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Home My WebLink About[08a] Zoning Ordinance Amendments 11 Planning Commission Agenda Item 8a urry()rZ S-ri MEETING DATE: June 13, 2016 AGENDA ITEM: Zoning Ordinance Amendments SUBMITTED BY: Community Development STAFF RECOMMENDATION: Motion to Recommend Approval or schedule a special meeting for further review. PREVIOUS PLANNING COMMISSION ACTION: During your last meeting on May 23rd, you held a public hearing on the proposed Zoning Ordinance Amendments. You recommended approval of an amendment to the R-4 Townhouse/Patio Home Residential Ordinance requesting a definition(s)be added to ensure that a bonus room could not be a separate living quarters with kitchen, bathroom, etc. You recommended adoption of a new R-5 Supportive Care District. Due to the volume of changes the Commission tabled the additional proposed amendments to allow more review. Staff was directed to add language in the landscaping section on maintenance and requiring topsoil as a base prior to planting BACKGROUND INFORMATION: Staff has identified amendments that may need updating due to changes related to community needs, ordinance intent and relevance. During the public hearing, Jane DeAustin with the Central MN Builder's Association(CMBA) spoke on the importance of having flexibility in the ordinance and appreciates the proposed amendments. No further public comments were received. The following highlights proposed amendments within the zoning ordinance: Rules and Definitions • Added and/or amended definitions for terms and uses that are addressed in other areas of the ordinance, such as assisted living, church, comprehensive plan, conditional use permit, conditional use, group day care home, day care group facility, home day care, fence, independent living facility, medical and dental clinic, nursing home, patio home. • Removed definitions for special use and incompatible use. Enforcement/Violations and Penalties • Added language under enforcement assigning the Community Development Director as the Zoning Administrator. Relocated language related to civil action. Variances and Appeals • Establishes the City Council as the Board of Adjustment who will make the final decision on appeals and variances after a review and recommendation by the Planning Commission. This is how it is currently done so the amended language would follow current practice. • Added language on process for an appeal. • Removed certain variance language and added new language to be clearer and concise with process. Conditional Uses, Interim Uses, Amendments and Rezonings • Removed reference to Special Use Permit and amended to Conditional Use to be consistent with State Statute. • Amended language related to process to be clearer but for all practical purposes there are no substantial changes. • Adding language on Conditions that may be required, such as limiting the height, size, or location of buildings, designating operating hours and noise level. • Added language under Interim Use related to Conditions, Compliance and Revocation, which would be consistent with a Conditional Use. • Added language requiring application for Interim Use Permit three weeks prior to the Planning Commission meeting as a public hearing and allows adequate time for review. Off-Street Parking • Added parking for several uses that were not addressed and amended others. Added a provision for proof of parking allowing an applicant to install less than requirement provided they show and reserve space if found needed. This would be reviewed and approved by the City Council. • Removed different size parking stalls and amended to 9 feet wide by 20 feet long and 9 feet wide by 18 feet if there is an overhang provided. Aisle width would be reviewed by the Fire Chief during the development/site plan review and would be based on what is required specific to that use, height, etc. Signs • Amended no sign shall project more than three feet from two feet. • Added R-5 under Multiple Family District standards. General Performance Standards • Cleaned up language to remove redundancies and to be clearer and consistent. • Added language allowing a detached accessory structure to be 20 feet from the property line versus 30 feet on a corner side yard. • Amended language requiring garages at least 10 feet from public alley right of way versus 5 feet. • Added standards for Carports. • Added fencing requirements for pools, spas and hot tubs. • Added minimum size for trees and shrubs. • Added specific number of trees and shrubs required for multiple family(apartments), industrial and commercial, except B-1 Central Business District. o Trees: One tree for every 1,250 square feet of total building floor area or for every 100 feet of site perimeter, whichever is greater. A minimum of 25% of the trees required will be coniferous. o Understory Shrubs: One understory shrub for every 450 square feet of building or one shrub for every 75 feet of site perimeter, whichever is greater. o Added language for credit for existing trees. • Added language requiring refuse in four sided enclosure constructed of brick, stone, decorative concrete material or a material compatible with the principal building for industrial, commercial, public/semi-public, and multiple family apartments. • Added language requiring double frontage lots adjacent to collector or arterials to be screened with landscaping. • Added language require screening from automobile headlights when directed onto residential windows. i.e.parking spaces. • Added requirement of landscape buffer between higher density muti-family(apartments) adjacent to lower density residential(single family, two-family). • Added requirements for planting screens providing 80% screening at maturity and standards for a screening fence. • Added berms may be used for screening provided landscaping is added and it does not exceed a 3:1 slope. • Added General Building and Performance Standards for residential dwellings. • Relocated Development/Site Plan Review from each zoning district into the General Performance Standards so it is in one area. Establishment of Districts • Added R-4 and R-5 Agriculture, R-1 Single Family, R-2 Two Family, R-3 Multiple Family, R-4 Townhouse/Patio, B-1 Central Business, B-2 Highway 75 Business, B-3 General Commercial, LI Light Industrial, and EE Educational—Ecclesiastical Districts • Changed Special Uses to Conditional Uses • Removed Signage Section since addressed in Sign Ordinance • Removed wetland regulation since addressed in Wetland Ordinance. • Removed accessory structure section since addressed in General Performance Standards Ordinance. R-3 Multiple Family Residence • Removed the requirement that more than 12 units shall be allowed pursuant to a PUD and conditional use permit. Applicant would still be required to go through the development process and meet city ordinances. • Added rear yard adjacent to a lower density residential use be a minimum of 50 feet versus 40 feet to be consistent with side yard adjacent to a lower density residential use. • Added accessory structures adjacent to a lower density residential use must be a minimum of 30 feet. B-1 Central Business District • Added building material standards, including brick, face brick, specially designed precast concrete, wood, natural or cut stone, glass, material approved by the city council after a review and recommendation by the Planning Commission. The building materials proposed are consistent with the St. Joseph Revitalization, Design Standards Report. The Planning Commission will continue to review and approve landscaping and building plans for new construction and additions. • Added roof material standards, including commercial grade asphalt shingles, wood shingles, standing seam metal, slate, the or copper. The City Council may consider green roof options that reduce stormwater runoff. B-2 Highway 75 Business, B-3 General Business District • Added roof material standards to include commercial grade asphalt shingles, wood shingles, standing seam pre-finished architectural metal, slate, the or copper. Flat roofs would be exempt from this requirement. These districts already have building wall requirements. LI Light Industrial District • Add landscaping strip of 60 feet for rear yard adjacent to residential. This would be consistent with existing language for a side yard adjacent to residential. • Added roof material standards to include commercial grade asphalt shingles, wood shingles, standing seam pre-finished architectural metal, slate, the or copper. Flat roofs would be exempt from this requirement. This district already has building wall requirements. ATTACHMENTS: Proposed Zoning Ordinance Amendments REQUESTED PLANNING COMMISSION ACTION: Motion to recommend to the City Council Approval of Amendments to the Zoning Ordinance or schedule a special meeting for further review. � � � � � �� . . I ORDINANCE 520�—ZONING ORDINANCE � Section 520.04�?A4: 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: Accessor�partment. A se�arate dwelling unit contained within an existin� sin�;le- familv structure, to be occupied b,y another individual(s) as a separate, complete housekeepin�unit with the existence of separate cookin�facilities. Subd. 2�: 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. I Subd. 3�: Accessor.�. A use naturally and normally incidental to, subordinate to, and auxiliary to the principal permitted use of the premises. I Subd. 4�: 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 co,.�;,.r �n� ,�� c„�.a �{g�-a€-this Ordinance. I Subd. 54: A11ev. A public right-of-way usually twenty feet or less in width which normally affords a secondary means of vehicular access to abutting property. I Subd. (�: 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. I Subd. 76: 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. 8: Assisted Living. A facility that provides daily assistance and lon�-term residence for disabled or elderly individuals. This includes a combination of housin�pportive services,personalized assistance and health care desi�;ned to respond to the individual needs of those who need help with activities of dailv living, such as dressin� ogr omin ,b� athin ,� � �e�.?e�s2o.��-1 I ORDINANCE 52(�—ZONING ORDINANCE I Subd. 9�: 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 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. I Subd. 1(}8: Basement/Cellar. A story having part but not more than one-half its height above the average level of the adjoining finished grade. I Subd. 1 1�1: 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. 12�A: 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. 13�: Boarding House or Rooming House. See Lodging House. � Subd. 14�: Buildin�. 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. 15�: Buildable Area. That part of the lot remaining after required yards have been provided. I Subd. 16�-4: 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. I Subd. 17-�5: Buildin� Hei�ht. 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. I Subd. 18�: 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. 19: Bonus Room. A sin�le room in a housc that is created due to open space from constructin�a garage, which can be used as a multi-purpose area, such as a family room, sewing � �A�,?84520.04-2 � ORDINANCE 520�—ZONiNG ORDINANCE I or hobb. r�n,game room, theater room, office, or den. A bonus room is not a separate dwellin�; u�1it or accessor�partme»t aild cannot include kitchen facilities. I Subd. 2(�: Carport. A structure having a roof supported by columns but not otherwise enclosed and which is permanently attached to a dwelling. Subd. 21�8: Church. A building, to�etl�er witll its accessory buildin�;s and uses, where ersc�ns re ru�, larlv assemble foi- reli�ious warship and which buildings and uses are niaii�tained and controlled by a_i-eli r�_�ous body c�r =ai� iizec� to sustaiil regular public worsllip ��-�e-�s Subd. 22�}: Clear-cuttin�. The removal of an entire stand of vegetation. Subd. 23: Cc�mprehensive Plan. The ('omprehensive Plan of the City of St. Joseph. Subd. 24: Conditional Use Permit. A permit specially and individuallv issued by the Citv Council in accordance with procedures specified in this Code and followin�review and recommendation bv the Plannin� Commission, as a flexibility device to enable the City Council to assi�n dimensions to a proposed use or conditions surrounding it after consideration of adlace»t uses and their funetions and the special problems which the proposed use presents. Subd. 25�A: Conditional Use. A use, which because of unique characteristics, cannot be classified as a pennitted use in a particular district. After duc consideration, in each case, of the impact of such upon nei =h�, borin�land and of the pub"lic desirability for the�articular use at the particular locations, a conditional use permit may be��ranted. , � , _________Subd. 26: Dav Care Home, Grou�: Any residence or portion ofa residence licensed bv the Department of Human Services under cha�ter 9502 for no more than 14 children at any one tiine, and must meet Group R, Division 3 occupancv requirements. Subd. 27: Day Care Group Facility: A�ublic or private facilitv, which for ag in or otherwise re ug larlyprovides persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a re�;ular basis fo, r periods of less than 24 hours per dav, in a place other than theperson's own ho�ne for persotls �>f school age or older. Subd. 28�: Dav Care- Home. A residence c�r portion of a residence licensed by the Department �f Human Services un�ler chapter 9502 for no more than ten children at one time of which no n�ore than six are under school a�e, and must meet Gr�u�R�Division 3 occupancy recLuirements. ^��e�l�n��ne�*� � � �a +r rt ��'';'`'"� , � ,;aoa a,,..:�,.�.,,.« ,.��t�o a.,... .:+�. � ,.�.� „ „a�*;,.�� „�a .,,t,o..� ,.�.:ia,.o� ., ui v .ao�,..o.-o� ...�� .- v� �n,�.. I Subd. 29�: 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. � �8�?�4520.(��-3 I ORDINANCE 52039�—ZONING ORDINANCE I Subd. 30�: 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. I Subd. 31�4: Dwellin�. 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. I Subd. 32�5: Dwelling, Attached. A dwelling unit which is joined to another unit or building at one or more sides by a party wall or walls. I Subd. 33�: Dwellin�, Detached. A dwelling unit which is entirely surrounded by open space on the same lot. � Subd. 34�: Dwellin�- 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. I Subd. 35�5: Dwellin�- Sin�le 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. 36�1: Dwelling- Two Family. A dwelling so designed and arranged to provide cooking and kitchen accommodations and sanitary facilities for occupancy by two families. Subd. 37: Dwelling Unit. A residential accomn�odation includin ��plete kitchen and bathi-oom facilities, which is arranged, desi�ned, used or intended for use exclusivelv as living uac� rters for one family. I Subd. 38�A: 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. 39�: 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 goup of three persons not so related but inhabiting a single house shall, for the purposes of this Ordinance,be considered to constitute one family. 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 � �9�A4520.04-4 � ORDINANCE 52039�—ZONING ORDINANCE 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. I Subd. 40�: Farm. An area which is used for the growing of the usual farm products, such as vegetables, fruit, trees, and grain and their storage. I Subd. 41�: Farmers Market. Area used for the sale of produce grown by local and regional producers. Subd. 42: Fence: Any_partition, structure, wall ur �ate erected as a dividing mark, barrier or enclosure. Subd. 43�a: Flood. A temporary rise in stream flow or stage that results in inundation of the area adjacent to the channel. � Subd. 44�3: Floodplain. The channel ar 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. ISubd. 4536: Floodwav. 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. 46�: Floar Area Ratio. The numerical value obtained through dividing the goss 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. 47�5: Fronta�e. 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. 48�-9: 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. 494A: 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. � ��A452U.�4-5 � ORDINANCE 52039�—ZONING ORDINANCE I Subd. 504-�: 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. I Subd. 514-�: 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. 524�: 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. I Subd. 5344: 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. I Subd. 5445: Hvdric Soils. Soils that are saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part. I Subd. 5546: Hvdrophytic Ve�etation. 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. I Subd. 564�: Impervious Surface. An artificial or natural surface through which water, air or roots cannot penetrate, including but not limited to buildings,parkin�spaces, drivewa ��s, sidewalks, patios, decks, porches,pools and sports courts. I Subd. 5749: Independent Livin�Facility. A residential complex containing dwellin�s where the occupancy is limited to persons who are fiftv-five (55) vears of age or older; or, if two (2)persons occupv a unit, at least one (1) must be fift -��five (55) vears or older. Such facilities mav include common areas for meals and socializing, offer minimal convenience services, but exclude institutional care such as medical or nursing care• I Subd. SH48: Institution. A building occupied by a non-profit corporation or a non-profit establishment for public use. I Subd. 5949: Intensive ve�etation clearin� The complete removal of trees or shrubs in a contiguous patch, strip, row or block. I Subd. 6(�59: 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. I Subd. 61�: Kennel. Any place where three or more dogs over six months of age are � �9i 9452U.U4-6 � ORDINANCE 52(�—ZONING ORDINANCE boarded,bred and/or offered for sale, except a veterinary clinic. Dog kennels shall be permitted only in areas specifically zoned for such use. I Subd. 623�: Land Disturbing or Development Activities. Any change of the land surface including removing vegetative cover, excavating filling, grading and the construction of any structure. ISubd. 63�-3: Lod�e. A building operated by a fraternal or veteran=s organization that is qualified as tax exempt under the Internal Revenue Code, operated for the use of inembers and guests while in the company of a member. � Subd. 64�4: Lodgin�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, far 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. I Subd. 653�: 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. I Subd. 665b: Lot Area. The square footage contained within a particular parcel of real property. I Subd. 67�: Lot, Buildable. A buildable lot is that square footage required by this zoning Ordinance for a particular zone. I Subd. 6K3S: Lot, Corner. