HomeMy WebLinkAbout[06a] Annexation - OAA Resolution/Information
Council Agenda Item 6(a)
MEETING DATE: July 16, 2018
AGENDA ITEM: Annexation – OAA Resolution
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: The City Council/Sub Committee have been working with St. Joseph
Township on an annexation plan for the Orderly Annexation Area. At the July 2, 2018 Council meeting the
Council agreed to honor the request of St. Joseph Township and not act on the annexation at the meeting and
allow the subcommittee to meet one more time. The Council agreed that action would be taken on the matter
at the July 16 meeting.
BACKGROUND INFORMATION: After the City notified the Township of the intent to annex the
OAA, the City agreed to develop a subcommittee to see if there were alternatives to annexing all the
property defined in the OAA. The subcommittee consisted of the following; Township Representatives-
Doug Fredrickson, Mark Thompson, Ann Reischl and Mike Couri (Twp Attorney). City Representatives
included – Dale Wick, Bob Loso, Judy Weyrens, Sue Kadlec (City Attorney). When the Committee
started they agreed that if an agreement could be drafted to satisfy each party, the committee members
would take that back to their respective boards as an acceptable agreement.
While the City agreed to continue the discussion with the subcommittee, they also agreed to continue with
the process they had outlined to annex the OAA. This process included inviting impacted residents to one
of two open house to listen to and discuss concerns. The major concern was taxation followed by
Ordinance restrictions in the City that would not be favorable in the rural area. The Ordinances identified
include: Hunting, Burning, Allowed Animals, Accessory Building Size, Sign Regulations, Keg
Registration, Open Container, Public Urination, Wood Burning Stoves, and Construction Storage. With
regard to taxation, the City acknowledged the differences in the tax rate and agreed to create a Rural Tax
Rate with the base the current Township Tax Rate. Each year this rate would be increased by the
percentage increase or decrease of the City Tax Rate; however, this could not be applied to commercial
and industrial properties. MN State Law only allows Commercial and Industrial property to be tiered into
the City Tax rate over a six year period, in six equal increments.
As requested by the Township, the City subcommittee met with the Township subcommittee on Friday
July 6, 2018 and formulated an agreement that was acceptable and would be forwarded to each respective
board for consideration. The City stated that it would acted on July 16 and the Township will be acting
on July 17. Included with this information is the letter that was sent to all Township residents whether or
not they live in the OAA. This information was written and distributed by St. Joseph Township, without
input from the City. The letter indicates that if you are in the rural tax district you will remain tax at the
rural tax rate which is the 2018 tax rate and that will remain until services are received or adjacent or if
requesting certain zoning considerations. This statement is incorrect – the tax rate is increased or
decreased based on the proportionate share of the City increase or decrease. The Township Attorney will
be clarifying this at the meeting on July 17. As you will notice the meeting will be held in the industrial
park at AMI.
In addition to the resolution for annexation a rural residential ordinance has been drafted to address the
issues/concerns expressed at the public input sessions. The Ordinances would be forwarded to the
Planning Commission for consideration in August. The Ordinances have also been reviewed by the
Township Attorney.
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Annexation Resolution
St. Joseph Township Hearing Notice
OAA Map
Ordinance 502.54 B2 Highway Business – proposed amendment
Ordinance 502.27 Rural Residential - Draft
Power Point from February 15 open house
REQUESTED COUNCIL ACTION: Provide direction
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ST. JOSEPH TOWNSHIP RESOLUTION 2018-____
CITY OF ST. JOSEPH RESOLUTION 2018-_____
JOINT RESOLUTION FOR DESIGNATION OF AN AREA FOR ORDERLY
ANNEXATON AND FOR DESIGNATION OF AN AREA FOR IMMEDIATE
ANNEXATION PURSUANT TO MINNESOTA STATUTES § 414.0325
WHEREAS, in 2010, St. Joseph Township (“Town”) and the City of St. Joseph
(“City”) adopted a Joint Resolution for Orderly Annexation in 2010 and amended in 2015
(“Prior Agreement”) which revoked prior orderly annexation agreements between the
parties;
WHEREAS, the parties desire to revoke the Prior Agreement and proceed with
annexation as provided hereunder;
WHEREAS, the Board of Supervisors of St. Joseph Township passed this
resolution on ______________, 2018;
WHEREAS, the City Council of the City of St. Joseph (hereinafter referred to as
the “City”), passed this resolution on _____________________, 2018; and
WHEREAS, the Town and the City agree to designate and request the
immediate annexation of certain land located within St. Joseph Township to the City
legally described in the attached Exhibit A and graphically depicted on attached Exhibit
B (hereinafter the “Immediate Annexation Property”); and
WHEREAS, the City and the Town are in agreement as to approving the
designation for orderly annexation to the City of St. Joseph certain land legally
described in the attached Exhibit C and graphically depicted on attached Exhibit D
(hereinafter the “Orderly Annexation Area” or “OAA”) in accordance with the terms set
forth herein; and
WHEREAS, Minnesota Statutes § 414.0325 provides a procedure whereby the
City of St. Joseph and St. Joseph Township may agree on a process of orderly
annexation of a designated area; and
WHEREAS, the City of St. Joseph and St. Joseph Township have agreed to all
the terms and conditions for the annexation of the Property and the signatories hereto
agree that no alteration of the designated area is appropriate and no consideration by
the Chief Administrative Law Judge is necessary. The Chief Administrative Law Judge
may review and comment, but shall within thirty (30) days, order the annexation in
accordance with the terms of the resolution.
NOW, THEREFORE, BE IT RESOLVED, jointly by the City Council of the City of
St. Joseph and the Township Board of St. Joseph Township as follows:
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Section I. Immediate Annexation Property.
1. Immediate Annexation Property. The following described land is subject to
orderly annexation pursuant to Minnesota Statutes § 414.0325, and that the parties
hereto designate the area for orderly annexation; and agree that the land be
immediately annexed:
See Exhibit A attached hereto and incorporated herein.
A boundary map showing the Orderly Annexation Property described in Exhibit A
is attached hereto as Exhibit B and incorporated herein. The Immediate
Annexation Property abuts City limits as shown on Exhibit B and is about to
become urban in nature.
2. Acreage/Population/Zoning. The Immediate Annexation Property consists of
approximately _______acres, the population in the area is ____. Upon annexation, the
Property shall be zoned as follows:
Commercial: See Exhibit C
Industrial: See Exhibit D
Rural Residential: all remaining parcels
3. Jurisdiction. The Town and the City, by submission of this joint resolution to
the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings,
confers jurisdiction upon the Chief Administrative Law Judge so as to accomplish
annexation of the Immediate Annexation Property in accordance with the terms of this
resolution.
4. Municipal Reimbursement. The City and the Town agree pursuant to
Minnesota Statutes § 414.036, reimbursement from the City to the Town shall occur for
the taxes collected on land annexed into the City, according to the following schedules
and thereafter all tax revenues will be the property of the City. All percentages are to be
multiplied by the Township’s share of property taxes from such annexed property in the
year in which such property is annexed:
a. Property Taxes.
