HomeMy WebLinkAbout[08] Zoning Ordinance 502 Amendment
Council Agenda Item 8
MEETING DATE: December 16, 2019
AGENDA ITEM: Zoning Ordinance 502 Amendment
SUBMITTED BY: Community Development
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission (5-0)
recommends approval of the zoning ordinance amendment.
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: The Planning Commission initiated studying rental regulations
due to the number of conditional and interim use permit requests for rentals being submitted and since it
had been a number of years since it was last reviewed. This was an opportunity to review ordinances that
may need updating due to changes related to community needs, intent, clarity, and relevance.
This memo attempts to address changes proposed within the zoning ordinance related to definitions,
permitted, conditional, and interim uses, off-street parking, housing and rental requirements, and clean up
and clarification language in an attempt to simplify, and eliminate redundancy.
The following highlights proposed amendments within the zoning ordinance and rental ordinance:
Rules and Definitions
Added definitions for automobile shop, automobile repair – major and minor, convenience store,
drive-through facility, and amended definitions for apartment, multiple family dwelling, family,
parking space, planned unit development, and rooming house.
Off-Street Parking
Amended General Parking Provisions.
Added recreational vehicle and trailer section.
Amended off-street loading section.
R-1, R-2 and R-4 Residential Districts
Removed licensed day care centers serving 13 or more persons and residential group care
facilities with seven or more boarders as a conditional use in the R-1 District.
Removed restrictions on rentals.
Amended rear yard setback to 30 feet for principal structure and 20 fee for decks, patios, open
and screened porches.
B-1 (downtown) District
Removed setbacks in B-1 (downtown) district, except maintained current setback of 20 feet when
abutting a residential district.
Removed motor vehicle service station, and auto repair shops as conditional use in the B-1
District.
502 Ordinance Amendment
Page 1 of 2
Added language related to landscaping and waste handling.
Amended interim use permit section for single family rentals.
B-2, B-3 & EE Districts
Re-formatted permitted uses and building framing and materials section.
Added minor automobile repair as a permitted use.
Relocated gas stations, convenience stores, hotels and motels from conditional to permitted use.
Amended interim use permit section for single family rentals for B-2 District.
Removed requirement for all building permits to be reviewed by Planning Commission in the EE
zone.
Added building materials in the EE District to be consistent with the B-1 District, except for
outbuildings.
The Planning Commission reviewed proposed amendments to the Housing and Rental Ordinance, which
will be presented to the City Council in January. The rental ordinance will govern licensing, standards
(occupancy, life safety, building code, property maintenance, etc.), and enforcement. Additionally, the
Planning Commission will study Airbnb’s in 2020 and findings and recommendations will be presented
to the City Council likely in the spring or summer.
ATTACHMENTS: Request for Council Action
Ordinance 2019-06 Amending Ordinance 502
Ordinance 2019-06 Approving Summary Ordinance
REQUESTED COUNCIL ACTION: Motion 1: Approve Ordinance No. 2019-06 Amending
Ordinance 502.
Motion 2: Approve Ordinance 2019-06 Summary Ordinance (Supermajority Required).
502 Ordinance Amendment
Page 2 of 2
ORDINANCE NO. 2019-06
AN ORDINANCE AMENDING ORDINANCE 502, ZONING ORDINANCE
IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF ST. JOSEPH
MINNEOSTA:
Repealing & Replacing, Ordinance 502
Section 502.04: Rules and Definitions
Section 502.10: Off Street Parking
Section 502.30: R-1 Single Family Residence District
Section 502.34: R-2 Two Family Residence District
Section 502.42: R-4 Townhouse/Patio Home Residential District
Section 502.50 B-1 Central Business District
Section 502.54 B-2 Highway 75 Business District
Section 502.58 B-3 General Business District
Section 502.66 EE - Educational – Ecclesiastical District
to read as follows:
Section 502.04: RULES AND DEFINITIONS
For purposes of this Ordinance words used in the singular number include the plural, and
the plural the singular. The present tense includes the past and future tenses and the future the
present; the word "shall" is mandatory, the word "may" is permissive; all measured distances
shall be to the nearest integral foot; whenever a word or term defined hereinafter appears in the
text of this Ordinance its meaning shall be construed as set forth in such definition thereof.
For the purpose of this Ordinance, certain words and terms are herein defined as follows:
Subd. 1: Accessory Apartment. A separate dwelling unit contained within an existing
single- family structure, to be occupied by another individual(s) as a separate, complete
housekeeping unit with the existence of separate cooking facilities.
Subd. 2: Accessory Building. A subordinate building or structure on the same lot or
attached to the main building, occupied by or devoted exclusively to an accessory use.
