HomeMy WebLinkAbout[05] Zoning Ordinance AmendmentsCITY [)F ST. JOSEPH
MEETING DATE
AGENDA ITEM:
SUBMITTED BY:
Planning Commission Agenda Item 5
March 11, 2019
Public Hearing, Zoning Ordinance Amendments
Community Development
STAFF RECOMMENDATION: Approve Amendments to Ordinance 502 -Zoning Ordinance
PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission reviewed the
proposed amendments to the General Performance Standards on February 28, 2019 and the proposed
amendments to the Tower Ordinance last September. The Planning Commission directed staff to schedule
the public hearing for review.
BACKGROUND INFORMATION: During the 2017 legislative session, the Minnesota Legislature
enacted amendments to Minnesota Statutes related to telecommunication facilities. The purpose of the
amendments to the Tower Ordinance are to properly manage telecommunication towers, small cell
equipment and DAS, while being consistent with federal and state law.
The City has received interest to allow solar panels on the roofs of buildings. The City 2018
Comprehensive Plan supports both wind and solar energy systems and as such proposed language has
been included in the General Performance Standards adding solar and wind energy systems.
This also provided an opportunity to review further ordinance updates that may be needed due to changes
in community needs, ordinance intent and relevance, and consistencies with MN State Statutes, MN State
Building Code and the City Comprehensive Plan. Proposed amendments to the City Stormwater
Management Ordinance has been drafted to be consistent with the City's Municipal Separate Storm
Sewer System (MS4) General Permit from the MN Pollution Control Agency (MPCA). Staff reviewed
guidance documents from the MPCA and ordinances of the area cities in drafting the proposed
amendments. City engineering, SEH staff also reviewed and provided guidance in the drafting of the
Stormwater Management Ordinance.
ATTACHMENTS: Request for Planning Commission Action
Public Hearing Notice
Proposed Amendments to Ordinance 502 -Zoning Ordinance
REQUESTED PLANNING COMMISSION ACTION: Motion to Approve Amendments to
Ordinance 502 — Zoning Ordinance.
1. www.cityofst oseph.com
A Immi,
CITY OF ST. JOSEPH[
City of St. Joseph
Public Hearing
Zoning Ordinance Amendments
Administrator The St. Joseph Planning Commission will hold a public hearing in the St. Joseph
Government Center, 75 Callaway Street East on Monday, March 11, 2019 at 6:00 PM,
Judy Weyrens or soon thereafter as the matter may be heard, to hear all persons present upon the
proposed ordinance amendments. The purpose of the hearing is to consider amending
Ordinance 502, Zoning Ordinance, including amending stormwater management
Mayor standards, general performance standards allowing for solar and wind energy systems,
Rick Schultz B-1 and B-2 district permitted uses, and telecommunication regulations. A copy of the
proposed changes are available for review at the St. Joseph Government Center or on
the City website at www.cityofstioseph.com.
Councilors Written testimony may be mailed to: City of St. Joseph; 75 Callaway St. E; St.
Anne Buckvold Joseph MN 56374.
Troy Goracke
Bob Loso Judy Weyrens
Brian Theisen
Administrator
Publish: March 1, 2019
75 Callaway Street East • Saint Joseph, Minnesota 56374
Email cityoffices@cityofst oseph.com Phone 320.363.720I Fax 320.363.0342
ORDINANCE 502 — ZONING ORDINANCE
Section 502.12: GENERAL PERFORMANCE STANDARDS
The intent of this section of the zoning ordinance is to establish general development
performance standards. The regulations provided herein shall apply equally to all districts except
where special provisions provide otherwise.
Subd. 1: Accessory Buildings in Residential Districts.
a) Detached accessory buildings shall be located in the rear yard.
b) Detached accessory buildings which are greater than fifty (50) square feet, but
less than ei+etwo-hundreds (4 9200) square feet shall require a zoning
permit. The Zoning Permit Fee shall be established and amended from time to
time by resolution of the City Council.
C) Detached accessory buildings two -hundreds (4- 8200)
square feet or greater shall require a building permit.
d) Attached accessory buildings and structures shall comply with the setback
regulations in the respective zoning district. Detached accessory buildings shall be
setback a minimum of ten feet (10') from the rear and side yard lot lines, except
that on corner lots shall have a side yard setback of twenty feet (20') feet from the
property line on the intersecting street. Accessory buildings shall not be located
over any easement.
e) Accessory buildings shall not to exceed over one (1) story of sixteen (16) feet in
height.
f) All garages shall, if the vehicle entrance backs upon a public alley, be setback at
least ten (10) feet from the public alley right-of-way.
g) In no case shall the door of any structure, building, fence or improvement be
erected or constructed so as to extend beyond any lot line.
h) In business and manufacturing districts, accessory buildings and uses may occupy
any of the ground area which the principal building is permitted to occupy.
Accessory buildings such as buildings for parking attendants, guard shelters, gate
houses and transformer buildings, may be located in the front or side yard in the
Industrial District.
i) Within the R-1, R-2 and R-4 districts no accessory structures, excluding decks,
porches and patios but including attached garages, or any combination of
accessory structures shall exceed 1,350 square feet or ten percent (10%),
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ORDINANCE 502 — ZONING ORDINANCE
whichever is the lesser, of the total lot area. In addition, lot coverage
requirements outlined within the respective districts shall be adhered to.
j) Within the R-1, R-2, and R-4 districts no lot may have more than two (2)
accessory buildings, excluding decks, porches and patios.
k) Accessory building of less than fifty (50) square feet shall not be considered when
computing the limitations of paragraph i. and j. above; but the combined area of
accessory building of less than 50 square feet shall not exceed a total of 100
square feet.
1) The same or similar exterior building material (such as siding, shingles, etc.) shall
be used on the accessory building and the principal building.
m) Pole barns and/or post frame construction and hoop tubular frame buildings are
prohibited.
Subd. 2: Carport. A shelter for a vehicle consisting of a roof built out from the side of a
building and supported by a wall, with a minimum of two open sides.
a) The structure shall meet the Minnesota Building Code and City Ordinances for
accessory buildings.
b) Post frame construction is prohibited.
C) Structural wall must be set on footings.
d) The parking pad shall consist of a durable and dust free surface consisting of
concrete, asphalt, paving stones, or similar material.
e) The structure shall meet the side and rear yard setbacks for the zoning district for
which the carport is located.
f) The carport area shall be included in the maximum allowed accessory area per lot
for the zoning district for which the carport is located.
Subd. 3: Fencing. See Ordinance 506.00, Fence Ordinance which applies to the
construction and maintenance of all walls, fences, to include living fences.
Subd. 4: Swimming Pools, Spas, Hot Tubs
a) The swimming pool, spa or hot tub shall meet all required setbacks for the zoning
district for which they are located.
b) The swimming pools or yard around the pool shall be enclosed by a wall, fence or
combination thereof which is at least [6] feet in height with a self-closing gate
capable of being secured with a lock so as to prevent uncontrolled access. All
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ORDINANCE 502 — ZONING ORDINANCE
points of access shall be made lockable. 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) F1346-91
standard, or successor standard.
C) For in -ground pools, required fencing shall be of durable material and shall be so
designed as to discourage climbing.
d) For above ground pools, pools sides that are vertical or slanted outward may
contribute to the required fencing, provided all points of access are controlled,
including the removal of all ladders or stairs when the pool is not in use.
e) If access to the pool is via a deck or porch, then no access from the ground is
permitted to the deck areas unless the property or ground access to the deck is
fenced. Entrances shall be equipped with self-closing, latching and lockable gates,
and be placed on the top of the gate.
f) Temporary pools do not require safety fencing.
g) All out door spas and hot tubs require safety covers; therefore safety fencing is
not required.
Subd. 5: Screening and Landscaping.
a) Lands cMeNe getation Covering Required. In all zoning districts the lot area
remaining after providing for parking, driveways, loading, sidewalks or other
requirements shall be planted and maintained in grass, sodding, shrubs or other
acceptable vegetation or landscaping techniques. Prior to any turf establishment,
the portion of the lot to be established with turf must have a minimum of four (4)
inches of black dirt as a base.
b) Grass and Ground Cover.
1. Open Areas: All open areas of the site not occupied by building, parking,
walkways, other permitted structures or storage shall be grass or approved
ground cover. Ground cover shall be planted in such a manner as to
present a finished appearance.
2. Undisturbed Areas: Exception to this is the undisturbed areas containing
natural vegetation, which can be maintained free of foreign and noxious
materials.
c) Minimum Size of Trees and Shrubs. The following minimum standards shall be
required for industrial, commercial, institutional, public/semi-public, and multiple
family residential uses:
1. Overstory deciduous trees - 1 1/z inch diameter
2. Ornamental trees - 1 1/2 inch diameter
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ORDINANCE 502 — ZONING ORDINANCE
3. Coniferous trees - 4 feet tall
4. Major shrub planting — 2 gallons
d) Performance Standards. A landscape plan must be submitted with each project
and such plan must be prepared by an experienced landscape person. In order to
achieve landscaping which is appropriate to scale with the site of a building and
site, the minimum standards apply to all districts except A, R-1, R-2, R-4, and B-1
Trees: One tree for every one thousand (1,250) square feet of total
building floor area or one tree for every one hundred feet (100') of site
perimeter, whichever is greater. A minimum of twenty-five percent (25%)
of the trees required will be coniferous.
2. Ornamental Trees: One ornamental tree can be substituted for every six -
tenths (6/10) overstory deciduous shade tree. In no case shall ornamental
trees exceed fifty percent (50%) of the required number of trees.
3. Understory Shrubs: One understory shrub for every four hundred fifty
(450) square feet of building or one shrub for every seventy five feet (75')
of site perimeter, whichever is greater.
4. R-1, R-2, R-4, and R-5 Districts: Minimum standards set above apply to
R-1, R-2, R-4 and R-5 Districts in these instances:
A. Double frontage lots.
B. Anything other than a single-family home.
e) Credit for Large Trees. The total number of required overstory trees may be
reduced by one-half (1/2) tree for each new deciduous trees measuring four and
one-half inches (4 '/2") or more in diameter or each new coniferous tree measuring
eighteen feet (18') or more in height. In no event, however, shall the reduction be
greater than twenty five percent (25%) of the total number of trees required.
f) Credit for Existing Trees. The total number of required new overstory trees may
be reduced by the retention of existing overstory trees; provided, that the
following conditions are met:
Size and Species: Such trees fulfill the minimum requirements of this
Ordinance as to condition, size and species. City staff shall decide the
amount of the credit for such exiting trees based upon their condition,
location and distribution in the lot.
2. Protection during Development. Proper precautions to protect trees during
development shall be indicated on grading plans submitted for plan
review. These precautions shall be included in the landscape surety.
g) Maintenance. The property owner shall be responsible for replacement of any
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ORDINANCE 502 — ZONING ORDINANCE
dead trees, shrubs, ground covers and sodding.
h) Methods of Installation. All deciduous and coniferous trees shall be planted in
accordance with American Nursery and Landscape Association standards.
i) Landscaping/Planting in Easements. Plantings such as trees and bushes may be
placed in and utility easements at the risk of the property owner, provided they are
approved through the process identified in St. Joseph Ordinance No. 302, and
they do not change or interfere with the drainage. The city does not encourage
extensive plantings or landscaping in the easement area because of potential
drainage problems and the possibility of utility work in the easements. The city or
utility service providers shall not be required to replace plantings or landscaping
removed or damaged during work within the easement area.
j) Double Fronted Lots. Double fronted residential buildings and lots adjacent to
collector or arterial streets shall be screened. A fifteen -foot (15') area for
landscaping shall be provided. Screening shall be accomplished by a combination
of earth berming and planting. Other requirements may be imposed on a case-by-
case basis. The required screening must be placed within the fifteen -foot (15')
buffer area and designed by an experienced landscape person.
k) Light Encroachment. The light from automobile headlights and other sources
shall be screened whenever it may be directed onto adjacent residential windows.
1) Buffer Requirements. Where a business development and/or parking lot
exceeding five (5) spaces abuts upon a Residential District or use there shall be a
protective strip of not less than 15 feet in width established as a buffer zone.
Landscaped buffer must contain a fence or evergreen hedge.
m) Multi -Family Developments (R-3 and PUD). When adjacent to a lower density
residential use, all multifamily developments shall provide a landscaped area
within the minimum setback area. The landscaped area shall provide plantings
within the setback as a buffer between structures and the lower density residential
property line.
n) Planting Screens. A planting screen shall consist of healthy, fully hardy plant
materials and shall be designed to provide a minimum year-round opaqueness of
eighty percent (80%) at the time of maturity. The plant material shall be of
sufficient height to achieve the required screening.
o) Screening Fence or Wall. A fence or wall may be used for screening when plant
materials are provided along the outside of the fence or wall for aesthetic appeal.
A screening fence, different from residential yard fence or wall shall be
constructed of attractive, permanent finished materials, compatible with those
used in the construction of the principal structure. Such screens shall provide a
minimum year-round opaqueness of eighty percent (80%) and be of sufficient
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ORDINANCE 502 — ZONING ORDINANCE
height to achieve screening but not to exceed six feet (6') in height, except that in
business and industrial districts may be allowed up to eight feet (8').
p) Earth Berms. An earth berm may be allowed for screening when used in
combination with plantings following a review and approval by the city stag an
A height minimum of twenty five percent
(25%) of the required screen must be provided with trees or shrubs or other
acceptable plant materials. Earth berms shall be of sufficient height to achieve
screening but shall not exceed three to one (3:1) slope.
q) Waste Handling Screening. For industrial, commercial, institutional, public/semi-
public, and multiple family residential uses, excluding townhome developments,
all waste, recycling and related handling equipment shall be stored and kept in a
four sided enclosure constructed of a brick, stone, decorative concrete material or
a material compatible with the material of the principle structure.