Commercial/Industrial Property:
2019 - 100% to Township
2020 - 90% to Township
2021 - 50% to Township
2022 - 40% to Township
2023 - 30% to Township
2024 - 20% to Township
If the City does not collect taxes from the annexed property in 2019, the City will
have no obligation to reimburse the Township in 2019. In subsequent years the
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City will provide reimbursement to the Township in the percentages designated
for each year as set forth in the above schedule.
Rural Residential Property:
2019 - 60% to Township
2020 - 50% to Township
2021 - 40% to Township
2022 - 30% to Township
2023 - 20% to Township
If the City does not collect taxes from the annexed property in 2019, the City will
have no obligation to reimburse the Township in 2019. In subsequent years the
City will provide reimbursement to the Township in the percentages designated
for each year as set forth in the above schedule.
b. Assessments and Debt. Pursuant to Minnesota Statutes § 414.036 with
respect to any special assessment assigned by the Town to property annexed
under this Agreement, and any portion of debt incurred by the Town prior to the
annexation and attributable to the property annexed under this Agreement, the
City shall forward to the Township any such assessment or debt revenue paid to
the City by the property owner or by the County Auditor.
The City shall pay the Township one-half of the amount due in each year within 30 days
of the City’s receipt of the first-half of the year tax settlement from the County (the June
or July settlement) and shall pay the second half of such amount due within 30 days of
the receipt of the second half of the year tax settlement (the November or December
settlement) from the County.
5. Rural Urban Taxing District. Within 30 days of the effective date of this
Agreement, the City shall establish a rural/urban taxing district pursuant to Minn. Stat.
272.67 and shall include all Rural Residential properties (initially defined as non-
commercial and non-industrial zoned properties) annexed to the City under Section I,
paragraph 1 above, within the rural service district. The City shall establish a rural
service district tax rate that will initially be set at a tax rate equal to the 2018 Town tax
rate, but which will be subject to annual increases or decreases proportionate to the
annual increase or decrease in the City’s overall tax rate, with the City ‘s 2018 tax rate
as the base against which future increases or decreases are initially measured. For
example:
The 2018 Tax Rates are as follows:
City Tax Rate 61.4627
Twp Tax Rate 21.9232
For the purpose of this example, if the City’s overall tax rate increases to 63.4627, this
would represent a 3.254% change (increase) in the City’s overall tax rate from 2018 to
2019. The rural taxing district rate would change by the same percentage. Therefore,
the prior year’s rural tax rate (the 2018 Township tax rate) of 21.9232 would be
multiplied by the 1.0325 (1 plus the 3.254% change in the City’s overall tax rate) which
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would increase the rural tax rate to 22.6366 for 2019. If the City’s 2020 overall tax rate
then decreased to 62.2533, this would represent a 1.906% change (decrease) in the
City’s overall tax rate from 2019 to 2020. The rural taxing district 2019 tax rate of
22.6366 would then be multiplied by .98094 (1 minus the 1.906% change in the City’s
overall tax rate) which would decrease the rural tax rate to 22.2051 for 2020.
The only changes to the rural tax rate shall be those occurring as a result of the
proportional increases or decreases in the City’s overall tax rate pursuant the terms of
this paragraph.
Such Rural Residential properties placed in the rural service district shall remain
in the rural service district until such time as:
i. The property is developed commercially or industrially; or
ii. Municipal sewer and/or water services are readily available to serve the
property.
Paving, repaving, or reconstruction of a street abutting a property shall not be deemed
to be a sufficient improvement to cause unplatted or platted property to be transferred
out of the rural taxing district.
6. Tax Rate Step Up. The tax rate for Commercial and Industrial properties
annexed pursuant to Section I, Paragraph 1 above shall be stepped up from the Town
tax rate to the City tax rate by equal increments over a six-year period.
7. Review and Comment. The City and the Town agree that upon receipt of this
resolution, passed and adopted by each party, the Chief Administrative Law Judge may
review and comment, but shall within thirty (30) days, order the immediate annexation of
the Immediate Annexation Property in accordance with the terms of this resolution.
8. Provision of Utilities to Annexed Properties. In the event the City provides
municipal sewer service to any Rural Residential zoned properties annexed under the
terms of this Agreement, the City shall not require any such property to connect to the
municipal sewer system for a period of seven years from the date of the most recent
septic certification provided that the system does not fail within that seven-year period.
Such properties shall be required to connect to City water services immediately in
accordance with State law.
9. Building Inspection. Upon annexation of the Orderly Annexation Property
described on Exhibit A, all new building permits shall be issued and administered by the
City. All Building permits already issued as of the effective date of this Agreement to
any such Orderly Annexation Properties shall continue to be administered by the
Township’s building inspector until a certificate of occupancy is issued. The Township
shall provide building permits and site plans for annexed properties to the City.
Section II. Orderly Annexation Property.
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1. Orderly Annexation Property. The following described land is subject to
orderly annexation pursuant to Minnesota Statutes § 414.0325, and that the parties
hereto designate the area for orderly annexation in accordance with the terms herein;
See Exhibit D
(the “OAA”) A boundary map showing the OAA described in Exhibit D is attached
hereto as Exhibit E and incorporated herein. All such land in the OAA shall
remain in the Township until it is annexed pursuant to the terms of Section II,
Paragraph 8 below.
2. Acreage. The OAA consists of approximately _______acres.
3. Jurisdiction. That St. Joseph Township and the City of St. Joseph, by
submission of this joint resolution to the Municipal Boundary Adjustment Unit of the
Office of Administrative Hearings, confers jurisdiction upon the Chief Administrative Law
Judge so as to accomplish annexation of the OAA in accordance with the terms
contained in this Section II.
4. Municipal Reimbursement. The City of St. Joseph and St. Joseph Township
agree pursuant to Minnesota Statutes § 414.036, reimbursement from the City to the
Town shall occur for the taxes collected on land annexed into the City, according to the
following schedule and thereafter all tax revenues will be the property of the City. All
percentages are to be multiplied by the Township’s share of property taxes from such
annexed property in the year in which such property is annexed:
a. Property Taxes.
First year the City collects property taxes from the annexed property: 60% to
Township.
Second year the City collects property taxes from the annexed property: 50% to
Township.
Third year the City collects property taxes from the annexed property: 40% to
Township.
Fourth year the City collects property taxes from the annexed property: 30% to
Township.
Fifth year the City collects property taxes from the annexed property: 20% to
Township.
b. Assessments and Debt. Pursuant to Minnesota Statutes § 414.036 with
respect to any special assessment assigned by the Township to the annexed
property and any portion of debt incurred by the Town prior to the annexation and
attributable to the property annexed under this Agreement, the City shall forward
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to the Township any such assessment or debt revenue paid to the City by the
property owner or by the County Auditor.
All such payments shall be made to the Township within 30 days of receipt of
such funds by the City. The City shall pay the Township one-half of the amount
due in each year within 30 days of the City’s receipt of the first-half of the year
tax settlement from the County (the June or July settlement) and shall pay the
second half of such amount due within 30 days of the receipt of the second half
of the year tax settlement (the November or December settlement) from the
County.
5. Office of Administrative Hearings, Municipal Boundary Adjustments.
Upon approval by the Town Board and the City Council, this Joint Resolution shall
confer jurisdiction upon the State of Minnesota Office of Administrative Hearings,
Municipal Boundary Adjustments (hereinafter referred to as the “MBA”) or its successor
pursuant to Minnesota Statutes.
