision Monument Sign: One unlighted sign having a surface area not
exceeding fifty square feet (50’) per face with an aggregate total of one hundred
(100) square feet and a height not exceeding eight feet (8’) per vehicle entrance
identifying each subdivision or housing development. Such signs are subject to
the following provisions:
1. Landscaping must be provided around the base of the sign.
2. The entrance to a development shall be one that abuts a collector or
arterial road.
3. R-3 Multiple Family Residential District and R-4 Townhouse/Patio Home Residential
District:
a)No advertising or business signs shall be permitted, except signs advertising a
permitted home occupation limited to an overall area of six (6) square feet.
b) Subdivision Monument Sign: One unlighted sign having a surface area not
exceeding fifty square feet (50’) per face with an aggregate total of one hundred
(100) square feet and a height not exceeding eight feet (8’) per vehicle entrance
identifying each subdivision or housing development. Such signs are subject to
the following provisions:
1. Landscaping must be provided around the base of the sign.
2. The entrance to a development shall be one that abuts a collector or
arterial road.
c)One area identification sign for each multiple-residential complex consisting of
three or more units.
52.11-11
ORDINANCE 502 – ZONING ORDINANCE
1.Such signs shall have a surface area of all faces not exceeding an
aggregate of fifty (50) square feet.
2.The height of the sign shall not exceed eight (8) feet.
3.Landscaping must be provided around the base of the sign.
4.The entrance to a development shall be one that abuts a collector or
arterial road.
5.Sign content shall be solely for displaying the name of the apartment
complex.
d)Wall Sign: One wall sign shall be allowed for the purpose of street identification.
Such sign cannot exceed twelve (12) square feet.
Subd. 15: Permitted Signs; Business Districts. The following provisions apply to all
Business Districts.
a) Wall Signs. Each tenant other than those in multi-tenant buildings may have one
flat wall sign. Such signage may extend from the face of the roof over a covered
walk. Such wall signs shall not exceed fifteen (15) percent of the area of the wall
to which the sign is attached, to a maximum of ninety-six (96) square feet.
b) Monument Signs. Each tenant other than those in multi-tenant buildings may
have a monument sign that shall not exceed eighty (80) square feet in surface
area, and twenty ( 20) feet in height, and is setback a minimum ten (10) feet
from the property lines.
c) Multi-Tenant Wall Signs. Each tenant in a multi-tenant building may have a flat
wall sign. The aggregate area of such signs shall not exceed five (5) percent of
the area of the wall to which they are attached.
d) Multi-Tenant Monument Signs. One (1) monument sign shall be permitted for
each multi-tenant building provided the surface area of the sign does not exceed
one-hundred (100) square feet, per side, and twenty (20) feet in height, and is
setback in no case less than ten (10 )feet from the property lines. The area may be
increased to a maximum of one hundred and fifty (150) square feet per side for
developments of over twenty (20) acres.
e) Canopies and Awnings. The design of canopies shall be in keeping with the
overall building design in terms of location size and color. No canopies with
visible wall hangers shall be permitted. Signage on canopies may be substituted
for allowed building signage and shall be limited to 25% of the canopy area.
Internally-illuminated canopies must be compatible with the overall color scheme
of the building.
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ORDINANCE 502 – ZONING ORDINANCE
f) Signs affixed to principal or accessory structures shall be composed of materials
or textures similar to those of the exterior façade to which they are affixed.
Subd. 16: B-1: Central Business District: The general provisions of Section 502.11 apply
to all signs within the B-1 Central Business District. In addition the following
standards apply.
a) Business signs may be erected and maintained in conjunction with a commercial
use provided:
1. Signs shall have a surface area not exceeding fifty (50) square feet per
sign face with an aggregate total not to exceed one-hundred (100) square
feet if double faced.
2. Such sign except a directional sign, is erected only on the premise on
which the use, to which the sign relates, is conducted.
3. Notwithstanding the above, where two or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates. For the purpose of this
subdivision, a combination of two or more business operations within a
single structure includes, but is not limited to, shopping centers, shopping
malls, and subdivided retail, office or industrial buildings offered for lease
or condominium ownership.
4. All freestanding Business Signs shall be landscaped around the base.
Except for monument signs, the surface area of the base of any Business
Sign shall not exceed twenty-five (25) percent of the face area unless
structural engineering illustrates the face cannot meet the wind loading
requirement of the Building Code.
b) Projecting signs are allowed in the B-1 District directly adjacent to Minnesota
Street and College Avenue provided:
1) The projecting sign does not extend beyond the first floor of the
building.
2) No less than ten (10) feet of clearance is provided between the
highest point of the sidewalk and the lowest point of the projecting
sign.
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ORDINANCE 502 – ZONING ORDINANCE
3) Cumulative projecting sign area is not greater than twelve (12)
square feet and maximum sign width not greater than three (3) feet.
4) Maximum distance between a projecting sign and the building face
doesn’t exceed one (1) foot.
c) Sandwich Board Signs are allowed only in the B-1 District directly adjacent to
Minnesota Street and College provided:
1) No more than one (1) sandwich board sign shall be allowed for
each tenant on a parcel of property.
2) The sandwich board sign does not exceed thirty-six (36) inches in
height or thirty (30) inches in width.
3) The sign is displayed only during normal operating hours of the
business on the parcel of property on which the sign is located.
4) The sign does not require any form of electricity or display lights
or moving parts.
5) That such signs do not block driveways, entryways or pedestrian
accesses, do not significantly occlude the sidewalk and/or do not
impact sightlines/view at street intersections.
6) The sign is made of weather and wind resistant materials of
superior quality.
7) The sign is not affixed to the sidewalk, other signage, or temporary
or permanent structure.
8) The maximum aggregate square footage of allowable sign area is
not exceeded.
10) The sign owner provides proof of liability insurance listing the
City as an additional insured and holding the City harmless at the
same time it applies to the City for a permit for the sign.
d) Wall Signs may be placed or painted against the exterior wall or surface of a
building or structure and are subject to the following regulations:
1.Wall Signs shall not project above a roof.
2.Wall Signs shall not exceed one (1) square foot per lineal lot front foot or
fifteen percent (15%) of the building frontage area, or fifty (50) square
feet whichever is the lesser.
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ORDINANCE 502 – ZONING ORDINANCE
e) Maximum Freestanding Sign height is twenty( 20) feet above ground.
Subd. 17: B-2 Highway 75 Business District: In the B-2 Highway 75 Business District,
the general provisions of Section 502.11 apply to all signs. In addition the following standards
apply.
a) Freestanding Signs may be erected and maintained provided:
1. Signs shall have a surface area not exceeding one hundred (100) square
feet per sign face with an aggregate total not to exceed two hundred (200)
square feet if double faced.
2. Such sign except a directional sign, is erected only on the premise on
which the principal use, to which the sign relates, is conducted.
3. Notwithstanding the above, where two (2) or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates.
For the purpose of this subdivision, a combination of two (2) or more
business operations within a single structure includes, but is not limited to,
shopping centers, shopping malls, and subdivided retail, office or
industrial buildings offered for lease or condominium ownership.
4. All Freestanding Signs shall be landscaped around the base. Except for
monument signs, the surface area of the base of any Freestanding Sign
shall not exceed twenty-five (25) percent of the face area unless structural
engineering illustrates the face cannot meet the wind loading requirement
of the Building Code.
5. The maximum height of a Freestanding Sign shall be twenty (20) feet.
b) Wall signs may be placed or painted against the exterior wall or surface of a
building or structure and are subject to the following regulations:
1. That the wall sign does not exceed one and one-half (1 ½) square feet per
lineal lot front foot or fifteen percent (15%) of the building frontage area
or seventy five (75) square feet, whichever is the greatest.
2. Wall signs shall not project above the roof.
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 18: B-3 General Business District: The general provisions of Section 502.11 apply
to all signs within the B-3 General Business District. In addition the following standards apply.
a) Wall Signs. Wall signs may be placed or painted against the exterior wall or surface of a
building or structure and are subject to the following regulations:
1. That the wall sign does not exceed one and one half (1 1/2 ) square feet
per lineal lot front foot or fifteen percent (15%) of the building frontage
area or seventy five (75) square feet, whichever is the greatest.
2. Wall signs shall not project above the roof.
b) Freestanding Signs may be erected and maintained in conjunction with a principal use
provided:
1. Signs shall have a surface area not exceeding one hundred (100) square
feet per sign face with an aggregate total not to exceed two hundred (200)
square feet if double faced.
2. Such Freestanding Sign, except a Directional Sign, is erected only on the
premise on which the principal use, to which the sign relates, is conducted.
Off Premise Signs are prohibited.
3. Notwithstanding the above, where two (2) or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates.
For the purpose of this subdivision, a combination of two or more business
operations within a single structure includes, but is not limited to,
shopping centers, shopping malls, and subdivided retail, office or
industrial buildings offered for lease or condominium ownership.
4. All Freestanding Signs shall be landscaped around the base, shall blend
into the natural features of the lot on which they are contained and shall be
consistent with the master landscaping plan of the development.
5.Except for Monument Signs, the surface area of the base of any
Freestanding Sign shall not exceed twenty-five (25) percent of the face
area unless structural engineering illustrates the face cannot meet the wind
loading requirement of the Building Code.
52.11-16
ORDINANCE 502 – ZONING ORDINANCE
6. The maximum height of a Freestanding Sign shall be twenty ( 20) feet.
b)The following signs are prohibited in the B-3 General Business District:
1.Portable/Mobile/Magnetic Signs
2.Beacons, banners, pennants, search lights, and streamers
3.Flashing or Blinking Signs
4.Roof Signs, except those affixed to parapets.
5.Off-Premise Signs
c)Architectural and Design Standards
1.Principal buildings shall feature sign bands as an integral part of the
exterior architecture. Signs affixed to principal structures shall be placed
within said sign bands and the bands shall not exceed the maximum sign
height allowed in this section.
2.Signs affixed to the principal or accessory structures shall be composed of
materials or textures similar to those of the exterior façade to which they
are affixed.
3.Building sign and color palettes shall be analogous with a color employed
on the facade to which they are affixed. Analogous colors are those that
are next to each other on a color wheel as opposed to complementary
colors which are opposite of one another on the color wheel.
d)Master Sign Plan Required for Multiple Tenant Occupancies.
1.Master sign plans are required for all multiple tenant developments and/or
structures.
2.Sign placement and material for multiple tenant signs shall be uniform and
consistent with the development.
3.All signs contained in the Master Sign Plan shall conform to the
architectural, design, location, and performance standards of the
Ordinance.
e)Comprehensive Sign Plan – Special Use Permit.
1.The comprehensive sign plan special use process is only applicable to the
B-3 District and is an alternative to the strict adherence of the regulations
52.11-17
ORDINANCE 502 – ZONING ORDINANCE
contained in this Ordinance.
2.Applicants may request a special use permit, as provided by Section
502.07 of the City Code, as may be amended, to allow signage which is
not in strict compliance with the provisions of the B-3 District applicable
to signage but which is appropriate to the character of the development.
3.The comprehensive sign plan special use permit process is intended to
encourage a flexible procedure to review area-wide signage plans that:
A)Are appropriately related to the overall character of the development.
B)Provide adequate identification and information,
C)Maintain an acceptable visual environment,
D)Promotes traffic safety, and
E)Are consistent with the purpose and intent of this Ordinance.
4.The comprehensive sign plan special use permit, or any modification
thereto, may contain such conditions, requirements or standards that may
be stipulated by the City Council to assure that signs covered by the plan
will not be detrimental to persons or property in the vicinity, or to the
public welfare.
5.The City Council shall only consider approval of a comprehensive sign
plan after receiving a recommendation from the Planning Commission.
6.Criteria for Special Use Permit review:
A)Consistency with the Architectural and Design Standards contained
in this Ordinance.
B)Sign Location and position: All signs shall be placed where they are
sufficiently visible and readable for their function. Factors to be
considered shall include:
i. The purpose of the sign,
ii.Its location in relation to traffic movement and access points,
iii.Its location in relation to site features and structures, and
iv.Sign orientation relative to viewing distances and viewing
angles.
C)Quantity
i.The quantity of signs approved under a special use permit
52.11-18
ORDINANCE 502 – ZONING ORDINANCE
shall be no greater than that required to provide project
identification and entry signs, internal circulation and
directional information to destinations and development
sub-areas, and business identification. Factors to be
considered shall include the size of the development, the
number of development sub-areas and the division or
integration of sign functions.
ii.The number of signs approved under a special use permit
shall in no case exceed one hundred and twenty-five (125)
percent of that allowed under the traditional review process
within the B-3 District.
D)Size
i.Signs shall be larger than necessary for visibility and
readability. Factors to be considered in determining
appropriate size shall include topography, volume of
traffic, speed of traffic, visibility range, proximity to
adjacent uses, amount of sign copy, placement of display
(location and height), lettering style and the presence of
distractive influences.
ii.No sign approved shall exceed the maximum height
standard for signs contained in the B-3 District by more
than fifty (50) percent.
iii.No sign or combination of signs approved under a special
use permit shall exceed one hundred twenty-five (125)
percent of the maximum area standard allowed on the site
through the traditional review process.
E)Review Process. The review process shall be as prescribed in
Section 502.07, Subd. 3 of the St. Joseph City Code relating to the
processing of special use permits as may be amended.
F)Comprehensive Sign Plan Amendments. Minor amendments to
comprehensive sign plans allowed under a Special Use Permit shall
be reviewed by the Zoning Administrator and do not require a public
hearing provide the proposed changes:
i.The proposed signage change meets all standards
prescribed in the Special Use Permit.
ii.The proposed signage change meets all other standards or
requirements set forth in this section of the City Code.
iii.The proposed signage change will not increase the number
of signs, the height of signs or the sign area authorized
under the application Special Use Permit.
Subd. 19: LI- Light Industrial District: The general provisions of Section 502.11 apply to
all signs within the LI Light Industrial District. In addition the following standards apply.
52.11-19
ORDINANCE 502 – ZONING ORDINANCE
a) Wall Signs. Wall signs may be placed or painted against the exterior wall or surface of
a building or structure and are subject to the following regulations:
1. That the wall sign does not exceed one (1) square feet per lineal lot front
foot or fifteen percent (15%) of the building frontage area or seventy five
(75) square feet, whichever is the greatest.
2. Wall signs shall not project above the roof.
b) Freestanding Signs
1. Freestanding Signs shall have a surface area not exceeding one hundred
(100) square feet per sign with an aggregate total not to exceed two
hundred (200) square feet if double faced.
2. Such sign except a directional sign is erected only on the premises on
which the principal use, to which the sign relates, is conducted.
3. Notwithstanding the above, where two (2) or more separate and individual
commercial operations are conducting business in separate areas of a
single building or structure, in which each operation owns or leases
separate and individual premises, but share in the use and maintenance of
common areas within or around the structure, then and in those
circumstances, each individual business operation may be permitted to
display an individual business sign as provided in subdivisions a) and b),
except that said sign must be directly attached to that particular premises
actually occupied by the business operation to which the sign relates. In
addition to these individual business signs, the combination of business
operations occupying the structure, may maintain a fifty (50) square foot
sign detached from the structure identifying the structure, the individual
business operations located therein, or other reference to the combination
of business operations located within the structure. For purposes of this
subdivision, a combination of two or more business operations within a
single structure includes, but is not limited to, shopping centers, shopping
malls, and subdivided retail, office or industrial buildings offered for lease
or condominium ownership.
4. All Freestanding Signs shall be landscaped around the base. Except for
monument signs, the surface area of the base of any Freestanding Sign
shall not exceed twenty-five (25) percent of the face area unless structural
engineering illustrates the face cannot meet the wind loading requirement
of the Building Code.
5. The maximum height of a Freestanding Sign shall be twenty (20) feet.
52.11-20
ORDINANCE 502 – ZONING ORDINANCE
Subd. 20: Downtown Service Signage Area.
a)The City recognizes a need to give motorists general and directional information in
the densely developed, pedestrian oriented core of the City in a concise and
convenient manner. The pedestrian-oriented core is separate and distinct from
vehicular oriented or residential corridors elsewhere in the City. The intense pattern
of structural development, the volume of pedestrian activity, the mix of property uses,
and activities occurring 24-hours a day may inhibit conveyance of important
messages within the pedestrian-oriented core. To provide a means of effective
communications the City hereby establishes a ‘Downtown Service Signage Area’.
b)The Downtown Service Signage Area is illustrated on the Downtown Service
Signage Area Map which is hereby incorporated by reference. The area illustrated
in the map is described as: those lots fronting on College Avenue and Minnesota
Street from a point beginning on College Avenue at the southern terminus of the
intersection with CSAH 75, extending south on College Avenue to the intersection
of College Avenue and Minnesota Street and then proceeding west along Minnesota
Street to the intersection with CSAH 2 as it traverses in a north/south fashion. All
four quadrants of the intersection at College Avenue and Minnesota Street are
included in the map area. Areas north of the intersection of College Avenue and
CSAH 75 are not included in the Downtown Service Signage Area.
c)Off-premise signs shall be permitted by special use permit on lots which front on
the routes described in the Downtown Service Signage Area Map. Front footage
shall be as defined in the City Code, Section 502.04 (Rules and Definitions) as
may be amended. The standards contained in Section 502.07 and related to special
use permits apply.
d)Off-premise signs shall be ‘monument signs’ as defined in Subdivision 5 of
Section 502.11 as may be amended. Pylon signs are prohibited.
e)Off-premise signs shall not exceed twenty (20) feet in height or fifty (50) square
feet in area per sign face.
f)Off-premise signs are limited to two sides (i.e. sign faces) and one monument
base.
g)No off-premise sign shall be permitted within five hundred (500) feet of an
adjoining residential district, any property being guided by the Future Land Use
Map as residential or any public park, school, library, church, or government
building.
h)In no case shall any off-premise signs be placed on the roof of a building or
structure.
i)Off-premise signs shall be maintained in good, upright condition and sign faces
shall be kept free of sagging or peeling.
52.11-21
ORDINANCE 502 – ZONING ORDINANCE
j)Off-premise signs shall be in composed of materials or textures reasonably similar
in quality to facades in the immediate vicinity of said sign.
k)The City may require off-premise signs be similar is shape, design, and material
components so as to promote and retain visual continuity and a sense of place
within the Downtown Service Area. Said shape, design, and material components
may be represented in a standard developed by the City and hereby incorporated by
reference.
Subd. 21: Portable Signs.
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 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 forty (40) 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.
Subd. 22: Non-Conforming Signs: Compliance. It is recognized that signs exist within
the zoning districts which were lawful before this sign ordinance was enacted, but will be
prohibited under the terms of this section. It is the intent of this sign ordinance that
nonconforming signs shall not be enlarged upon or expanded, nor be used as grounds for adding
other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign
ordinance to permit legal nonconforming signs existing on the effective date of this sign
ordinance to continue as legal nonconforming signs provided such signs are safe, are maintained
so as not to be unsightly, and have not been abandoned or removed subject to the following
provisions:
a) No sign shall be enlarged or altered in a way which increases its nonconformity.
b) If the use of the nonconforming sign or sign structure is discontinued for a period
of one year, the sign or sign structure shall not be reconstructed or used except in
conformity with the provisions of this ordinance.
c) Should such nonconforming sign or sign structure be damaged or structure be
destroyed by any means to an extent greater than fifty (50) percent of its market
value and all required permits for its reconstruction have not been applied for
within 180 days of when the sign or sign structure was damaged, it shall not be
reconstructed or used except in conformity with the provisions of this ordinance.
52.11-22
ORDINANCE 502 – ZONING ORDINANCE
d) Should such sign or sign structure be moved for any reason for any distance
whatsoever, it shall thereafter conform to the regulations for the zoning district in
which it is located after it is moved.
e) No existing nonconforming sign shall be enlarged, expanded or moved except in
changing the sign to a sign permitted in the zoning district in which is it located.
f) When a parcel of property loses its nonconforming status all signs devoted to the
property shall be removed and all signs painted directly on any structure on the
property shall be repainted in a neutral color or a color which will harmonize with
the structure.
Subd. 23: Signs in Developing Subdivisions. During the development of a new
subdivision consisting of two (2) or more lots, there shall be allowed two (2) signs in the
subdivision, not to exceed twelve (12) feet in height. A fee is required to be paid for these signs,
as set by Council resolution. The City shall not review or consider the content of any message to
be displayed on such signs when determining whether to grant a permit. In addition to the signs
mentioned above, there shall be permitted one (1) sign not exceeding four (4) square feet, and
not more than six (6) feet in height, per lot in the subdivision. All signs allowed according to
this Subdivision shall be removed when 75 percent of the lots in the subdivision are fully
developed, or within two (2) years following the beginning of development in the subdivision,
whichever comes first. No signs allowed according to this Subdivision may be illuminated.
Subd. 24: Non-Commercial Speech. Notwithstanding any other provisions of this sign
ordinance, all non-commercial signs of any size may be posted in any number from August 1 in a
state general election year until ten (10) days following the state general election, and all signs
with a surface area of 50 square feet or less containing non-commercial speech may be posted
from eight (8) weeks prior to any special election until seven (7) days following the special
election. Signs permitted under this Subdivision shall be set back a minimum distance of no less
than fifteen (15) feet from the curb line, shall not be on any public right-of-way, and shall not be
permitted on school property or any other public lands.
Subd. 25: Substitution Clause. The owner of any sign which is otherwise allowed by this
sign ordinance may substitute non-commercial speech in lieu of any other commercial speech or
non-commercial speech. This substitution of copy may be made without any additional approval
or permitting. The purpose of this provision is to prevent any inadvertent favoring of
commercial speech over non-commercial speech or favoring of any particular non-commercial
speech over any other non-commercial speech. This provision prevails over any more specific
provision to the contrary.
Subd. 26: Banners. Upon application to the City, a banner may be permitted to be hung
across the right-of-way at the two specified locations designated by the City to promote local
community events only. This ordinance shall not be construed as authorizing any such signs or
banners on public property or on private property other than those specifically authorized by the
City.
52.11-23
ORDINANCE 502 – ZONING ORDINANCE
a)Permit Required. No banner shall be erected, altered, maintained or moved
without first securing a permit from the City. The content of the message or
speech displayed on the sign shall be limited to promoting community events
and shall be reviewed or considered in determining whether to approve or deny
a banner permit. Application for a permit shall be in writing addressed to the
zoning administrator and shall contain the following:
1.Names and addresses of the applicant(s);
2.The event the banner is meant to promote;
3.The location(s) at which any banner is to be erected;
4.The type and content of the banner;
5.A complete set of plans, showing the necessary elevations, distances, size and
details of the banner;
6.The cost of the banner;
7.Certification by applicant indicating the application complies with all
requirements of the banner ordinance; and
8.The dates the applicant(s) request the banner be present.
b)Approval by Planning Committee. Banner plans will be reviewed at regular
meetings by the Planning Committee. In addition, special meetings can be
requested for plan review. In reviewing the proposed banner, the Planning
Committee shall consider the following criteria:
1.Traffic circulation and pedestrian safety. Banners shall not contain content or
be placed in a manner to obstruct the safety of pedestrians, motorists, cyclists,
or other users of the public streets over which they are to hang.
2.Sign Design and Visual Impact.
3.Construction and Maintenance. All banners must be constructed and
maintained by the applicant and must be done in a manner that results in
professionally finished appearance. All banners shall be constructed in such a
manner and of such material that they shall be safe.
All permits not approved or denied within thirty (30) days shall be deemed denied. If the
permit is denied, the issuing authority shall prepare a written notice of the denial within
ten (10) days of its decision.
c)Application Fee. An applicable permit application fee as listed City’s fee
schedule is due upon submission of the application.
d)Erecting and Removing Banner. Each applicant is responsible for hanging and
removing an approved banner. Roadway banners in support of community
events may be displayed for a period not to exceed twenty-one (21) days. All
banners must be removed within 48 hours of the scheduled event.
The use of the posts to hang a banner which promotes a community event will
be given to applicants on a first come, first serve basis.
52.11-24
ORDINANCE 502 – ZONING ORDINANCE
e) Liability Insurance/Hold Harmless. Proof of liability insurance in accordance
with this subdivision shall be delivered to the City Clerk/Administrator prior to
issuance of the permit. The applicant must demonstrate proof of financial
responsibility with regard to liability naming the City as an insured. The policy
of insurance shall be in limits of not less than one million per occurrence.The
liability insurance policy required by this subdivision shall provide that it may
not be cancelled for any cause, either by the insured or the insurance company
without first giving notice to the City in writing of intention to cancel it,
addressed to the City Clerk/Administrator of the City of St. Joseph.
f) Liability. The applicant(s) shall hold the City of St. Joseph harmless from any
and all claims and actions, litigations, and from damages arising out of the
erection, maintenance or removal of any banner allowed under the authority of
this ordinance nor shall the City of St. Joseph be held liable for a claim based
upon enforcement of this ordinance.
g)
otice of Violation/Assessment of Costs. Notice of any violation of this
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ordinance will be sent directly to the applicant(s) or to the party who failed to
submit an application in violation of this subdivision. Violation of this
ordinance is deemed a misdemeanor.
52.11-25
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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
ORDINANCE 502 – ZONING ORDINANCE
Section 502.13: MOVING OF BUILDINGS
Subd. 1. Street or streets, as used in this Section, means all streets and highways in the
City which are not state trunk highways, county state-aid highways, or county roads.
Subd. 2: Exemption. This Section shall not apply to the Minnesota Department of
Transportation.
Subd. 3: Application and Permit Required For Moving Building Through City.
a) It is unlawful for any person to move a building on any street without a moving
permit from the City. This permit is intended for oversize, overweight equipment
and building moving on city roads. A permit for movement is required if
equipment and or vehicles including load exceed the following legal limitations:
1. Legal Dimension Limitations. A permit for movement is required if
equipment and/or vehicles including load exceed the following legal
limitations: maximum over all width-8’6"; maximum overhaul height-
13’6"; maximum overall length-single motor vehicle=40 feet, truck crane
= 45 feet, semitrailer = 48 feet, trailer/semitrailer in 3 vehicle combination
= 28 feet 6 inches, combination of 2 vehicles = 65 feet, truck tractor
semitrailer combination exceeding 65 feet and "twin trailer" 3 vehicle
combinations exceeding 55 feet limited to designed routes. A trailer is
limited to 45 feet long with 65 feet the maximum overall length of a truck
and trailer combination.
2. Legal Gross Weight Limitation. The gross weight on any one axle shall
not exceed 18,000 lbs. on 9-Ton Routes nor 20,000 lbs. on 10-Ton
Designated Routes. Non tandem axle group shall exceed 34,000 lbs. on all
routes. A single axle is defined by law as including all wheels whose
centers may be within 40 inches apart. Wheel load may not exceed 600
lbs. per inch width of tire nor the manufactures recommended load,
whichever is less. The maximum total gross interstate and 10-Ton
Designated routes where a 5-axle combination may not exceed 80,000 lbs.
A 6-axle combination of vehicles may not exceed a total gross weight of
80,000 lbs. on all routes.
b) Other Jurisdiction Authorization. Other jurisdiction authorization for a movement
over streets and roads other than the City streets must be obtained from the
appropriate authorities under whose jurisdiction such streets and roads or
highways come.
502.13-1
ORDINANCE 502 – ZONING ORDINANCE
c) Application Requirements. The application for a moving permit shall state the
approximate size and weight of the structure or building proposed to be moved,
together with the places from and to which it is proposed to move the same, and
proposed route to be followed, proposed dates and times of moving and parking,
and the name and address of the proposed mover. Such application shall also state
any municipal utility, street and public property repairs or alterations that will be
required by reason of such movement.
d) Moving Permit Requirements. The moving permit shall state date or dates of
moving, hours, routing and movement. Permits shall be issued only for moving
buildings by building movers licensed and bonded by the state. Fees to be
charged shall be separate for each of the following: (1) a moving permit fee to
cover use of streets and route approval, and (2) a fee equal to the anticipated
amount required to compensate the City for any municipal utility and public
property (other than streets) repairs or alterations occasioned by such movement.
The latter shall be paid in advance.
Subd. 4: Application and Permit Required – Moving location of building.
a) It is unlawful for any owner of land in the City to or from which a building is to
be moved to permit such movement without an owner's permit.
b) A person seeking issuance of an owner's permit shall file a written application
with City. The application shall not be accepted for filing unless accompanied by
the following:
1. Evidence that all real estate taxes and special assessments against the
building and land from which it is to be removed are paid in full.
2. A written statement, bill of sale or other written evidence that the
applicant is entitled to move the building.
3. Written evidence of arrangements with all public utility companies whose
wires, lamps or poles are required to be removed, for the removal thereof
by the applicant.
4. A cash deposit from the owner of the lot from which the building is to be
moved in the sum of the approximate cost of the following work:
A. Proper shut-off of any/all utilities as may be specified by the utility
service provider; and,
B. Filling all excavations to grade, removing all rubbish, and leaving
the premises in a safe and sanitary condition.
C. If applicable, seventy-five (75) percent of the estimated cost, as
determined by the City, to bring the building moved into the City
into conformance with applicable building code requirements.
