HomeMy WebLinkAbout[08c] Ordinance Updates Council Agenda Item 8c
urry 01 S-ri
MEETING DATE: April 18, 2016
AGENDA ITEM: Ordinance Updates
SUBMITTED BY: Administration/Police
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: The City staff has been working on Ordinance Amendments for
both the Planning Commission and City Council. Those that are not land use matters typically have come
to the Council for review and approval. Since they are not land use, a public hearing is not required. If
they are approved they become effective upon publication.
The Ordinances included for review are:
Water—the revisions reflect the current practice and clearly identify who is responsible when
deficiencies occur. What is being proposed is how it has been enforced.
Confectioners/Food Truck(New)—We have received some requests for food truck such as the
Ice Cream Truck and Lily's Wings. We have previously licensed them through the peddler
provision but it is not the correct permit. The proposed Ordinance is similar to that of the area
cities that have such an Ordinance. The fee being proposed is S 80 per calendar year, the same as
the area cities. Approving this Ordinance would also require approval to amend the Fee
Schedule.
Unreasonable Acceleration—This amendment has been requested by the Police Chief and
relates to a recent case that was lost in court. Our Ordinance was specific as to what was
considered unreasonable and the matter that brought this to light was not included in the list,
therefore the case was lost. The proposed amendment includes less descriptive language giving
the police officers discretion.
Bicycle/Roller Blading—This amendment has been requested by the Police Chief and addresses
the concerns of bicycling in the downtown area on sidewalks where the space is limited. The
current ordinance did not allow skateboarders or roller skates in the downtown district on the
sidewalks. This has been a safety issue.
R5—Supportive Care District(New)—This is a zoning district that staff is proposing. When
we started meeting with the developer for the Country Manor project it was discovered that the
use did not fit any of our current zoning district. In researching the surrounding communities a
draft Ordinance has been prepared. The draft Ordinance combines the City R4 regulations along
with a medical type facility. The Council is not being asked to approve this Ordinance; rather
have an option to review for comments.
ATTACHMENTS: Request for Council Action
Draft Water Ordinance Amendment
Draft Confectioners/Food Truck Amendment(New)
Draft Unreasonable Acceleration Amendment
Draft Bicycle/Roller Blade Amendment
Draft R5 Supportive Care District(New)
REQUESTED COUNCIL ACTION: If the Council is ready to approve any of the amendments, one
motion can be made to approve those which you are ready to approve and then a separate motion would
be needed approving summary publication.
CHAPTER IV-WATER & SEWER
ORDINANCE 401 MUNICIPAL WATER SYSTEM.......................................................1401---1
Section 401.01: APPLICATION FOR SERVICE......................................................1
404-4
Section 401.02: WATER HOOK-UP CHARGE (Repealed) ......................................1441--1
Section 401.03: METER INSTALLATION...............................................................1401---1
Section 401.04: SERVICE TO BE METERED..........................................................1
404-4
Section 401.05: SEPARATE CONNECTIONS.........................................................1401---1
Section 401.06: COST OF INSTALLATION............................................................2
404-2
Section 401.07: METERS..........................................................................................2
404-2
Section 401.08: USE OF SERVICE WITHOUT AUTHORITY2404-2
Section 401.09: LJSE OF MLJNICIPAL WATER SYSTEM 401-2
Section 401.0910: FAILURE OF SERVICE..............................................................2
404-2
Section 401.4-011: CONSENT TO REGULATIONS .................................................2
441-2
Section 401.4412: DISCONTINUOUS OF SERVICE...............................................2
404-2
3 Section 401.13: WATER
CONNECT'IONS.................................................................................................................3
Section 401.4-314: SERVICE PIPES..........................................................................3
404-2
Section 401.15: MAINTENANCE OF SERVICE LINES 401-3
Section 401.16: REPAIR OF LEAKS 401-3
Section 401.4-417: WATERWORKS BRASS ............................................................3401--2
Section 401.1-518: WATER SYSTEM CHECK VALVES3404-4
Section 401.4-619: USE OF WATER DURING FIRE................................................3401--3
4 Section 401.20: CONTROL BY
COUNCIL............................................................... .........................................................4
� 'e 4€�1-1B R INK NS 4 Section 401.21: SPRINKLING BANS
...4
.....................................4 Section 401.22: PENALTIES
4
401-0
CHAPTER IV—WATER & SEWER
ORDINANCE 401 MUNICIPAL WATER SYSTEM
Section 401.01: APPLICATION FOR SERVICE. Any person desiring a connection
with the water system of the City shall apply therefore to the City Clerk/Administrator.