6. No Alterations of Boundaries. The Town and City mutually agree and state
that the MBA may review and comment, but that no alterations by the MBA of the stated
boundaries of the area designated for orderly annexation is appropriate. Any alterations
of boundaries may only be made upon the joint agreement of the Town and City.
7. Planning and Land Use Control Authority. The Town and City mutually
agree and state that the Joint Planning Board established under the Prior Agreement
will continue to exercise planning and land use control authority within the OAA
pursuant to Minnesota Statutes section 414.0325, Subdivision 5. The City and Township
establish this resolution as their joint powers agreement under Minnesota Statutes
Section 462.371, Section 471.59 and Section 414.0325, Subd. 5 to conduct regional
planning under the Municipal Planning Act in accordance with the terms of this Section
II. The process for planning is as follows:
7.1 The Joint Planning board is an eight-member board, consisting of four
members appointed by the Town and four members appointed by the City and
has final authority on all land use matters in the OAA.
7.2 The City will act as the Zoning Administrator, reviewing and overseeing all
relevant zoning related matters in the OAA. The City will review applications for
sufficiency, determine the level of approval necessary for the application, collect
application fees, and will provide recommendations to the Joint Planning Board
for its consideration. The City shall provide copies of applications to the Town’s
designated land use official for review and comment. The City will set the public
hearing for the Joint Planning Board by sending out property owner notifications
on joint City/Township letterhead. The City will send the notification to the
designated legal publication site. The Town and the City will post the public
hearing in their respective jurisdictions. The City will administer and enforce all
provisions of the Land Use Regulations.
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7.3 The land use controls for the orderly annexation area shall be as set forth
in Section 9.15 Urban Expansion District of the Stearns County Land Use and
Zoning Ordinance in effect as of the date of this Resolution, except as otherwise
modified in Attachment 1 attached hereto and incorporated herein. The Joint
Planning Board shall follow the procedural provisions of the City of St. Joseph
Zoning Code.
7.4 The Joint Planning Board will utilize the City’s building, fire, and electrical
code inspection services in the orderly annexation area.
7.5 Except as otherwise specified in the Land Use Regulations, Stearns
County regulations shall apply to the orderly annexation area.
7.6 No property within the OAA shall be rezoned prior to annexation.
7.7 No property within the OAA shall be subdivided in such a manner that will
create more than 2 lots unless the property is first annexed to the City.
7.8 The Joint Planning Board shall be scheduled to meet bi-monthly on an as
needed basis. The Town and the City shall establish fees for regular and special
meetings of the Joint Planning Board.
7.9 The Joint Planning Board will serve as the board of Adjustment in the OAA
area and shall hold the public hearings on all applications for conditional
use/interim use permits, variances, text amendments to the Land Use
Regulations, administrative subdivisions and administrative appeals. Except for
text amendments, the Joint Planning Board will have final authority on all matters
listed above except that any aggrieved person or persons shall have the right to
appeal within thirty (30) days, after receipt of notice of the decision, to the
Stearns County District Court. The Joint Planning Board shall serve as an
advisory board and shall make recommendations on text amendments which
shall be submitted to the Town and the City for final decision. Text amendments
shall require the approval of both the Township and the City at a joint meeting.
7.10 The City will staff the Joint Planning Board meetings. The City will
prepare agendas, take the minutes of the meetings, and handle the appropriate
paper work associated with the meeting including notifying and recording the
necessary permits associated with the action of the Joint Planning Board.
7.11 The City shall issue all building permits and site construction permits,
conduct building inspections for each permit issued, and shall provide the Town
with copies of permits and inspection reports for any permit issued therefore on a
monthly basis, except that all Building permits already issued on the effective
date of this Agreement to any properties within the OAA shall continue to be
administered by the Township’s building inspector until a certificate of occupancy
is issued.
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7.12. The parties shall obtain liability coverage for the activities to be conducted
by the Joint Planning Board. The cost of such coverage shall be split equally by
the City and the Town.
8. Conditions for Orderly Annexation.
The City and the Town mutually state and agree that properties in the OAA, or
any portion thereof shall be annexed to the City by the MBA upon receipt of a resolution
from the City requesting such annexation. The City may adopt such resolution only
upon the occurrence of any one or more of the following, provided 30 days’ notice of the
City’s intent to adopt such resolution has been sent to the Township:
a. All of the property owners of a particular parcel submit a petition for
annexation of that parcel or a portion thereof, or;
b. The City has immediate ability to extend water and sewer services to
the subject property and the property owner has a good faith intent to
immediately plat the property for which annexation is sought. Platted lots
existing at the time of the execution of this Agreement shall not be deemed to
meet the “good faith intent to immediately plat the property” simply by virtue of
the fact that they are platted at the time of execution of this Agreement.
9. Exclusivity. It is the intent of the parties that this Agreement sets forth the
exclusive procedures under which property within the Town may be annexed from the
Town to the City during the term of this Agreement. The City shall not annex any
property from the Township except in conformity with the terms of this Agreement. The
City shall not support an annexation proposed by a third party that is not consistent with
the terms of this Orderly Annexation Agreement.
10. Review and Comment. The City and the Town mutually agree and state
that this Joint Resolution and Agreement sets forth all the conditions for annexation of
the areas designated and that no consideration by the MBA is necessary. At such time
as the conditions for annexation of the areas or a portion thereof as described in this
Agreement have been met, and upon receipt of a Resolution for Annexation from the
City of St. Joseph, the MBA may review and comment, but shall, within 30 days, order
the annexation in accordance with the terms of the Resolution.
11. Termination of Prior Agreements. Any prior agreements or joint
resolutions existing between the parties pertaining to annexation of property from the
Town to the City shall be considered terminated upon the effective date of this Joint
Resolution.
12. Effective Date/Applicability. This Joint Resolution is effective on the date it
is adopted by the City and the Town; whichever is the second to act on this resolution.
Annexations occurring as provided in this Joint Resolution shall be effective upon the
issuance of the order by the MBA. The provisions of this Joint Resolution shall be
binding unless otherwise modified by a joint resolution of both the City and Town.
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Adopted by affirmative vote of all the members of the St. Joseph Township Board of
Supervisors this ____ day of _________________ 2018.
ST. JOSEPH TOWNSHIP ATTEST:
By: _________________________ By: _________________________
Chairperson Ann Reischl, Township Clerk
Board of Supervisor
Adopted by affirmative vote of the City Council of St. Joseph this _____ day of
_______________ 2018.
CITY OF ST. JOSEPH ATTEST:
By: _________________________ By: _________________________
Rick Schulz, Mayor Judy Weyrens, City Administrator
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EXHIBIT A
IMMEDIATELY ANNEXED PROPERTY
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!!2!!2!!2!!2!!2!!2 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityLegend!!2Storm Ponds (6)OAA Roads - 0.9 milesOAA Roads (CSAH / County) - 0.5 milesOAA Roads - 2.5 milesOAA Roads (CSAH / County) - 1.9 milesOAA Roads - 7.7 milesOAA Roads (CSAH / County) - 3.9 milesRevised Annexation AreasOrderly Annexation Zone: 1998 thru 2002(302.8 Acres)Orderly Annexation Zone: 2003 thru 2007(1859.6 Acres)Orderly Annexation Zone: 2008 thru 2017(3329.6 Acres)2018 Annexation AreasArea Remains in St. Joseph TownshipCity-Township Tiered Tax Rate for 6 YearsCity of St JosephI0 1,000 2,000 3,000 4,000500FeetDocument Path: \\sehsc\Projects\PT\S\STJOE\common\GIS\Annexation\OAA_24x36_20180327.mxd
EXHIBIT B
MAP OF IMMEDIATELY ANNEXED PROPERTY
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EXHIBIT C
COMMERCIAL PIDS
12
EXHIBIT D
INDUSTRIAL PIDS
13
EXHIBIT D
OAA PROPERTY
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EXHIBIT E
MAP OF OAA PROPERTY
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TOWNSHIP OF SAINT JOSEPH
July 10, 2018
FROM THE OFFICE OF
Dear Resident:
As you may be aware, late last year the City of St.Joseph announced its intention to
annex all Township land located north and east of Interstate 94 pursuant to the terms of the
orderly annexation agreement between the City and Town that was signed in 2010. The St.