502.13-2
ORDINANCE 502 – ZONING ORDINANCE
5. Payment of any moving permit and applicable building permit fee.
6. If the building is to be located within the City after its movement, a survey
by a licensed surveyor of the land to which the building is to be moved,
including the location of the building in relation to the boundaries of the
land.
7. If the building is to be located within the City after its movement,
photographs of:
A. Two or more views of the building to be moved;
B. The lot on which the building is to be located; and,
C. The lands, and structures thereon, adjacent to the lot on which the
building is to be located.
8. Upon receipt of the application accompanied by the fee, deposit, statement
and information required, the City Administrator/Clerk shall review the
application and make such investigation as appropriate including obtaining
recommendations from the Police Department and City Engineer.
Subd. 5: Council Approval.
a) Structures may be moved, after securing a moving permit subject to approval by
the City Council, but without a public hearing provided the structure is a
manufactured housing unit being relocated to an approved Manufactured Home
Subdivision and provided said manufactured housing unit is in compliance with
applicable State Statutes, the Manufactured Home Building Code and applicable
sections of this Ordinance.
b) Public hearing. (if required).
1. Where applicant requests the moving of a building to a location within the
City, the Council shall hold a public hearing. Notice shall be posted,
published in the official newspaper and mailed to owners of real property
within 350 feet of the land to which the building is to be moved at least ten
days prior to the date of the hearing. Failure to give mailed notice or any
defect in the notice shall not invalidate the hearing or any proceedings
taken thereat.
2. Following the hearing the Council shall either deny the permit in writing
or authorize issuance of a permit.
3. Denial of a permit. Any permit under this Subdivision may be denied
upon a finding of any one of the following:
502.13-3
ORDINANCE 502 – ZONING ORDINANCE
A. Applicant has not complied with the requirements of this
Ordinance;
B. Persons or property in the City would be endangered by moving
the building;
C. The building is in a state of deterioration or disrepair;
D. The equipment for moving the building is unsafe and persons and
property would be endangered by its use;
E. The building or its use would not be in compliance with zoning,
building codes or other local, state or federal regulation; or
F. If the location to which the building is to be moved is in the City,
the building is in substantial variance with either the established or
the expected pattern of building development within the
neighborhood to which the building is to be moved. Comparative
age, bulk, architectural style and quality of construction of both the
building to be moved and the buildings existing in the
neighborhood shall be considered in determining whether a
building is in substantial variance.
502.13-4
ORDINANCE 502 – ZONING ORDINANCE
Section 502.14: MANUFACTURED HOME PARKS
Subd. 1: Intent. The intent and purpose of this Section is to assure quality development
equal to that found in other types of residential areas throughout the City. Excellence of design,
usability, development and maintenance that support a quality residential environment is the
desired objective.
Subd. 2: Exception. Manufactured home parks constructed prior to January 1, 1995, that
when constructed, complied with density, lot-size and manufactured home setback requirements,
shall be excluded from density, lot-size and setback requirements contained herein. However,
expansions of manufactured home parks shall be subject to and comply with all requirements of
this Ordinance.
Subd. 3: Application. No person shall attempt to develop or operate a manufactured
home park within the City without obtaining primary and subsequent renewal license(s) from the
Minnesota Department of Health and a Special Use Permit from the City of St. Joseph. The
requirements of a permit shall prevail over all other standards and requirements notwithstanding
the more restrictive subdivisions of this Ordinance. A permit for a manufactured home park may
contain other requirements beyond those mentioned in this Subdivision.
Subd. 4: Required Application Materials. The applicant for a permit, in addition to other
requirements, shall include the name and address of the Developer and a general description of
the construction schedule and construction cost. The application for a permit shall be
accompanied by ten (10) copies of plans that indicate the following:
a) Location and site of the manufactured home park.
b) Location, size and character of all manufactured home lots, manufactured home
stands (i.e. what structure is to be placed on), storage areas, recreational areas,
pedestrian walkways/pathways, central refuse disposal, roadways, parking spaces
and sites, proposed vegetation, proposed screening and all setback dimensions.
c) Detailed landscaping plans and specifications.
d) Location and width of sidewalks/pathways.
e) Plans for sanitary sewage disposal, surface drainage, water supply, electrical
service, telephone service and gas service.
f) Plans for an overhead street lighting system shall be submitted for approval by the
City Engineer.
502.14-1
ORDINANCE 502 – ZONING ORDINANCE
g) Plans for drainage, including each lot and the entire manufactured home park,
shall be submitted for approval by the City Engineer.
h) The proposed method of disposing of garbage and refuse shall be identified and
described.
i) Location and size of all streets abutting the manufactured home park, and all
driveways from such streets to the park. Access to the manufactured home park
must be provided from a public street.
j) Plans and specifications for all road construction either within the manufactured
home park or directly related to park operation.
k) Floor plans of all service buildings to be constructed within the manufactured
home park.
l) Such other information as may be required or requested by the community.
m) Detailed description of maintenance procedures and grounds supervision,
including but not limited to, lawn maintenance, snow removal and garbage
collection and removal. The proposed procedures shall be as restrictive as those
of the City.
n) An acknowledgment wherein the owner of the park grants the City access to the
public areas of the park for purposes including, but not limited to, fire protection,
emergency assistance and routine patrol/police actions.
o) Plans and specifications for severe weather shelters shall be designed in
accordance with state laws.
Subd. 5: Performance Standards for Manufactured Home Parks.
a) Total Land Area Required. Minimum total park area shall be five (5) acres and
not less than 250 feet in width.
b) Distinctive design elements and/or themes common throughout the manufactured
home park are strongly encouraged.
c) All manufactured homes shall be properly connected to the municipal water
supply and the municipal sanitary sewer system. All water and sewer systems
shall be constructed in accordance with plans and specifications approved by the
Planning Commission and City Council.
d) The City shall determine/approve ingress and egress (including the number of
ingress/egress points) to manufactured home parks. Access from a roadway
supervised by another political subdivision shall be approved in writing by the
applicable political subdivision. Said ingress and egress to manufactured home
502.14-2
ORDINANCE 502 – ZONING ORDINANCE
parks shall be designed to minimize congestion and hazards and allow free
movement of traffic on adjacent streets. Distinctive design elements/themes are
strongly encouraged for manufactured park entrances.
e) Internal Streets. Roadways shall be of adequate width to accommodate
anticipated traffic, and in any case shall meet the following minimum
requirements:
1. All internal streets shall be a minimum of 24 feet in width from face-of-
curb to face-of-curb with no parking signs posted by the manufactured
park owner.
2. All streets shall be provided with a paved concrete or bituminous surface.
Pavement edges shall be protected to prevent raveling of the wearing
surface and shifting of the pavement base as required by the City.
3. Street surfaces shall be maintained, free of cracks, holes and other hazards.
4. Maximum speed limits within the park shall not exceed ten (10) miles per
hour.
5. No parking shall be allowed on internal streets.
6. Dead-end streets shall be prohibited, except cul-de-sacs.
7. All streets should be posted with no parking signs.
f) Open Space Required. A minimum of 500 square feet per manufactured home lot
shall be provided for definable play areas with playground facilities/features and
open space within the manufactured home park. Such areas of open space and/or
play area shall not be areas included within any setback nor shall they include any
areas of less than 20 feet in length or width. Open space areas are subject to
approval by the City. The City may reduce the play area square footage
requirement by a maximum of thirty (30) percent of the total square feet required,
if the Park Owner/Developer installs trail facilities within the manufactured home
park.
g) Off-street Overload Parking Required. Each manufactured home park shall
maintain off-street overload parking lot for guests of occupants in the amount of
one (1) space for each three (3) sites. Overload parking lots shall be located
within three-hundred (300) feet of the unit(s) to be served and in compliance with
the parking lots standards contained in Section 502.10 of this Ordinance.
h) Patio required. Each manufactured home lot shall have a four-inch thick concrete
patio with a minimum total square footage of 150 feet. All sides of the patio shall
exceed nine (9) feet in length.
502.14-3
ORDINANCE 502 – ZONING ORDINANCE
i) Pedestrian Access Required. All parks shall be provided with safe convenient all-
season pedestrian access of adequate width for intended use, durable and
convenient to maintain, between individual manufactured home, the park streets
and all community facilities provided for park residents. A common walk system
shall be provided and maintained between locations where pedestrian traffic is
concentrated. Such common walks shall have a minimum width of 4½ feet and
shall be located on at least one side of the street. All manufactured homes shall be
connected to common walks, to paved streets, or to paved driveways or parking
spaces connecting to a paved street. Such individual walks shall have a minimum
width of two (2) feet. Common walkways shall connect to municipal trails where
feasible.
j) Tree Planting Required. A minimum of one tree per lot shall be required. In open
area and park area, a minimum of twenty trees per acre is required. Tree varieties
shall be native to the St. Joseph area. Trees shall be bound and burlapped with a
minimum trunk diameter of two (2) inches. Tree varieties and sizes proposed are
subject to approval by the City.
k) Storm Shelter Plan Required. All manufactured home parks shall provide a storm
shelter or a plan of sheltering for all residents of the park in times of severe
weather conditions such as tornadoes, high winds and floods. The plan shall be
developed with the input and approval of the City and shall be posted at
conspicuous locations throughout the park. The shelter must be available to all
residents of the park at any time of the day or night.
l) The corners of each manufactured home lot shall be clearly marked.
m) All utilities, such as sewer, water, fuel, electric, telephone and television antenna
lead-ins, shall be buried to a depth specified by the City Engineer, and there shall
be no overhead wires or support poles except those essential for street or other
lighting purposes.
n) Screening Required. All manufactured home parks shall be completely screened
along all manufactured home park property boundary lines separating the park
from adjacent properties and/or right-of-ways by a complete perimeter fence
consisting of wood, brick or stone and/or natural growth screening. Such fencing
and/or screening shall be maintained in excellent condition at all times and in all
other respects comply with the standards applicable to fencing and/or screening
set forth within this ordinance.
o) A properly landscaped area shall be adequately maintained around all public
areas, adjacent to all roadways and on each manufactured home lot.
p) Every structure in the manufactured home park shall be developed and maintained
in a safe, approved and substantial manner. The exterior of every such structure
shall be kept in good repair. All of said structures must be constructed to meet
existing city codes, state and federal laws.
502.14-4
ORDINANCE 502 – ZONING ORDINANCE
q) Portable fire extinguishers rated for electrical and liquid fires shall be kept in all
service buildings and other locations conveniently and readily accessible for use
by all occupants.
r) All structures shall require a building permit.
s) It shall be the duty of the operator of the manufactured housing park to keep a
record of all homeowners and occupants located within the park. The park
operator shall keep the record available for inspection at all times by authorized
City officials and other public officials whose duty necessitates acquisition of the
information contained in the record. The record shall not be destroyed until a
period of three years following the date of departure of the registrant from the
park. The record shall contain:
1. The name and address of each unit occupant.
2. The name and address of the owner of each unit.
3. The make, model and year of the unit.
4. The date of arrival and departure of each unit.
t) The operator of any manufactured housing park or a duly authorized attendant
and/or caretaker shall be responsible at all times for keeping the park, its facilities
and equipment in a clean, orderly, operable and sanitary condition. An authorized
attendant or caretaker shall remain within twenty-five (25) miles of the
manufactured home park at all times and shall be answerable, along with said
operator, for the violation of any provisions of these regulations to which said
operator is subject.
u) All land area shall be adequately drained, landscaped to control dust, clean and at
all times free from refuse, garbage, rubbish or debris.
v) The storage, collection and disposal of refuse in the manufactured home park,
storage areas, grounds, buildings and structures shall be so conducted as to avoid
accumulations of debris and in a manner free of health hazards, rodent harborage,
insect breeding, accident or fire hazards or air pollution.
w) The growth of brush, weeds and grass shall be controlled at all times.
x) All provisions of this Ordinance relative accessory structures and outdoor storage
shall be adhered to at all times.
y) Manufactured Home Parks may be subject to additional requirements contained in
this Ordinance including, but not limited to the sections governing parking, home
occupations, flood plain/shoreland, signs, etc.
502.14-5
ORDINANCE 502 – ZONING ORDINANCE
Subd. 6: Manufactured Home Park Lot Requirements.
a) Each manufactured home site shall contain at least five thousand (5,000) square
feet of land area for the exclusive use of the occupant and shall be at least fifty
(50) feet wide.
b) Manufactured homes shall be placed upon manufactured home lots so that there
shall be at least a twenty (20) foot clearance between manufactured homes and
twenty-five (25) feet between the front of the manufactured home and the front lot
line and twenty (20) feet between the rear of the manufactured home and the rear
lot line.
c) Each manufactured home site shall be allowed an accessory building provided
that:
1.The accessory building is located at least three (3) feet from the property
line and there is a six (6) foot clearance between the accessory building
and a structure on the adjoining property.
2.The maximum size of an accessory building shall be 120 square feet (8’ x
10’).
3.The accessory building must match the color of the manufactured home on
the lot which it is located.
d) All structures shall require a building permit.
e) The area occupied by a manufactured home shall not exceed fifty percent (50%)
of the total area of a manufactured home lot.
f) All manufactured homes installed in a manufactured home park shall be placed
upon stands approved by the City and properly anchored to the ground. The
anchoring system shall be installed in conformance with applicable sections of the
State Building Code.
g) A minimum of one healthy tree per lot shall be maintained at all times. Tree
varieties shall be native to the St. Joseph area. Trees shall be bound and
burlapped with a minimum trunk diameter of two (2) inches. Tree varieties and
sizes proposed are subject to approval by the City.
h) Each manufactured home unit shall be skirted at its base with a durable material
that complements and is comparable to the exterior design of the unit.
i) All yards shall be landscaped except for necessary driveway and sidewalk needs
which shall not exceed one-half (1/2) the width of the site.
502.14-6
ORDINANCE 502 – ZONING ORDINANCE
j) Each manufactured home lot shall have off-street parking space for at least two
(2) automobiles. Each space shall be nine (9) feet by twenty (20) feet minimum
and located in the front of the lot.
k) Each site shall be numbered.
l) Fire extinguishing systems shall comply with the Uniform Fire Code.
m) Each manufactured home lot shall be so designed that automobiles may not be
parked within five (5) feet of the front of the manufactured home. Parking of
vehicles on the side or rear portions of an individual lot(s) is prohibited.
n) All manufactured homes moved into the park shall have a construction seal of
code and construction compliance and installation seal as issued by the State of
Minnesota as required under the State Building Code. No manufactured home
may be used or occupied until the city building official has issued a certificate of
occupancy as provided in the City Building Code.
o) All manufactured homes located in manufactured home parks shall be provided
with a landing and steps complying with the building code from each doorway
leading from a manufactured home.
p) All buildings or portions thereof which are determined to be substandard as
defined by the Building Inspector are declared to be public nuisances and shall be
abated by repair, rehabilitation, demolition or removal in accordance with the
procedure specified by the Building Inspector.
q) Manufactured homes that are rented shall at all times be subject to and in
compliance with the City’s Rental Ordinance.
r) Manufactured homes may be subject to additional requirements contained in this
Ordinance including, but not limited to the sections governing parking, home
occupations, flood plain/shoreland, signs, etc.
502.14-7
ORDINANCE 502 – ZONING ORDINANCE
Section 502.15: ADULT ENTERTAINMENT ESTABLISHMENTS
Subd. 1: Purpose and Intent.
a) The purpose and intent of the adult entertainment regulations set forth in this
ordinance is to serve a substantial government interest by attempting to preserve
the quality and vitality of neighborhoods, curtail the depression of property
values, restrain increased criminal activity and slow the spread of sexually
transmitted diseases.
b) Adult Entertainment Establishments, as defined by this Ordinance, because of
their very nature, are recognized as having serious objectionable operational
characteristics that have a deleterious effect upon the use and enjoyment of
adjacent areas. These secondary effects are especially evident where such uses
are concentrated.
c) One of the objectives of this Ordinance is to disperse the adult uses through
separation requirements from another adult use and from other significantly
incompatible uses. The ordinance allows adult entertainment establishments only
in Industry Districts. In this community, those areas provide opportunity for sites
with good visibility and access to major streets and highways.
d) The secondary effects associated with adult entertainment establishments, include
an increased level of criminal activity, increased risk of exposure to sexually
transmitted diseases, depression of property values and a significant change in the
character of surrounding neighborhoods.
e) However, it is recognized that such regulations cannot de facto approach
prohibition. Otherwise, a protected form of expression would vanish. The adult
entertainment regulations set forth herein represent a balancing of competing
interests, reduction of objectionable secondary effects through the regulation of
adult entertainment establishments versus the protected rights of the owners,
operators, performers and patrons of those establishments.
Subd. 2: Definitions. For purposes of this section, the following definitions shall apply:
a) Adult Arcade. An establishment where, for any form of consideration, one or
more motion picture projectors, video players, slide projectors, or 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.
502.15-1
ORDINANCE 502 – ZONING ORDINANCE
b) Adult Bookstore. An establishment that has more than twenty percent (20%) of
its stock-in-trade and offers for sale, any one or more of the following: 1) books,
magazines, periodicals, or other printed matter, or photographs, films, motion
pictures, video cassettes, slides, or other visual representations that are
characterized by an emphasis upon the depiction or description of specified sexual
activities, prohibited nudity or child pornography; or 2) instruments, devices, or
paraphernalia that are designed for use in connection with specified sexual
activities.
c) Adult Cabaret. A nightclub, bar, restaurant, or similar establishment that
regularly features live performances that are characterized by the exposure of
prohibited nudity or by specified sexual activities, or films, motion pictures, video
cassettes, 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.
d) Adult Motion Picture Theater. An establishment where, for any form of
consideration, films, motion pictures, video cassettes, slides, or similar
photographic reproductions are shown, and in which a substantial 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.
e) 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.
f) 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 that term is defined by Minn. Stat. 617.241,
'
Subd. 1(a) or constitutes Prohibited Nudity as herein defined.
g) Sexual Encounter Establishment. An establishment other than a hotel, motel, or
similar establishment offering public accommodations, which, for any form of
consideration, 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 professional person
licensed by the state engages in medical care or sexual therapy; or any accredited
educational institution where prohibited nudity occurs in the context of modeling
for an art class.
502.15-2
ORDINANCE 502 – ZONING ORDINANCE
h) Prohibited Nudity. Prohibited Nudity means and includes any of the following:
1) less than completely and opaquely covered human genitals, pubic regions,
pubic hair, vulva, cleft of the buttocks, anus, or female breasts below a point
immediately above the top of the areolae; or 2) human male genitals in a
discernibly turgid state, even if completely and opaquely covered.
i) Specified Sexual Activities. Includes any of the following: 1) the fondling or
other erotic touching of human genitals, pubic region, buttocks, anus, or female
breasts; 2) sex acts, actual or simulated, including sexual intercourse, oral
copulation, flagellation, bestiality, sodomy or any sexual act which is prohibited
by law. 3) masturbation, actual or simulated; or 4) excretory functions as part of
or in connection with any of the activities set forth in subdivisions 1 through 3 of
this subsection.
Subd. 3: Adult Entertainment Establishment Standards.
a) Adult Entertainment Establishments shall be permitted only in areas zoned as
Industry Districts. Adult Entertainment Establishments shall not be permitted in
any other zoning district. Adult Entertainment Establishments shall have a
minimum separation of 500 lineal feet from any other adult entertainment
establishment, and at least 1,000 lineal feet from any hotel, motel, nursing care
home, home for the elderly, day care facility, church, school, residentially zoned
property or public parks.
b) Adult entertainment establishments shall not sell or dispense intoxicating or non-
intoxicating liquors, nor shall they be located in a building which contains a
business that sells or dispenses non-intoxicating or intoxicating liquors.
c) Adult entertainment establishment business shall not be conducted in a manner
that permits the perception or observation from any property not approved as an
adult use of any materials depicting, describing or related to “specified sexual
activities” or “specified anatomical areas” by any visual or auditory media,
including display, decoration, sign, show window, sound transmission or other
means.
d) Adult entertainment establishments shall prominently display at the entrance and
located within two feet of the door-opening device of the establishment a sign
which states “This business sells or displays material containing adult themes.
Persons under eighteen (18) years of age shall not enter.
e) No person under the age of eighteen (18) shall be permitted on the premises, and
no person under the age of eighteen (18) shall be permitted access to material
displayed or offered for sale or rent by adult entertainment establishments.
502.15-3
ORDINANCE 502 – ZONING ORDINANCE
Section 502.16: HOME OCCUPATIONS
Subd. 1: Purpose. The purpose of this Section is to provide a means through the
establishment of specific standards and procedures by which home occupations can be conducted
in residential neighborhoods without jeopardizing the health, safety and general welfare of the
surrounding neighborhood. In addition, this Section is intended to provide a mechanism
enabling the distinction between permitted home occupations and special or customarily “more
sensitive” home occupations, so that permitted home occupations may be allowed through an
administrative process rather than a legislative hearing process.
Subd. 2: Regulations. All occupations conducted in the home shall comply with the
provisions of this Section, the provisions of the district in which it is located and other sections
of this Ordinance.
Subd. 3: Process. Any home occupation as defined in this Ordinance shall require a
“home occupation license”. Such license shall be issued subject to the conditions of this Section
and other applicable City Code provisions and state law.
a) Permitted Home Occupations. A license for a Permitted Home Occupation may
be issued by the City Administrator/Clerk based upon proof of compliance with
the provisions of this Section. Application for the permitted home occupation
license shall be accompanied by a fee if so designated by City Council resolution.
If the City Administrator/Clerk denies a home occupation license to an applicant,
the applicant may appeal the decision to the City Council which shall make the
final decision. The license shall remain in full force and effect until such time as
there has been a change in conditions or until such time as the provisions of this
Section have been changed. At such time as the City has reason to believe that
either event has taken place, a public hearing shall be held before the Planning
Commission. The City Council shall make a final decision on whether or not the
permit holder is entitled to the license.
b) Special Home Occupations. Applications for Special Home Occupations shall be
submitted to the City Administrator/Clerk for review by the Planning
Commission. The City Council shall act upon the Planning Commission’s
recommendation for the issuance of a Special Home Occupation license.
Subd. 4: Permitted Home Occupation Regulations.
a) Permitted home occupations include and are limited to: art studio, secretarial
services, family day care, foster care, professional offices or consulting, teaching
with musical, dancing and other instructions which consist of no more than one
pupil at a time and similar uses.
502.16-1
ORDINANCE 502 – ZONING ORDINANCE
b) The following regulations shall apply:
1. No person other than those who customarily reside on the premises and/or
one (1) additional employee shall be in one's employ on the premises.
2. All permitted home occupations shall be conducted entirely within the
principal building whenever possible and should not be conducted in an
accessory building.
3. Permitted home occupations shall not create a parking demand in excess
of that which can be accommodated in an existing driveway.
4. The home occupation shall not involve any of the following: repair service
or manufacturing which requires equipment other than found in a home;
teaching which customarily consists of more than one pupil at a time;
over-the-counter sale of merchandise produced off the premises, except
for those brand name products that are not marketed and sold in a
wholesale or retail outlet.
Subd. 5: Special Home Occupations.
a) Examples of Special Home Occupations include: barber and beauty services,
group nursery, bed and breakfasts as outlined in Subd. 502.16; Subd. 5(B)4(c),
photography studio, taxidermy, saw sharpening, small appliances and small
engine repair and other occupations similar in nature.
b) The following regulations shall apply:
1. Any home occupation which does not meet the specific requirements for a
permitted home occupation as defined in this Section shall require a
“special home occupation license” which shall be applied for, reviewed
and disposed of in accordance with the provisions of this Ordinance.
2. Declaration of Conditions. The Planning Commission and the Council
may impose such conditions of the granting of a “special home occupation
license” as may be necessary to carry out the purpose and provisions of
this Section.
3. A “Special Home Occupation License” may be issued for a period of one
(1) year after which the license may be reissued for periods of up to five
(5) years each. Each application for license renewal shall, however, be
processed in accordance with the procedural requirements of the initial
special home occupation license.
502.16-2
ORDINANCE 502 – ZONING ORDINANCE
4. Special Home Occupation Requirements.
A. No person other than a resident shall conduct the home occupation,
except where the applicant can satisfactorily prove unusual or
unique conditions or need for non-resident assistance and that this
exception would not compromise the intent of this Ordinance.
B. The home occupation may involve any of the following: stock-in-
trade incidental to the performance of the service, repair service or
manufacturing which requires equipment other than customarily
found in a home, the teaching with musical, dancing and other
instruction of more than one pupil at a time.
C. Bed and Breakfasts may be permitted as a special home occupation
provided that:
i. Four (4) or fewer rooms are for rent for a period not to
exceed fourteen (14) consecutive days during any ninety
(90) day period.
ii. The establishment conforms with the State Health and
Building Code requirements.
iii. Large functions of twenty five (25) or more such as
receptions or business meetings shall be permitted on-site
providing such functions shall be limited to a maximum of
seventy-five (75) people. The total of said functions shall
not exceed four (4) events per calendar year.
iv. Small functions of less than twenty five (25) people such as
receptions or business meetings shall be permitted on site,
unrestricted.
D. Special home Occupations shall adhere to the off-street parking
requirements within this Ordinance.
E. Massage Therapy may be permitted as a special home occupation
provided that all requirements outlined in this Section and other
City Ordinances are met.
Subd. 6: General Provisions.
a) No home occupation shall produce light glare, noise, odor or vibration that will in
any way have an objectionable effect upon adjacent or nearby property.
502.16-3
ORDINANCE 502 – ZONING ORDINANCE
b) No equipment shall be used in the home occupation which will create electrical
interference to surrounding properties.
c) Any home occupation shall be clearly incidental and secondary to the residential
use of the premises, should not change the residential character thereof, and shall
result in no incompatibility or disturbance to the surrounding residential uses.
d) There shall be no exterior storage of equipment or materials used in the home
occupation, except personal automobiles used in the home occupation may be
parked on the site.
e) There shall be no display or evidence apparent from the exterior of the lot that the
premises are being used for any purpose other than that of a dwelling, with the
exception that one (1) non-illuminated sign measuring one and one-half (1½)
square feet may be attached to the dwelling.
f) Whenever within one (1) year after granting a license, the use as permitted by the
license shall not have been initiated, then such license shall become null and void
unless a petition for extension of time in which to complete the work has been
granted by the Council.
Subd. 7: Non-Conforming Use. Existing home occupations lawfully existing on the
effective date of this Ordinance may continue as non-conforming uses. They shall however, be
required to obtain licenses for their continued operation. Any existing home occupation that is
discontinued for a period of more than one (1) year shall be brought into conformity with the
provisions of this Ordinance prior to re-institution.
Subd. 8: Inspection. The City hereby reserves the right, upon issuing any home
occupation license to have the City Administrator/Clerk or designee inspect the premises in
which the occupation is being conducted to ensure compliance and the provisions of this Section
or any conditions additionally imposed.
502.16-4
ORDINANCE 502 – ZONING ORDINANCE
Section 502.17: MINING AND EXTRACTIVE USES
Subd. 1: Purpose. The purpose of this Section is to control mining operations so as to
minimize conflicts with adjacent land uses and to ensure that the mining area is reclaimed with a
use compatible with the City’s Comprehensive Plan and completely restored at the completion of
the mining/extraction operation.
Subd. 2: Scope.
a) The operations covered by this Section shall be the mining, crushing, washing,
refining or processing of sand, gravel, rock, black dirt, peat and soil and the
removal thereof from the site.
b) For the purposes of this Ordinance, mining shall not include the removal of
materials associated with the construction of a building, the removal of excess
materials in accordance with approved grading plans, development plans, plats,
utility or highway construction, agricultural improvements within the property
and sod removal with resulting materials distributed on the immediate property.
Subd. 3: Permits/Financial Guarantee Required.
a) An interim use permit shall be required for all mining operations. All existing
operations shall obtain a permit upon expansion of the use or upon the resumption
of mining activities after a period of one year without commercial mining activity.
b) The City may require a performance bond or other form of financial guarantee
from the landowner and/or applicant to ensure the conditions of this Section and
the interim use permit are met.
c) Renewal of Interim Use Permits. All property owners and residents within 350 of
the mining operation shall be notified of a proposed mining interim use permit
renewal request.
d) Annual Certificate of Permit Compliance Required. As a condition of any mining
interim use permit, the property owner and/or applicant shall annually submit
graphic and/or narrative information on the mining operation demonstrating
compliance with the approved interim use permit, progress on restoration plans
and related conditions. Said compliance information shall be submitted thirty
(30) days prior to the anticipated opening date of the mine each spring. The City
shall review the compliance information and conduct a field inspection to certify
502.17-1
ORDINANCE 502 – ZONING ORDINANCE
that the mining operation is in compliance with the approved interim use permit
and that the financial guarantee or bonding is adequate to complete the
restoration. The certification shall be completed before mining begins. Failure to
submit the annual compliance information or violations of the interim use permit
shall be grounds for revocation of the interim use permit.