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees. I Subd. 693�3: Lot, Covera�e. The part or percentage of the lot occupied by buildings or structures, including accessory building structures. I Subd. 70b9: Lot Depth. The mean horizontal distance between the front and rear lot lines. I Subd. 71�: Lot, Double Fronta�e. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot. � Subd. 72�: Lot Fronta�e. 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. I Subd. 73�: 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. � ��s2o.��-�-� I ORDINANCE 5?(�—ZONING ORDINANCE I Subd. 7464: 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. I Subd. 75�-5: 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. I Subd. 7(�: Manufacturin�. Combining machinery, tools, power and labor to bring material closer to a final state. ISubd. 77�: 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. 7K68: Manufacturin�—Li�. 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: odars, material/byproduct discharges, dust, glare, ash, smoke, vibration and noise beyond the lot on which the use is located. I Subd. 796i1: 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. I Subd. 8(�9: 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 far 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. 81: Medical and Dental Clinic. A structure intended for providing medical and dcntal examinations and service available to the public. This service is provided without ovcrni�;l�t care available. � 3�A��4520.04-8 I ORDINANCE 520�—ZONING ORDINANCE � Subd. 82�: 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. I Subd. ��: Motel. See Hotel. I Subd. 84�: Motor Vehicle Wreckin ,�yard, or Rec ��g 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 abandoninent. This shall not 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. I Subd. 85�4: Non-Conformin�Lot. A lot which does not comply with the minimum lot area or frontage requirements of the district in which it is located. I Subd. 86�3: 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. I Subd. 87�: 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. I Subd. 88�: Nursing Home. A licensed home to provide care for the aged or infirmed persons requiring or receivin nursin�care which includes care or treatment requirin�technical knowled�e. The term nursing home also includes convalescent home. I Subd. 89�: Office Buildin�. A building designed or used primarily for office purposes, no part of which is used for manufacturing or for dwelling. I Subd. 9U�8: Ordinar�gh 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. I Subd. 91�9: Parkin� 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 sen�icing the parking spaces. � Subd. 9259: Parkin�pace. 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 � �9i 84520.U-�-9 I ORDINANCE 52(�—ZONING ORDINANCE of a durably surfaced drive-way connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile. I Subd. �)3$�: Patio Home. A single family attached or detached unit and structure ��-�,�*�a � r�'�*;.��'�� ^" ^ ^�' ^��r^r��-*�, consisting of a one level living area with the abilit�to have a bonus room above the �ara�e. I Subd. �»: 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. I Subd. 955�: 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. I Subd. 9654: 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. I Subd. 9785: Principal Use. The main use of land or buildings as distinguished from subordinate or accessory uses. I Subd. ��BSb: 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. I Subd. 9�)S�: Public Waters. Any waters as defined in Minnesota Statutes, Section 105.37, subdivisions 14 and 15. I Subd. 1 OOS�B: 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. I Subd. I O 1 S1: Rooming House. See Lodging House. I Subd. 10239: Screenin�. The use of plant materials, fences or earthen berms to partially conceal the separate land use from the surrounding land use. I Subd. IO3�: Seini �ublic 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. � �,?94520.04-10 � ORDINANCE 520�—ZONING ORDINANCE � Subd. I 0�: 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. I Subd. 1 US�: 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. 10(�4: 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 ardinance on a river or stream whichever is geater. 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. l 07�5: Si�. 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. c�: "�^c-i-�� n , o .,i,;,.t, �.o,.,,,,�o ��,,,,:,,,,o ,.t,,,..,,,.�o..:��;,,� ,.�t�o _ � . � ,. ,.,.a,,,.,.o. ,;.i, co,.�;,.� cm n� n� I Subd. 108�: Stable. A building accommodating one or more horses. � Subd. ]09�8: Storv. 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. 1 1(}99: Storv- 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. I Subd. 1 1 1�-98: Street. All property dedicated or intended for public street, highway, freeway or road-way purposes and subject to public easements therefore. I Subd. l 12�9�-: Street—Fronta�e. 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. I Subd. I I 3�: 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. � �9z.?94520.�-�-11 I ORDINANCE 52(�—ZONING ORDINANCE I Subd. I 14�&3: 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. I Subd. 1 15�-A4: 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. I Subd. 1 16�95: 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. I Subd. 1 17�-96: Use—Accessorv. 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. c„t,a i n�, r T�o ti��S2-'b��E�i-�S-ii�EElj3Ei��r � • •;,." •+i, cvc-cc.r�v$iTrcro:rdPicn ��l.o«, � L.o�.,,,,�o;� ; „+«.,.a:..�.,.-., .,t .,,-.a;�...,,-.7.,.,� o � , o �„i.a i no. r r�o c „1 n , o;��,o,.�„i,t;,. „ .,,.o ..t,:,.t, t�o,.,,,,�o ,.�+�.o, . . � � ' � � • ��;�a�t}e��--e�c-13-c-�s�e�t�e-��aE�-e�-s�s�tse�et�u, �.,�.� „�.,,o�,,,�,;,, a � „�:,.,,i « „i , o»,... +i.o ircccrzvr�(.�ic^rrcrcm-Q�l-1$e-E}� G��E� AC-£��6�3��tkE @E' 'i^vc-oc � � Subd. 1 18-�99: Vacation. The act of relinquishing a recorded dedication or easement as in a street right-of-way, utility easement, etc. I Subd. 1 I 9�A: Variance. The waiving of specific literal provisions of the zoning ordinance in instances where their strict enforcement would cause practical difticulties�e ��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. I Subd. 12(�: Waterbodv. 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. I Subd. 121�: Watercourse. A channel or depression through which water flows, such as rivers, streams or creeks and may flow year around ar intermittently. � Subd. 122�: 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. I 23�4: 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. I 24�: 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 � �9�:94520.04-12 I ORDINANCE 52(�—ZONING ORDINANCE 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. 125�: 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. I Subd. 126�: 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. I Subd. I 27�5: 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. I Subd. 12��-�-4: 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. � 38�94520.0-1-13 � ORDINANCE 5209�—ZONING ORDINANCE I Section 52(�.05: ENFORCEMENT/VIOLATIONS AND PENALTIES Subd. 1: Enforcement. This Ordinance shall be administered bv the Zonin�; Aclministrator. The Community Developinent Direct�r and/or his/her assi�ned shall be the Zoning Administrator. The Zoning Adininistrator sl�all require that the application for a building permit and the accompanying site plan contains all of the infonnation necessary to ascertain whether the proposed buildin�coinplies with the provisions of this Ordinance. No buildin� �rinit shall be issued until the Zoning Adininistrator and/or his/her assigned has cei-tified that the proposed_buildii�or alteration complies with all ��i•ovisions of this Ordinance. e�r€e��e� +l,o !"';�.,!"',. ;1 TL.o �'';�. A,a,v, �+,-„�,.,-/�''lo.-L ��;�„+v �l,o �,F�l,.o_C`:+. ,.�'C� T„ .�L. .,+o ,.�' 0,7; �t .,1.,�., ;,],„] L...1., I Subd. 2: Violations and Penalties. Any perse�n 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. Subd. 3: Civil Action. In the event of a violatiun or threatened violation of this Ordinance, the Citv Council may direct the City Adininistrator and/or his/her assi�ed and Citv Attorney to institute appropriate action orproceedin�to �revent, restrain, correct or abate such violations or threatened violations, and it shall be the duty of the City Attorney to institute such ]ef,al action. � 52��9�.05-1 � ORDINANCE 5209�—ZONING ORDINANCE I Section 520.06�$�: VARIANCES AND APPEAI_.S ��T�TT�TTQTD ATTl1T�T Subd. 1: Board of��Adjustments. a) Established. ��-'I"he Boarci ut�Ad�ustment is hereby established as tl�e City Council and vested with such authority as is hereinafter provided, and as provided by Minnesota Statutes section 462.3�7. Subdivision G._ "'��~~'��~� ^�*'��';+�, vt,. ,.r,. t, ti -- - ,,.t�o ,.�.�.o a� ..a „� n,, �t� „a n,];,,�t,Y.,,.,+� 4'�,.,� ,�,7� ,. .-.,�o< ,;+1, �l,o;,-,- o�.+;s „��...,.� „4',.#;,.o ., ,Y.l.o �.F�l,o I'';+.,Dl., ../'�,. Tl,o!-';t�r/'�,. ;1 �t,.,ll ,.+�1,0 r'�;�.> na,,.:.,:�+,.,,+,,..irto,.i� ��t�o�,,,,,-a .,� +t,aco,,,.o..,.-.. 1,\ D a„ L'.. ,. /�1l .Y. 1. �+L.o T2.,.,,-,a ,. �;�„�o ,1 ' '�.. � v�-----ri-vEe viirvcT�-��rcno--nvccrcr-ovir9rrccrc�irq'cioTam-ccrra-cr-ziinJviir�y v� .,11 �l�o,�. ,V.l�o..� ,�F+L.,, �,,.,,-.7 ; ,�.- ., , .70..:�;.,,� �.F�l,o R�..,.-,a T�,...1.. ��er�e�s-ort�c,��er�*, � �=ate-i��e�eQ�,c r��.,,;,..,,.,� ,.��t,� vt„�,.:.,,.r,,,...,,.:��;,.� �t,,,tt t,o*t,o ri.,,;...,..,� „�+i.� n�,,,.a �„�.; ,.�.,. +�o ,.��.; n,-a; +i,o u,. ,.a „-, .,a,.�. ,..,io e� `r�t�ttt:6e"rrc ue�-e�,�rrc�-n-cnm-. 'rl.,,rl.., t,: „t.�o o .l,o ,.�;r •.� , � !-'l,� ..� .,-. .,,7,�. �ccr-vir�3s-�6-vri��. A 17 ,,.:,�*:':b� �L.MII 1.:, �t,�..:,'a +� :�::. ;�� .. oo.a;...t� �1,.�.��ri.'�L.o. ,�+o .,� . � �Gn--rnP�ii3��EE1��"xr-vi-i�-icv�i4�-6�c'li�ii}g�6�6�� ;`•,7;,,.,�;.�,. � ,.1, F � Tb. D .7 L. 11 1 ,-,7� ,.F';�� ' *' ,a �1, F� ' 1 ,.+;,� 1uc�11c nv�nisarzcc�-T i.�riviro�icrorrrc=r-vzir�nc�r-cc� .,.�..�. � b�s} Powers . The Cit_y Council shall l�ave the followin�powers: ___ _._____ _ ___ 1. "I�u �;rant ��arianccs, tl�iat is, to varv and modify the strict application of any regulations of anv of the re�ulations or provisions contained in this Title in cases in which there are practical difficulties in the way of such strict applications. No variance or modification of the uses permitted within a district shall be allowed, exce�t as an official amendment of this Orcliilance. T�. � a „�.,,,, ,�,,.,o.�,�� o .,a a„+.,„��,o�rir�_n,�a a,,,.;a;r,. „�.;o,.�+,. „ „i �..,��.o r;+.,r,,,�.,,.;i nr i.o,.o;� ,. ,:aoa , � 2 ___ "I�c� l�ear and determine a eals as to tl�e exact boulldaries of Lonin� districts. 3. To interpret this Ordinance. 4.__ To hear and decide a�peals where it is alle�ed that there is an error in anv order, requireinent, decision or determination made by an administrative _ ______ official char�1ed with enforcing this Ordinance. � 5__'(�.Oh�-1 I ORDINANCE 5209�—ZONING ORDINANCE c) Appeal Procedures. An appeal shall onl�pplicable to an administrative permit, order, requirement or interpretation on intent of provisions of this Ordinance. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure. 1. An appeal from an administrative action shall be filed by the property owner or their agent with the Zoning Adininistrator within ten �l 0, after the inakin�of the order, requirement, or interpretation bein�ppealed. 2. The property owner or their agent shall file with the Zoning Administrator an application for appeal statin tg he specific �rounds upon which the appeal is made. Said application shall be accompanied bv a fee as established bv the City Council. In cases where the application is jud�ed incomplete, the Zoning Administrator shall notif t�e applicant, in writin�, within ten (10) days of the date of submission. 3. An appeal sta� all proceedings and furtherance of the action being appealed unless it is certified to the City Council, after the notice of appeal is filed, that bv reasons stated in the certificate a stay would cause imminent peril to life and propertY 4. The Zonin�; Administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate and shall provide eg neral assistance in preparing a recommendation on the action to the Citv Council. _5. The City Council shall consider the application for appeal at a public meeting after a review and recommendation by the Plannin� Commission and consider testimonv of the property owner and City staff. 6. Pursuant to Minnesota Statutes 15.99, the City Council shall make a decision in accordance with the timeline described for variances. 7. The Zonin�Administrator shall serve a copy of the final order of the City Council_upon the a�plicant by mail. �4. n,.,.o„i� .,.t,o..o;�; .,iio,�oa +�..,�.�.e,.v: o ,.,.ao,. � > > ��,.o,.;� .�.o ��,.,,o,...o�. ,.�+t,:� n,.a;�„�,.o � vo,,,,o�*� �,.. � �-,,,,.. +t,o i;�o,..,i � ,.�+�,;� n..a;�.,.,,.o D. � .�.�.4n.�.�.en :.,�-.�«�Fl.�..-�.4ri�.4 or.�.-..om�.�.4. ,.�.�7 �. r..a..o ti.n«�nl.,r.ti.oi.n„c�o ��i..vm,.-v.�,4.,,-.�.o�, 0 4� 41.0,.-..a....�..n� c,1.n�� 1.n��o�ti.o s��..�o.-4� �. n.ao.-n nl , .-..,.,+ ., ...�...n4,�..�. n..r1 .�1;,..,�;..,,� �r � .,a„,o.,*� �., +l,o � ,,,.a;.,.,.,,.o� ,. I 5��8z.��-2 � ORDINANCE 5?(�—ZONING ORDINANCE �. no.,;o.., ,.� n.��,,,,i� ,-,o..:�:,.�� .r��.o...,,;� �t,�ll�o: �a , �ao,.*t�o ..F+L.;� �,,,.�:.,,. , ,.lo�� .,.�.7 , .,�;1 � .ao�.;�;�„, ��+l�o L.,..,,.,] � � , Ee�t3c�l. o ,.,.�;�,.;.� ao,.:�:,,,, +„ .t,o r;f�r r,,,,�,.;i ��.o t��.,.-a �t,,,�i � ♦1��..,,.,,:+b, ,�,] .,1�.,11 � ,.;f;,..,ll., .,.�.] �,it., �o* �,-f1,_�,�u�d:,,��,�.o,�♦ ,. � i'-im�airc�rmic"c�-aiiQ-tttl�cvi�iTr�i�6ir8-i-rc�iracc`� 7 i,, o o,,*�£� ,.,-f +l�o!'�,.,,«.,.:1 ,,:+1,,,,-�l�.,ll L....- �l„�;�., � «.,a ,. ,��,.... +l�o � � �]o,.;�;,... ,.l,o«o,,,.,.., +L,o,. ,-..,:r „ ,.l;o.a 4�,-,Y. .1.0; oa �1,�]] � ' � � �e�s��e-��P�ce��rt�r�ec}; �., „�� „ „�.;,.�, .,a:,,�+,,.o�� „ .,+oa , .,ao,..i,o,. „f+�,;� �o,.*;�„ 0 0 ft�o_A,,,,,.a „�a r,.,,,,,.:i ��,,,ii .. ,,.�, o ,;ao,,,.o ,,,,,t ,t, „�oo�_n� ;f ' .�,� ,.1; ,;rl, f��.�na�a , , ,.�;,..� �1,�„-0,..:+1. Subd. 2: Variances. a) Purpose. The variance process is intencied to provide limited relief from the strict reQuirements of this Ordinance in those cases where strict application of a particular requirement will create practical difficulties due to circumstances unique to the individual propertv under consideration. It is not intended that variance be �ranted to allow a use not �ermitted by the underlyin�;zoning district, nor to merelv remove inconveniences or financial burdens that the rec�uirements of this Ordinance may iinpose on property owners in eg neral• � zi�1��___Criteria. A variance sl�all on��_he pennitted if all of the following facts and COlI(�1t10riS eX1StS: n a,v.;.-,:�,�,.,,�;�r n , o ,l.o ,� .,*oa +„ �ll,,.,. � ,�,o,.r�� .-+„ .io .,+o �-,. ♦L.� :�;,, .]o ol„ ,�+ �t.,,�.a�,-a� ,,1; �l�lo tn .,,w; ,1., ,� *L,o ,];�+,-:�.� ; ,.1.,0,7 1r r�: o Ft,,, u„ ..a .-F�o r� ;� R*l�,o u�a�l�� ao � o o �� ,�,,,-E;o� .,.,.] �l,o l,0.,1�1, .,,,.a �.,��..�,F,..,,..��,..� ,. �;.a:,,..�, .,,-L;.,.�;,� fl,o i��6�266� T., .-o o.,,a:.,,. ., ,,,]:,,��.�,o„+ „ o ,,,ao,-+l,o,�r,..,:.,;,.... ,.� � ,.�; +t�o ;+1, oll ;�� ,L,�+,�4�,�11s,Fl�� ,.L.; ,.�; ,�F+l,o o e � , .. o e o 0 .,,,1.,�;,.., +„ .,,L.:,.L. +i�o .,.7:,,�+.�,o,�+ ,. .,+o.a � +., 1;�7,� .,a *],o o � � � ,L.1:,.L.o.,l�t� .,��. ,Y.F,-f ,,.a �l �:�1£ra � �> > o 0 0 0 Section 52.07,Subd.2(a)amended I 1/11 �xTL,o.� � ,.1� ,. .�,a;r;,.,.� ., .,,ao...,,-r ,.�+t,o+o...,,� , .�.ao,-�,.h��.1. E1.,�. ,.�o,a o � > > 1ttVtr � 5?(19�.06�-3 I ORDINANCE 5209�—ZONING ORDINANCE 1. The variance��te�e�is consistent with the adopted St. Joseph Comprehensive Plan. I 2. The variance�e�e�is in hannony��a�with the general purposes and intent of*��a��.��_�o '_'.�„_�a T_':�*�:_*this Ordinance. 3. The applicant establishes that there are `-practical difficulties'in complying with the zoning ordinance. Practical difficulties as used in connection with the ganting 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 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. 7.___ Additional Conditions: If granting a variance, the City Council may impose conditions to ensure compliance with this Ordinance and to protect adjacent properties. Section 52.07,Subd.2(a)1-7 amended 11/11 c�) Variance Procedure. Application for a variance ��rshall be made to the Zoniilg Administrator three (3) weeks prior to the next t�e �u��y sclleduled I'lailnin�Commission meeting in order to be considered at that mecti�l�;, and_sliall be accomp�nied_by the required fees as set by tllc City Council. __ , I �,� �„�.,,,;+�oa ��,..00. ooi.� ,. ,.�„ „ o 0 0�� 1._ __ Infonnation Rec�uired. The Zonin�;Ad�ninistrator or Plannin�,Commission �nay, at their option, require all or part of the following information prior tc�_thc,�uhli� l�earin��n_a__variai�cc rec�uest_ � 52(�.06�-4 � ORDINANCE 5209�—ZONING ORDINANCE a) Description of site (le�al description). b) Siteplan drawn at scale showin�parcel and building dimensions. c) Location of all buildings a�ld their square foota� d) Curb cuts, driveways access roads, parkin�paces, off-street loadin� areas and sidewalks. e) Landscapin�;and screenin�plans. fl Draina e�plan• � Sanitary sewer and water plans with estimated use per da� h) Soil type. i� Any additional data reasonably required by the Zonin�Administrator u►- Plannin�Commission. ? Plannin�Commission Review. The Zonin�Administrator shall forward the request to the Planning Commission who will hold a public hearin�,on thc variance request and make a recommendation to the City Council. 3. __ Public Hearing and Notice Re�luireme�lts. 'T''�� ',';`., n a,,.,;,,;�+,..,+,,..irio,.v �t,,,ti „ii r,,, „i„ �� vo n,„�,1� �+; �a ..iv*: ��,o 0 0 0�� „�+�.o ..i: ��; ��,,,ii „�,oa„io ,�bi;,,i,o � r;.., n a.,,:,,:�+,.,,+,,,,irio.,i� ��.,,�i i,.,..o+e., ii m a��,� *�,. ,��,o „ ..i;,.,,.:,,., � €+�e�e� Written �notices e€�k for the public hearing shall be mailed not less than ten (10) days nar more than thirty (30) days to I property owners within 350 feet of the affected parcel, �^ a�� +'�� '-':+•� n a�;�;�*r�*�r��',�r'� 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. 