Joseph Town Board disputed the City's ability to annex these properties under the orderly
annexation agreement, and the City and Township began negotiations in an attempt to work
out a solution acceptable to both parties and which would mitigate the impacts of annexation
where possible. After several months of negotiations, the City and Town negotiating
committees have reached a tentative agreement that will be presented to the Town Board for
its consideration and approval at a July 17, 2018 meeting at the AMI AUCTION FACILITY.
The tentative agreement would annex a significant portion of the Township north and
east of 1-94. A map of the property that will be annexed is on the back side of this letter. For
those properties that will be annexed if this agreement is approved, the tax rate for the
commercial and industrial properties will increase from the Township's current tax rate to the
City's tax rate in five equal, annual steps. In year six these properties will be fully taxed at the
City's tax rate. All other annexed properties will remain at the Township's 2018 tax rate until:
1)The property is developed commercially or industrially, or 2)The City makes sewer or water
services readily available to serve the property. If City sewer and water are made available to a
residential property, the owner will be required to connect to water immediately but may
continue to use their septic system for seven years. Commercial and industrial properties will
be required to connect when sewer and water are available. All properties will be subject to
City assessment policies for sewer and water service when utilities are made available to such
properties.
For those properties north and east of 1-94 that are not annexed, they will remain in the
orderly annexation area. These properties will remain in the Township, will be subject to the
Township tax rate and will continue to receive services from the Township until the property
owner: 1) petitions for annexation, or 2) the City has the immediate ability to extend sewer
and water to the property and the property owner has a good faith intent to plat his/her
property.
The Town Board will hold a public hearing at 7:30 p.m. on July 17 at the AMI AUCTION
FACILITY located in the St. Joe Industrial Park East to explain the details of the proposed
annexation agreement and to answer any questions the public may have about the agreement.
After the public hearing the Town Board will vote on whether or not to approve the agreement.
Please plan on attending this meeting. Directions to meeting are on back of this document.
NOTE: Residents south of 1-94 are encouraged to attend this meeting as they will not
be affected by the annexation itself but will be affected by future township services and
possible increase in taxes.
Sincerely,
The St. Joseph Town Board stjosephtownship.org
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ATTACHMENT 1
Land Use and Zoning Ordinance Provisions
1. Residential accessory buildings shall meet the road setbacks and in no case shall they
be located closer to the road than the residential dwelling.
2. No residential accessory building shall be located on a lot prior to the location of a
residential dwelling on the same lot.
3. Any manufactured home to be used as a residential dwelling unit and located within the
Urban Expansion Zone shall be no less than 24 feet in width and shall bear the Seal of Compliance
issued by the State of Minnesota. Residential dwelling units shall be no less than 24 feet in width.
4. The transfer of residential development rights within the Township is prohibited in the
OAA.
5. The transfer of residential development rights from another Township into St. Joseph
Township is prohibited in the OAA.
6. The transfer of residential development rights from St. Joseph Township into another
Township is prohibited in the OAA.
7. The following uses (as such are defined in the Stearns County Land Use and Zoning
Ordinance) shall require a conditional use permit in the OAA:
a. Antennas – TV/Radio Receiving, Short Wave/Private Transmitting
b. Essential Services, Transmission Services and Utility Substations
c. Animal Feedlot expansions
d. Bed and Breakfast Inns
e. Government administrative and service buildings
f. Home extended businesses
g. Home occupations
h. Outdoor recreational facilities
i. Accessory agricultural buildings that are accessory to an Agricultural Operation
j. Kennels – private
k. Solar systems
l. Contractor yards, provided they are setback a minimum 650 feet from the center of
the road and meets the performance standards required by the Stearns County Land
Use and Zoning Ordinance.
m. Structures related to public airports
8. The following uses as such are defined in the Stearns County Land Use and Zoning
Ordinance) which are permitted or provisional uses in the Urban Expansion District shall require an
interim use permit in the OAA:
a. Temporary uses/Special Events
b. All uses under Section 9.15.7 of the Stearns County Land Use and Zoning Ordinance
c. Any other uses determined by the Joint Planning Board to be similar in nature and
impact to the conditional or interim uses enumerated herein and which are in
harmony with the City of St. Joseph Comprehensive Plan.
16
ORDINANCE 502 – ZONING ORDINANCE
Section 502.54: B-2 HIGHWAY 75 BUSINESS DISTRICT
Subd. 1: Intent. The Highway 75 Business District is intended to control the use and
development of land and improvements by creating a mixed land use district near and adjacent to
the County State Aid Highway 75 corridor in the City of St. Joseph. This shall be done by
allowing for a mixture of land uses and by establishing stringent standards for development. This
section shall be administered in a manner which will encourage and promote high-value
development in a manner similar to a planned unit development, taking full advantage of the
City’s highway location. It is also the purpose of the Highway 75 Business District that a
pleasant, attractive, and aesthetically pleasing environment be developed.
Subd. 2: Permitted Uses. The following uses are permitted:
a) Business Services
1. Banks
2. Office space
b) Food Services.
1. Grocery stores
2. Supermarkets
3. Restaurants, except drive-thru restaurants
4. Delicatessen
5. Bakeries whose product is sold at retail on premises
c) Personal Services.
1. Multiple Retail
2. Drug stores
3. Hardware stores
4. Book stores
5. Discount (‘Big Box’) retail stores
502.54-1
ORDINANCE 502 – ZONING ORDINANCE
6. Retail apparel stores
7. Flower shops
8. Beauty shops and salons
9. Photography shops and studios
10. Funeral homes
d) Medical Services.
1. Medical clinics
2. Dental clinics
3. Veterinary clinics
4. Other institutions providing health care.
e) Movie and Performing Arts Theaters.
f) Other use determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the Highway 75 Business District and subject to all the requirements in this
Section:
a) Commercial or business building for a use accessory to the principal use, not to
exceed 30% percent of the size of principal structure.
b) Signs as regulated in this Ordinance.
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.
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:
502.54-2
ORDINANCE 502 – ZONING ORDINANCE
1. Motor fuel facilities are installed in accordance with state and city
standards.
2. Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are
to be positioned to allow adequate access by motor fuel transports and
unloading operations minimize conflict with circulation, access and other
activities on the site.
