HomeMy WebLinkAbout[05c] Ordinance 502.12 General Performance [Stricken]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.
1a) In all residential districts detached accessory buildings shall be located in the rear
yard.
2b) All accessory buildings which are greater than fifty (50) square feet, but less than
one-hundred-twenty (120) and up to two hundred (200) square feet shall require a
zoning permit and shall comply with all yard requirements applicable to the
principal building, excluding setback requirements, in the District. The Zoning
Permit Fee shall be established and amended from time to time by resolution of
the City Council.
3c) Accessory building greater than one-hundred-twenty (120) two hundred (200)
square feet shall require a building permit and shall comply with all yard
requirements applicable to the principal building in the District, excluding setback
requirements.
4d) Accessory buildings which do not require a building permit shall meet all
accessory building setback in the zoning district for which it is locatednot 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.
5e) 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
bf) 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.
cg) 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.
dh) In business and manufacturing districts, accessory buildings and uses may occupy
any of the ground area which the principal building is permitted to occupy.
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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.
ei) 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.
fj) The same or similar quality exterior building materiel shall be used on the
accessory building and the principal building.
gk) Accessory buildings other than garages shall be limited to ten (10) feet in height
in all single and two family and townhouse unit lots.
hl) Detached garage sidewalls shall not exceed ten feet and the pitch shall be no
greater than that of the principal structure.
im) 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: Carport. A shelter for a vehicle consisting of a roof built out from the side of a
building and supported by a wall, with a minimum of two open sides.
a)The structure shall meet the Minnesota Building Code and City Ordinances for
accessory buildings.
b)Post frame construction is prohibited.
c)Structural wall must be set on footings.
d)The parking pad shall consist of a durable and dust free surface consisting of
concrete, asphalt, paving stones, or similar material.
e)The structure shall meet the side and rear yard setbacks for the zoning district for
which the carport is located.
f)The carport area shall be included in the maximum allowed accessory area per lot
for the zoning district for which the carport is located.
Subd. 23: Fencing. See Ordinance 506.00, Fence Ordinance which applies to the
construction and maintenance of all walls, fences, to include living fences.
Subd. 5: Swimming Pools, Spas, Hot Tubs
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a)The swimming pool, spa or hot tub shall meet all required setbacks for the zoning
district for which they are located.
b)The swimming pools or yard around the pool shall be enclosed by a wall, fence or
combination thereof which is at least \[6\] feet in height with a self-closing gate
capable of being secured with a lock so as to prevent uncontrolled access. All
points of access shall be made lockable.
c)For in-ground pools, required fencing shall be of durable material and shall be so
designed as to discourage climbing.
d)For above ground pools, pools sides that are vertical or slanted outward may
contribute to the required fencing, provided all points of access are controlled,
including the removal of all ladders or stairs when the pool is not in use.
e)Temporary pools do not require safety fencing.
f)All out door spas and hot tubs require safety covers; therefore safety fencing is
not required.
Subd. 34: 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.
Subd. 45: 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
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ORDINANCE 502 – ZONING ORDINANCE
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.
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.
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ORDINANCE 502 – ZONING ORDINANCE
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. 56: 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.
Subd. 67: Independent Sewage Treatment System Provisions.
a) Once available, all sewage and water facilities shall be connected to the
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ORDINANCE 502 – ZONING ORDINANCE
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.
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
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ORDINANCE 502 – ZONING ORDINANCE
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. 78: 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. 89: 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. 910: 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.
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 #550 governing
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ORDINANCE 502 – ZONING ORDINANCE
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. 1011: 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
C. Construction and landscaping material currently being used on the
premises.
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ORDINANCE 502 – ZONING ORDINANCE
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/ClerkZoning
Administrator.
3. If abutting a Residential District, or a residential use, screening and
landscaping is provided according to a plan approved by the City
Administrator/ClerkZoning Administrator.
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,
immediately assume title to and liability for solid waste materials, recyclables,
and demolition debris.
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 11 Development/Site Plan Review. All site and building plans for multiple family
residential, commercial, industrial or public/semi-public uses shall require review and approval
by Community Development Department.
a)Applications and Submittal Requirements: Applications for site and building
review shall be filed with the Zoning Administrator and shall be accompanied by
the appropriate fee and the following submittal information:
1.Proof of title and contract/purchase agreement and property owner signature
on the application form when applicable.
2.Three (3) large scale copies four (4) reduced (11”x17”) copies of detailed
written materials, plans and specifications and one electronic copy.
3.Site Plan depicting the following:
a)Name of project or development.
b)Name and address of developer and/or owner and
engineer/architect/designer.
c)Scale (engineering only) at not less than one (1) inch equals one hundred
feet.
d)North point indication.
e)Existing boundaries with lot dimension and lot area.
f)Existing buildings, structures and improvements.
g) Easements of record.
h)Delineated wetland boundary, to include the OHWL of any lakes or DNR
waters.
i)All encroachments.
j)Legal description.
k)Location, setback and dimensions of all proposed buildings and structures.
l)Location of all adjacent buildings and structures within one hundred (100)
feet of the exterior boundaries of the subject property.
m)Location, number, dimensions of all proposed parking stalls, loading
areas, fire lane, drive aisles, with curbing shown.
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ORDINANCE 502 – ZONING ORDINANCE
n)Location, width and setbacks of all proposed street accesses and
driveways and existing accesses within 100 feet of the property.
o)Location, width and setbacks of all proposed sidewalks, walkways and
trails.
p)Location and type of all proposed lighting, including fixture details.
q)Provisions for storage and disposal of waste, garbage and recyclables,
including details for enclosing and screening exterior containers.
r)Calculations for impervious/pervious surfaces.
2. Architectural Plans showing the following.
a)Date of plan preparation and dates of any subsequent revision.
b)Architectural elevations, in color, of all principal and accessory buildings
(type, and materials used in all exterior surfaces).
c) Typical floor plan and room plan drawn to scale with a summary of square
footage by use or activity.
3) Grading Plan depicting the following:
a) Existing contours at two (2) foot intervals.
b) Proposed grade elevations at two (2) foot maximum intervals.
c) Drainage plan, including the configuration of drainage areas and
calculations.
d) Spot elevations.
e) Surface water ponding and treatment areas.
f) Erosion control measures.
g) Wetland replacement plan (when applicable).
h) Soil borings.
i) Drainage calculations for 2, 10, and 100 year storm events.
j. Delineated wetland boundary, to include OHWL of any lakes or DNR
waters.
k) Date of plan preparation and dates of any subsequent revisions.
4) Screening of heating, ventilation and air-conditioning equipment.
5) Landscaping material including the location, type of plant and size.
6) Utility Plan showing the following:
1.Location of hydrants, valves and manholes, if any.
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ORDINANCE 502 – ZONING ORDINANCE
2.Location, sizing, and type of water and sewer system main and proposed
service connections, hydrants, valves, and manholes; or,
3.Location and size of proposed primary and secondary on-site treatment
systems, when allowed.
4 Storm sewer, catch basins, invert elevation, type of castings and type of
materials.
g) 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.
h) Any other fencing, screening, or building accessories to be located in the
development area.
i) 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.
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.
a) A Lock Box shall be installed on all buildings before a Certificate of Occupancy
will be issued.
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