HomeMy WebLinkAbout[08] Residential Rentals Planning Commission Agenda Item 8
ALLideat
CITY OF ST. JOSEPH
MEETING DATE: October 14,2019
AGENDA ITEM: Residential Rentals
SUBMITTED BY: Community Development
STAFF RECOMMENDATION: For Discussion
PREVIOUS PLANNING COMMISSION ACTION: In June 2019,the Planning Commission
discussed rental regulations and recommended more flexibility in allowing rentals in residential districts.
The Planning Commission further recommended the City Council create a Task Force to review rental
standards. The City Council directed the Planning Commission to continue to review rental regulations.
BACKGROUND INFORMATION: The City has regulated residential rentals since the 1980's
requiring a rental license with an annual inspection and has reviewed several times over the years.The
City had a number of college student rentals with varying number of tenants. Large homes had as many
as eight students. Rentals resulted in issues with property and building maintenance, living conditions,
noise, and parking.
In fall 2008,the College of St. Benedict and St. John's University(CSB/SJU)begin requiring students to
live on-campus. Exceptions granting off-campus residency may be permitted after application for
residency exemption is approved i.e. live at home with parents or off campus during their junior or senior
year. According to CSB/SJU, 85%of their students live on campus all four years.
At the direction of the Planning Commission, staff has drafted amendments to the zoning district
ordinances related to residential rentals. Additionally,this is an opportunity to review further ordinance
language for purpose,relevance and clarity.
ATTACHMENTS: Draft Amendments Ordinance 502
REQUESTED PLANNING COMMISSION ACTION: Provide input and direction
ORDINANCE 502 —ZONING ORDINANCE
Section 502.30: R-1 SINGLE FAMILY RESIDENCE DISTRICT
Subd. 1: Intent. It is the intent of this district to provide for the orderly development of
residential areas and to avoid urban sprawl within the City; permit the development of single
family dwellings; to provide reasonable standards for such development; to avoid overcrowding;
and to prohibit the use of land which would be incompatible with or detrimental to the essential
residential character of such districts.
Subd. 2: Permitted Uses.
a) Single family dwellings
b) Parks and playgrounds.
c) Horticulture, not to include the retail sale of products.
d) State licensed residential facility or a housing with services establishment
registered under chapter 144D serving six or fewer persons;licensed day care
facility serving twelve(12) or fewer persons; group family day care facility
licensed under Minnesota Rules,parts 9502.0315 to 9502.0445 to serve fourteen
(14)or fewer children,except that residential facilities whose primary purpose is
to treat juveniles who have violated criminal statutes related to sex offenses or
have been adjudicated delinquent on the basis of conduct in violation of criminal
statutes relating to sex offenses shall not be permitted.
e) _ _. _ . _ _
Subd. 3: Conditional Uses. The following uses shall require a Conditional Use Permit
based on the procedures set forth in this Ordinance:
a) Governmental and public utility buildings and structures necessary for the health,
safety and general welfare of the community.
b) Public or semi-public recreational buildings and community centers.
e) Public libraries.
502.30-1
ORDINANCE 502—ZONING ORDINANCE
f) Public and private schools provided that the location and off-street parking has
been reviewed and approved by the Planning Commission.
g) Institutions of a religious eleemosynary or philanthropic nature.
h) Nurseries and greenhouses.
i) Planned use residential development.
j) Bed and breakfast.
k) Uses which in the judgment of the Planning Commission and City Council are
similar to those listed in this zoning district.
Subd. 4. Permitted Accessory Uses.
a) Parking spaces and carports for passenger cars, trucks, recreational vehicles and
equipment.
b) Structures used for storage of domestic equipment and non-commercial recreational
equipment.
c) Swimming pools, tennis courts, detached screen porch or gazebo,provided that
the maximum lot coverage requirement is not exceeded. All swimming pools
must be fenced around the perimeter. The fence must meet the requirements of
this Ordinance.
d) No accessory building nor structure shall be constructed on any lot prior to the
time of construction of the principal building to which it is accessory.
e) Fences.
f) Home occupations.
g) Accessory building(s) and/or private garage(s), either attached or detached, subject to
the general requirements of Section 502.12.
h) A pet shelter or a structure designed and used exclusively for play by children in which
it shall not be considered an accessory building.
i) Signs as regulated within this Ordinance.