3. Wherever fuel pumps are to be installed, pump islands shall be installed.
4. A protective canopy located over the pump island(s) may be an accessory
structure on the property; however, adequate visibility both on and off
site shall be maintained.
5. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
b) Office warehousing.
c) Lawn and garden temporary sales area.
d) Lumber yards and home improvement retail centers.
e) New or used auto dealerships.
f) Stone building material sales and service.
g) Recreational vehicle sales and services.
h) Transportation terminals, public utility and transfer stations, without storage
yards.
i) Equipment Services.
1. Radio and television shops
2. Appliance repair shops
3. Appliance show rooms
j) Recreational Services.
1. Theaters
2. Bowling establishments
502.54-3
ORDINANCE 502 – ZONING ORDINANCE
3. Clubs and lodges
k) Hotels
l) Motels
m) Drive-through and convenience food establishments, provided that an internal site
pedestrian circulation system shall be defined and appropriate provisions made to
protect such areas from encroachments by parked cars or moving vehicles.
n) Commercial car washes (drive through, self-service and mechanical) provided
that stacking space is constructed, subject to approval by the City Engineer, to
accommodate that number of vehicles which can be washed during a maximum
thirty (30) minute period.
o) Convenience Store with gasoline, provided that:
1. The sale of food items is in compliance with state and county standards
and subject to the approval of a Health Inspector who shall provide
specific written sanitary requirements for each proposed sale location.
2. The approximate area and location devoted to non-automotive
merchandise sales shall be specified in general terms in the application.
3. Motor fuel facilities are installed in accordance with state standards.
Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are to
be positioned to allow adequate access by motor fuel transports and
unloading operations minimize conflict with circulation, access and other
activities on the site.
4. Wherever fuel pumps are to be installed, pump islands shall be installed.
5. A protective canopy located over the pump island(s) may be an accessory
structure on the property however adequate visibility both on and off site
shall be maintained.
6. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
p) Postal Stations
q) Uses determined to be of a similar nature as those permitted under Subd. 2, upon
a finding that the uses will not be detrimental to the health, safety and welfare of
502.54-4
ORDINANCE 502 – ZONING ORDINANCE
the City, and that the use is consistent with the stated intent of the zone as
contained in Subd. 1.
Subd. 5: Conditions Applicable to All Conditional Use Permits. The following
conditions are applicable to all uses under a conditional use permit:
a) When abutting a residential use in a residential use district, the property is
adequately screened and landscaped.
b) Parking areas shall be screened from the view of abutting residential districts.
c) Vehicular access points shall be limited, shall create minimal conflict with
through traffic movements, shall comply with all appropriate Chapters of this
Ordinance as may be amended and shall be subject to the approval of the City
Engineer.
d) Provisions are made to control and reduce noise in accordance with MPCA
standards.
e) The entire site other than that taken up by a building, structure or plantings shall
be surfaced so as to control dust subject to the approval of the City Engineer.
f) The entire area shall have a drainage system subject to the approval of the City
Engineer.
g) The architectural appearance and functional plan of the building and site shall not
be so dissimilar to the existing buildings or area so as to cause impairment in
property values or constitute a blighting influence within a reasonable distance of
the lot.
h) All outdoor storage shall be completely screened from view.
Subd. 6: Interim Uses: 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.
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.
502.54-5
ORDINANCE 502 – ZONING ORDINANCE
3. The Interim Use Permit shall be obtained through the interim use
procedures set forth in this Ordinance.
b) Rental Units.
1. Residential units in areas that have been rezoned to commercial from
residential may be eligible for an Interim Use Permit as a rental unit for a
specific period of time. The maximum density for rental units under the
Interim Use Permit shall be limited to the density which is allowed in the
R-1 Single Family Residential District.
2. The Interim Use as a rental shall be obtained through the interim use
procedures set forth in this Ordinance.
3. In requesting such an interim rental use, the landowner agrees to any
conditions that the governing body deems appropriate for permission of
the use and agrees that the use will terminate at the designated date for
termination of the interim use.
4. Public hearings shall be held as set forth in this Ordinance.
Subd. 7: Setback Requirements.
a) Lot Size. Minimum lot size is 10,000 square feet with a minimum width of 100
feet, except lots platted prior to 1950.
b) Property adjacent to County State Aid Highway 75. Shall have a ten (10) foot
landscaped setback from the highway right-of-way line. Any structure shall have
a twenty (20) foot setback from the highway right-of-way.
c) Front yard. Setback shall be twenty (20) feet from the lot line.
d) Side yard. Setback shall be ten (10) feet from the lot line. If the property’s side
yard is adjacent to County State Aid Highway 75, the setback shall conform to
Subd. 7(b) of this Section.
e) Rear yard. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a
residential district.
f) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 8: Height Requirements.
a) Any portion of a structure shall not exceed 3 stories or 40 feet in height. Berming
the building does not allow a building to be constructed higher than 40 feet.
502.54-6
ORDINANCE 502 – ZONING ORDINANCE
Elevation for the building shall be determined by the average grade of the land.
Subd. 9: Site Coverage. No structure or combination of structures shall occupy more
than 60 percent of the lot area.
Subd. 10: Other Requirements.
a) Parking 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.
b) Loading Docks. All loading docks shall conform to the standards set forth in this
Ordinance. No loading docks or overhead doors shall directly face County State
Aid Highway 75.
c) Building Exteriors. All construction of new facilities, excluding additions to
existing facility constructed before this provision was adopted and the addition is
less than 50% of the square feet of the original building, shall consist of pre-cast
or cast tip up concrete walls, concrete block (painted or decorative), post
frame/steel frame with a concrete block or poured concrete complete perimeter
foundation with frost footings extending a minimum of eight inches (8”) above
the final grade, and stick built construction.
Pre-finished architectural metal panels, with a minimum twenty (20) year
manufacturer color-fast warranty, may be used as a construction material. The
exterior building finish of thirty (30%) percent of all four sides of the structure,
exclusive of windows and doors, shall consist of materials comparable to: face
brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum lapsiding; cut
block; and, concrete block (the surface must be treated with an applied decorative
texture or material). Pre-cast or cast in place concrete buildings shall provide as
much adornment as is possible considering their exterior finish limitations.
Accessory Buildings located in the rear yard or behind the principal structure, and
not visible from the public right-of-way must have an exterior harmonious with
the principal structure, all other accessory buildings must meet the 30%
adornment requirement stated above.
d) Roof Materials. Commercial grade asphalt shingles, wood shingles, standing seam
pre-finished architectural metal, slate, tile or copper. Flat roofs are exempt from
this requirement. The City Council may consider green roof options that reduce
stormwater runoff and improve water quality.
e) Screening. All heating, ventilation and air conditioning equipment, and refuse
storage areas shall be screened
f) Lighting. All lighting shall be hooded and no light may directly strike County
State Aid Highway 75 or areas outside of the development.
502.54-7
ORDINANCE 502 – ZONING ORDINANCE
g) Stops and Curbs. Concrete curb to B-612 specifications shall be used for all
automobile stops and for all drive and parking areas.
h) Landscaping. In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
i) Spoil /Construction piles: Properties annexed to the City of St. Joseph that were
governed by the 1997 Orderly Annexation Agreement where the main use of the
property is for business related to or reliant upon the storage/use of construction
material shall be allowed to continue to store material on site provided the
material is stored in the rear yard.