Application shall state exact description of the property to be served, the use to which the water
is to be put, and the estimated maximum amount of water to be used per month. At the same
time, the applicant shall pay to the Clerk/Administrator a permit fee and inspection fee to the
Clerk/Administrator as may be established and modified by Council resolution. The applicant
shall also pay to the Clerk/Administrator the sum set by the City Council to cover the expense of
making the connection between the main and the-curb box app4efflWs-pipeaed"re. All
these payments except the permit fee shall be refunded to the applicant if the application is
refused. No connection shall be allowed between December 1 and April 1 except by specific
order of the Council under terms and conditions established by the Council.
Section 401.02: WATER HOOK-UP CHARGE(Repealed). Repealed on 9/9/04 and
replaced with Ordinance 404.
Section 401.03: METER INSTALLATION. The Maintenance Superintendent shall upon
receipt of the application, examine the premises therein described and if satisfied that the
premises are entitled to water service, and that the connection with the City system will not be
dangerous to persons or property, shall issue a water meter to the applicant, provided that no
connection shall be made unless the property where the service is desired abuts on a street or
alley or lies within one half block of a street or intersection where there is already installed a
main from which water service desired may be secured.
Section 401.04: SERVICE TO BE METERED. All water furnished by the City system
shall be measured by meters furnished by the City for that purpose. The water meter shall
fem9n-be the property of the �-owncr and shall be maintained by the C4yowncr, except that if
the meter is damaged by freezing or hot water back up, the property owner shall pay the City for
damage to the meter.
Section 401.05: SEPARATE CONNECTIONS. Unless the City Council approves the
use of a common service connection, each premise shall have a separate and distinct service
connection to the City main. Said connection shall include a corporation stop at the main and a
curb stop located as directed by the Superintendent of Public Works. Where the City Council
approves the use of a common service connection, each branch shall have its own curb stop
located as directed by the Superintendent of Public Works, and its own meter. Additional costs
incurred due to the installation of an approved common service connection shall be borne by the
applicant.
401-1
CHAPTER IV—WATER & SEWER
Section 401.06: COST OF INSTALLATION. The cost of the original installation of
plumbing between the curb stop and the building and any service to devices maintained by the
customer and all extensions thereafter,made -s- lure-as well as all repairs to the same,
shall be borne entirely by the consumer, although such plumbing and devices as well as the
meter shall at all reasonable times be subject to inspection through authorized City authority.
Any repairs found to be necessary by City authorities shall be made promptly by the customer or
the City shall discontinue service.
Section 401.07: METERS. Every consumer shall provide a suitable place where the
meter can be installed and the City shall install and maintain the meter. At any time the
consumer desires to have the meter tested for accuracy, this shall be done by the City and the fee
as established and modified by council resolution charged to the consumer if the meter registers
98 per cent or more accurate. If the meter registers less than 98 per cent accurate, it shall be
replaced and repaired before installation of another service and no testing fee charged.
Section 401.08: USE OF SERVICE WITHOUT AUTHORITY. It shall be unlawful for
any person to use water from any premise without the consent of the owner. No person except
an authorized representative of the City shall operate curb stops, valves, hydrants, or other water
system appurtenances unless approval has been obtained from an authorized representative of the
City.