Subd. 3: Accessory Use. A use naturally and normally incidental to, subordinate to, and
auxiliary to the principal permitted use of the premises.
Subd. 4: Adult Entertainment Establishment. A commercial operation or establishment
which provides adult sexual entertainment, specifically including but not necessarily limited to
an adult arcade, adult bookstore, adult cabaret, adult motion picture theater, adult theater, or a
sexual encounter establishment as those terms are specifically defined in this Ordinance.
Subd. 5: Alley. A public right-of-way usually twenty feet or less in width which
normally affords a secondary means of vehicular access to abutting property.
Subd. 6: Apartment. A multi-family building containing dwelling units in a stacked
configuration having common walls and floors/ceilings. room or suite of rooms located in one or
two-family structure or a multiple dwelling, which shall include a bath and kitchen
accommodations intended or designed for use as an independent residence by a single family or
individual.
Subd. 7: Apartment Building. A multiple family dwelling originally designed and
constructed to accommodate three or more apartments, designed with more than one dwelling
unit connecting to a common corridor or entrance way, in contrast to single or two-family
dwellings converted for multiple family use or attached row dwelling (party wall type) as defined
herein.
Subd. 8: Assisted Living. A facility that provides daily assistance and long-term
residence for disabled or elderly individuals. This includes a combination of housing, supportive
services, personalized assistance and health care designed to respond to the individual needs of
those who need help with activities of daily living, such as dressing, grooming, bathing, etc.
Automobile Repair Shop. A shop or place of business for repair and maintenance of
automobiles, trucks and other automotive equipment. Salvage and junk shall not be kept, stored
or worked on in an auto repair shop.
Automobile Repair - Major. General repair, rebuilding or reconditioning engines, motor
vehicles or trailers; collision service, including body, frame, or fender straightening or repair;
overall painting or paint job; vehicle steam cleaning for any type of vehicle and any type of
repair of licensed dump trucks, tow trucks, semi tractors or trailers, tank trucks, tractors, buses,
construction vehicles or equipment or earth moving vehicles or equipment.
Automobile Repair – Minor. A business that performs mechanical and electrical repairs
to autos, light trucks, and equipment of 14,000 pounds gross weight and less. Allowed activities
include minor repairs, incidental body and fender work, minor painting and upholstering, tune
ups and adjustments, replacement of parts (excluding body and frame), rebuilding of parts or
components when installation is available, wheel alignment and balancing, tire repair, radiator
repair, washing, cleaning, and polishing, but specifically excluding any operation specified or
implied under the definition of "Automobile Repair - Major."
Subd. 9: Automobile Wrecking or Junkyard. A place maintained for keeping, storing or
piling in commercial quantities, whether temporarily, irregularly, or continually; buying or
selling at retail or wholesale any old, used or second-hand material of any kind, including used
motor vehicles, machinery, and/or parts thereof, cloth, rugs, clothing, paper, rubbish, bottles,
rubber, iron or other metals or articles which from its worn condition render it practically useless
for the purpose for which it was made and which is commonly classed as junk. This shall
include a lot or yard for the keeping of unlicensed motor vehicles or the remains thereof for the
purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. This shall not
prohibit the keeping of one unlicensed motor vehicle within a garage or other structure in
residential districts or two unlicensed motor vehicles not including farm implements within a
farm in the agricultural district.
Subd. 10: Basement/Cellar. A story having part but not more than one-half its height
above the average level of the adjoining finished grade.
Subd. 11: Billboard. A poster panel board, painted bulletin board or other
communication device \[A sign\] which is used to advertise products, goods and /or services
which are not exclusively related to the premises on which the sign is located.
Subd. 12: Bed and Breakfast. An owner or non-owner occupied single family residence
that provides overnight accommodations to a limited number of visitors for a charge, not to
exceed a stay of seven consecutive nights. A Bed and Breakfast in any residential zoning district
must be owner occupied.
Subd. 13: Boarding House or Rooming House. See Lodging House.
Subd. 14: Building. Any structure, either temporary or permanent having a roof, and
used or built for the shelter or enclosure of any person, animal or chattel or property of any kind.
When separated by bearing walls without openings, each portion so separated shall be considered
a separate building.
Subd. 15: Buildable Area. That part of the lot remaining after required yards have been
provided.
Subd. 16: Building Principal. A building or structure in which is conducted the main or
principal use of the lot on which said building or structure is situated.
Subd. 17: Building Height. The vertical distance measured from the average ground
level adjoining the building to the highest point on the roof surface if a flat roof, to the deck line
of mansard roofs, and to the mean height level between eaves and ridge of gable, hip and
gambrel roofs.