4�. Votin� By City Council. "I'he (�ity Council will, by resc�lution, either �;rant or deri thc variancc. A�proval of z4a variance shall be by majority vote of the full City Council. n a• ��,,, .,+� �-�a�crrrcnT�• 5�. Written Findinf,s. The Citv Cou�lcil will issue written tindin�s statin�the reasons for its decision and any conditions imposed, and serve a copy of its decision upon tl�e a�� licant h uy_1ai1 within tcn (10�days aftcr its dc�isioll. r��t,o �,,.,,.a �� n��o„i� „�a na;,,��,,,o„*� ao�o,.,b;�� .,,+�i,o �i:,,,,�;,.� t�o ,... �+oa �t,��,.,,..a ,.� n��o�t� �„a n a;,,��,..o�.� �t,,,ii .�,,,t,e � :+., ,. �a.,�;,.� �,. ��.o r;�.,r,,,,�,.;i . .;��,;,, +t,;,-f.,«n� a,,,,� ,.��,,,.t, ,�o.v .,.: r T� ..+ „�� ,.i, ,,,-�_+�.� r-�;�., r„ ;i �i.,,ii o;.�.o . � � , �.. ,.i„+• .,a ��:...,.. +�,o a o .,i,e ��,o ;� o ,�.�_, o 0 �i:oa � .�.� oa ��,.,ii „�, o+„ „a „� .�.o � � o �@C-1�';.,r T�.t,o r:+..r�,,.,,.:i ,,,..� ,. ,.�;,.�*;,,,, ,,,- �+oa t�,..+t,o �,,,,,-a „� n,..,.o.,�� „�a n a:,,.,�,.,o�� t,o r:�.,r,,,,,,�;i ��„ii ,.,.,i�o:+� ,.,.ao,. � .7o,.;,a;,�,.�1.�,.,,,,+�o« �.�,] � .,��„�.1, �,-�lo.., .. +L.o ., oll.,,,♦ ., �l.o...o�;+;,...o,.i.....,,.:1 . ,:.1.:.. +o,, ��n� a.,.,� �fro,.:�., ao,,;�;,.,, 4. i��l,o T2,..,,..a .,� A,�...o�l� �.,rl A.7:,,.,�„-,o.,+� .ao,,;o� *l,o_a ,.1;,..,�;..,, ♦l,e �.,.,«.] � SZ(�.06�-5 I ORDINANCE 5209�-ZONING ORDINANCE �et�e�re��e�r{-�-�}-�,� �-�-��--�e�e�-�k�e�l��-eT d�e�e-�e,a�d-e��-A�t�t�e�s. ;, �T i=T3��zL',rz�e�i3et�e$e�-S$f��L -rl,o r:..,r,.,,�,.;1 .,1.,,�� ,,,,,��o d) Recordin�;. A certitied copy of every variance to abstract or re�istered property, includin�the property's legal description, must be filed with the Stearns County Recorder or Registrar of Titles. I ��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 I Planning Commission or City Council for at least cme 1 ear. s��{��;�s � � . The City Council n�ay pernlit a new application if; in its opinicm, new evidence or a cl�an� circu�nsta�lces warrant reconsideration. I f�) 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. � 52(�.06�-6 I ORDINANCE 5209�—ZON ING ORDINANCE I Section 502.07: ^T"`�T'`"e-r� n-rrnrT CONUITIONAL USES, 1N"I'ERIM USES, AMENDMENTS AND REZONINGS � _Subd. 1�: ' Co��ditional Use Permit. a) Purpose and Scope. The purpose of this Section^�*'�� ''^^�^R n�a:^�^^� 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. This is accomplished throu�h a Conditional Use Pennit, which mav be �ranted by the Citv Counci] for uses desi�nated within a district as permitted Conditional Uses when such uses are in harmony with both the zonin�district in which it will be located and the objectives of the comprehensive plan. ��''.f'�C „i o o :+� ,t�o va � „�+t,a�rll„ � .�,7 �,.1.0 ,f�,-+L,o ,L.1:,.1,0.,1+1� ��♦. ol� 0 0 � ,� o 0 0 3 T,. ,.1., ;4:. ..� ,�� '�„�' .,l �. � o .,�; .,7;��,-.,,� .,� +L.o+: .,F+t,o ��1,1;�1�,,, �.♦ ,.�., ,.1� ,7;�+.-.,,♦ I b�c) Application. Applications for�es� u_Conditional Use Permit� and the required fees shall be submitted the Zoi�ii�Adn�inistrator. r�+�� ^a��r��+r^+^r�r'�r'�. 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: l. Description of site (legal description). I 2. Site plan drawn at scale showing parcel and building dimensions, area and sctbacks. � 3. Location of all existii�; ancl t�r<�;�useci_buildings and their square footage, and the location of easements. 4. Curb cuts, driveways, access roads, parking spaces, off-street loading I areas and sidewalks. 5. Landscaping and screening plans. 502.07-1 I ORDINANCE 52(�—ZONING ORDINANCE 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. I 9. Any additional written or graphic data reasonably required by the Zonin�; Administrator � or the Planning Commission. 10. Proof that the Applicant is the owner of the parcel in question. c,�d) Procedure. Completed applications must be subinitted to the Zoning Administrator three (3) weeks before the next re>u�larly scheduled Plaiulin� Commissioll �neetin� in order to be co�lsidered at that mectin�. � �.. �:ao...,.;�� .,. .�.o;,.., .,. ,. ,,,,�,,..,,.,00.;,,,. 1. Plannin�Coinmission Review. The Zonin�Adminish•ator shall forward the request to the Planning Commission who will hold a public hearin o� n the Conditional Use Permit and make a recoinmendation to the City Council. � 2.� Public f�earii�and_Nc�tice Requii-ements. �r�.o r,.., n aw.:.,;�+,.,,.,,..�r�o,a, � . 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. �� 6�1S�6i3-S�-E6i�S��36Sj'.rl�ic-cc�rci�cciicccs��r+ri'; oa � �l , ,�.a .,,1��*_�a.a;�;�,.��1 ,- o.�� ,Y. ,l.o,� f,. ,-va,,,,o ., .,.l.,o,.�e v��..�� .�.a �l,,,il ,,,.,l�o „ ,,.].,�;.,,, +�, �l,o � � r�;�.,r,,,,,,,.;i . ,;�i,;., *t,o „ ,;ao�;�o� „ .,a„�oa i.., c.,,+o r „ 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 to 502.07-2 � ORDINANCE 52(�—ZONING ORDINANCE � protect the public health, safety and welfare of the cominunity. Approval of a s}�ec�a� conditional use permit shall require passage by a majority vote of the full City Council. � d�e) Findin�;s. �� The Cit��Coun�il must make the toll��win�findin� w1�ei1 ��anting a conditional us_c�ermit: � fi.o�.,..�:,,,,i,.,., „+��.o� oa i,.,.,,�;,.�. 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 utilities, streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems,�schools, and other necessary facilities. 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 I historic feature of major importance. 1 1_ That soil conditions are ade u��te to accommodate the proposed use. 502.07-3 I ORDINANCE 52(�—ZONING ORDINANCE I �� Denial for Non-Compliance. If the Planning Commission recommends denial of a s}�ee� conditional use permit or the Council arders such denial, it shall include in its recommendations or determination findings as to the ways in which the I proposed use does not comply with the findin�s s��required by this Ordinance. � r�g) Appeals. All decisions by the Council involving a s�conditional 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 tl�e �,ra»tin�;of its approval, � , Citv Council may impose conditions re�ardin�the location, character and other features of the proposed buildin�;, structure or use as it may deein advisable in the furtherance of tl�e �uipuscs of this_Ordi�la�lcc. ..,'�;^'� n � �;a�r�a �� ,*^^,��• *'�� ^*^�-'�ra� r;+-, ^� � .,>'�^'�. Violation of any such condition is a violation of this Ordinance. These conditions may include but are not limited to the following: � 1. Controlling the location and number of vehicle access points��ess�� thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe. � n�� i • a i a• �. a a +t,,, • ��rr$�@�urc'cmg-aiia-ivumir�—irrcc� `voacrc=rccqaiic�irrnrcn�.�wizviirrc > > > �. D o�, o «,.a o 0 . � I 2�. Rec�uiring�diking, bermin�;, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. � 36. Lin,�itii�.the number, si�c:location or li�htii�ot�£signs,�;and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district. � 4�. Dcsi rn�, atin� sites tor open space. � !'��,�0,-.,1 ,. �+;L.;1;+.,. .:�1, �.a;�..o.,+ .,..,a ,��L.o,..� o,-t.,;�. ♦l.o .a:�+,-;,.� 5. Increasin t�quired lot size or yard dimensions. (�. _ Limitii�g the_I�ci��t_sirc, nuii�bcr c�r locatic�t�_c�f�builciit��;.�, 502.07-4 � ORDINANCE 5�09�—ZONING ORDINANCE 7. llesi matin�operating hours aild noise levels. �. Any other condition the Planning Commission or Citv Council deems necessai.y to protect the public interest. � I��i) Successive A�plications. Whenever an application for a s�ec� conditional use permit has been considered and denied by the City Council, a similar application � for a s�ec� conditional use permit affecting substantially the same property shall not be considered again by tlie Planning Commission or City Council for at least Ione (1) year_si��{��5 from the date of its denial., „�'�� „ ,��„��,.~ �,. •a i, ++ • a��.,, . io�� ,.,., �,,,. �;�+�,�r�i�� o „�.�.o �,i� rccvrr�zcr3ucn-rnuccci�znucral�i-rorn.�s� -��..�v'oT� � r�*•��'��'. The Citv Council may�ennit a new application; if in the opinion of the City Council, llew evidence or a cllan�e of circumstances warrant it. i�j) Expiration. If '� * *' ' *-��+�� '�^� „�++^'��^ ^'��within one (1) year after �'��ranti��a s}�e�s�a��onditi��nal use permit the use pennitted has not started, then the permit is null and void unless tl�e CitY Council has approveci a petition for an extensi�n. Conditional Use Pennits expire if the authorized usc ceases for anX reason for more than ��ne 1 ear. � �^' +'��+ ^ ~~"^�*'^� *�� -- - - > > r•,. ;i „�'+e o o ,.�t�v v o�a,,.' „�*t,o vi„ ,.r„ ,,,, „ � 'vii, "iu�' e��e��e�e�*�t�e�e�i��e e�see�-e�re-(�}}� . �.�. •+ +�. � �,� �a:.: „� ;�;oa .�,o ;+ .,a o sr.rc�crnrrc-crcr iixv � � ,�..... ... .....1.�.�.,,. ...... ..>t.:...., :F' �.. ., �l�o .,,,tl�,.,-:.,o.a , � �,-,Y, o+1,.,,� ,. o /ll . o � o �� o 0 0 j�__ Compliance. 1) Duration of Permit. Any use permitted under the terms of anv conditional use pennit shall be established and conducted with the terms of such permit and of any conditions desi�nated in connection therewith, and the conditional use permit shall remain in effect only so long as the terms and conditions a�reed upon are observed. ___ 2) Revocation. The Citv Council shall revoke a conditional use permit when it determines that the terms and conditions of the permit as issued are no longer being complied with. A certified co�v of an order of the Citv revokin 7�,the conditional use permit shall be filed with County Recorder far record. I Subd. 24. Interim Use Permit. a) Purpose. The purpose and intent of allowing interim uses is: 1. To allow a use for a li�nited 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. 502.07-5 I ORDINANCE 5209�-ZONING ORDINANCE 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 Conditional Use Permits as provided in�z�e�-5�'z,,"�=�-�� e�this Ordinance. � c) Findin�;s�. 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��s findin�s of a s�e�conditional use permit set forth in co�*;�� n'' �, c„�.a �, ��'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 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 I nonconforming. 4._ Tl�e pennit is not utilized for aperie�d of one (l�year from the date issued. 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 I considered again by the Planning Commission or City Council for at least onc 1 xear s��(��s from the date of its denial, � „'�� a��;�;�r *� �� ;a�r � 502.07-6 � ORDINANCE 5208�-ZONING ORDINANCE fl 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.'-' _ _______�______Conditions. In �ran�a��pr,��al ol�tl�c intcritl� use, tl�e City Council inay inlpose such conditions re a,g rdin� the locatic>n, character and other features of the pro�osed building, structure or use as it mav deem advisable in the furtherance of the purposes of this Ordinance. __ ____ 11� Compliance. ___________l) Duration of Permit. An.�permitted under the terms of anv interim use permit shall be established and conducted with the tenns of such permit and of any conditions desi�nated in connection therewith, and the interim use permit shall remain in effect only so long as the terms and conditions a�reed upon are observed and/or until the specified termination date/event occur. ____ 2) Revocation. The City Council shall revoke an interim use permit when it detennines that the terms and conditions of the permit as issued are no longer bein� complied with. A certified co�y of an order of the City revokin�the interim usepermit shall be filed with County Recorder for record. � Subd. 3�. ��Amendments and Rezoning of Parcels Depicted on the Official Zonin� � - a) General. This Ordinance, which includes the official zoning map, may be amended by following the procedure specified in this section. ( b) Initiation/Application. 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 502.07-7 I ORDINANCE 52(�—ZONING ORDINANCE site development plans prior to consideration of the request. I. _____ A petition, when filed with the Zonin�;Administrator, shall be accompanied by the fee establisl�ed by the City Council in order to defray the expenses incurred by advertisin�public hearing, etc. In order for the cc�mplete petition to be heard at the next re ug larly scheduled Planning Coinmission meeting, it must be received by the Zoning Administrator three (3) weeks before that meetin� c) Action by Planning Commission. 1. An amendment not initiated by the Planning Commission shall be referred to the Commission for study and report, and may not be acted upon b �� City Council prior to the recommendati�n of the Planning Commission. The Zonin� Administrator will review the proposed amendme�lt and providc the Plannin� C'ommissi��n with a staff report. *'��r'�„��:' �'��„ r,. 2 �� am��* ; �a��+�a,�The Planning Commission shall hold at least one(1) public hearing on any petition for an amendment or rezonin�; after notice of the time and place of such hearin�has been published in accordance with State Law. The Cit.Ywill publish notice of the pubic hearin�;in the Citv's official newspaper at least ten (10) da� before the public hearin�and not more than thirtv (30Lys. The City will also mail notice of the public hearing to individual propertv owners within three hundred fift�350) feet of the parcel included in the request at least ten (,10,�days before tl�e public hearing and not more than thirty(30) days. .,+ io„��.o„ ii m a.,,,� �„a „ o.t,,,., +t,;..�..«m a,,.,� ,. ...,. „��„+;�„ „ „��.,o ic� „ ,.�o�� .,,;i,,,..,,.�;,.o ��„ii �.o,...,,:i�a 0 0 � � „+ io.,�. �o., ii m a,,..� .,,,a „ o�t,,,., +t,:..�.,izn� a.,.,� t�o�,.o+�.� a,,.,,.� .,a.�, .,�..�i„�� 3. "I'he City Couilcil shall i7ot rezone any land or area in anv zoning district without having first referred it to the Plannin�Commission for recominendation. Anv other proposed amendment to this Ordinance shall bc referreci tc� the Plannin�;C��mmission. , �a.,..o�+�,,,��.00., :.,;�;,,�oa �...,+�,o r,,...,...,;��;,.., „ra ��.o r„�.....,;�.,;,.,, , 502.07-8 � ORDINANCE 52(�-ZONING ORDINANCE r;�., n a,..;�;�.,.,,+,.,.iri�,.i� , ,;.�.:., �,,..foo„t�n� a,,.,� ��t,o ,,,,.:r,. „� ��t#e-��e-��t�e-�ea�g-�s1�o+ «�,�o� ��,o „ o�a,ro�+�-,,,� ,,,,+�.,,,,� :.:.,*oa t,.,.t,v ni„ ,. r� �t,o ,,,-� �t,.,tl �. �.o �� o � , o � F;1o,] ,.,,♦ 1„t,,,-+L.,,., � .,+../�n\ a...,� �..,,�, �l,o a��o..�,.,,�,.o,.,,o ,.f'�1-.0 m-ii2i�E�ri�tE�3��9 tttl%�c6mriris�i,• L'.,:1, o.,�+1-,o D1� rt_f`„ ,. �,. ,,..� ,. .�,7,Y. .,� ,,,�+ , :�;.,+0,7 1.. ;�, ao ,Y,�1 �,.1.� .,1 1�..+l,o r,,.Y...,:��:,,,, ,.��i.o „ �a,,,o.,+ d) Action by City Council. 1. r T,. E�.� �:t: �� ,.t. �..� *t,o ��1��,. ,.��.o ni„ , r,.,,,,...;��;,,., +„ �:io .. ,,.t, „ ,,..� . .:+�,;,, �t,o*;,,,o,�, ,�l�oa t�., co,.+:,.� �$� n�. c„�.a c ,.� � o.,a.�,o��,,, oa i..,,.o�:+:,,,, ,,,-t,��+t,o � �rtThe City Council shall hold s�rpublic hearings as it deems advisable. "��*'�� '„�:�� +'��'��~~~R�, ;�^��,�The Citv Council shall review the Plannin_�Co�ilinissiotl's recc�ininendation and any other additional testimonv and material a�1d shall_�adopt ar denv the �-oposed rezonin�_amendment or any part of it as the City Council +'��r��„ � •�'� �� * deeins advisable. T'�� am��+ �'��" '�� o��,.�; .,�. ;�+.. .�,;..a� �� „�„�� .,,�,o „�*�,o r,. ;, �1��ss�ge- 7 7F�r•t ,r '1 ' � +L, !'''f 1� lt ,] �L, z�r Zir`r��ciiivn '�cz'vi�rccrac��r-crrc-cic�orcmrrvco�rcrcrrc ,.,1,�, ..+ .,��b,o ll��,. .,�+l,o !'�,. .,�..D o ,-.ao ��+l,o �l; ,,.+�� . Tl,o ('';+.,!`,.,,..,.:1 �b..,ll ., 0.„7 :r� lIFF,.;.,1 7.,..;..�.T�R�,,*�rof7.o�.�+l�o � c„�.a � �o �a r,....o.,+� „�no.;.; � n, �a.-,, ,,.� n,, �t� na: �..,. �� c� „i I T�o Do.-.Y.;�� .,.-..7 �7.,.-:,,.,..o� �l D., o..+ Do ,.e.a A« o �1; o+:�: o �+: e.,.l.,� «♦ _, � .,1 .,,7; ��,�. .,♦ .,1 :+ �l,�ll � � ,.,7; ,t�„ �l,o o � � o o e o ♦ L' L.1 ,7 ♦1�:� r:.,,� F.. .a,Y,o.,+ ' 1 �zi:vciirrrcc3-pa7uvr�ciixcrci-mrs�cccro�virccr:rcrrrvi--rccorirrzb�aF'� .,1 , ,-.�,;� �l,.,ll 1.,, ; ,�+ ., o�*.,l.l:�l,o.a 1,,,r �,1»t��,,, v o � � o o��C��c-�l. -r�,o �o; .,,,��o „+.�,o+;,,,o „��i;,,� � ,.o.:�;�., ,,.,a ; „+ o�,ra.,ti.io r., .,a a•�;�� ,. .�.v t�,,.,o �'.o� a ., ��.,, � �t,o r•�., • �c . u=rcrorrcv crrc-cmcrv�c-r�c�-uixcrirrrrn� c=o'cirrcrr�. crrr'iirccci9 > > > �♦ ,.1,,,7; ,.L.,,�,�,.� 1: ;+�,7 +,� �*„ ..,7 ,L.1: �+; ♦L.o ,�1: ,�+� > > r o a �� l,.,ll ..,1., o*L.v /'�;E.>F,.Fl,., o� ,,.a +l,o !`;t, ,.��;,. „1� ao,.,.�;+ F,.Fl„��„ F o� ,� ,.+,. +l,o F;.�.,1'L,o.,,-:,�,� .,,, +l,o � ,�1�..,,+:,�,. C-�Ee�r�e��e��et� � �r,.��+;*:,,,, ��,,,�� n o��,o ��,.00+ �a,�,.��., „c+�,o�„�a „� �„ 502.07-9 � ORDINANCE 5209�–ZONING ORDINANCE , , .,aa_o�� „�.�,o „ .,a ,.io�,.i.,ao�,.,.;�,o fi,o��,.,,,..,,,.o*„ �,o�,,,;�. „ „i+o,.oa ;��i,o r� � � �u��t-��e-��e�ge-a��e rease�t�e� . T�,o�o�;�;,.� ��.„�� , „i�,. ,. .,+,,:., „ „�i.o,.;,,�,..,.,�.;,,,, .,.�,;,.�, ; ,.oa �,.,,,.�,o,. co,..:,.�� ,.��.;� vi�Co Tt,o Dl�,-..-.;,,R !`,,,,,.,,;��;,,,, ,Y, o o+b,o..o�:�:,..,o,.�,� �„t�„�.;� ., ..o..�;f:,..,+o 1... � ;�+o,-oa l�„a � ,-;�.;,�R*l,o �-.,,,* .,.7 �;.70 . .,,.,7 a o o �ro c,� c�}—Successive Applications. No application of a property owner for an amendment or rezonin� will be considered within the one (1�Year period followin� a denial of such request. The Citv Council ma�permit a new application, if in the opinion of the City Council, new evidence or a chans;e or circumstances warrant it. `x",��,�r ^^ �c-�r ' e��eeH-ee��e�e��e�e�t�c,��ne�l� �.o ,. �;ao.-oa � „ i...�t,o ni�r�;r,�r��,,,,,-,;��;,,� ,,,.r;..,r,,,,,,,.;i �,. „+ io„�. � ., «� � „�io�� .,,� �,,,. ��+t,� in ic� . „�o„��t,o�,ii r;*t,r,,,,,,,.;i » [) Appeal. A petitioner may appeal the Citv Council's decision within 30 davs of the decision to the Stearns County District Court as provided bv law. �) Recordin�. The Citv will record all Ordinances amendin�the Zoning Ordinance e�i-rezoning anv propertv. The Zonin� Ad�ninistrator will revise the City's Official Zonin�Map when property within the City is rezoned. ��o,.:,,, T T�o�o...,,;.� „�a ��.,..:,,�,.o > > > ��.t,o �. r,.�o..�. r„ao „�n,.a;,,.,,,,.o� Added 502.07 Subd.7:11/2013 5�2.��-1� � ORDINANCE 5209�—ZONING ORDINANCE � Section 52(�.10: OFF STREET PARKING Subd. 1: Intent. The ott=street parkiii�regulations uI�this Section are intended to provide accessiblc, attractive, secure and well-maintained off-street parking and loading areas with the appropriate nuinber of s�aces in proportion to the ne�c�s of the proposed use, increase public safet�y ceducin� coilgestion of public sti-e��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 Requireinents. 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. Sk. 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. fl When off-street parking is required, it shall be designated for that purpose and the individual parking stalls appropriately striped. � 5�(�.10-1 I ORDINANCE 52(�—ZONING ORDINANCE g) Where a use is not specifically mentioned, off-street parking requirements shall be the same as for similar use. 