Section 401.09: USE OF MUNICIPAL WATER SYSTEM. The owner of any buildil2g or
property which is located withil2 the City, or i12 any area under the jurisdiction of the City, and
from which water is discharged shall be re-quired to connect to a public water system at the
owner's expense withil2 niet (90 ys after service of official notice to do so, rovided that city
water is reonsecutive calendar days exclusive
of the days between Nove,�ber 1 and May 1 . Additionally if the buildil2g crr prosyis used
for human occupancy, e,�ploy,�ent or recreation the owner shall be required to install at the
sage time toilet facilities in accordance with the Minnesota F3uilding Code and other ordinances
of the City.
Section 401.0910: FAILURE OF SERVICE. No claim shall be made against the City
for losses of any kind resulting from failure of water service.
Section 401. 11: CONSENT TO REGULATIONS. Every person applying for water
service from the City system, and every owner of property for which such application is made,
shall be deemed by such application to consent to all the rules, regulations and rates contained in
the ordinances of the City, and to all modifications thereof and all new rules, regulations and
rates duly adopted by City Council resolution.
Section 401.4412: DISCONTINUOUS OF SERVICE. The City reserves the right to
discontinue service of any or all customers of the water system without notice, when necessary
for repairs, or for non payment of bills, or for disregard of rules and regulations affecting water
service. When service has been disconnected for non payment of bills or for disregard of
401-2
CHAPTER IV-WATER & SEWER
regulation, it shall not be resumed except upon payment of the bills together with a penalty of 10
per cent of the amount of the bill and full compliance with the regulation.
Section 401.4-213: WATER CONNECTIONS. All connections to the City main
including the tap, and installation of the corporation stop, the service line to the curb stop, and
the curb stop shall be made y-the—ty Imes-or-by a contractor approved by the City.
Section 401.4-314: SERVICE PIPES. All service pipes connected to the City water
system shall be of materials approved by the Superintendent of Public Works. Service pipes
shall be installed in accordance with specifications approved by the City.
Section 401.15: MAINTENANCE OF SERVICE LINES. The owner shall bear the entire
cost of all maintenance and repairs of the building sewer and water service lines from the gain to
the buildil2g. This shall il2clude the cost of the street and boulevard restoration.
Section 401.16: REPAIR OF LEAKS.
a. Responsibility of Owner: T'he owner shall be responsible for rnajntai12i12g the service
pipe frog the water,�ai12 il2cludil2g the corporation stop curb stop and box i12to the
building served.
b. Failure to Repair: If the owner fails to repair any leak i12 such service pipe within
twent four n24�hours after notice by the City, the City may turn the water off. The
water shall not be turned on again until the sum as established by Council resolution
has beenpaid to the Cites
c. Waste of Water Da,�age: When the waste of water is great or da,�age is likely to
result from g 0f
notice if repair is not co,�,�enced i,�,�ediatel�
Section 401.4-417: WATERWORKS BRASS. All service pipes connected to the City
water system 2" or less in diameter shall be fitted with a corporation stop, a curb stop and box,
and such valves and drains as the City may require at the meter location. Service pipes larger
than 2" shall be fitted with an approved valve. All waterworks brass and other materials shall be
in accordance with City specifications.
Installation of brass and appurtenances shall be in accordance with City specifications,
and the location of the curb stop shall be subject to the approval of the Superintendent of Public
Works.
Section 401.4-518: WATER SYSTEM CHECK VALVES. Check valves shall be
required on all water connections to steam boilers. Safety and relief valves shall be placed on all
boilers or other steam apparatus connected with the water system where the steam pressure may
be raised in excess of 50 pounds per square inch.
Section 401. 19: USE OF WATER DURING FIRE. It is herein declared to be unlawful
for any person in the City or any person owning or occupying premises connected to the City
401-3
CHAPTER IV—WATER & SEWER
water system to use or allow being used during a fire any water from the water systems except
for purposes of extinguishing the fire. Upon the sounding of the fire alarm, it shall be the duty of
every person to see that all water services are tightly closed and that no water is used except for
necessary household purposes during the fire.