Subd. 4: Application Requirements. The following information shall be provided by the
applicant.
a) Name and address of all applicants/land owners.
b) Legal description(s) of subject property.
c) Total acreage of area to be mined, including future expansion areas.
d) A vicinity map of the proposed site in relation to all areas within 350 feet of the
proposed site including existing land uses, roadways, wetlands, tree stands and
vegetation.
e) A full-size map(s) drawn at a scale of one (1) inch to one-hundred (100) feet
including and ten 8½X11” copies of the map(s):
1. Existing Conditions.
A. Contour map at two (2) foot intervals.
B. Existing vegetation.
C. Observed or estimated groundwater elevation in reference to a
permanent benchmark established in an area within the proposed
site, but not disturbed by the mining operation.
D. Wetlands and existing surface water drainage patterns.
E. Existing structures.
2. Proposed Operations Plan.
A. Structures to be erected.
B. Location of sites to be mined showing depth of proposed
excavation.
C. Type and location of machinery to be used in the mining operation.
502.17-2
ORDINANCE 502 – ZONING ORDINANCE
D. Location of storage of mined materials, showing maximum height
of storage deposits.
E. Location of vehicle parking, access roads, local streets and truck
routes.
F. Location and storage of explosives.
G. Proposed methods for stabilizing slopes from erosion following
seasonal operations.
H. Staging of mining activity.
3. End Use Plan.
A. Final grade of proposed site showing elevations and contour lines
at two (2) foot intervals.
B. Location and species of vegetation to be replanted.
f) A Resource Management Plan including, but not limited to, measures for surface
water runoff, erosion control and preservation of woodland and water resources.
g) A cross-section sketch of proposed mining operations.
h) A proposed land use and development plan to be implemented following the
conclusion of the mining operation.
i) A plan for dust and noise control.
j) A complete description of all phases of the proposed operation to include:
duration of the mining operation, type and amount of sand/gravel/other products
that will be removed, operational hours/days/months, site dewatering
activities/volume, staging plan with approximate acreage included in each stage
and mining and reclamation time schedule.
k) A description of how materials will be transported from the site including the
route, method of carrying, number of carriers involved and ultimate destination.
l) A security statement by the applicant which demonstrates proposed activities will
not jeopardize the public health, safety and welfare and/or the activity is
appropriately fenced to provide adequate protection.
502.17-3
ORDINANCE 502 – ZONING ORDINANCE
m) Written, signed and notarized agreement allowing the City and/or its assigns to
enter the land at any time for the purpose of (1) determining compliance with all
applicable conditions imposed on the operation, (2)carrying out activities covered
by performance bond/other financial guarantees in the event the property
owner/applicant does not comply with standards herein providing the City has
sent a written warning to the property owner/applicant at the address included in
the permit application or (3) providing emergency assistance.
n) Additional information as requested by the City.
Subd. 5: Setbacks.
a) Processing of minerals shall not be conducted closer than one hundred (100) feet
to the property line or 500 hundred (500) feet from a residential or commercial
structure on adjacent properties.
b) Mining operations shall not be conducted closer than two hundred (200) feet from
any residence or residential zoning classification boundary existing on the
approval date of the mining interim use permit.
c) Mining operations shall not be conducted within thirty (30) feet of any property
line or within thirty (30) feet of the right-of-way line of any existing or platted
street.
Subd. 6: Performance Standards. The following standards apply to all mining
operations.
a) Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as
may be necessary to preserve a reasonably neat appearance and to minimize
seeding on adjacent property.
b) Equipment used for mining and extraction operations shall be constructed,
maintained and operated in accordance with applicable local, state and federal
regulations.
c) Mining and extraction shall be conducted in a manner to minimize the production
of noise, dust, odor, glare and vibration adversely affecting adjacent property.
d) The mining operation shall be conducted and ended in a manner which minimizes
interference with the surface water drainage of adjacent properties.
e) Safety fencing may be required around all or portions of the mining operation at
the City’s discretion.
502.17-4
ORDINANCE 502 – ZONING ORDINANCE
f) The location of the intersection of mining access roads with any public roads shall
be selected such that traffic on the access roads will have a sufficient visual
clearance as to ensure turns onto public rights-of-way can be completed safety as
determined by the City Engineer. Signage may be required.
g) All roads from mining operations to public highways, roads or streets or to
adjoining property shall be paved or otherwise maintained to control dust.
h) The intersection of mining access roads and public rights-of-way shall at all times
remain free of mining/extractive debris, sand, dirt, gravel, etc.
i) A screening barrier sufficient to substantially shield mining operations from the
view of adjacent properties, year-round, shall be required between mining
operations and adjacent properties. The City may also require screening between
the mining site and public rights-of-way located within 500 feet of the mining or
processing operation. Proposed screening treatments shall be approved by the
City.
j) All buildings, structures and equipment used for the production or processing of
sand and gravel shall be properly maintained.
k) Hours of operation shall be approved by the City and set forth in the interim use
permit.
l) Water pumps needed for mining operations shall require a permit from the
Department of Natural Resources, Division of Waters, if necessary.
Subd. 7: Land Reclamation. All mining sites shall be reclaimed immediately after
mining operations cease. Reclamation shall be completed within one (1) year. The City may
require a performance bond or other financial guarantee be maintained to assure the reclamation
is completed as planned and within requirements. The City may draw down said financial
guarantee to implement reclamation plans in the event the applicant fails to comply with
approved standards.
a) Within a period of three (3) months after the final termination of a mining
operation, or within three (3) months after abandonment of a mining operation for
a period of six (6) months, or within three (3) months after the expiration of a
mining interim use permit: all buildings, structures, machinery and plants
incidental to such operation shall be dismantled and removed by, and at the
expense of, the mining operator last operating said buildings, structures,
machinery and plants. A maximum one-year, non-renewable extension may be
granted for those buildings, structures, machinery and plants required to process
previously mined materials stored on the site. The City may require a
performance bond or other financial guarantee that said dismantling/removal is
accomplished.
502.17-5
ORDINANCE 502 – ZONING ORDINANCE
b) All peaks and depressions within the subject property shall be graded and back-
filled to a surface which will result in a gently rolling topography in substantial
conformity to the land area immediately surrounding the subject property and
which will minimize erosion due to rainfall. Finished grades shall not exceed a
twenty (20) percent grade.
c) Reclamation shall begin after the mining of twenty-five (25) percent of the total
area to be mined or four (4) acres, whichever is less. Once these areas have been
depleted of the mine deposits they shall be sloped and seeded in compliance with
the end use plan.
d) Reclaimed areas shall be surfaced with soil of a quality at least equal to the
topsoil of land areas immediately adjacent to the subject property at a continuous
depth of at least six (6) inches. The exposed topsoil shall be immediately and at
all times seeded, sodded or planted to minimize erosion.
e) The finished grade shall be such that it will not adversely affect the surrounding
land or future development of the site and shall be consistent with the end use
plan.
502.17-6
ORDINANCE 502 – ZONING ORDINANCE
Section 502.18: SURFACE (STORM) WATER MANAGEMENT
Subd. 1: Findings. The City of St. Joseph hereby finds that uncontrolled and
inadequately planned use of wetlands, woodlands, natural habitat areas, areas subject to soil
erosion and areas containing restrictive soils adversely affects the public health, safety and
general welfare by impacting water quality and contributing to other environmental problems,
creating nuisances, impairing other beneficial uses of environmental resources and hindering the
ability of the City to provide adequate water, sewer, flood control and other community services.
In addition, extraordinary public expenditures may be required for the protection of persons and
property in such areas and in areas which may be affected by unplanned land usage.
Subd. 2: Purpose. The purpose of this Chapter is to promote, preserve and enhance the
natural resources within the City of St. Joseph and protect them from adverse effects occasioned
by poorly sited development or incompatible activities by regulating land disturbing or
development activities that would have an adverse and potentially irreversible impact on water
quality and unique and fragile environmentally sensitive land; by minimizing conflicts and
encouraging compatibility between land disturbing and development activities and water quality
and environmentally sensitive lands; and by requiring detailed review standards and procedures
for land disturbing or development activities proposed for such areas, thereby achieving a
balance between urban growth and development and protection of water quality and natural
areas.
Subd. 3: Scope and Effect.
a) Applicability. Every applicant for Subdivision approval, PUD approval, or
commercial, multiple family residential or industrial permit to allow land
disturbing activities must submit a surface (storm) water management plan to the
City. No Subdivision approval or permit to all land disturbing activities,
including but not limited to, mining, excavation, filling and grading shall be
issued until approval of the surface (storm) water management plan or a waiver of
the approval requirement has been obtained in conformance with the provisions of
this Ordinance. The provisions of this subdivision apply to all land, public or
private, located within the City.
b) Exemptions. The provisions of this Chapter do not apply to:
1. Any part of a Subdivision if a plat for the Subdivision has been approved
by the City on or before the effective date of this Ordinance.
2. Any land disturbing activity for which plans have been approved by the
watershed management organization within six months prior to the
effective date of this Ordinance.
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ORDINANCE 502 – ZONING ORDINANCE
3. A lot for which a zoning permit has been approved on or before the
effective date of this Ordinance.
4. Installation of a fence, sign, telephone and electric poles and other kinds of
posts or poles.
5. Emergency work to protect life, limb or property.
c) The City upon recommendation of the Planning Commission, may waive any
requirement of this subdivision upon making a finding that compliance with the
requirement will involve an unnecessary hardship and the waiver of such
requirement will not adversely affect the standards and requirements set forth in
this subdivision. The City may require as a condition of the waiver, such
dedication or construction, or agreement to dedicate or construct physical
improvements, facilities, property and/or easements as may be necessary to
adequately meet said standards and requirements.
Subd. 4: Surface (Storm) Water Management Plan Approval Procedures.
a) Application.
1. A written application for surface (storm) water management plan
approval, along with the proposed surface (storm) water management
plan, shall be filed with the City Administrator/Clerk and shall include a
statement indicating the grounds upon which the approval is requested,
that the proposed use is permitted by right or as an exception in the
underlying zoning district, and adequate evidence showing that the
proposed use will conform to the standards set forth in this subdivision.
Prior to applying for approval of a surface (storm) water management
plan, an applicant may have the surface (storm) water management plans
reviewed by the City.
2. Two sets of clearly legible blue or black lined copies of drawings and
required information shall be submitted to the City and shall be
accompanied by a receipt evidencing payment of fees (if applicable) for
processing and approval as set forth in Subdivision 5 (E), and a bond when
required by Subdivision 5 (D) in the amount to be calculated in
accordance with that Subdivision. Drawings shall be prepared to scale
appropriate to the site of the project and suitable for the review to be
performed.
502.18-2
ORDINANCE 502 – ZONING ORDINANCE
Subd. 5: Surface (Storm) Water Management Standards.
a) When possible existing natural drainageways, wetlands, and vegetated soil
surfaces must be used to convey, store, filter, and retain stormwater runoff before
discharge to public waters.
b) Development must be planned and conducted in a manner that will minimize the
extent of disturbed areas, runoff velocities, erosion potential, and reduce and
delay runoff volumes. Disturbed areas must be stabilized and protected as soon as
possible and facilities or methods used to retain sediment on the site.
c) When development density, topographic features, and soil and vegetation
conditions are not sufficient to adequately handle stormwater runoff using natural
features and vegetation, various types of constructed facilities such as diversions,
settling basins, skimming devices, dikes, waterways and ponds may be used.
Preference should be given to designs using surface drainage, vegetation, and
infiltration rather than buried pipes and man-made materials and facilities.
d) When constructed facilities are used for stormwater management, documentation
must be provided by a qualified individual that they are designed and installed
consistent with applicable local, state and federal standards.
e) New constructed stormwater outfalls to public waters must provide for filtering or
settling of suspended solids and skimming of surface debris before discharge.
Subd. 6: Surface (Storm) Water Management Plan Required.
a) At a minimum, the surface (storm) water management plan shall contain the
following information:
1. Existing Site Map. A map of existing site conditions showing the site and
immediately adjacent areas, including:
A. The name and address of the applicant; a legal description of the
property directly associated with the request; north point; date;
scale of drawing; and number of sheets;
B. Location of the tract by an insert map at a scale sufficient to clearly
identify the location of the property and giving such information as
the names and numbers of adjoining roads, railroads, utilities,
Subdivisions, towns, and districts or other landmarks;
C. Existing topography with a contour interval appropriate to the
topography of the land but in no case having a contour interval
greater than two (2) feet;
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ORDINANCE 502 – ZONING ORDINANCE
D. A delineation of all streams, rivers, public waters and wetlands
located on and immediately adjacent to the site, including depth of
water, a description of vegetation which may be found in the
water, a statement of general water quality, and any classification
given to the water body or wetland by the Minnesota Department
of Natural Resources, the Minnesota Pollution Control Agency,
and/or the United States Army Corps of Engineers;
E. Location and dimensions of existing surface (storm) water
drainage systems and natural drainage patterns on and immediately
adjacent to the site delineating in which direction and at what rate
surface (storm) water is conveyed from the site, identifying the
receiving stream, river, public water, or wetland, and setting forth
those areas of the unaltered site where surface (storm) water
collects;
F. A description of the soils of the site, including a map indicating
soil types of areas to be disturbed as well as a soil report
containing information on the suitability of the soils for the type of
development proposed and for the type of sewage disposal
proposed and describing any remedial steps to be taken by the
Developer to render the soils suitable; and
G. Vegetative cover and clearly delineating any vegetation proposed
for removal.
2. Site Construction Plan. A site construction plan including:
A. Locations and dimensions of all proposed land disturbing activities
and any phasing of those activities;
B. Locations and estimated dimensions of all temporary soil or dirt
stockpiles;
C. Locations and dimensions of all construction site erosion control
measures necessary to meet the requirements of this Subdivision;
D. Schedule of anticipated starting and completion date of each land
disturbing activity including the installation of construction site
erosion control measures needed to meet the requirements of this
subdivision; and,
E. Provisions for maintenance of the construction site erosion control
measures during construction.
502.18-4
ORDINANCE 502 – ZONING ORDINANCE
3. Plan of Final Site Conditions. A plan of final site conditions on the same
scale as the existing site map showing the site changes including:
A. Finished grading shown at contours at the same interval as
provided above or as required to clearly indicate the relationship of
proposed changes to existing topography and remaining features;
B. A drainage plan of the developed site delineating in which
direction and at what rate surface (storm) water will be conveyed
from the site and settling forth the areas of the site where surface
(storm) water will be allowed to collect;
C. The proposed size, alignment and intended use of any structures to
be erected on the site;
D. A clear delineation and tabulation of all areas which shall be paved
or surfaced, including a description of the surfacing material to be
used; and
E. Any other information pertinent to the particular project which in
the opinion of the applicant is necessary for the review of the
project.
Subd. 7: Plan Review Procedure.
a) Process. Surface (storm) water management plans meeting the requirements of
Subdivision 4 shall be submitted by the City Administrator/Clerk who shall
consult with the City Engineer or Designee for review in accordance with the
standards of Subdivision 6. The Planning Commission shall recommend
approval, recommend approval with conditions, or recommend denial of the
surface (storm) water management plan to the City Council. Following Planning
Commission action, the surface (storm) water management plan shall be
submitted to the City Council at its next available meeting. City Council action
on the surface (storm) water management plan must be accomplished within sixty
(60) days following the date the completed application for approval is filed with
the City Administrator/Clerk.
b) Duration. Approval of a plan submitted under the provisions of this Chapter shall
expire one year after the date of approval unless construction has commenced in
accordance with the plan. However, if prior to the expiration of the approval the
applicant makes a written request to the City Administrator/Clerk for an extension
of time to commence construction setting forth the reasons for the requested
extension, the City may grant one extension of not greater than one single year.
Receipt of any request for an extension shall be acknowledged by the City
502.18-5
ORDINANCE 502 – ZONING ORDINANCE
Administrator/Clerk within fifteen (15) days. The City Administrator/Clerk, after
consulting with the City Engineer shall make a decision on the extension within
thirty (30) days of receipt. Any plan may be revised in the same manner as
originally approved.
c) A surface (storm) water management plan may be approved subject to compliance
with conditions reasonable and necessary to insure that the requirements
contained in this Subdivision are met. Such conditions may, among other matters,
limit the size, kind or character of the proposed development; require the
construction of structures, drainage facilities, storage basins, and other facilities;
require replacement of vegetation; establish required monitoring procedures; stage
the work over time; require alternation of the site design to insure buffering; and
require the conveyance to the City or other public entity of certain lands or
interests therein.
d) Performance Bond. Prior to approval of any surface (storm) water management
plan, the applicant shall submit an agreement to construct such required physical
improvements, to dedicate property or easement, or to comply with such
conditions as may have been agreed to. Such agreement shall be accompanied by
a bond to cover the amount of the established cost of complying with the
agreement. The agreement and bond shall guarantee completion and compliance
with conditions within a specific time, which time may be extended. The
adequacy, conditions and acceptability of any agreement and bond shall be
determined by the City Council or any official of the City as may be designated
by resolution of the City Council.
e) Fees. All applications for surface (storm) water management plan approval shall
be accompanied by a processing and approval fee, if applicable, and as specified
by the City Council through resolution.
Subd. 8: Site Dewatering. Water pumped from the site shall be treated by temporary
sedimentation basins, grit chambers, sand filters, upflow chambers, hydro-cyclones, swirl
concentrators or other appropriate controls as appropriate. Water may not be discharged in a
manner that causes erosion or flooding of the site or receiving channels or a wetland.
Subd. 9: Waste and Material Disposal. All waste and unused building materials,
including but not limited to, garbage, cleaning wastes, debris, wastewater, toxic materials or
hazardous materials, shall be properly disposed of off-site and not allowed to be carried by
runoff into a receiving channel or surface (storm) sewer system.
Subd.10: Tracking. Each site shall have graveled roads, access drives and parking areas
of sufficient width and length to prevent sediment from being tracked onto public or private
roadways. Any sediment reaching a public or private road shall be removed by street cleaning
(not flushing) before the end of each workday.
502.18-6
ORDINANCE 502 – ZONING ORDINANCE
Subd. 11: Drain Inlet Protection. All surface (storm) drain inlets shall be protected
during construction until control measures are in place with a straw bale, silt fence or equivalent
barrier meeting accepted design criteria, standards, and specifications contained in the Minnesota
Pollution Control Agency publication entitled “Protecting Water Quality in Urban Areas”.
Subd. 12: Site Erosion Control.
a) The following criteria (1 through 4) apply to construction activities that result in
runoff on and/or leaving the site.
1. Channeled runoff from adjacent areas passing through the site shall be
diverted around disturbed areas, if practical. Otherwise, the channel shall
be protected as described below. Sheetflow runoff from adjacent areas
greater than ten thousand (10,000) square feet in area shall also be
diverted around disturbed areas, if practical. Diverted runoff shall be
conveyed in a manner that will not erode the conveyance and receiving
channels.
2. All activities on the site shall be conducted in a logical sequence to
minimize the area of bare soil exposed at any one time.
3. Runoff from the entire disturbed area on the site shall be controlled by
meeting either Subsection (a) and (b) or (a) and (c):
A. All disturbed ground left inactive for fourteen (14) or more days
shall be stabilized by seeding or sodding (only available prior to
September 15) or by mulching or covering or other equivalent
control measure.
B. For sites with more than twenty (20) acres disturbed at one time, or
if a channel originates in the disturbed area, one or more temporary
or permanent sedimentation basins shall be constructed. Each
sedimentation basin shall have a surface area of at least one
percent (1%) of the area draining to the basin and at least three (3)
feet of depth and constructed in accordance with accepted design
specifications. Sediment shall be removed to maintain a depth of
three (3) feet. The basin discharge rate shall also be sufficiently
low as to not cause erosion along the discharge channel or the
receiving water.
C. For sites with less than twenty (20) acres disturbed at one time, silt
fences, straw bales or equivalent control measures shall be laced
along all sideslope and downslope sides of the site. If a channel or
502.18-7
ORDINANCE 502 – ZONING ORDINANCE
area of concentrated runoff passes through the site, silt fences shall
be placed along the channel edges to reduce sediment reaching the
channel. The use of silt fences, straw bales or equivalent control
measures must include a maintenance and inspection schedule.
4. Any soil or dirt storage piles containing more than twenty (20) cubic yards
of material should not be located with a downslope drainage length of less
than twenty-five (25) feet from the toe of the pile to a roadway or drainage
channel. If remaining for more than fourteen (14) days, they shall be
stabilized by mulching, vegetative cover, tarps, or other means. Erosion
from piles which will be in existence for less than fourteen (14) days shall
be controlled by placing straw bales or silt fence barriers around the pile.
In-street utility repair or construction soil or dirt storage piles located
closer than twenty-five (25) feet of a roadway or drainage channel must be
covered with tarps or suitable alternative control, if exposed for more than
seven days, and the surface (storm) drain inlets must be protected with
straw bale or other appropriate filtering barriers.
Subd. 13: Surface (Storm) Water Management Criteria for Permanent Facilities.
a) An applicant shall install or construct, on or for the proposed land disturbing or
development activity, all surface (storm) water management facilities deemed
necessary by the City and/or City Engineer to manage increased runoff so that the
two-year, ten-year, and 100-year storm peak discharge rates existing before the
proposed development shall not be increased, and accelerated channel erosion
will not occur as a result of the proposed land disturbing or development activity.
An applicant may also make an in-kind or monetary contribution to the
development and maintenance of community surface (storm) water management
facilities designed to serve multiple land disturbing and development activities
undertaken by one (1) or more persons, including the applicant.
b) The applicant shall give consideration to reducing the need for surface (storm)
water management facilities by incorporating the use of natural topography and
land cover such as wetlands, ponds, natural swales and depressions as they exist
before development to the degree that they can accommodate the additional flow
of water without compromising the integrity or quality of the wetland or pond.
c) The following surface (storm) water management practices shall be investigated
in developing a surface (storm) water management plan:
1. Natural infiltration of precipitation on-site, if located outside of areas
considered sensitive to groundwater contamination;
2. Flow rate reduction by use of open vegetated swales and natural
depressions;
502.18-8
ORDINANCE 502 – ZONING ORDINANCE
3. Surface (storm) water retention facilities; and
4. Surface (storm) water detention facilities.
d) A combination of successive practices may be used to achieve the applicable
minimum control requirements specified in Subsection (1) above. The applicant
shall provide justification for the method selected.
Subd. 14: Design Standards for Detention Facilities. Surface (storm) water detention
facilities constructed in the City of St. Joseph shall be designed according to standards approved
by the City Engineer.
Subd. 15: Models/Methodologies. Hydrologic models and design methodologies used
for the determination of runoff and analysis of surface (storm) water management structures shall
be approved by the City Engineer. Plan, specification, and computations for surface (storm)
water management facilities submitted for review shall be sealed and signed by a registered
professional engineer. All computations shall appear on the plans submitted for review, unless
otherwise approved by the City Engineer.
Subd. 16: Watershed Management and Groundwater Management Plans. Surface
(storm) water management plans shall be consistent with adopted watershed management plans
and groundwater management plans prepared in accordance with Minnesota Statutes Chapter
123B.231 and 103B.255 respectively, and as approved by the local watershed authority as
required by state law.
Subd. 17: Easements. If a surface (storm) water management plan involves direction of
some or all runoff off of the site, it shall be the responsibility of the applicant to obtain from
adjacent property owners any necessary easements or other property interests concerning
flowage of water.
Subd. 18: Surface (Storm) Water Development Fees. Following approval of a surface
(storm) water management plan, applicants shall pay to the City a surface (storm) water
development fee based upon the square footage of the project’s Net Developable Property. “Net
Developable Property” is defined as the gross land area minus the streets and other land area
dedicated to the public. The per square foot fee shall be set by the City Council and adjusted
from time to time by resolution. The City, in its sole discretion, may allow the applicant to offset
the storm water fee, the cost of construction or maintenance of community surface (storm) water
management facilities designed to serve multiple land disturbing and development activities that
the developer paid for.
Updated 1/2005 Section 502, Subd. 18
502.18-9
ORDINANCE 502 – ZONING ORDINANCE
Section 502.19: LAND, WOODLAND AND WETLAND PRESERVATION
Subd. 1: Purpose. The purpose of this Subdivision is to ensure that the natural features
within the City are protected and to minimize any adverse effects development might have on the
environment.
Subd. 2: Soil Erosion and Sedimentation Control.
a) General Standards.
1. All development shall conform to the natural limitations presented by the
topography and soil in order to create the best potential for preventing soil
erosion.
2. Development on slopes with a grade above 12 percent shall be carefully
reviewed to insure that adequate measures have been taken to prevent
erosion, sedimentation, and structural damage.
3. Land shall be developed in increments of workable size such that adequate
erosion and siltation controls can be provided as construction progresses.
The smallest practical area of land shall be exposed at any one period of
time and no exposure shall exceed 65 days unless extended by the
Council.
4. Where the topsoil is removed, sufficient arable soil shall be set aside for
re-spreading over the disturbed area or new topsoil shall be brought in.
The topsoil shall be restored to a depth of four inches and shall be of a
quality at least equal to the soil quality prior to development.
Subd. 3: Woodland Preservation.
a) Structures and other amenities shall be located in such a manner that the optimum
number of trees shall be preserved.
b) If there are no feasible or prudent alternatives to the cutting of trees on a
development site and if trees are cut, trees should be re-planted to restore the
density of trees to that which existed before development.
c) Forestation, reforestation, or landscaping should utilize a variety of tree species
and should not utilize any species under disease epidemic. Species planted should
be hardy under local conditions and compatible with the local landscape.
502.19-1
ORDINANCE 502 – ZONING ORDINANCE
d) Development including grading and contouring shall take place in such a manner
that the root zone aeration stability of existing trees will not be affected and
should provide existing trees with a watering area equal to not less than one-half
of the crown area.
Subd. 4: Regulation of Activities Adjacent to Wetlands.
a) The following activity shall be subject to a 50 foot setback from wetlands: The
construction or maintenance of a building attached to a foundation, including but
not limited to, pole buildings. For purposes of this paragraph, pump houses,
moveable storage sheds, recreational docks and storm water or erosion control
devices shall not be considered buildings.
b) The following activity shall be subject to a 75 foot setback from wetlands: The
construction or maintenance of paved driveways or areas designed for the parking
of a vehicle or trailer.
c) The following activities shall be subject to a 100 foot setback from wetlands:
1. The construction or maintenance of a well used for agricultural irrigation,
or any well less than 50 feet in depth.
2. External storage of materials used in conjunction with industrial or
commercial processing or manufacturing.
3. The storage of waste or refuse generated by industrial or commercial
activities.
4. The construction or maintenance of a septic system.
502.19-2
ORDINANCE 502 – ZONING ORDINANCE
Section 502.20: SHORELAND OVERLAY DISTRICT
Subd. 1: Purpose. The purpose of the Shoreland Overlay District is to protect and
enhance the quality of surface waters by promoting the wise utilization of public waters,
watercourses and related land resources.
Subd. 2: District Application. The Shoreland Overlay District shall be an overlay district
and shall be superimposed on all zoning districts and the Shoreland Overly District shall be the
Shoreland of the public water bodies and water courses as classified in this ordinance. The
standards contained in the Shoreland Overlay District shall be in addition to any other
requirements set forth in this Ordinance. If the district standards are conflicting, the more
restrictive standards shall apply. The boundaries of the Shoreland Overlay District are defined as
follows:
a) 1,000 feet from the ordinary high water level of the classified lakes as listed in
Section 502.20, Subd. 3 of this Ordinance.
b) 300 feet from the ordinary high water level or the lateral extent of the floodplain
when the floodplain extends beyond 300 feet from the ordinary high water level
of the classified rivers and streams as listed in Section 502.20, Subd. 3 of this
Ordinance.
Subd. 3: Shoreland Classification System. The public waters and public waters wetlands
of St. Joseph, Minnesota have been classified below consistent with the criteria found in
Minnesota Rules, part 6120.3000; or successor rule, and the Protected Waters Inventory Map for
Stearns County, Minnesota.
a) The shoreland area for the waterbodies itemized below shall be subject to the
standards of the Shoreland Overlay District.
b) Protected public waters: (# 62) Lake Sarah. Classification: Natural Environment
Lake.
c) Protected watercourses.
1. South Fork of Watab River. Classification: Tributary.
2. Sauk River. Classification: Transitional
502.20-1
ORDINANCE 502 – ZONING ORDINANCE
Subd. 4: Permitted Uses. Uses without water-oriented needs must be located on lots or
parcels without public waters frontage, or, if located on lots or parcels with public waters
frontage, must either be set back double the normal ordinary high water level setback or be
substantially screened form view from the water by vegetation or topography, assuming summer,
leaf on conditions.
The following are permitted uses within the Shoreland Overlay District:
a) Natural Environment Lakes.
1. Single family residential.
2. Duplex, triplex, quad unit residential; provided underlying zoning
classification is two-family or multiple-family and that:
A. No more than 25% of the lakes’ shoreland is or will be occupied
by duplex, triplex or quad unit residential developments.
B. If proposed, watercraft docking facilities for each lot must be
centralized in one location and serve all dwelling units within the
building.
b) Recreational Development Lakes.
1. Single family residential.
2. Duplex, triplex, quad unit residential.
3. Commercial uses, as indicated in the underlying zoning classification.
c) Tributary Streams.