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 ar 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 Cit_y Gouncil may allow ��;*�„��'�:�� ;a;��*'�� n„„':��* a�m�„�*��*�� 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. 1) Curb cut openings, driveways, and parkin�pads shall be a minimum of�i�e-�S} six 6 feet from the side property line, except that on cc�nier lots shall have a side yard setback of tifteen (15') feet from the property line on the intersectin sg treet and in compliance with Subd. 3 k. 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 Parkin�. 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�e, and the space so required I 52(�.10-2 � ORDINANCE 52(�—ZONING ORDINANCE 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 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 �.��l lr,�,�;��<� 13;��,:In,�+��•,: I>r�,��ti��. I<<��iE��.; it� f!}e ��t��+( t�l� k��rsl �.^,�,��ue 1�J��t�ll��ti�;l:� I��itt.t I�<��;1 ,:I��a'�;� �i �. ni, ,-�t, �.,,��-PJ-c��tk�-t�' ";;;;�ic;��iu�r-eet;-� �t'ast,�d�t'��i3 t ��;-�� n"r-r�iivcieC[—'t'ti��+� . ,:�1,;,, +L,ot�}t�-&1 R"�.�"'o-�s-:rz�rsnTE�-c`1-�--�E�S n c .,,,.1 1 1 �t„-,,..,�t� 1 c „4' �31E�e� �A:_{�� -��itt�,rt, �� „+'Ri,,,.i, n ,,,,a r „�� ,t„-,,,.,.�, i� „�'Qi,,,.i, � �ii ;,, +t,o n,-;R;,»� , , , , , �, . ;.,_ , _,, . � , . , ; n.bou►�daries �f the ofif cial zo»i��_�I�ap o t�e C�t�o t. J_ose��. � a) Single familv, two family, and townhc�me non-rental residential units. Two (2) spaces per unit. b) Boarding house, rooming house, bed and breakfast, and rental residential dwellin�s. 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��ithin 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. `�-- -Multi=Fau�ily_U��Ilirt�;s�fl_.;� _1��0 � �,icc�r_livii�ui�it, I s�d� Motels, m^��,hotels. One (1) space per each rental unit and one (1) space for each employee on any shift. � �}� Church, theater, auditorium, community center ar similar places of assembly. At least one (1) parking space for each four(4) seats based on the design capacity of the main assembly hall. � e}t� Hospitals. �ree{��:I�y��_�2� spaces per each bed. #�� Medical, chiropractic, dental ^r'��;'�' ^„+ „^*;��+ clinics. n�� "' � � �r s�e�e�-�7) S i x 6 spaces per doctoridentist._, �T�'��'��r� m'��r��nr'�;H�� ; �"+�-' g}l1� Nursin�; Home. r „ „rro,-..., r,,,.o �,,,.;�;*;o� n��:��oa r; ,. r-ror+o,.� n v�� u,,,,,o� �~a ��+;~�~~�~+ t'�~~�� One(1) space for each�e-(�3 six (�beds€� ��a�`;�~� ^~� ^��~�a and one (1) for each employee on a�tl�c.lar ��st shift. I 52(�.10-3 � ORDINANCE 520&�—ZONING ORDINANCE � #�i� Elderly (senior citizen) housing. One (1) space per unit. �}j� �e--i� F ast Food restaurant and convenience food. At least one (1)parking space for each ' fitt _50 _square feet of goss floor area, plus one (1)�ace per employee, plus_six (6) oft=street stackin = spaces per drive-throu� la�ie. . I �k� Office buildin s� and professional offices, other than medical, chiropractic, or dental ^r'��^�+^' ^��+ „^+��^+ clinics. One (1) space for each two hundred fifty I (250) square feet of floor area. I �1� Bowling alley. At least five (5) parking spaces for each lane ^"�•� „'�� aa�*��' � �� }m Automotive Service Station. At least€e�-f�threc 3 ��o ��parking spaces for each service stall lus one (1�pace per each attendant of the lar�est sllift. �''�^�� ;';�:�� a �r��'� ��*'��r:*�� , „aa;�;,.,,,,i �,,.a,:.,,.; ,.i;.,r,.o. ,;.t, „�t,o,. „ ri;,..,i.ie �o,.�;,..,� ��;� n,.a;,,,,,,,.o "'�et-�i�--��e�e-��se�-uic�es��s�rte�rt�4�-l�ea��-e��"��t�eet-P�r��Pu�� ,.o ,.t, �t„-oo�,,,,,a,.oa i�nn� � o �o� „��,,,,,, „ o � � �,,;i �„to� a t� • r + c� � ir��c�.ccrr:��'l�cc-viranic�.r'Vb�f (.�Gcirc-v�r-�'i�T.r-i�vv�-c�c& �r,,,.o �,.o.,,,t, ,,,,o��,,,,,��„a �� nnm_r��_�,-o �o+ „��,,,.,,,.o .,,.o„ ,,,.„�o i>> ��.,,.o � I e3n Restaurants and cafes. At least one(1) space for each four(4) seats� �plus one (1) space€e�-eftsk�ct-two�employees. ^^ *'��m��;�„m �'�:� �-}o Private clubs servin�food and/or drinks,bars, taverns, ni�htclubs. At least one (1) space for each�i�'t�9� ��ne hundred (100) square feet of gross floor area,,plus one�l�_s�ace�er em lc�yee on the lar�est shift. I q}� Funeral home and Mortuarv establishments. At least twenty (20) parking spaces for each chapel or parlor, plus one(l) parking space for each funeral vehicle maintained on the premises. �c� Manufacturing, fabricatin�or processing of a product or material "I'hree 3 spaces �er 1,000 sc�uare fect of� rross floor area,�lus e�ne (1 ) space per 300 square feet of flc�or area of office. ��el}e�s �^�a';�� e:�„"� a� * �� —�__ Rrnr� m�-�6^va��^v�c-^viircca. lo.,�♦ o .'L.� /4l � ,�.1„� .� o!1l � o�,-o �.L, +.,,�, /71 0 «1.,..00� ,. ,.b. �1,;�'+ o�� o � 52C�.10-4 I ORDINANCE 52(�—ZONING ORDINANCE �;,,o t,,,,,a,.oa icnm � o �o+ „��,,,,,. ., � s�r� Car wash. (In addition to required stacking space.) 1. Automatic drive through, serviced. Ten (10) spaces per bay for stacking purposes plus one (1) space for each employee on the maximum shift. 2. Self-service. Three (3) spaces per bay far stacking purposes,plus a minimum of two (2) additional spaces. ______s) Convenience/Gas Store. One�,l) space per 250 square feet of�7,ross floor area. t�____ Retail Business. One (1) space per two hundred and fiftv feet (250) of net sales area. u� __ Slic��l�i�� Ce�ltc,�_ Fi�c �5��;�accs 1�c� I 10�0 square feet of�;ross floor area. ��_�___. Day C'are'Nurserti� 5cl�u��l_On��cc_� �� 6�._cl�ildren plus one spaee per employee on largest shitt. w�_ Warehousin�, Wholesale & Distribution. One (1�space per 1,000 square feet of �,�ross floor area, plus one (1�space per 300 square feet of�ross floor area of office. x�___ _Mixed Uses: In the cases of mixed uses, the parkin�facilities required shall be the sum of the requirements for the various individual uses, computed separatelv in accordance with this Section. Parkin�; facilities for one use shall not be considered as providin the requiredparkin�; facilities for any other use except that the �.Jovernin 7��yconsider theioint use of a parkin ag rea (other than residential) where it is known that because of a time element, the parkin� facilities will not be needed bv more than one of the uses thereof at one time. �� _ ____ Other Structures or Uses: For any and all uses or structures not specifically provided for in the foregoing s, uch parking spaces as the governingbodv shall detcrminc to be nc�etisary�cc�i��icicriu�.� a11 tl�c��arkii�_�cnc�atii�f�ctors involved. r� ____ Demonstrated Parkin�::_l�he_('_i�C'u< <�cil ulay au�rc��e a�`t�r�+��t=ai�-�arkin�plan wliich allows for a portion of the required parkin�, but deinonstrates that the minimum number of required parking spaces can be accommodated on the propertv and meet setback requirements. The plan must demonstrate that all other applicable ardinances can be inet if the full amount of required parking were to be constructed. The area for future parkin�must be maintained as 7r�een space (sodded with grass or naturalplant materials� Anv chan�es to use and/or building size could invalidate the approval for "Demonstrated Parkin� Demonstrated parking mav reserve the right to require installation of the additional parking spaces. � 5?(__19�.10-5 I ORDINANCE 52(�—ZONING ORDINANCE 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 Ifollowing regulations: 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, 1996, 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. fl 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 � 52(�.10-6 � ORDINANCE 52(l9�—ZONING ORDINANCE 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. 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. � �*'�� rt'�* �41 ��* �� '��'�*. 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, a parking�ace shall be at least nine feet wide by twenty feet lon�9'x 20'). In areas where the parkin��pace may accommodate for the overhang of the front or rear bumper, such as the perimeter of the �arki�i�lot�.the parking space may be a minimum ofnine feet b 18 f�et 9'x I�' '�+ �':^.,��:�� ^"� "�+ �,�'' ;" +''�+^'''� Y___�._ � �.o�.-, r; ,i.,�; .,++o ��.,,ii „ii� .,ao .,*o � o�.;,.io acn�—criccrracmir-�crrrcnz�-snaxr-arrvvP-c��.�ciucc rwrirrvi—vrircr�circT`r'crrrvr .,. � �� x�•,tl,-aiirdRr�.i �eE�c ♦r.,f'� ��.,11�""7�n �} i-�66kc �26Y�3 �2 �� -� �� 5✓�.8 � �� J�- � � �g � �� g C�..v,.;.,1 ,7e�;,...� , .;11 l.v .. �:.ao..o,7 �..,,,,;.,,,o �;t„n4:,.�.� ,�,a ., „l�;o,.� � � o �,. .,i „�'��,o r;... �� u,,.,a; �+.,ii� �t,�tt �.� :aoa ..a„ :.�. ,-,� n ri n .,+� �xn,o :. ' siie�24�E�c� „1�,..,. � c �v* „F,.�o,,,..,.,,,e �,.+l�v „ o,-L.,,�,.t,e�..o „ �;aor;�,� � 1) 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 � 52(�.10-7 I ORDINANCE 5208�—ZONING ORDINANCE 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. 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 I parking area, striping, landscaping and screening. The��arkin�;and loadin 7 a� reas shall be without he�les and free of all dust, trash and other debr•is. p) Li�hting. 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 I 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 Marshal�shall be required for each structure. Subd. 7: Parkin�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 upgaded unless it is determined that the current driveway surface materials are washing into the public street causing a nuisance. Any expansion to an existing gavel driveway shall be improved to a hard surface roadway and must be constructed of a hard surface consisting of concrete, � 5209�.10-8 I ORDINANCE 52(�—ZONING ORDINANCE 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 Rl, 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 07i05/12 Subd. 8: Required Loadin B�. 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 goss 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 loadin bg erths 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 additiona140,000 1 additional Loading space required under this Section shall be at least fifty(50) feet long and ten (10) feet wide. I 52(�.10-9 ORDINANCE 52002 – ZONING ORDINANCE 52002.11-1 Section 52002.11: 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. ORDINANCE 52002 – ZONING ORDINANCE 52002.11-2 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. ORDINANCE 52002 – ZONING ORDINANCE 52002.11-3 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, ORDINANCE 52002 – ZONING ORDINANCE 52002.11-4 “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. ORDINANCE 52002 – ZONING ORDINANCE 52002.11-5 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 ; ORDINANCE 52002 – ZONING ORDINANCE 52002.11-6 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. ORDINANCE 52002 – ZONING ORDINANCE 52002.11-7 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 three (23) 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. ORDINANCE 52002 – ZONING ORDINANCE 52002.11-8 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. op) 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. pq) 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 ORDINANCE 52002 – ZONING ORDINANCE 52002.11-9 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. ORDINANCE 52002 – ZONING ORDINANCE 52002.11-10 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: ORDINANCE 52002 – ZONING ORDINANCE 52002.11-11 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 and R-5 Supportive Care 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. ORDINANCE 52002 – ZONING ORDINANCE 52002.11-12 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. 1516: Permitted On Premise Signs; Business Districts. On-premise identification, business or area identification signs are permitted. Nearby residents shall be protected from direct light if these signs are illuminated. 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 notshall 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 the maximum allowed in each zoning district as defined in this Ordinance. b) Monument Signs. Each tenant other than those in multi-tenant buildings may have a monument sign that shall not exceed the maximum allowed in each zoning district as defined in this Ordinance 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 Such multi-tenant wall signs shall not exceed the maximum allowed in each zoning district as defined in this Ordinance. 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. ORDINANCE 52002 – ZONING ORDINANCE 52002.11-13 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. 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. 1617: B-1: Central Business District: The general provisions of Section 502.11 apply to all signs within In 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. Freestanding Ssigns 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: ORDINANCE 52002 – ZONING ORDINANCE 52002.11-14 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. 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: ORDINANCE 52002 – ZONING ORDINANCE 52002.11-15 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. e) Maximum Freestanding Sign height is twenty( 20) feet above ground. Subd. 1718: 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: ORDINANCE 52002 – ZONING ORDINANCE 52002.11-16 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. Subd. 1819: 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 ORDINANCE 52002 – ZONING ORDINANCE 52002.11-17 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. 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 ORDINANCE 52002 – ZONING ORDINANCE 52002.11-18 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 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, ORDINANCE 52002 – ZONING ORDINANCE 52002.11-19 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 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 ORDINANCE 52002 – ZONING ORDINANCE 52002.11-20 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. 1920: 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. 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 ORDINANCE 52002 – ZONING ORDINANCE 52002.11-21 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. Subd. 2021: 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 ORDINANCE 52002 – ZONING ORDINANCE 52002.11-22 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. 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. 2122: 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. 2322: 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. ORDINANCE 52002 – ZONING ORDINANCE 52002.11-23 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. 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. 2423: 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. 2524: 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. 2625: 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- ORDINANCE 52002 – ZONING ORDINANCE 52002.11-24 commercial speech over any other non-commercial speech. This provision prevails over any more specific provision to the contrary. Subd. 2726: 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. 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. ORDINANCE 52002 – ZONING ORDINANCE 52002.11-25 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. 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) Notice of Violation/Assessment of Costs. Notice of any violation of this 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. ORDINANCE 52002 – ZONING ORDINANCE 52002.12-1 Section 52002.12: 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 in Residential Districts. 1a) In all residential districts dDetached accessory buildings shall be located in the rear yard. 2b) All Detached 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. 3c) Detached Aaccessory 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. 4d) Attached accessory buildings and structures shall comply with the setback regulations in the respective zoning district. Detached accessory buildings shall be setback a minimum of ten feet (10’) from the rear and side yard lot lines, except that on corner lots shall have a side yard setback of twenty feet (20’) feet from the property line on the intersecting street. Accessory buildings shall not be located over any easement. Accessory buildings which do not require a building permit shall 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 shall 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 ten (10) 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. ORDINANCE 52002 – ZONING ORDINANCE 52002.12-2 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. 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 and R-4 districts no accessory structures, excluding decks, porches and patios but 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. j) Within the R-1, R-2, and R-4 districts no lot may have more than two (2) accessory buildings, excluding decks, porches and patios. k) Accessory building of less than fifty (50) square feet shall not be considered when computing the limitations of paragraph i. and j. above; but the combined area of accessory building of less than 50 square feet shall not exceed a total of 100 square feet. fl) The same or similar quality exterior building materiel (such as siding, shingles, etc.) shall be used on the accessory building and the principal building. m) Pole barns and/or post frame construction and hoop tubular frame buildings are prohibited. 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. ORDINANCE 52002 – ZONING ORDINANCE 52002.12-3 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. 4: Swimming Pools, Spas, Hot Tubs 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) If access to the pool is via a deck or porch, then no access from the ground is permitted to the deck areas unless the property or ground access to the deck is fenced. Entrances shall be equipped with self-closing, latching and lockable gates, and be placed on the top of the gate. f) Temporary pools do not require safety fencing. g) All out door spas and hot tubs require safety covers; therefore safety fencing is not required. Subd. 35: Screening and Landscaping. ab) 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 ORDINANCE 52002 – ZONING ORDINANCE 52002.12-4 acceptable vegetation or landscaping techniques. Prior to any turf establishment, the portion of the lot to be established with turf must have a minimum of four (4) inches of black dirt as a base. b) Grass and Ground Cover. 1. Open Areas: All open areas of the site not occupied by building, parking, walkways, other permitted structures or storage shall be grass or approved ground cover. Ground cover shall be planted in such a manner as to present a finished appearance. 