502.54-8
ORDINANCE 502 – ZONING ORDINANCE
Section 502.27: RURAL RESIDENTIAL DISTRICT
Subd. 1: Intent. To establish and preserve areas within the City for the continuation of
agricultural operations; to provide for very low density residential development for those persons
desiring a rural life-style, to preserve and protect areas where soil conditions, bedrock
conditions, steep slopes, significant vegetation, wetlands or other unique natural features which,
are best suited for open space and limited development and are necessary to maintain the
character of the area or the community and which would be irreparably harmed by denser
development and to allow for use of areas not suitable for urban development, to prevent rapid
urbanization and provide economy in public expenditures and to govern and implement the long
range urban service plan of the City as identified in the Comprehensive Plan.
Subd. 2: Purpose. The Rural Residential district is included in the zoning provisions to
achieve the following purposes:
a) Minimize land use conflict between agricultural and other land uses.
1. Maintain suitable boundaries for urban, rural residential and agricultural areas.
2. Prevent premature urban development in rural areas which eventually may be
appropriate for urban uses, until the installation of streets, utilities, and until the
demand exists for such development.
b) Manage the impacts of growth and development on the City’s rural character.
1. Discourage incompatible land uses through effective land use controls.
2. Identify appropriate areas for commercial, industrial and non-farm rural
residential developments.
3. Coordinate infrastructure expansion with development; and encourage
development where the infrastructure is adequate to serve that growth.
Subd. 3: Definitions. The following words and terms, in addition to the words and terms
identified in Section 502.04 in this Ordinance, shall have the following meanings, unless the
context clearly indicates otherwise:
a) Agricultural Building: A structure used for the storage and maintenance of
agricultural equipment, or the storage of livestock, feed, crops, or other agricultural
products.
b) Agricultural Operation: Real or personal property used for production of crops
including, but not limited to, fruit and vegetative production, tree farming, livestock,
poultry, dairy products or poultry products, but not a facility primarily engaged in
processing agricultural products. An agricultural operation shall also include certain
farm activities and uses as follows:
502.26-1
ORDINANCE 502 – ZONING ORDINANCE
a. Chemical and fertilizer spraying
b. Farm machinery noise
c. Extended hours of operation
d. Storage and spreading of manure and biosolids under state permit
e. Open storage of machinery
f. Odors produced from normal farm activities
g. On farm marketing of farm products
h. Yard waste and leaf composting site
i. Contaminated soils disposal
b)c) Animal Feedlot: a lot or building or combination of lots and buildings intended
for the confined feeding, breeding, raising or holding of animals and specifically
designed as a confinement area in which manure may accumulate or where the
concentration of animals is such that a vegetative cover cannot be maintained within
the enclosure. For purposes of this Section, petting zoos, horse stalls, riding arenas,
open lots and mink farms shall be considered to be animal feedlots. Pastures shall not
be considered animal feedlots. Animal feedlot shall include any manure storage
structure.
c) Animal Unit or A.U.:
d) Home Extended Business: An occupation or profession engaged in by the occupant of
a dwelling unit within said unit or accessory structure which involves the storage of a
limited amount of vehicles and equipment; repair; service or assembly requiring
equipment other than customarily found in a home; or the storage of stock in trade
incidental to the performance of a service. A home extended business shall be clearly
incidental and secondary to the residential use of the premises, and shall only include
the sale of merchandise incidental to the home extended business.
e) Hobby Farm: An area on which crops are grown and or livestock (excluding fur-
bearing livestock) are raised.
f) Residential Subdivision: A described tract of land which has been divided into single
st
family residential lots establishing a residential neighborhood. Areas include 1
Avenue NE at First Street East to CO RD 2, CO RD 2 at First Street East to Jasmine
Lane, Forest Manor Addition, River Ridge Estates, and Sunset Ridge.
Subd. 4: Permitted Uses.
a) Agricultural Operation
b) Single family detached dwelling unit
c) Hobby Farms
502.26-2
ORDINANCE 502 – ZONING ORDINANCE
d) Roadside stand for the sale of agricultural products produced on the premises
(providing that such stands conform to the requirements of this Title relative to
construction, setback and use).
e) Public parks, recreational areas, environmental study areas and game refuges.
f) Forestry, nurseries, green houses and tree farms excluding retail sales.
g) Residential care facilities serving 126 or fewer residents
g) Residences for principal farm operators
Subd. 5: Conditional Uses. The following uses require a Conditional Use Permit as
regulated in this Ordinance.
a) Antennas - TV/Radio Receiving, Short Waive/Private Transmitting.
b) Essential Services, Transmission Services and Utility Substations
c) Animal Feedlot expansions
c) Bed and Breakfast Inns
d) Government administrative and service buildings
e) Home extended businesses
f) Commercial outdoor recreation facilities, including golf courses, club houses,
swimming pools and similar uses.
g) Kennels – private
h) Solar Systems
i) Structures related to public airports
j) Cemeteries
k) Facilities for retail or wholesale trade connected with nursery or tree farms
l) Places of Worship
m) Public and private schools
502.26-3
ORDINANCE 502 – ZONING ORDINANCE
n) Uses the City Council determines to be of similar nature to the listed conditional
uses above and found not to be detrimental to the City’s general health and
welfare.
n) Residential care facilities serving 7-16 residents.
Subd. 6: 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 Section 502.17Ordinance.
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. 7: Permitted Accessory Uses.
a) Accessory Buildings on (residential properties) provided:
i. The accessory building is located in the rear yard
ii. The size of the accessory building shall not exceed the square footage
footprint of the principal structure.
iii. The same or similar exterior building material (such as siding, shingles,
etc) shall be used on the accessory building and the principal building.
iv. Pole barns and/or post frame construction and hoop tubular frame
buildings are prohibited in residential subdivisions.
v. 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.
b) Agricultural Buildings
c) Operation and storage of vehicles, machinery and equipment which is incidental
to permitted or special uses allowed in this district.
c) Home occupations per Section 502.16.
d) Private swimming pools.
e) Private sports courts i.e. tennis, basketball, etc.
502.26-4
ORDINANCE 502 – ZONING ORDINANCE
f) Personal amateur radio and television antennas and satellite dish antennas.
Subd. 8: 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. 9: Setback Requirements.
a) Front yard setbacks of not less than 30 feet from all other public right-of-ways,
unless:
i) 30 percent or more of the frontage on the same side of the street between
two intersecting streets is improved with buildings that have observed a
greater or less depth of front yard in which instance no buildings shall
project beyond a straight line drawn between the point closest to the street
of the residence upon either side of the proposed structure or,
ii) If there be residences upon only one side, then be on the straight line
projected from the front of the two nearest residences.
iii) This regulation shall not be interpreted to require a front yard of more than
100 feet.
b) Side yard setback shall be 15 feet. Wherever a lot of record existing at the time of
the passage of this Ordinance has a width of 75 feet or less, the side yard on each
side of a building may be reduced to a width of the lot, but in no instance shall it
be less than 5 feet.
c) Rear yard setbacks shall be not less than 40 feet in width from each building.
Subd. 10: Height Requirements.
a) Buildings, other than agriculture buildings, shall not exceed thirty five (35) 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
502.26-5
ORDINANCE 502 – ZONING ORDINANCE
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. 11. Site Coverage. No structure or combination of structures shall occupy more
than 30% of the lot area.