Section 401. 20: CONTROL BY COUNCIL. The City Council shall have complete
control of the City water system and make regulations and rates in its judgment it deems proper.
Section 401.1821: SPRINKLING BANS. During the months of May through
September, use of the municipal water supply for lawn and garden sprinkling shall be restricted
in the following manner:
a) Properties having a street address ending with an even number may sprinkle
lawns and gardens on an even numbered day only.
b) Properties having a street address ending with an odd number may sprinkle lawns
and gardens on an odd numbered day only.
The City reserves the right to totally prohibit the use of the municipal water supply for
sprinkling as deemed necessary by the City Maintenance Director to protect the City's water
supply. A sprinkling ban of this type shall be published by local radio. Residents shall comply
with the terms and conditions of the sprinkling ban. The ban shall be enforced by the police
department. Violators shall receive one warning which will be documented. Any further
violation within five months of a warning shall constitute a petty misdemeanor.
Section 401. 22: PENALTIES. Any person violating any regulation of this ordinance
shall be guilty of a misdemeanor, unless otherwise provided in this ordinance.
Updated 6/2003—Sections 401.2&401.18
Repealed and Amended Section 401.2 on 9/9/04
401-4
CHAPTER VI—GENERAL REGULATIONS
ORDINANCE 615 PORTABLE CONFECTIONERY STORES AND MOBILE FOOD
VENDORS ............................................................................................................615- 1
Section 615.01: DEFINITIONS.................................................................................. 615-1
Section 615.02: PERMIT AND LICENSES REQUIRED........................................... 615-1
Section 615.03: APPLICATION FOR PERMIT......................................................... 615-1
Section 615.04: PERMIT FEES; TRANSFERABILITY............................................. 615-2
Section 615.05: TERM OF PERMIT.......................................................................... 615-2
Section 615.06: INSURANCE.................................................................................... 615-2
Section 615.07: SOUND DEVICES ........................................................................... 615-2
Section 615.08: SALES WHILE IN MOTION........................................................... 615-3
Section 615.09: FOOD TRUCK OR MOBILE FOOD VENDOR OPERATIONS...... 615-3
Section 615.10: FOOD TRUCK OR MOBILE FOOD VENDOR LOCATION.......... 615-3
615-0
CHAPTER VI—GENERAL REGULATIONS
ORDINANCE 615 PORTABLE CONFECTIONERY STORES AND MOBILE FOOD
VENDORS
Section 615.01: DEFINITIONS. For the purposes of this ordinance, the following words
and phrases shall have these designated meanings:
Subd. 1: Confectionary. A "confectionery food product"is defined as but not limited to,
ice milk, ice cream, candy and popcorn.
Subd. 2: Portable Confectionary Store. A vehicle, regardless of the manner in which it is
propelled, for transporting prepackaged confectionery food products, in the vehicle, for the
purpose of selling such food products form such vehicle.
Subd. 3: Food Truck or Mobile Food Vendor. A vehicle who prepares and sells food
from a properly licensed vehicle eligible to operate on private property for a specified period of
time.
Section 615.02: PERMIT AND LICENSES REQUIRED.
Subd. 1. Permit Required. No person shall use, conduct or operate in the City a portable
confectionery store or mobile food vendor or food truck without having obtained a permit from
the City.
Subd. 2. Exemption. This Chapter shall not apply to those motor vehicles used
exclusively for the regular delivery of fluid milk and related dairy products to homes. This
chapter shall also not apply to temporary food truck or portable confectionery stores for specific
community events.
Section 615.03: APPLICATION FOR PERMIT.
Subd. 1. Form. An application for a permit shall be submitted to the City on forms
prepared by the City.
Subd. 2. Required Information: The applicant shall file with the application such
information as will clearly establish the times and the places where the applicant desires to
operate such portable stores or mobile food vendors/food truck; shall describe the physical
characteristics of such portable stores or mobile food vendors/food truck; shall describe the
wares to be sold and any other information the City may require.
615-1
CHAPTER VI—GENERAL REGULATIONS
Subd. 3. Submission: Each application for a permit required hereunder shall be submitted
to the City.
