HomeMy WebLinkAbout[08b} Summary Publication • ` Council Agenda Item [08b]
MOFSr.JOSEPH
MEETING DATE: November 5,2018
AGENDA ITEM: Administrator Reports—Summary Publication
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: At the October 15,2018 the City Council approved resolutions allowing
for summary publication of the newly created Rural Residential District and modifications to the Industrial and
Commercial districts as it relates to stock piling of material for newly annexed properties. The vote on the
motion was 3-1-1
BACKGROUND INFORMATION: The authority to summary publish an Ordinance requires a super
majority or a 4-1 vote minimally. The vote on October 15 did not meet that requirement. To publish the entire
Ordinances would exceed$2,000. Administration is clarifying the understanding of the Council as it relates
to this motion.
ATTACHMENTS: Council Packet information from October 15,2018
REQUESTED COUNCIL ACTION: Reconsideration of the motion to allow for summary publication
authorizing the Mayor and Administrator to execute Resolution 2018-043 approving the summary publication
of the adoption of Ordinance 52.27 Rural Residential and amendments to 502.54 and 502.62
CrrYOFtit xx+EPIt Council Agenda Item 4 (c)
MEETING DATE: October 15,2018
AGENDA ITEM: Summary Publication-Requested Action: Authorize the Mayor
and Administrator to execute Resolution 2018-043 approving summary publication of the adoption of
Ordinance 52.27 Rural Residential and amendments to 502.54 and 502.62.
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: The City council approved the Ordinance at the September 17,
2018 Council meeting with the removal of the reference to public airports and clarifying language on the
impacted properties. The Council also delayed action on summary publication until the revisions are
completed.
BACKGROUND INFORMATION: Subd. 12 has been amended to include the following:
Properties in this area are rural in nature and have not been impacted by urban development and shall
be exempted from certain requirements applicable in other zones that have been developed to an urban
density. The exemptions for the properties annexed to the City of St. Joseph that were governed by the
1997 Orderly Annexation Agreement expire when the annexed properties are taxed at the full City tax
rates. These properties are defined in Appendix B of this Ordinance, which consists of the 1997 Orderly
Annexation Agreement
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Final Ordinance
Resolution 2018-043 Authorizing Summary Publication
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolution
2018-043 approving summary publication of the adoption of Ordinance 52.27 Rural Residential and
amendments to 502.54 and 502.62.
CITY OF ST. JOSEPH
RESOLUTION 2018-043
RESOLUTION AUTHORIZING SUMMARY PUBLICATION
ORDINANCE 502-ZONING ORDINANCE
RECITALS:
WHEREAS,on September 17, 2018,the City Council for the City of St. Joseph amended the text
to Ordinance 502—Zoning Ordinance,adopting Section 502.27, entitled"RR-Rural Residential District"
and amending Sections 502.54"B-2 Highway 75 Business District"and 502.62 "LI-Light Industrial
District"; and
WHEREAS,the City of St. Joseph desires to publish the Ordinance by Summary Publication; and
WHEREAS,the intent of the amendments are to address changes within the zoning ordinance
related to adding a new rural residential district to preserve areas within the City for the continuation of
agricultural operations, open space and provide for very low density residential development and a rural
life-style. The proposed ordinance amendments to Sections 502.54 and 502.62 clarifies impervious
surface and mechanical equipment screening and includes provisions for existing construction piles.
WHEREAS,the full text of the amended Ordinance is available at the St. Joseph Government
Center, 75 Callaway Street East or on the City website,www.cityofstjoseph.com.
THEREFORE,IT IS HEREBY RESOLVED:
1. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the
Ordinance.
2. The City of St.Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this 15th day of October, 2018,by a vote of in favor and opposed.
CITY OF ST.JOSEPH
By
Rick Schultz,Mayor
By
Judy Weyrens,Administrator
ORDINANCE 502—ZONING ORDINANCE
Section 502.27: RR- 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:
502.27-1
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
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.
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.
0 Residential Subdivision: A described tract of land which has been divided into single
family residential lots establishing a residential neighborhood. Areas include Pt
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
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).
502.27-2
ORDINANCE 502—ZONING ORDINANCE
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 6 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) Cemeteries
j) Facilities for retail or wholesale trade connected with nursery or tree farms
k) Places of Worship
1) Public and private schools
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 502.17.
502.27-3
ORDINANCE 502—ZONING 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. 7: Permitted Accessory Uses.
a) Accessory Buildings on residential properties shall be exempt from Section
502.12 Subd. 1 of this Ordinance and shall meet the following:
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 and five(5)percent of the total lot area
in a residential subdivision. Properties that are less than 27,000 square feet
in size shall comply with R-1 district accessory building size
requirements.
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 in compliance with Section 502.12 Subd. 4. For an in-
ground pool, an automatic pool cover can be used in lieu of fencing requirements
provided it is certified and complies with ASTM (American Society of Testing
and Materials) F 1346-91 standard, or successor standard.
e) Private sports courts i.e. tennis,basketball, etc.
fj Personal amateur radio and television antennas and satellite dish antennas.
Subd. 8: Lot Area Requirements.
502.27-4
ORDINANCE 502—ZONING ORDINANCE
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 35 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. 11. Site Coverage. No structure or combination of structures shall occupy more
than 30% of the lot area.
502.27-5
ORDINANCE 502—ZONING ORDINANCE
Subd. 12: Rural Quality of Life Provisions. The Rural Residential zone applies to
properties 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 have not been impacted by urban
development and shall be exempted from certain requirements applicable in other zones that
have been developed to an urban density. The exemptions for the properties annexed to the City
of St. Joseph that were governed by the 1997 Orderly Annexation Agreement expire when the
annexed properties are taxed at the full City tax rates. These properties are defined in Appendix
B of this Ordinance, which consists of the 1997 Orderly Annexation Agreement. The exemptions
are as follows:
a) Allowed Animals. Property owners whose property is zoned Rural Residential
shall have the following flexibility in relation 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 complaints from neighbors.
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.
e) Wood Burning Stoves: Properties located in the Rural Residential zoning district
may utilize wood burning stoves as a form of alternative heat provided:
502.27-6
ORDINANCE 502—ZONING ORDINANCE
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.
502.27-7