Subd. 6: Building and Lot Restrictions.
a) No building shall be erected, converted, enlarged, reconstructed or structurally
altered, nor shall any building or land be used except for a purpose permitted in
the district in which the building or land is located.
b) No building shall be erected, converted, enlarged, reconstructed or structurally
altered to exceed the height limit herein established for the district in which the
building is located.
c) No building shall be erected, converted, enlarged, reconstructed or structurally
altered except in conformity with the area regulations of the district in which the
building is located.
d) The minimum yards and other open spaces, including lot area per family, required
by this Ordinance for each and every building existing at the time of passage of
this Ordinance or for any building hereafter erected shall not be encroached upon
or considered as yard or open space requirements for any other building.
e) Every building hereafter erected or structurally altered shall be located on a lot as
herein defined and in no case shall there be more than one (1) principal building
on one lot unless provided in this Ordinance.
f) On a through street, a lot fronting on two parallel streets, or a corner lot, both
street lines shall be front lot lines for applying yard, setback and parking
requirements, except that for the purpose of determining the location of the rear
yard, the following rules apply:
For a corner lot, the rear yard shall be that portion of the yard opposite the
yard frontage as defined by this Ordinance;
ORDINANCE 502 — ZONING ORDINANCE
2. For a through lot, the rear yard shall be that portion of a lot opposite the
street from which the principal structure derives its address.
3. Any use generally permitted within the rear yard of a lot may be permitted
in the rear yard of a through lot or corner lot so long as the use meets all
setback requirements, assuming that the front yard setback applies to all
streets abutting the property.
g) Manufactured homes as defined in this Ordinance shall be limited to locations
provided in the district provisions.
h) Any dwelling constructed in an area zoned R-1, on a lot of a plat approved by the
City on or after July 15, 1991, shall include an attached or detached private garage
of at least 20 feet in width and 22 feet in depth. For purposes of this ordinance,
width shall be measured on the side of the garage having an overhead garage door
for motor vehicle access.
ij}} No galvanized or unfinished steel, galvalum or unfinished aluminum buildings
(walls or roofs) (except those specifically intended to have a corrosive designed
finish such as corten steel) shall be permitted in any zoning district except in
association with farming operations.
j)k4 Buildings in all zoning districts shall maintain a high standard of architectural and
aesthetic compatibility with surrounding properties to ensure that they will not
adversely impact the property values of the abutting properties or adversely
impact the public health, safety and general welfare.
U-,14 Residential dwellings in the R-1, R-2 and R-3 Districts, except those within
approved manufactured home subdivisions:
Shall have a minimum roof pitch of 4:12, and each roof shall be shingled
or feature approved materials.
2. Shall maintain a minimum width of twenty-two (22) feet throughout a
minimum of seventy percent (70%) of the structure.
3. Shall be placed on permanent foundations of wood or concrete.
Subd. 7: Height and Yard Exceptions.
a) Chimneys, cooling towers, elevator bulk heads, fire towers, drive-in movie theater
screens, grain elevators, silos, penthouses, stacks, tanks, water towers, pumping
towers, radio or television towers, monuments, cupolas, steeples and mechanical
appurtenances pertaining to and necessary to the permitted use of the district in
502.12-7
ORDINANCE 502 — ZONING ORDINANCE
which they are located, shall not be included in calculating the height of the
principal structure. Wind energy towers and solar collectors will be allowed by
the variance procedure provided under this Ordinance.
b) Outside stairways, fire escapes, fire towers, porches, platforms, decks, balconies,
boiler flues and other similar projections shall be considered as part of the
building and not allowed as part of the required space for yards, courts or
unoccupied space, provided, however, that this provision shall not apply to one (1)
fireplace or one (1) chimney, not more than eight (8) feet in length and projecting
not more than thirty (30) inches into the allowable side yard space nor cornices
not exceeding sixteen (16) inches in width nor to platforms, terraces or steps
below the first floor level, nor to unenclosed porches or other ground level
unenclosed projections not over one (1) story in height which may extend into a
front or rear yard not more than five (5) feet, or into a side yard not more than
four (4) feet, but such platform shall be restricted from the five (5) foot required
side yard in the residence district.
Subd. 8: Independent Sewage Treatment System Provisions.
a) Once available, all sewage and water facilities shall be connected to the
Municipal sewer and water facilities within ninety (90) days of when said services
become available. Where sewers are not constructed or in operation all sewage
facilities shall be connected to approved septic tanks and disposal fields. This
provision shall not apply to temporary construction sites, or portable units.
b) Where access to a public sanitary sewer is not available hereunder, the building
sewer shall be connected to an independent sewage treatment system complying
with rules and regulations contained herein; as prescribed by the Minnesota
Pollution Control Agency; and, as contained in all other local, state, or federal
mandates.
C) Rules and regulations applicable to independent sewage treatment systems
contained within Minnesota Rules are hereby incorporated.
d) The building owner/lessee shall be required to operate and maintain the
Independent sewage treatment system in a sanitary manner, at all times, without
City expense.
e) Existing ISTS which are failing shall be required to be upgraded, replaced, or
repaired in compliance with provisions herein contained and as set forth in
Minnesota Rules, as applicable, within 180 days.
f) All ISTS design, installation, alteration, repair, maintenance, pumping, and
inspection activities shall be completed under a license or by a qualified
employee, or as exempted under part 7080.0700, subpart 1 (Minnesota Rules).
g) At such time as a public sewer becomes available to a property served by an
ORDINANCE 502 — ZONING ORDINANCE
independent sewage treatment system, and a direct connection is made to the
public sewer and any septic tanks, cesspools, leaching pits, dry wells, seepage
pits, privies, and similar private sewage disposal facilities shall be abandoned in
compliance with Minnesota Rules, Chapter 7080.0176.
h) No statement contained herein shall be construed to interfere with any additional
requirements that may be imposed by the City or other authority.
i) Permit Requirement. Prior to commencement of the construction or the alteration
or repair of an independent sewage treatment system, an applicant must obtain a
written permit from the City. The permit application shall include:
Site evaluation report by a licensed septic system designer including items
identified in MN Rules Chapter 7080, and including a certified statement
from the entity that conducted the evaluation.
2. A design report and drawings created by a licensed septic system designer
including calculations and summaries for all system component sizing.
3. Additional information as requested and provided for within this
Ordinance.
j) The City shall not issue a zoning permit for a bedroom or bathroom addition, or a
system replacement on a property served by an ISTS unless the individual sewage
treatment system is in compliance with applicable requirements hereunder as
evidenced by a certificate of compliance.
k) A permit for an ISTS shall not become effective until installation has been
completed as certified by the City. The City shall be allowed to inspect the work
at any stage of construction with or without notification. The applicant shall
notify the building inspector when the ISTS is ready for final inspection, and
before any underground portions are covered.
1) Recordkeeping.
The City shall maintain copies of certificates of compliance, notices of
noncompliance, permit applications, issued permits, enforcement
proceedings, variance requests, and other actions taken. Said records shall
be available for review as defined in MN Rules 7080.
2. The City shall submit an annual report to the commissioner to demonstrate
enforcement of this Chapter, provided application has been made thereto.
Subd. 9: Lighting Standards. Any lighting used to illuminate an off-street parking area,
sign or other structure shall be arranged as to deflect light away from any adjoining residential
zone or from the public streets. Direct or sky -reflected glare, where from floodlights or from
high temperature processes such as combustion to welding shall not be directed into any
ORDINANCE 502 — ZONING ORDINANCE
adjoining property. The source of lights shall be hooded or controlled in some manner so as not
to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of
adjacent property or public right-of-way. Any light or combination of lights which case light on
a public street shall not exceed one (1) foot candle (meter reading) as measured from the center
line of said street. Any light or combination of lights which cast light on residential property
shall not exceed 0.4 foot candles (meter reading) as measured from said property.
Subd. 10: Pollution. All uses shall comply with all federal, state and local pollution and
nuisance laws and regulations, including, but not limited to, glare, smoke, dust, odors and noise.
The burden of proof for compliance of appropriate performance standards shall lie with the
applicant.
Subd. 11: Dwelling Unit Restrictions.
a) No cellar, basement, garage, tent or accessory building shall at any time be used
as an independent residence or dwelling unit, temporarily or permanently.
b) Basements may be used as living quarters or rooms as a portion of residential
dwellings. Rental unit(s) in basements shall be subject to provisions of the
appropriate zoning district as well as the provisions of Ordinance 9550 governing
rentals.
C) Tents, play houses or similar structures may be used for play or recreational
purposes, but shall not be independent residences or dwelling units, except as
provided for via license in licensed recreational camping areas.
d) No dwelling shall hereafter be erected or altered unless there is direct access to it
from a public street.
Subd. 12: Outdoor Storage and Refuse.
a) Outside storage. Residential Uses.
All outside storage of materials and equipment for residential uses
(excluding farms) shall be stored within a building or fully screened so as
not to be visible from adjoining properties, except for the following:
A. Clothes line pole and wire.
B. Any combination of two or fewer licensed and operable
recreational vehicles (RV's, boats, snowmobiles on a trailer, etc.)
and/or seasonal automobiles may be parked or stored on property
outside a home, provided:
If they are stored in the front yard they are stored entirely
on an established driveway, entirely on the owner's
property -
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ORDINANCE 502 — ZONING ORDINANCE
ii. If stored in the side yard they are at least five feet from the
property line.
iii. If stored in the rear yard they are at least ten feet from the
rear lot line and five feet from a side lot line.
iv. If stored on a corner lot they are not closer than twenty feet
from the property line abutting a side street.
V. Storage and/or parking of commercial vehicles and/or
equipment, or any combination thereof, is prohibited. This
section will not apply to light trucks classified as 1/2 ton and
3/4 ton pickups, panels and sedans.
C. Construction and landscaping material currently being used on the
premises.
D. On and off street parking of currently registered and operable
passenger vehicles and trucks.
E. Lawn furniture or furniture used and constructed explicitly for
outdoor use.
F. Rear or side yard exterior storage of firewood for the purpose of
consumption only by the person(s) on whose property it is stored.
b) Commercial/Industrial Uses. Except as allowed by district use provisions, outside
storage of equipment, materials and inventory as a principal or accessory use for
commercial and industrial uses shall require a conditional use permit subject to
the provisions of this Ordinance and all non-residential outside storage shall
conform to the following conditions:
The area occupied is not within a required front or required side yard.
2. The storage area is totally fenced, fully screened, and landscaped
according to a plan approved by the Zoning Administrator.
3. If abutting a Residential District, or a residential use, screening and
landscaping is provided according to a plan approved by the Zoning
Administrator.
4. The storage area is covered to control dust and storm water drainage with
bituminous surfacing, concrete or a comparable substitute approved by the
City.
5. All lighting shall be directed away from the public right-of-way and from
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ORDINANCE 502 — ZONING ORDINANCE
neighboring residences.
C) Refuse. All lots within all zoning districts shall be maintained in a neat and
orderly manner. No rubbish, salvage materials, junk, or miscellaneous refuse
shall be openly stored or kept in the open, when the same is construed by the City
Council to be a menace or nuisance to the public health, safety, or general welfare
of the City, or to have a depressing influence upon property values in the area.
d) Waste Materials. Waste materials are to be picked up and disposed of in
accordance with any and all city standards applicable to refuse/waste materials.
Excluded waste materials must be disposed of in a safe and appropriate manner in
accordance with local, state, and federal law. Release of excluded waste materials
to public or independent sewage treatment systems, the environment, or the solid
waste stream is strictly prohibited. The Disposal Service shall, upon collection,
immediately assume title to and liability for solid waste materials, recyclables,
and demolition debris.
Subd. 13: General Building and Performance Standards:
a) Residential Dwellings: All residential dwellings shall meet the following design
criteria:
All structures shall have permanent type foundations that are designed and
constructed in accordance with all applicable provisions of the State
Building Code as adopted in the State of Minnesota.
2. The exterior wall finish of all single family residences shall be similar in
appearance to normal wood, stucco, stone veneer or masonry material.
Vinyl and metal siding is permitted with no exposed fasteners and
overlapping in sections not wider than 12 inches. Sheet metal siding is not
permitted.
3. All roofs shall be covered with materials as approved by the State
Building Code as adopted by the State of Minnesota and shall be similar in
appearance to asphalt shingles, wood shakes, slate, and concrete tile. Sheet
type metal roofing is an approved alternative provided all of the following
are met:
A. A metal material which is an approved type in accordance with the
State Building Code.
B. Be standing -seam profiled metal.
C. Constructed of corrosion resistant material or have a corrosion
resistant coating.
D. Have concealed fasteners.
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ORDINANCE 502 — ZONING ORDINANCE
Subd. 14: Solar and Wind Energy Conversion Systems. Solar and wind energy systems
shall be Permitted as an accessory use in all zoning districts, subject to the standards of
this section and other provisions of this Ordinance. Solar collector surfaces and all
mounting devices and wind energy conversion systems shall comply with minimum
setback and lot coverage requirements of the district in which they are located.
a) Building -Mounted Solar Energy Systems.
1. Permitted accessory use in all zoning districts (both principal and accessory
buildings) provided it is roof -mounted or built into roofing, including solar
shingles, roofing tiles, and skylights or a photovoltaic curtain wall
(photovoltaiclg ass). Solar awnings shall be allowed in agriculture and
residential districts provided it is in the rear yard.
2. Notwithstanding the height limitations of the zoning district, roof mounted
solar energy systems shall not extend higher than three (3) feet above the
ridge level of a roof on a structure with a gable, hip, or gambrel roof and shall
not extend higher than ten (10) feet above the surface of the roof when
installed on a flat or shed roof.
3. The solar collector surface and mounting devices for roof -mounted solar
energy systems shall be set back not less than one (1) foot from the exterior
perimeter of a roof for every one (1) foot that the system extends above the
roof surface on which the systems is mounted. Solar energy systems that
extend less than one (1) foot above the roof surface shall be exempt from this
provision but shall not hang over the edge of the roof.
b) Ground -Mounted Solar Energy Systems.
1. Permitted accessory use in the agriculture, and rural residential zoning
districts.
2. Ground -Mounted solar energy systems, measured to the highest point of the
system, shall not exceed the twenty (20) feet when oriented at maximum tilt.