Subd. 12: Rural Quality of Life Provisions. Property zonedThe Rural Residential zone
applies to properties that have been annexed to the City of St. Joseph that were governed by the
1997 Orderly Annexation Agreement. Properties in this area are rural in nature and hasve not
been impacted by urban development and shall not be heldexempted from certain to the same
requirements applicable in other zones that have been developed to an urban density. The
exemptions are as follows: as it relates to:
a) Allowed Animals. Property owners whose property is zoned Rrural Rresidential
shall have the following flexibility in relation to Ordinance not be held to the
regulations of Ordinance 1004, Licensing and Regulations of Animals:
i. Up to four (4) domestic dogs over three months old shall be allowed per
household.
ii. Farms animals including but not limited cattle, horses, hogs, chickens,
geese, sheep, goats, pigs, ducks and turkeys shall be allowed.
iii. Licenses shall not be required for domestic dogs.
iv. Animals shall be allowed to run at large unless this issue becomes a
nuisance generating wherecomplaints from neighbors. are complaining.
b) Hunting/Firearms. Recreational firearm and bow arrow usage will be permitted
without a permit with the following conditions:
i. Property owners must adhere to all State and Federal laws regarding
hunting and the use and discharge of firearms, and bows and arrows.
ii. The Police Chief will monitor development of properties located within
this zoning district and as urbanization occurs, Firearms and Hunting may
be restricted.
c) Burning. Properties zoned Rural Residential shall be exempt from Ordinance
1003, Fire and Burning regulations provided:
i. Any open burning must be approved and permitted by the MN DNR.
d) Rental Regulations: Properties located in the Rural Residential zoning district
shall not be restricted from renting their dwelling or portion thereof. The property
owner shall be required to secure a rental license annually.
502.26-6
ORDINANCE 502 – ZONING ORDINANCE
e) Wood Burning Stoves: Properties located in the Rural Residential zoning district
may utilize wood burning stoves as a form of alternative heat provided:
a. The wood burning stove meets the minimum setback requirements based
on the manufacturer’s guidelines.
b. Building Permits are secured for the installation
c. All stoves must meet the MPCA Guidelines
f) Noise. Rural Residential areas shall be exempt from the Noise Ordinance (1002)
provided that noise as defined in the Noise Ordinance does not become a public
nuisance or an endangerment to others.
Subd. 13: Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
502.26-7
ORDINANCE 502 – ZONING ORDINANCE
Section 502.62: LI-LIGHT INDUSTRIAL DISTRICT
Subd. 1: Intent. The Light Industrial District provides space for industrial activities
involving a minimum degree of refuse byproducts and air or noise pollution, and requiring a
relatively low level of on-premise processing. These activities may include secondary
commercial functions which are conducted on site.
Subd. 2: Permitted Uses. The following use shall be permitted within the LI-Light
Industrial District:
a) Assembly plants and manufacturing enterprises of a wide variety of products that
do not cause noxious odors or noise, including excessive users of water and
sewer. Examples of such uses include: fabrication or assembly of small products
such as opticals, electronics, pharmaceuticals, medical supplies and small
equipment.
b) Publishing establishments.
c) Clothing or apparel manufacturing or assembly.
d) Business incubator facilities.
e) Bottling establishments.
f) Dry cleaning and drying establishments.
g) Manufacturing/assembly of crates, boxes, baskets, furniture, veneer,
cabinets and similar word items.
h) Building materials sales and storage/ lumberyards.
i) Manufacturing of plastic, fiberglass and metal products.
j) Mini-storage.
k) Major automotive repair.
l) Offices/showroom/retail space as a portion of the principal industrial use provided
they do not exceed a combined 25 percent of the total square footage of the
principal use.
m) Appliance assembly and warehousing.
502.62-1
ORDINANCE 502 – ZONING ORDINANCE
n) Industrial research laboratories.
o) Manufacturing of small electrical parts and service.
p) Newspaper and printing plants.
q) Telecommunication facilities, base stations.
r) Telemarketing and mail order establishments.
s) Warehousing, of non-explosive material and equipment within the structure.
t) Wholesale or distributor storage and distribution of non-hazardous materials.
u) Wholesale water conditioning systems.
v) Uses determined to be of a similar nature as those contained in this section upon a
finding that the uses will not be detrimental to the health, safety and welfare of the
City, and that the use is consistent with the stated intent of the zone as contained
in Subd. 1.
Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the Light Industrial District and subject to the all the requirements in this
Section:
a) Restaurant, lunch counters, confectioneries to serve the employees employed
within the District.
b) Residential structures and related residential uses necessary for security and safety
reasons in relation to the principal use.
c) Off-street parking and off-street loading.
d) Outdoor storage as regulated in this Ordinance.
e) Office accessory to the principal use.
f) Signs as regulated in this Ordinance
g) Temporary buildings for construction purposes for a period not to exceed a period
of 12 months.
Subd. 4: Conditional Uses. The following uses shall require a Conditional Use Permit as
provided for in this Ordinance.
a) Adult Entertainment as regulated in this Ordinance.
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ORDINANCE 502 – ZONING ORDINANCE
b) Commercial activities relating to production systems, structural maintenance
programs or the construction industry.
c) Service structures, public or private, designed and used to serve the uses in the
surrounding area, such as electric power substation, telephone buildings, deep
wells, elevated tanks and similar structures and uses.
d) Biotechnology and health science research, development, manufacturing, and/or
production facilities including but not limited to devices, products, components,
and services whether organic or inorganic in nature.
e) Commercial/Industrial Planned Unit Development.
f) When property within a Light Industrial District abuts County State Aid Highway
75:
1. Motels
2. Gasoline service stations
3. Restaurant or supper clubs
4. Drive-in establishments, provided that an internal site pedestrian
circulation system shall be defined and appropriate provisions made to
protect such areas from encroachments by parked cars or moving vehicles.
5. Open sales or temporary rental lots
g) Indoor Firing Range provided that:
1. The firing range shall not be located on any lot adjacent to an existing
Residential, Educational/Ecclesiastical or Public District unless the facility
is separated by a public right-of-way.
2. The firing Range shall not be located within one thousand (1,000) lineal
feet, measured from building to building, of an existing firing range or
establishment licensed to dispense intoxicating or non-intoxicating liquor,
nor shall they be in a building that dispenses liquor.
3. The building and method of operation shall conform with the applicable
Minnesota Pollution Control Agency, Environmental Protection Agency,
and OSHA standards for indoor ventilation, emission into the atmosphere,
indoor sound levels, lead containment and outside noise standards.
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ORDINANCE 502 – ZONING ORDINANCE
4. The design and construction of the firing range shall completely confine
all ammunition rounds within the building and in a controlled manner.
The design and construction of the firing range shall be certified by a
registered engineer in the State of Minnesota. The certified plans shall
include the specifications and construction of the bullet trap (s), ceilings,
exterior and interior walls and floors. The certified plans shall state what
type and caliber of ammunition the range is designed to totally confine.
5. No ammunition shall be used in the range that exceeds the certified design
and construction specifications of the firing range.
6. Firearms shall not be stored on the premises when the range is closed for
Business, unless they are stored in a secured vault.