2. Undisturbed Areas: Exception to this is the undisturbed areas containing natural vegetation, which can be maintained free of foreign and noxious materials. c) Minimum Size of Trees and Shrubs: The following minimum standards shall be required for industrial, commercial, institutional, public/semi-public, and multiple family residential uses: Overstory deciduous trees - 1 ½ inch diameter Ornamental trees - 1 ½ inch diameter Coniferous trees - 4 feet tall Major shrub planting – 2 gallons d) Performance Standards. A landscape plan must be submitted with each project and such plan must be prepared by an experienced landscape person. In order to achieve landscaping which is appropriate to scale with the site of a building and site, the minimum standards apply to all districts except A, R-1, R-2, R-4, and B- 1. 1. Trees: One tree for every one thousand (1,250) square feet of total building floor area or one tree for every one hundred feet (100’) of site perimeter, whichever is greater. A minimum of twenty-five percent (25%) of the trees required will be coniferous. 2. Ornamental Trees: One ornamental tree can be substituted for every six-tenths (6/10) overstory deciduous shade tree. In no case shall ornamental trees exceed fifty percent (50%) of the required number of trees. 3. Understory Shrubs: One understory shrub for every four hundred fifty (450) square feet of building or one shrub for every seventy five feet (75’) of site perimeter, whichever is greater. 4. R-1, R-2, R-4, and R-5 Districts: Minimum standards set above apply to R-1, R-2, R-4 and R-5 Districts in these instances: a. Double frontage lots. b. Anything other than a single-family home. ORDINANCE 52002 – ZONING ORDINANCE 52002.12-5 e) Credit for Large Trees. The total number of required overstory trees may be reduced by one-half (1/2) tree for each new deciduous trees measuring four and one-half inches (4 ½”) or more in diameter or each new coniferous tree measuring eighteen feet (18’) or more in height. In no event, however, shall the reduction be greater than twenty five percent (25%) of the total number of trees required. f) Credit For Existing Trees.The total number of required new overstory trees may be reduced by the retention of existing overstory trees; provided, that the following conditions are met: 1. Size and Species: Such trees fulfill the minimum requirements of this Ordinance as to condition, size and species. City staff shall decide the amount of the credit for such exiting trees based upon their condition, location and distribution in the lot. 2. Protection During Development. Proper precautions to protect trees during development shall be indicated on grading plans submitted for plan review. These precautions shall be included in the landscape surety. g) Maintenance: The property owner shall be responsible for replacement of any dead trees, shrubs, ground covers and sodding. h) Methods of Installation. All deciduous and coniferous trees shall be planted in accordance with American Nursery and Landscape Association standards. ic) 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. j) Double Fronted Lots. Double fronted residential buildings and lots adjacent to collector or arterial streets shall be screened. A fifteen-foot (15’) area for landscaping shall be provided. Screening shall be accomplished by a combination of earth berming and planting. Other requirements may be imposed on a case-by- case basis. The required screening must be placed within the fifteen-foot (15’) buffer area and designed by an experienced landscape person. k) Light Encroachment. The light from automobile headlights and other sources shall be screened whenever it may be directed onto adjacent residential windows. la-) Buffer Requirements. Where a business development and/or parking lot exceeding five (5) spaces abuts upon a Residential District or use there shall be a protective strip of not less than 15 feet in width established as a buffer zone. ORDINANCE 52002 – ZONING ORDINANCE 52002.12-6 Landscaped buffer must contain a fence or evergreen hedge. 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. m) Multi-Family Developments (R-3 and PUD). When adjacent to a lower density residential use, all multifamily developments shall provide a landscaped area within the minimum setback area. The landscaped area shall provide plantings within the setback as a buffer between structures and the lower density residential property line. n) Planting Screens. A planting screen shall consist of healthy, fully hardy plant materials and shall be designed to provide a minimum year-round opaqueness of eighty percent (80%) at the time of maturity. The plant material shall be of sufficient height to achieve the required screening. o) Screening Fence or Wall. A fence or wall may be used for screening when plant materials are provided along the outside of the fence or wall for aesthetic appeal. A screening fence, different from residential yard fence or wall shall be constructed of attractive, permanent finished materials, compatible with those used in the construction of the principal structure. Such screens shall provide a minimum year-round opaqueness of eighty percent (80%) and be of sufficient height to achieve screening but not to exceed six feet (6’) in height, except that in business and industrial districts may be allowed up to eight feet (8’). p) Earth Berms. An earth berm may be allowed for screening when used in combination with plantings following a review by city staff and approval by the Planning Commission. A height minimum of twenty five percent (25%) of the required screen must be provided with trees or shrubs or other acceptable plant materials. Earth berms shall be of sufficient height to achieve screening but shall not exceed three to one (3:1) slope. q) Waste Handling Screening. For industrial, commercial, institutional, public/semi- public, and multiple family residential uses, excluding townhome developments, all waste, recycling and related handling equipment shall be stored and kept in a four sided enclosure constructed of a brick, stone, decorative concrete material or a material compatible with the material of the principle structure. Subd. 46: 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 ORDINANCE 52002 – ZONING ORDINANCE 52002.12-7 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. 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 ORDINANCE 52002 – ZONING ORDINANCE 52002.12-8 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. 57: 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. 68: 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 ORDINANCE 52002 – ZONING ORDINANCE 52002.12-9 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 Ordinance. j) The City shall not issue a zoning permit for a bedroom or bathroom addition, or a ORDINANCE 52002 – ZONING ORDINANCE 52002.12-10 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. 79: 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. 810: 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. 911: 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 rentals. c) Tents, play houses or similar structures may be used for play or recreational ORDINANCE 52002 – ZONING ORDINANCE 52002.12-11 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. 1012: 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. D. On and off street parking of currently registered and operable passenger vehicles and trucks. ORDINANCE 52002 – ZONING ORDINANCE 52002.12-12 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. Subd. 13: General Building and Performance Standards: a) Residential Dwellings: All residential dwellings shall meet the following ORDINANCE 52002 – ZONING ORDINANCE 52002.12-13 design criteria: 1. All structures shall have permanent type foundations that are designed and constructed in accordance with all applicable provisions of the State Building Code as adopted in the State of Minnesota. 2. The exterior wall finish of all single family residences shall be similar in appearance to normal wood, stucco, stone veneer or masonry material. Vinyl and metal siding is permitted with no exposed fasteners and overlapping in sections not wider than 12 inches. Sheet metal siding is not permitted. 3. All roofs shall be covered with materials as approved by the State Building Code as adopted by the State of Minnesota and shall be similar in appearance to asphalt shingles, wood shakes, slate, and concrete tile. Sheet type metal roofing is an approved alternative provided all of the following are met: a. A metal material which is an approved type in accordance with the State Building Code. b. Be standing-seam profiled metal. c. Constructed of corrosion resistant material or have a corrosion resistant coating. d. Have concealed fasteners. Subd. 14 Development/Site Plan Review. All site and building plans for multiple family residential, commercial, industrial, institutional or public/semi-public uses shall require review and approval by the Zoning Administrator. Plans shall be prepared by a qualified and licensed civil engineer and architect. 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. Four (4) 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. ORDINANCE 52002 – ZONING ORDINANCE 52002.12-14 b) Name and address of developer and/or owner and engineer/architect. 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. 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. 4. 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). ORDINANCE 52002 – ZONING ORDINANCE 52002.12-15 c) Typical floor plan and room plan drawn to scale with a summary of square footage by use or activity. 5. 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. 6. Screening of heating, ventilation and air-conditioning equipment. 7. Landscaping material including the location, type of plant and size. 8. Utility Plan showing the following: a) Location of hydrants, valves and manholes, if any. b) Location, sizing, and type of water and sewer system main and proposed service connections, hydrants, valves, and manholes; or, c) Location and size of proposed primary and secondary on-site treatment systems, when allowed. d) Storm sewer, catch basins, invert elevation, type of castings and type of materials. 9. 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. 10. Any other fencing, screening, or building accessories to be located in the development area. b) Design Standards: Plans which fail to meet the following criteria shall not be approved. 1. The proposed development application must be consistent with the St. Joseph ORDINANCE 52002 – ZONING ORDINANCE 52002.12-16 Comprehensive Plan, city policies and plans, including: i. Land Use Plan ii. Utility (Sewer and Water) Plans iii. Local Water Management Plan iv. Capital Improvement Plan v. Transportation Plan 2. The proposed development application conforms to this Ordinance and other applicable City Codes. 3. The proposed development shall be served with adequate and safe water supply. 4. The proposed development shall be served with an adequate and safe sanitary sewer systems. c) Review and Required Fee. 1. The Zoning Administrator shall forward copies of application and site and building plans to the appropriate staff, consultants and governmental agencies for review and recommendation. The Community Development Department shall perform a review and approve or deny the application. The Community Development Department may also suggest conditions as they deem necessary to the approval of the site and building plans. 2. The applicant may appeals any denial or decision by the Department to the Planning Commission and City Council according to the appeals process in this Ordinance. 3. The Community Development Department shall provide to the Planning Commission and City Council reports summarizing submitted site and building plan applications and outcomes regarding approval or denials as they occur. 4. Fees payable under this section for site 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 ORDINANCE 52002 – ZONING ORDINANCE 52002.12-17 review. Such escrow or letter of credit shall be in the form approved by the City Attorney. Subd. 15: 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. b) A copy of proposed covenants and/or homeowner’s association agreement (s). c) 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). d) 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. I ORDINANCE 52(�—ZON ING ORDINANCE I Section 5209�.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 it �-} l u��nli�,�i�c��l':iu�� I I��i�n�� fZcsi�l�ntial District --- -----_ --- - R-5 Supportive Care 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 tllat 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 I ORDINANCE 520A�—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 Allevs. 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 Zonin�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 52(�—ZONING ORDINANCE � Section 5�(�.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. fl Nurseries and tree farms. I Subd. 3: T T�o� T T�aor c�o�;�' C"onditic�nal Use;�. The following uses require a �ies�a� Ccmditioi�al 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 fartns. 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. � 52UA�.26-1 I ORDINANCE 52(�—ZONING ORDINANCE d) Institutions of a religious eleemosynary or philanthropic nature. e) Churches, religious ar charitable purposes. � 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��^*�� '.''' ��'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 vard 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 I Sz09�.26-2 I ORDINANCE 5209�—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 .� 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 .�setbacks shall be not less than 40 feet in width from each building. Subd. 8: Hei�ht 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 Covera�e. No structure or combination of structures shall occupy more than 30% of the lot area. Subd. 10: Signs as re�;ulated within this Ordinance. _�e�c+�a�+H�: -��l�:�;+�f�4��=e��ter- ��z��t.�;! �;� i��+�zi��„�;!. �•��e��-�€#�e��:��tik��+e:��a€#ie�-��tE�-�t�o�� ,�ii „ „+�,-,,, �„ ��,o jl.. , . i� �i, 4�1 �{ll �,I,i�1� � �. �� iiil�i iiiiV' r;i�ii'i� (�i�iilliili, � � I��,;'�'1.�4: ��L.o (r.4. . J�'., . ! � . .'j:l'�. ii[i :IE11i . � �ll�it � . �� . ii� . � �. �li(i . . i .r��i � , �.. '�It;�� .. �.�'V� t�i � O�t��` �`. 1 1 S!. `f' . � � t �-ll It i � . � t•I I 1 � 'ii(.' j'��iiiV{�1�, ;Il 4.�. ,II� o.l� ,+.• ,il ;t�� ,tl� +I� l2 ��.�.1�..+ "I'1� .L„lo 41f� . OE�l'�'r3��E'�:��1}� i)�-- -�&.�E,';ii i;�'n'v;-T�-��E'i�3i}�;;;;Tr'r'r� 4j-ii��?�-5��-}��-4�?�-$E-ltj F{�14�ic1zTc�r'r��--�r�cc�-�c � 52U&�.26-3 I ORDINANCE 5208�—ZONING ORDINANCE , _��t�}��i-tit3. -��1Ci-�tt�-.,;,,,, r;,,,o ,.+'., ,�,�,-r„L.l.� ,,,-r�,.��.�,,.-.,,-., �, � 1�� s��tl t�z� �jrv��,Ty, e�eep�-a�:��e�=e��e�--��#ere�-s-��e�-te€e�y=;�n�'�� . �.a�er�a,,,- . „i., �f*o,- ., .,i;,,�};,,,, �,.�� ,00„ � ,�� f�„- �,,,,�+;,,,, �„a ,.��„o,,,o.,� . _ �c�. . . - , � !)�� ?�]at��f��1 �1�>��ta��-�' . �� 3t}��-&i'E�}E`ff,'--S�-��E3 �1�E��*�a—�-pvr�L.mvic�i-b-"T'rp�' ��E11�t�-E}��--f�h�i, i„ *b,o „* +1,�� l �,F., o,-�� „+.� ��t, o �lllti}}3E'S?;-„�,+,v. o�1�,,,, �.,,�, ,��„-��1,1�, � , 1,� 1�,�.,��0.1 .,,� �1,�,� ,.o.-+.. �+ ,� o ti.v,o _.—� �`_,-.�.,,�.a T.'.�„lt !`;,-�.,,;t I,�to,-,.,-E.'�P.}��. Tr�'ic, ;,��o,-...,1 � .�f.,.. :11,,,,.:,,.,�orl fSiiit�ikii� ; , �. , ., �lIY3(i'C�E'.� �l'v. '�i�ttl.fli:l �i'iU�l l;IlCllil ill�l'1��)I�t'lF'.Iti. �) 1-at�iir;iiz�� C��>��E�:;. 1 �,t��•i„�� ;�;��l�; ;��,��E� 1�, �uj��;l�� J��i� f�� t�c��tzil�le t�t. .��i; ;�urj� ,. , ,<< �:_� _ . �,� c„�.a:�,:�:�� r,o.,oi„ o.,. c: ��s. �r�`. ��e�Ze�c�:Ze�t--e�e�t ��I��cl}�-�:�� , I , ' . � ;��;�� , . , ", , � �. , ' I�- e e }} , , `'f'�t � ��::1. �+1E1, � �l,.,ll „�,♦ l,o :11,,.,,;,,.,+o�l ;\ A.,,.L,.,r� A,��.1„�,-� F�,r...,.-��1,10 .,,-to„,.�,�,-�,-., � �L,.,11 l.o �„l.:o,.r +,. �`�;it3`�'t' � '�}� � � . . �,. � , , , � , �r�� '�}��re�ee� � ,. . . . , ,. �l �t�}i.� ��.,,;,,,�,.o ..t��:,,,,�. t ,i<<i:ii�' 4;,,-.„�l:*:�.,,1 ,�#:,.o ,�,-L,., � .,t;,,.. � l,i;r;�,�l �,FL;,,o„r 4,., � 4 � 52(�.26-4 I ORDINANCE 52(�—ZONING ORDINANCE _ _---- ----��+��,aE�ti��t�t�5 ��t�t�H�-He��4��te�1 «+� ��t+k��►t r�� 1 _ . .��I�,. , ii�"_'J' '� A,,., 1„�.�.,, �;,�� .,.l:.a��o 4�„-,��,l;t;��l �,�f;�.o�- � j� 'l; �� .� , 1,1. ��1. �-! f; il,.. � � � . ,r � ��';11111; � � �� `UI�, . � t� ,+llii �Ill, „�� c'IIHIUIII �� C�t . ��. ��, t ;1f11.'Il �,I�'11 �,{�ilt�� 4,� `•� •,:r�o,7 �,- ., .,rl ;,� �f;-t ��;�fe-��3i��E�-E�a�`s l,•�vc��'c'.'rc-'riic-E�i�t,-E3��et�e��i�"�r-c�'v-`��vn�'rc'i=r-�e-�'r'r-rc�uccs G if�t,o � ,-ol�*o� �„ � „#;�o,..1,;,.1� ;� rho �. `,U�))t'i'� 1��. � • ��E1t i�lE'�i1 t.`i34tf�+3 ` "��,��^�ccciv'r'r. _--c�i. ('��.,,.,�;,�.� �:�..,� �l,�ll L.o,-o„,�,.,o.a .�,;�1,:,� �o�,o„ f�I�t:L�'��H��)1�N1t}�;-��t-�-c�-1-d{��t-�3@�2l-)�-}El}}�H-`�1t�}��1��£�: �_ ._. _ _ _ _ _ - �-�rt}}j,��1,;��+�s�}� i,o ��. i.,,,,i, � ��:�r�„�� ,.F.,�.r lo..� rl��„ +;N�o., �1 c\ +�or +,•.,,,, �3(.i�j�i-tTC.. t�o,.,,L.1;.. .- ,rl,♦ ��- -- --t4r.-- !'�„ �,l�t�� o4'�L.; ,l.�v,.�' ��I� 4�e��e��iatt��1�i-��t,�=�#��-�: , , �:,.�� * ,r,,;.,.,,;,,oa .,,,a �,o�* ;,, �.,,,,,� ,.o��;,. ��,��t �a �t+��#, }�: ��+��e+��f�l. n�� _ �. _ --- --- �tihj<<�1 1;.� ��n��>��i{ t��j�t�� E�iE�t��•ti�>» ��#�ll�c��i�� I��i{€iii�� lo��.��c•rtf�t-: I Subd. 1 1�: 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. C„L..l 1�. Do,.,,l.,�;,,,. ,.4' A..*;..;�;o� A,7:,,,.o,,��,. �x7o�1.,.-,.a� e-€e�e��g�st-�"�""�eet�c�-a�9�ee�-s�et��e-�e�rr`tet��e „�+...,,..;,,� � .,+o�„�,.� ,.�„ �.,,;,a;�,. .,++,,,,�,oa �„ „ �,,.,a.,�:,,� ,.i„a;,,,��,,,* � ' �e�e�e�e�� . e�e€��p-�et�e� :.�o ��,,,.,,,.o �,��a� o„+;,,,,,,, a,.,.,.� „�a �.,,...,, , ,.,�o,.„ nt,.,,� r o Iao.,;,.o� ��,.,» ,,,,+�.o ,. �;ao..oa ,.,,;�a;.,,.� �}�k�e�e�e��l�cv��E�z�-;�-€eet�et��e��e��.nT�.TT2�1L �.4.-, ..4� ,�.�o .��« o.a .a,- �v .�.7 �.-4ti.o ,-�� ,F., ,.oL,;,.1� ,..-�.-.,;10.. � 5209�.26-5 I ORDINANCE 52(�—ZONING ORDINANCE s�ne-€e�e��g-a�c�' ��e�b�ec-�-�e-�A��ee�et�e-�� . , � �.,�o�.,..,� ��,,,.�,�o„�.,,.,.o,.;,,�� oa ; ,.�;,,,, , ,:+�. ;.,a„��..:,,, ,. ,.+• ,;+• �� 4. -rt,o ,. .,�.,.,,,.�:,,� „ „�o,,,,,,,.e „�„ �o�.+;,, � ,��o,,. � 5209�.26-6 � ORDINANCE 52(�—ZONING ORDINANCE I Section 52(�.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. I b) �E�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. I Subd. 3: Conditional Uses ' ' . The following uses shall require a �Conditional 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. fl 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 geenhouses. � 52(�.30-1 � ORDINANCE 52(}9�—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 Accessor�. I a) ,�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 � this Ordinance_ �n'' ,'' �„'�a '' 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. fl Home occupations��r co„�;,.r �n� ,� g) Accessory building(s) and/or private garage(s), either attached or detached,s�a�e subject to the �"��T��„�'�m�+�+��, ��a +'��general requirements of Section 502.12, Subd. 1. h) A pet shelter or a structure desi�;ned and used exclusivelv for pla�y children in which it shall not be considered an accessorv buildin� i) Signs as re�ulated within this Ordinance. . , „�.