3. Ground -mounted solar energy systems shall be located in the side or rear .yard
subject to the minimum setback of the zoning district and be located a
minimum of fifty (50) feet from the rear and side .yard property line. The
required setback shall be measured from the property line to the closest part of
the structure at minimum design
4. The area of the solar collector surface of ground -mounted solar energy
systems shall not exceed one half the building_footprint of the principal
structure. The maximum area of the solar energy systems shall be calculated
independently of the floor area of all other accessory structures on the zoning
lot and shall be exempt from the number of accessory building limits.
c) Conditional Use. Solar energy systems in the industrial, educational -
ecclesiastical, public and in the agriculture and rural residential zoning districts that do not
comply with the standards of Subd. 14 b above may be allowed by conditional use hermit_
subject to the following standards:
502.12-13
ORDINANCE 502 — ZONING ORDINANCE
1. Solar energy ystems in the industrial, educational -ecclesiastical, and Public
zoning districts shall be an accessory use and not exceed three (3) percent of
the lot area and be less than 1 MW, whichever is less.
2. Solar energy systems in the agriculture, and rural residential zoning districts
shall be allowed as a principal or accessory use U to 5 MW.
3. Power and communication lines. Power and communication lines running
between the banks of solar panels to electric substations or interconnections
with buildings that are on adjacent parcels shall be buried underground.
4. Setbacks. Solar farms and gardens must meet the minimum building setback
for the zoning district and be located a minimum of two hundred (200) feet
from a residential use/dwelling not located on the property.
5. Screening. Ground -mounted solar energy ystems shall be screened when
adjacent to a public right of way or a residential use or zoned property
pursuant to Section 502.12 Subd. 5.
6. Vegetation requirements and management. The following provisions shall be
met related to the establishment of vegetated ground cover if theorg und-
mounted solar system has a generating capacity of more than 40 kilowatts.
Additional requirements may apply as required by the City Council.
1. The project site design shall include the installation and establishment of
ground cover meeting the beneficial habitat standards using native plant
species and seed mixes consistent with the Department of Natural
Resources "Prairie Establishment & Maintenance Technical Guidance for
Solar Projects" and guidance as set by the Minnesota Board of Water and
Soil Resources.
a) Beneficial habitat standards shall be maintained on the site for the
duration of oberation_ until the site is decommissioned.
d) General Performance Standards for Solar Systems. Requirements for all zoning
districts.
1. No solar energy system of any kind shall be erected anywhere within the city
without first making application for and obtaining from the city a permit
thereof which shall not be granted unless all requirements of this Section and
this Ordinance are met, and the proposed use will not be harmful to the public
health, welfare, and safety.
2. The supporting framework for freestanding solar energy systems shall not
include unfinished lumber.
3. Solar thermal piping shall match roof or solar collector color.
4. Solar energy systems shall not be used for the display of advertising
5. Stormwater management shall meet the requirements of the City's Stormwater
Design Standards and this Ordinance.
6. Erosion and sediment control shall meet the requirements of this Ordinance.
7. Foundations. The manufacturer's engineer or another qualified engineer shall
certify that the foundation and design of the solar panels is within accepted
professional standards, given soil and climate conditions.
8. All solar systems shall be in compliance with any applicable local, state and
federal regulatory standards, including the State of Minnesota Uniform
502.12-14
ORDINANCE 502 — ZONING ORDINANCE
Building Code, as amended, and National Electric Code, as amended.
9. All solar energy ystems using a reflector to enhance solar Production shall
minimize glare from the reflector that affects adjacent or nearby properties.
Measures to minimize nuisance glare include selective placement of the
system, screening on the north side of the solar array, modifying the
orientation of the system, reducing use of the reflector systems, or other
remedies that limit glare.
10. All abandoned or unused solar panels and/or ground -mounted solar energy
systems shall be removed within twelve (12) months of the cessation of
operations.
e) Building -Mounted Wind Energy Conversion Systems.
1. Permitted accessory use in all zoning districts.
2. Building mounted wind energy conversion systems shall not exceed fifteen (15)
feet in height (structure and rotors).
3. The maximum number of systems per buildings shall be 1 per 2,000 SF of roof
area for four (4) or more stories and at least forty-two (42) feet in height and 1 per 4,000
SF of roof area for less than four (4) stories and forty-two 42) feet in height.
4. The setback (structure and rotors) shall be ten (10) feet from the front, side, and
rear walls of the building upon which it would be mounted.
5. The structure upon which the proposed wind energy conversion system is to be
mounted shall have the structural integrity to carry the weight and wind loads of the wind
energy system and have minimal vibration impacts on the structure.
f) Freestanding Wind Energy Conversion Systems.
1. Permitted accessory use in the agriculture and rural residential zoning districts
_provided the lot size is ten (10) acres or more.
2. Only one 1) freestanding wind energy conversion systemper lot, located in the
side or rear yard shall be allowed.
3. The maximum height shall be forty (40) feet.
4. The minimum setback shall be 125% of the height of the wind enerav system
(pole and rotors).
g) Conditional Use. Wind energy conversion systems in the agriculture and rural
residential zoning districts that do not comply with the standards of Subd. 14 f above may
be allowed by conditional use permit, subject to the following standards:
1. The minimum lot size is twenty (20) acres or more.
2. The minimum lot area per pole shall be one per 10 acres.
3. The maximum height shall be one hundred (100) feet.
2. The minimum setback shall be 125% of the height of the wind energy system
(pole and rotors).
h) General Performance Standards for all Wind Enerav Conversion Svstems.
1. No wind energy conversion system or support tower of any kind shall be
erected anywhere within the city without first making application for and
obtaining from the city a permit thereof which shall not be granted unless all
requirements of this Section and this Ordinance are met, and the proposed use
ORDINANCE 502 — ZONING ORDINANCE
will not be harmful to the Public health, welfare, and safety.
2. Scaled schematic drawings and Photographic Perspectives showing the
structure and the placement of the wind energy conversion system shall be
submitted to the city.
3. Prior to the issuance of a permit, the applicant shall provide documentation or
other evidence from the dealer or manufacturer that the wind energy
conversion system has been successfully operated in atmospheric conditions
and is warranted against any systems failures under reasonably expected
severe weather.
4. A written certification from a licensed structural engineer that the structure
has the structural integri , to carry the weight and wind loads of the wind
energy conversion system and have minimal vibration impacts on the structure
shall be submitted to the city.
5. An analysis from a licensed engineer showing how the wind energy
conversion system shall be designed, constructed and operated in compliance
with all applicable federal, state, and local laws, codes, standards and
ordinances.
6. A written certification from a licensed engineer confirming that the wind
energy conversion system is designed to not cause electrical, radio frequency,
television and other communication signal interference.
7. Written evidence that the electric utility service provider that serves the
proposed site has been informed of the applicant's intent to install a wind
energy conversion system, unless the aplicant does not plan to connect the
system to the electricity grid and declares so in the application.
8. The freestanding wind energy system shall be of monopole design.
9. All systems shall contain an internal governor or braking_ device which
engages at wind speeds in excess of forty (40) miles per hour and minimizes
the potential for wind damage to the equipment.
10. Restriction on sound level at the lot line shall comply with the state pollution
control agency's pollution control section (NPC 1 and NPC section (NPC 1 and NPC 2), as amended.
11. Minimum blade clearance to the ground of 30 feet for pole mounted
horizontal turbines.
12. Wind energy conversion system tower foundations shall be designed to resist
two times the wind uplift calculated under the Uniform Building Code as
adopted by the city and shall have a professional engineer's certification.
13. No wind energy conversion system tower shall be constructed within 20 feet
laterally of an overhead electrical power line (excluding secondary electrical
service lines or service drops). The setback from the underground electric
distribution lines shall be at least five feet.
14. All sites shall be reasonably protected against unauthorized climbing The
bottom of the tower, measured from ground level to twelve (12) feet above
ground level, shall be designed in a manner to discourage unauthorized
climbing.
15. All electrical wires associated with a freestanding wind energy conversion
system shall be located within the tower and underground. Such systems and
towers shall be adequately grounded, as determined by city engineer, for
protection against a direct strike by lightning and shall comply, as to electrical
61I)#IAR
ORDINANCE 502 — ZONING ORDINANCE
wiring and connections, with all applicable federal regulations, state statutes,
regulations, and standards, as well as city codes.
16. Advertising or identification of any kind on wind energy conversion systems
shall be prohibited, except for applicable warnin and nd equipment information
signage required by the manufacturer or by federal, state, or local regulations.
17. Wind energy conversion systems shall not be illuminated by artificial means,
except where the illumination is specifically required by the Federal Aviation
Administration or other federal, state, or local regulations.
18. Wind energy conversion systems shall utilize building materials, colors, and
textures that are compatible with the existingprincipalstructure and that
effectively blend the system facilities into the surrounding setting and
environment to the greatest extent possible. Rotor blades shall be non-metallic
to prevent communication signal interference. Metal towers shall be
constructed of, or treated with, corrosive resistant material.
19. All abandoned or unused wind energy conversion systems shall be removed
within twelve (12) months of the cessation of operations.
Subd. 17: Conditional Use Permit aplications for solar energy systems and wind energy
conversion systems shall include the following:
a) A site plan prepared by a qualified and licensed civil engineer or architect
showing the following:
1. Existing property lines and property lines extending one hundred (100)
feet from the exterior boundaries, including the names of the adjacent
property owners and current use of those properties.
2. Existingpublic and private roads, showing the widths of the roads and any
associated easements.
3. Existing buildings onsite.
4. Location and size of any existing and abandoned wells, sewage treatments
systems, and dumps.
5. Existing and proposed impervious surface.
6. Topography at (2) foot intervals and source of contour interval, a contour
map of surrounding properties ma,, b�quired.
7. Existing vegetation (list type and percent of coverage, i.e. grassland,
pasture, plowed field, wooded areas, etc.).
8. Waterways, watercourses, lakes and public water wetlands.
9. Delineated wetland boundaries.
10. The one hundred (100) year flood elevation and Regulatory Flood
Protection Elevation, floodway, flood fringe and/or general flood plain
district boundary, if applicable.
11. The shoreland district bounda ,ray -portion of the project is located in
a shoreland overlay district, including the ordinary high water level, the
highest known water level, and the toe and top of any bluffs within the
project boundaries.
12. Drainage and grading plan.
13. Erosion and sediment control plan.
14. The number of solar panels or wind energy conversion systems and
f.10AP PAI/I
ORDINANCE 502 — ZONING ORDINANCE
acreage to be installed.
15. The location and spacing of solar Panels or wind energy conversion
systems, including distances from Property lines.
16. Sketch elevation of the premises accurately depicting the proposed solar
energy conversion system and its relationship to structures on adjacent lots
if an
17. Location of access roads.
18. Planned location of underground or overhead electric lines connecting the
solar farm to the building, substation or other electric load.
19. New electrical equipment other than at the existing building or substation
that is the connection point for the solar farm.
20. A detailed landscaping plan for solar projects, including location, type and
size.
b) Glare Study. Solar Projects utilizing a reflector system shall conduct a glare
study (US Dept. of Energy's Solar Glare Hazard Analysis Tool) to identify the
impacts of the system on occupied buildings and transportation rights-of-way
within a half mile of the project boundary_
c) Decommissioning Plan A decommissioning elan shall be reauired for solar
energy ystems and wind energy conversion systems for the abandonment of
facilities.
1. Decommissioning of solar panels and wind energy conversion systems
must occur in the event the conditional use permit expires or is terminated,
and/or the solar panels or wind energy conversion systems are not in use
for twelve (12) consecutive months.
2. Decommissioning Plan components shall include:
A. Removal of all structures, foundations, equipment, and
Dower/communication lines.
B. Restoration of the site soils and vegetation to its pre -development
condition.
C. Financial guarantee in a form and amount acceptable to the City
Attorney naming the City as oblige. The amount of the guarantee will
be calculated using an inflationary escalator for the useful life of the
facility constructed and will cover the full cost of decommissioning.
d) Enforcement. If said decommissioning has not been completed within a six (6)
month period after the conditional use permit expires or is terminated, and/or
solar panels or wind energy conversion systems are not in use for twelve (12)
consecutive months, then the Cit.. shall written notice by certified
mail to the landowner requiring that decommissioning be completed within
thirty(30) calendar days of the receipt of said notice. If the decommissioning
has not been completed within thirty (30) calendar days of the receipt of said
notice, the Cijy may either undertake the decommissioning and charge the
landowner and/or facility owner and operator for all of the costs and expenses
thereof, including reasonable attorney's fees, or take appropriate action to
compel the decommissioning. All costs incurred by the City shall be billed to
502.12-18
ORDINANCE 502 — ZONING ORDINANCE
the landowner and if not paid within sixly (60) calendar days of billing shall
become a lien against the project or levied as an assessment against the
property. In the event that the City chooses to undertake the decommissioning
as stated above, the City shall have the right to draw on the bond, letter of
credit. escrow or other financial securitv at its discretion.
Subd. 14 Development/Site Plan Review. All site and building plans for multiple family
residential, commercial, industrial, institutional or public/semi-public uses shall require review
and approval by the Zoning Administrator. Plans shall be prepared by a qualified and licensed
civil engineer and architect.
a) Applications and Submittal Requirements: Applications for site and building
review shall be filed with the Zoning Administrator and shall be accompanied by
the appropriate fee and the following submittal information:
1. Proof of title and contract/purchase agreement and property owner signature
on the application form when applicable.
2. Four (4) large scale copies, twelve (12) reduced (11"x17") copies of detailed
written materials, plans and specifications and one electronic copy.
3. Site Plan depicting the following:
A. Name of project or development.
B. Name and address of developer and/or owner and
engineer/architect.
C. Scale (engineering only) at not less than one (1) inch equals one
hundred feet.
D. North point indication.
E. Existing boundaries with lot dimension and lot area.
F. Existing buildings, structures and improvements.
G. Easements of record.
H. Delineated wetland boundary, to include the OHWL of any lakes
or DNR waters.
I. All encroachments.
J. Legal description.
502.12-19
ORDINANCE 502 — ZONING ORDINANCE
K. Location, setback and dimensions of all proposed buildings and
structures.
L. Location of all adjacent buildings and structures within one hundred
(100) feet of the exterior boundaries of the subject property.
M. Location, number, dimensions of all proposed parking stalls,
loading areas, fire lane, drive aisles, with curbing shown.