1. Single family residential.
2. Parks and historic sites, when underlying zoning classification is
residential.
3. Semipublic uses, when underlying zoning classification is residential.
4. Duplex, triplex, quad unit residential; provided underlying zoning
classification is two-family or multiple family.
d) Transitional Rivers.
1. Single family residential.
502.20-2
ORDINANCE 502 – ZONING ORDINANCE
2. Duplex, triples, quad unit residential; provided underlying zoning
classification is two-family or multiple family.
Subd. 5: Special Uses. Uses without water-oriented needs must be located on lots or
parcels without public waters frontage, or, if located on lots or parcels with public waters
frontage, must either be set back double the normal ordinary high water level setback or be
substantially screened form view from the water by vegetation or topography, assuming summer,
leaf on conditions.
a) The following are special uses within the Shoreland Overlay District:
1. Natural Environment Lakes.
A. Parks and historical sites.
B. Semipublic uses.
C. Duplex, triplex, quad unit residential, when underlying zoning
classification is single family residential, and provided:
i. No more than 25% of the lakes’ shoreland is or will be
occupied by duplex, triplex or quad unit residential
developments.
ii. If proposed, watercraft docking facilities for each lot must
be centralized in one location and serve all dwelling units
within the building.
D. Commercial uses, as indicated in underlying zoning classification.
E. Residential PUD (note: all residential subdivisions exceeding quad
unit densities may be allowed if designed and approved as
residential PUD’s providing the standards of Section 502.20, Subd.
12 and Subd. 14 of this Ordinance are met.
F. Commercial PUD’s providing the standards of Section 502.20,
Subd. 11 and Subd. 12 of this Ordinance are met.
2. Recreational Development Lakes.
A. Parks and historical sites.
B. Semipublic uses.
502.20-3
ORDINANCE 502 – ZONING ORDINANCE
C. Residential PUD (note: all residential subdivisions exceeding quad
unit densities may be allowed if designed and approved as
residential PUD’s providing the standards of Section 502.20, Subd.
12 and Subd. 14 of this Ordinance are met.
D. Commercial PUD’s providing the standards of Section 502.20,
Subd. 11 and Subd. 12 of this Ordinance are met.
3. Tributary Streams.
A. Parks and historical sites, when underlying zoning classification is
commercial.
B. Semipublic uses, when underlying classification is commercial.
C. Duplex, triplex, quad unit residential, when underlying zoning
classification is single family residential.
D. Commercial uses, as indicated in the underlying zoning
classification.
4. Transitional Rivers.
A. Parks and historical sites.
B. Semipublic uses.
C. Duplex, triplex, quad unit residential, when underlying zoning
classification is single family residential.
D. Commercial uses, as indicated in the underlying zoning
classification.
b) Special uses allowable within shoreland areas shall be subject to review and
approval procedures, and criteria and conditions established in Section 502.07,
Subd 3 of this Ordinance. In addition, the following standards shall apply:
1. A thorough evaluation of the waterbody and the topographic, vegetation
and soils conditions on the site shall be made.
2. The City may require the visibility of structures and other facilities as
viewed from public waters be limited.
3. The City may impose limitations on natural vegetation removed. The City
may require additional vegetation be planted.
502.20-4
ORDINANCE 502 – ZONING ORDINANCE
4. The City may increase setbacks from the ordinary high water mark.
5. The City may impose special provisions for the location, design and use of
structures; utilities; watercraft launching and docking areas; and, vehicle
parking areas.
Subd. 6: Accessory Uses. Accessory uses and structures shall be the same as those listed
in the underlying zoning classification.
Subd. 7: Lot Area Requirements.
a) Sewered Lakes: Natural Environment; Riparian Lots
Type Area Width
Single 40,000 125
Duplex 70,000 225
Triplex 100,000 325
Quad 130,000 425
b) Sewered Lakes: Natural Environment; Non-Riparian Lots
Type Area Width
Single 20,000 125
Duplex 35,000 220
Triplex 52,000 315
Quad 65,000 410
c) Sewered Lakes: Recreational Development; Riparian Lots
Type Area Width
Single 20,000 75
Duplex 35,000 135
Triplex 50,000 195
Quad 65,000 255
d) Sewered Lakes: Recreational Development; Non-Riparian Lots
Type Area Width
Single 15,000 75
Duplex 26,000 135
Triplex 38,000 190
Quad 49,000 245
e) River/Stream: Transitional Rivers
Type Area Width
Single 11,000 250
Duplex 10,000 375
Triplex 12,000 500
Quad 12,000 625
502.20-5
ORDINANCE 502 – ZONING ORDINANCE
f) River/Stream: Tributary Streams
Type Area Width
Single 11,000 75
Duplex 10,000 115
Triplex 12,000 150
Quad 12,000 190
g) River/Streams. Transitional and Tributary commercial lot size and width
requirements shall be the same as those listed in the underlying zoning
classification.
h) In all zoning classifications, only land area above the Ordinary High Water Level
shall be used to meet the minimum lot area and width requirements. Lot width
standards shall be met at the water line and at the building line.
Subd. 8: Setbacks.
a) In addition to setback requirements of the underlying zoning classification, uses
within the Shoreland Overlay District shall be setback (in feet) from Ordinary
High Water Level as follows:
Classification Structure Setback
Natural Environment Lakes* 150
Recreational Development Lakes 75
Transition 50
Tributary 50
* Subdivisions of duplexes, triplexes and quads on Natural Environment Lakes shall be
set back a minimum of 200 feet from the ordinary high water level.
b) In addition to setbacks from the Ordinary High Water Level, all structures in all
shoreland overlay districts shall be set back:
Setback From Structure Setback
Top of a bluff 30 feet
Federal, State, County Highway
rights-of-way 50 feet
Subd. 9: Height Requirements. No portion of any structure shall exceed 25 feet in height
within the Shoreland Overlay District. Berming the building does not allow a building to be
constructed higher than 25 feet. Elevation for the building shall be determined by the average
grade of the land.
Subd. 10: Surface Coverage Requirements. No structure or combination of structures
shall occupy more than 25% of the lot area within the Shoreland Overlay District.
502.20-6
ORDINANCE 502 – ZONING ORDINANCE
Subd. 11: Special Requirements for Commercial Uses.
a) Surface water-oriented commercial uses and industrial, public, or semipublic uses
with similar needs to have access to and use of public waters may be located on
parcels or lots with frontage on public waters. Those uses with water-oriented
needs must meet the following standards:
1. In addition to meeting impervious coverage limits, setbacks and other
dimensional provisions of this ordinance, the uses must be designed to
incorporate topographic and vegetative screening of parking areas and
structures;
2. Uses that require short-term watercraft mooring for patrons must
centralize these facilities and design them to avoid obstructions of
navigation and to be the minimum size necessary to meet the need; and,
3. Uses that depend on patrons arriving by watercraft may use signs and
lighting to convey needed information to the public, subject to the
following general standards:
A. No advertising signs or supporting facilities for signs may be
placed in or upon public waters. Signs conveying information or
safety messages may be placed in or on public waters by a public
authority or under a permit issued by the City of St. Joseph;
B. Signs may be placed, when necessary, within the shore impact
zone if they are designed and sized to be the minimum necessary to
convey the location and name of the establishment and the general
type of goods or services available. The signs must not contain
other detailed information such as product brands and prices, must
not be located higher than ten feet above the ground, and must not
exceed 32 square feet in size. If illuminated by artificial lighting,
such lights shall be shielded or directed to prevent illumination out
across public waters; and
C. Other outside lighting may be located within the shore impact zone
or over public waters if it is used primarily to illuminate potential
safety hazards and is shielded or otherwise directed to prevent
direct illumination out across public waters. This section does not
preclude the use of navigational lighting.
502.20-7
ORDINANCE 502 – ZONING ORDINANCE
4. Uses without water-oriented needs are encouraged to locate on lots or
parcels without public water frontage. If located on lots with public water
frontage, such uses must either be set back double the normal setback
from the ordinary high water level or be substantially screened from view
from the water by vegetation or topography, assuming summer, leaf-on
conditions.
Subd. 12: Other Requirements.
a) All structures, developments and plans shall adhere to other requirements
identified within the underlying zoning classification as well as the following
standards.
b) All structures within the shoreland overlay district adjacent to Transitional Rivers
or Tributaries shall meet the following:
1. All structures, including accessory structures and additions to existing
structures shall be placed so that the lowest floor (basement or first floor if
there is no basement) is at least three (3) feet above the flood of record, if
data is available. If data is not available, the lowest floor shall be placed at
least three (3) feet above the ordinary high water level. Alternately any
structure shall be constructed on fill so that the basement floor, or first
floor if there is no basement, is at or above the Regulatory Flood
Protection Elevation. The finished fill elevation must be no lower than
one foot below the Regulatory Flood Protection Elevation and shall extend
at such elevation at least 15' beyond the limits of the structure constructed
thereon. If more than one of these approaches is used, the highest flood
protection elevation that is determined shall be used for placing all
structures and other facilities.
2. Uses that do not have vehicular access at or above an elevation not more
than two feet below the Regulatory Flood Protection Elevation to lands
outside of the flood plain shall not be permitted unless granted a variance
by the Board of Adjustment. In granting a variance, the Board shall
specify limitations on the period of use or occupancy of the use and only
after determining that adequate flood warning time and local emergency
response and recovery procedures exist.
3. Accessory commercial land uses, such as yards and parking lots may be at
elevations lower than the Regulatory Flood Protection Elevation.
However, a permit for such facilities to be used by the employees or the
general public shall not be granted unless a flood warning system is in
place.
502.20-8
ORDINANCE 502 – ZONING ORDINANCE
c) In addition to the requirements of the underlying zoning classification, all
structures within the shoreland overlay districts adjacent to lakes shall adhere to
the following:
1. The lowest floor at a level shall be placed no lower than the regulatory
flood protection elevation or at least three feet above the highest known
water level, or at least three feet above the ordinary high water level,
whichever is higher.
d) The City shall evaluate soil erosion impacts and development visibility from
public waters before issuing a permit for construction of roads, driveways,
structures or other improvements on steep slopes. When determined necessary,
conditions shall be attached to issued permits to prevent erosion and to preserve
existing vegetation screening of structures, vehicles and other facilities as viewed
from the surface of public waters, assuming summer, leaf-on vegetation.
e) Upon application for a permit or subdivision approval within the shoreland
overlay district, the City shall notify and require the applicant furnish sufficient
site development plans and a hydrologic/hydraulic analysis by a qualified
engineer or hydrologist specifying the nature of the development and whether the
proposed use is located in the floodway or flood fringe and the Regulatory Flood
Protection Elevation for the site. Procedures consistent with Minnesota Rules:
Technical Standards and Requirements for Flood Plain Evaluation shall be
followed during the technical evaluation and review of the development proposal.
The City of St. Joseph shall submit one copy of the information required above to
the respective Department of Natural Resources Area Hydrologist for review and
comment at least 20 days prior to the granting of a permit or manufacture home
park/subdivision approval is granted.
f) Placement and Design of Roads, Driveways, and Parking Areas.
1. Public and private roads and parking areas shall be designed to take
advantage of natural vegetation and topography to achieve maximum
screening from view from public waters. Plans and specifications shall be
provided by a qualified individual, such as a registered professional
engineer, architect or surveyor, showing that all roads and parking areas
are designed and will be constructed to minimize and control erosion to
public waters consistent with the field office technical guides of the local
Soil and Water Conservation District or other applicable technical
materials.
502.20-9
ORDINANCE 502 – ZONING ORDINANCE
2. Public and private roads, driveways, and parking areas shall meet structure
setbacks from the Ordinary High Water mark for the applicable lake or
river classification, and shall not be placed within shore impact zones
when avoidance is an option. If no alternatives exist, they may be placed
within these areas, provided they are designed to minimize adverse
impacts.
g) Vegetative Alterations.
1. Vegetation alterations necessary for the construction of structures,
placement of municipal utilities or the construction of roadways and
parking areas as outlined in this section are exempt from the vegetation
alteration standards that follow.
2. Removal or alteration of vegetation is allowed subject to the following
standards:
A. Intensive vegetation clearing within the shore and bluff impact
zones and on steep slopes is not allowed.
B. In shore and bluff impact zones and on steep slopes, limited
clearing of trees and cutting, pruning and trimming of trees is
allowed to provide a view to the water from the principal dwelling
site and to accommodate the placement of stairways and landings,
picnic areas, access paths and beach and watercraft access areas
provided that:
i. The screening of structures, vehicles or other facilities as
viewed from the water assuming summer, leaf on
conditions is not substantially reduced.
ii. Along rivers, existing shading of water surfaces is
preserved.
iii. Removal of trees, limbs or branches that are dead, diseased
or pose safety hazards are not affected by this standard.
h) Storage of Hazardous Materials.
1. The storage or processing of materials that are, in time of flooding:
flammable, explosive or potentially injurious to human, animal or plant
life is prohibited.
2. Storage of other materials or equipment, where allowed by the underlying
zoning district, may be allowed if readily removable from the area within
the time available after a flood warning or if placed on fill to the
502.20-10
ORDINANCE 502 – ZONING ORDINANCE
Regulatory Flood Protection Elevation. The Regulatory Flood Protection
Elevation is an elevation no lower than one foot above the elevation of the
regional flood plus any increases in flood elevation caused by
encroachments on the flood plain and/or floodway.
i) Water-oriented Accessory Structures.
1. Each lot may have one water-oriented accessory structure not meeting the
normal structure setback provided the water-oriented accessory structure:
A. The structure or facility does not exceed ten (10) feet in height,
exclusive of safety rails, and does not occupy an area greater than
250 square feet.
B. Detached decks do not exceed eight feet above grade at any point.
C. The structure or facility is set back from the ordinary high water
level at minimum of ten (10) feet.
D. The structure or facility is treated to reduce visibility as viewed
from public waters and adjacent shorelands by vegetation,
topography, increased setbacks or color, assuming summer, leaf-on
conditions.
E. The roof may be used as a deck with safety rails, but shall not be
enclosed or used as a storage area.
F. The structure or facility shall not be designed or used for human
habitation and shall not contain water or sewer facilities.
j) Stairways, Lifts and Landings.
1. Stairways and lifts are the preferred alternative to major topographic
alterations for achieving access up and down bluffs and steep slopes to
shore areas. Stairways, sidewalks, lifts and landings must meet the
following design requirements:
A. Stairways, sidewalks and lifts must not exceed four feet in width
on residential lots. Wider stairways, and sidewalks may be used for
commercial properties, public open-space recreational properties,
and planned unit developments if specifically authorized in a
conditional use permit;
B. Landings for stairways and lifts on residential lots must not exceed
36 square feet in area. Landings larger than 36 square feet may be
allowed for commercial properties, public open-space recreational
502.20-11
ORDINANCE 502 – ZONING ORDINANCE
properties, and planned unit developments if specifically
authorized in a conditional use permit;
C. Canopies or roofs are not allowed on stairways, sidewalks, lifts, or
landings;
D. Stairways, sidewalks, lifts or landings may be either constructed
above the ground on posts or pilings, or placed into the ground
provided they are designed and built in a manner that ensures
control of soil erosion;
E. Stairways, sidewalks, lifts or landings must be located in the most
visually inconspicuous portions of lots, as viewed from the surface
of the public waters assuming summer, leaf-on conditions,
whenever practical; and
F. Facilities such as ramps, lifts, or mobility paths for physically
handicapped persons are also allowed as a permitted use for
achieving access to shore areas, provided that the dimensional and
performance standards of this section, and the requirements of the
State Building Code are complied with.
k) Controlled Access or Recreational Lots.
1. Lots intended as controlled accesses to public waters or as recreation areas
for use by owners of nonriparian lots within subdivisions and/or PUDs are
permissible and must meet the following standards:
A. They must meet the width and size requirements for residential
lots, and be suitable for the intended uses of controlled access lots.
B. If docking, mooring or over-water storage of more than six (6)
watercraft is to be allowed at a controlled access lot, the width of
the lot (keeping the same lot depth) must be increased by the
percent of the requirements for riparian residential lots for each
watercraft beyond six, consistent with the following table:
Ratio of Lake Size (acres) Required Increase
to Shore Length (miles) in Frontage (%)
Less than 100 25
100-200 20
201-300 15
301-400 10
More than 400 5
502.20-12
ORDINANCE 502 – ZONING ORDINANCE
C. They must be jointly owned by all purchasers of lots in the
subdivision or by all purchasers of nonriparian lots in the
subdivision who are provided riparian access rights on the access
lot; and,
D. Covenants or other equally effective legal instruments must be
developed that specify which lot owners have authority to use the
access lot and what activities are allowed. The activities may
include watercraft launching, loading, storage, beaching, mooring
or docking. They must also include other outdoor recreational
activities that do not significantly conflict general public use of the
public water or the enjoyment of normal property rights by
adjacent property owners. Examples of the non-significant conflict
activities include swimming, sunbathing or picnicking. The
covenants must limit the total number of vehicles allowed to be
continuously moored, parked or stored over water and must require
centralization of all common facilities and activities in the most
suitable locations on the lot to minimize topographic and
vegetation alterations. They must also require all parking areas,
storage buildings and other facilities to be screened by vegetation
or topography as much as practical from view from the public
water, assuming summer, leaf-on conditions.
Subd. 13: Notification Procedures.
a) Notification to Minnesota Department of Natural Resources.
1. Copies of all notices of public hearing for amendments, conditional uses,
or variances shall be sent to the Commissioner of the Minnesota
Department of Natural Resources at lest ten (10) days prior to such
hearings. The notice shall include a copy of the proposed ordinance or
amendment, or a description of the requested conditional use or variance.
The City shall notify the Commissioner of its final decision on the
proposed action within ten (10) days of the decision. Such action by the
City Council shall become effective only when either:
A. The final decision of the City has previously received certification
of approval from the Commissioner of the Minnesota Department
of Natural Resources; or
B. The City received certification of approval after its final decision;
or
502.20-13
ORDINANCE 502 – ZONING ORDINANCE
C. Thirty (30) days have elapsed from the day the Commissioner of
the Minnesota DNR received notice of the final decision, and the
City has not received from the Commissioner the certification of
approval nor the notice of non-approval; or
D. The Commissioner of the Minnesota DNR certifies his/her
approval after conducting a public hearing.
E. In the event the action is not approved by the Commissioner, the
City may, within thirty (30) days from the notice of non-approval,
file with the Commissioner a request of a Public Hearing pursuant
to DNR standards to reconsider the non-approval.
Subd. 14. Planned Unit Developments.
a) Planned unit developments (PUD's) are allowed as special uses for new projects
on undeveloped land, redevelopment of previously built sites, or conversions of
existing buildings providing the use is allowable in the underlying zoning
classification.
b) PUD’s shall be processed in the manner defined in the underlying zoning
classification and in compliance with this Section.
c) An applicant for a PUD shall submit the following documents prior to final action
being taken on the application request:
1. A site plan and/or plat for the project showing: the boundary of the
proposed development; surface water features and other natural and man
made features; existing and proposed structures and other facilities,
proposed land alterations; the location of municipal utilities; and
topographic contours at a minimum of ten-foot intervals. A PUD that
combines commercial and residential structures shall indicate and
distinguish which buildings and portions of a project are commercial,
residential or a combination of the two.
2. For residential planned unit developments a property owners association
agreement with mandatory membership, all in accordance with the
maintenance and administrative requirements prescribed in Section
502.12, Subd. 8 of this Ordinance.
3. Deed restrictions, covenants, permanent easements or other instruments
that:
A. Properly address future vegetative and topographic alterations;
construction of additional buildings; beaching of watercraft; and
construction of commercial buildings in residential PUD's; and,
502.20-14
ORDINANCE 502 – ZONING ORDINANCE
B. Ensure the long-term preservation and maintenance of open space
in accordance with the criteria and analysis specified in the
maintenance and administrative requirements of this Section.
4. For commercial planned unit developments, and for commercial structures
within residential planned unit developments; a master plan/drawing
describing the proposed project and the floor plan for all commercial
structures to be occupied.
5. Any additional documents as requested by the City of St. Joseph Planning
Commission that are necessary to explain how the PUD will be designed
and will function.
d) PUD Site Suitability Evaluation.
1. Proposed new, or expansions to existing, planned unit developments shall
be evaluated using the following procedures and standards to determine
the suitable area for the dwelling unit/dwelling site evaluation described in
Section 502.16, Subd. 14(f).
2. The project parcel must be divided into tiers by locating one or more lines
approximately parallel to a line that identifies the ordinary high water
level at the following intervals, proceeding landward:
Natural Environment lakes 320 ft.
Recreational Development lakes 267 ft.
Rivers and Tributaries 300 ft.
3. The suitable area within each tier is next calculated by excluding from the
tier area all wetlands, bluffs, and land below the ordinary high water level
of public waters. This suitable area and the proposed development are
then subjected to either the residential or commercial planned unit
development density evaluation steps to arrive at an allowable number of
dwelling units or sites within each tier.
e) PUD Maximum Density.
1. The procedures for determining the allowable density of residential and
commercial planned unit developments are as follows. Allowable
densities may be transferred from a tier to any other tier further from the
public water, but shall not be transferred to any tier closer to the public
water.
2. To determine the allowable density for Residential Planned Unit
Developments:
502.20-15
ORDINANCE 502 – ZONING ORDINANCE
A. The suitable area within each tier is divided by the single
residential lot size standard for the applicable management district.
B. Proposed locations and numbers of dwelling units or sites for the
residential planned unit developments are then compared with the
tier, density, and suitability analyses herein and the maintenance
and design criteria prescribed in Section 502.16, Subd. 14(F).
3. To determine the allowable density for Commercial Planned Unit
Developments:
A. The average inside living area size of dwelling units or sites is
computed. Computation of inside living area need not include
decks, patios, stoops, steps, garages, porches or basements unless
such areas are habitable space;
B. The appropriate floor area ratio is then selected from the following
table based upon the average unit floor area for the appropriate
public water classification;
Recreational
Average Unit Floor Natural Environment
Tributaries Development Lakes
Area in Square Feet Lakes
& Transitional Rivers
200 or less .040 .020 .010
300 .048 .024 .012
400 .056 .028 .014
500 .065 .032 .016
600 .072 .038 .019
700 .082 .042 .021
800 .091 .046 .023
900 .099 .050 .025
1000 .108 .054 .027
1100 .116 .058 .029
1200 .125 .064 .032
1300 .133 .068 .034
1400 .142 .072 .036
1500 or more .150 .075 .038
* For recreational camping areas, use the ratios listed for the average floor area of 400
square feet.
C. Multiply the suitable area within each tier by the floor area ratio to
yield total floor area for each tier allowed to be used for dwelling
units or sites;
502.20-16
ORDINANCE 502 – ZONING ORDINANCE
D. Divide the total floor area by tier computed in item (c) above by
the average inside living area size determined in item (a) above.
This yields the base number of dwelling units and sites for each
tier;
E. Proposed locations and numbers of dwelling units or sites for the
commercial planned unit developments are then compared with the
tier, density and suitability analyses herein and the maintenance
and design criteria prescribed in Section 502.16, Subd. 14(f).
f) PUD Maintenance and Design Criteria.
1. Before final approval of a planned unit development may be granted,
adequate provisions must be developed for the preservation and
maintenance of open spaces in perpetuity, and for the continued existence
and functioning of the development.
2. Deed restrictions, covenants, permanent easements, public dedication and
acceptance, or other equally effective and permanent means shall be
provided to ensure long-term preservation and maintenance of open space.
The instruments must include all of the following protections:
A. Commercial uses shall be prohibited in residential planned unit
developments;
B. Vegetative and topographic alterations, except for routine
maintenance, shall be prohibited;
C. Construction of additional buildings or the storage of vehicles
and/or other materials is prohibited;
D. Uncontrolled beaching of watercraft shall be prohibited.
3. All residential planned unit developments must have a property owners
association with the following features:
A. Membership shall be mandatory for each dwelling unit or site
owner;
B. Each member must pay a pro-rata share of the expenses of the
association, and unpaid assessments may become liens on units or
sites;
C. Assessments must be adjustable to accommodate changing
conditions; and
502.20-17
ORDINANCE 502 – ZONING ORDINANCE
D. The association shall be responsible for insurance, taxes, and
maintenance of all commonly owned property and facilities.
4. All planned unit developments must contain open space meeting all of the
following criteria;
A. At least 50 percent of the total project area must be preserved as
open space;
B. Dwelling units or sites, road rights-of-way, land covered by road
surfaces, parking areas, and structures are developed areas and
shall not be included in the computation of open space;
C. Open space must include those areas with physical characteristics
unsuitable for development in their natural state, and areas
containing significant historic sites or unplatted cemeteries;
D. Open space may include outdoor recreational facilities for use by
owners of dwelling units or sites, by guests staying in commercial
dwelling units or sites, and by the general public;
E. Open space may include subsurface sewage treatment systems
provided the use of the space is restricted to avoid adverse impacts
on such systems;
F. Open space must not include commercial facilities or uses;
G. The appearance of open space areas, including topography,
vegetation, and allowable uses, must be preserved by use of
restrictive deed covenants, permanent easements, public dedication
and acceptance, or other equally effective and permanent means;
and
H. The shore impact zone, based upon normal structure setbacks,
must be included as open space. For residential planned unit
developments, at least 50 percent of the shore impact zone of
existing developments and at least 70 percent of the shore impact
zone area of new developments must be preserved in its natural or
existing state. For commercial planned unit developments, at least
50 percent of the shore impact zone must be preserved in its
natural state.
5. Erosion control and stormwater management plans must be developed and
the PUD must:
502.20-18
ORDINANCE 502 – ZONING ORDINANCE
A. Adhere to stormwater standards set forth within Section 502.18 of
this Ordinance.
B. Impervious surface coverage within any tier must not exceed 25
percent of the tier area, except that for commercial planned unit
developments 35 percent impervious surface coverage may be
allowed in the first tier of general development lakes with an
approved stormwater management plan consistent with Section
502.18 of this Ordinance.
6. Centralization and design of facilities and structures must be done
according to the following standards:
A. Planned unit developments shall be connected to municipal
utilities.
B. Dwelling units or sites must be clustered into one or more groups
and located on suitable areas of the development. They must be
designed and located to meet or exceed the following dimensional
standards for the applicable shoreland classification: setback from
the ordinary high water level; elevation above the surface water
features; and maximum height;
C. Shore recreation facilities, including but not limited to swimming
areas, docks and watercraft mooring areas and launching ramps
must be centralized and located in suitable areas. Evaluation of
suitability must include consideration of land slope, water depth,
vegetation, soils, depth to groundwater and bedrock, or other
relevant factors. The number of spaces provided for continuous
beaching, mooring, or docking of watercraft must not exceed one
for each allowable dwelling unit or site in the first tier (not
withstanding existing mooring sites in an existing commercially
used harbor). Launching ramp facilities, including a small dock
for loading and unloading equipment, may be provided for use by
occupants of dwelling units or sites located in other tiers;
D. Structures, parking areas, and other facilities must be treated to
reduce visibility as viewed from public waters and adjacent
shorelands by vegetation, topography, increased setbacks, color, or
other means, assuming summer, leaf-on conditions. Vegetative
and topographic screening must be preserved, if existing, or may
be required to be provided;
E. Accessory structures and facilities must meet the required principal
structure setback, and must be centralized.
502.20-19
ORDINANCE 502 – ZONING ORDINANCE
Subd. 15: Conversions to Planned Unit Developments.
a) Resorts or other land uses and/or facilities may be converted to residential
planned unit developments provided all of the following standards are met:
1. Proposed conversions must be initially evaluated using the same
procedures as for residential planned unit developments involving all new
construction. Inconsistencies between existing features of the
development and the PUD standards shall be identified.
2. Deficiencies involving structure color, impervious surface coverage, open
space and shore recreation facilities must be corrected as part of the
conversion, or as specified in the Special Use Permit.
3. Shore and bluff impact zone deficiencies must be evaluated and
reasonable improvements made as part of the conversion. These
improvements must include, where applicable, the following:
A. Removal of extraneous buildings, docks, or other facilities that no
longer need to be located in shore or bluff impact zones;
B. Remedial measures to correct erosion sites and improve the
vegetative cover and screening of buildings and other facilities as
viewed from the water; and
C. If existing dwelling units are located in shore or bluff impact
zones, conditions that preclude exterior expansions in any
dimension or substantial alteration are attached to approvals of all
conversions. The conditions must also provide for future
relocation of dwelling units, where feasible, to other locations
meeting all setback and elevation requirements when they are
rebuilt or replaced.
4. Existing dwelling unit or dwelling site densities that exceed standards
prescribed in Section 502.20, Subd. 14 (e) of this Ordinance may be
allowed to continue but shall not be increased, either at the time of
conversion or in the future. Efforts must be made during any such
conversion to limit impacts of high densities by requiring seasonal use,
improving vegetative screening, centralizing shore recreation facilities, or
other means.