502.30-2
ORDINANCE 502—ZONING ORDINANCE
Ordinance.
2. The rental unit(s)must:
A. Have-a ceiling height of at least seven(7)feet;
the Building Official; and,
C. Meet all-applieable rental codes as outlined in St. Joseph
Ordinance 505 and Ordinance 505.06,Subd. 1.
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Ordinance.
2. The rental unit(s)must:
A. Have a ceiling height of at least seven(7)feet;
B. Contain adequate ventilation and fire escapes as determined by
the Building Official; and,
C. Meet all applicable rental codes as-outlined in St. Joseph
Ordinance 505 x1 Ordinance 505.06,Subd. 1.
502.30-3
ORDINANCE 502—ZONING ORDINANCE
3. Conditions of the Interim Use Permit
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Subd. 6: Lot Area Requirements.
a) Minimum Area: 20,000 square feet where municipal sanitary sewer and water
services are not available.
b) Minimum Area where served by municipal sewer and water: 11,000 square feet.
c) Average width of not less than 75 feet and an average depth of not less than 125
feet.
Subd. 7: Setback Requirements.
a) Front yard setbacks of not less than 30 feet from the property line, unless:
1. 30 percent or more of the frontage on the same side of the street between
two intersecting streets is improved with buildings that have observed a
greater or less depth of front yard in which instance no new building or
portion thereof shall project beyond a straight line drawn between the
point closest to the street line of the residence upon either side of proposed
structure or,
3. Nothing in this regulation shall be interpreted to require a front yard of
more than 50 feet.
b) Side yard setbacks shall be ten (10) feet from the property line, except that where
the side yard abuts a public right of way, the side yard setback shall be thirty(30)
feet from the property line.
c) Rear yard setback shall be thirty(30) feet from the property line, except that
decks,patios, open and screened porches part of the principal structure shall be setback a
502.30-4
ORDINANCE 502 —ZONING ORDINANCE
minimum of twenty (20) feet`from the rear yard property line.
d) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 8: Height Requirements.
a) No building shall exceed shall exceed 35 feet in height. Be
. . . . . • . . _ _. _ .. _ . Elevation for the
building shall be determined by the average grade of the land.
Subd. 9: Site Coverage.
a) No structure or combination of structures shall occupy more than 30% of the lot
area.
b) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces
shall include all structures,parking spaces and driveway connecting the parking
space with a street or alley.
Subd. 10: Yard Cover. Every yard on a premise on which a dwelling stands shall,within
3 months of issuance of a certificate of occupancy, be provided with lawn or combined lawn
cover of vegetation, gardens, hedges, shrubbery, and related decorative materials and such yards
shall be maintained consistent with prevailing community standards. If a certificate of
occupancy is issued between the months of November and April, the 3 month period shall begin
to run on May 1st.
Subd. 11: Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
502.30-5
ORDINANCE 502—ZONING ORDINANCE
Section 502.34: R-2 TWO FAMILY RESIDENCE DISTRICT
Subd. 1: Intent. It is the intent of this district to provide for the orderly development of
residential areas and to avoid urban sprawl within the City;permit the development of single and
two family dwellings; to provide reasonable standards for such development; to avoid
overcrowding; and to prohibit the use of land which would be incompatible with or detrimental
to the essential residential character of such districts.
Subd. 2: Permitted Uses.
a) Any principal use or structure permitted and regulated in the R-l. District, except
as hereinafter modified. - • ., .
b) Two family dwellings, - - , _.. . - • - . . . _ . - = ' •
Subd. 3: Conditional Uses. The following uses shall require a Conditional Use Permit
based on the procedures set forth in this Ordinance.
a) Governmental and public utility buildings and structures necessary for the health,
safety, and general welfare of the community.
b) Public or semi-public recreational buildings and community centers.
c) Licensed day-care centers serving 13 or more persons.
d) Licensed residential group care facilities with seven or more boarders.
e) Nursing Homes and Board and Care Homes,provided that adequate parking is
provided and the site is accessible to commercial service areas.
I) Public libraries.
502.34-1
ORDINANCE 502 -ZONING ORDINANCE
g) Public or private schools, . _
h) Churches.
i) Institutions of a religious, eleemosynary or philanthropic nature.
j) Nurseries and greenhouses.
k) Planned unit residential development.
1) Bed and breakfast.
m) Uses which in the judgment of the Planning Commission and City Council are
similar to those listed in this zoning district.