N. Location, width and setbacks of all proposed street accesses and
driveways and existing accesses within 100 feet of the property.
O. Location, width and setbacks of all proposed sidewalks, walkways
and trails.
P. Location and type of all proposed lighting, including fixture details.
Q. Provisions for storage and disposal of waste, garbage and recyclables,
including details for enclosing and screening exterior containers.
R. Calculations for impervious/pervious surfaces.
4. Architectural Plans showing the following.
A. Date of plan preparation and dates of any subsequent revision.
B. Architectural elevations, in color, of all principal and accessory
buildings (type, and materials used in all exterior surfaces).
C. Typical floor plan and room plan drawn to scale with a summary of
square footage by use or activity.
5. Grading Plan depicting the following:
A. Existing contours at two (2) foot intervals.
B. Proposed grade elevations at two (2) foot maximum intervals.
C. Drainage plan, including the configuration of drainage areas and
calculations.
D. Spot elevations.
E. Surface water ponding and treatment areas.
F. Erosion control measures.
G. Wetland replacement plan (when applicable).
H. Soil borings.
L Drainage calculations for 2, 10, and 100 year storm events.
J. Delineated wetland boundary, to include OHWL of any lakes or DNR
waters.
K. Date of plan preparation and dates of any subsequent revisions.
502.12-20
ORDINANCE 502 — ZONING ORDINANCE
6. Screening of heating, ventilation and air-conditioning equipment.
7. Landscaping material including the location, type of plant and size.
8. Utility Plan showing the following:
A. Location of hydrants, valves and manholes, if any.
B. Location, sizing, and type of water and sewer system main and
proposed service connections, hydrants, valves, and manholes; or,
C. Location and size of proposed primary and secondary on-site treatment
systems, when allowed.
D. Storm sewer, catch basins, invert elevation, type of castings and type
of materials.
9. A description of provisions which shall be made on the site for adequate open
space and recreational areas to properly serve residents of the facility.
10. Any other fencing, screening, or building accessories to be located in the
development area.
b) Design Standards: Plans which fail to meet the following criteria shall not be
approved.
1. The proposed development application must be consistent with the St. Joseph
Comprehensive Plan, city policies and plans, including:
A. Land Use Plan
B. Utility (Sewer and Water) Plans
C. Local Water Management Plan
D. Capital Improvement Plan
E. Transportation Plan
F. Stormwater Design Standards
2. The proposed development application conforms to this Ordinance and other
applicable City Codes.
3. The proposed development shall be served with adequate and safe water
supply.
4. The proposed development shall be served with an adequate and safe sanitary
sewer systems.
C) Review and Required Fee.
1. The Zoning Administrator shall forward copies of application and site and
building plans to the appropriate staff, consultants and governmental
502.12-21
ORDINANCE 502 — ZONING ORDINANCE
agencies for review and recommendation. The Community Development
Department shall perform a review and approve or deny the application.
The Community Development Department may also suggest conditions as
they deem necessary to the approval of the site and building plans.
2. The applicant may appeal any denial or decision by the Department to the
Planning Commission and City Council according to the appeals process
in this Ordinance.
3. Fees payable under this section for site plan review shall be in an amount
as established by resolution of the City Council. Preparation and review
of all elements of the required development plan, as listed and described
above, is to be at the sole expense of the developer and at no expense to
the public. The fee is payable at the time of filing a petition and is not
refundable. In addition to the above fees and in the event the City incurs
professional fees, either legal, engineering or professional planners, or any
other cost, including but not limited to, postage and publication expenses,
the applicants shall reimburse the City for those fees, and the City officials
may require an escrow deposit, cashier's check or letter of credit for these
fees prior to the final action on the application for development plan
review. Such escrow or letter of credit shall be in the form approved by
the City Attorney.
Subd. 15: Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
a) A Lock Box shall be installed on all buildings before a Certificate of Occupancy
will be issued.
b) A copy of proposed covenants and/or homeowner's association agreement (s).
C) When required, evidence of completion of National Pollutant Discharge
Elimination System (NPDES) permitting program and/or the City of St. Joseph
Storm Water Pollution Prevention Program (SWPPP).
d) If applicable, evidence of compliance with federal, state and local pollution and
nuisance laws and regulations, including, but not limited to glare, smoke, dust,
odors and noise. The burden of proof for compliance with appropriate standards
shall lie with the applicant.
610Y.wI►MP)
ORDINANCE 502 — ZONING ORDINANCE
Section 502.18: STORMWATER MANAGEMENT
Subd. 1: Intent, Purpose. The purpose of this Section is to establish regulatory
requirements for land development and land disturbing activities aimed at minimizing threats to
public health, safety, public and private property and natural resources within the City of St.
Joseph resulting from construction site erosion and post construction stormwater runoff. The
Objectives of this Section are:
(a) To maintain compliance with the City of St. Joseph's Stormwater Pollution
Prevention Program.
(b) To regulate land disturbing activity; installation, operations, maintenance and
replacement of the stormwater system (MS4); and to protect and prevent the
discharge of sediment into public and/or private lands, public infrastructure, wetlands
and water of the State.
(c) To establish legal authority to carry out all inspections, monitoring and enforcement
procedures necessary to comply with this ordinance.
Subd. 2: Definitions.
a) Best Management Practices (BMPS): Practices to prevent or reduce the pollution of
the waters of the state, including schedules of activities, prohibitions of practices, and
other management practice, and also includes treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or leaks, sludge, or
waste disposal or drainage from raw material storage.
b) Certified Contractor: A person who has received training to inspect and maintain
erosion and sediment control practices.
c) Clearing: Any activity that removes ground cover and exposes topsoil material.
Drainage way: Any channel that conveys surface runoff throughout the site.
d) Erosion Control: A measure that prevents soil particle exposure and detachment.
e) Erosion and Sediment Control Plan: A set of plans prepared by or under the direction
of a licensed professional engineer or certified contractor indicating the specific
measures and sequencing to be used to control the sediment and erosion on a
development site during and after construction.
f) Grading: Excavation or fill of material.
g) Impaired or Special Waters: Waters identified as impaired under section 303 (d) of
the federal Clean Water Act for phosphorus (nutrient eutrophication biological
502.18-1
ORDINANCE 502 — ZONING ORDINANCE
indicators), turbidity, dissolved oxygen or aquatic biota (fish bio -assessment, aquatic
plant bio -assessment and aquatic macroinvertebrate bioassessment).
h) Land Disturbing: Any project or activity, including removal of vegetation,
excavations, clearing, filling, stockpiling and grading, or other earth change that
directly or indirectly affects slopes, water bodies, the moving of ground cover or may
result in the movement of sediment.
i) Land Disturbance Permit: A permit issued by the City for the construction or
alteration of ground cover improvement and structures for the control of erosion,
runoff and grading.
j) Municipal Separate Storm Sewer System (MS4): The conveyance or system of
conveyances including roads with drainage systems, municipal streets, catch basins,
curbs, gutters, ditches, manmade channels, or storm drains owned and operated by the
City of St. Joseph, which is designed or used for collecting or conveying stormwater.
k) New Development: All construction activity that is not defined as redevelopment.
1) Owner and/or Operator: Includes the plural as well as the singular, and where
appropriate shall include a natural person, partnership, firm, association, public, or
quasi -public corporation, private corporation, or a combination of any of them, with
legal or equitable interest in the parcel of record or as identified on the land
disturbance permit.
m) Perimeter Control: A barrier that prevents sediment from leaving a site by filtering
sediment -laden runoff or diverting it to a sediment trap or basin.
n) Redevelopment: Projects with more than 15 percent impervious surface prior to
construction.
o) Site: A parcel of land or a contiguous combination thereof, where grading work is
performed as a single unified operation.
p) Stabilize, Stabilized, Stabilization: The exposed ground surface has been covered by
appropriate materials such as mulch, staked sod, riprap, erosion control blanket, mats
or other material that prevents erosion from occurring. Grass seeding, agricultural
crop seeding or other seeding alone is not stabilization. Mulch materials must achieve
approximately 90 percent ground coverage (typically 2 ton/acre).
q) Start of Construction: The first land disturbing activity associated with a
development, including land preparation such as ground clearing (grubbing), grading,
and filling. Installation of streets and walkways, excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation of accessory
buildings such as garages.
502.18-2
ORDINANCE 502 — ZONING ORDINANCE
r) Sediment: Soil particle(s) exposed to movement.
s) Sediment Control: Measures that prevent eroded sediment from leaving the site.
t) Steep Slopes: Slopes that are 1:3 (V:H) (33.3 percent) or steeper in grade.
u) Stormwater: Rainwater runoff, snow melt runoff, and surface runoff and drainage.
(Minn .R. 7090.0080, subp. 12.)
v) Stormwater Pollution Prevention Plan (SWPPP): A comprehensive plan developed to
manage and reduce the discharge of pollutants in stormwater.
w) Structural Stormwater BMP's: Stationary and permanent BMPs designed, constructed
and operated to prevent or reduce discharge of pollutants in stormwater.
Subd. 3: Land Disturbance Permit.
a) Applicability. Unless expressly exempted, a land disturbance permit shall be
required for any of the following activities:
1. Residential, Commercial and Industrial Site Construction Plans. All persons
wishing to start a land disturbance project on an existing lot of record for the
purposes of the construction of a residential, commercial or industrial primary
structure, shall submit a land disturbance permit at the time of obtaining a
building permit.
2. Roadway and Utility Installation Construction Plans. All persons wishing to
start a land disturbance project on an existing lot of record, for the purposes of
the construction of any roadway or utilities, shall submit a Land Disturbance
Permit to the City at the time of roadway and utility plan, which shall be
approved by the City Engineer.
3. Land disturbance activity that disturbs land that has any of the following
characteristics:
i. within 25 feet of a waterway;
ii. highly erodible soils; or
iii. any land disturbing activity that the City determines to have a high risk for
pollution due to proximity to stormwater infrastructure or public right of
way, steep slopes, or other extraordinary factors.
iv. Temporary stockpiling of 50 or more cubic yards of excess soil on any lot
or other vacant area shall not be allowed without issuance of a land
disturbance permit (and any other permit required by city ordinance) for
the earth moving in question.
b) Exempt Land Disturbance Activities. The following activities do not require a
land disturbance permit:
502.18-3
ORDINANCE 502 — ZONING ORDINANCE
Any emergency work that is immediately necessary for the protection of
life, property, or natural resources.
2. Existing nursery, as long as the activity does not exceed 43,560 square feet
(one acre) and agriculture operations as a permitted main or accessory use.
Subd. 4: Land Disturbance Permit Process and Data Requirements.
a) Application. Every applicant, prior to engaging in any land disturbing activity
regulated by this Ordinance, must apply to, and obtain from the City a land
disturbance permit. In all cases, the application must contain the required
information as outlined in this Ordinance, the application fee in an amount
established in the City's fee schedule, and if applicable a Stormwater Pollution
Prevention Plan which shall be reviewed and approved by the City prior to the
issuance of the land disturbance permit. No land disturbing activity regulated by
this Section may begin until the applicant has received a land disturbance permit
from the City. Each application shall include at a minimum:
Application form and fee.
2. Project name.
3. Address of the proposed land disturbing activities.
4. Total square feet to be disturbed.
5. Name, address, and contact information of the owner and/or developer of
the site.
6. Name and contact information of consulting firm(s) retained by owner
and/or operator, if applicable.
7. Unless otherwise exempted by this Ordinance, projects that create % acre
or more of new impervious surface and/or redeveloped or 1 acre of land
is disturbed shall include a Stormwater Pollution Prevention Plan which
shall meet the requirements set forth in the City of St. Joseph Stormwater
Management Design Standards and as established by the Minnesota Pollution
Control Agency.
8. Erosion and Sediment Control Plan, including a site construction plan
which shall include the following information:
A. Existing site conditions showing the site and immediately
adjacent areas, including, floodplains, floodways, wetlands,
waterbodies, and stormwater drainage areas.
B. Locations and dimensions of all proposed land disturbing
activities and any phasing of those activities;
502.18-4
ORDINANCE 502 — ZONING ORDINANCE
C. Locations and dimensions of all temporary soil or dirt
stockpiles;
D. Locations and dimensions of all erosion prevention measures
and best management practices necessary to meet the
requirements of this Ordinance;
E. Schedule of anticipated starting and completion date of each
land disturbing activity including the installation of
construction site erosion control measures needed to
meet the requirements of this Ordinance.
F. Provisions for maintenance of erosion and sediment
prevention measures prior to final stabilization.
9. A plan of final site conditions, including final grading and
drainage, the establishment of permanent vegetation and a
clear delineation and tabulation of all impervious surfaces to
be installed on the site, including a description of the
surfacing material to be used.
10. Inspection and maintenance agreement and maintenance plan
(if applicable).
b) Review. The City or City's designated representative will review each land
disturbance permit application. It is the responsibility of the owner and/or
operator to meet the provisions of this Ordinance and the City of St. Joseph
Stormwater Management Design Standards. Most land disturbance permits for
building site plans will be issued within the same time period as the building
permit. The City of St. Joseph shall in writing either:
1. Approve the permit application;
2. Approve the permit application subject to such reasonable conditions as may
be necessary to secure substantially the objectives of this regulation, and issue
the permit subject to these conditions; or
3. Disapprove the permit application, indicating the reason(s) and procedure for
submitting a revised application and/or submission.
Subd. 5: Erosion and Sediment Control Plan. The Erosion and Sediment Control Plan
shall meet this Ordinance, the MPCA NPDES Construction Permit, and City of St. Joseph
Stormwater Management Design Standards. Grading, erosion control practices, and waterway
crossing shall be designed to adequately prevent the transportation of sediment from the site to
the satisfaction of the intent and purpose of this Ordinance. The City may apply stricter standards
or require temporary and permanent erosion and sediment control measures in addition to those
required by other public entities as deemed necessary to meet the purpose and objectives of this
Ordinance. At a minimum, the following shall be automatically implemented:
502.18-5
ORDINANCE 502 — ZONING ORDINANCE
a) Silt fencing or other sediment control practices shall be installed on all down gradient
perimeters prior to any land disturbing activity.
b) Rock mixture (as specified by the City Engineer and as recommended by the
Minnesota Pollution Control Agency in its publication Protecting Water Quality in
Urban Areas) shall be placed at the entrance to prevent sediment tracking.