Subd. 4. Each mobile food vendors/food truck shall not receive a permit under this
section who has not first received a license from the State and/or County Health Department
authorizing such food preparation and sales. Any conditions of the State Health Department shall
be incorporated into the license issued under this Section, in addition to any other conditions
imposed by the City of St. Joseph.
Subd. 5. Issuance: Permits shall not be issued if the administration finds that the health,
welfare or safety of the public will be endangered by the operation of a portable confectionery
store or mobile food vendors/food truck.
Subd. 6. Each vehicle shall have current license plates, pass any required DOT
inspections and contain a current certified fire extinguisher as required.
Section 615.04: PERMIT FEES; TRANSFERABILITY.
Subd. 1. Fee. The fee for each permit shall be established by Council resolution and:
a. There shall be no prorating or refunding of permit fees, nor shall a permit be
transferable.
b. A separate permit shall be required of each portable confectionery store or mobile
food vendors/food truck regardless of ownership.
Section 615.05: TERM OF PERMIT. All permits issued hereunder shall expire January
1 of each year.
Section 615.06: INSURANCE.
Subd.1. Liability Insurance Required: The applicant shall carry a general policy of
liability insurance in which the City is named coinsured which shall provide a limit of coverage
of not less than three hundred thousand dollars/one hundred thousand dollars
($300,000.00/$100,000.00) for bodily injury and twenty five thousand dollars ($25,000.00) for
property damage.
Subd. 2. Notice of Cancellation: The insurance policy required by this Section shall
further provide that no cancellation of said insurance policy, for any cause, may be made by the
insured or the insurance company without first giving thirty (30) days' notice to the City, in
writing, of the intention to cancel. Such notice shall be addressed to the City by registered mail
or shall be delivered to the City personally.
Section 615.07: SOUND DEVICES. No person operating a portable confectionery store
shall shout, make any cryout, blow a horn, ring a bell or use any sound device, including any
loud speaking radio or sound amplifying system upon any of the streets, alleys, parks or other
615-2
CHAPTER VI—GENERAL REGULATIONS
public places of the City or upon any private premises in the City where sound of sufficient
volume is emitted or produced therefrom to be capable of being plainly heard upon the streets,
avenues, alleys, parks or public places, for the purpose of attracting attention to any goods, wares
or merchandise which such permittee proposes to sell, unless prior approval with conditions are
received from the City Administrator.
Section 615.08: SALES WHILE IN MOTION. At no time shall any sales be made from
a portable confectionery store or food truck while it is in motion.
Section 615.09: FOOD TRUCK OR MOBILE FOOD VENDOR OPERATIONS.
No external signage, other than such signage directly attached to the vehicle, may be utilized.
Subd. 1. No external seating may be utilized.
Subd. 2. No other equipment may be utilized that is not fully contained within the
vehicle.
Subd. 3. Any generator in use must be self-contained and fully screened from view.
Subd. 4. Operations shall be limited to the number of days indicated on the applicant's
State License.
Subd. 5. Applicant shall provide waste disposal for litter and garbage generated by the
operation of the Food Truck or Vehicle, and shall clean all such litter and garbage before moving
from the location.
Subd. 6. The Food Truck or Vehicle shall obey the orders of any traffic control officer,
peace officer, or inspector, and shall be open to inspection during all open hours.
Subd. 7. Vehicle size shall not exceed ten (10) feet in height, nor twenty five (25) feet in
length.
Subd. 8. Hours of operation shall occur from 7:00 AM and 11:00 PM
Subd. 9. There shall be no overnight parking of food trucks on public right of way.
Section 615.10: FOOD TRUCK OR MOBILE FOOD VENDOR LOCATION.
Subd. 1. Properly licensed Food Truck or Mobile Food Vendor may operate on eligible
public streets when occupying no more than two parallel parking spaces.
Subd. 2. In no cases, may a Food Truck or Vehicle operate in a traffic lane, on a
sidewalk, or in any location, which causes an obstruction to traffic.