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e}- • . . ...... ... _ e. .
p) Manufactured Home Parks, in accordance with this Ordinance.
Subd. 4: Permitted Accessory Uses.
a) Private garages,parking spaces and carports for passenger cars, trucks,
recreational vehicles and equipment.
b) Home Occupations.
c) Houses and similar buildings for storage of domestic equipment and non-
commercial recreational equipment.
d) Swimming pools, tennis courts, and detached screen porch or gazebo, provided
that the maximum lot coverage requirement is not exceeded. All swimming pools
must be fenced around the perimeter. The fence must meet the requirements of
this Ordinance.
e) Fences.
fl Accessory building(s) and/or private garage(s), either attached or detached,
subject to the general requirements of this Ordinance.
g) Signs as regulated in this Ordinance.
Subd. 5: Lot Area Requirements.
502.34-2
ORDINANCE 502—ZONING ORDINANCE
a) Minimum area for Two Family Dwelling Unit not served by municipal sewer and
water: 24,000 square feet.
b) Minimum Area for Two Family Dwelling Unit served by municipal sewer and
water: 10,000 square feet.
c) Average width of not less than 75 feet and an average depth of not less than 125
feet.
Subd. 6: Setback Requirements.
a) Front yard setbacks of not less than 30 feet from property line, unless:
1. 30 percent or more of the frontage on the same side of the street between
two intersecting streets is improved with buildings that have observed a
greater or less depth of front yard in which instance no new building or
portion thereof shall project beyond a straight line drawn between the
point closest to the street line of the residence upon either side of proposed
structure; or
3. Nothing in this regulation shall be interpreted to require a front yard of
more than 50 feet.
4. Where the street is curved, the line shall follow the curve of the street
rather than to be a straight line.
b) Side yard setbacks shall be ten (10) feet, except that where the side yard abuts a
public right of way, the side yard setback shall be thirty(30) feet from the
property line.
c) Rear yard setback shall be thirty(30) feet from the property line, except that
decks,patios, open and screened porches part of the principal structure shall be setback a
minimum of twenty(20) feet from the rear property line. • . - - • -• - - ••• = •- --
d) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 7: Height Requirements. No building shall exceed 2 stories or shall it exceed 35
feet in height. Berming the building does not allow a building to be constructed higher than 35
feet. Elevation for the building shall be determined by the average grade of the land.
Subd. 8: Site Coverage.
502.34-3
ORDINANCE 502—ZONING ORDINANCE
a) No structure or combination of structures shall occupy more than 30% of the lot
area.
b) Impervious surfaces shall not exceed 50%of the lot area. Impervious surfaces
shall include all structures, parking spaces and driveway connecting the parking
space with a street or alley.
Subd. 9: Yard Cover. Every yard on a premise on which a dwelling stands shall, within
3 months of issuance of a certificate of occupancy, be provided with lawn or combined lawn
cover of vegetation, gardens, hedges, shrubbery, and related decorative materials and such yards
shall be maintained consistent with prevailing community standards. Motor vehicles may not be
left parked or unattended on or within a yard. Grass shall be maintained so not to exceed a
height of 6 inches.
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.
502.34-4
ORDINANCE 502—ZONING ORDINANCE
Section 502.42: R-4: TOWNHOUSE/PATIO HOME RESIDENTIAL DISTRICT •
Subd. 1: Intent: It is the intent of the R-4 Townhouse/Patio Home District to
accommodate a variety of single-family housing types, including patio homes and single-family
common wall attached housing units such as townhouses or rowhouses at low to moderate
residential densities. The R-4 District is intended for those areas designated as medium and/or
high density residential areas or residential planned unit developments under the Comprehensive
Plan. The R-4 District shall be developed by Planned Unit Development in accordance with the
provisions of this Ordinance except that the provision requiring a minimum of twenty(20) acres
will not apply. For the purpose of this ordinance, the following definitions will apply:
a) Patio home: A single-family attached or detached unit consisting of one level
living area with open space setbacks on two (2) sides and the ability to have a
bonus room above the garage.
b) Bonus Room: A single room in a house that is created from constructing a garage,
which can be used as a multi-purpose area, such as a family room, sewing or
hobby room, game room, theater room, office, or den. A bonus room is not a
separate dwelling unit or accessory apartment and cannot include kitchen
facilities.