7. On-site supervision shall be supplied at all times by an adult with
credentials as a range operator. The range operator shall be responsible
for the conduct of their place of business and the conditions of safety and
order in the place of business and on the premises.
8. On site instruction shall be given only by Certified Firearms Instructors.
Current certificates for firearms instructors shall be on display in a
conspicuous location in the premises and available for public inspection at
all times.
9. The transport of firearms on the premises, to the premises and from the
premises shall conform to State Law.
10. Minors shall not be allowed in the range unless accompanied by an adult
at all times. This provision shall not be interpreted to prohibit minors
from participating in a firearm safety class or using the facility provided
they are supervised by an adult instructor.
Subd. 5: Lot Area Requirements.
a) Minimum Lot Size: One (1) acre (43,560 square feet). Minimum lot width one
hundred (100) feet.
b) Impervious surfaces shall not exceed 80% of the lot area. Impervious surfaces
shall include all structures, parking spaces and driveway connecting the parking
space with a street or alley.
Subd. 6: Setback Requirements. No part of the structure including footings, soffits,
gutters or other overhangs shall encroach on easement areas.
Front Yard Setbacks.
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ORDINANCE 502 – ZONING ORDINANCE
a) Front yard setback shall be thirty (30) feet from the lot line. On corner lots, the
setback from all lot lines abutting a street shall be thirty (30) feet. When an
industrial district lot is separated from a residential zone by a city street, the
setback from the lot line shall be one hundred (100) feet.
b) Front yards abutting any roadway: the setback shall be landscaped as in
accordance to the requirements of any applicable protective covenants and such
reasonable requirements as established by the City, and shall not be used for
parking.
Side Yard Setbacks.
a) Side yard setback shall be at least twenty-five (25) feet from the lot line.
Development occurring on lots platted prior to January 1, 1999 shall be subject to
the ten foot side yard setback requirement in effect at the time of platting.
b) A Light Industrial District side yard adjacent to a residential boundary line shall
provide for a landscaped strip of at least sixty (60) feet in width along the lot
boundary line. The landscaped strip shall be planted with an evergreen hedge to
provide a screen. The governing body may require additional side yard setback in
these cases. When such additional width is required, such additional width shall
not exceed one hundred (100) feet.
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.
b) A Light Industrial District rear yard adjacent to a residential boundary shall
provide a landscaped strip of at least sixty (60) feet in width along the lot
boundary line. The landscaped strip shall be planted with an evergreen hedge to
provide a screen. The governing body may require additional side yard setback in
these cases. When such additional width is required, such additional width shall
not exceed one hundred (100) feet.
Subd. 7: Height Requirements.
a) No building constructed in any Light Industrial District shall be more than fifty-
five (55) feet in height. Berming the building does not allow a building to be
constructed higher than 55 feet. Elevation for the building shall be determined by
the average grade of the land.
Subd. 8: Site Coverage. No structure or combination of structures shall occupy more
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ORDINANCE 502 – ZONING ORDINANCE
than 50 percent of the lot area.
Subd. 9: Other Requirements.
a) Parking Lots. All parking lots shall conform to the standards set forth in this
Ordinance. All lots shall include parking controls and other landscaping
techniques to improve their aesthetic quality and to direct the flow of traffic.
b) Loading Docks. All loading docks shall conform to the standards set forth in this
Ordinance. No loading docks or overhead doors shall directly face County State
Aid Highway 75.
c) Building Exteriors. All construction of new facilities, excluding additions that are
less than 30% of the existing structure, shall consist of pre-cast or cast tip up
concrete walls, concrete block (painted or decorative), and stick built construction
and shall include footings that meet the requirement of the MN State Building
Code, in relation to frost protection.
Pre-finished architectural metal panels, with a minimum twenty (20) year
manufacturer color-fast warranty, may be used as a construction material. A
minimum of twenty-five (25%) of the exterior building finish directly facing
streets, exclusive of windows and doors, shall consist of materials comparable to:
face brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum
lapsiding; cut block; and, concrete block (the surface must be treated with an
applied decorative texture or material). Pre-cast or cast in place concrete
buildings shall provide the same amount of adornment.
Accessory Building located in the rear yard or behind the principal structure, and
not visible from the public right-of-way must have an exterior harmonious with
the principal structure, all other accessory buildings must meet the 30%
adornment requirement stated above.
d) Roof Materials. Commercial grade asphalt shingles, wood shingles, standing seam
pre-finished architectural metal, slate, tile or copper. Flat roofs are exempt from
this requirement. The City Council may consider green roof options that reduce
stormwater runoff and improve water quality.
e) Every applicant shall be required to submit for approval a landscape plan
providing for the planting of trees and other vegetation.
f) 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.
g) 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
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ORDINANCE 502 – ZONING ORDINANCE
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.
h) All activities that emit radioactivity shall comply with the minimum requirements
of the Federal regulatory body.
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 Marshall's office within 12 months following enactment of this Ordinance.
j) Screening. All heating, ventilation and air conditioning equipment, and refuse
storage areas shall be screened and in a suitable location.
k) Lighting. All lighting shall be hooded and no light may directly strike any
street/highway or areas outside of the development.
l) Landscaping. In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
m) Spoil /Construction piles: Properties annexed to the City of St. Joseph that were
governed by the 1997 Orderly Annexation Agreement where the main use of the
property is for business related to or reliant upon the storage/use of construction
material shall be allowed to continue to store material on site provided the
material is stored in the rear yard.
502.62-7
Annexation OverviewSt. Joseph Orderaly
the following:
January 25 2.Taxes–Summary of Issues
Concerns from the meeting can be classified into one of 1.3.Why annex, what benefit do residents receiveGovernance –Ordinance Regulation
the City could effectively and efficiently plan infrastructure extensionexpiration dates with the last zone expiring December 31, 2017
Services
••••The 1997 OAA was established to facilitate long term planning so that Stearns County could no longer provide Zoning Administration The current City boundaries are fragmented with
island areasThe OAA divided the area into three annexation districts with
Why Annex?
•After 12+ months the City and Township agreed to assign the City as terms are fulfilledstops.process to secure a building permit can be streamlined with fewer as a guide.the Zoning
Administrator, using Stearns County Land Use Ordinances
•Avoid duplication of services
••The current process is cumbersome for the Township residents. The
Why Annex?
•The OAA includes a provision whereby undeveloped property remains City Tax rate. reviewed annually and adjusted to increase at the same rate as the taxed at the Township rate.
•The City has agreed to establish a Rural Tax Rate. The rate will be
TAXES
Township. The City will create an Urban Expansion District so that the utilities cost effectively and efficiently.
fashion after the annexation. If you could do before the annexation same provisions can apply.you can continue.
It is the intent of the annexation to:
•••Allow residents to continue to utilize their property in the same Allow for orderly development of property to be able to extend
GOVERNANCE –Ordinance Regulation
Public input questioned the application of the following Ordinances:
HuntingConstruction storageSign RegulationsWood BurningAccessory BuildingPublic UrinationAllowed AnimalsOpen ContainerBurningKegRestrictionsStovesSize
GOVERNANCE –Ordinance Regulation
•The City has adopted an assessment policy for infrastructure per unit.improvements.
•Streets are assessed on front footage; water and sewer are assessed
OTHER –Assessments