502.20-20
ORDINANCE 502 – ZONING ORDINANCE
Section 502.21: TRANSPORTATION CORRIDOR OVERLAY DISTRICT SITE AND
DESIGN STANDARDS
Subd. 1: Intent.
a) This district is intended to protect and promote the health, safety and general
welfare of the public; to enhance the visual appearance of the corridor; to protect
and promote the appearance, character and economic values along the corridor
and the surrounding neighborhoods.
b) This district is furthermore intended to maintain the long-term function of arterial
and collector roadways; to limit access and the number of conflict points; to
promote vehicular circulation; and to promote prevention or reduction of traffic
congestion and danger in the public streets.
Subd. 2: Scope.
a) The Transportation Corridor Overlay District shall be defined as follows:
1. West CSAH 75
A. North of CSAH 75: areas within 300 feet of the CSAH 75 right-of-
st
way from CSAH 3 east to 1 Avenue NW.
B. South of CSAH 75: areas within 300 feet of the CSAH 75 right-of-
st
way from the western city limits east to 1 Avenue NW.
2. East CSAH 75:
A.North of CSAH 75: areas within 300 feet of the CSAH 75 right-of-way
and north of the Wobegon Trail from a point 500 feet west of Northland
Drive east to CR 134
.
B.South of CSAH75: areas within 300 feet of the CSAH 75 right of way
th
from 4 Avenue NE east to the easterly city limits (east of CR 134).
3. 1-94 Corridor:
A. 500 feet from the nearest edge of the 1-94 right-of-way.
Subd. 3: Exemptions.
502.21-1
ORDINANCE 502 – ZONING ORDINANCE
A. Single and two-family residential uses shall not be subject to the
standards of the transportation corridor overlay district. However,
at such time that a single or two-family residential use is to be
converted to another use it will be subject to the standards of the
transportation corridor overlay district.
B. Structures existing prior to adoption of the Ordinance.
stth
C.Areas along CSAH 75 located between 1 Avenue NW and 4
Avenue NE.
Subd. 4: Uses Allowed. Permitted, conditional, interim and accessory uses allowed
within the transportation corridor overlay district shall be the same uses as those allowed in the
applicable underlying zoning district(s).
Subd. 5: Setbacks, site coverage, building height, building requirements contained within
the applicable underlying zoning district shall apply. In addition the following standards shall be
observed. All buildings shall maintain a minimum setback of forty (40) feet from the road right-
of-way limit. Front setbacks on each side of corner lots shall be maintained.
Subd. 6: Parking Standards. The following standards shall be in addition to those
required within Section 804 of this ordinance relating to off-street parking and loading. Where
standards conflict the most restrictive standard shall apply.
a) Parking areas shall be designed and located so as to have minimal visual impact
along transportation corridors. Therefore, all parking areas shall be constructed in
the rear or side yards, unless specifically permitted in the front yard by the
Planning Commission. When permitted in the front yard, additional landscaping
and buffering may be required by the Planning Commission to minimize visual
impact. No parking will be allowed within a forty (40) setback from the nearest
boundary of the applicable transportation corridor right-of-way limit.
b) Where a development application covers land located adjacent to an existing
parking lot used for similar purposes, a vehicular connection between the parking
lots shall be provided wherever possible. For development applications adjacent
to vacant properties, the site shall be designed and constructed to provide for a
future connection.
c) Parking lot landscaping. All development sites shall landscape an area equivalent
to fifteen (15) percent of the total area of the required parking lot. Said required
landscaping shall be employed within the subject parking lot and adjacent to
walkways within and leading to/from the subject parking lot.
Subd. 7: Sign Standards. The following standards shall be in addition to those required
within Section 502.11 of this ordinance relating to signs. Where standards conflict the most
restrictive standard shall apply.
502.21-2
ORDINANCE 502—ZONING ORDINANCE
a) Free-standing signs shall not be placed nearer than twenty (20) feet from the
nearest edge of the right-of-way.
b) Free-standing signs within the required landscaped greenway shall be designed in
a manner complementary to the landscaped greenway.
C) Free-standing identification signs shall have a low-profile design not more than
twenty (20) feet in height and shall be designed to complement and reflect the
architecture of the building.
Subd. 8: Site Design Standards.
a) Viewsheds.
1. Viewsheds shall be defined as the natural environment or landscaped
topography that is visible from one or more viewing points. The viewshed
in the transportation corridor overlay district shall at a minimum
correspond to a forty (40) foot landscaped greenway as measured from the
nearest edge of the applicable right-of-way.
2. Viewsheds shall be considered in all development proposal applications
within the transportation corridor overlay district.
3. Development shall be designed to minimize the visual intrusion of all
structures in the viewshed.
b) Outside storage/display of goods. Outside storage or display of goods except
automotive and similar large item sales shall be completely screened from the
view of the corridor roadway by the employment of a vegetative buffer. This
standard is in addition to those required within the underlying zoning
classification and Section 502.10, Subd. 10 of this ordinance relating to outdoor
storage. Where standards conflict the most restrictive standard shall apply.
c) Utilities. Utility lines, including electric, cable and telephone, to serve the
development project shall be installed underground. All junction and access boxes
shall be screened. All utility pad fixtures, meter boxes, etc. shall be shown on the
site plan and integrated with the architectural elements of the site. In redeveloping
areas within the transportation corridor overlay placement of utility lines
underground is highly encouraged.
d) Street tree landscaping. In all instances where commercial and/or multi-family
residential districts are adjacent to any public street, street tree/landscaping will be
required as approved by the City.
Subd. 9: Building Layout/Design.
502.21-3
ORDINANCE 502 – ZONING ORDINANCE
a) Integrated development. All buildings within the property shall be developed as a
cohesive entity, ensuring that building placement, architectural treatment,
vehicular and pedestrian circulation and other development elements work
together functionally and aesthetically. Architectural treatment shall be designed
so that all building facades of the same building (whether front, side, or rear) that
are visible from the public right-of-way, shall consist of similar architectural
treatment in terms of materials, quality, appearance and detail.
b) Clustering. Buildings shall be clustered together to preserve natural and landscape
open areas along the transportation corridor. Buildings shall be arranged in a
manner that creates well-defined open space that is viewable from the traveled
portion of the corridor.
c) Architectural Appearance/Scale.
1. New buildings shall have generally complex exterior forms, including
design components such as windows, doors, and changes in roof and
facade orientation. Large flat expanses of featureless exterior wall shall be
avoided. The treatment of buildings shall include vertical architectural
treatment at least every 25-30 feet to break down the scale of the building
into smaller components.
2. Orientation. Building facades and entrances should be oriented in a
manner toward the primary means of vehicular access.
3. Scale and proportion. New construction should relate to the dominant
proportions of buildings and streetscape in the immediate area. The ratio
of height to width and the ratio of mass (building) to void (openings)
should be balanced.
4. Architectural details shall continue on all facades visible from the public
right-of-way.
5. Any facade with a blank wall shall be screened with vegetative treatments
and/or the installation faux architectural treatments (e.g. fenestrations) so
as to break up the mass and bulk of the facade in a manner fitting the
intent of this section.
d) Materials. Building materials shall be typical of those prevalent in commercial
areas, including, but not limited to, stucco, brick, architectural block, decorative
masonry, non-reflective glass and similar materials. Architectural metal may be
used for a portion of facades facing public rights of way but shall not be the
dominant material employed with windows and doors being excluded from this
calculation.
502.21-4
ORDINANCE 502 – ZONING ORDINANCE
e) Color. The permanent color of building materials (to be left unpainted) shall
resemble earthen tones prevalent in nature. Showy and striking colors shall be
avoided.
f) Lighting:
1. All outdoor lighting fixtures shall be down-directed, with light trespass not
to exceed 0.4 foot-candles at the property line.
2. All island canopy ceiling fixtures shall be recessed.
3. Whenever possible commercial lighting should be reduced in
volume/intensity when said commercial facilities are not open for
business.
Subd. 10: Vegetative Screening/Buffers.
a) This standard is in addition to those in Section 502.12, Subd. 3 of this ordinance
relating to landscaping. Where standards conflict the most restrictive standard
shall apply.
b) Any required vegetative/planting screen shall be designed, planted and maintained
in accordance with a landscaping plan approved by the Zoning Administrator.
c) The planting screen shall provide an effective buffer between the area to be
screened and the adjoining roadway or commercial/industrial development.
d) The planting screen may be comprised of previously existing vegetation (provided
that the majority of such existing vegetation is trees), new plantings or any
combination of existing vegetation and new plantings. When complete, the
vegetation and plantings shall provide a dense year-round screen satisfying the
purpose and intent of this section.
e) The planting screen may consist of a mixture of deciduous and evergreen trees
and/or shrubs or a planting of evergreen trees and/or shrubs.
f) The planting screen shall be subject to on-site inspection by the City which, if
necessary, may prescribe that additional plantings be made in order to satisfy the
standards set out herein.
g) The property owner shall maintain vegetative/planting screening in accordance
with the approved landscaping plan and to abide by requirements for any
additional plantings.
h) Vegetative buffering. In all instances where commercial and/or multi-family
residential districts are adjacent to single-family residential districts and in all
502.21-5
ORDINANCE 502 – ZONING ORDINANCE
instances where commercial districts are adjacent to multi-family residential
districts, there shall be established within the commercial and/or multi-family
district, as applicable, a screened yard of vegetative buffering between the
districts. The arrangement and spacing of the vegetative buffer shall be provided
in such a manner as to effectively screen the activities of the subject lot. It shall
generally be provided along the property line, unless topographic or other
considerations would make it more effective if located back from the property
line.
Subd. 11: Design Flexibility. Alternatives to the requirements listed above may be
approved by the City Council, upon recommendation of the Planning Commission for
existing lots of record prior to July, 2012, where due to the lot size and/or configuration it
is determined it is not feasible to reasonably accommodate the increased setbacks,
parking design or landscape requirements required within the overlay district.
Ordinance 502.21 Amended 05/05/11
Ordinance 502.21 Amended 07/05/12
502.21-6
ORDINANCE 502 – ZONING ORDINANCE
Section 502.22: OUTDOOR DINING/SMOKING AREAS AND SIDEWALK CAFÉS
Subd. 1: Intent: The intent of this section of the zoning ordinance is to establish general
standards for outdoor dining areas and sidewalk cafés.
Subd. 2: Definitions:
a)“Outdoor Dining” – an area set aside which is designed to accommodate formal
dining outdoors.
b)“Sidewalk Café” – a seating area located outside of an establishment in which
there is not enough room to provide formal dining.
Subd. 3: Outdoor Dining/Smoking Areas: Outdoor smoking/dining areas are permitted
accessory uses in conjunction with a restaurant, coffee shop, or other eating and drinking facility
provided a site plan is approved by the Planning Commission and the following requirements are
met:
a)No portion of the outdoor smoking/dining area shall be located or occur within a
public right-of-way or be located or occur closer than two feet from any property
line.
b)If the outdoor smoking/dining area is proposed to be within a City drainage and
utility easement, the property owner shall enter into a written agreement
authorizing the use of the City’s easement.
c)Patrons must gain entrance to the outdoor area from within the main facility,
however at least one exit must be provided for fire safety.
d)If intoxicating liquor is intended to be served in the outdoor dining/smoking area,
the standards of Section 701.11, Subd. 5 of the St. Joseph Code of Ordinances as
may be amended shall apply.
e)The Planning Commission and/or City Council may restrict days, hours, nature
and volume, and other aspects of entertainment in any outdoor smoking/dining
area, including a prohibition against all forms of music, radio, television, and
other entertainment, to protect the safety, repose, and welfare of residents,
businesses and other uses near the establishment.
f)The Planning Commission and/or City Council may restrict the hours of operation
of an outdoor smoking/dining area based upon the proximity of the area to
502.22- 1
ORDINANCE 502 – ZONING ORDINANCE
residential dwelling units, and upon considerations relating to the safety, repose,
and welfare of residents, businesses, and other uses near the establishment.
g)The outdoor smoking/dining area shall be handicap accessible and not restrict
accessibility in other areas inside or outside the restaurant or food establishment.
h)The outdoor smoking/dining area shall be subordinate to the principal restaurant
coffee shop, or other eating/drinking establishment and shall not exceed 33% in
area of the square footage of the principal restaurant building.
i)The design and finish of the outdoor smoking/dining area shall be compatible
with the main structure in terms of scale (ancillary), color, architectural features,
finish grade, materials and the like.
j)The outdoor smoking/dining area shall be a well-defined space surrounded by
decorative bollards, planters or fencing. A fence surrounding an outdoor
smoking/dining area shall be suitable for the intended use. If a fence is proposed,
a fencing plan shall be submitted for review and approval by the City.
k)The outdoor smoking/dining area shall be kept in a clean and orderly manner. No
food or beverages may be stored outdoors.
l)The outdoor smoking/dining area shall be designed and serviced to prevent debris
from blowing off the premises. The business and/or property owner shall be
responsible to ensure that the area is properly maintained and litter-free.
m)The outdoor smoking/dining area must conform to all fire and building codes
related to the number and types of exits that are required and maximum structural
occupancy limits.
n)The Planning Commission or the City Council may require the notification of
property owners if the outdoor smoking/dining area is located closer than 350 feet
from residential properties.
o)The parking regulations related to minimum required spaces as set forth in this
chapter shall apply and compliance therewith shall be maintained.
p)The maximum surface coverage requirements set forth in this chapter shall apply
and compliance therewith shall be maintained.
q)Smoking shall not be allowed in areas meeting the definition of “indoor area” as
defined by the Freedom to Breathe Provision of the Minnesota Clean Indoor Air
Act. “Indoor area” means all space between a floor and a ceiling that is bounded
by walls, doorways, or windows (whether open or closed) covering more than 50
percent of the combined surface area of the wall space constituting the perimeter
of the area. A screen is not considered a wall.
502.22- 2
ORDINANCE 502 – ZONING ORDINANCE
Subd. 4: Sidewalk Cafés: Sidewalk cafés are permitted accessory uses within the B-1
Central Business District in conjunction with a restaurant, coffee shop, or other eating and
drinking facility provided a site plan specifying the area in which the café will be operated is
approved by the Planning Commission, a minimum of five (5) feet of sidewalk width remains for
pedestrians, and the following requirements are met:
a)Sidewalk cafés shall be limited to the placement of tables, benches, chairs on
portions of sidewalks immediately adjacent to the business operating them.
b)A sidewalk café may not occupy any portion of a public street.
c)Maintenance of all private facilities on public property shall be the owner’s
responsibility.
d)Sidewalk café facilities including, but not limited to, tables chairs, and benches
shall not be left outdoors after business hours or between the hours of 10 p.m. and
6 a.m.
e)At no time shall the sidewalk café area be used for consumption of alcoholic
beverages.
f)Patrons shall not be served food or beverages outside, except that employees may
refill beverage containers in the seating area. At no time, shall the sidewalk café
area be used for consumption of alcoholic beverages.
g)The business and/or property owner shall be responsible to ensure the sidewalk
café area is properly maintained and litter-free. Sites of sidewalk cafés shall be
maintained in an orderly, clean and sanitary manner and be free of debris at all
times. Trash containers and staffing shall be available at all times to facilitate this
condition. Litter shall be picked up on a daily basis.
h)The Planning Commission and/or City Council may require businesses operating
sidewalk cafés routinely sweep and/or wash portions of sidewalks impacted by
such cafés.
i)The sidewalk café area shall not block access to the building entrance or required
exits.
j)Sidewalk café operators shall provide proof of insurance on an annual basis.
Owners of sidewalk cafés shall hold the City harmless from all liability associated
with the operation and maintenance of a sidewalk café.
Section 502.22 adopted 10/10
502.22- 3
ORDINANCE 52 – ZONING ORDINANCE
Section 502.25: ZONING DISTRICT BOUNDARIES AND GENERAL DISTRICT
PROVISIONS
Subd. 1: Establishment of Districts. The following district classifications are hereby
established within the boundaries of the City of St. Joseph.
A Agricultural District
R-1 Single Family Residence District
R-2 Two Family Residence District
R-3 Multiple Residence District
B-1 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 permanent file and available for public inspection in the City Hall. It shall be
the responsibility of the City Administrator/Clerk to maintain and keep the map up to date and to
record each amendment 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
Administrator/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 lines or property lines.
Subd. 4: Annexed Land. Any land hereafter annexed to the City shall be considered to
be in the agricultural district until otherwise classified or unless either of the following
circumstances apply:
a) In the event the annexed land has been rezoned in compliance with the
intended future land use as identified in the St. Joseph Comprehensive
Plan by the Joint Powers Board of the Township of St. Joseph and the City
of St. 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.
502.25-1
ORDINANCE 52 – ZONING ORDINANCE
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 that is in compliance with the
intended future land use as identified in the St. Joseph Comprehensive Plan.
Subd. 5: Vacated Streets or Alleys. Whenever any street, alley, or other public way is
vacated by official action of the City Council of St. Joseph, the zoning district adjoining each
side of the street, alley or public way shall be automatically extended to the center of such
vacation, and all area included in the vacation shall then and henceforth be subject to all the
appropriate regulations of the extended districts.
Subd. 6: Uses Not Provided for Within Zoning Districts. Whenever in any zoning district
a use is neither specifically permitted nor denied and the use is neither specifically permitted in
any other district, the use shall be considered prohibited. In such case the City Council, the
Planning Commission, or a property owner may request a study by the City to determine if the
use is acceptable and if so, what zoning district would be most appropriate and the determination
as to conditions and standards relating to development of the use. The City Council and
Planning Commission upon receipt of the study may, if appropriate, initiate an amendment to the
zoning ordinance to provide for the particular use under consideration or may find that the use is
not compatible for development within the City of St. Joseph.
502.25-2
ORDINANCE 502 – ZONING ORDINANCE
Section 502.26: AGRICULTURAL DISTRICT
Subd. 1: Intent. To establish and preserve areas within the City for the continuation of
viable agricultural operations; 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, limited
roads and proximity to available services are best suited to limited development as determined by
the policies of the City Council.
Subd. 2: Permitted Uses.
a) General farming as defined by this Ordinance.
b) Single family residences as defined, provided they meet the requirements of this
section.
c) Commercial outdoor recreational area, including golf courses, club houses and
swimming pools.
d) Roadside stands for sale of excess garden produce provided they meet
requirements of this Ordinance.
e) Public parks, recreational areas, environmental study areas and game refuges.
f) Nurseries and tree farms.
Subd. 3: Uses Under Special Use Permit. The following uses require a Special Use
Permit as regulated in this Ordinance.
a) Governmental and public utility buildings and structures.
b) Facilities for retail or wholesale trade connected with nursery and tree farms.
c) Kennels, animal hospitals, stables, etc., provided that:
1. Such uses are adequately screened from abutting residential uses;
2. Any structure, not including pens or corrals, in which animals are
temporarily or permanently kept is located at least 100 feet from any lot
line; and
3. Animals shall be kept in enclosed pens or corrals of sufficient height and
strength to retain such animals.
502.26-1
ORDINANCE 502 – ZONING ORDINANCE
d) Institutions of a religious eleemosynary or philanthropic nature.
e) Churches, religious or charitable purposes.
f) 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 Planning
Commission.
g) Planned Unit Residential Development.
Subd. 4: Interim Uses. The following uses require an Interim Use Permit as regulated in
this ordinance as:
a) Mining, and extraction of minerals and dirt, per section 502.17 of this Ordinance.
b) Portable asphalt mixing plants within extractive uses. The interim use permit
issues shall include, but is not limited to, the following conditions: provisions for
adherence to pollution control standards, hours of operation, setbacks, haul roads,
areas where the plant is to be located and slopes. The interim use permit required
for portable asphalt mixing plants is in addition to the interim use permit required
for the operation of the mining/extractive use.
Subd. 5: Permitted Accessory Uses.
a) Operation and storage of vehicles, machinery and equipment which is incidental
to permitted or special uses allowed in this district.
b)Living quarters for person employed on the premises.
c) Home occupations per Section 502.16.
Subd. 6: Lot Area Requirements.
a) Minimum area 10 acres - 435,600 square feet.
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
of the uses permitted by this section.
Subd. 7: Setback Requirements.
a) Front yard setbacks of not less than 30 feet from all other public right-of-ways,
unless: i) 30 percent or more of the frontage on the same side of the street
between two intersecting streets is improved with buildings that have observed a
502.26-2
ORDINANCE 502 – ZONING ORDINANCE
greater or less depth of front yard in which instance no buildings shall project
beyond a straight line drawn between the point closest to the street of the
residence upon either side of the proposed structure or, ii) If there be residences
upon only one side, then be on the straight line projected from the front of the two
nearest residences. iii) This regulation shall not be interpreted to require a front
yard of more than 100 feet.
b) Side yard setback shall be 15 feet. Wherever a lot of record existing at the time of
the passage of this Ordinance has a width of 75 feet or less, the side yard on each
side of a building may be reduced to a width of the lot, but in no instance shall it
be less than 5 feet.
c) Rear yard setbacks shall be not less than 40 feet in width from each building.
Subd. 8: Height Requirements.
a) No building hereafter erected or altered shall exceed 3 stories or shall it exceed 40
feet in height, except as hereinafter provided. 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.
b) Public or semi-public or public service buildings, hospitals, institutions or schools
may be erected to a height not exceeding 60 feet, and churches may be erected to
a height not exceeding 75 feet if the building is set back from each yard
requirement at least one foot for each foot of additional building height above the
height limit otherwise provided in the district in which the building is located.
Subd. 9. Site Coverage. No structure or combination of structures shall occupy more
than 30% of the lot area.
Subd. 10: Sign Regulation. All signs hereafter erected or maintained, except official,
public, traffic and street signs shall conform to the provisions of this subdivision and any other
ordinance or regulation of the City.
Subd. 11: Special and Temporary Signs
a) Temporary or portable signs are allowed in any district only by permit. One
portable sign will be allowed per strip mall site within the B-2 district. This
excludes political or campaign signs. A fee set forth by resolution applies to a
permit for temporary or portable signs.
b) Maximum Size. The maximum size of sign is sixty-four (64) square feet.
502.26-3
ORDINANCE 502 – ZONING ORDINANCE
c) Duration. The duration time of a portable or temporary sign can be located on a
property, except as specifically provided where, is limited to forty (40) days in
any one calendar year only after application has been approved for location and
placement.
d) Illuminated Signs. Illuminated temporary or portable signs shall have a
recognized seal of approval of listing from Underwriters Laboratories Inc. (UL)
or other recognized electrical standard and installed in conformance with the
listing or, if more restricted, the National Electrical Code as adopted by the State
of Minnesota.
e) One Sign Per Parcel. There shall be no more than one portable sign per parcel of
property or business. In the event that a parcel of property contains more than one
business, not more than two portable signs can be located on the property at one
time.
f) Ground Fault Circuit Interpreters. The internal wiring of an illuminated outdoor
sign that is temporary or portable and readily accessible shall be supplied from,
and protected by, ground fault circuit interpreters.
g) Extension Cords. Extension cords used to supply power to portable or temporary
signs shall be enclosed in metal conduit or elevated at least nine (9) feet above the
ground to prevent tripping or electrical hazards.
h) Subdivision Development Signs. During the development of a new subdivision
consisting of two (2) or more lots, there shall be allowed two (2) signs in the
subdivision, not to exceed twelve feet (12’) in height. The sign shall advertise the
development and may name the subdivision, subdivision layout, developer,
contractors, suppliers, brokers and financial institutions involved. A permit shall
be obtained for the placement of such signs and a fee paid as set by Council
resolution. Additional signs having a surface area not exceeding four (4) square
feet, and a height not exceeding six (6) feet, directing the public and/or
identifying models in the subdivision are also permitted. Both types of signs shall
be removed when seventy-five (75) percent of the lots are developed or within
two (2) years, whichever shall occur first. Such signs shall not be illuminated.
i) Anchors. Anchors for portable or temporary signs shall be subject to approve by
the Building Inspector and maintained to prevent displacement or tipping over
during high winds.
j) Real Estate Signs. 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.
k) Campaign Signs. Campaign signs are permitted in all zoning districts and are
subject to the following regulations:
502.26-4
ORDINANCE 502 – ZONING ORDINANCE
1. Campaign signs must be posted by a bona fide candidate for political
office or by a person or group promoting a political office or by a person
or group promoting a political issue or a political candidate.
2. Campaign signs cannot be placed on public or school property.
3. Any bona fide candidate for political office or a person or group
promoting a political issue shall obtain a registration from the City
Administrator/Clerk for the purpose of obtaining rules pertaining to
campaign signs.
4. A campaign sign shall be permitted for a period of not more than 60 days
before the date of the election to which the sign relates.
5. If the sign relates to an office which is the subject of a primary election, it
may be retained in place after the primary election if it relates to the next
ensuing election.
6. Campaign signs shall be removed within seven (7) days following the date
of the election to which they relate.
7. Campaign signs shall be set back a minimum distance of not less than
fifteen (15) feet from the curbline. No sign shall be on the public right-of-
way.
8. Campaign signs in violation of this subsection shall be immediately
removed by the City.
Subd. 12: Sign Removal. All signs not maintained and kept in good repair shall be
subject to removal upon direction of the City Building Inspector.
Subd. 13: 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.
Subd. 14: Regulation of Activities Adjacent to Wetlands.
a) The following activity shall be subject to a 50 foot setback from wetlands: The
construction or maintenance of a building attached to a foundation, including but
not limited to, pole buildings. For purposes of this paragraph, pump houses,
moveable storage sheds, recreational docks and storm water or erosion control
devices shall not be considered buildings.
502.26-5
ORDINANCE 502 – ZONING ORDINANCE
b) The following activity shall be subject to a 75 foot setback from wetlands: The
construction or maintenance of paved driveways or areas designed for the parking
of a vehicle or trailer.
c) The following activities shall be subject to a 100 foot setback from wetlands:
1. The construction or maintenance of a well used for agricultural irrigation,
or any well less than 50 feet in depth.
2. External storage of materials used in conjunction with industrial or
commercial processing or manufacturing.
3. The storage of waste or refuse generated by industrial or commercial
activities.
4. The construction or maintenance of a septic system.
502.26-6
ORDINANCE 502 – ZONING ORDINANCE
Section 502.30: R-1 SINGLE FAMILY RESIDENCE DISTRICT
Subd. 1: Intent. It is the intent of this district to provide for the orderly development of
residential areas and to avoid urban sprawl within the City; permit the development of single
family dwellings; to provide reasonable standards for such development; to avoid overcrowding;
and to prohibit the use of land which would be incompatible with or detrimental to the essential
residential character of such districts.
Subd. 2: Permitted Uses.
a) Single family dwellings - non-rental occupancy.
b) Public parks and playgrounds.
c) Horticulture, not to include the retail sale of products.
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.
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.
f) 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.
502.30-1
ORDINANCE 502 – ZONING ORDINANCE
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.
Subd. 4. Permitted Accessory Uses.
a) Private garages, parking spaces and carports for passenger cars, trucks, recreational
vehicles and equipment.
b) Structures used for storage of domestic equipment and non-commercial recreational
equipment.
c) Swimming pools, tennis courts, detached screen porch or gazebo, provided that
the maximum lot coverage requirement is not exceeded. All swimming pools
must be fenced around the perimeter. The fence must meet the requirements of
Ordinance 502.12 subd. 2.
d) 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.
e) Fences.
f) Home occupations per Section 502.16.
g) Accessory building(s) and/or private garage(s), either attached or detached, shall be
subject to the following limitations, and the general requirements of Section 502.12,
Subd. 1.
1. One or two accessory buildings covering a combined area not greater than 1,350
square feet are permitted.
2. The combined area of the lot covered by the accessory buildings authorized in
subparagraphs 1 above shall not exceed ten (10) percent of the total lot area.
3. Accessory buildings must meet the following design standards:
A. Pole barns and/or post frame construction is prohibited.
B. The exterior finish materials (such as siding, shingles, etc.) shall be
similar in nature and color to the exterior finish material of the principal
structure.
C. The side walls of the structure may not exceed ten (10) feet in height.
502.30-2
ORDINANCE 502 – ZONING ORDINANCE
D. The roof slope shall be no greater than the steepest roof slope of the
principal structure, nor less than the average of the roof slopes of the
principal structure.
4. 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.
5. Accessory buildings not specifically permitted by this paragraph shall be
prohibited unless authorized by a special use permit granted pursuant to
Ordinance 502.07.03. For purposes of this section, a pet shelter or a
structure designed and used exclusively for play by children shall not be
considered an accessory building.
Subd. 5: Interim Uses. The following are Interim Uses allowed by permit based upon the
procedures and criteria set forth in Section 502.07.04 of this Code.
a) Residential rental provided the unit is owner-occupied and provided the room(s)
rented does not contain separate kitchen facilities and is not intended for use as an
independent residence. For purposes of establishing if the property is owner
occupied, the owner must be a natural person, and all owner occupy the property
as their principal residence. The owners may not exceed two in number. For
purpose of determining ownership, the owner/owners must provide a copy of a
recorded deed or recorded contract for deed. A purchase agreement will not be
accepted as evidence of ownership. In addition,
1. The property must satisfy the parking requirements contained in this
Ordinance.