c) Dwelling Unit: A residential accommodation including complete kitchen and
bathroom facilities, which is arranged, designed, used or intended for use
exclusively as living quarters for one family.
b) Rowhouse: One of a series of essentially identical single family residential
structures situated side by side and joined by common walls.
c) Townhouse: A single-family dwelling in a row of at least three (3) such units in
which each unit has its own front and rear access to the outside, no unit is located
over another unit, and each unit is separated from any other unit by one or more
common fire resistant walls.
d) Twin Home: Two dwelling units each located upon separate, abutting lots; each
attached side to side but not having a side yard setback from one lot line; each
sharing only one common, unpierced from ground to roof wall; and separated
from any other building or structure by space on all sides.
Subd. 2: Permitted Uses:
a) Patio homes.
502.42-1
ORDINANCE 502 —ZONING ORDINANCE
b) Townhouses
c) Row Houses
d) Twin Home
Subd. 3: Conditional Uses: The following uses shall require a Conditional Use Permit
based on the procedures set forth in this Ordinance.
a) Governmental and public utility buildings and structures necessary for the health,
safety, and general welfare of the community.
b) Public or semi-public recreational buildings and community centers.
c) Licensed day-care centers serving 13 or more persons
d) Licensed residential group care facilities with seven or more boarders.
e) Nursing Homes and Board and Care Homes,provided that adequate parking is
provided and the site is accessible to commercial service areas.
f) Public Libraries
g) Public or private schools,providing, however, that the area and location of any
school and off-street parking heretofore shall be subject to the approval of the
Planning Commission.
h) Churches
i) Institutions of a religious, eleemosynary or philanthropic nature.
j) Nurseries and greenhouses.
k) Planned Unit Residential development
1) Bed and Breakfast
m) Uses which in the judgment of the Planning Commission and City Council are
similar to those listed in this zoning district.
p) Manufactured Home Parks, in accordance with this Ordinance.
Subd. 4: Permitted Accessory Uses.
502.42-2
ORDINANCE 502—ZONING ORDINANCE
a) Private garages,parking spaces and carports for passenger cars, trucks,
recreational vehicles and equipment.
b) Home Occupations per Section 502.16.
c) Houses and similar buildings for storage of domestic equipment and non-
commercial recreational equipment.
d) Swimming Pools, tennis courts, and detached screen porch or gazebo,provided
that the maximum lot coverage requirement is not exceeded. All swimming pools
must be fenced around the perimeter. The fence must meet the requirements of
this Ordinance.
e) Fences
f) Accessory building(s) and/or private garage(s), either attached or detached, shall
be subject to the general requirements of this Ordinance, except that up to fifteen
(15)percent of the total lot area may be used for accessory buildings for
townhouse, group or row house development.
Subd. 5: Lot Area Requirements.
Land Use Minimum Lot Minimum Lot Minimum Lot
Area Width Depth
a) Detached Patio
Home 6,000 60' 100'
b) Townhouse, group
or row houses 12,000 75' 120'
c) Churches, chapels.
temples, synagogues 22,000 100'
d) Public Buildings 40,000 100'
e) Day care facilities
serving 15 or more
persons and
residential facilities 9,000 75' 120'
serving more than 6
persons
f) Schools 22,000 100' 120'
g) The minimum lot area per townhouse, group or row house unit shall be four
thousand square feet(4,000 sq. ft.)
h) The net housing density within the district is six (6)units per acre of net buildable
area of the subdivision. Net buildable area shall be the total area less public street
502.42-3
ORDINANCE 502—ZONING ORDINANCE
right-of-way, wetlands, drainage ways, water bodies and slopes greater than
twelve (12)percent.
Subd. 6: Setback Requirements.
Land Use Front Yard Interior Side Street Side Rear
setback Yard setback Yard setback Yard
setback
a) Patio Home* 30' 10' 20' 20'
b) Townhouse, group
or row houses 30' 10' 25' 20'
c) Churches, chapels,
temples, synagogues 30' 20' 30' 35'
d) Day care facilities
serving 15 or more
persons and 30' 10' 25' 35'
residential facilities
serving more than 6
persons
e) All other uses 50' 50' 50' 50'
f) Accessory Uses Same as Same as Same as
principal principal principal 10'
*Attached patio homes would be relieved from the setback requirements where
attachments occur at the lot line.