Subd. 18: Building Setback Line. The front line of the building or the legally established
line which determines the location of the building with respect to the right-of-way line.
Subd. 19: Bonus Room. A single room in a house that is created due to open space 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.
Subd. 20: Carport. A structure having a roof supported by columns but not otherwise
enclosed and which is permanently attached to a dwelling.
Subd. 21: Church. A building, together with its accessory buildings and uses, where
persons regularly assemble for religious worship and which buildings and uses are maintained
and controlled by a religious body organized to sustain regular public worship.
Subd. 22: Clear-cutting. The removal of an entire stand of vegetation.
Subd. 23: Comprehensive Plan. When referred to in this Code shall mean, The
Comprehensive Plan of the City of St. Joseph.
Subd. 24: Conditional Use Permit. A permit specially and individually issued by the City
Council in accordance with procedures specified in this Code and following review and
recommendation by the Planning Commission, as a flexibility device to enable the City Council
to assign dimensions to a proposed use or conditions surrounding it after consideration of
adjacent uses and their functions and the special problems which the proposed use presents.
Subd. 25: Conditional Use. A use, which because of unique characteristics, cannot be
classified as a permitted use in a particular district. After due consideration, in each case, of the
impact of such upon neighboring land and of the public desirability for the particular use at the
particular locations, a conditional use permit may be granted.
Convenience Store. A retail store that generally carries a reduced inventory of a variety
of items such as dairy products, minor automobile related items, groceries, novelties, magazines,
etc. A convenience store may be combined with vehicle fuel sales where permitted.
Subd. 26: Day Care Home, Group: Any residence or portion of a residence licensed by
the Department of Human Services under chapter 9502 for no more than 14 children at any one
time, and must meet Group R, Division 3 occupancy requirements.
Subd. 27: Day Care Group Facility: A public or private facility, which for gain or
otherwise regularly provides persons with care, training, supervision, habilitation, rehabilitation
or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a
place other than the person’s own home for persons of school age or older.
Subd. 28: Day Care- Home. A residence or portion of a residence licensed by the
Department of Human Services under chapter 9502 for no more than ten children at one time of
which no more than six are under school age, and must meet Group R, Division 3 occupancy
requirements.
Subd. 29: District. A section of the City of St. Joseph for which the regulations
governing the use of buildings and premises, the height of buildings, the size of yards, the
intensity of use are uniform.
Drive-Through Facility. An establishment (principal or accessory use) at which patrons
may purchase products or receive service without having to leave the motor vehicle. A motor
fuel station is not considered to be a Drive-Through Facility.
Subd. 30: Duplex, triplex and quad. A dwelling structure on a single lot having two,
three and four units, respectively, being attached by common walls and each unit equipped with
separate sleeping, cooking, eating, living and sanitation facilities.
Subd. 31: Dwelling. A building or portion thereof, designed exclusively for a residential
occupancy, including one family, two family and multiple family dwellings but not including
hotels, motels and boarding house.
Subd. 32: Dwelling, Attached. A dwelling unit which is joined to another unit or
building at one or more sides by a party wall or walls.
Subd. 33: Dwelling, Detached. A dwelling unit which is entirely surrounded by open
space on the same lot.
Subd. 34: Dwelling – Multiple Family. A building designed with three (3) or more
dwelling units exclusively for occupancy by three (3) or more families living independently of
each other, but sharing hallways, stairs, building entrances and exit and/or other common
elements. A building used or intended to be used as a dwelling by three or more families, where
each dwelling unit is divided by wall extending the full height of the ceiling. Each unit is capable
of individual use and maintenance without trespassing upon adjoining properties, and utilities
and service facilities are independently serviceable.
Subd. 35: Dwelling - Single Family. A dwelling occupied by only one family and so
designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities
for one family only.
Subd. 36: Dwelling - Two Family. A dwelling so designed and arranged to provide
cooking and kitchen accommodations and sanitary facilities for occupancy by two families.
Subd. 37: Dwelling Unit. A residential accommodation including complete kitchen and
bathroom facilities, which is arranged, designed, used or intended for use exclusively as living
quarters for one family.
Subd. 38: Easement. A temporary or permanent grant by a property owner for the use of
a strip or area of land for purposes including but not limited to the constructing and maintaining
of utilities, sanitary sewer, water mains, electric lines, telephone lines, storm sewer or storm
water drainageway, and gas lines.