2. The rental unit(s) must:
A. Have a ceiling height of at least seven (7) feet;
B. Contain adequate ventilation and fire escapes as determined by
the Building Official; and,
C. Meet all applicable rental codes as outlined in St. Joseph
Ordinance 505 and Ordinance 505.06, Subd. 1.
Section 502.30, Subd. 5 amended 4/08
b) Residential Rental provided the property owner is relocating and the dwelling has
been actively for sale on the market for at least three months. For purposes of
establishing if the property is owner occupied, the owner must be a natural
person, and all owner (s) occupy the property as their principal residence and have
for at least two years. The owners may not exceed two in number. For purpose
of determining ownership, the owner/owners must provide a copy of a recorded
deed or recorded contract for deed. A purchase agreement will not be accepted as
502.30-3
ORDINANCE 502 – ZONING ORDINANCE
evidence of ownership.
For the purpose of determining applicability, the property owner must provide a
copy of the current listing agreement, with a licensed realtor, showing the
property, is currently being marketed. In addition,
1. The property must satisfy the parking requirements contained in this
Ordinance.
2. The rental unit(s) must:
A. Have a ceiling height of at least seven (7) feet;
B. Contain adequate ventilation and fire escapes as determined by
the Building Official; and,
C. Meet all applicable rental codes as outlined in St. Joseph
Ordinance 505 and Ordinance 505.06, Subd. 1.
3. Conditions of the Interim Use Permit
A. If granted, the Interim Use Permit shall have a term of one year,
which can be renewed for one additional one year. The property
owner must make application for renewal and complete the rental
license process as well.
B. Under no circumstances shall the Interim Use Permit extend
beyond two years and a renewed Interim Use Permit will expire
and the end of the two year period.
Section 502.30, Subd. 5 (b) New 02/13
Subd. 6: Lot Area Requirements.
a) Minimum Area: 20,000 square feet where municipal 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.
Subd. 7: Setback Requirements.
a) Front yard setbacks of not less than 30 feet on all public right-of-ways, unless:
1. 30 percent or more of the frontage on the same side of the street between
two intersecting streets is improved with buildings that have observed a
502.30-4
ORDINANCE 502 – ZONING ORDINANCE
greater or less depth of front yard in which instance no new building or
portion thereof shall project beyond a straight line drawn between the
point closest to the street line of the residence upon either side of proposed
structure or,
2. If there are residences upon only one side, then beyond the straight line
projected from the front of the nearest residences.
3. Nothing in this regulation shall be interpreted to require a front yard of
more than 50 feet.
4. 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 (10) feet from the property line for the main
structure and any garage or accessory structure. Where the side yard abuts a
public right of way, the side yard setback shall be thirty (30) feet from the main
structure and any garage or accessory structure.
Section 502.30, Subd. 7b amended 1/07
c) Rear yard shall have a depth of not less than 20 percent of the depth of the lot.
d) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 8: Height Requirements.
a) No building shall exceed 2 stories or shall it exceed 35 feet in height. Berming
2
the building does not allow a building to be constructed higher than 35 feet.
Elevation for the building shall be determined by the average grade of the land.
Subd. 9: Site Coverage.
a) No structure or combination of structures shall occupy more than 30% of the lot
area.
b) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces
shall include all structures, parking spaces and driveway connecting the parking
space with a street or alley.
Section 502.30, Subd. 9 amended 1/07
Subd. 10: Signs.
a) In R-1 Single Family Districts the following requirements shall apply to all signs:
502.30-5
ORDINANCE 502 – ZONING ORDINANCE
1. No sign shall be placed closer than ten feet (10’) to any property line,
except directional signs which have a zero foot (0’) setback.
2. No sign shall be placed in any interior side yard
3. No sign shall be mounted on the roof of a building.
4. No signs shall violate the front, side or rear yard requirements.
5. Signs shall not be placed in the public right-of-way or easements.
6. Flashing or rotating signs resembling emergency vehicles shall not be
permitted.
7. Illuminated signs are not allowed.
b) No advertising or business signs shall be permitted, except signs advertising a
permitted home occupation limited to an overall area of six (6) square feet.
c) The following temporary signs shall be allowed and are subject to the same
provisions in Subd. 2 (a – c) and are limited to an overall area of six (6) square
feet.
1. Campaign
2. Garage Sale
3. Real Estate
d) One unlighted sign having a surface area not exceeding fifty square feet (50’) per
face with an aggregate total of one hundred (100) square feet and a height not
exceeding eight feet (8’) per vehicle entrance identifying each subdivision or
housing development. Such signs are subject to the following provisions:
1. Landscaping must be provided around the base of the sign.
2. The entrance to a development shall be one that abuts a collector or
arterial road.
e) Sign Removal. All signs not maintained and kept in good repair or in non
compliance of the St. Joseph Code of Ordinances shall be subject to removal upon
direction of the City Building Inspector.
Subd. 11: Yard Cover. Every yard on a premise on which a dwelling stands shall, within
3 months of issuance of a certificate of occupancy, be provided with lawn or combined lawn
502.30-6
ORDINANCE 502 – ZONING ORDINANCE
cover of vegetation, gardens, hedges, shrubbery, and related decorative materials and such yards
shall be maintained consistent with prevailing community standards. If a certificate of
occupancy is issued between the months of November and April, the 3 month period shall begin
to run on May 1st.
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.
Subd. 13: Regulation of Activities Adjacent to Wetlands.
a) The following activity shall be subject to a 50 foot setback from wetlands: The
construction or maintenance of a building attached to a foundation, including but
not limited to, pole buildings. For purposes of this paragraph, pump houses,
moveable storage sheds, recreational docks and storm water or erosion control
devices shall not be considered buildings.
b) The following activity shall be subject to a 75 foot setback from wetlands: The
construction or maintenance of paved driveways or areas designed for the parking
of a vehicle or trailer.
c) The following activities shall be subject to a 100 foot setback from wetlands:
1. The construction or maintenance of a well used for agricultural irrigation,
or any well less than 50 feet in depth.
2. External storage of materials used in conjunction with industrial or
commercial processing or manufacturing.
3. The storage of waste or refuse generated by industrial or commercial
activities.
4. The construction or maintenance of a septic system.
502.30-7
ORDINANCE 502 – ZONING ORDINANCE
Section 502.34: R-2 TWO FAMILY RESIDENCE DISTRICT
Subd. 1: Intent. It is the intent of this district to provide for the orderly development of
residential areas and to avoid urban sprawl within the City; permit the development of single and
two family dwellings; to provide reasonable standards for such development; to avoid
overcrowding; and to prohibit the use of land which would be incompatible with or detrimental
to the essential residential character of such districts.
Subd. 2: Permitted Uses.
a) Single family dwellings, owner occupied (as defined in Section 502.30, Subd.
3(l).
b) Two family dwellings, owner occupied. For the purpose of determining if the
property is owner occupied, the owner must be a natural person, and all the
owners must occupy the property as their principal residence.
c) Public parks and playgrounds.
d) Horticulture, not to include the retail sale of products.
e) Licensed residential group care facility with 1,300 feet between it and a similar
facility and not to exceed six (6) boarders.
f)Licensed day-care facility serving 12 persons or less.
Section 502.34 Subd. 2 amended 4/08
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) Nursing Homes and Board and Care Homes, provided that adequate parking is
provided and the site is accessible to commercial service areas.
502.34-1
ORDINANCE 502 – ZONING ORDINANCE
f) Public libraries.
g) Public or private schools, providing, however, that the area and location of any
school and off-street parking heretofore shall be subject to the approval of the
Planning Commission.
h) Churches.
i) Institutions of a religious, eleemosynary or philanthropic nature.
j) Nurseries and greenhouses.
k) Planned unit residential development.
l) 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.
o) Manufactured homes as defined by this Ordinance.
p) Manufactured Home Parks, in accordance with Section 502.14.
Subd. 4: Permitted Accessory Uses.
a) Private garages, parking spaces and carports for passenger cars, trucks,
recreational vehicles and equipment.
b) Home Occupations per Section 502.16.
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. All swimming pools
must be fenced around the perimeter. The fence must meet the requirements of
Ordinance 502.12 Subd. 2.
e) Fences.
f) Accessory building(s) and/or private garage(s), either attached or detached, shall
be subject to the following limitations, and the general requirements of Section
502.12, Subd. 1.
1. One or two accessory buildings covering a combined area not greater than 1,350
square feet are permitted.
502.34-2
ORDINANCE 502 – ZONING ORDINANCE
2. The combined area of the lot covered by the accessory buildings
authorized in subparagraphs 1. above shall not exceed ten (10) percent of
the total lot size.
3. Accessory buildings of less than 50 square feet shall not be considered
when computing the limitations of subparagraphs 1. and 2. above; but the
combined area of accessory building of less than 50 square feet shall not
exceed a total of 100 square feet;
4. The principal building shall be constructed prior to or at the same time as
any accessory building or structure.
5. Accessory buildings not specifically permitted by this paragraph shall be
prohibited unless authorized by a variance granted pursuant to Ordinance
502.07.02.
Subd. 5: Lot Area Requirements.
a) Minimum area for Two Family Dwelling Unit not served by municipal sewer and
water: 24,000 square feet.
b) Minimum Area for Two Family Dwelling Unit served by municipal sewer and
water: 10,000 square feet.
c) Average width of not less than 75 feet and an average depth of not less than 125
feet.
Subd. 6: Setback Requirements.
a) Front yard setbacks of not less than 30 feet on all public right-of-ways, unless:
1. 30 percent or more of the frontage on the same side of the street between
two intersecting streets is improved with buildings that have observed a
greater or less depth of front yard in which instance no new building or
portion thereof shall project beyond a straight line drawn between the
point closest to the street line of the residence upon either side of proposed
structure; or
2. If there are residences upon only one side, then beyond the straight line
projected from the front of the nearest residences.
3. Nothing in this regulation shall be interpreted to require a front yard of
more than 50 feet.
4. Where the street is curved, the line shall follow the curve of the street
rather than to be a straight line.
502.34-3
ORDINANCE 502 – ZONING ORDINANCE
b) Side yard setbacks shall be ten (10) 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 thirty (30) feet from the main structure and any
garage or accessory structure.
Section 502.34, Subd. 6b, amended 1/07
c) Rear yard shall have a depth of not less than 20 percent of the depth of the lot.
d) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 7: Height Requirements. No building shall exceed 2 stories or shall it exceed 35
2
feet in height. Berming the building does not allow a building to be constructed higher than 35
feet. Elevation for the building shall be determined by the average grade of the land.
Subd. 8: Site Coverage.
a) No structure or combination of structures shall occupy more than 30% of the lot
area.
b) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces
shall include all structures, parking spaces and driveway connecting the parking
space with a street or alley.
Section 502.34, Subd. 8, amended 1/07
Subd. 9: Signs.
a) No sign shall be placed closer than ten feet (10’) to any property line, except
directional signs which have a zero foot (0’) setback.
1. No sign shall be placed in any interior side yard
2. No sign shall be mounted on the roof of a building.
3. No signs shall violate the front, side or rear yard requirements.
4. Signs shall not be placed in the public right-of-way or easements.
5. Flashing or rotating signs resembling emergency vehicles shall not be
permitted.
6. Illuminated signs are not allowed.
b) One unlighted sign per vehicle entrance identifying a dwelling unit complex.
Such signs may indicate the name and address of the building and rental or
management offices.
502.34-4
ORDINANCE 502 – ZONING ORDINANCE
1. Such signs shall have a surface area of all faces not exceeding an
aggregate of fifty (50) square feet.
2. The height of the sign shall not exceeding eight feet (8’)
3. Landscaping must be provided around the base of the sign.
4. The entrance to a development shall be one that abuts a collector or
arterial road.
c) One area identification sign for each multiple-residential complex consisting of
three (3) or more structures.
1. Such signs shall have a surface area not exceeding fifty (50) square feet
per sign face with an aggregate area not to exceed one hundred (100)
square feet if double faced.
2. The height of the sign shall not exceed eight feet (8’).
3. Landscaping must be provided around the base of the sign.
4. Sign content shall be solely for displaying the name of the apartment
complex.
d) Wall Sign. One wall sign shall be allowed for the purpose of street identification.
Such sign cannot exceed twelve (12) square feet.
e) Sign Removal. All signs not maintained and kept in good repair or in non
compliance of the St. Joseph Code of Ordinances shall be subject to removal upon
direction of the City Building Inspector.
Subd. 10: Yard Cover. Every yard on a premise on which a dwelling stands shall, within
3 months of issuance of a certificate of occupancy, 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.
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.
Subd. 12: Regulation of Activities Adjacent to Wetlands.
a) The following activity shall be subject to a 50 foot setback from wetlands: The
construction or maintenance of a building attached to a foundation, including but
not limited to, pole buildings. For purposes of this paragraph, pump houses,
502.34-5
ORDINANCE 502 – ZONING ORDINANCE
moveable storage sheds, recreational docks and storm water or erosion control
devices shall not be considered buildings.
b) The following activity shall be subject to a 75 foot setback from wetlands: The
construction or maintenance of paved driveways or areas designed for the parking
of a vehicle or trailer.
c) The following activities shall be subject to a 100 foot setback from wetlands:
1. The construction or maintenance of a well used for agricultural irrigation,
or any well less than 50 feet in depth.
2. External storage of materials used in conjunction with industrial or
commercial processing or manufacturing.
3. The storage of waste or refuse generated by industrial or commercial
activities.
4. The construction or maintenance of a septic system.
502.34-6
ORDINANCE 502 – ZONING ORDINANCE
Section 502.38: 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: Permitted Uses.
a) Multiple Family dwelling structures containing more than twelve (12) units shall
be allowed pursuant to a Planned Unit Development (PUD) and a conditional use
permit, and shall be controlled by the PUD Ordinance, Section 502.09, except that
the provision requiring a minimum of twenty (20) acres will not apply.
502.38, Subd. 2(a) Amended 4/2004.
b) Public parks and playgrounds.
c) Hospitals, extended care centers, nursing homes, group care centers or assisted
living centers.
d) Churches, libraries, museums or schools.
e) Townhouses.
f)Lodging houses.
g)Licensed in-home daycare serving 16 or fewer persons.
h)Licensed residential facilities/group homes serving 16 or fewer persons.
Subd. 3: Permitted Accessory Uses.
a) Private garages, parking spaces and carports for passenger cars, trucks,
recreational vehicles and equipment. The total floor area of private garages shall
not exceed 300 square feet per unit and shall not be higher than fifteen feet and
the exterior covering must be the same or similar to the roof and side wall
materials on the principal structure. R-3 developments with three (3) or less units
shall abide by the R-1 accessory building provisions, including but not limited to
the maximum lot coverage requirements.
b) Home occupations per Section 502.16.
502.38-1
ORDINANCE 502 – ZONING ORDINANCE
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.
1. Location: No accessory building, other than a garage, shall be located
within any yard other than the rear yard.
2. Height: Accessory buildings shall not exceed fifteen feet (15’) in height.
3. Exterior: All accessory buildings shall be the same or similar to the roof
and side wall materials on the principal structure.
4. Number of Buildings: No lot shall have more than one (1) detached
storage building.
5. Size: All detached accessory buildings shall have a floor area not to
exceed 300 square feet.
d) Swimming pools and tennis courts, provided that the maximum lot coverage
requirement is not exceeded. All swimming pools must be fenced around the
perimeter. The fence must meet the requirements of Section 502.12 Subd. 2 of
this Ordinance.
e) Residential communal facilities such as laundry, recreation buildings, and
residential leasing office.
f) Fences.
Subd. 4: Uses Under Special Use Permit.
a) Public buildings, police and fire stations and other public buildings, except those
customarily considered industrial in nature.
b) Cemeteries and memorial gardens.
c) Manufactured Home Parks, in accordance with Section 502.14.
d) Uses which in the judgment of the Planning Commission and City Council are
similar to those listed in Subdivision 2 of this Section.
e) Any multiple family dwelling structure of more than twelve (12) units.
502.38 Subd. 4(e) added in April, 2004.
Subd. 5: Lot Area Requirements.
a) Minimum lot area shall be 12,000 square feet.
502.38-2
ORDINANCE 502 – ZONING ORDINANCE
b) For the basis of computing the number of permitted units within a multiple
residence, the following shall apply:
1. Efficiency unit for each 2,000 square feet of lot area; and
2. One 1 bedroom unit for each 3,000 square feet of lot area; and
3. One 2 bedroom unit for each 3,500 square feet of lot area; and
4. One 3 bedroom unit for each 4,000 square feet of lot area;
5. For each additional bedroom (over 3) per unit, an additional 500 square
feet of lot area;
6. Lot depths of greater than 150% of the average lot width shall be used in
computing the maximum number of units.
7. On-site manager unit – shall be based on the same square footage
requirements as stated above.
c) Multiple family dwellings shall not occupy more than 35% of the lot including
accessory buildings.
d) Each lot shall have a minimum width of 150 feet at the building setback line.
e) Each lot shall have a minimum width of 80 feet at the public right-of-way.
f) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces
shall include all structures, parking spaces and driveway connecting the parking
space with a street or alley.
502.38, Subd. 5, amended 1/07
Subd. 6: Schedule of Allowances. The lot areas per dwelling unit described in Section
502.38, Subd. 5 shall be further subject to the following schedule of allowances, which shall be
added to or subtracted from, the minimum lot area per dwelling unit as prescribed hereby
regulating density requirements as to the location, use and access provided for the property
within the R-3 multiple residence family district.
a) For each parking space provided within the building, or underground, subtract
300 square feet.
b) If the 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 feet.
c) If the multiple dwelling site is within 300 feet of an R-1 or R-2 Residence
District, add 300 square feet per unit, for all units constructed on the site.
d) If the total lot coverage is less than 20%, subtract 150 square feet per unit.
502.38-3
ORDINANCE 502 – ZONING ORDINANCE
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.
f) If the multiple dwelling unit contains major outdoor recreational features or
structures such as swimming pools, improved outdoor common areas with
pathways/parkland or similar facilities requiring a substantial investment equal to
or greater than five (5%) percent of the construction cost of the principal
structure, subtract 75 square feet per unit.
g) If the multiple dwelling unit contains indoor recreation and social rooms equal to
twenty-five (25) square feet per unit or 1,000 square feet, whichever is greater;
subtract 50 square feet per unit.
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 be less than
30 feet. In the event the side yard of an R-3 residence abuts another residential
district, all principal structures shall be set back 50 feet from the property line.
c) The rear yard of any R-3 residence shall be 40 feet from the lot line.
d) All building permit requests must be accompanied by a building plan and a
landscape plan acceptable by the Planning Commission.
e) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 8: Height Requirements. No structure shall exceed the lesser of 3 stories or 40
feet in height except as hereinafter provided. Berming the building does not allow a building to
be constructed higher than 40 feet. Elevation for the building shall be determined by the average
grade of the land.
Subd. 9: Exterior Requirements. All exterior wall finishes on any building shall include
at least one material from each of the following groups:
a) Face brick, natural stone, wood textured precast concrete panels, textured
concrete block, stucco.
b) Pre-finished decorative panels made of metal, vinyl, steel or wood.”
502.38-4
ORDINANCE 502 – ZONING ORDINANCE
Subd. 10: Signs. In R-3 Multiple Family Districts the general provisions apply to all
signs:
a) No sign shall be placed closer than ten feet (10’) to any property line, except
directional signs which have a zero foot (0’) setback.
1. No sign shall be placed in any interior side yard
2. No sign shall be mounted on the roof of a building.
3. No signs shall violate the side or rear yard requirements.
4. Signs shall not be placed in the public right-of-way or easements.
5. Flashing or rotating signs resembling emergency vehicles shall not be
permitted.
6. Illuminated signs are not allowed.
b) One unlighted sign per vehicle entrance identifying a dwelling unit complex.
Such signs may indicate the name and address of the building and rental or
management offices.
1. Such signs shall have a surface area of all faces not exceeding an
aggregate of fifty (50) square feet.
2. The height of the sign shall not exceeding eight feet (8’)
3. Landscaping must be provided around the base of the sign.
4. The entrance to a development shall be one that abuts a collector or
arterial road.
c) One area identification sign for each multiple-residential complex consisting of
three (3) or more structures.
1. Such signs shall have a surface area not exceeding fifty (50) square feet
per sign face with an aggregate area not to exceed one hundred (100)
square feet if double faced.
2. The height of the sign shall not exceed eight feet (8’).
3. Landscaping must be provided around the base of the sign.
4. Sign content shall be solely for displaying the name of the apartment
complex.
502.38-5
ORDINANCE 502 – ZONING ORDINANCE
d) Wall Sign. One wall sign shall be allowed for the purpose of street identification.
Such sign cannot exceed twelve (12) square feet.
e) Sign Removal. All signs not maintained and kept in good repair or in non
compliance of the St. Joseph Code of Ordinances shall be subject to removal upon
direction of the City Building Inspector.
Subd. 11: 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.
Subd. 12: Development Plan Requirements. No building permit shall be issued until the
Planning Commission reviews the development plan to determine that the use and development
is compatible with adjacent land uses, and consistent with the stated intent of this zone. Upon
the request of the Planning Commission the City Council will make the final determination on
site plan approval. The developer shall provide the following items to the Planning Commission
for any development located in the R3-Multiple 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.
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.
502.38-6
ORDINANCE 502 – ZONING ORDINANCE
n) A description of provisions which shall be made on the site for adequate open
space and recreational areas to properly serve residents of the facility.
o) Any other fencing, screening, or building accessories to be located in the
development area.
p) 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).
q) 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.
r) 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
502.38-7
ORDINANCE 502 – ZONING ORDINANCE
City Attorney, shall be conditioned upon the approval of the development
plan.
Subd. 13: 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.
a) A Lock Box shall be installed on all buildings before a Certificate of Occupancy
will be issued.
Subd. 14: Regulation of Activities Adjacent to Wetlands.
a) The following activity shall be subject to a 50 foot setback from wetlands: The
construction or maintenance of a building attached to a foundation, including but
not limited to, pole buildings. For purposes of this paragraph, pump houses,
moveable storage sheds, recreational docks and storm water or erosion control
devices shall not be considered buildings.
b) The following activity shall be subject to a 75 foot setback from wetlands: The
construction or maintenance of paved driveways or areas designed for the parking
of a vehicle or trailer.
c) The following activities shall be subject to a 100 foot setback from wetlands:
1. The construction or maintenance of a well used for agricultural irrigation,
or any well less than 50 feet in depth.
2. External storage of materials used in conjunction with industrial or
commercial processing or manufacturing.
3. The storage of waste or refuse generated by industrial or commercial
activities.
4. The construction or maintenance of a septic system.
Subd. 15: PUD. In the event a developer requests a multiple dwelling structure
containing more than twelve (12) units under Subdivision 2(a) of this Section, that developer
shall abide by the requirements set forth in the PUD Ordinance of Section 502.09, except that the
provision requiring a minimum of twenty (20) acres will not apply.
a) If land is rezoned as an R3-PUD under this Section, a developer shall have no
longer than one year in which to begin construction of the multiple dwelling
structure. If the project has not begun within one year from the date of rezoning,
the land shall revert back to its prior zoning classification before the request for
the R3-PUD.
502.38, Subd. 15 added 4/2004.
502.38-8
ORDINANCE 502 – ZONING ORDINANCE
Section 502.42: R-4: TOWNHOUSE/PATIO HOME RESIDENTIAL DISTRICT
Subd. 1: Intent: It is the intent of the R-4 Townhouse/Patio Home District to
accommodate a variety of single-family housing types, including patio homes and single-family
common wall attached housing units such as townhouses or rowhouses at low to moderate
residential densities. The R-4 District is intended for those areas designated as medium and/or
high density residential areas or residential planned unit developments under the Comprehensive
Plan. The R-4 District shall be developed by Planned Unit Development in accordance with the
provisions of Ordinance 502.09 except that the provision requiring a minimum of twenty (20)
acres will not apply. For the purpose of this ordinance, the following definitions will apply:
a) Patio home: A single-family attached or detached unit constructed on a separate
relatively small lot consisting of one level living area with open space setbacks on
two (2) sides.
b) Rowhouse: One of a series of essentially identical single family residential
structures situated side by side and joined by common walls.
c) Townhouse: A single-family dwelling in a row of at least three (3) such units in
which each unit has its own front and rear access to the outside, no unit is located
over another unit, and each unit is separated from any other unit by one or more
common fire resistant walls.
d) Twin Home: Two dwelling units each located upon separate, abutting lots; each
attached side to side but not having a side yard setback from one lot line; each
sharing only one common, unpierced from ground to roof wall; and separated
from any other building or structure by space on all sides.
Subd. 2: Permitted Uses:
a) Patio homes.
b) Townhouses of not more than two stories each.
c) Row Houses of not more than two stories each.
d) Twin Home
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.
502.42-1
ORDINANCE 502 – ZONING ORDINANCE
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) Nursing Homes and Board and Care Homes, provided that adequate parking is
provided and the site is accessible to commercial service areas.
f) Public Libraries
g) Public or private schools, providing, however, that the area and location of any
school and off-street parking heretofore shall be subject to the approval of the
Planning Commission.
h) Churches
i) Institutions of a religious, eleemosynary or philanthropic nature.
j) Nurseries and greenhouses.
k) Planned Unit Residential development
l) 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 provided the housing is elderly housing.
o) Manufactured homes as defined by this Ordinance.
p) Manufactured Home Parks, in accordance with Section 502.14
Subd. 4: Permitted Accessory Uses.
a) Private garages, parking spaces and carports for passenger cars, trucks,
recreational vehicles and equipment.
b) Home Occupations per Section 502.16.
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. All swimming pools
must be fenced around the perimeter. The fence must meet the requirements of
Ordinance 502.12 Subd. 2.
502.42-2
ORDINANCE 502 – ZONING ORDINANCE
e) Fences
f) Accessory building (s) and/or private garage (s), either attached or detached, shall
be subject to the following limitations and the general requirements of Section
502.12, Subd. 1.
1. One or two accessory buildings covering a combined area not greater than
1,350 square feet are permitted.
2. The combined area of the lot covered by the accessory buildings
authorized in subparagraph 1 above shall not exceed ten (10) percent of
the total lot size fordetached patio homes. The combined area of the lot
covered by the accessory buildings authorized in subparagraph 1 above
shall not exceed fifteen (15) percent of the total lot size for townhouse,
group or rowhouses.
3. Accessory buildings of less than 50 square feet shall not be considered
when computing the limitations of subparagraphs 1 and 2 above; but the
combined area of accessory building of less than 50 square feet shall not
exceed a total of 100 square feet.
4. The principal building shall be constructed prior to or at the same time as
any accessory building or structure.
5. Accessory buildings not specifically permitted by this paragraph shall be
prohibited unless authorized by a variance granted pursuant to Ordinance
502.07.02.
Subd. 5: Lot Area Requirements.
Land Use Minimum Lot Minimum Lot Minimum Lot
Area Width Depth
a) Detached Patio
Home 6,000 60’ 100’
b) Townhouse, group
or row houses 12,000 75’ 120’
c) Churches, chapels,
temples, synagogues 22,000 100’
d) Public Buildings 40,000 100’
e) Day care facilities
serving 15 or more
persons and
residential facilities 9,000 75’ 120’
serving more than 6
persons
f) Schools 22,000 100’ 120’
502.42-3
ORDINANCE 502 – ZONING ORDINANCE
g) The minimum lot area per townhouse, group or row house unit shall be four
thousand square feet (4,000 sq. ft.)
h) The net housing density within the district is six (6) units per acre of net buildable
area of the subdivision. Net buildable area shall be the total area less public street
right-of-way, wetlands, drainage ways, water bodies and slopes greater than
twelve (12) percent.
Subd. 6: Setback Requirements.
Land Use Front Yard Interior Side Street Side Rear
setback Yard setback Yard setback Yard
setback
a) Patio Home* 30’ 10’ 20’ 20’
b) Townhouse, group
or row houses 30’ 10’ 25’ 20’
c) Churches, chapels,
temples, synagogues 30’ 20’ 30’ 35’
d) Day care facilities
serving 15 or more
persons and 30’ 10’ 25’ 35’
residential facilities
serving more than 6
persons
e) All other uses 50’ 50’ 50’ 50’
f) Accessory Uses Same as Same as Same as Same as
principal principal principal principal
*Attached patio homes would be relieved from the setback requirements where
attachments occur at the lot line.
Subd. 7: Building Requirements.
a) Building Height shall not exceed two (2) stories or 35 feet as measured from the
average grade.
b) No more than 8 dwelling units shall be constructed within one structure.
c) Each dwelling unit shall have two or more individual, separate entrances.
d) All dwelling units shall have a minimum roof pitch of 4:12 as defined by the
building code.
e) All dwelling units shall have a frost free foundation as defined by the building
code, or an engineered concrete slab with concrete above-grade exterior
foundations walls.