Subd. 7: Building Requirements.
a) Building Height shall not exceed two (2) stories or 35 feet as measured from the
average grade.
b) No more than 8 dwelling units shall be constructed within one structure.
c) Each dwelling unit shall have two or more individual, separate entrances.
d) All dwelling units shall have a minimum roof pitch of 4:12 as defined by the
building code.
e) All dwelling units shall have a frost free foundation as defined by the building
code, or an engineered concrete slab with concrete above-grade exterior
foundations walls.
f) The exterior of townhouse and rowhouse dwelling units shall include a variation
in building materials, which are to be distributed throughout the building facades
and coordinated into the architectural design of the structure to create an
502.42-4
ORDINANCE 502—ZONING ORDINANCE
architecturally balanced appearance. The preferred-permitted materials are:
brick, stucco, stone, steel/vinyl/aluminum lap siding.and fiber-cement siding. In
addition, a minimum of 25 percent of the combined area of all building facades of
a structure shall have an exterior finish of brick, stucco and/or natural or artificial
stone. For the purpose of this section, the area of the building façade shall not
include the area devoted to windows, entrance doors, garage doors or roof areas.
g) Buildings shall be designed to prevent the appearance of straight,unbroken lines
in their horizontal and vertical surface. There shall be no more than two
contiguous townhouse dwelling units without a break in the horizontal and/or
vertical elevations of at least thirty-two (32) inches.
h) Where more than one(1)principal use building is to be located upon the same
site, the separation between buildings shall not be less than forty(40) feet.
... . - . . .' ., • . ., .. .. _ 'w .. . .• . . .
j) All dwelling units shall have a minimum floor area of 676 square feet.
k) Provisions for shelter in the event of severe weather for each dwelling unit shall
be demonstrated either in the form of the construction of a free-standing severe
weather structure, a reinforced concrete safe room within each dwelling unit
and/or basement/crawl space sufficient to house four(4) adults per dwelling unit.
1. The entrance to a development shall be one that abuts a collector or
arterial road.
Subd. 8: Parking Provisions. All driveways and parking areas shall be hard surfaced and
each dwelling unit shall be provided with a minimum of two parking spaces one of which shall
be in an attached garage.
Subd. 9: Site Coverage. On lots developed for townhouse or rowhouse or attached patio
home units, no structure or combination of structures shall occupy more than 50% of the lot area.
On lots developed for detached patio home units, no structure or combination of structures shall
occupy more than 35% of the lot area.
Subd. 10: Signs as regulated within this Ordinance.
Subd. 11: Yard Cover. Every yard on a premise on which a dwelling stands shall, within
3 months of issuance of the certificate of occupancy,be provided with lawn or combined lawn
cover of vegetation, gardens, hedges, shrubbery, and related decorative materials and such yards
shall be maintained consistent with prevailing community standards. Motor vehicles may not be
left parked or unattended on or within a yard. Grass shall be maintained so as not to exceed a
height of 6 inches.
502.42-5
ORDINANCE 502—ZONING ORDINANCE
Subd. 12: 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.
Subd. 13: Common Areas. All common areas within an R-4 development, including but
not limited to, open space, wetlands, greenways, drainage ponds, driveway,parking areas,play
areas, etc., shall be owned and maintained by a condominium, association, cooperative or other
common interest community created pursuant to Minnesota Statute, Chapter 515B and approved
by the City Attorney. The agreement shall provide for all exterior building maintenance,
approval of any exterior architectural modifications, landscaping, snow clearing and regular
maintenance of private driveways and other areas owned in common.
l
502.42-6
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
ffl 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
1. 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.
e) Auto, service and repair shops.
f) 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.
g) Hotels, Motels, Lodge.
h) Commercial Planned Unit Developments.
i) Other uses determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Subd. 4: Permitted Accessory Uses. 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.
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
502.50-3
ORDINANCE 502 —ZONING ORDINANCE
the building front is located on Minnesota Street from College Avenue to Second
Street Northwest, no side yard setback is required.
c) Rear yard setback shall be five (5) feet from the lot line, except:
1. Where a lot abuts an alley, the rear yard setback shall be ten (10) feet;
2. Where a lot abuts a residential district, the rear yard setback shall be
twenty(20) feet.
Subd. 6: 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;
I) 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.
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
502.50-4
ORDINANCE 502—ZONING ORDINANCE
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.