Subd. 6: Stormwater Management Plan Required. The proposed provisions for
stormwater runoff shall be documented in a stormwater management plan prepared by a
Minnesota licensed engineer and in compliance with the City of St. Joseph Stormwater
Management Design Standards. Such stormwater management plan shall be reviewed and
approved by the City Engineer. All stormwater management and erosion and sediment control
shall comply with all applicable requirements of the watershed districts or water management
organizations in which the project is located. In the case of provisions in this Ordinance and
requirements of watershed districts or water management organizations that overlap or conflict,
the strictest provisions shall apply to the activities.
Subd. 7: Storm Water Development Fees. Following approval of a stormwater
management plan, applicants shall pay to the City a storm water development fee based upon the
square footage of the project's Net Developable Property. "Net Developable Property" is
defined as the gross land area minus the streets and other land area dedicated to the public. The
per square foot fee shall be set by the City Council and adjusted from time to time by resolution.
The City, in its sole discretion, may allow the applicant to offset the storm water fee, the cost of
construction or maintenance of community storm water management facilities designed to serve
multiple land disturbing and development activities that the developer paid for.
Subd. 8: Maintenance of Private Stormwater Management Facilities.
a) No private stormwater management facilities may be approved unless a
maintenance plan is provided and is consistent with the City of St. Joseph
Stormwater Management Design Standards.
b) Owners of private stormwater management facilities shall enter into a
Maintenance Agreement with the City describing responsibility for the long-term
operation and maintenance of the facilities. Agreements are transferable to any
party that becomes the owner/operator of the site.
Subd. 9: Public Stormwater Management Facilities - Easements. The applicant shall
establish, in a form acceptable to the City, temporary and perpetual easements, or dedicated
outlots, for ponding, flowage, and drainage purposes over hydrologic features such as water
bodies and stormwater basins. The easements or outlots shall include right of reasonable access
for inspection, monitoring, maintenance, and enforcement purposes.
Subd. 10: Stabilization Design.
a) Stabilization and use of Best Management Practices shall be in accordance with
approved BMP's as recommended by the Minnesota Pollution Control Agency
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ORDINANCE 502 — ZONING ORDINANCE
(MPGA) in its publication Protecting Water Quality in Urban Areas, or as
amended and approved by the City.
b) Erosion control requirements shall include the following:
1. Soil stabilization shall be completed within 7 days of clearing or inactivity in
construction.
2. If seeding or another erosion control measure is used, it shall become
established within three weeks or the City of St. Joseph may require the site to be
reseeded or a no vegetative option employed.
3. Soil stockpiles must be stabilized or covered at the frequency as all other
stabilization activities.
4. The entire site must be stabilized, using a heavy mulch layer or another
method that does not require germination to control erosion.
5. Techniques shall be employed to prevent the blowing of dust or sediment from
the site to the maximum extent possible.
6. Technique that diverts upland runoff past disturbed slopes shall be employed
to the maximum extent possible.
7. Other best management principals in order to ensure that sediment is not
tracked onto public streets by construction vehicles or washed into storm drains
such as rock construction entrances.
8. Removal of all debris, dirt and soil from impervious ground surfaces, including
abutting public or private roadways and sideways, sediment basins, catch basins
and in connection with the subject property,
Subd. 11: Inspection and Maintenance.
a) The Developer shall pay for all costs incurred by the City for subdivision review and
inspection. This would include preparation and review of plans and specifications by
technical assistants and costs incurred by the Attorney, as well as other costs of similar
nature.
b) The City or City's designated agent shall make inspections as hereinafter required and
either shall approve that portion of the work completed or shall notify the permittee
wherein the work fails to comply with the Storm Water Pollution Prevention Plan as
approved. Plans for grading, stripping, excavating and filling work bearing shall be
maintained at the site during the progress of the work.
c) The permittee or his/her agent shall make regular inspections of all control measures once
every seven (7) days during active construction and within 24 hours after a rainfall event
greater than .5 inches in 24 hours. The purpose of such inspections will be to determine
502.18-7
ORDINANCE 502 — ZONING ORDINANCE
the overall effectiveness of the control plan and the need for additional control measures.
All inspections shall be documented in written form and available upon request to the
City.
d) All inspections and maintenance conducted during construction must be recorded in
writing and must be retained with the SWPPP. Records of each inspection and
maintenance activity shall include:
1. Date and time of inspection.
2. Name of person(s) conducting the inspections.
3. Findings of inspections, including recommendations for corrective actions.
4. Date and amount of all rainfall events 0.5 inches or greater in 24 hours.
5. Corrective actions taken (including dates, times, and the party completing the
maintenance activities).
6. Documentation of changes made to SWPPP.
e) The City or City's designated agent shall enter the property of the applicant as deemed
necessary to make regular inspections to ensure the validity and compliance of the permit
filed.
f) The Applicant shall notify the City a minimum of forty-eight hours (48) notice prior to
the following required City Inspections.
1. Initial Inspection — when all Erosion and Sediment Control BMP's are installed.
2. Project Complete Inspection —when the project is complete including, but not limited
to, final Grading, installation of all Stormwater Management Facilities and Final
Stabilization measures are complete.
g) Parts of the construction site that have achieved final stabilization, but work continues on
other parts of the site, inspections of the stabilized areas can be reduced to once a month.
If work has been suspended due to frozen ground conditions, the required inspections and
maintenance must take place as soon as runoff occurs or prior to resuming construction,
which ever happens first.
h) All erosion and sediment BMP's shall be inspected to ensure integrity and effectiveness.
All nonfunctional BMP's shall be replaced or supplemented with a functional BMP. The
Permittee shall investigate and comply with the following inspection and maintenance
requirements.
i) All silt fences must be repaired, replaced or supplemented when they become
502.18-8
ORDINANCE 502 — ZONING ORDINANCE
nonfunctional or the sediment reaches 1/2 of the height of the fence. These repairs shall be
made within 24 hours of discovery or as soon as field conditions allow access.
j) Temporary and permanent sedimentation basins must be drained and the sediment
removed when the depth of sediment collected in the basin reaches 1/2 the storage
volume. Drainage and removal must be completed with 72 hours of discovery, or as soon
as field conditions all access.
k) Surface waters, including drainage ditches and conveyance systems must be inspected for
evidence of sediment being deposited by erosion. The Permittee shall remove all deltas
and sediment deposited in surface waters, including drainage ways, catch basins, and
other drainage systems, and re -stabilize the area where sediment removal results in
exposed soil. The removal and stabilization shall take place within seven (7) days of
discovery unless precluded by legal, regulatory, or physical access constraints. The
Permittee shall use all reasonable efforts to obtain access. If precluded, removal and
stabilization shall take place within seven (7) calendar days of obtaining access. The
Permittee is responsible for contacting all local, regional, state and federal authorities and
receiving any applicable permits prior to conducting any work.
1) Construction site vehicle exit locations shall be inspected for evidence of off-site
sediment tracking onto paved surfaces. Tracked sediment shall be removed from all off-
site paved surfaces within 24 hours of discovery or if applicable within a shorter time.
m) The Permittee is responsible for the operation and maintenance of temporary and
permanent water quality management BMP's as well as all erosion prevention and
sediment control BMP's for the duration of the construction work at the site. The
Permittee is responsible until another Permittee has assumed control over all areas of the
site that have not been finally stabilized or the site has undergone final stabilization and a
notice has been submitted to the MPCA if the project has a SWPPP.
n) If sediment escapes the construction site, off-site accumulations of sediment shall be
removed in a manner and at a frequency sufficient to minimize off-site impacts (e.g.
fugitive sediment in streets could be washed into storm sewers by the next rain and/or
pose a safety hazard to users of public streets).
o) All infiltration areas shall be inspected to ensure that no sediment from ongoing
construction activities is reaching the infiltration area and these areas are protected from
compaction due to construction equipment driving across the infiltration area.
Subd. 12: Final Stabilization. The Permittee must ensure final stabilization of the site.
Final stabilization is achieved in the following ways:
a) All soil disturbing activities at the site have been completed and all soils will be
stabilized by uniform perennial vegetative cover with a density of at least 70 percent over
the entire pervious surface area or other equivalent means necessary to prevent soil
failure under erosive conditions and:
502.18-9
ORDINANCE 502 — ZONING ORDINANCE
1) All drainage ditches, constructed to drain water from the site after construction is
complete must be stabilized to preclude erosion; and
2) All temporary synthetic, and structural erosion prevention and sediment control
BMP's (such as silt fence) must be removed as part of the site final stabilization; and
3) The Permittee must clean out all sediment from conveyances and from temporary
sedimentation basins that are to be used as permanent water quality management
basins. Sediment must be stabilized to prevent it from washing back into the basin,
conveyances or drainage ways, discharging off-site or to surface waters. The cleanout
of permanent basins must be sufficient to return the basin to design capacity.
b) For residential construction only, final stabilization has been achieved when:
1) Temporary erosion protection and down gradient perimeter control for individual lots
has been completed and the residence has been transferred to the homeowner.
2) The Permittee must distribute the MPCA "Homeowner Fact Sheet" to the homeowner
to inform the homeowner of the need, and benefits of final stabilization.
Subd. 13: Financial Security. The City of St. Joseph may require at their discretion a
letter of credit or other financial security in a form acceptable to the City in the amount of 150%
of the total estimated construction cost of the stormwater management systems. Financial
securities shall not be released until all permitted and remedial work is completed. Financial
sercurities may be used by the City to complete work not completed by the Applicant.
Subd. 14: Enforcement.
a) Compliance required. The applicant shall implement and comply with the land
disturbance permit prior to and during any construction of land disturbing activity under
the land -disturbing permit. All stabilization measures shall be implemented and
maintained until all grading, excavation and construction work has ended.
b) Stop -Work Order: Revocation of Permit and Suspension of Construction In the event that
any person holding a land disturbance permit pursuant to this ordinance violates the terms
of the permit and in found non-compliant with the permit or implements site development
construction practices in such a manner as to materially adversely affect the health,
welfare, or safety of persons residing or working in the neighborhood or development site
so as to be materially detrimental to the public welfare or injurious to property or
improvements in the neighborhood, the City of St. Joseph may suspend construction and
revoke the site development permit. The City shall serve upon the property manager, or
other responsible persons written notice of the violation of the approved Land
Disturbance Permit.
c) Violation and Penalties. No person shall construct, enlarge, alter, repair or maintain any
502.18-10
ORDINANCE 502 — ZONING ORDINANCE
grading, excavation, or fill or cause the same to be done, contrary to or in violation of any
terms of this ordinance. Any person violating any of the provisions of this ordinance shall
be deemed quality of a misdemeanor and each day during which any violation of any of
the provisions of his ordinance is committed, continued, or permitted, shall constitute a
separate offence. Upon conviction of any such violation, a fine to be determined by the
City of St. Joseph for each offense shall punish such person, partnership or corporation.
In addition to any other penalty authorized by this section, any person, partnership, or
corporation convicted of violating any of the provisions of this ordinance shall be
required to bear the expense of such restoration.
502.18-11
ORDINANCE 502 - ZONING ORDINANCE
Section 502.18: SURFACE (STORM) WATER MANAGEMENT r ct' '.-ero- ora;^an CP-
Subd. 1: Findings. The City of St. Joseph hereby finds that uncontrolled and
inadequately planned use of wetlands, woodlands, natural habitat areas, areas subject to soil
erosion and areas containing restrictive soils adversely affects the public health, safety and
general welfare by impacting water quality and contributing to other environmental problems,
creating nuisances, impairing other beneficial uses of environmental resources and hindering the
ability of the City to provide adequate water, sewer, flood control and other community services.
In addition, extraordinary public expenditures may be required for the protection of persons and
property in such areas and in areas which may be affected by unplanned land usage.
Subd. 2: Purpose. The purpose of this Chapter is to promote, preserve and enhance the
natural resources within the City of St. Joseph and protect them from adverse effects occasioned
by poorly sited development or incompatible activities by regulating land disturbing or
development activities that would have an adverse and potentially irreversible impact on water
quality and unique and fragile environmentally sensitive land; by minimizing conflicts and
encouraging compatibility between land disturbing and development activities and water quality
and environmentally sensitive lands; and by requiring detailed review standards and procedures
for land disturbing or development activities proposed for such areas, thereby achieving a
balance between urban growth and development and protection of water quality and natural
areas.
Subd. 3: Scope and Effect.
a) Applicability. Every applicant for Subdivision approval, PUD approval, or
commercial, multiple family residential or industrial permit to allow land
disturbing activities must submit a surface (storm) water management plan to the
City. No Subdivision approval or permit to all land disturbing activities,
including but not limited to, mining, excavation, filling and grading shall be
issued until approval of the surface (storm) water management plan or a waiver of
the approval requirement has been obtained in conformance with the provisions of
this Ordinance. The provisions of this subdivision apply to all land, public or
private, located within the City.
b) Exemptions. The provisions of this Chapter do not apply to:
Any part of a Subdivision if a plat for the Subdivision has been approved
by the City on or before the effective date of this Ordinance.
2. Any land disturbing activity for which plans have been approved by the
watershed management organization within six months prior to the
effective date of this Ordinance.
502.18-1
ORDINANCE 502 — ZONING ORDINANCE
3. A lot for which a zoning permit has been approved on or before the
effective date of this Ordinance.
4. Installation of a fence, sign, telephone and electric poles and other kinds of
posts or poles.
5. Emergency work to protect life, limb or property.
C) The City upon recommendation of the Planning Commission, may waive any
requirement of this subdivision upon making a finding that compliance with the
requirement will involve an unnecessary hardship and the waiver of such
requirement will not adversely affect the standards and requirements set forth in
this subdivision. The City may require as a condition of the waiver, such
dedication or construction, or agreement to dedicate or construct physical
improvements, facilities, property and/or easements as may be necessary to
adequately meet said standards and requirements.
Subd. 4: Surface (Storm) Water Management Plan Approval Procedures.
a) Application.