502.42-4
ORDINANCE 502 – ZONING ORDINANCE
f) The exterior of townhouse and rowhouse dwelling units shall include a variation
in building materials, which are to be distributed throughout the building facades
and coordinated into the architectural design of the structure to create an
architecturally balanced appearance. The preferred materials are: brick, stucco,
stone, steel/vinyl/aluminum and fiber-cement siding. In addition, a minimum of
25 percent of the combined area of all building facades of a structure shall have
an exterior finish of brick, stucco and/or natural or artificial stone. For the
purpose of this section, the area of the building façade shall not include the area
devoted to windows, entrance doors, garage doors or roof areas.
g) Buildings shall be designed to prevent the appearance of straight, unbroken lines
in their horizontal and vertical surface. There shall be no more than two
contiguous townhouse dwelling units without a break in the horizontal and/or
vertical elevations of at least thirty-two (32) inches.
h) Where more than one (1) principal use building is to be located upon the same
site, the separation between buildings shall not be less than forty (40) feet.
i) Provision shall be made for possible decks, porches or additions as part of the
initial dwelling unit building plans. The site plan for each dwelling unit shall be
configured and sized to include decks, patios or porches.
j) All dwelling units shall have a minimum floor area of 676 square feet.
k) Provisions for shelter in the event of severe weather for each dwelling unit shall
be demonstrated either in the form of the construction of a free-standing severe
weather structure, a reinforced concrete safe room within each dwelling unit
and/or basement/crawl space sufficient to house four (4) adults per dwelling unit.
1. The entrance to a development shall be one that abuts a collector or
arterial road.
Subd. 8: Parking Provisions. All driveways and parking areas shall be hard surfaced and
each dwelling unit shall be provided with a minimum of two parking spaces one of which shall
be in an attached garage.
Subd. 9: Site Coverage. On lots developed for townhouse or rowhouse or attached patio
home units, no structure or combination of structures shall occupy more than 50% of the lot area.
On lots developed for detached patio home units, no structure or combination of structures shall
occupy more than 35% of the lot area.
Subd. 10: Signs.
a) No sign shall be placed closer than ten (10) feet to any property line, except
directional signs which have a zero (0) foot setback.
1. No sign shall be placed in any interior side yard.
502.42-5
ORDINANCE 502 – ZONING ORDINANCE
2. No sign shall be mounted on the roof of a building.
3. No signs shall violate the front, side or rear yard requirements.
4. Signs shall not be placed in the public right-of-way or easements.
5. Flashing or rotating signs resembling emergency vehicles shall not be
permitted.
6. Illuminated signs are not allowed.
b) One unlighted sign per vehicle entrance identifying a dwelling unit complex shall
be allowed. Such signs may indicate the name and address of the building and
rental or management offices.
1. Such signs shall have a surface area of all faces not exceeding an
aggregate of fifty (50) square feet. For complexes of three or more
structures, the aggregate surface area shall not exceed 100 square feet if
double faced.
2. The height of the sign shall not exceed eight feet (8’).
3. Landscaping must be provided around the base of the sign.
c) Wall sign: One wall sign shall be allowed for the purpose of street identification.
Such sign cannot exceed twelve (12) square feet.
e) Sign Removal: All signs not maintained and kept in good repair or otherwise not
in compliance with the St. Joseph Code of Ordinances shall be subject to removal
upon direction of the City Building Inspector.
Subd. 11: Yard Cover. Every yard on a premise on which a dwelling stands shall, within
3 months of issuance of the certificate of occupancy, 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 as not to exceed a
height of 6 inches.
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.
Subd. 13: Regulation of Activities Adjacent to Wetlands.
a) The following activity shall be subject to a 50 foot setback from wetlands: The
construction or maintenance of a building attached to a foundation, including but
not limited to, pole buildings. For purposes of this paragraph, pump houses,
moveable storage sheds, recreational docks and storm water or erosion control
devices shall not be considered buildings.
502.42-6
ORDINANCE 502 – ZONING ORDINANCE
b) The following activity shall be subject to a 75-foot setback from wetlands: The
construction or maintenance of paved driveways or areas designed for the parking
of a vehicle or trailer.
Subd. 14: Common Areas. All common areas within an R-4 development, including but
not limited to, open space, wetlands, greenways, drainage ponds, driveway, parking areas, play
areas, etc., shall be owned and maintained by a condominium, association, cooperative or other
common interest community created pursuant to Minnesota Statute, Chapter 515B and approved
by the City Attorney. The agreement shall provide for all exterior building maintenance,
approval of any exterior architectural modifications, landscaping, snow clearing and regular
maintenance of private driveways and other areas owned in common.
Subd. 15: Development Plan Requirements. No building permit shall be issued until the
Planning Commission reviews the development plan to determine that the use and development
is compatible with adjacent land uses, and consistent with the stated intent of this zone. Upon
request of the Planning Commission the City Council will make the final determination of site
plan approval. The developer shall provide the following items to the Planning Commission for
any development located in the R-4 Townhouse 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) Landscaping material including location, type of plan and size.
f) Fire hydrant and fire lane locations
g) Utility locations
h) A description of provisions which shall be made on site for adequate open space,
recreational areas, transit options, etc. to properly serve residents of the facility
including a discussion of the perceived needs of the residents (i.e. senior citizens,
students, families with children)
i) A copy of proposed covenants and/or homeowner’s association agreement (s).
j) Any other fencing, screening, or building accessories to be located in the
development area.
k) 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).
502.42-7
ORDINANCE 502 – ZONING ORDINANCE
l) 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.
m) 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 the 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 costs 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 amount or
irrevocable letter of credit in favor of the City in an amount equal to 125%
of all costs associated with the 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.
502.42 Added to Code 4/2005 (Subsequent Sections renumbered)
502.42 Subd. 1 Revised 6/2008
502.42-8
ORDINANCE 502 – ZONING ORDINANCE
Section 502.46: B-1 CENTRAL BUSINESS DISTRICT
Subd. 1: Intent. The Central Business District has been established to encourage the
continuation of a viable downtown by promoting uses dependent of high volumes of pedestrian
traffic; to provide for regulation of the high intensity commercial uses located within the original
core of the City; and, to encourage parks/greenspace 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 Central
Business District:
a) Antique stores.
b) Appliance stores.
c) Apparel shops.
d) Artisan shops.
e) Bakery goods, sales and baking of goods on premises.
f) Barber and beauty salons.
g) Bicycle sales and repairs.
h) Book stores.
i) Boutiques.
j) Business/professional offices.
k) Coffee shops.
l) Farmers 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.
o) Fruit, vegetable and meat stores.
502.46-1
ORDINANCE 502 – ZONING ORDINANCE
p) Government buildings.
q) Grocery and drug stores, not more than 10,000 square feet in size.
r) Hardware stores, not more than 10,000 square feet in size.
s) Hobby shops and gift stores.
t) Interior design services, including floor and wall covering stores.
u) Jewelry sales and service.
v) Laundry and dry-cleaning services.
w) Library.
x) Medical, optical and dental clinics.
y) Parks and Open Spaces.
z) Pet shops, excluding kennel services.
aa) Photograph sales and repair.
bb) Record and video stores.
cc) Restaurants, coffee shops, excluding drive-in service.
dd) Sporting goods stores.
ee) Postal facilities
ff) 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 Special Use Permit based on
the procedures set forth in Section 502.07.03 of this 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;
2. The facility meets all State licensing requirements pursuant to Minnesota
Statutes 245A.02 and 45A.11.
502.46-2
ORDINANCE 502 – ZONING ORDINANCE
c) Motor vehicle service stations.
d) Bars and liquor stores.
e) Auto, service and repair shops.
f) 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 502.38, Subd. 5 and 6; and said residential uses occupy
only the 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 502.10.
g) Lodge.
h) Commercial Planned Unit Developments.
i) Other uses determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Subd. 4: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the Central Business District.
a) Commercial or business building for a use accessory to the principal use, not to
exceed 50 percent of the size of principal building.
b) Business identification signs as regulated in Section 502.11.
c) Temporary buildings for construction purposes for a period not to exceed
construction.
d) Off-street loading and parking areas.
e) Signs that meet the criteria of Subdivision 9 of this section.
Subd. 5: Setback Requirements.
a) Front yard setbacks shall be ten (10) feet from the lot line. If the building front is
located on Minnesota Street from College Avenue to Second Street Northwest, no
front yard setback is required.
b) Side yard setback shall be five (5) feet from the lot line. No structure shall be
placed closer than twenty (20) feet from the boundary of any residential district. If
502.46-3
ORDINANCE 502 – ZONING ORDINANCE
the building front is located on Minnesota Street from College Avenue to Second
Street Northwest, no side yard setback is required.
c) Rear yard setback shall be five (5) feet from the lot line, except:
1. Where a lot abuts an alley, the rear yard setback shall be ten (10) feet;
2. Where a lot abuts a residential district, the rear yard setback shall be
twenty (20) feet.
Subd. 6: Height Requirements. Any portion of a structure shall not exceed 3 stories or 40
feet in height. Berming the building does not allow a building to be constructed higher than 35
feet. Elevation for the building shall be determined by the average grade of the land.
Subd. 7: Other Requirements.
a) Before the issuance of a building permit, all buildings constructed in the Central
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 Central Business District 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 allowed.
e) Single tenant retail buildings shall not exceed 10,000 square feet.
f) A Lock Box shall be installed on all buildings before a certificate of occupancy
will be issued.
Subd. 8: Site Coverage. No structure or combination of structures shall occupy more
than 90 percent of the lot area.
Subd. 9: Signs. In the Central Business district, the general provisions apply to all signs:
a) Business signs may be erected and maintained in conjunction with a commercial
use provided:
1. Signs shall have a surface area not exceeding fifty (50) square feet per
sign face with an aggregate total not to exceed 100 square feet if double
faced.
502.46-4
ORDINANCE 502 – ZONING ORDINANCE
2. Such sign except a directional sign, is erected only on the premise on
which the use, to which the sign relates, is conducted.
3. Notwithstanding the above, where to or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates. For the purpose of this
subdivision, a combination of two or more business operations within a
single structure includes, but is not limited to, shopping centers, shopping
malls, and subdivided retail, office or industrial buildings offered for lease
or condominium ownership.
4. All freestanding Business Signs shall be landscaped around the base.
Except for monument signs, the surface area of the base of any Business
Sign shall not exceed 25% of the face area unless structural engineering
illustrates the face cannot meet the wind loading requirement of the
Building Code.
502.46, Subd. 9.a. amended 4/2005
(*section subsequently renumbered)
b) Advertising signs or pylon signs shall not be permitted
c) Wall signs shall not project above the roof.
1. That the sign does not exceed one square foot per lineal lot front foot or
fifteen percent (15%) of the building frontage area, or fifty square feet
which ever is the lesser.
d) Maximum height of a sign is subject to height requirements stated in Ordinance
502.11.
502.46, Subd. 9d amended 3/2015
e) Sign Removal. All signs not maintained and kept in good repair or in non
compliance of the St. Joseph Code of Ordinances shall be subject to removal upon
direction of the City Building Inspector.
Subd. 10: Development Plan Requirements. All development plans must be submitted to
the Zoning Administrator for review and circulation to the City Engineer and Public Works
Director, and if it is determined that the use and development is consistent with the stated intent
of the zoning district, Planning Commission approval is not required. If the proposed use is not
consistent with the intent of this ordinance or compatible with adjacent land uses, the proposed
development plan will be submitted to the Planning Commission for approval. In determining
conformity to the Ordinance, the following information must be presented to the Zoning
Administrator.
502.46-5
ORDINANCE 502 – ZONING ORDINANCE
502.46, Subd. 10 amended 4/2005 (*section subsequently renumbered)
Section 502.46 Subd 10 amended 10/10
a) Building location on the lot, drawn to scale.
b) Building elevations; front, rear and side.
c) Building exterior materials and color.
d) Locations of ingress and egress points.
e) Dumpster and solid waste pick-up areas and proposed screening material.
f) Sign location and dimensions.
g) Lighting standard and hood detail.
h) Parking and loading areas identified.
i) Drainage by the use of arrows and/or contours.
j) Screening of heating, ventilation and air-conditioning equipment.
k) Landscaping material including the location, type of plant and size.
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.
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.
502.46-6
ORDINANCE 502 – ZONING ORDINANCE
2. Amount. Fees payable under this section for development plan review
shall be in an amount as established by resolution of the City Council.
Preparation and review of all elements of the required development plan,
as listed and described above, is to be at the sole expense of the developer
and at no expense to the public. The fee is payable at the time of filing a
petition and is not refundable. In addition to the above fees and in the
event the City incurs professional fees, either legal, engineering or
professional planners, or any other cost, including but not limited to,
postage and publication expenses, the applicants shall reimburse the City
for those fees, and the City officials may require an escrow deposit,
cashier’s check or letter of credit for these fees prior to the final action on
the application for development plan review. Such escrow or letter of
credit shall be in the form approved by the City Attorney.
3. Development Agreement. In the event additional review by the City or its
assigns is anticipated and/or needed during implementation of
Development Plan, or other similar circumstance, the City shall require the
property owner(s) and/or developer(s) enter into a development agreement
with the City. The development agreement shall stipulate the conditions
for approval and the City's authority to inspect the development. The
agreement shall further require the owner or developer, as the case may
require, furnish a cashier's check, escrow account or irrevocable letter of
credit in favor of the City in an amount equal to 110% of all costs
associated with City’s review of the development, including but not
limited to, engineering, legal, fiscal and administrative, as estimated by the
City. Such escrow or letter of credit shall be in the form approved by the
City Attorney, shall be conditioned upon the approval of the development
plan.
Subd. 11: 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.
Subd. 12. Regulation of Activities Adjacent to Wetlands.
a) The following activity shall be subject to a 50 foot setback from wetlands: The
construction or maintenance of a building attached to a foundation, including but
not limited to, pole buildings. For purposes of this paragraph, pump houses,
moveable storage sheds, recreational docks and storm water or erosion control
devices shall not be considered buildings.
b) The following activity shall be subject to a 75 foot setback from wetlands: The
construction or maintenance of paved driveways or areas designed for the parking
of a vehicle or trailer.
502.46-7
ORDINANCE 502 – ZONING ORDINANCE
c) The following activities shall be subject to a 100 foot setback from wetlands:
1. The construction or maintenance of a well used for agricultural irrigation,
or any well less than 50 feet in depth.
2. External storage of materials used in conjunction with industrial or
commercial processing or manufacturing.
3. The storage of waste or refuse generated by industrial or commercial
activities.
4.The construction or maintenance of a septic system.
Subd. 13: Interim Use Permit for Rental Units.
a) Residential units in areas that have been rezoned to commercial from residential
shall be allowed an interim use permit as a rental unit for a specific period of
time. The maximum density for rental units under the interim use permit shall be
limited to the density which is allowed in the R-1, Single Family Residential
District.
b) The interim use as a rental unit shall be obtained through the procedures set forth
in St. Joseph Ordinance 502.07, Subd. 4 – Interim Use Permit.
c) In requesting such an interim rental use, the landowner agrees to any conditions
that the governing body deems appropriate for permission of the use and agrees
that the use will terminate at the designated date for termination of the interim
use.
d) Public hearings shall be held as set forth in Ordinance 502.07, Subd. 4.
502.46, Subd. 13, added 1/07
502.46-8
ORDINANCE 502 – ZONING ORDINANCE
Section 502.50: B-2 HIGHWAY 75 BUSINESS DISTRICT
Subd. 1: Intent. The Highway 75 Business District is intended to control the use and
development of land and improvements by creating a mixed land use district near and adjacent to
the County State Aid Highway 75 corridor in the City of St. Joseph. This shall be done by
allowing for a mixture of land uses and by establishing stringent standards for development. This
section shall be administered in a manner which will encourage and promote high-value
development in a manner similar to a planned unit development, taking full advantage of the
City’s highway location. It is also the purpose of the Highway 75 Business District that a
pleasant, attractive, and aesthetically pleasing environment be developed.
Subd. 2: Permitted Uses. The following uses are permitted:
a) Business Services
1. Banks
2. Office space
b) Food Services.
1. Grocery stores
2. Supermarkets
3. Restaurants, except drive-thru restaurants
4. Delicatessen
5. Bakeries whose product is sold at retail on premises
c) Personal Services.
1. Multiple Retail
2. Drug stores
3. Hardware stores
4. Book stores
5. Discount (‘Big Box’) retail stores
502.50-1
ORDINANCE 502 – ZONING ORDINANCE
6. Retail apparel stores
7. Flower shops
8. Beauty shops and salons
9. Photography shops and studios
10. Funeral homes
d) Medical Services.
1. Medical clinics
2. Dental clinics
3. Veterinary clinics
4. Other institutions providing health care.
e) Movie and Performing Arts Theaters.
f) Other use determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Section 502.50 Subd 2 amended 10/10 (section subsequently numbered)
Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the Highway 75 Business District and subject to all the requirements in this
Section:
a) Commercial or business building for a use accessory to the principal use, not to
exceed 30% percent of the size of principal structure.
b) Signs which meet the criteria of Subdivision 9 of this section.
c) Temporary buildings for construction purposes for a period not to exceed
construction.
d) Off-street loading and parking areas, subject to applicable section(s) of this
Ordinance.
e) Fences, landscaping.
502.50-2
ORDINANCE 502 – ZONING ORDINANCE
Subd. 4: Uses Under Special Use Permit. The following uses shall require a Special Use
Permit based on the procedures set forth in Section 502.07.03 of this Ordinance:
a) Auto malls and/or automobile service and gas stations, provided that:
1. Motor fuel facilities are installed in accordance with state and city
standards.
2. Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are
to be positioned to allow adequate access by motor fuel transports and
unloading operations minimize conflict with circulation, access and other
activities on the site.
3. Wherever fuel pumps are to be installed, pump islands shall be installed.
4. A protective canopy located over the pump island(s) may be an accessory
structure on the property; however, adequate visibility both on and off
site shall be maintained.
5. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
b) Office warehousing.
c) Lawn and garden temporary sales area.
d) Lumber yards and home improvement retail centers.
e) New or used auto dealerships.
f) Stone building material sales and service.
g) Recreational vehicle sales and services.
h) Transportation terminals, public utility and transfer stations, without storage
yards.
i) Equipment Services.
1. Radio and television shops
2. Appliance repair shops
3. Appliance show rooms
502.50-3
ORDINANCE 502 – ZONING ORDINANCE
j) Recreational Services.
1. Theaters
2. Bowling establishments
3. Clubs and lodges
k) Hotels
l) Motels
m) Drive-through and convenience food establishments, provided that an internal site
pedestrian circulation system shall be defined and appropriate provisions made to
protect such areas from encroachments by parked cars or moving vehicles.
n) Commercial car washes (drive through, self-service and mechanical) provided
that stacking space is constructed, subject to approval by the City Engineer, to
accommodate that number of vehicles which can be washed during a maximum
thirty (30) minute period.
o) Convenience Store with gasoline, provided that:
1. The sale of food items is in compliance with state and county standards
and subject to the approval of a Health Inspector who shall provide
specific written sanitary requirements for each proposed sale location.
2. The approximate area and location devoted to non-automotive
merchandise sales shall be specified in general terms in the application.
3. Motor fuel facilities are installed in accordance with state standards.
Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are to
be positioned to allow adequate access by motor fuel transports and
unloading operations minimize conflict with circulation, access and other
activities on the site.
4. Wherever fuel pumps are to be installed, pump islands shall be installed.
5. A protective canopy located over the pump island(s) may be an accessory
structure on the property however adequate visibility both on and off site
shall be maintained.
6. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
502.50-4
ORDINANCE 502 – ZONING ORDINANCE
p) Postal Stations
q) Uses determined to be of a similar nature as those permitted under Subd. 1, upon
a finding that the uses will not be detrimental to the health, safety and welfare of
the City, and that the use is consistent with the stated intent of the zone as
contained in Subd. 1.
Subd. 5: Conditions Applicable to All Special Use Permits. The following conditions
are applicable to all uses under a special use permit:
a) When abutting a residential use in a residential use district, the property is
adequately screened and landscaped.
b) Parking areas shall be screened from the view of abutting residential districts.
c) Vehicular access points shall be limited, shall create minimal conflict with
through traffic movements, shall comply with all appropriate Chapters of this
Ordinance as may be amended and shall be subject to the approval of the City
Engineer.
d) Provisions are made to control and reduce noise in accordance with MPCA
standards.
e) The entire site other than that taken up by a building, structure or plantings shall
be surfaced so as to control dust subject to the approval of the City Engineer.
f) The entire area shall have a drainage system subject to the approval of the City
Engineer.
g) The architectural appearance and functional plan of the building and site shall not
be so dissimilar to the existing buildings or area so as to cause impairment in
property values or constitute a blighting influence within a reasonable distance of
the lot.
h) All outdoor storage shall be completely screened from view.
Subd. 6: Uses Under Interim Use Permit: The following uses shall require an Interim
Use Permit based on the procedures set forth in Section 502.07.04 of this Ordinance:
a) Farmers Market/Outdoor Market – a publicly or privately operated, open-air
establishment where agricultural or new or used projects are sold.
1.A site plan shall be provided illustrating that the location of the
temporary/seasonal market meets all required parking lot setbacks and all
other setbacks. The site plan shall be a scaled and dimensioned site plan
showing the layout of the entire market area including parking spaces for
the use, traffic patterns and stall areas.
502.50-5
ORDINANCE 502 – ZONING ORDINANCE
2.Any temporary structure placed on the property for such sales must be
removed at the end of the selling season or sale. The size of a temporary
building shall not exceed 120 square feet per vendor.
3.The Interim Use Permit shall be obtained through the procedures set forth
in St. Joseph Ordinances 502.07 Subd. 4 – Interim Use Permits.
b) Rental Units.
1.Residential units in areas that have been rezoned to commercial from
residential may be eligible for an Interim Use Permit as a rental unit for a
specific period of time. The maximum density for rental units under the
Interim Use Permit shall be limited to the density which is allowed in the
R-1 Single Family Residential District.
2.The Interim Use as a rental shall be obtained through the procedures set
forth in St. Joseph Ordinance 502.07, Subd. 4 – Interim Use Permit.
3.In requesting such an interim rental use, the landowner agrees to any
conditions that the governing body deems appropriate for permission of
the use and agrees that the use will terminate at the designated date for
termination of the interim use.
4.Public hearings shall be held as set forth in Ordinance 502.07 Subd. 4.
Section 502.50 Subd 6 amended 10/10 (following Subd subsequently numbered)
Subd. 7: Setback Requirements.
a) Lot Size. Minimum lot size is 10,000 square feet with a minimum width of 100
feet, except lots platted prior to 1950.
b) Property adjacent to County State Aid Highway 75. Shall have a ten (10) foot
landscaped setback from the highway right-of-way line. Any structure shall have
a twenty (20) foot setback from the highway right-of-way.
c) Front yard. Setback shall be twenty (20) feet from the lot line.
d) Side yard. Setback shall be ten (10) feet from the lot line. If the property’s side
yard is adjacent to County State Aid Highway 75, the setback shall conform to
Subd. 5(a) of this Section.
e) Rear yard. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a
residential district.
f) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
502.50-6
ORDINANCE 502 – ZONING ORDINANCE
Subd. 7: Height Requirements.
a) Any portion of a structure shall not exceed 3 stories or 40 feet in height. Berming
the building does not allow a building to be constructed higher than 40 feet.
Elevation for the building shall be determined by the average grade of the land.
Subd. 8: Site Coverage. No structure or combination of structures shall occupy more
than 60 percent of the lot area.
Subd. 9: Other Requirements.
a) Parking Lots. All parking lots shall conform to the standards set forth in Section
502.10. All lots shall include parking controls and other landscaping techniques to
improve their aesthetic quality and to direct the flow of traffic.
b) Loading Docks. All loading docks shall conform to the standards set forth in
Section 502.10. No loading docks or overhead doors shall directly face County
State Aid Highway 75.
c) Building Exteriors. All construction of new facilities, excluding additions to
existing facility constructed before this provision was adopted and the addition is
less than 50% of the square feet of the original building, shall consist of pre-cast
or cast tip up concrete walls, concrete block (painted or decorative), post
frame/steel frame with a concrete block or poured concrete complete perimeter
foundation with frost footings extending a minimum of eight inches (8”) above
the final grade, and stick built construction.
Pre-finished architectural metal panels, with a minimum twenty (20) year
manufacturer color-fast warranty, may be used as a construction material. The
exterior building finish of thirty (30%) percent of all four sides of the structure,
exclusive of windows and doors, shall consist of materials comparable to: face
brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum lapsiding; cut
block; and, concrete block (the surface must be treated with an applied decorative
texture or material). Pre-cast or cast in place concrete buildings shall provide as
much adornment as is possible considering their exterior finish limitations.
Accessory Buildings located in the rear yard or behind the principal structure, and
not visible from the public right-of-way must have an exterior harmonious with
the principal structure, all other accessory buildings must meet the 30%
adornment requirement stated above.
d) Screening. All heating, ventilation and air conditioning equipment, and refuse
storage areas shall be screened and in a suitable location as determined by the
Planning Commission.
e) Lighting. All lighting shall be hooded and no light may directly strike County
State Aid Highway 75 or areas outside of the development.
502.50-7
ORDINANCE 502 – ZONING ORDINANCE
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.
Subd. 9 Updated 11/2013
h) Signs. All proposed business signs shall be an element of the Development Plan.
All signs shall conform to the Subd. 10 of this Section.
i) A Lock Box shall be installed on all buildings before a certificate of occupancy
will be issued.
Subd. 10: Development Plan Requirements. All Development plans must be submitted to
the Zoning Administrator for review and circulation to the City Engineer and Public Works
Director, and if it is determined that the use and development is compatible with adjacent land
uses, and consistent with the stated intent of the zoning district, Planning Commission approval
is not required. If the proposed use is not consistent with the intent of this ordinance or
compatible with adjacent land uses, the proposed development plan will be submitted to the
Planning Commission for approval. In determining conformity to the Ordinance, the following
information must be presented to the Zoning Administrator.
502.50, Subd.9 amended 4/2005 (*section subsequently renumbered)
Section 502.50 Subd 10 amended 10/10
a) Building location on the lot, drawn to scale.
b) Building elevations; front, rear and side
c) Building exterior materials and color.
d) Locations of ingress and egress points.
e) Dumpster and solid waste pick-up areas and proposed screening material.
f) Sign location and dimensions.
g) Lighting standard and hood detail.
h) Parking and loading areas identified.
i) Drainage by the use of arrows and/or contours.
j) Screening of heating, ventilation and air-conditioning equipment.
k) Landscaping material including the location, type of plant and size.
502.50-8
ORDINANCE 502 – ZONING ORDINANCE
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.
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
502.50-9
ORDINANCE 502 – ZONING ORDINANCE
City. Such escrow or letter of credit shall be in the form approved by the
City Attorney, shall be conditioned upon the approval of the development
plan.
Subd. 11: Signs. In the B-2 Highway 75 Business district the general provisions apply to
all signs.
a) Business and Wall signs may be erected, attached or painted on to a structure and
Advertising signs shall be prohibited. They are defined as follows:
1. Business Sign. A sign that is related to the business located on the same
property to which it is located.
2. Wall Sign. A sign painted or placed against or attached to the exterior
wall surface of a building or structure.
3. Advertising Sign. A sign which directs attention to a business, profession,
commodity, service or entertainment which is sold or offered on a premise
other than that on which the sign is located.
b) Business signs may be erected, attached or painted on to a structure, and
maintained in conjunction with a commercial use provided:
1. Signs shall have a surface area not exceeding one hundred square feet per
sign face with an aggregate total not to exceed two hundred (200) square
feet if double faced.
2. Such sign except a directional sign, is erected only on the premise on
which the use, to which the sign relates, is conducted.
3. Notwithstanding the above, where two or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates.
For the purpose of this subdivision, a combination of two or more business
operations within a single structure includes, but is not limited to,
shopping centers, shopping malls, and subdivided retail, office or
industrial buildings offered for lease or condominium ownership.
4. All freestanding Business Signs shall be landscaped around the base.
Except for monument signs, the surface area of the base of any Business
502.50-10
ORDINANCE 502 – ZONING ORDINANCE
Sign shall not exceed 25% of the face area unless structural engineering
illustrates the face cannot meet the wind loading requirement of the
Building Code.
5. The maximum height of a Business Sign shall be subject to height
requirements stated in Ordinance 502.11.
502.50, Subd. 10.b. amended 4/2005 (*section subsequently renumbered)
502.50, Subd. 10b-1 amended 03/2015
c) Wall signs may be placed or painted against the exterior wall or surface of a
building or structure and are subject to the following regulations:
1. That the wall sign does not exceed one and one-half (1 ½) square feet per
lineal lot front foot or fifteen percent (15%) of the building frontage area
or seventy five (75) square feet, which ever is the greatest.
2. Wall signs shall not project above the roof.
Subd. 12: Regulation of Activities Adjacent to Wetlands.
a) The following activity shall be subject to a 50 foot setback from wetlands:
The construction or maintenance of a building attached to a foundation,
including but not limited to, pole buildings. For purposes of this
paragraph, pump houses, moveable storage sheds, recreational docks and
storm water or erosion control devices shall not be considered buildings.
b) The following activity shall be subject to a 75 foot setback from wetlands:
The construction or maintenance of paved driveways or areas designed for
the parking of a vehicle or trailer.
c) The following activities shall be subject to a 100 foot setback from
wetlands:
1. The construction or maintenance of a well used for agricultural
irrigation, or any well less than 50 feet in depth.