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Gemmissieffi
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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.
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.
ow:
502.50-5
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.
c) Personal Services.
1. Multiple Retail
2. Drug stores
3. Hardware stores
4. Book stores
5. Discount(`Big Box')retail stores
502.54-1
•
ORDINANCE 502—ZONING ORDINANCE
6. Retail apparel stores
7. Flower shops
8. Beauty shops and salons
9. Photography shops and studios
10. Funeral homes
d) Medical Services.
1. Medical clinics
2. Dental clinics
3. Veterinary clinics
4. Other institutions providing health care.
e) Movie and Performing Arts Theaters.
f) Other use determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the Highway 75 Business District and subject to all the requirements in this
Section:
a) Commercial or business building for a use accessory to the principal use, not to
exceed 30%percent of the size of principal structure.
b) Signs as regulated in this Ordinance.
c) Temporary buildings for construction purposes for a period not to exceed
construction.
d) Off-street loading and parking areas, subject to applicable section(s) of this
Ordinance.
e) Fences, landscaping.
Subd. 4: Conditional Uses. The following uses shall require a Conditional Use Permit of
as provided for in this Ordinance:
a) Animal/Pet Boarding, Training, Grooming and Spa provided that the following is
met:
502.54-2
ORDINANCE 502—ZONING ORDINANCE
1. 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
7 am and 9 pm.
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:
1. Motor fuel facilities are installed in accordance with state and city
standards.
2. Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are
to be positioned to allow adequate access by motor fuel transports and
unloading operations minimize conflict with circulation, access and other
activities on the site.
3. Wherever fuel pumps are to be installed,pump islands shall be installed.
4. A protective canopy located over the pump island(s) may be an accessory
structure on the property; however, adequate visibility both on and off
site shall be maintained.
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:
1. The sale of food items is in compliance with state and county standards
and subject to the approval of a Health Inspector who shall provide
specific written sanitary requirements for each proposed sale location.
2. The approximate area and location devoted to non-automotive
merchandise sales shall be specified in general terms in the application.
3. Motor fuel facilities are installed in accordance with state standards.
Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are to
be positioned to allow adequate access by motor fuel transports and
unloading operations minimize conflict with circulation, access and other
activities on the site.
4. Wherever fuel pumps are to be installed,pump islands shall be installed.
5. A protective canopy located over the pump island(s)may be an accessory
structure on the property however adequate visibility both on and off site
shall be maintained.
6. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
q) Postal Stations
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.
1. A site plan shall be provided illustrating that the location of the
temporary/seasonal market meets all required parking lot setbacks and all
other setbacks. The site plan shall be a scaled and dimensioned site plan
showing the layout of the entire market area including parking spaces for
the use, traffic patterns and stall areas.
2. Any temporary structure placed on the property for such sales must be
removed at the end of the selling season or sale. The size of a temporary
building shall not exceed 120 square feet per vendor.
3. The Interim Use Permit shall be obtained through the interim use
procedures set forth in this Ordinance.
b) Rental Units.
1. Residential units in areas that have been rezoned to commercial from
residential may be eligible for an Interim Use Permit as a rental unit for a
specific period of time. The maximum density for rental units under the
Interim Use Permit shall be limited to the density which is allowed in the
R-1 Single Family Residential District.
2. The Interim Use as a rental shall be obtained through the interim use
procedures set forth in this Ordinance.
502.54-6
ORDINANCE 502 —ZONING ORDINANCE
termination
f the ti t
Subd. 7: Setback Requirements.
a) Lot Size. Minimum lot size is 10,000 square feet with a minimum width of 100
feet, except lots platted prior to 1950.
b) Property adjacent to County State Aid Highway 75. Shall have a ten(10) foot
landscaped setback from the highway right-of-way line. Any structure shall have
a twenty(20) foot setback from the highway right-of-way.
c) Front yard. Setback shall be twenty(20) feet from the lot line.
d) Side yard. Setback shall be ten(10) feet from the lot line. If the property's side
yard is adjacent to County State Aid Highway 75, the setback shall conform to
Subd. 7(b) of this Section.
e) Rear yard. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a
residential district.
f) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 8: Height Requirements.
a) Any portion of a structure shall not exceed 3 stories or 40 feet in height. Berming
the building does not allow a building to be constructed higher than 40 feet.