615-3
CHAPTER VI—GENERAL REGULATIONS
Subd. 3. No Food Truck or Vehicle may operate on a public street within fifty (50) feet of
the intersection of two streets or within thirty (30) feet of the intersection of a public street and
private driveway opening.
Subd. 4. A Food Truck or Vehicle may operate within a parking lot with written
permission of the property owner/s or owner's authorized representative.
Subd. 5. No food truck shall operate within 50 feet of an existing restaurant located
within the city.
Subd. 6. The City Council may approve other locations on a temporary basis.
Created 4/2016
615-4
CHAPTER VIII & IX—TRAFFIC & MOTOR VEHICLES
ORDINANCE 806 UNREASONABLE ACCELERATION AND BRAKING................... 806-1
Section 806.01: DELAP ED-A--NUISA-N-CEEXHIBIT'ION DRIVING PROHIBITED 806-
1
......................................
..............
86-1
Section 806.0-302: PENALTY .................................................................................... 806-1
806-0
CHAPTER VIII & IX-TRAFFIC & MOTOR VEHICLES
ORDINANCE 806 UNREASONABLE ACCELERATION AND BRAKING
Section 806.01: EXHIBITION DRIVING PROHIBITED. No person shall turn,
accelerate decelerate or otherwise operate a Motor vehicle wilt the city i12 a banner which
causes un backfire, uealii Ly tires skidd117g,---slidiiig,,swa iii )-,
reasonable squealiiig or
screechil2g sounds el�itted by tires or the urueasonable throwil2g of sand gravel by the tires is
t�rh�a facie evidence of a violation of this section.D� ��T�
bfal6iagof-an"-n&tefvcnail�oirzair�'1're�vlic li4g�-,
f&adway-,4fea-,er--al�, '�k,-pub4
t(�&pub4e-*Lj7i, *4e4-.
er-ms4ia-,,e4hes-e
mean�ng-s--
Sub
a----- � ian-e-mefgeney-and-is-done-+n-sdeh-a-ma*nef
se-as-�w,e , ealing-ef
Sub
Section 806.0-302: PENALTY. Any person violating any provisions of this ordinance
shall be guilty of a petty misdemeanor.
806-1
CHAPTER VIII & IX—TRAFFIC & MOTOR VEHICLES
ORDINANCE 809 BICYCLES, ROLLER SKATES AND SKATEBOARDS
Section 809.01: DEFINITIONS. For purposes of this Ordinance, the following terms
shall be defined in this manner:
Subd. l: Bicycle. As defined in Minn. Stat. §169.01, Subd. 51.
Subd. 2: Roller Skates. Are defined as a boot or shoe having wheels attached which
enable the wearer to propel him or herself with a skating motion. This definition shall
specifically include, but is not limited to, in-line roller skates.
Subd. 3: Skateboard. Is defined as a rider propelled footboard mounted over small
wheels upon which a rider may sit or stand.
Subd. 4: Restricted Area. Shall include the following streets and the sidewalks adjacent
thereto:
a) College Avenue between Birch Street and the alley immediately south of
Minnesota Street.
b) Minnesota Street between Second Avenue West and First Street East.
C) First and Second Avenues NW lying south of Ash Street.
d) Ash Street between College Avenue and Second Avenue NW.
Section 809.02: PROHIBITED ACTIVITIES. No person shall engage in the following
activities:
Sul d—1 Ride— n 7 k� 7 ea � 1�n 4h� , do ��4 t
Ee,y'-�,«vii-ci�3z�vdaaz �ezac�ix-iii-ci�r"rvrc.l=szcr�vy-ivrarirresvtca
&tf 't�cis-�nrcg��d ssrres-a rs--s�z-�v &� ,s�
Subd. 21: Travel on roller skates in or on any street within the restricted area except for
purposes of crossing a street, at which time the crossing shall be made at a right angle to the
street at an intersection or designated crosswalk in accordance with the laws governing a
pedestrian.