1. A written application for surface (storm) water management plan
approval, along with the proposed surface (storm) water management
plan, shall be filed with the Zoning Administrator and shall include a
statement indicating the grounds upon which the approval is requested,
that the proposed use is permitted by right or as an exception in the
underlying zoning district, and adequate evidence showing that the
proposed use will conform to the standards set forth in this subdivision.
Prior to applying for approval of a surface (storm) water management
plan, an applicant may have the surface (storm) water management plans
reviewed by the City.
2. Two sets of clearly legible blue or black lined copies of drawings and
required information shall be submitted to the City and shall be
accompanied by a receipt evidencing payment of fees (if applicable) for
processing and approval as set forth in Subdivision 5 (E), and a bond when
required by Subdivision 5 (D) in the amount to be calculated in
accordance with that Subdivision. Drawings shall be prepared to scale
appropriate to the site of the project and suitable for the review to be
performed.
502.18-2
ORDINANCE 502 — ZONING ORDINANCE
Subd. 5: Surface (Storm) Water Management Standards.
a) When possible existing natural drainageways, wetlands, and vegetated soil
surfaces must be used to convey, store, filter, and retain stormwater runoff before
discharge to public waters.
b) Development must be planned and conducted in a manner that will minimize the
extent of disturbed areas, runoff velocities, erosion potential, and reduce and
delay runoff volumes. Disturbed areas must be stabilized and protected as soon as
possible and facilities or methods used to retain sediment on the site.
C) When development density, topographic features, and soil and vegetation
conditions are not sufficient to adequately handle stormwater runoff using natural
features and vegetation, various types of constructed facilities such as diversions,
settling basins, skimming devices, dikes, waterways and ponds may be used.
Preference should be given to designs using surface drainage, vegetation, and
infiltration rather than buried pipes and man-made materials and facilities.
d) When constructed facilities are used for stormwater management, documentation
must be provided by a qualified individual that they are designed and installed
consistent with applicable local, state and federal standards.
e) New constructed stormwater outfalls to public waters must provide for filtering or
settling of suspended solids and skimming of surface debris before discharge.
Subd. 6: Surface (Storm) Water Management Plan Required.
a) At a minimum, the surface (storm) water management plan shall contain the
following information:
Existing Site Map. A map of existing site conditions showing the site and
immediately adjacent areas, including:
A. The name and address of the applicant; a legal description of the
property directly associated with the request; north point; date;
scale of drawing; and number of sheets;
B. Location of the tract by an insert map at a scale sufficient to clearly
identify the location of the property and giving such information as
the names and numbers of adjoining roads, railroads, utilities,
Subdivisions, towns, and districts or other landmarks;
C. Existing topography with a contour interval appropriate to the
topography of the land but in no case having a contour interval
greater than two (2) feet;
502.18-3
ORDINANCE 502 — ZONING ORDINANCE
D. A delineation of all streams, rivers, public waters and wetlands
located on and immediately adjacent to the site, including depth of
water, a description of vegetation which may be found in the
water, a statement of general water quality, and any classification
given to the water body or wetland by the Minnesota Department
of Natural Resources, the Minnesota Pollution Control Agency,
and/or the United States Army Corps of Engineers;
E. Location and dimensions of existing surface (storm) water
drainage systems and natural drainage patterns on and immediately
adjacent to the site delineating in which direction and at what rate
surface (storm) water is conveyed from the site, identifying the
receiving stream, river, public water, or wetland, and setting forth
those areas of the unaltered site where surface (storm) water
collects;
F. A description of the soils of the site, including a map indicating
soil types of areas to be disturbed as well as a soil report
containing information on the suitability of the soils for the type of
development proposed and for the type of sewage disposal
proposed and describing any remedial steps to be taken by the
Developer to render the soils suitable; and
G. Vegetative cover and clearly delineating any vegetation proposed
for removal.
2. Site Construction Plan. A site construction plan including:
A. Locations and dimensions of all proposed land disturbing activities
and any phasing of those activities;
B. Locations and estimated dimensions of all temporary soil or dirt
stockpiles;
C. Locations and dimensions of all construction site erosion control
measures necessary to meet the requirements of this Subdivision;
D. Schedule of anticipated starting and completion date of each land
disturbing activity including the installation of construction site
erosion control measures needed to meet the requirements of this
subdivision; and,
E. Provisions for maintenance of the construction site erosion control
measures during construction.
502.18-4
ORDINANCE 502 — ZONING ORDINANCE
3. Plan of Final Site Conditions. A plan of final site conditions on the same
scale as the existing site map showing the site changes including:
A. Finished grading shown at contours at the same interval as
provided above or as required to clearly indicate the relationship of
proposed changes to existing topography and remaining features;
B. A drainage plan of the developed site delineating in which
direction and at what rate surface (storm) water will be conveyed
from the site and settling forth the areas of the site where surface
(storm) water will be allowed to collect;
C. The proposed size, alignment and intended use of any structures to
be erected on the site;
D. A clear delineation and tabulation of all areas which shall be paved
or surfaced, including a description of the surfacing material to be
used; and
E. Any other information pertinent to the particular project which in
the opinion of the applicant is necessary for the review of the
proj ect.
Subd. 7: Plan Review Procedure.
a) Process. Surface (storm) water management plans meeting the requirements of
Subdivision 4 shall be submitted by the Zoning Administrator who shall consult
with the City Engineer or Designee for review in accordance with the standards of
Subdivision 6. The Planning Commission shall recommend approval,
recommend approval with conditions, or recommend denial of the surface (storm)
water management plan to the City Council. Following Planning Commission
action, the surface (storm) water management plan shall be submitted to the City
Council at its next available meeting. City Council action on the surface (storm)
water management plan must be accomplished within sixty (60) days following
the date the completed application for approval is filed with the Zoning
Administrator
b) Duration. Approval of a plan submitted under the provisions of this Chapter shall
expire one year after the date of approval unless construction has commenced in
accordance with the plan. However, if prior to the expiration of the approval the
applicant makes a written request to the Zoning Administrator for an extension of
time to commence construction setting forth the reasons for the requested
extension, the City may grant one extension of not greater than one single year.
Receipt of any request for an extension shall be acknowledged by the Zoning
Administrator within fifteen (15) days. The Zoning Administrator, after
consulting with the City Engineer shall make a decision on the extension within
502.18-5
ORDINANCE 502 — ZONING ORDINANCE
thirty (30) days of receipt. Any plan may be revised in the same manner as
originally approved.
C) A surface (storm) water management plan may be approved subject to compliance
with conditions reasonable and necessary to insure that the requirements
contained in this Subdivision are met. Such conditions may, among other matters,
limit the size, kind or character of the proposed development; require the
construction of structures, drainage facilities, storage basins, and other facilities;
require replacement of vegetation; establish required monitoring procedures; stage
the work over time; require alternation of the site design to insure buffering; and
require the conveyance to the City or other public entity of certain lands or
interests therein.
d) Performance Bond. Prior to approval of any surface (storm) water management
plan, the applicant shall submit an agreement to construct such required physical
improvements, to dedicate property or easement, or to comply with such
conditions as may have been agreed to. Such agreement shall be accompanied by
a bond to cover the amount of the established cost of complying with the
agreement. The agreement and bond shall guarantee completion and compliance
with conditions within a specific time, which time may be extended. The
adequacy, conditions and acceptability of any agreement and bond shall be
determined by the City Council or any official of the City as may be designated
by resolution of the City Council.
C) Fees. All applications for surface (storm) water management plan approval shall
be accompanied by a processing and approval fee, if applicable, and as specified
by the City Council through resolution.
Subd. 8: Site Dewatering. Water pumped from the site shall be treated by temporary
sedimentation basins, grit chambers, sand filters, upflow chambers, hydro -cyclones, swirl
concentrators or other appropriate controls as appropriate. Water may not be discharged in a
manner that causes erosion or flooding of the site or receiving channels or a wetland.
Subd. 9: Waste and Material Disposal. All waste and unused building materials,
including but not limited to, garbage, cleaning wastes, debris, wastewater, toxic materials or
hazardous materials, shall be properly disposed of off-site and not allowed to be carried by
runoff into a receiving channel or surface (storm) sewer system.
Subd. 10: Tracking. Each site shall have graveled roads, access drives and parking areas
of sufficient width and length to prevent sediment from being tracked onto public or private
roadways. Any sediment reaching a public or private road shall be removed by street cleaning
(not flushing) before the end of each workday.
Subd. 11: Drain Inlet Protection. All surface (storm) drain inlets shall be protected
during construction until control measures are in place with a straw bale, silt fence or equivalent
502.18-6
ORDINANCE 502 — ZONING ORDINANCE
barrier meeting accepted design criteria, standards, and specifications contained in the Minnesota
Pollution Control Agency publication entitled "Protecting Water Quality in Urban Areas".
Subd. 12: Site Erosion Control.
a) The following criteria (1 through 4) apply to construction activities that result in
runoff on and/or leaving the site.
1. Channeled runoff from adjacent areas passing through the site shall be
diverted around disturbed areas, if practical. Otherwise, the channel shall
be protected as described below. Sheetflow runoff from adjacent areas
greater than ten thousand (10,000) square feet in area shall also be
diverted around disturbed areas, if practical. Diverted runoff shall be
conveyed in a manner that will not erode the conveyance and receiving
channels.
2. All activities on the site shall be conducted in a logical sequence to
minimize the area of bare soil exposed at any one time.
3. Runoff from the entire disturbed area on the site shall be controlled by
meeting either Subsection (a) and (b) or (a) and (c):
A. All disturbed ground left inactive for fourteen (14) or more days
shall be stabilized by seeding or sodding (only available prior to
September 15) or by mulching or covering or other equivalent
control measure.
B. For sites with more than twenty (20) acres disturbed at one time, or
if a channel originates in the disturbed area, one or more temporary
or permanent sedimentation basins shall be constructed. Each
sedimentation basin shall have a surface area of at least one
percent (1%) of the area draining to the basin and at least three (3)
feet of depth and constructed in accordance with accepted design
specifications. Sediment shall be removed to maintain a depth of
three (3) feet. The basin discharge rate shall also be sufficiently
low as to not cause erosion along the discharge channel or the
receiving water.
C. For sites with less than twenty (20) acres disturbed at one time, silt
fences, straw bales or equivalent control measures shall be laced
along all sideslope and downslope sides of the site. If a channel or
area of concentrated runoff passes through the site, silt fences shall
be placed along the channel edges to reduce sediment reaching the
channel. The use of silt fences, straw bales or equivalent control
measures must include a maintenance and inspection schedule.
502.18-7
ORDINANCE 502 — ZONING ORDINANCE
4. Any soil or dirt storage piles containing more than twenty (20) cubic yards
of material should not be located with a downslope drainage length of less
than twenty-five (25) feet from the toe of the pile to a roadway or drainage
channel. If remaining for more than fourteen (14) days, they shall be
stabilized by mulching, vegetative cover, tarps, or other means. Erosion
from piles which will be in existence for less than fourteen (14) days shall
be controlled by placing straw bales or silt fence barriers around the pile.
In -street utility repair or construction soil or dirt storage piles located
closer than twenty-five (25) feet of a roadway or drainage channel must be
covered with tarps or suitable alternative control, if exposed for more than
seven days, and the surface (storm) drain inlets must be protected with
straw bale or other appropriate filtering barriers.
Subd. 13: Surface (Storm) Water Management Criteria for Permanent Facilities.
a) An applicant shall install or construct, on or for the proposed land disturbing or
development activity, all surface (storm) water management facilities deemed
necessary by the City and/or City Engineer to manage increased runoff so that the
two-year, ten-year, and 100 -year storm peak discharge rates existing before the
proposed development shall not be increased, and accelerated channel erosion
will not occur as a result of the proposed land disturbing or development activity.
An applicant may also make an in-kind or monetary contribution to the
development and maintenance of community surface (storm) water management
facilities designed to serve multiple land disturbing and development activities
undertaken by one (1) or more persons, including the applicant.
b) The applicant shall give consideration to reducing the need for surface (storm)
water management facilities by incorporating the use of natural topography and
land cover such as wetlands, ponds, natural swales and depressions as they exist
before development to the degree that they can accommodate the additional flow
of water without compromising the integrity or quality of the wetland or pond.
C) The following surface (storm) water management practices shall be investigated
in developing a surface (storm) water management plan:
Natural infiltration of precipitation on-site, if located outside of areas
considered sensitive to groundwater contamination;
2. Flow rate reduction by use of open vegetated swales and natural
depressions;
3. Surface (storm) water retention facilities; and
4. Surface (storm) water detention facilities.
d) A combination of successive practices may be used to achieve the applicable
502.18-8
ORDINANCE 502 — ZONING ORDINANCE
minimum control requirements specified in Subsection (1) above. The applicant
shall provide justification for the method selected.
Subd. 14: Design Standards for Detention Facilities. Surface (storm) water detention
facilities constructed in the City of St. Joseph shall be designed according to standards approved
by the City Engineer.
Subd. 15: Models/Methodologies. Hydrologic models and design methodologies used
for the determination of runoff and analysis of surface (storm) water management structures shall
be approved by the City Engineer. Plan, specification, and computations for surface (storm)
water management facilities submitted for review shall be sealed and signed by a registered
professional engineer. All computations shall appear on the plans submitted for review, unless
otherwise approved by the City Engineer.
Subd. 16: Watershed Management and Groundwater Management Plans. Surface
(storm) water management plans shall be consistent with adopted watershed management plans
and groundwater management plans prepared in accordance with Minnesota Statutes Chapter
12313.231 and 103B.255 respectively, and as approved by the local watershed authority as
required by state law.
Subd. 17: Easements. If a surface (storm) water management plan involves direction of
some or all runoff off of the site, it shall be the responsibility of the applicant to obtain from
adjacent property owners any necessary easements or other property interests concerning
flowage of water.