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) Framin T es: Concrete block or maso framin s stems are referred. Tilt u
framin Post and Frame and/or steel construction are allowed as Ion as an
structure has a contiguous masonry frost-free foundation.
• . ••. - • • . . . . _ . • . . • .. • . - _ _ _
d) Building Exteriors.The following are permitted exterior materials:
I. Pre-finished architectural metal panels, with a minimum twenty(20) year
manufacturer color-fast warranty and concealed fasteners,may-be-used-as-a
eeitstrtretiewaiatefiaL
2. Brick or face brick,
3. Decorative architectural orecast concrete maso units. Concrete maso
units shall have indented,hammered, split face finish or other similar architectural
finish and be integrally colored. Light weight concrete block or cinder block
construction isprohibited,
4. Wood
5. Natural or cut stone such as granite,marble, limestone, slate,river rock and
other durable naturally occurring weather stone,
6. Stucco
7. Glass curtain walls provided they are designed as non-load bearing exterior
walls supported in a metal framework,
8. Vinyl or steel lap siding,
9. Any other material approved by the City Council, including but not limited to
hard 'lank or other corn•osite materials found to be of corn'arable or sue erior
durability which mimic the appearance of other approved materials.
10. Portions of the building shall feature divisions in materials, separate
entrances/entrance treatments, variations in rooflines and/or variations in buildin
setbacks. A minimum of thirty(30)percent of all four sides of the exterior,
exclusive of windows and doors, shall be constructed of one of or a combination
502.54-8
ORDINANCE 502—ZONING ORDINANCE
of the following materials: brick, face brick, natural stone or cut stone, or stucco.
— ---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.
S . .. , _• , , _ • -- - - • -• - - ' • -
Amended 9/2018
502.54-9
ORDINANCE 502—ZONING ORDINANCE
Section 502.58: B-3 GENERAL BUSINESS DISTRICT
Subd. 1: Intent. The General Business District provides space for specialized business
and commercial activities at locations where they are easily accessible to residential areas and, at
the same time,minimizing negative impacts to residential neighborhoods. The intent of the B-3
district is to create attractive commercial and business activities through standards including,but
not limited to, larger lot sizes, greenspace and landscaping requirements.
Subd. 2: Permitted Uses. The following uses shall be permitted within the General
Business District:
a) Appliance stores.
b) Apparel shops.
c) Barber and beauty salons.
d) Bicycle sales and repairs.
e) Business/professional offices.
f) Financial institutions, including insurance companies.
g) Florist.
h) Fruit, vegetable and meat stores.
i) Government buildings.
j) Grocery and drug stores.
k) Hardware stores.
1) Interior design services, including floor and wall covering stores.
m) Retail malls.
n) Medical, optical and dental clinics.
o) Office parks.
p) Parks and Open Spaces.
502.58-1
ORDINANCE 502—ZONING ORDINANCE
q) Photograph sales and repair.
r) Record and video stores.
s) Restaurants, coffee shops, excluding drive-in service.
t) Sporting goods stores.
u) Other use determined by the Planning Commission to be of the same character as
contained in this Subdivision.
Subd. 3: Conditional Uses. The following uses shall require a Conditional Use Permit as
provided for in this Ordinance.
a) Transportation terminals,public utility and transfer stations, without storage
yards.
b) Equipment Services.
1. Radio and television shops
2. Appliance repair shops
3. Appliance show rooms
c) Recreational Services.
1. Theaters
2. Bowling establishments
3. Clubs and lodges
d) Hotels/Motels
e) Drive-through and convenience food establishments,provided that an internal site
pedestrian circulation system shall be defined and appropriate provisions made to
protect such areas from encroachments by parked cars or moving vehicles.
0 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.
502.58-2
ORDINANCE 502 —ZONING ORDINANCE
g) Convenience Store with fuel services, provided that:
1. The sale of food items is in compliance with state and county standards
and subject to the approval of a Health Inspector who shall provide
specific written sanitary requirements for each proposed sale location.
2. The approximate area and location devoted to non-automotive
merchandise sales shall be specified in general terms in the application.
3. Motor fuel facilities are installed in accordance with state standards.
4. Adequate space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks are to
be positioned to allow adequate access by motor fuel transports and
unloading operations minimize conflict with circulation, access and other
activities on the site.