Subd. 32: Ride a skateboard or bico cele on any street or sidewalk within the restricted
area.
809-1
Section 502.43: R-5 SUPPORTIVE CARE DISTRICT
Subd. 1: Intent. The Supportive Care District is intended to provide continuing housing
from independent to full care and for high quality mixed use development, including medium
and high density residential, such as patio homes, townhomes, and other senior multi-family
housing and limited commercial uses, such offices, retail, and dining.
Subd. 2: Permitted Uses.
a) Patio homes, twin home or two family dwellings for seniors age 55 and older.
b) Townhomes for seniors age 55 and older. Each unit must have a separate entrance
to front and rear yards. Units may be clustered but no more than six (6) units
connected in a cluster.
C) Multiple-family dwelling structures for seniors age 55 or older.
b) Parks and playgrounds.
d) Hospitals, extended care centers, nursing homes, group care centers or assisted
living centers.
Subd. 3: Permitted Accessory Uses.
a) Any combination of the following provided all accessory uses combined do not
exceed 25% of the aggregate square footage of the principal structure: barber and
beauty shops;places of worship, book stores, gift shops, banks, insurance offices,
bakeries, candy, ice cream, coffee, and delicatessen shops, restaurants, grocer,
convenient and drug stores, indoor health clubs and recreation facilities, and state
licensed day care facility.
b) Private garages, parking spaces for passenger cars, trucks, recreational vehicles
and equipment. Private garages shall meet the requirements of Section 502.12
Subd. 1, except that the total floor area of private garages shall be allowed up to
300 square feet per unit. 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.
C) Home occupations per Section 502.16.
e) 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.
f) Residential communal facilities such as laundry, recreation buildings, and
residential leasing office.
g) Fences in compliance with Ordinance 506-Fence Ordinance.
Subd. 4: Lot Area Requirements for Patio Homes, Townhomes and Twin Homes.
Land Use Minimum Lot Minimum Lot Minimum Lot
Area Width Depth
a) Detached Patio
Home 6,000 SF 60' 100'
b) Townhome 12,000 SF 75' 120'
C) Two Family and
Attached Patio Home 10,000 SF 75' 125'
d) 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.
d) Total building coverage shall not occupy more than 35% of the lot. Impervious
surfaces shall not exceed 50% of the lot area. Impervious surfaces shall include
all structures, parking spaces, patios, and driveways.
Subd. 6: Lot Area Requirements for Multiple-Family Structures, excluding patio homes,
townhomes and twin homes.
a) Minimum lot area shall be 12,000 square feet.
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.
C) Total building coverage shall not occupy more than 35% of the lot. Impervious
surfaces shall not exceed 50% of the lot area. Impervious surfaces shall include
all structures, parking spaces, patios, and driveways.
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.
Subd. 6: Setback Requirements. Except for setbacks along the common property for
attached dwellings, all other setbacks shall be met.
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) Two-Family 30' 10' 30' 20'
e) All other uses 35' 20' 30' 40'
f) In the event that a multi-family structure greater than six (6) units and/or thirty-five
(35) feet high and/or commercial use abuts a lower density residential use, all principal
structures shall be setback 50 feet from the property line and all detached structures shall
be setback 30 feet from the property line.
Subd. 7: Height Requirements.
a) Patio Home, Two-Family Home, Twin Home, Townhome: 35 feet
b) All other uses: 3 stories, 40 feet
Subd. 8: 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.
Subd. 9: Yard Cover. Every yard on a premise on which a dwelling stands shall be
provided with lawn or combined lawn cover of vegetation, gardens, hedges, shrubbery, and
related decorative materials and such yards shall be maintained consistent with prevailing
community standards. Motor vehicles may not be left parked or unattended on or within a yard.
Grass shall be maintained so not to exceed a height of 6 inches.
Subd. 10: Building Requirements.
a) 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.
b) Each patio home shall have a two-car garage. The garage space shall not be
eliminated by enclosing the garage with a stationary wall.
This page intentionally left blank