Subd. 18: Surface (Storm) Water Development Fees. Following approval of a surface
(storm) water management plan, applicants shall pay to the City a surface (storm) water
development fee based upon the square footage of the project's Net Developable Property. "Net
Developable Property" is defined as the gross land area minus the streets and other land area
dedicated to the public. The per square foot fee shall be set by the City Council and adjusted
from time to time by resolution. The City, in its sole discretion, may allow the applicant to offset
the storm water fee, the cost of construction or maintenance of community surface (storm) water
management facilities designed to serve multiple land disturbing and development activities that
the developer paid for.
502.18-9
ORDINANCE 502 — ZONING ORDINANCE
Section 502.50: B-1 CENTRAL BUSINESS DISTRICT
Subd. 1: Intent. The Central Business District has been established to encourage the
continuation of a viable downtown by promoting uses dependent of high volumes of pedestrian
traffic; to provide for regulation of the high intensity commercial uses located within the original
core of the City; and, to encourage parks/greenspace in the downtown. The Central Business
District provides space for concentrated general business and commercial activities at locations
where they are easily accessible to residential areas and, at the same time, minimizing negative
impacts to residential neighborhoods.
Subd. 2: Permitted Uses. The following uses shall be permitted within the Central
Business District:
a)
Antique stores.
b)
Appliance stores.
C)
Apparel shops.
d)
Artisan shops.
e) Bakery goods, sales and baking of goods on premises.
f) Barber and beauty salons.
g) Bicycle sales and repairs.
h) Book stores.
i) Boutiques.
j) Business/professional offices.
k) Coffee shops.
1) Farmers market. Notification and the submittal of a plan to the Planning
Commission is required.
m) Financial institutions, including insurance companies.
n) Florist.
o) Fruit, vegetable and meat stores.
502.50-1
ORDINANCE 502 — ZONING ORDINANCE
P) Government buildings.
q) Grocery and drug stores, not more than 10,000 square feet in size.
r) Hardware stores, not more than 10,000 square feet in size.
S) Hobby shops and gift stores.
t) Interior design services, including floor and wall covering stores.
U) Jewelry sales and service.
V) Laundry and dry-cleaning services.
w) Library.
x) Medical, optical and dental clinics.
Y) Microbreweries and bars.
Y) Parks and Open Spaces.
Z) Pet shops, excluding kennel services.
aa) Photograph sales and repair.
bb) Record and video stores.
cc) Restaurants, coffee shops, excluding drive-in service.
dd) Sporting goods stores.
ee) Postal facilities
ff) Other use determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Subd. 3: Conditional Uses. The following uses shall require a Conditional Use Permit as
provided for in this Ordinance.
a) Bed and Breakfast.
b) Convenience stores, excluding fueling facilities.
C) State licensed day care and nursery school facilities provided that:
502.50-2
ORDINANCE 502 — ZONING ORDINANCE
Adequate off-street parking and loading is provided, and;
2. The facility meets all State licensing requirements pursuant to Minnesota
Statutes 245A.02 and 45A.11.
d) Motor vehicle service stations.
#3eL_Auto, service and repair shops.
g)fL_Mixed use of a Permitted Use and a multiple residential dwelling units; but only if
at least 50% of the interior square footage (exclusive of the basement or cellar) is
used full time for a Permitted Use, and said permitted and residential uses are not
conflicting. The area consisting of multiple residential dwelling units must meet
the standards of this Ordinance; and said residential uses occupy only the upper
and/or rear portions of structures. Off-street parking requirements shall be
separately determined for the commercial and residential uses in accordance with
Section 502.10.
hog Hotels, Motels, Lodge.
OhL_Commercial Planned Unit Developments.
})Other uses determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Subd. 4: Permitted Accessory. The following uses shall be permitted as an
Accessory Use in the Central Business District.
a) Commercial or business building for a use accessory to the principal use, not to
exceed 50 percent of the size of principal building.
b) 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_
Subd. 5: Setback Requirements.
a) Front yard setbacks shall be ten (10) feet from the lot line. If the building front is
located on Minnesota Street from College Avenue to Second Street Northwest, no
front yard setback is required.
502.50-3
ORDINANCE 502 — ZONING ORDINANCE
b) Side yard setback shall be five (5) feet from the lot line. No structure shall be
placed closer than twenty (20) feet from the boundary of any residential district. If
the building front is located on Minnesota Street from College Avenue to Second
Street Northwest, no side yard setback is required.
C) Rear yard setback shall be five (5) feet from the lot line, except:
Where a lot abuts an alley, the rear yard setback shall be ten (10) feet;
2. Where a lot abuts a residential district, the rear yard setback shall be
twenty (20) feet.
Subd. 6: Height Requirements. Any portion of a structure shall not exceed 3 stories or 40
feet in height. Berming the building does not allow a building to be constructed higher than 40
feet. Elevation for the building shall be determined by the average grade of the land.
Subd. 7: Building Materials. Building facades shall be designed to avoid a monolithic
design and feature divisions in materials, textures and separate entrance
treatments. The exterior surface of all buildings and structures must be
constructed of one of, or a combination of, the following building materials.
a) Brick or face brick including textured, burnished and colored block;
b) Specially designed precast concrete units if the surfaces have been integrally
treated with an applied decorative material or texture (excluding raw concrete
block painted or unpainted or ceramic faced);
C) Wood;
d) Natural or cut stone;
e) Glass or any combination thereof,
f) Stucco;
g) Pre -finished architectural metal panels when utilized for accent and/or
architectural components of buildings such as the entry or entry appendage, a
required enclosure or screen or architectural roofing as an intended designed
accent (not to exceed 15% of the exposed wall area on any two visible sides of the
building).
h) Any other materials approved by the City Council after a review and
recommendation by the Planning Commission, including but not limited to
durable decorative synthetic material or concrete composite material found to be
comparable or superior which mimic the appearance of other approved materials.
502.50-4
ORDINANCE 502 — ZONING ORDINANCE
i) Roof Materials. All roofs which are exposed to a view or are an integral part of a
Building's aesthetics will be constructed only of commercial grade asphalt
shingles, wood shingles, standing seam metal, slate, tile or copper. The City
Council may consider green roof options that reduce stormwater runoff and
improve water quality.
Subd. 8: Other Requirements.
a) Before the issuance of a building permit, all buildings constructed in the Central
Business District must have a landscape plan approved by the Planning
Commission.
b) Before the issuance of a building permit all buildings constructed, or undergoing
exterior renovation or remodeling in the Central Business District must have the
exterior finish design and materials approved by the Planning Commission.
C) Where a use exists pursuant to a conditional use permit in conjunction with a
permitted use, the required parking shall be computed for the permitted use and
conditional use separately with adequate parking required to satisfy both uses.
d) No outdoor storage shall be allowed.
e) Single tenant retail buildings shall not exceed 10,000 square feet.
Subd. 9: Site Coverage. No structure or combination of structures shall occupy more
than 90 percent of the lot area.
Imik 'J&
Subd. 10: 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.
Subd. 11: Interim Use Permit for Rental Units.
a) Residential units in areas that have been rezoned to commercial from residential
shall be allowed an interim use permit as a rental unit for a specific period of
time. The maximum density for rental units under the interim use permit shall be
limited to the density which is allowed in the R-1, Single Family Residential
District.
b) The interim use as a rental unit shall be obtained through the interim use
procedures set forth in this Ordinance.
C) In requesting such an interim rental use, the landowner agrees to any conditions
that the governing body deems appropriate for permission of the use and agrees
that the use will terminate at the designated date for termination of the interim
use.
502.50-5
ORDINANCE 502 — ZONING ORDINANCE
d) Public hearings shall be held as set forth in this Ordinance.
502.50-6
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. Bakery goods, sales and baking of goods on premises. Bakeries ...i. �v
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:
502.54-2
ORDINANCE 502 — ZONING ORDINANCE
a) Animal/Pet Boarding, Training, Grooming and Spa provided that the following is
met:
The establishment provides services for domestic animals only, meaning
house pets such as dogs and cats.
2. Buildings must be sound controlled to protect other tenants within the
structure and neighboring structures and property.
3. Outdoor animal runs/exercise areas shall be located in the rear yard, be
fully enclosed with a six foot solid fence. Chain link and sheet metal
fencing is prohibited. The run/exercise area shall be maintained in a dust
free, erosion control manner.
4. Outdoor animal runs/exercise areas shall be located no closer than fifty
(50) feet to a residential use or district.
5. Dogs shall be supervised at all times while in the animal run/exercise area
and any barking dogs shall be immediately taken into the building.
6. Outdoor animal runs/exercise areas shall only be used during the hours of
7amand 9pm.
7. The use is subject to the noise ordinance.
8. No exterior kennels will be permitted.
9. There shall be no breeding and/or sales of animals.
Amended 6/2018
b) Auto malls and/or automobile service and gas stations, provided that:
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.
502.54-3
ORDINANCE 502 — ZONING ORDINANCE
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.
C) Office warehousing.
d) Lawn and garden temporary sales area.
e) Lumber yards and home improvement retail centers.
f) New or used auto dealerships.
g) Stone building material sales and service.
h) Recreational vehicle sales and services.
i) Transportation terminals, public utility and transfer stations, without storage
yards.
j) Equipment Services.
1. Radio and television shops
2. Appliance repair shops
3. Appliance show rooms
k) Recreational Services.
1. Theaters
2. Bowling establishments
3. Clubs and lodges
1) Hotels
m) Motels
n) 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.
o) 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.
502.54-4
ORDINANCE 502 — ZONING ORDINANCE
p) Convenience Store with gasoline, provided that:
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.
q) Postal Stations.. JLb
r) 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
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.
502.54-5
ORDINANCE 502 — ZONING ORDINANCE
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.
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.
3. The Interim Use Permit shall be obtained through the interim use
procedures set forth in this Ordinance.
b) Rental Units.
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.
502.54-6
ORDINANCE 502 — ZONING 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. Setback shall be twenty (20) feet from the lot line.
d) Side. Setback shall be ten (10) feet from the lot line. If the property's side
yard is adjacent to County State Aid Highway 75, the setback shall conform to
Subd. 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.
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. Maximum impervious surface coverage of all buildings, parking
areas, sidewalks and all other areas covered with impervious material shall not exceed seventy-
five (75) percent.
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
502.54-7
ORDINANCE 502 — ZONING ORDINANCE
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 mechanical, 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.
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 storage/use of construction
material shall be allowed to continue to store material on site provided the
material is stored in the rear yard.
Amended 9/2018
502.54-8
CHAPTER V — BUILDING, LAND USE & REGULATIONS
ORDINANCE 508
ORDINANCE
Section 508.01
Section 508.02
Section 508.03
Section 508.04
Section 508.05
Section 508.06
Section 508.07
Section 508.08
........................
Section 508.09
Section 508.10
Section 508.11
Section 508.12
Section 508.13
TELECOMMUNICATION FRE STn "TT'n`Tr' TOWER REGULATION
.................................................................................................................
508-1
PURPOSE.............................................................................................
508-1
DEFINITIONS......................................................................................
508-1
PERMITTED ZONING DISTRICTS ..................................................
508-5
GENERAL PERFORMANCE STANDARDS ....................................
508-5
TOWER SETBACKS...........................................................................
508-6
TOWER LIGHTING............................................................................
508-7
SIGNS AND ADVERTISING.............................................................
508-7
ABANDONED OR UNUSED TELECOMMUNICATION TOWERS .......
.................................................................................................................
508-7
INTERFERENCE OF PUBLIC SAFETY COMMUNICATIONS .....
508-7
CONDITIONAL USE APPLICATION SUBMITTAL .......................
508-7
BUILDING MOUNTED ANTENNAS ................................................
508-8
AMATEUR RADIO TOWERS............................................................
508-9
PENALTIES.........................................................................................
508-9
1: 1
1
CHAPTER V — BUILDING, LAND USE & REGULATIONS
ORDINANCE 508 TELECOMMUNICATION TOWER AND ANTENNA ORDINANCE
Section 508.01: PURPOSE. The purpose of this ordinance is to accommodate the
communication needs of residents and businesses while protecting public health, safety and
general welfare of the community. The City finds that these regulations are necessary in order
to:
Subd. 1: Facilitate the provision of wireless communication services to residents and
businesses;
Subd. 2: Minimize adverse visual effects of towers through careful design and site
standards;
Subd. 3: Avoid potential damage to adjacent properties from tower failure through
structural standards and setback requirements; aad
Subd. 4: Maximize the use of existing and approved towers and buildings to
accommodate new wireless communication antennas in order to reduce the number of towers
needed to serve the community17
Subd. 5: Utilize business, industrial and public land, buildings and structures for
telecommunication whenever possible and/or appropriate; and
Subd. 6 Provide for the appropriate location and development of towers and antennas to
accommodate the communication needs of the residents and businesses within the City.
Section 508.02: DEFINITIONS. The following words and terms shall have the
following meanings unless the context clearly indicates otherwise:
Subd. 9: Accessory Buildings. All utility buildings and structures accessory to a
tower.
Subd. 7: Amateur Radio and Television Towers. A tower used exclusively for
transmission and reception by an amateur radio operator, which is located on the same property
as the radio or for residential television reception, and does not exceed 40 feet in height.
Subd. 1: Base unit. An unstaffed single story structure or weatherproofed cabinet used to
house radio frequency transmitters, receivers, power amplifiers, signal processing hardware and
related equipment.
508-1
CHAPTER V — BUILDING, LAND USE & REGULATIONS
Subd. 10: Building Mounted Antenna. A wireless communications antenna mounted on
or attached to the roof or wall of an existing building.
Subd. 2: Commercial Wireless Telecommunication Services. Licensed commercial
wireless telecommunication services, including cellular, personal communication services (PCS),
specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and
similar services that are marketed to the general public.
Subd. 11: Commercial Towers. A tower designed or used for commercial wireless
telecommunications services, public radio transmission or commercial television transmission.
Communication Antenna. A device used for the purpose of e^'
receiving or transmitting television, radio, digital, microwave, cellular, personal communication
service (PCS), paging or similar forms of wireless electronic communication, eleetf ea ,r��,o*��
including but not limited to directional antennas, such as panels, microwave dishes and
satellite dishes, and omni -directional antennas, such as whip antennas.
Communication Antenna, Facade Mounted. A communication antenna mounted on the
fagade of a structure such as a building, water tower, clock tower, steeple, stack, light pole,
traffic signal davit or communication tower.