�,,,..,,,,..,rt,� i .,t,,,.,o �i,.,�i ,,,,� o ooa �o., ii m �e o�+ ,.�.t�o�,.�.,i i�� „ o � n,,,.o��,,,-.,t�,,:ta:.,R� ,,, ,��„-,00*�t,o �tt,,.,,;,,,�ao�;,.,, ��.,,,a.,,-a�• �. . I 52(�.30-2 � ORDINANCE 52(�—ZONING ORDINANCE n. T1,o o.,�o.-:,�,-�..;�L. ,�.,.+o,.:.,1� (�,,,.1, ., �;a;.,�. �L.;.,,.lo� o*� � �l,�ll�o > > ,�.;1.,,.: .,+,,,-„ .,�.,] , ,�l„«+,. +L.o o.,+o .-4:,.:.,1. ,Y,.,�o,-:.,1 .��+L,o,� �1 �� ('' Tl.o ;,]„ ..11n .,�'�b.o �+,., ,.+, ,.♦ o.a �o !1lll �o* „, 1,o�al�f �rn-i"rP`xi J�E�i„� .. ..to�� L..,., tl�o ., o o .,F+l,o.- ,��.,1.,,�0� `.��l,o I 4. v ,l., ;1,7; �+.-, ,.�„ o �l��ll 1.0 ��,-, ,.�o.a >1,.+,� ,.+,. tl�a*:,Y,o„�,.,�.��+,-,,,.�;,�.� ,.�tl.o.. �l 1v,:1,7;,�„�,� .,,L.:..l, :♦ ; o C A„ .L.,,;l,a;..,.� ..,�� ,.:f;..�ll.... .�„,;++o.a 1,..+]-.;� .. ,.L, .,1,.,11 L.o �. o 0 nroL,:L.:+o,a ,�lo ,�1.,, o,a L.. �l� ;� .,+o,] .��+,. ��,.o cn� n� n� � �,..�„ o .70 0,7 ,�,7 0,7 „1, ot.,F ,,lnul.. ,.1,;1,a,. �l,.,ll .,*l.o Subd. 5: Interim Uses. The following are Interim Uses allowed by permit based upon the � procedures and criteria set forth in . . this Ordinance. � 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 ageement will not be accepted as evidence of ownership. In additian, 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 50230,Subd.5 amended 4/08 � 5"�UA�.30-3 I ORDINANCE 52(�—ZONING ORDINANCE 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 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 50230,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 I 52(�.30-4 I ORDINANCE 5209�—ZONING ORDINANCE feet. Subd. 7: Setback Requirements. � a) Front yard setbacks of not less than 30 feet ii-om the propert lY iile s�s , 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. � b) Side yard setbacks shall be ten (10) feet from the property line, except tl�at €e�ke ��-�t�st�rr��ga�ge-e�ftsces��}-st�trc�tt��V�where the side yard abuts a public right of way, the side yard setback shall be thirty(30) feet from the � ��c�perty line. . 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 ''' ��-� shall �exceed 35 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. 9: Site Covera�e. a) No structure or combination of structures shall occupy more than 30% of the lot area. I 5?(�.30-5 I ORDINANCE 5209�—ZONING ORDINANCE 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 50230,Subd.9 amended 1/07 �� ,,, ._ } �;i��lr I�t:�il�ilt� I)ir;iris.�?�. tl�c� I��r{I;z�,�,�i>>�� r��y��irrna�i��ls �;dit�(1 ai��l�� t« ��Il �,i�ns: � ;t , � ;>>��.,-�,:,.�, �,.,.,o „ o , �„* �n>> �o*�,��t, � ri„ � ��,.,ii �.o ..i,,,.oa ; „�o,.;,,,. .,;,a� � ,,.-a . .i� .�. . .�i:' �. .�� ir� ��Iit�l:�ii i�ii' � � .'i. ..i �. � t_�i ,:�fiV�t� V�('i�l�ii�l'iiic'iii.. - , ii . ��_ �: i �� . . �� . i��. � 'i�- �;� i . . , ,�<iA � i':i'. � ��it'�ii . '7 111,..,,.v,n4o.7 �, !.� .,I1l..,,o.a _� . � . I � ----�E�-i2E��}�T f-)#��91}S�,,o�� :�r„� �L,�11�'j�ci-im+tcccr{,'`3ff',f'��;.r,�� rl.,a,-t;�;.,..CF�3�"�� I��„i ��t� , _� �, f�.il�,;�; � �il��' 1,� ,��: , , ,�� < ..'�� , I � � . , , -<i�,<��;� i��': .�� . � . �. ��.�t .. -` .I)� . . .,i�li',.i , . . �� ... ��ii�< <4�' ...I�1�C�.�i �i i�)l' c�ii�l' �ll�t �l.' ��Ii. ili if'.��. . , � � F},.J I: :r,�.1 r„ .1I .+' \��''-��: }.. � ��..,,,�o c�io �. ,� � . � , ,�� riiC itiiii�_9fii�li , i ' � ik< ��<<i�;c ., ti.diiif.t i i. ., �� i �:.:ii' .i�.'::i Iii�.•= '�i��{kiii." it.�.� �, `•��j �1'ci iili'1' i� . �� ' . ,:I)1t'c'f 1H 1��E' ��.•11,..�,:.�,�,+ l_ r �,,,��,.,,r:.,,..,, ,�. �.o � ,;aoa ., ,,,� .�,o�.��o „f+t,o � � , . ., � „ << ,_ , , _.!� , . � �,: , '., , . ;� ,� . ,,�.I ��,�uf. I 52(�.30-6 � ORDINANCE 52(�—ZONING ORDINANCE i Id�+�-�-��eE��r - I Subd. 1(N-�: 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. If a certificate of occupancy is issued between the months of November and April, the 3 month period shall begin to run on May 1 st. � Subd. 1 l�: 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. C"�. Do.r„1.,�:�.�. .�f' A..+;..:�;o� A.7;.,.,o.-.♦ t�. �x7o+1�,-,a� ��ne-€e�e�g-aEt��'��s�e�-�e � �� eet�et��e�c-€�e�-rr`��s�ke �.,., „�; �+o ,.�„ �., ;�,u „��,,,.,�oa .,, � „a„*; ,.,,,a; ,.�.,,� e �� , ��i�e�e�e�. �,. o „�.�,; ,.�.� � ,. �.,, o�� „�,ie �.,. ��.�a� „+: „i a�,.i, .,a �*„ �*�. �+,.,,i 0 0 � ro o � ao.,:,.o� ��,,,ii �,.+�.o ,. �;av,.oa �.,,:ia:�,�� n�e�e��g-aEt�r;�.,�'��" '�� „'�:e�te-�--ie e�-set�ae�c�e�r��s�ke �+,., „�• ...o ,.�� oa a,.. ao oa �,..�.o ,.,. „�„ o,,;,.,o ,.�,. ;,o � rri,o �i�,,,,,;,,,, ,,,,�;.,;�;�� t,,,ii �.o �„�.;,,,.�.,. „ i nn �„� �o+i„�,,�_�.,.,.. , o+i„�a�. 1 Tl,o ��,-, ,.�; ..�o ..4'� oll o.a � ,1+„ �l af�.�� • � � oii io�� .,,� cn �o� ;� ao,.+t, 3 Tl,o ��,,..,,.o ,.F..,.,�+o., ,-o�,�o � ,-.,�o.a 1...;,,.a„�+,-;nl �, .,1 �. � � _ o „*' ;�' ucci=d�nicT I4 •r�.o .,F...,,.+:�� +a,,.,.,,.,, ,.�„ �o�+:,, � ,�*o,Y, � 52(�.30-7 � ORDINANCE 5209�—ZONING ORDINANCE � Section 52(�.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 this Ordinance. � . , . 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. I c) ��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. fl Licensed day-care facility serving 12 persons or less. Section 50234 Subd.2 amended 4/08 I Subd. 3: Conditioi�al Uses ' � . The following uses shall require a �iesi�Conditional 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 goup 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. � 5?(�.34-1 I ORDINANCE 5209�—ZONING ORDINANCE � 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. 1) 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. I p) Manufactured Home Parks, in accordance with this Ordina�lce._co,.+;,,,, cn� ,n Subd. 4: Permitted Accessorv Uses. a) Private garages, parking spaces and carports for passenger cars, trucks, recreational vehicles and equipment. b) Home Occupations��•• c��';�� "''' ,� 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 � this Ordinance,�m ,� c„�.a � e) Fences. fl Accessory building(s) and/or private garage(s), either attached or detached,� �e subject to , the general requirements of this Ut-di11a11cc. �vo�S� �� a„ti.'� , - _ � ____�______.___Si�;ns as re�ulated in this Ordinance. I 5209�.34-2 I ORDINANCE 5?��—ZONING ORDINANCE �. n�o ,.�., o ,�., ;ia: o ,,,�,;,�t�- ,.� o.,.o,..t,,, � �cn � � -rt, �.• a +�t,o i,,. a i, .+t,o l� 'i a• z�n�cvrnanicc�-arc-£rvi-cn�.--rv�cv�ci�-av��a�—uccc��vr-'�'L�-v"mzoing� „+1,.�.-:-�o,] ; „1....,,.., ,�L.� 1 .,1�,..,o �L.�11 ,�.,+ o ooa *o,� L1l1\ .. ..* ,�f' ucrrrivrrc 6nalna�--,. �.�..... ..... ............ ..,.. �..,� t,�.��... .,� +L,o+,.+..1 1„♦ � '2 A,. .1.,,:1,7:..,.., ,.�lo�� L,,,.. CIl � o�f o+ �l,�ll �nt_1.,, ,. �;,ao,.o,] �. � �e�i�-6�}?��ig��&�i6.' ,.�'"„L..' „io--�—f�i3��6�Z�;c�inc „��.;.,oa „ ,.�,,,.,.,.��...,�.,,:ia;.,,.,.�io�� t,,,., cn � o�ots�tL�,,. ooa „ +„+.,i ��nn � o �o�. o � 4. -rt�o .,, �., ;ia; ��.„ii �.o ��,., ,.�� ,. ,..,. „+�t,o „+: c n,. ,t.,,:ia;�,.� ,.�� ,.:�,.,,tt..,. ,..Y,:*�oa t�,,,f]-.:� .. ,.,t, �t,.,t� t,o �. o 0 0 ��.;t�:*oa .,io ,��.� oa i.. „+oa „*_� n,.a: cn�� 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 Reauirements. I a) Front yard setbacks of not less than 30 feet froin property line �„ �" „��'�'�� riR'�* �y�, 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. I 5��.34-3 I ORDINANCE 52(�—ZONING ORDINANCE 4. Where the street is curved, the line shall follow the curve of the street rather than to be a straight line. I b) Side yard setbacks shall be ten (10) feet1 exce�t that �-�� *'��M ^*��*��r� ��a �.,� '�' ��* �^� R �'��'a��R, �where the side yard abuts a public right of way, the side yard setback shall be thirty(30) feet from the � property line. . Section 502.34,Subd.66,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: Hei h�quirements. No building shall exceed 2�stories or shall it exceed 35 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 Covera�e. 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 50234,Subd.8,amended I/07 <I i ��`c' "�"';i-`siia;� � r�,.,,,��c-{��-}_}�_T��.. , � Ei;re�.+:.� ..1 �, „L.;�.L. L..,..o ., o � 1'�.�t /!1'\ �,041..��.1� .�1.. _ „ .<t�� _ .,� � r . . � ..r. .. . , , � .� I,� . i�l;. , .I� �� .;I_�I, I!1, , �, . � . � ;'ri �I1 ��._�.i� illi Il(' �: . il�� I 52(�.34-4 I ORDINANCE 5209�—ZONING ORDINANCE � )i� ttH-1� ec� � .i � .i � . ;ao,,.;�,;,,,. „ a..,eii:.,,, , ,;* , ��oY_ � �f�- • ,., ,.i, ,a: ,,.o *t..o „a .,aa.-o „+*�,o�,. ;t�� a��µ� �,. �� . �>>.�,,,��o,ro„� �++-,.o� 1� c. „i, �,,,�i i .-� o o „c�„ii f� o �� o _ _ooa: ii��;'I�C'�ii�� -�� i1�1� ��)� ,`;i�Uili�� l'l'l. ?. �Il��a I�ei;��4�� ;��t{�E, si�� .I��i!! �� :I e;��c>r��iE�� tit�ht #t��t (?�;') I �,,.a�,..,,.;.�,�„ ,�+ l.o.. ,:,7�,7 ., „� tl,o 1,.,�0 „++L.o � . �',�ii. -�: Ti,o �,.,+,-,,,,,.o�,� ., ,70 1,,..,,,o.,t �1,�11 l.o ., �*l,�♦ �l,,,r� � .,llo,.�,�.-., •ro 1 ,7 t;-rcmrri-ci�cr. � ;„o o :,7o.�+;f;��+:,, 4'�. o ..1, ,1�:.,10 0 :rlo„*;�1 ,�la ��::',�:,i , ; . . i�i'-:;' I �'i � i i}i�;{i� �.�i�i � ,�u.. . . • �I - �i • '•iini� i��l`�+ . '-lli �, ti��:; i.�'i t_''�i�l'� �I:��:� ��)i �•i�IIiISi� �il,� �lt`��`�b'-k�'-[H�, ,t�, .i t, �,1 1„� �ar'u �-�-�'E.'� i�-�7.�„1.10 �..�.] � Tl,o L.e �.l,r ,�4'*l� �l-..,11 .♦ oa oialzt foor I4�\ _ . i.iiii(�:,i'il�l �+ l.o �;rlo�l .��7 41�0 1..� o�Ftl�a� ! � ,�* �l,�ll L.o ,�lol.. 4;,-.7: ,,1� : tho o „f�1, .,.-�.,,o„♦ -T. �.,I�,�ii i:l;{i� , cz,v ��..Y...�....J,.� l�� ci) �-,�i� n�o .,ii �.�,�ii �.o „ii„ oa �,-+t�o o �� . :a ,,.;�:,.,,+:,,., �CtVVI lll�:llll l l VUII Vll. �,.,.1, � „� o ooa t..,ol„o /1�\ � o �ot �3 �,�� . .,i n ii v . * a ,,.,a i,o�� ; „a .-o ��"��-�€ , . ;'II:': li, :i , � 'I;� ii, r-2, :la• ►„ o,.+„ I Subd. ��-A: 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. I Subd. l(}�. 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. c„t�a i�. n o,r,l.,�;,,,, ,.�' n,.�;..;�;,,� n a;,,,.o��+„ �x�o�l��d� � 52(�.34-5 I ORDINANCE 5209�—ZONING ORDINANCE �lczvxivw`in E� E��9-ft-��-�9�5@tt7tY••Lc�nvrrrdPc+rifH�l�"'.�T-nc �� lf�l�e-s� � � • � , o„i.i„ ��,.,.,,,�o ��,oa� o„�;,,�„i a,,,.v� .,�a ��,,,..,.. . .,,�o..„ �+,.,.i � ro 0 ae..;,,,,� �i,,,ii ,,,,.i.o ,. �;ao,.oa t,,,;ia;.,,�� '��T�� ,�n�et��i�e-s�ec�-�e-a-,"�5�ee�-set�a^'.��e*'^^�� ....,,..:,,., „ „+o,,,,.,,.o„��,,..oa a,.;,,o....,�,� „ � ao�;,,,.oa �..��.o,.,,,.i,;r,. „�„ .,o�.:,.io ,..,.,,;io,. �n�ee�t�ttEt�e�-e��e�se-e€-a-�j�e�l�s�e��'^�r�� .,+o....,,, �.,,,.�,.o„�.,,,,*o,.;,,�� , o,� ; ,.+;,,,, . ,:.�, :.,a„��ri.,, „ .,� ,. ,�„�„ 2 Tl,o ��,,,-.,,to ,.F.,.��o ., rofi,�o � ,-�� 1,.,;,,�„��,-;�l ., :�l �. � ,.�'..;�'o iroti-v-nic.r. 4. -ri,o ,. ��+r.,,..;,,., „ .,.o�.,.,,.o„�„ �o��;,. � ,��o,,, I 52(�.34-6 I ORDINANCE 52(�—ZONING ORDINANCE I Section 52(�.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 develop�nent where city sewer services are available. Subd. 2: Permitted Uses. a) Multiple Family dwelling structures ' �+''^" `"'�'"� �"'11''+" "'"'" L. 11 ,7 �� Dl ,7 T T '+ Tl 1 ,.+ !DT T7ll .,,.,7 ., ..,a;�;.,.,.,1 , o � uaa�a u v;..a.,�,�,a,a.ai �...�.J ��,�}*� a t, it t. C�i��e�e�-��t�i. Di iTl ll,.a;.,,,�,.o� co,.+;,.� cm nn� o o,.�.t�.,* ��.� „�+., ��.,i�m ;ii �� ..i. 502.38,Subd.2(a)Amended 4/2004. I b) ��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. fl 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 Accesso .r�. a) Private garages, parking spaces and carports for passenger cars, trucks, � recreational vehicles and equipment. Pri�ate �a�a�es_shall meet the requi►-ements of this Ordi�iailce. rr�.��,.+„i �,.,,,. „ o��..;.,.,+o ,� ��.,,ii .,,.. � ooa �� o �o+� .,;� ,,.,a ��,.,ii .,,,.�.o�.;,.�,o,.+i,.,� ��oo� �,,. „�a ��,o ,,.,�v..:,.,. +�. �i, ;i,,,.�,. +�,o.. ,.�,,.,a �;ao� „ii ,,,,,�o�:,,i� ,.r ��,o . R-3 developments with three (3) or less units shall abide by � the R-�accessory building provisions, including but not limited to the maximum lot coverage requirements. b) Home occupations��r C��+;�� '' ,� � 5?(�.38-1 I ORDINANCE 52(�—ZONING ORDINANCE ^c j-oi6iu`TgG�tici��9�-s�9�g�6��6ii�@S�kE@�3i�3ciic-irJci-nrcn��irFmiccinrircc-vi �� 1 7 +; .-+1,.,�, l..,ll 1.,� 1,. .,�,,,7 . 66isrr6��6--&EE��6 � cr-crxcsrr-irgEl•FEk � .:+1,;,� ., .,,.,a ,�+l,o,-�1,.,., �t,o,- .,,-,7 � • �.��.��i6i'�&EE�36�•�3�3�'.�i��3a.�arr�cvr�'ri'zrn�crrcv cniJzvvi ..a �;,70. ..,11 ,Y,,,�o,-;.,1� .,,, �l,o,. ,..,1 ��,-.,..+,,,.o 4�Tuirro��E�H,•". AT,. 1,.+ �l,.,ll L..,.,,,,,, o+L..,., „ o /1 l ,]�,�.,,.b.�„7 ��iz : A 11 .70+.,�.l,o.a � o .,1,,,;1.a;.,�.� �l,.,ll 1,,,<.o ., �I.,.,« ., o ,.��,. 0 ooa 2nn � o�o� I c�) 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��*;�� n'' ,'' �„'�a '' �� this Ordinance. � de) Residential communal facilities such as laundry, recreation buildings, and residential leasing office. efl Fences. �___ Si�ns as re�ulated in this Ordinance. I Subd. 4: Conditional Uses. ' ' . The following uses require a conditional use pennit as provided for in this Ordinance. a) Public buildings, police and fire stations and other public buildings, except those customarily considered industrial in nature. b) Cemeteries and memorial gardens. I c) Manufactured Home Parks, in accordance with this Ordinance ��*;�� '' ,^ d) Uses which in the judgment of the Planning Commission and City Council are similar to those listed in Subdivision 2 of this Section. 50238 Subd.4(e)added in April,2004. Subd. 5: Lot Area Requirements. I 5209�.38-2 � ORDINANCE 5209�—ZONING ORDINANCE 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; 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 mare 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. fl 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 I 52(�.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. � 52(}A�.38-3 I ORDINANCE 52(�—ZONING ORDINANCE 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. 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. fl 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. When abutting a lower density residential use, the rear yard setback shall be a minimum of tifty�50') feet from the propert l� ine. d� Detached accessory structures and parking lots with more than 2 stalls shall be setback a minimum of ten (10) feet from those side and rear property lines adjacent to uses of a similar densit�R-3), commercial and industrial properties. Detached accessory structures shall be setback a minimum of thirt.�30, feet from ti�ose side_and rear prc��eri�__lines_adjacent to lower density residential uses. e) No part of the structure including footings, soffits, gutters or other overhangs shall encroach on easement areas. I 52U9�.38-4 I ORDINANCE 5209�–ZON ING ORDINANCE Subd. 8: Hei h�quirements. No structure shall exceed }'��,��3 stories or 40 Ifeet in height,��^�^+ ^� '��;^^��r^r^�,;a�a germing 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 inetal, vinyl, steel or wood." � . . — .—. I�� l; ��. `�,��iltit�le��;1�� 13t�,�,+��e�e��tr�}�tti��i:,tr�-r:: �tj>��I��=��al�l ,i��. � <;; , , . .�.?;i; 1, L',;,,,` „ „ f,,,,+ in�� o.�.,,,.�r i �.r„ � �i,.,ti �.o �i,,,,oa : „�o,-;,,,- �;�to�,""a � ��„ � ��,,,ii �,o.r �.oa ,,,, .�.�.. „�„f� �,.,;t,�;,,.z �t,,,ii „i.,�o+t,o :ao o ,-,� o + , �� "��. � i ii . � i- .i. { �i, ,�� ,i,� ,, �. . �_il'• •iiili� {ii :fC �� i�ii � Iii i� �. �,iii' i _ � �i�7t��'ici'� : l�l�i'•�.�il�l��t!r, _ . i'ii�'•iilil;'. i'I i��i?iii�iL' '�i'ci�� i.",�. � ' iii':.� t'lili'i�tl'ii�'"� '��i'iii��il"� ',�ii{ii �tt�t'�YC ��.'i „I�`� ... ;9: I11,,,��:.,�+o,J � o .�4 .,il,,...e.1 �. �, .,i'�i.�i .,ii..11.' , • 1 Q,.,.1� � �L..,11 1,�.,a � �.-+'.,..o ., .�+�11 f.�n�Y,�.r �, oorl;,,.r ., <r.i�,_'It':'�4(L' i){ �I�E" [G(ll � o F o� 2_. 1 .�.�r .� 00.7;,,.� o .Tl,f �ot 152'� i_. i .,,,.7�,..,,�;.,,�.� , ♦ l.o.. :,7orl ., .�,J ♦l,o L,��o �,4'tl,o r�� 4. Tl,o o„�,-�,,,.� +,� ., rl . .1 . „+ ..I,.,11 1,�, ., o+L,.�*�„r� � .,ll o,.r,..• �, ill�te'i�iiVi I�tiifr.�. ` �)R�' iti�'�f I��'F1t1�iCi1�11;�1 ;�I��li �t�I �'�iC�l Illt :'��1"-IC"�ltll'lilii'r� Ct��il�l�l'A l'i)i}ti1ti{}t?�.± H� � � �t„� /�� , �r,-.,,.r,..-�� I 5?U9�.3 8-5 I ORDINANCE 52(�—ZONING ORDINANCE i . __ _.- -�t�� . �1��t�e-��t++��}c�t-�c�t t�eeec�+t � � � � #=eet �. . . � +1�t�}� c�t��+e- �� ,��t3��t��e�� . ,.� . . , . , � �, � �:'� _. , , ��, , ,. , �.� , :�-ii . � ., ,._ f.i� . �iC:� u �;l.iiif �i�i iili'�rC i3i �� i i��ii. ��. . � , , i,.�. ..i • _ �S ��c.��o�v f�ir�.nr��nv.��«4��0 .� o��4�o n..nv4w.or.4 �;`.. �x�„ii c:,;�, n„o.,,�ii � �i,��i ho �it�l�t f,-*t,o � „f�*,-oo� ;ao„+:�;,.��;,,,, ,ii ;�i�t „* e oa ., oi. o �i�� o �o. - - i�� . t n it + ' +.,;., a t * . a . . _ _ cG�}6ao'-ar-�-m��H9-i=r0riiiuiii-mnrE,'' "a-iccpriii-`g�'c�vaTcpmr-orzir-rron . -VR . . . ill�' � 11\� f�Ul�(�iii�' �li.",j`,i.'t'il�i I Subd. 10�: 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. C„1.vcrv��G�=e�e�i�ei��e��eH�eH��e��ii�o,......'�-�ve-rs.iuec�-cn=r`c'r�rcne � • ��l u,,;i,]:,,,.1,.,.,,+:,,,, ,,,, �i,o 1�,* ,l,-�,.,,,_r�_r��lo � • l.\ �,,:1r1:.,.� olo.,�+;.,,,�• �-�,�,t ,�ds�.do > > � . ,.\ �,,;l,a;.,,. o.,�o,.:,,,-..,.,to.-;�1� .,...1 ...,1.,,- .al T .,...,�;.,,,� .,F;,�,.,,-o�� ,�d_�v-� ,�+� � c; i„ ��' ��_a; l.l D.,,-L;,-.,' .,,.,1 1.�.,.a;.,.. „ ;.ao,.�;�o.i I 52(�.38-6 � ORDINANCE 5?U9�-ZONING ORDINANCE i}—�t•-ai��ge��# �� a��r �n�s. � • �.� T �a� „+o „� ,.�„a: ,..�,o �,. „+: �. „�ri��f�.� �� o 0 1L �:..o t,�.a,..,.,. „�a �,.o i„�o i,.,.,,+;�r� r� n a� .�+: ,.�.. .,t,;,.t, �t,,,it t.e �ao *t,o �t� „a„ .,.o .,.7 « o.,.;�.,�„1 „ � +„ ,� ,,,.1., ., �:.ao,�� ,��*l,o�,,;1:.,, .,l A,. �.�b.o,-F ,-L.,,;1,1: +.�L,v 1�, �t� +b.e R� o R� o 0 .ao vl�, ,�♦ Y,l �i71 0., ,. o,a ,:,lo.....o ..F,,...�„.lo+:,... ,.�'T�T.,r;,.,,�1 D.�il,�f...,t Tl:�,.L..,,-,.o o ' �l;,v,;.-,.,+;.,.. �`..��o,�, (T�TDTI�C`\ ,, ,-.,-.:++;,„r,. .,.a/�,r+l,o f`�f�, ,.F C� T,.�o,.l. 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D,-o.,o..a;,�„ D.-.,,.,-.,.�. /C'\x7ADD� � T�„ ri;��o o ;a„ ,.�,. ��: :.�. �ao �i �+��o „a �„_nL�,.ii„�: �a � , e i„ �a ,i,,.: „i„a: �.,,. .,,,. i; ;�o�+,. ,.�„ ,.i, a, �+ �� . ,�� o� � e> > e�e�s-ai��3ei�� -rt,o i., ,.a„ ,.�,. ,.�'+,. ��; o ;*t�__ .,.v ��.,.,a,,,.a� �L..,11 l;o. .;�1. �t�„ ., ..t:...,.,* ,.,7 A�..,« .� 4:1:,�.. ., ,.o�:+:.,,, .- o�+:�.,. ,ao,.ol.,..,V,o.,+ . �. o 0 nl.,., « �l�.,ll ... ., F o ., ,..-,a;....+�, +L,o ��.L,oa»l�_o�t.,L.l;�l,o,a 1�,.+b,o r;�..r,.,,.,,.:i �� o .,�.io .,av..+�.: ,..• �,.ao oi„ „t-..i„ �t,,,ii �.o .,. �+„�.i;��.oa t.. „t,,.; „�tl��..r� ;i D,- .,+: ,..a ,.f'.,11 „1„ ..+� .,��L,o r�l a� „1,. ,.�,.1., v v o 0 0 �� 1' ,7 ,] ,a t, L. 1 +1. �7 1 £r:rri��ca-mia-cscaEHa@�-&�36�2�`'r�6-ve-E}��3(,�v�c�rpviiac� c-acv'crv�pci ,,.a .,♦ ., o�,. ♦L.o ,l.l; Tl.o � �1,10 ��tl�_�;,�. ,.