2. External storage of materials used in conjunction with industrial or
commercial processing or manufacturing.
3. The storage of waste or refuse generated by industrial or
commercial activities.
4.The construction or maintenance of a septic system.
Section 502.50 Subd 12 (Interim Use Permits) removed
502.50-11
ORDINANCE 502 – ZONING ORDINANCE
Section 502.54: B-3 GENERAL BUSINESS DISTRICT
Subd. 1: Intent. The General Business District provides space for specialized 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. The intent of the B-3
district is to create attractive commercial and business activities through standards including, but
not limited to, larger lot sizes, greenspace and landscaping requirements.
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.
l) Interior design services, including floor and wall covering stores.
m) Retail malls.
n) Medical, optical and dental clinics.
o) Office parks.
p) Parks and Open Spaces.
502.54-1
ORDINANCE 502 – ZONING ORDINANCE
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 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 Special Use Permit based on
the procedures set forth in Section 502.07.03 of this Ordinance.
a) Transportation terminals, public utility and transfer stations, without storage
yards.
b) Equipment Services.
1. Radio and television shops
2. Appliance repair shops
3. Appliance show rooms
c) Recreational Services.
1. Theaters
2. Bowling establishments
3. Clubs and lodges
d) Hotels/Motels
e) Drive-through and convenience food establishments, provided that an internal site
pedestrian circulation system shall be defined and appropriate provisions made to
protect such areas from encroachments by parked cars or moving vehicles.
f) Commercial car washes (drive through, self-service and mechanical) provided
that stacking space is constructed, subject to approval by the City Engineer, to
accommodate that number of vehicles which can be washed during a maximum
thirty (30) minute period.
502.54-2
ORDINANCE 502 – ZONING ORDINANCE
g) Convenience Store with fuel services, provided that:
1. The sale of food items is in compliance with state and county standards
and subject to the approval of a Health Inspector who shall provide
specific written sanitary requirements for each proposed sale location.
2. The approximate area and location devoted to non-automotive
merchandise sales shall be specified in general terms in the application.
3. Motor fuel facilities are installed in accordance with state standards.
4. 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.
5. Wherever fuel pumps are to be installed, pump islands shall be installed.
6. A protective canopy located over the pump island(s) may be an accessory
structure on the property however adequate visibility both on and off site
shall be maintained.
7. 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.
h) Uses determined to be of a similar nature as those permitted under Subd. 1, upon
a finding that the uses will not be detrimental to the health, safety and welfare of
the City, and that the use is consistent with the stated intent of the zone as
contained in Subd. 1.
Subd. 4: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the General Business District.
a) Commercial or business buildings for a use accessory to the principal use, not to
exceed thirty percent (30%) of the square footage of the principal structure.
b) Temporary buildings for construction purposes for a period not to exceed
construction.
c) Off-street loading and parking areas.
d) Signs which meet the criteria in Subd. 11 of this Section.
502.54-3
ORDINANCE 502 – ZONING ORDINANCE
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 Highway 75. Shall have a ten (10) foot
landscaped setback from the highway right-of-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. 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.
d) Rear yard. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a
residential district.
e) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 7: Height Requirements. No portion of any structure shall exceed 3 stories or 40
feet in height. Berming the building does not allow a building to be constructed higher than 40
feet. Elevation for the building shall be determined by the average grade of the land.
Subd. 8: Site Coverage. No structure or combination of structures shall occupy more
than 60 percent of the lot area.
Subd. 9: Other Requirements.
a) Parking Lots. All parking lots shall conform to the standards set forth in Section
502.13. All lots shall include parking controls and other landscaping techniques to
improve their aesthetic quality and to direct the flow of traffic.
b) Loading Docks. All loading docks shall conform to the standards set forth in
Section 502.13 Subd. 6. No loading docks or overhead doors shall directly face
County State Aid Highway 75.
c) Building Exteriors. All construction of new facilities shall consist of pre-cast or
cast tip up concrete walls, concrete block (painted or decorative), post frame/steel
frame with a concrete block or poured concrete complete perimeter foundation
with frost footings extending a minimum of eight inches (8”) above the final
grade, and stick built construction. Pre-finished architectural metal panels, with a
minimum twenty (20) year manufacturer color-fast warranty, may be used as a
construction material. The exterior building finish of fifty (50%) percent of all
four sides of the structure, exclusive of windows and doors, shall consist of
materials comparable to: face brick; natural stone or cultured rock; glass; vinyl;
502.54-4
ORDINANCE 502 – ZONING ORDINANCE
stucco, aluminum lapsiding; cut block; and, concrete block (the surface must be
treated with an applied decorative texture or material). Pre-cast or cast in place
concrete buildings shall provide as much adornment as is possible considering
their exterior finish limitations. 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 additions
are completed. This does not include re-shingling or re-roofing.
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 any
streets/highways or areas outside of the development.
f) Stops and Curbs. Concrete curb to B-612 specifications shall be used for all
automobile stops and for all drive and parking areas.
g) Landscaping. In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
h) Signs. All proposed business signs shall be an element of the Development Plan.
All signs shall conform to the Subd. 11 of this Ordinance.
i) A Lock Box shall be installed on all buildings before a certificate of occupancy
will be issued.
Subd. 10: Development Plan Requirements. All development plans must be submitted to
the Zoning Administrator for review and circulation to the City Engineer and Public Works
Director, and if it is determined that the use and development is consistent with the stated intent
of the zoning district, Planning Commission approval is not required. If the proposed use is not
consistent with the intent of this ordinance or compatible with adjacent land uses, the proposed
development plan will be submitted to the Planning Commission for approval. In determining
conformity to the Ordinance, the following information must be presented to the Zoning
Administrator.
502.54, Subd. 10 amended 4/2005 (*section subsequently renumbered)
Section 502.54 Subd 10 amended 10/10
a) Building location on the lot, drawn to scale.
b) Building elevations; front, rear and side.
c) Building exterior materials and color.
d) Locations of ingress and egress points.
502.54-5
ORDINANCE 502 – ZONING ORDINANCE
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.
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
502.54-6
ORDINANCE 502 – ZONING ORDINANCE
the application for development plan review. Such escrow or letter of
credit shall be in the form approved by the City Attorney.
3. Development Agreement. In the event additional review by the City or its
assigns is anticipated and/or needed during implementation of
Development Plan, or other similar circumstance, the City shall require the
property owner(s) and/or developer(s) enter into a development agreement
with the City. The development agreement shall stipulate the conditions
for approval and the City's authority to inspect the development. The
agreement shall further require the owner or developer, as the case may
require, furnish a cashier's check, escrow account or irrevocable letter of
credit in favor of the City in an amount equal to 110% of all costs
associated with City’s review of the development, including but not
limited to, engineering, legal, fiscal and administrative, as estimated by the
City. Such escrow or letter of credit shall be in the form approved by the
City Attorney, shall be conditioned upon the approval of the development
plan.
Subd. 11: Signs. In the B-3 General Business district the general provisions apply to all
signs.
a) Business and Wall signs may be erected, attached or painted on to a structure and
advertising signs shall be prohibited. They are defined as follows:
1. Business Sign. A sign that is related to the business located on the same
property to which it is located.
2. Wall Sign. A sign painted or placed against or attached to the exterior
wall surface of a building or structure.
3. Advertising Sign. A sign which directs attention to a business, profession,
commodity, service or entertainment which is sold or offered on a premise
other than that on which the sign is located.
b) Business signs may be erected, attached or painted on to a structure, and
maintained in conjunction with a commercial use provided:
1. Signs shall have a surface area not exceeding one hundred square feet per
sign face with an aggregate total not to exceed two hundred (200) square
feet if double faced.
2. Such sign except a directional sign, is erected only on the premise on
which the use, to which the sign relates, is conducted.
3. Notwithstanding the above, where two or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
502.54-7
ORDINANCE 502 – ZONING ORDINANCE
premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates.
For the purpose of this subdivision, a combination of two or more business
operations within a single structure includes, but is not limited to,
shopping centers, shopping malls, and subdivided retail, office or
industrial buildings offered for lease or condominium ownership.
4. All freestanding Business Signs shall be landscaped around the base.
Except for monument signs, the surface area of the base of any Business
Sign shall not exceed 25% of the face area unless structural engineering
illustrates the face cannot meet the wind loading requirement of the
Building Code.
5. The maximum height of a Business Sign shall be subject to height
requirements stated in Ordinance 502.11.
502.54, Subd. 11.b. amended 4/2005 (*section subsequently renumbered)
502.54, Sub 11b-5, amended 03/2015
c) Wall signs may be placed or painted against the exterior wall or surface of a
building or structure and are subject to the following regulations:
1. That the wall sign does not exceed one and one-half (1 ½) square feet per
lineal lot front foot or fifteen percent (15%) of the building frontage area
or seventy five (75) square feet, which ever is the greatest.
2. Wall signs shall not project above the roof.
d) Advertising or pylon signs shall not be permitted.
Subd. 12: Regulation of Activities Adjacent to Wetlands.
a) The following activity shall be subject to a 50 foot setback from wetlands:
The construction or maintenance of a building attached to a foundation,
including but not limited to, pole buildings. For purposes of this
paragraph, pump houses, moveable storage sheds, recreational docks and
storm water or erosion control devices shall not be considered buildings.
b) The following activity shall be subject to a 75 foot setback from wetlands:
The construction or maintenance of paved driveways or areas designed for
the parking of a vehicle or trailer.
502.54-8
ORDINANCE 502 – ZONING ORDINANCE
c) The following activities shall be subject to a 100 foot setback from
wetlands:
1. The construction or maintenance of a well used for agricultural
irrigation, or any well less than 50 feet in depth.
2. External storage of materials used in conjunction with industrial or
commercial processing or manufacturing.
3. The storage of waste or refuse generated by industrial or
commercial activities.
4. The construction or maintenance of a septic system.
Subd. 13: Interim Use Permit for Rental Units.
a) Residential units in areas that have been rezoned to commercial from residential
shall be allowed an interim use permit as a rental unit for a specific period of
time. The maximum density for rental units under the interim use permit shall be
limited to the density which is allowed in the R-1, Single Family Residential
District.
b) The interim use as a rental unit shall be obtained through the procedures set forth
in St. Joseph Ordinance 502.07, Subd. 4 – Interim Use Permit.
c) In requesting such an interim rental use, the landowner agrees to any conditions
that the governing body deems appropriate for permission of the use and agrees
that the use will terminate at the designated date for termination of the interim
use.
d)Public hearings shall be held as set forth in Ordinance 502.07, Subd. 4.
502.54, Subd. 13, added 1/07
502.54-9
ORDINANCE 502 – ZONING ORDINANCE
Section 502.58: LI-LIGHT INDUSTRIAL DISTRICT
Subd. 1: Intent. The Light Industrial District provides space for industrial activities
involving a minimum degree of refuse byproducts and air or noise pollution, and requiring a
relatively low level of on-premise processing. These activities may include secondary
commercial functions which are conducted on site.
Subd. 2: Permitted Uses. The following use shall be permitted within the LI-Light
Industrial District:
a) Assembly plants and manufacturing enterprises of a wide variety of products that
do not cause noxious odors or noise, including excessive users of water and
sewer. Examples of such uses include: fabrication or assembly of small products
such as opticals, electronics, pharmaceuticals, medical supplies and small
equipment.
b) Publishing establishments.
c) Clothing or apparel manufacturing or assembly.
d) Business incubator facilities.
e) Bottling establishments.
f) Dry cleaning and drying establishments.
g) Manufacturing/assembly of crates, boxes, baskets, furniture, veneer,
cabinets and similar word items.
h) Building materials sales and storage/ lumberyards.
i) Manufacturing of plastic, fiberglass and metal products.
j) Mini-storage.
k) Major automotive repair.
l) Offices/showroom/retail space as a portion of the principal industrial use provided
they do not exceed a combined 25 percent of the total square footage of the
principal use.
m) Appliance assembly and warehousing.
502.58-1
ORDINANCE 502 – ZONING ORDINANCE
n) Industrial research laboratories.
o) Manufacturing of small electrical parts and service.
p) Newspaper and printing plants.
q) Telecommunication facilities, base stations.
r) Telemarketing and mail order establishments.
s) Warehousing, of non-explosive material and equipment within the structure.
t) Wholesale or distributor storage and distribution of non-hazardous materials.
u) Wholesale water conditioning systems.
v) Uses determined to be of a similar nature as those contained in this section upon a
finding that the uses will not be detrimental to the health, safety and welfare of the
City, and that the use is consistent with the stated intent of the zone as contained
in Subd. 1.
Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the Light Industrial District and subject to the all the requirements in this
Section:
a) Restaurant, lunch counters, confectioneries to serve the employees employed
within the District.
b) Residential structures and related residential uses necessary for security and safety
reasons in relation to the principal use.
c) Off-street parking and off-street loading.
d) Outdoor storage as regulated in Section 502.12, Subd. 12.
e) Office accessory to the principal use.
f) Business identification signs as regulated in Subd. 11.
g) Temporary buildings for construction purposes for a period not to exceed a period
of 12 months.
Subd. 4: Uses Under Special Use Permit. The following uses shall require a Special Use
Permit based on the procedures set forth in this Ordinance.
a) Adult Entertainment as regulated in Section 502.15 of this Ordinance.
502.58-2
ORDINANCE 502 – ZONING ORDINANCE
b) Commercial activities relating to production systems, structural maintenance
programs or the construction industry.
c) Service structures, public or private, designed and used to serve the uses in the
surrounding area, such as electric power substation, telephone buildings, deep
wells, elevated tanks and similar structures and uses.
d) Biotechnology and health science research, development, manufacturing, and/or
production facilities including but not limited to devices, products, components,
and services whether organic or inorganic in nature.
e) Commercial/Industrial Planned Unit Development.
f) When property within a Light Industrial District abuts County State Aid Highway
75:
1. Motels
2. Gasoline service stations
3. Restaurant or supper clubs
4. Drive-in establishments, provided that an internal site pedestrian
circulation system shall be defined and appropriate provisions made to
protect such areas from encroachments by parked cars or moving vehicles.
5. Open sales or temporary rental lots
g) Indoor Firing Range provided that:
1.The firing range shall not be located on any lot adjacent to an existing
Residential, Educational/Ecclesiastical or Public District unless the facility
is separated by a public right-of-way.
2.The firing Range shall not be located within one thousand (1,000) lineal
feet, measured from building to building, of an existing firing range or
establishment licensed to dispense intoxicating or non-intoxicating liquor,
nor shall they be in a building that dispenses liquor.
3.The building and method of operation shall conform with the applicable
Minnesota Pollution Control Agency, Environmental Protection Agency,
and OSHA standards for indoor ventilation, emission into the atmosphere,
indoor sound levels, lead containment and outside noise standards.
502.58-3
ORDINANCE 502 – ZONING ORDINANCE
4.The design and construction of the firing range shall completely confine
all ammunition rounds within the building and in a controlled manner.
The design and construction of the firing range shall be certified by a
registered engineer in the State of Minnesota. The certified plans shall
include the specifications and construction of the bullet trap (s), ceilings,
exterior and interior walls and floors. The certified plans shall state what
type and caliber of ammunition the range is designed to totally confine.
5.No ammunition shall be used in the range that exceeds the certified design
and construction specifications of the firing range.
6.Firearms shall not be stored on the premises when the range is closed for
Business, unless they are stored in a secured vault.
7.On-site supervision shall be supplied at all times by an adult with
credentials as a range operator. The range operator shall be responsible
for the conduct of their place of business and the conditions of safety and
order in the place of business and on the premises.
8.On site instruction shall be given only by Certified Firearms Instructors.
Current certificates for firearms instructors shall be on display in a
conspicuous location in the premises and available for public inspection at
all times.
9.The transport of firearms on the premises, to the premises and from the
premises shall conform to State Law.
10.Minors shall not be allowed in the range unless accompanied by an adult
at all times. This provision shall not be interpreted to prohibit minors
from participating in a firearm safety class or using the facility provided
they are supervised by an adult instructor.
Subd. 5: Lot Area Requirements.
a) Minimum Lot Size: One (1) acre (43,560 square feet). Minimum lot width one
hundred (100) feet.
b) Impervious surfaces shall not exceed 80% of the lot area. Impervious surfaces
shall include all structures, parking spaces and driveway connecting the parking
space with a street or alley.
502.58, Subd. 5, amended 1/07
Subd. 6: Setback Requirements. No part of the structure including footings, soffits,
gutters or other overhangs shall encroach on easement areas.
Front Yard Setbacks.
502.58-4
ORDINANCE 502 – ZONING ORDINANCE
a) Front yard setback shall be thirty (30) feet from the lot line. On corner lots, the
setback from all lot lines abutting a street shall be thirty (30) feet. When an
industrial district lot is separated from a residential zone by a city street, the
setback from the lot line shall be one hundred (100) feet.
b) Front yards abutting any roadway: the setback shall be landscaped as in
accordance to the requirements of any applicable protective covenants and such
reasonable requirements as established by the City, and shall not be used for
parking.
Side Yard Setbacks.
a) Side yard setback shall be at least twenty-five (25) feet from the lot line.
Development occurring on lots platted prior to January 1, 1999 shall be subject to
the ten foot side yard setback requirement in effect at the time of platting.
b) A Light Industrial District side yard adjacent to a residential boundary line shall
provide for a landscaped strip of at least sixty (60) feet in width along the lot
boundary line. A portion of this landscaped strip shall be planted to provide a
screen. The governing body may require additional side yard setback in these
cases. When such additional width is required, such additional width shall not
exceed one hundred (100) feet and paring in this area will be permitted.
c) Side yard boarding upon any roadway: the setback shall be landscaped in
accordance with any applicable protective covenants and such reasonable
requirements as established by the City.
Rear Yard Setback.
a) Rear yard setback shall be at least twenty (20) feet, which may be used for
parking.
Subd. 7: Height Requirements.
a) No building constructed in any Light Industrial District shall be more than fifty-
five (55) feet in height. Berming the building does not allow a building to be
constructed higher than 55 feet. Elevation for the building shall be determined by
the average grade of the land.
Subd. 8: Site Coverage. No structure or combination of structures shall occupy more
than 50 percent of the lot area.
Subd. 9: Other Requirements.
a) Parking Lots. All parking lots shall conform to the standards set forth in Section
502.10. All lots shall include parking controls and other landscaping techniques to
improve their aesthetic quality and to direct the flow of traffic.
502.58-5
ORDINANCE 502 – ZONING ORDINANCE
b) Loading Docks. All loading docks shall conform to the standards set forth in
Section 502.10. No loading docks or overhead doors shall directly face County
State Aid Highway 75.
c) Building Exteriors. All construction of new facilities, excluding additions that are
less than 30% of the existing structure, shall consist of pre-cast or cast tip up
concrete walls, concrete block (painted or decorative), and stick built construction
and shall include footings that meet the requirement of the MN State Building
Code, in relation to frost protection.
Pre-finished architectural metal panels, with a minimum twenty (20) year
manufacturer color-fast warranty, may be used as a construction material. A
minimum of twenty-five (25%) of the exterior building finish directly facing
streets, exclusive of windows and doors, shall consist of materials comparable to:
face brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum
lapsiding; cut block; and, concrete block (the surface must be treated with an
applied decorative texture or material). Pre-cast or cast in place concrete
buildings shall provide the same amount of adornment.
Accessory Building located in the rear yard or behind the principal structure, and
not visible from the public right-of-way must have an exterior harmonious with
the principal structure, all other accessory buildings must meet the 30%
adornment requirement stated above.
(*section subsequently renumbered)
Updated 502.58, Subd. 9(c) on 1/2005
d) Every applicant for a permit develop or expand any industrial property in the City
shall be required to submit a complete and accurate statement 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.
e) The Planning Commission shall have the right to require any additional
information, corrections, or control, deemed necessary for the protection of the
public. The Planning Commission shall have the right to hire expert consultants,
at the permittees' expense, to assist in the establishment of special restrictions for
any Industrial Use.
f) Every applicant shall be required to submit for approval a landscape plan
providing for the planting of trees and other vegetation.
g) Any use creating periodic earthshaking vibration shall be prohibited if undue
vibrations are perceptible beyond boundaries of the property on which the use is
located. This standard shall not apply to vibrations created during the process of
construction.
502.58-6
ORDINANCE 502 – ZONING ORDINANCE
h) Any use requiring the storage, utilization or manufacture of products which could
decompose by detonation shall be located not less than 400 feet from any
residence. This section shall not apply to the storage or usage of liquid petroleum,
natural gas for normal residential or business use providing other performance
standards are met.
i) All activities that emit radioactivity shall comply with the minimum requirements
of the Federal regulatory body.
j) All uses associated with bulk storage of oil, gasoline, liquid fertilizer, chemicals,
similar liquids and hazardous substances shall comply with the requirements of
the Minnesota State Fire Marshall, the Minnesota Department of Agriculture and
other hazardous substance legislation by the Federal government. The user of
such material shall have documents from the above offices that the use is in
compliance. All existing above ground liquid storage tanks with a capacity of
2,000 gallons or more, shall comply with the requirements of the Minnesota State
Fire Marshall's office within 12 months following enactment of this Ordinance.
k) Screening. All heating, ventilation and air conditioning equipment, and refuse
storage areas shall be screened and in a suitable location.
l) Lighting. All lighting shall be hooded and no light may directly strike any
street/highway or areas outside of the development.
m) Landscaping. In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
n) Signs. All proposed business signs shall be an element of the Development Plan.
All signs shall conform to the requirements of Subd. 11.
o) A Lock Box shall be installed on all buildings before a certificate of occupancy
will be issued.
Subd. 10: Development Plan Requirements. All development plans must be submitted to the
Zoning Administrator for review and circulation to the City Engineer and Public Works Director,
and if it is determined that the use and development is consistent with the stated intent of the
zoning district, Planning Commission approval is not required. If the proposed use is not
consistent with the intent of this ordinance or compatible with adjacent land uses, the proposed
development plan will be submitted to the Planning Commission for approval. In determining
conformity to the Ordinance, the following information must be presented to the Zoning
Administrator.
(*section subsequently renumbered)
Updated 502.58, Subd. 10 on 4/2005
Section 502.58 Subd 10 amended 10/10
a) Building location on the lot, drawn to scale.
b) Building elevations; front, rear and side.
502.58-7
ORDINANCE 502 – ZONING ORDINANCE
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.
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
502.58-8
ORDINANCE 502 – ZONING ORDINANCE
event the City incurs professional fees, either legal, engineering or
professional planners, or any other cost, including but not limited to,
postage and publication expenses, the applicants shall reimburse the City
for those fees, and the City officials may require an escrow deposit,
cashier’s check or letter of credit for these fees prior to the final action on
the application for development plan review. Such escrow or letter of
credit shall be in the form approved by the City Attorney.
3. Development Agreement. In the event additional review by the City or its
assigns is anticipated and/or needed during implementation of
Development Plan, or other similar circumstance, the City shall require the
property owner(s) and/or developer(s) enter into a development agreement
with the City. The development agreement shall stipulate the conditions
for approval and the City's authority to inspect the development. The
agreement shall further require the owner or developer, as the case may
require, furnish a cashier's check, escrow account or irrevocable letter of
credit in favor of the City in an amount equal to 110% of all costs
associated with City’s review of the development, including but not
limited to, engineering, legal, fiscal and administrative, as estimated by the
City. Such escrow or letter of credit shall be in the form approved by the
City Attorney, shall be conditioned upon the approval of the development
plan.
Subd. 11: Signs. In the L-I Light Industrial district the general provisions apply to all
signs.
a) Special and Temporary Signs.
1. One (1) identification sign not exceeding thirty-five (35) square feet in
area for the following uses: church, school, or similar uses. Such signs
shall be solely for the name and of the use and its activities and may be
illuminated but not flashing.
2. Temporary signs advertising a new subdivision development limited to the
following: (1) maximum size shall be thirty-two (32) square feet in
surface area, (2) maximum height of fifteen (15) feet above ground level.
3. Real estate signs, including signs advertising the sale or rental of premises,
are permitted provided the area on one side of any such signs shall not
exceed six (6) square feet.
4. Temporary signs of contractors, architects, mechanics, special events and
artisans are permitted, provided that such signs shall be removed promptly
upon completion of the work and further provided that such signs shall not
exceed thirty-two (32) square feet in area.
b) Portable Signs.
502.58-9
ORDINANCE 502 – ZONING ORDINANCE
1. Definition. A portable sign is one that is movable from one location to
another and is not permanently affixed to the ground, sales display device,
or structure.
2. Permit Required. A business seeking to use or display a portable sign
shall obtain a permit from the City for the period of display. Permits will
specify the length of time the sign will be displayed, location of the sign,
and business applying to use the sign.
3. Length of Use. The duration of time a portable sign can be located on a
property is limited to a maximum of forty (40) days in any one calendar
year.
4. Size. A portable sign shall not exceed 50 square feet which accounts for
all letters, numbers and attachments; excluding material required to
support the sign.
c) Business or Commercial Signs
1. Signs shall have a surface area not exceeding one hundred (100) square
feet per sign with an aggregate total not to exceed two hundred (200)
square feet if double faced.
2. Such sign except a directional sign, is erected only on the premises on
which the use, to which the sign relates, is conducted.
3. Notwithstanding the above, where two or more separate and individual
commercial operations are conducting business in separate areas of a
single building or structure, in which each operation owns or leases
separate and individual premises, but share in the use and maintenance of
common areas within or around the structure, then and in those
circumstances, each individual business operation may be permitted to
display an individual business sign as provided in subdivisions a) and b),
except that said sign must be directly attached to that particular premises
actually occupied by the business operation to which the sign relates. In
addition to these individual business signs, the combination of business
operations occupying the structure, may maintain a 50 square foot sign
detached from the structure identifying the structure, the individual
business operations located therein, or other reference to the combination
of business operations located within the structure. For purposes of this
subdivision, a combination of two or more business operations within a
single structure includes, but is not limited to, shopping centers, shopping
malls, and subdivided retail, office or industrial buildings offered for lease
or condominium ownership.
502.58-10
ORDINANCE 502 – ZONING ORDINANCE
4. All freestanding Business Signs shall be landscaped around the base.
Except for monument signs, the surface area of the base of any Business
Sign shall not exceed 25% of the face area unless structural engineering
illustrates the face cannot meet the wind loading requirement of the
Building Code.
5.The maximum height of a Business Sign shall be subject to height
requirements in Ordinance 502.11.
502.58, Subd. 11c amended by adding 4. and 5. on 4/2005 (*section subsequently renumbered)
502.58, Subd. 11c-5, amended 3/2015.
d) Advertising or pylon signs shall not be permitted.
e) Sign Removal. All signs not maintained and kept in good repair shall be subject
to removal upon direction of the City Building Inspector.
Subd. 12: Regulation of Activities Adjacent to Wetlands.
a) The following activity shall be subject to a 50 foot setback from wetlands:
The construction or maintenance of a building attached to a foundation,
including but not limited to, pole buildings. For purposes of this
paragraph, pump houses, moveable storage sheds, recreational docks and
storm water or erosion control devices shall not be considered buildings.
b) The following activity shall be subject to a 75 foot setback from wetlands:
The construction or maintenance of paved driveways or areas designed for
the parking of a vehicle or trailer.
c) The following activities shall be subject to a 100 foot setback from
wetlands:
1. The construction or maintenance of a well used for agricultural
irrigation, or any well less than 50 feet in depth.
2. External storage of materials used in conjunction with industrial or
commercial processing or manufacturing.
3. The storage of waste or refuse generated by industrial or
commercial activities.
4. The construction or maintenance of a septic system.
Updated 11/2013
502.58-11
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
ORDINANCE 502 – ZONING ORDINANCE
Section 502.66: PUBLIC DISTRICT
Subd. 1: Intent. It is the intent of this district to provide ordinances governing the use
and development of property owned by the City, the County, the State of Minnesota, or any other
political subdivision. This section is intended to allow the use of such property for any public
purpose while minimizing the impact of any such public use which is incompatible with or
detrimental to the essential character of land adjoining the Public District.
Subd. 2: Permitted Uses. The property in the Public District may be used for any public
purpose.
Subd. 3: Setback Requirements.
a) Property adjacent to County State Aid Highway 75. Shall have a ten (10) foot
landscaped setback from the highway right-of-way line. Any structure shall have
a twenty (20) foot setback from the highway right-of-way.
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. 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.
d) Rear yard. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a
residential district.
Subd. 4: Height Requirements. Any portion of a structure shall not exceed 3 stories or
40 feet in height. Berming the building does not allow a building to be constructed higher than
40 feet. Elevation for the building shall be determined by the average grade of the land.
Subd. 5. Site Coverage. No roofed structure or combination of roofed structures shall
occupy more than 60 percent of the lot area. A combination of structures and nonporous
surfaces may not cover in excess of 90 percent of the lot area.
Subd. 6: Other Requirements.
a) Parking Lots. 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.
b) Loading Docks. All loading docks shall conform to the standards set forth in
Section 502.10. No loading docks or overhead doors shall directly face County
State Aid Highway 75.
502.66-1