Communication Tower or Antenna, Rooftop Mounted. A communication tower or
antenna located on the roof of a structure such as a building, water tower, clock tower, penthouse
or similar structure.
Communication Tower. Any pole, spire, structure or combination thereof, including
suporting lines, cables, wires, braces and mast, designed and constructed primarily for the
purpose of supportin one ne (1) or more antennas, includingself-supporting lattice towers, guyed
towers or monopole towers. A communication tower may include_ but not be limited to. radio
and television transmission towers, microwave towers, common carrier towers, cellular
telephone towers and personal communication service towers.
Communication tower, monopole. A communication tower consisting of a single pole,
constructed without Pauved wires and anchors.
Communication tower and antenna height. The height of a freestanding communication
tower and antenna shall be measured as the distance from ground level to the highest point on the
tower, including the antenna. The height of a rooftop communication antenna shall be measured
as the distance from the point where the base of the tower and antenna is attached to the roof,
to the highest point on the supporting structure, including the antenna.
Subd. 8: Exempted Dish. A satellite or microwave dish that is two meters or less in
diameter and used for reception of signals exclusively for the occupants of the property on which
it is located.
508-2
CHAPTER V — BUILDING, LAND USE & REGULATIONS
Institutional use. Educational facilities, parks, cemeteries, golf courses, sport arenas,
religious institutions, athletic fields and publicly owned property.
Subd 5: Multi -User Towers. A tower to which is attached the antennas of more than one
commercial wireless telecommunications service provider or governmental entity.
Public owned property. Land, buildings or structures owned by any government body or
public agency including city, , county, state, or federally owned properties, other than public
rights-of-wa.
Public safety communication system. A communication system owned or operated by
government bodygovernment entity such as a law enforcement agency, public works
department, municipal transit authority or medical facility.
Subd. 3: Public Utility. Persons, corporations, or governments supplying gas, electric,
transportation, water, sewer or land lying telephone service to the general public. For the
purpose of this ordinance, commercial wireless communication service facilities shall not be
considered public utility uses, and are defined separately.
Subd. 6: Single -User Towers. A tower to which is attached only the antennas of a single
user, although the tower may be designed to accommodate antennas of multiple users as required
by this ordinance.
Section 508.03: PERMITTED USES. Facade mounted communication antennas
attached to existing city -owned light poles and traffic signal davits in public rights-of-way, shall
be permitted in all districts, provided such antennas and towers comply with the standards of
Ordinance 304 of the St. Joseph Code of Ordinances. Notwithstanding any other provisions to
the contrary, exempted dishes and communication towers and antennas designed for private
reception of television and radio signals, used for amateur or recreational purposes shall be
permitted in all districts as an accessoryprovided such antennas and towers comply with the
following:
1) Freestanding towers and antennas shall not exceed forly (40) feet in height and
rooftop mounted antennas shall not exceed fifteen (15) feet in height.
2) Antennas shall not exceed two (2) meters in diameter.
3) No freestanding tower or antenna shall be located within any required yard other than
the rear yard of any parcel.
4) Only one (1) freestanding tower and antenna shall be allowed per lot in any district.
5) Any freestanding tower shall be of monopole design.
6) Any tower or antenna which is no longer in use, or which has fallen in disrepair to the
extent that it can no longer service its intended purpose, or which constitutes a hazard
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CHAPTER V — BUILDING, LAND USE & REGULATIONS
or nuisance, shall be considered a violation of the zoning ordinance, and shall be
removed.
Section 508.04: PERMITTED USES SUBJECT TO ADMINISTRATIVE REVIEW.
Subd. 1: Uses. Notwithstanding the height limitations of the zoning district, commercial towers
and antennas shall be Permitted in the Public and the educational ecclesiastical zoning districts as
follows, subject to administrative review and approval by the zoning administrator, as specified
in section 508.05, and the standards of this section:
1) Rooftop mounted communication towers and antennas not exceeding fifteen (15) feet
in height.
2) Facade mounted communication antennas.
Subd. 2: Standards. Permitted uses subject to administrative review and approval shall comply
with the following standards:
1) The antenna and its supporting structure shall be aesthetically compatible with the
structure upon which the proposed antenna is to be mounted and with the surrounding
uses. Facade mounted communication antennas shall be camouflaged, and rooftop
mounted communication antennas and towers shall be camouflaized where it is
determined to be necessary.
2) The structure upon which the proposed antenna is to be mounted shall have the
structural integrity to carry the weight of the antenna and its supporting structure.
3) The base unit shall be aesthetically compatible with the surrounding structure upon
which the proposed antenna is to be mounted and with the surrounding uses.
Section 508.05: ADMINISTRATIVE REVIEW PROCESS. The zoning administrator shall have
U to fifteen (15) business days following the submittal of a complete application to approve or
deny such application. The zoning administrator mampose such conditions and require such
guarantees deemed reasonable and necessary to protect the public interest and to ensure
compliance with the standards and purposes of this zoning ordinance and goals and policies of
the comprehensive plan. If proposed on publicly owned land, a determination will be made that
co -location is acceptable so as to not interfere with public safety and pgMose. The applicant shall
submit the following:
1) Scaled schematic drawings and photographic perspectives showing the structure and
placement of the tower and antenna on the structure.
2) A written certification from a registered engineer that the structure has the structural
integrity to carry the weight of the towner and antenna.
3) A scaled drawing showing the size, location, construction materials and screening of
the base unit.
4) A scaled drawing showing how the tower and antenna will be camouflaged.
CHAPTER V — BUILDING, LAND USE & REGULATIONS
Section 508.06-3: CONDITIONAL USES. PERAUTTED 7OATTAT('' DIST 4CT- The
construction and maintenance of a communication tower or antenna shall be
permitted within the following zoning classifications, pursuant to a conditional use permit
granted in accordance with the Zoning Ordinance. Amateur radio, television towers and
exempted dishes shall not require a conditional use permit.
Section 508.03 amended 10/10
Subd. 1: Industrial Districts. All permitted towers and antennas.
Subd. 2: Agricultural Districts. All permitted towers and antennas.
Subd. 3: Public Districts. All permitted towers and antennas, except as provided for in
Section 508.04.
Subd. 4: GeneF4-Business Districts:- B-1 Central Business, B-2 Highway 75 Business,
and B-3 General Business. �gRooftop mounted tower or antenna, facade Mmounted
Aantennas_, a Dishes and antennas not .,,-,-.,ehe „ tav�,er.
Subd. 5: Educational Ecclesiastical District: All permitted towers and antennas, except as
provided for in Section 508.04.
Section 508.04: GENERAL PERFORMANCE STANDARDS. All communication
towers shall meet the following performance standards.
Subd. 1: Multi -User Requirements. A proposal for a new commercial wireless
communication tower shall not be approved unless the City finds that the telecommunications
equipment plans for the proposed tower cannot be accommodated by an existing or approved
tower or building within a one-a-l+&W mile search radius of the proposed tower due to one or
more of the following reasons:
a) The planned equipment would exceed the structural capacity of the existing or
approved tower, as documented by a qualified and licensed professional engineer,
and the existing or approved tower cannot be re -enforced, modified, or replaced to
accommodate planned or equivalent equipment at a reasonable cost.
b) The planned equipment would cause interference materially impacting the
tinea lity li of other existing or planned equipment at the tower as
documented by a qualified and licensed professional engineer, and the
interference cannot be prevented at a reasonable cost.
C) Existing or approved towers and buildings within the search radius cannot
accommodate the planned equipment at a height necessary to function reasonably
as documented by a qualified and licensed professional engineer.
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CHAPTER V — BUILDING, LAND USE & REGULATIONS
d) Other unforeseen reasons that make it infeasible to locate the planned
telecommunications equipment upon an existing or approved tower or building.
e)Any proposed commercial wireless telecommunication service tower shall be
designed (structurally and electronically) in all respects, to accommodate both the
applicant's antennas and comparable antennas for at least two additional users.
The tower must be designed to allow for future re -arrangement of antennas upon
the tower and to accept antennas mounted at various heights.
Subd. 2: Tower and Antenna DesignRequirements. Towers and antennas shall be
designed to blend into the surrounding environment through the use of color and camouflaging
architectural treatment except in instances where the color is dictated by federal or state
authorities such as the Federal Aviation Administration. Commercial wireless
telecommunication service towers shall be of a monopole design unless the City determines that
an alternative design would better blend in the surrounding environment or allow for greater
future multi -use.
Subd. 3: Landscaping and Screening. The City shall establish, as a condition of approval
of a commercial tower, reasonable requirements relating to landscaping and screening to
improve the aesthetic appearance of the base of the tower and accessory buildings. Existing on-
site vegetation should be preserved to the maximum extent possible.
Subd. 4: Fencing. All commercial towers and accessory buildings shall be enclosed
within an aesthetically acceptable fence with a locked gate to prevent unauthorized entry. The
fence shall be at least eight feet, but not greater than ten feet, in height.
Subd. 5: Construction Standards. All towers shall be constructed and maintained in
accordance with the Electronic Industry Association Standards and all applicable building codes.
Subd. 6: Minimum Spacing. Minimum spacing between commercial tower locations is
one-half fe anile_; e pt antennas wholly ntai oa with „ buildingor- othef s,,.,,,.tufe an'
not visible to the general p i,l;e shall be exempt f of this s W
Section 508.05: TOWER SETBACKS. All towers shall confirm with the following
minimum setback requirements.
Subd. 1: All towers shall be set back from property lines a minimum of 125% of the
height of the tower, including all antennas and attachments. The height of the tower shall be
measured from the average grade of the property on which it is located or the actual tower
height, whichever is greater.
Subd. 2: Buildings accessory to a tower shall comply with the setback requirements of
the zone in which the tower is located.
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CHAPTER V — BUILDING, LAND USE & REGULATIONS
Subd. 3: Commercial towers shall be set back a minimum of 4-,484-500 feet from schools
or structures used as dwellings and a minimum of 648 300 feet from property zoned for
residential use.
Subd. 4: A tower setback may be reduced or varied, at the sole discretion of the City, if
the variance will facilitate the integration of the tower into an existing or proposed structure,
such as a church steeple, light standards, power line support device or similar structure.
Section 508.06: TOWER LIGHTING. A tower shall not be illuminated by artificial
means and shall not display strobe lights unless such lighting is specifically required by the
Federal Aviation Administration or other state or federal authority for a particular tower. When
incorporated into the design standards of the tower, light fixtures to illuminate ball fields,
parking lots or similar areas may be attached to the tower.
Section 508.07: SIGNS AND ADVERTISING. The use of any portion of a tower for
signs other than a warning or equipment informational signs is prohibited.
Section 508.08: ABANDONED OR UNUSED TELECOMMUNICATION TOWERS.
Abandoned, unused telecommunications towers or portions of telecommunications towers shall
be removed as follows:
Subd. 1: All abandoned, unused towers and associated facilities shall be removed within
12 months of the cession of operations at the site unless a time extension is approved by the City.
In the event the tower is not removed within 12 months of cession of operations at the site, the
tower and the associated facilities may be removed by the City and the cost of removal assessed
against the property.
Subd. 2: Any unused portions of towers above a manufactured connection shall be
removed within six (6) months of the time of antenna relocation. The replacement of portions of
a tower previously removed requires the issuance of a new conditional use permit.
Section 508.09: INTERFERENCE OF PUBLIC SAFETY COMMUNICATIONS. No
new or existing telecommunication service shall interfere with public safety communications.
All applications for a conditional use permit for new service shall be accompanied by an
intermodulation study which provides the technical evaluation of existing and proposed
transmissions and indicates all potential interference problems. Before the introduction of a new
service or change in existing service, telecommunication providers shall notify the City at least
ten (10) calendar days in advance of such changes and allow the City to monitor interference
levels during the testing process.
Section 508.10: CONDITIONAL USE APPLICATION SUBMITTAL. In addition to
the information generally required to accompany a request for a conditional use permit as found
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CHAPTER V — BUILDING, LAND USE & REGULATIONS
in the Zoning Ordinance, applications for towers shall include the following supplemental
information:
a) A report from a qualified and licensed engineer which:
Describes the tower height and design, including a cross section and
elevation.
2. Documents the height above grade for all potential mounting positions for
collocated antennas and the minimum separation distance between
antennas;
3. Describes the towers capacity, including the number and type of antennas
it can accommodate.
4. Describes how the applicant will take to avoid interference with
established public safety communication.
5. Includes the engineer's stamp and registration number.
6. Includes other information necessary to evaluate the request.
b) Letter of intent committing the tower owner, and successors, to allow the shared
use of the tower if any additional user agrees in writing to meet reasonable terms
and conditions for shared use.
C) Proof that the proposed tower complies with regulations administered by the
Federal Aviation Administration.
d) A report from a qualified and licensed professional engineer which demonstrates
the tower compliance with all applicable structural and electrical standards.
e) A site plan showing the boundaries of the property on which the tower is located,
adjacent land uses, the location of the tower and any accessory buildings within
the property, distance setbacks from property lines for the tower and accessory
buildings, fence locations, and proposed landscaping or screening.
Section 508.11: BUILDING MOUNTED ANTENNAS. The placement of a wireless
antennas on roofs of walls of existing buildings or structures shall be approved by the City as a
conditional use provided that the antennas meet the requirements of this ordinance, after
submittal of a final site and building plan, and a report prepared by qualified licensed
professional engineer indicating the existing building structure suitability to accept the antenna
as well as a proposed method for affixing the antenna to the structure. Complete details of all
fixtures, couplings, and the precise point of attachment shall be indicated.
Section 508.11 amended 10/10
CHAPTER V — BUILDING, LAND USE & REGULATIONS
Section 508.12: AMATEUR RADIO TOWERS. Amateur Radio and Television Towers
and antennas are subject to the standards and conditions established by this ordinance, except for
those specific to commercial towers. The City may waive strict compliance with this ordinance
if it finds that the stated purpose of this ordinance is met.
Section 508.13: PENALTIES. A violation of this ordinance shall constitute a
misdemeanor. Each calendar day of a continued violation of the ordinance shall constitute an
individual misdemeanor or offense.
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