��;1: p�f6�iv�l,'TLY,,,a.,l.le T,. .,.1.1:+:.,.. ♦,� �L,o .,1....,�, �o� .,,-.,] ;., +L.o ..+�l,o !'�;�.,: ,�F��;,..�.,t 4�0� 0;+1,,,,-l0.'.,1 0 0 ' � o 0 ,.� .,1 ..1., ,.�1.,� �+ �,l,,.a; n 1�,,,t,��f�; :+0,7 +,� o �� „ � . � .� �,.��.,..,,, �o� �a �t,o r;�.,��f:,.;,,i� ,,, , ao�,.�:� � � � � „�t,;o..�� ,.�.�,.i� ,,,.io��o., „�,.,.�a;. �,.+�.o�� o� � .-�„ �t,o �;.,.,t .,,,�:,,,, „ ,-0,7;. �t,.,11 t�„:� .L.o �...�. ,. oa t,.,+t,o r;t„ n F.,.....o., �. r�o o�� o�+ n�@�2ir. T� +i,o 0 0,,. „aa;.; „t o o ,1�.,+L,o r:.. ;+� .,+' .,+0,7 ,�,a/„ ,,,ao,a ,7, ,,lo ,�+.,+' ,.� I 52(1A�.38-7 I ORDINANCE 52(�—ZONING ORDINANCE �c,�e��te�rt-�a�-e�-e��fe��ta� , „ r� �*'�� ro,.f.,„ o,.�� ,,,,a�,,,.ao.,oi„�o,.�� o„*o,.:,,.,. „ ao.,o,�,.�...,,�� „ �� . , . „* ��,.,�� ,,.��,o,.,. o��,o„ ,.ao.>o�„�o.. � �,,o ,. 00 0 0 � � o � � fi&S�i��C�@E�E��E�'{�d�-�.cvcviiirc-vi irrcovcinTrc-icccci�i oa;+ . � „�+t,o r;�. ,.� .,i �,. i i noi ,.�„ti �� > > > > � � C"1.�: A.7.a:+;.,..�1 Do,,,,;,-� > > ,�.,+;.,., fl.,.,.a.�l�:,, o��. > > � �� . ,;11 1.,,; 0,7 C„L,rl 1�• D 1 �;,.,. F A +; '�;o A,a;., ��., �x7 �1.,..,7� . . "�ircrcrorr-vrzicr:�v=i�crc�-�-zcrJaccixr-cv-�rccrccrnrs �u�-�'ne�e�e,`'�-aEt��-s��e�L��ee�e�Te��et��,��c�vr�r�.v*ci�2C�: '�k� � � • > > o.,L.lo �+.,,-�.'o �1,0.7� o��;.,,,�1 a�,,.L� .,.,.a �+,,...,-, . ..,+o,.,. „�,-.,1 � ro '��n��e�e��c�' �-s��e�}ee�e-�'�5-€ee�et�e-�er�e*'�� „�„ .,o,�;,,,o ,.,.�,.,,;�o.. . , oii to�� .t�,,,. cn ��+;., ao,.�t, �. ��-S�6��6��'i-�S�E3E��E6ii�m=rccroirw�rm�'-'rr"nr'�'c'r"acinn-��r 2 TL.o �+.,,-�..o.,F.,.��+o ., ,-o�,�o �. ...,�0,7 1...;..,]„�E,-:.,1 ., .,1 �. o 0 0 ,.�; .;+' �v�cT 4. -r�,o ,. „��...,,.*;,,,, „ ,,.o.,�,,,.o „�„ �o��;,. � ,�*o,,.. I Subd. 1 1�3: 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 � 5209�.38-8 I ORDINANCE 52(�—ZONING ORDINANCE 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. I 52(�.38-9 I ORDINANCE 52(lA�—ZONING ORDINANCE � Section 52O.508i 4C�: 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/geenspace 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. fl Barber and beauty salons. g) Bicycle sales and repairs. h) Book stores. i) Boutiques. j) Business/professional offices. k) Coffee shops. 1) 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. � 520_S 1�.46-1 I ORDINANCE 52(�—ZONING ORDINANCE p) Government buildings. q) Grocery and drug stores, not more than 10,000 square feet in size. r) Hardware stores, not mare 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 ffl Other use determined by the Planning Commission to be of the same character as contained in this Subdivision. Subd. 3: ��C'�nditiunal Uses. The following uses shall require a� Conditional Use Permit . . as provided for iil 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; I 52U.5(�.46-2 I ORDINANCE 52(�—ZONING ORDINANCE 2. The facility meets all State licensing requirements pursuant to Minnesota Statutes 245A.02 and 45A.11. c) Motor vehicle service stations. d) Bars and liquor stores. e) Auto, service and repair shops. fl 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 Accessor.�. 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) sSigns as regulated in this Ordinance. ��+;�~ �n' , , c) Temporary buildings for construction purposes for a period not to exceed construction. d) Off-street loading and parking areas. � e��g��t��H�ee�t�O-6�+o,.;., „�c„�,a;, n ��i.' �, n a• C ��'�L„ST�VrCTr1T�GTiO1T��"rCl1TrCCIZG�i. 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. � 52Q.5(�.46-3 I ORDINANCE 5209�—ZONING ORDINANCE b) Side�ard 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 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: Hei_ t 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�S I 4O feet. Elevation for the building shall be determined by the average grade of the land. Sucld._7: Builciin� Materials. The exte►-ic�r surfac� of all buildin�s and structures must be constructed of one of, or a combination of, the followin�building materials. (a) Brick or face brick including textured, burnished and colored block: �b�____Speciallv desi�precast concrete units if the surfaces have been inte�y treated with an applied decorative material or texture (excluding raw concrete block painted ar unpainted or ceramic faced); ��____ Wo��d; �� N�tural ur cut stpne� _ _------------� �eZ____ Glass or an,y combination thereof; (t1 Stucco; (g) Pre-finished architectural metal panels when utilized for accent and/ar architectural components of buildings such as the entrv or entry appenda�e, a required enclosure or screen or architectural roofing as an intended designed accent (not to exceed 15% of the exposed wall area on any two visible sides of the building). h. Anv other inaterials approved bv the City Council after a review and recommendation bv the Plannin�Commission, including but not liinited to durable decorative synthetic material or concrete composite material found to be comparable or superior which mimic the appearance of other �proved materials. I 520.509�.46-4 I ORDINANCE 5208�—ZONING ORDINANCE i. Roof Materials. All roofs which are exposed to a view or are an inte�ra_l part of a Buildin�'s aesthetics will be constructed only of coininercial ��r€� as,phalt shin�les, wood shin�les, standin�seam metal, slate, tile or copper. The Citv Council may consider ��reen roof options that reduce stormwater runoff and im�rove water qualit� Subd. 8�: Other Reauirements. 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. � n r ,,,.�, �e�� e�e-�-ee�rca��e�eEe��re� .;�� .o; oa I Subd. 9�: Site Covera�e. No structure or combination of structures shall occupy more than 90 percent of the lot area. �: £'r1�-�ts-. lt� t�-��e-r}tt�t��ttstt�.�-��ttef. E�e��et�e��tl�t�N�t�t{�t�:T�l��e�a�l��r3s: ��1 #��E�iia��;. �} . i:.' , ;��, .. . . . �rii� ii:i'� i �. i�l �i . , ...i� . . „ . i �i)� ..li�,!!t' iC�i�i �l.'i i, ';., , „ 'I�! :il� �_Illl1 +�04 ��. .l�l�. F,� ��l 7 C.,..l, � .,t ., ,7;,-o,.r:,�.,.,t � o�.�o�a ��nlu.,., �l�o« . o ., , o o „�. `' �'�I<;�3 1�1C �tb�: ��`c. .,,1,;..1, �L,o �:,.., ,-ol„ro� :�. ,.,.,�r],�,.ro,7 —�. �E��#��1�� 1.,, o ..l,o o+`. o o .,to ,� ,�.a; �a. �1 � ,.. , , ., }� � � I 520.5(�.46-5 I ORDINANCE 52(�-ZONING ORDINANCE � �, '�+ a * a' , i ,,,�' ,:,�, „i t,,, �t�E'��-�t�t�i�-�?H$1�1��Hf3��ht�33-}}3�-��Cnin:�i�i, «�uiop�u� � j1'N . � �� . . . , ,;F- , . �il��', . . �% + �., + ��;� 7 ♦ �l� „ro �1,., .,11� ,.a ,L.,a: :,7or1 ` ii� iii,i �i.i,i� i.� i;�,F�' . . ;; . � � i � I, t � I}�. i;.�l��..�-. ��:;�,� ;��I� il��. � ��'�� tll � �;'�'� ,� 1C'�tll �;`I �;.� :�. .,, ., .��:�;�,�lt;l '�� .,, ��_�-.�„ t ',�ll I;l'L"��:i?i1�111" }�il'.Ilil,•�`, � �";�i'. �-��i�� S:' �i1El<I.`.t.'ii�;l':� ill�tllfill� j�iC �)ii,`;�:. � i t; � . ;n- ��2E�7:., o o.,♦ .,f'�l,o R,,;l.l;,,�r r''.,rlo „ '.�1� a,ti,i o . „��,in:�nnc � ��.�i'FH . .. i;}- n a.,o..�:�:,,,. � .,1,,,, � �t,�ll ,,,,* t,o�,o ,�;��oa , , ��' tt�� i • ilill� II�;{ �ilt_��:i i �I�l;l\l' i�'1:' �. ,`; r i . � 'i�l' ! Il' • ,�,li �i;,,<,,, ii:v� i':;':';'t�l ; I!�' :�i.jliilf.' �itl;� �;l'I� illit'ii� �t�l �i�£tlll �lil�� tll ,,. p� - .�.� ,. '�'�i.:� � , �1)— crn i i ��_ �.,.a ��,,.,..,o..,,oa 2��,�� ----��i�c�lFi�-�.—f��5 'r'cc^n-rrrcriir�$i}�E.'�cp*c--'i�rgc^,^va-icpit�r-vr-cirii^vrr . ��i} . . . . il�_ , . i;, il;,,s��: f��-i�r��:r. I c„t.a i n. r�o.,ol,,,.,,-.o�� nl,,,, v o,,,,;,.�,o�� n ii ao.,�t,,,.,,.,o��,�t.,�� ,.. ,.,�t.o �„t.,,..;��oa .,, � � • � � Seefie�39��6$tt�'n,.....,.,a,a i nii n � • > > • �\ �,,;1.7;,,..o.,+o.-;�„-,,,��0,-;�1� .,,,a �,.,1�„- � 520.5(�.46-6 I ORDINANCE 5209�—ZONING ORDINANCE � r,, ��o .,a ,.i:a �.o ,.�, �a oa ,,.o „i � �;,.,, i,,,.,,*;,,., ,,.,a a;..,o„�;,,,,., ,�� r ;,.�,+;,,,. �+,,.,a,,..a .,.,a t,,.,,a ao.,,:i �� c,.,.00.,;.,,,„��.o.,+:.,,. , o�+:i.,�;�„ ,,.,a „ „a;�;,.�;�,. o �� , i�� T �a� „�„ „i ,.i„a; n��.o i,. „�; *. „��„r� �a r� o. �'---�}�-e�ke�€e�t , oo ,.�.,,;ia;,,,. ., o o� .,,�,o i,.,.,,.oa ;., +�,o �� ao oi� �� „� �xn,o oa ;ao ,.�„ ,.io.; „��.r�*; ai n,.ii„+.,.,� r�; ,.�.,, o o � o �i• • +• � . +� /ATDTIL'C\ '��'., „ai ��, r�+., �� T o �, �im�niucivia-cr,:rc czTrriccnr rn vi crrc-ccrTv� c»v� 1... C�...�.Y. �x7.,�o,-D..11„+;.,.. D,-o..o.�.+;.-.,,, D.-.�.r,-�,n, lC�xIDDD\ \ iF.,,...1: lo ,:,]o,.,.,� ,�F,.,.,....1;.,.-.,.o . ,;�1, �.l0,-..1 ��.,+o .,.,.a 1.,,..,1 ..,�I1„*;,,,. .,,,.7 ' � � 1�.111\1 �G2-�c'�'l�`S--E�3(�F@�&t26�ii}E�ii��HH6�-�ii�2��6 �� ^ „Lo� ,7„�+� ,� ,. o -r�.o�.,,..ao� „��,.,.,.��..,. �i;,,�„o. ,;.�, ., ,,.v �+.,�a.,..a� .,l D o�,,,;,-0.7 L'oo/A..�.� „♦ 1 D., „+ Do 0,7 A,. �l; o�'�' , . 'i-c � ...1., �L,.,11 � ..,a; ..+�, +L,o ..1,�»l0 �+.,L.l;�l,0.7 1„>+L,o '� A.,,.,,,.,F L'oo� .� .�L.lo, ,,.a,,,.+L.:� �o.,�:�,., �r ao�,�l..,�,�.e..�..1.,., .- �t,,,it �.o �� +„�,i;�t�oa t�. „�„*: „�'�t,o r�st.,r,. :i D,.,,...,«.,�;.,., .,.,.7 .. ,.�.,11 010.,,,,..+� .,�'+l,o,- roa ��,�1,,...�.o.,+..1.,., 0 0 � £ci-i-i��E�-�E�-�SEi3�@.a .,1.., o ♦,.1.0 .,�+L,o .,lo 0 0 0�f'_r:, 'o o' o � �t��e�er�s��e t�rc,. ,�.�: -r�.o �o .,i,�o �f�.o+;,...o ,.��;�: p��+;,,., a ' �,.��,�a„t.i„ T aa;+;,,,, �,�tt,o t, � a ' *�.o l'civrr-isix�r.ri39 . irisc�rrrorrcvzrrc-av v o'vzcc��aira-iii�rrv .�♦ tL.o !'�;t.,; ,.��;,,.��1 �o�_,,:tL.o,.lo.T..l o 00 � � � � iiab vi `.� .,� r.�.� .�4�-.o n4 nl,,.a: ..�.,,4,-...♦ �: ;4o.a 4� � `•� " � ' a�-riv�-iizrirc� ..v� �.4., ...a ,ti.�: n4: 4�.o r�� ..4�, �,1..,�� w.ti., 0 4ti.o �,4. �7�.TRC� CI�1T47CFCTI�j�Z22G-R17EJTiGAZIT��•Z'iCClrf'GiZiro a1 u�� I 52�.JUBz.46-� I ORDINANCE 52(�—ZONING ORDINANCE � , „��.;o,.�� ,.t,o,.t, ,,..to��o..„�',.,-oa;� �,.��.o�o�o� ,. ,.+„ ��,o ��„i .,,.+;�� ,. �2�E�t-i6ii�A�-E�e'bL��e'b'�2�db�a"circJcri�'w-vi-icc�vr-Qi ,.�a;+ ��,,,ii �o;� �t,o �,-,,, „ ,oa t,.,�t,o r;+., n��,,,.,,o., �. r�o.,oi„_ o„� n e��tl�t�e��t-&�t�6�i��et��t r:�., „ ;�� G�t��&t3�6�'��rEi�E�ki�'s�E� !'�;�.,�l..,l�ii��cni, �i--ir�rv�z'l�-t�l�2-�i��--c'��t$iiiS�eE��e'bt��e � � > > ..oa;+ ;r �.,�,.„��t,o r;...: �+ o .,i �„ i i noi ,.�.,ii ,.,.�� .,+oa . .;.i, r;�.,�� .. „�.t,o ao.,oi„�.�,o.,+ ,.i„a:,,,.�.,,��„� 0 0 � , �r�e��e, �e��-a��i�= , o�.;.�,,,�oa i..,��.o � � 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. c„1,a i� n�,.,,t„�;,,,, ,.� n,.�;.,;�;o� na;,,,,a,,. �„ �x�o��„�a� .��+.-,,,.�:,... ,� ,�+o,,.,,,..o .,F., 1,,,;t.a;,.R ��,t�o.a +., ., �,,.�.7.,t:,..� ..l,,.a:.�..L,,,♦ � ' � • > > o.,t,lo �+,.,.,,,.o �L.o.7� o„+:�,.,.,1 .a.,�.L� �.,.7 ��.,.ti,-, , .��o.-., .,+«.,1 � ro 0 .7,,.,;,,o� �L,.,11 .�..,�l.o�, �;.70,-0�7 1,,,;1a;,�nr '��n��z�rg-a�e�r"�e��ee�e-�,�5-€e e�et�E��e�j��ke „c„ .,ot,;,.io ,.+,.,,;io,. � 52o.s_�.a�-8 I ORDINANCE 52(�—ZONING ORDINANCE � rri,o �i�,,..,;,,,. ,,,.�;.,;�;,,� ��.,,ii t,,, �„�.;o,.* +„ „ �nn �„� �„+�.,,,.i� �.�,., , o.i,,.,a�. 1 TL.�, ,. .. +.-. ♦' ♦ ,.�., . oll , 0,7 F,-., „1+,,,-.,l ; R�4;.�,, . � '� �'.,�o .,1 �+,� ,.F..�„+o .,1� o,] �.�; �+L. «.,7, ��,-..,1 .,1 ,� .F..�„ 3J. TL.� ��,� v „�. ��o o�, o o .,�o.l 1,.. .,.1, ��,-.�7 0 „1 ,.r' .;+' ucc'rv-�icT �. TL.o .. �+.-.,,.+:�... �, .,+�,.,.,..,.o ..�., o..*:�. � .��o,V, I Subd. 12�: 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 interiln use procedures set forth in this Ordinance. �fi�:�ese��l�� n� n�� „�.a ,, T.,+o,-;,., T T�o Do,-.Y,;� 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 this Ordinance ��''.n'', c„'�a ^ 502.46,Subd. 13,added 1/07 � Sz0_S(�.4b-9 I ORDINANCE 52(�—ZONING ORDINANCE I Section 5208�.549: 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 � 52(�.549-1 � ORDINANCE 52(�—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. � Other use determined by the Planning Commission to be of the same character as contained in this Subdivision. Section 502.32 Subd 2 amended 10/10(section subsequendy 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. Ib) Signs as re�;ulated in this Ordinance. _•,'�:^'� ��++'�� ^�+�ri� ��'C„i,a:<,:�:�., n „� t�o,.c+� 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. � 52(�.549-2 I ORDINANCE 52(�—ZONING ORDINANCE Subd. 4: Conditional Uses � . The following uses shall require a �Conditional Use Permit . . of as provided for in 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 ininimize 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. fl 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 � 52(�.549-3 I ORDINANCE 52(�—ZONING ORDINANCE 3. Appliance show rooms j) Recreational Services. 1. Theaters 2. Bowling establishments 3. Clubs and lodges k) Hotels 1) 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. I 52(�.549-4 I ORDINANCE 52(lA�—ZONING ORDINANCE 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. 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. I Subd. 5: Conditions Applicable to All � Conditional Use Permits. The following conditions are applicable to all uses under a s}�es� c��nditional 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. fl 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: Interim Uses T r�ao--T�*�rim T T�o Do...�,:+: The following uses shall require an Interim Use Permit as provided for in this Ordinance: a) Farmers Market/Outdoor Market—a publicly or privately operated, open-air establishment where agricultural or new or used projects are sold. � 52��.549-5 I ORDINANCE 5208�—ZONING ORDINANCE 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. 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. I 3. The Interim Use Permit shall be obtained through the interim use procedures set forth in this Ordinance. � T^�o^�, n..a:�.,�„o� cn� n� r„�,a 4—�t�e�i��s: 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. I 2. The Interim Use as a rental shall be obtained through the interim use procedures set forth in r••�this Ordinance_��''.�0��4 T..�o..:,,, i T�o D�...�.;� 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. I 4. Public hearings shall be held as set forth in this Ordinance,sn''.�� 4. Section 50232 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 Hi wa ��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 .�. 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. ( 52(�.549-6 I ORDINANCE 52(�—ZON 1NG ORDINANCE e) Rear ,�. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a residential district. fl No part of the structure including footings, soffits, gutters or other overhangs shall encroach on easement areas. I Subd. 8�: Hei. t 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. 9S: Site Covera�e. No structure or combination of structures shall occupy more than 60 percent of the lot area. � Subd. 1(}3: Other Requirements. I a) Parking Lots. All parking lots shall conform to the standards set forth in this Ordinance. �'�^*;^r cm ,n All lots shall include parking controls and other landscaping techniques to improve their aesthetic quality and to direct the flow of traffic. I b) Loading Docks. All loading docks shall conform to the standards set forth in this Ordinance. C��+;�� "''' ,n 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 � 52(�.549-7 I ORDINANCE 5209�—ZONING ORDINANCE the principal structure, all other accessory buildings must meet the 30% adornment requirement stated above. d) Roof Materials. Gommercial Tra� de asphalt sllingles, wood shin�;les, standin = s� eain pre-finished architectural metal, slate, tile or copper. Flat roofs are exempt from this requirement. I e�) Screenin�. All heating, ventilation and air conditioning equipment, and refuse storage areas shall be screened � te) Li�g. All lighting shall be hooded and no light may directly strike County State Aid Highway 75 or areas outside of the development. � �� Stops and Curbs. Concrete curb to B-612 specifications shall be used for all automobile stops and for all drive and parking areas. I hg) Landscapin�. In addition to requirements relating to parking lots, the Development Plan shall show a unified landscaping scheme for the development. 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TL. 4 4� 4 �n ti.,,.�.a„-.n n44n`.ti.o� 4`. n �»r�ar�4»r� � ii}C�L'zmir�t-H8t-t3iii��E��6� «.,10 l., :1.7; �'., o ,.4'+1,: �.1, «1,,. .,L.lo ��., �1.�„7� .,+' .,1 ,]�.,.t� .�.a �7u� �" "�rriv4cccv�rvi-cc6c'�rrv��vcrcarioirur-cro �� ..... � � � 1 ,] l,.,ll .�,��L.o .. �;,70,-0,] 1.,,;1.7;,...� 1..\ Tl,o 4�11,...,:...,. .,,,+:. :F.. 1,.,11 l..o �„l.;o�.**� ., '7C �..� �0+1�.,,.L �..,..� . „�1.,...,a�• Tb. ♦ �' � �',. v,] ,a.-. �o ,�,] F T7 �v...�«uv«v..v. �..u�a...�a..sa,�� v. 1...�...�.. .....�..w j'� ... .,...�»., .,.� :a'__" _"_ .,l Tl�.o �11.....:.,.R .,..�;..:+;o� .,l..,ll l.o �„l.;0�.4 4�_., i nn �..+ �0+1.....L �-..,Y. �+�5 � 52U9i.549-11 I ORDINANCE 52(�-ZONING ORDINANCE , -rt,o � „��,.,,,.+;,,,, „ ,,.o„�,,,.o „�„ . ,oii , oa �,. „ „i+,,..,,i ,.,,�:,,� .oii io�� t,,,., cn �o� ;r ao,.��. � • '2 Tl.o �*�„-�.to.,�.,,.,��o�, ,-o�,�o �. .-��o.l L..,:.,.7„��,.:.,1 ,. �. o 0 �l ,,,.�;.,;�;o� Section 50232 Subd 12(Interim Use Pennits)removed � 5��.S�-I2 ( ORDINANCE 52(�—ZON ING ORDINANCE � Section 52(�.584: 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. fl Financial institutions, including insurance companies. g) Florist. h) Fruit, vegetable and meat stores. i) Government buildings. j) Grocery and drug stares. k) Hardware stores. 1) 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. � 52(�.584-1 I ORDINANCE 5209�—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. I Subd. 3: �C:onditional Uses. The following uses shall require a�ee� Couditional Use Permit as�provided for in'��a ^^ *'��rr^^��'„r�� * ��*'� :^ co,..;,.r cm n� n� e€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. fl 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. I 5?(1A�.5 84-2 I ORDINANCE 52(�—ZON ING 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 Accessor.�s. 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 �� `��I,�i. � -t�tl�i. ��<<�; of tl�is t�r�iin,ul��•. � 52(_�.584-3 � ORDINANCE 52(�—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) Propertv adjacent to Countv 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 ,�. 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: Hei t 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 Covera�e. No structure or combination of structures shall occupy more Ithan 60 percent of the lot area. Subd. 9: Other Requirements. I a) Parkin�Lots. All parking lots shall conform to the standards set forth in this Ordinance. ��*��~ ��'' '�. All lots shall include parking controls and other landscaping techniques to improve their aesthetic quality and to direct the flow of traffic. I b) Loading Docks. All loading docks shall conform to the standards set forth in this Ordinance. �'��+;�� ' ,� C„"a �. 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 � 52(�.584-4 I ORDINANCE 52(�—ZONING ORDINANCE 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; 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. dZ Roof Materials. Commercial �rade as�halt shin�;les, wood shingles, standin�; seain pre-finished architectural metal, slate, tile or copper. Flat roofs are exempt from this requirement. � e�) Screenin�. 