5. Wherever fuel pumps are to be installed,pump islands shall be installed.
6. A protective canopy located over the pump island(s)may be an accessory
structure on the property however adequate visibility both on and off site
shall be maintained.
7. An internal site pedestrian circulation system shall be defined and
appropriate provisions made to protect such areas from encroachments by
parked cars or moving vehicles.
h) Uses determined to be of a similar nature as those permitted under Subd. 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. 4: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the General Business District.
a) Commercial or business buildings for a use accessory to the principal use, not to
exceed thirty percent(30%) of the square footage of the principal structure.
b) Temporary buildings for construction purposes for a period not to exceed
construction.
c) Off-street loading and parking areas.
d) Signs which meet the criteria of this Ordinance.
502.58-3
ORDINANCE 502—ZONING ORDINANCE
Subd. 5: Lot Size. Minimum lot size is 10,000 square feet with a minimum width of 100
feet.
Subd. 6: Setbacks.
a) Property adjacent to County State Aid Highway 75. Shall have a ten(10) foot
landscaped setback from the highway right-of-way line. All structures shall have
a twenty(20) foot setback from the highway right-of-way.
b) Front yard. Setback shall be twenty(20) feet from the lot line.
c) Side yard. Setback shall be ten(10)feet from the lot line. If the property's side
yard is adjacent to County State Aid Highway 75, the setback shall conform to
Subd. 6(a) of this Section.
d) Rear yard. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a
residential district.
e) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 7: Height Requirements. No portion of any structure shall exceed 3 stories or 40
feet in height. Berming the building does not allow a building to be constructed higher than 40
feet. Elevation for the building shall be determined by the average grade of the land.
Subd. 8: Site Coverage. No structure or combination of structures shall occupy more
than 60 percent of the lot area.
Subd. 9: Other Requirements.
a) Parking Lots. All parking lots shall conform to the standards set forth in this
Ordinance. All lots shall include parking controls and other landscaping
techniques to improve their aesthetic quality and to direct the flow of traffic.
b) Loading Docks. All loading docks shall conform to the standards set forth in this
Ordinance. No loading docks or overhead doors shall directly face County State
Aid Highway 75.
c) Framing Types: Concrete block or masonry framing systems are preferred. Tilt up
framing, Post and Frame and/or steel construction are allowed as long as any
structure has a contiguous masonry frost-free foundation.
d) Building Exteriors. The following are permitted exterior materials:
1. Brick or face brick,
2. Decorative architectural precast concrete masonry units. Concrete masonry
502.58-4
ORDINANCE 502—ZONING ORDINANCE
units shall have indented, hammered, split face finish or other similar architectural
finish and be integrally colored. Light weight concrete block or cinder block
construction is prohibited,
3. Wood
4. Natural or cut stone such as granite,marble, limestone, slate,river rock and
other durable naturally occurring weather stone,
5. Stucco
6. Glass curtain walls provided they are designed as non-load bearing exterior
walls supported in a metal framework,
7. Vinyl or steel lap siding,
8. Pre-finished architectural metalpanels with concealed fasteners when utilized
for accent and/or architectural components of buildings such as the entry or entry
appendage(not to exceed 15%of the exposed wall area of the building).
9. Any other material approved by the City Council,including but not limited to
hardy plank or other composite materials found to be of comparable or superior
durability which mimic the appearance of other approved materials.
10. Portions of the building shall feature divisions in materials, separate
entrances/entrance treatments, variations in rooflines and/or variations in building
setbacks. A minimum of fifty(50)percent of all four sides of the exterior,
exclusive of windows and doors, shall be constructed of one of or a combination
of the following materials: brick,face brick,natural stone or cut stone,or stucco.
.. _ _- .. _ N-5, . . -, . ... _ - , . . _
502.58-5
ORDINANCE 502—ZONING ORDINANCE
d) Roof Materials. Commercial grade asphalt shingles, wood shingles, standing seam
pre-finished architectural metal, slate, tile or copper. Flat roofs are exempt from
this requirement. The City Council may consider green roof options that reduce
stormwater runoff and improve water quality.
e) Screening. All heating, ventilation and air conditioning equipment, and refuse
storage areas shall be screened and in a suitable location as determined by the
Planning Commission.
fl Lighting. All lighting shall be hooded and no light may directly strike any
streets/highways 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.
r• - . - .• - _ ,.. - •• _ • 1-•-•
502.58-6