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. I fe) Li tin . All lighting shall be hooded and no light may directly strike any streets/highways or areas outside of the development. I g� Stops and Curbs. Concrete curb to B-6l 2 specifications shall be used for all automobile stops and for all drive and parking areas. � I�g) Landscaping. In addition to requirements relating to parking lots, the Development Plan shall show a unified landscaping scheme for the development. *'�� c„'�a , , ��this Ordinance. �..1� �,. �b..,ll 1.�,��,] .,11 L., ;lrl; •, l•�c i�i-c-ir-wrcmva�^cc-v=-vw'cipisixc7 .;11 L.o : 0,7 C„l,.l 1!1• Tlo ol,. o..♦ Dl., D„ ,-� „+� A 11 ,ao ol,. o..+..1� ��l.o �1„4,;*f�l_� � � • � � A.7,,.. ��«.,+., � • � 52(�.584-5 I ORDINANCE 5209�—ZONING ORDINANCE i.� �,,:ia;.,,. oio.,.,�;,,,,�. �.,,,,� „a �;ao > >Y� • ,.� �,,:ia;,,,� o.,�o,.:,,..,,,�*o,-;�i� .,,,a ,.,,i�,. .a\ T ,..,,,�;.,.,� .,�;,,.�,-o�� „rl o ,,4� fl C:..,, 1,,,.��;,,., �.,,a a;,Y,o„�;,,,,� l,\ D.,,-L;.,.. �,,.a l.,�a;.,� � ;ao„�;f;o.a ;\ Tl,-.,;.,.,..o L,.,+L,o, .,4'�.�.��,.,.� �,��1l.,,-�. ,�+�,,,,-� � • l�l T ,,.�,7�,.,,..;�.,T,�,,,+v,«.,1 ; ..1,,.7;�,,.+L.e 1�,.,,,+;,,,� �....� ,.f',.1,,,,* .,,,.7 � � �. ll L':.-e l,..a,-.,,,♦ �.,.7 F;,-o l�.,0 1.,..�+;�,,,� ,�,\ i T�;1;�..1.,...,�;.,,,� Y,\ A.�..,.�L,o«F�.,.,:.,.. ,-1.,,:1.7;,,., ., � �,.L.o 1,,,,.,to,7 ;., ♦l,v � � oo �� o 0 � (.\ �xll,o„ ,- ,-0.7 ,:.ao„�.o �,4'...,,,,,,lo�;�,,, .,�T�T.,�;.,.,,,1 D.,11„+.,..�71;�,.L,.,,-,.,� o � o C`�,....�. �7I7.,Eo,-D,.11„+:.,., D.-o..o,,+;.,.-. 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'TrrL.i .a o��r � �� l, 11 +'P, 1 ♦ ♦1� ,7'4' ..� �ri CTCS� G2rLZC 1T[C71T�2TA"rrj1T GCiGCC�LTI�G�iiCl1LI�'Il�:r fpr n n� nr�� /'�.4c��.T'RLC��11T��i V�i�CIIt+�r+��i'e'�1Tin�G211.� 1v ,-.4 nl..,ll �,rtL.o �4L,o r a�zvl.� 4L.o 00 0 0 0 or' re�l�i�'o� �,....;�1� ., .,�L,:o,-�� ,.l.o,.l, o ,�♦ ,� o „l�lo lo��o.-,.F 0,7:♦ ;,, �..,.,.,��l�o !'�:+., : ,�♦ o �1 ��, 1 1!10% �f'�ll ,.�.�+., .,�0,7 :�1� !'�:s.,�� ,��+l,o ,ao ol,. ,�* �.1„a; .,1.,,�,�,.� o e o � , ��e��e, e�rg�ee�i�ega�rsc-�tl t�t�r,� � ��*;w.�,�a '�•,*'�� r;+. �, ,.�, ,.io++o „�,. �a:� ��.,,ii i.o ��,o� oa �..,.�,o r�;+., n..,.,...o.. �i.,,ii �.o ,. �a;�;��oa , „ *�,o a .,i „�+t,o av„oi,.�,...o�. � � . . _ ,_. iil {{l�'� i�-� �_ii:liC'1'il� �ilitiillt:;�:ti , i :{P'jCl ��ti �t+,Z'il�i��l� jik�tl\��j:.lt�li5 i1�;E3��' �E) N�� ,� �3 , ,, �t�i I �:,��ii�-S�-b e--��E�#�r�7�(.'E��19e�-a��2€ri3ec# .� �;��,��`v`r's i [�.,�;,,o � c;�.., n � , +t�„* : ,-ot.,.oa .� tt,o�.,,�:,,o�� i,.,.,,�oa ,,, .t,o � ,�o,-►„ ,, , I�� I� l�-fS-�HC-� � � � �', �i��.{�,�--. � , ., � _ ,l ' . �.II ._ , .. i i , .� I, ��i� .. . �o;;�.�i'� ,,li>il _ .��. � �-ili; . ti it � i .i. . . , ��. . �itE�y��P�„�c�ai�� ..,I,;..l, : ..I,a_H�H�+ . „� � �Afi{�'{V l�i� �. �. 1� .��o.] I:} ----�icni-fic�rSl'��eF@E��,-c��E-�C4��6-t�S�#E�k��:?d '1�1;111i1;lI!1�1� ii? Ct�I��E"'••t;� ,;�L. .� o .�1 , ,:.loa: � . �,I��'Ri . . . ��i� . .'� I��1 iili ii��fE'�'NCC' Tts�;l� 111�� (t� l".iE'�'t� 1V'��ti Itl}li�l�f', ��) tit�Uk31�C' �l'C'� l� lj(�l}�l�C' tifCN(�. � 5209�.584-7 I ORDINANCE 52(?9�—ZONING ORDINANCE . _�R��E}.�,.,,.�,,, , ,a;,-�,.,;,.,,�t � �„+o,� , „i., ,,, +t,o� o o „i,:,.i, �t,o , � � , 1�:,,i, ��,o � ,.ot�� .,a,.,.�oa , �� ri�r�i-r��st�tes�.�--i��ep��e-�s-e€-a-�'.ti�;�e-�tti-��e�t�,..,,,,o • �,;,.�, �, ��-�� i• , , � , t; . , � ! �� . ,I iil � i.,!(11;'�1�i11' . ��H' e ,, ii�}�R ii ' ., > > > '�ii�� :--�n'-�-�,��;T��ts�es�s-��s��se-a�e�etrr� ��,�.as . o.,� �,. il�i(liHHllC't , o �NE' ��ettEir��3�i��F�#��I�e E�t+i�l��i�� a — �eq�e3�er�s-j'st��oa :r n.-,a;�,,.,�o c��- - „+.,,i ni�nnc r�:�t-tA+t-�E�r'..-�'°r'�,,a:..��._.'..��1 ,�¢��1iE�.-��.#�a,��r:,�.�-�,.-,-.-.c .i , �II � i..,.. , . .i - � iii�i_� i;;_' ��n��i �� j�i�iii�i , _ ii � �ii�: � Al.� i, i �l�uiil � :>ii� �u��' viii . ..,.. , � .. iL . , 4'l,�♦ �l�o..,.,ll �;,.., .a.,o� ,,.�� o.,�.00a �,,o �„a �,,,0 1,�1F/1 1/_1 �,,,,.,,-o �e�..o.-l:.�o�l r + ., � .. � ��-itii-rt�r- . t'1. l�`��}il, o o �. +1,0 �t o.�+004 �71/�11 � �l,.,ll . .�� .� 0�4 �1,.,.,0 4L,o,- �,l' , � �� i�� . ,, ! � , _ , . <<, . C�„l.,l 1 7. D o..,,l.,s:,.«. ,.F A„t;..:+:o� A,a;.,,.o..++�, \xlo+l.,.,,a., .,\ Tl,o�11,...,:.,,. .,„+:.,:+..�L..,11 L,o �„l.:o.,++., ., C Il �,.� �o+L..,,.1. �-,.,.�. . „Fl.,«.7.,• Tl.o ,. ..�+,-,,..+:�„-, �, ,.+o,,�,,�.o,��., b.,,:l.l;...' .,��.,,.L.o,7 r,. ., �,,,.,1..F;,.,. � � • > > > I 52(�.584-8 � ORDINANCE 5209�—ZONING ORDINANCE t,� rrt,o �ii�.,.;�,. ,,,,.:.,:.., „�.,,ii ti.o �„t,;o,,..,, �_�c �,.+ �oa�.,,.t� �-,,...., . v+i„�a�. Tl,o ,. �+...,,.+:,.., „ .,+�,�..,,�„o ,.f',.,...o,] ,a,.:.,o...,,.,� „ � ,],,,.:,,.,,�,] F,. *l,o...,,-1�:,,.� .,�., ..ol,;,.lo �,r+.-,,:lo.- -r�,o �ii�,..;�,. ,,,.�;.,;�;o� �t,,,ii t,o �„t�;o,.�.,, „ i nn �„* �o+t,��U�o,� o.�.-cciixn� 1 TL.,, �+.-, ,.+; ,.+o ,.f'., oll o.a F �lf» �l .,�;,... „tt i�� t,,,., cn �o* ;��,�tt� � • '1 L'.,+o«.,.,1 ��,.,-.,,.,, „�,,,..+o,-;.,7� , o,a ; ..+:,,,, . ,;+1, ;,,�1,��,-:�l�- .,1 ,. ,��.�„ �. T1,o �+...-.,,.o .,f'....,�+o ,. ,-o�,�o .,v o,-��o.a 1,�.;,,rl„rtrial ,,.- .,1 ,.�' :+' 4. -rt,o ��,., ,..: �+o o „�'� o,,�• r+� � Subd. 1(}�: 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. I b) The interim use as a rental unit shall be obtained through the interim use procedures set forth in this Ordi�lancc. s�.�osepn ora�nan�e soz.o�,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 this Ordinance,��.�?;��a--T 502.54,Subd. 13,added 1/07 � 52(�.584-9 � ORDINANCE 52(�—ZONING ORDINANCE � Section 5208�.623$: LI-LIGHT INDUSTRIAL DISTRICT Subd. 1: Intent. The Light Industrial District provides space for industrial activities involving a minimum degee 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. fl 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. 1) 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. � 52(�.6235-1 I ORDINANCE 52(�—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. I d) Outdoor storage as regulated in this Ordinance. �Qe�e� ��'' ''' c•�'�a. '''. . , e) Office accessory to the principal use. I fl sSigns as regulated in this Ordi»ance�. g) Temporary buildings for construction purposes for a period not to exceed a period of 12 months. � Subd. 4: Coriditioual Uses ' . The following uses shall require a �es�a�-Co�Iditional Use Permit as provided for in this Ordinance. a) Adult Entertainment as regulated in c��*�� ''.'� ��this Ordinance. � 52(�.62�8-2 I ORDINANCE 52(�—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. fl 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. � 5?(�.62�8-3 I ORDINANCE 52(�—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. � 5209�.6235-4 � ORDINANCE 52(�— 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 I boundary line. " ��--'�� *'�� :�he landscaped strip shall be planted with an ever�recn hed�;e_to provide a screen. The governing body may require additional side yard setback in these cases. When such additional width is required, such I additional width shall not exceed one hundred (100) feet_ �� 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. �_____A Li�;l�t Industrial District rear��xrd ad��,�ent to a residential boundary shall provide a landscaped strip of at least sixtv(60) feet in width alon tg he lot boundary line. The landscaped strip shall be planted with an evergreen hedge to provide a screen. The governin�bodv mav re�uire additional side vard setback in these cases. When such additional width is required, such additional width shall not exceed one hundred (100) feet. Subd. 7: Hei t 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. � 52(�.623�-5 I ORDINANCE 52(�—ZONING ORDINANCE Subd. 8: Site Covera�e. No structure or combination of structures shall occupy more than 50 percent of the lot area. Subd. 9: Other Requirements. I a) Parking Lots. All parking lots shall conform to the standards set forth in this Ordinance. c��+;�� n'' 'n All lots shall include parking controls and other landscaping techniques to improve their aesthetic quality and to direct the flow of traffic. I b) Loading Docks. All loading docks shall conform to the standards set forth in this Ordinance.c��+;^„ cn� ,n No loading docks or overhead doors shall directly face County State Aid Highway 75. c) Buildin�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. c�__ Roof Materials. Commercial �rade asphalt shin�les, wood shingles, staildi�l � s� '� pre-finished architectural metal, slate, tile or copper. Flat roofs are exempt from this requireinent. Updated 502.58,Subd.9(c)on 1/2005�*section subsequently renumbered) �l.„1=cr�rv�rvquuzi�6�L��E6i�3�e�e-fl�2�-&EEL��@14�-wixcE'�i3irr�i�3(.� ,.;�',..,.,+,,,-o .,�*l,o, o*�, ,,.1,;�.1, ��,„-�„�o,-�..;� ��,l�.o,.,,� .,.,.7 �l,.,lt ..o,-f;�,�t,.,* > > ..l,;�l, ,Y, ,�1., � 5209�.62�5-6 � ORDINANCE 5209�— ZONING ORDINANCE o\ Tl,o Dl.,.,.,;.,.t !'�,,,,,,�,:��;,.,. �l..,ll L..,.,o+l,o,...'L.++., ,- �a.��f�nn_ol � r' +' + 1 ,a ,7 .� ,F,-+1�0�. „+o..+;.,,, �,4'+l,0 > > > � ,L.1; TL.,,Dl„ .. !`,. �b,�ll L.., o�l,o .tl,♦ *�,L,; o,-t ,1+�.,+� • � � � � ,T.,,7„��«:.,1 T T�o I e� Every applicant shall be required to submit for approval a landscape plan providing for the planting of trees and other vegetation. I fg) 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. � ��) 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 k�}) All activities that emit radioactivity shall comply with the minimum requirements of the Federal regulatory body. I i�) 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 Marshal�, 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 Marshal�'s office within 12 months following enactment of this Ordinance. � j�) Screenin�. All heating, ventilation and air conditioning equipment, and refuse storage areas shall be screened and in a suitable location. � k�) Li.ghting. All lighting shall be hooded and no light may directly strike any street/highway or areas outside of the development. I l�) Landscaping. In addition to requirements relating to parking lots, the Development Plan shall show a unified ]andscaping scheme for the development. I ��• A 11 ,. �„1 1.,,�:.,v�� b..,ll l.o ., vlo,Y,o,,4 ..�'�L.o Tlo.,ol.,,.,�.,,. � Dt.,,-. .�l A T .,,.1� 1��,., �L..,11 1.,�;..��.,11,,,7 ,. .,11 L.,,;1,7:.�..� l.oF,-o� ,.�,.-�;f;,..,+o �,�,.,.,,,,...,,�,. t�riY--d� � 52(�.6238-7 I ORDINANCE 52(�—ZONING ORDINANCE c„t�a �n. r�o.,oi„r,Y,o.,. nl�., no,,,,;�1�e2}t . � ��.,.�� n�„�� ,. re�i�s��e�e��e�e�e�t�e�e�e�� , , „� �,,;,a;,,,,�,,,.,,�;,,,, „� *�,o�,,. a,.�.,,,, �„r,.��o � , . �.. a,,;,a;�,. o,o.,,,+;,,��. �.,,,,+ „a �;ao , , "� • ,.� �,,;,a;.,,� o.,+o..;,,,..,,��o..;�� .,.,a ,.,,�,,,. .]1 T .,..��;.,,�� ,��;,��,.-o�� ,,d��„�o�� ,,��bt� ol 71, ,.,J� ...] �,1;,7 ��3�E�E-�3-El��i�i��-pivpv�c�cciriirg-riraccnitr �l C;„., 1.,,..,+;.,., �,�.a �l;.Y,o�,�;�„�� .�\ 7 ;�.1,�;,,R ��,,.a�a .,..,7 1��.,.,7 ,7,�*.,:1 L,l D�,-L:,,.. �,,.a 1�,�a;�R n r_�ao„*;£;o� ;l Tl.-.,;,��..o 1,..+l�o„�o�f_.��n„�� n.7/,.,. ,. ..f�»,-� � • 1.\ T .,�..7��,,..;,,�.,,,��0,-;�1 ; �.1„a;,,�.�l,0 1�,�.��;�,,, *.>.,o .,F�,1.,.,� .,.,.a � � �. 1\ �;,-0 1,.,,],.,,,,♦ ,,,,.a �,-o 1.,.,0 1.,..,,�;.,.,� ,Y,\ T T+:1:*.,1�,..��;�„�� > > !�c . � n\ T�.,«..1:...,L.lo ,;.ao.,�.o�,��..,,,„�1:�,,..o. ,;+1, F.ao,-.,1 �t��o .,.,.a 1.,...,1 «„11„tir.,� .,,�.] � � � �e��`�s-�a��egt�t�e�r��t�r��e-g�,.o�n ,.,.o� ��..,�� ;v. ,;��, ��,o ., �i;,.�„� I 52(}A�.62�8-8 � ORDINANCE 52(�— ZONING ORDINANCE r�:�..r,.,,..,.:i �_ �� „ .,t�io .,a,,...�.; o,.�• �,.ao o�� +�i„ o 0 ��,,,�i �.o; �+ „ o�*„i,i;��.�a �..,.. ,.i„�;,,., „��t,o r:*.,r,,,,,,,.;i v,. ,,.; .,a ,.�„ii „i� �.� „�-+�.o ,.�t ao „i,. ��i„ 0 0 0 0 0 0 �� e�a�ese�i�ea .,�.,,.,o � +„ �.o „++�.o �„io 0 0 0„��,o ao�,oi„�o,. , ' ��t��e�et�s��e t# . �o : ,��,io �t�,�„�:v,,o „��;�;.,,� ., .;�: �,�a„�.io r� .,aa:.;,.� .,. �t,o „�.,,<,o� a ' F�.o pccrcr6�]-&�3�-1�-ixv�� . crvrrcv rrr�—a�v�-c-rccv-uircr�irrrrc .,++l,o r;*..: „��:,,...,1 F o� o:�l,o,-lon�l 0 0 � � o 0 ,�� „i �i., �+�.o �� ,.>>�a: ,.�.,,+ ��. i: :+oa ,,, �� ,. � , � �+„ �a ,�.�: ,,.: ��,o �i; ,,.� r�,,,ii ,...i.., o+�,o r:�. 0 0 0 0�� o �,.��.,. o � .,a .�.o �;�. ,.��,. „i� ae ;+ �� o 0 0_ � ��.; ,.�� ,.i,�,.i� ,.i„�+„ „�„ oa;. �,.+�,o o � ...,, �i.o �,,.,� ,.*;,, f�.o „ ,.i;,..,.;,.� �,. a,,,,,,i„�,,.o�. ..i.,., .. c»��, o ,.io+�o..,.� �.— r�o.,ei o�+ n e��+ r� +t,o 0 0�� „aa;+;,,�„i ,.o o .�...�t,o r;+.,,. ;�� ;,,:..,,,�„a „�a i,.,.�ooaoa a,,..:�,.; ,.io.,,o,,.�*;,,� „f r�o.,oi,.,.,...��. ni,,., „��,o,-� „�,;i,,,-,. ,,.,�+�,,,.o �t,o r;��,�l,nii ,. o�i,e � � � � ,,..+.,,. o,.i�� „�a i,.,.ao..oi,.�o,.i�� or+o,.;,,.,, � ao„�i�,..,,,,.,+ „ �. �� o ,ol,,,.,ti,o„* „ o0 0„* �l,�ll ��;,.,,l.,�o+l,o ,. ,,,7;�;,,,,� �,- ., .,1 .,.,.a r;�.,�siici�30rrc�t6zirJ}32E��3(,'-�i�E`�6��*.r ric .�♦ �L..,11 �„-El�„ o+l� ,-ao „1,. +l.o 00 0 0 o e or� i-@ �, �l, �l,:o.-�� „l.o„L o „♦ �, _ o .,1.10 lo++o ,.� > > ,.oa;+ ;� �.,,.,.,.�Et�o r;+..: „+ o .,t �„ i �noi ��„ti ��+� „+oa :+t� r;�..�� „�'.t,o ao ot„ „+ ,.i„a: ,.�.,,*..,,� 0 0 � , ��e�t�e�g�ee�i�eg�r�rssa�t}��st��=o� „ o��;.,.,,,+oa �,.,.i,o r�;+.. �,,,.t, v ,.io�+o«„�',...,,a;E �t,.,ii t,o:,, +t,o �',...,.. „ � :. +�..a r;�., n�.,,.....o.. ��.,,ii i.� „ �a;.;��oa , „ �t,o n .,i ,.��t,o ao ot,.,.,...o�� fi��E�:-�-� �i� �l3: I �� d i��i�� I�i�lt�� .��i�i! :di,; ,�� 11�� •nrf��! i;��;��. i�,i:�n�. �i��j1{�� E:�� ill C .,1 .,,,ri To„, , C: , , +;,>>,,..,:,,,r , , �:fl�-t+�. �„�,,,,,i �;i.,,-.�+�,�:_-�',t�,��-�1,,,�i �.o �ioi., �,.+�,o „ o .,a , � ,.. , , , , ! , , � _ �. , � �, „ ,. , �� ;�. i.,,� � 52(}A�.62�8-9 � ORDINANCE 5209�—ZONING ORDINANCE ,:; ;�I��ri-#�#�ee+�-{-}�}-#�et�l�v�-gtHt�i�,'� _ . . . ., . . ;, r . _ � � �> > � , , ,i� � . ,.i _ r�,„-r�tito c: i :i l(� f's-fi� , , . �� . ,�,�il; l;� cli�.��l�i�,��1. 1z��31i��n �>f 14� , . �. l.�ii��tl3 �3f 1��e. r�,o a,,,.,,�:,,� „�.:,ro � ,,,.��.io � , �.o �,.,.�.oa � .,o..+., l�; �i11111cii�.,�„�:�,... „+'f;,.-r.,/��l\ .a.,..., o .,lo.,.].,.-. o ,}� �j�o A ,..,,-f�l,l� � �L,�11 „�,t �„�.��,d S(1 � o +oo��„1,;�.1, � „�� ,- .,11 �t't{�if ; . _ _t}_ _ r�„�:,,o�� ,,,-�,,,,,,,,o,.,.;�1 c: „� i c:,..,� ��,�ii t,�.�o � .,-�,.o � „* o ooa:,,,r „ o �,,,.,a..oa i i nn� � � , , � , �� if . z. �.,,.t, � �� ., a;,-o,.+;,,,,�i � o,.�oa „�i.,,,,, �i,o,. o 0 „ , ��e�-�tt�e,*„ ...�.:,,�, .�,o � ,.oi�.o� ; „a,,,.*oa �-��^�rc�'s��i}�li��-c'�E��2,�'b'-�}G��(�--^vr-i�ivi�icpiri-irc •,•��l :,�,7;.,:,a,.�t , 1 � � e if , !) � 1� .. t� � , �� e � e > i� . . . i) . e � � '�- ` � �. + . . . . . � 52UA�.623$-10 � ORDINANCE 52(�—ZONING ORDINANCE ____ _ _ __ _ __..+. n�i +;•��,,,,,,,�;.,., r�„�.:.,�..� c;,�.,�, �ti„ii t,o i�„a�,.�„oa .,r�...,a ft,o�„�o �� . 2 ti�� 7. . r „4'r4,� I2, ;l.l; t ('',,,70 ��i�u`iib iv�uiiviii� . 7 �� i�?.^TT �i�)1S2 C l..J I I,......o..J...J 1..,...7.7:..,�A ....,J C ,... �'7l1llC/:k�e,.�:,�,....1...,.,.....�1. ..-....�...i.-,�� . . 1 V C.1..J 1 I,. C .. ..,1.�,�1"7l11�: �.'� .. ��.��{��}�H�i��-4TR-TI�C_�IT��i��-, ��k��-:-�-�—�c�&�9i�-6��YC�'b�+;,,"crc�-z-zctn'��,'itv��6 �1 �+Zcci-miaT „� rrt�o�ii,.,.,;r,. ,,,.�:..;..,��.,,ii �.o �„�.:o,.. �,. „ cn �„� �o�t,��U �-,.,,, , ��i„�a�. rrt,o ,. ��..,,,.�;,.� ,. ...��„�„o ,.�., �.,,;ia;�,. „+�,,,,t,oa +„ „ �,,,,a.,+;,,., � � �Ek�At-xot�i-��e�-te��,.� �,,..� o „�t�,�� , ., i.,,, „�,io �.,, �i,oa� .,�• ,,, a,.,.i. �a � ,. e� ,Y, o � ,.o 0 �.,....,.. . ..,��,.,. .,...,,i ao..:,,o� ��,,,ii �„+�.o ,. �:ao,.oa i,,,:ia;,,,�� l.\ TL,o F 11,. „�; ;E. �L..,11 L.o ,1.: ,.��,� '1G ��,� 0�1,�..L �-� �fl�n�ir TL,o ,. �+,-,,,.+:,�.. ,. .,+o..�,.,.,, ,.F...,..o,l ,7,-:.>o....,.,� „ � .ao�;�.,.oa F,- ..\ TL.o F 11,. ..t; ,:+: �L,.,11 b.o ,1,: ..*+� ]!1!1 �,.� o�l..,,.1� �-., o+� 1 T1,o �*,-. „+; ,.+o ,.�., vll o.a F �l�„ �l ,.,,�;,,,, .o�i io�� .i,,,,, cn �o� ;n�o,�f� � • � �.,�o .,i �.,. ,.�.,..,,.o .,i� oa ,.+: :+�. .,a, �...,,,i „i ,�,.�„ �. rr�,o �+,,,.,,,.o„�..,,,��o „ ..o�,�o ,. o..,,.oa i..>:.,a„�+ri�i „ „� ,.�• ,:+• 4. �,o �.... ,.+• �.o o„�� o,�t� _ �+o Updated 11/2013 � 52��.b238-11 � ORDINANCE 52_(_�--ZONING ORDINANCE � Section 52(�.66�: 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 � College Owned Student Housing g) Grade Schools h) High Schools i) Vocational Schools I Subd. 3: Conditic�nal Uses ' ' . The following uses shall require a s}�ec� cc�nditional use permit'�^^��' �� *'��„r��a��r� ��* ��*'ias provided for in this Ordinance: a) Streets and alleys which provide a means of ingress and egress to or from the institution. Subd. 4: Permitted Accessorv 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 goss square footage of the principal structure. � 52(�.6(�-l I ORDINANCE 52(�—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�eEt�e„ ��Z'�of this Ordinance. Subd. 5: Buildin�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 Marshal�and the Planning Commission. A building permit must be issued by the building inspector and building plans approved by the Fire Chief or Fire Marshal� and the Planning Commission for remodeling of existing facilities for a same or similar use. Subd. 6: Hei t 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 this Ordiilance. . . 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 Covera�e. 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. � 52(�.6(�-2 � ORDINANCE 52(�—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 4 �,vuvcr�v�cv'�cii�rircir Dc-riccirDccc1uiTcrrrcires. l�T•,��cri'�i"ucr-v" .��...�'� �.:+�1 ♦1,� � • �+o.�,� +��l,o Dl.,..,.;,,..!`�,.�„�,:��;.,., .,..,a !'';t.,!'�,.,,.,,.:1 4�,- ., ,ao�„�1,...,�,o..+ 1�,..,+0,7 ;,. +l,o L',a„�.,�;.,,,�1 �.,..lo�:��+:�..,1 Tl;��.-:..+• � • > > • ol il,,,�,�.�+v.- .,.��7 �.,1;.7 . .,�+�,,. ,.L , v.a ,. o,a � .,�o,-:.,1 ;l C�.. .,�l,o.,+:,, .,�;1.,�:�, ,,.a ,,.a;�;.. �i�.�,o„� 00 .,� . o 0 L\ 7 ,�,a� .,+o .,1 ..l,,.a; ,.�l�0 1.. .,r: +. ..F..l�,,t_n.�,7 �� o 0 „\ A.,�. ,��l,o.-�,..,;.,�. ,-1.,,;1.7;..,Y ., � +,.1.0 1,...,,+,,,1 :,, *L.e � oo �� o 0 ��@&: �,\ �I7L.o o,a :,1„ ,.4'�. ..1�,+; ,��AT.,t; �l A�ll„�.,,.� Tl: ,.1,., o � o 0 0 L'l:«.,:.,.,�:,.., C'..��o„� lRTDTIL'C'1 .. ,..,.;+t:..,�.. ,,a/�r�l�,o ('�:+..,.f'C'� T.��o,.l. � 52��.�)��-3 � ORDINANCE 52(�—ZONING ORDINANCE � , , , , , , „� �oo� � .��,io, „ao,.+�,;� �o,.+;,,,, �,.ao.,o�„�.,..o.,.,.�„r .. � , pet��ie a � �� r aa:� �„ ��.o �.,,.,o � a •� �i.o ��?� z�� —�P��r�, > > > > > � > > .,��,:o..�� ,.t,o,.i. ,,..io+�o.- „�,.,-oa:. �,.��.o�o �o� � ,..,. «�.� �..,,i ,,,.�;,,,, � �. r�o.,oi„ o„+ n,.,.��+ rr tt,� � o„� .,aa;+;,,r.,i ,.o o ,�..E�.o r:..,„ :+� > > ..o,-�.,., o,-/�l .,,,�71.,,-.ao.,ol.,�,e,-/�l o„to,-;,,+.. „ .ao.,ol„«,ti,o,�♦ ., ..� �24'��i--��'b'£�6�ii��@@li�c,-�m ��„urcrc�cna,�vimiiivir3 i�v^i-c'1�3pr9�o^zai-ai��@��j�S-��6i��c9-�ii�pcE��'E'�{�pn-r21��1c � � > > oa;+ ;r �.,,.,.,.�'+t,o r�:+..; �� o „i +,. i i noi ,.�,.it „��F� � � > > > > � � � 5?(�.66�-4