Subd. 39: Family. An individual or two (2) or more persons each related to the other by
blood, marriage, domestic partnership, adoption, legal guardianship (including foster care), or a
group of not more than three (3) persons not so related maintaining a common household and
using common cooking and kitchen facilities.
a) A family is any number of persons living together in a room or rooms comprised
of a single housekeeping unit and related by blood, marriage, adoption, or any
unrelated person who resides therein as though a member of the family. Any
group of three persons not so related but inhabiting a single house shall, for the
purposes of this Ordinance, be considered to constitute one family.
b) With respect to any property validly licensed as a rental unit pursuant to Section
505.11 of the St. Joseph Code of Ordinances, as of October 15, 1990, the
definition of "family" which existed prior to October 15, 1990, shall continue to
apply. This prior definition had defined "family" as up to five unrelated persons.
The application of this prior definition to existing rental units shall be construed
as a non-conforming use as limited by Section 502.08 of the St. Joseph Code of
Ordinances and shall be transferable. A lapse or revocation of the rental license
for any such property shall be considered as a discontinuance of a non-
conforming use and the property will thereinafter be required to conform to the
definition of "family" as set forth in paragraph (a) above.
Subd. 40: Farm. An area which is used for the growing of the usual farm products, such
as vegetables, fruit, trees, and grain and their storage.
Subd. 41: Farmers Market. An area where primarily agriculture products such as meat,
raw vegetables, fruits, syrups, herbs, flowers, plants, nuts or handcrafted items are sold by local
and regional producers. Non-agriculture products may be sold but the area dedicated to such
products shall not occupy more than twenty-five (25) percent of the total sales area.
Subd. 42: Fence: Any partition, structure, wall or gate (including the use of living
material such as trees or shrubs) erected as a dividing mark, barrier or enclosure.
Subd. 43: Flood. A temporary rise in stream flow or stage that results in inundation of
the area adjacent to the channel.
Subd. 44: Floodplain. The channel or beds proper and areas adjoining a watercourse
which have been or hereafter may be covered by a regional flood. Floodplain areas within the
City shall encompass all areas designated as such on the Federal Emergency Management
Agency’s Special Flood Hazard Boundary Map.
Subd. 45: Floodway. The channel of a watercourse, bed of a wetland or lake, and those
portions of the adjoining floodplains reasonably required to carry and discharge a regional flood.
Subd. 46: Floor Area Ratio. The numerical value obtained through dividing the gross
floor area of a building or buildings by the total area of the lot or parcel of land on which such
building or buildings are located.
Subd. 47: Frontage. All the property on one side of a street between two intersecting
streets (crossing or terminating) measured along the line of the street, or if the street is dead
ended, then all the property abutting on one side between an intersecting street and the dead end
of the street.
Subd. 48: Garage, Private. An accessory building designed or used for the storage of not
more than three power-driven vehicles owned and used by the occupants of the building to which
it is accessory.
Subd. 49: Garage, Public. Any premises, except those described as a private garage,
used for the storage or care of power driven vehicles or where any such vehicles are equipped for
operation, repaired or kept for remuneration, hire or sale.
Subd. 50: Gasoline Service Station. A building or structure designed or used for the
retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor
vehicles, and including the customary space and facilities for the installation of such
commodities on or in such vehicles, but not including special facilities for the painting, major
repair or similar servicing thereof.
Subd. 51: Grade, Street. The elevation of the established street in front of the building
measured at the center of such front. Where no such street grade has been established, the City
Engineer shall establish such street grade or its equivalent for the purpose of this Ordinance.
Subd. 52: Home Occupation. Any occupation or profession engaged in by the occupant
of a residential dwelling unit, which is clearly incidental and secondary to the residential use of
the premises and does not change the character of said premises, in accordance with regulations
specified within this Ordinance.
Subd. 53: Hotel. Any building or portion thereof containing six or more guest rooms
intended or designed to be used, or which are used, rented, hired out to be occupied, or which are
occupied for sleeping purposes by guests for a period of less than 30 continuous days.
Subd. 54: Hydric Soils. Soils that are saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper part.
Subd. 55: Hydrophytic Vegetation. Macrophytic plant life growing in water, soil or on
substrata that is at least periodically deficient in oxygen as a result of excessive water content.
Subd. 56: Impervious Surface. An artificial or natural surface through which water, air
or roots cannot penetrate, including but not limited to buildings, parking spaces, driveways,
sidewalks, patios, decks, porches, pools and sports courts.
Subd. 57: Independent Living Facility. A residential complex containing dwellings where
the occupancy is limited to persons who are fifty-five (55) years of age or older; or, if two (2)
persons occupy a unit, at least one (1) must be fifty-five (55) years or older. Such facilities may
include common areas for meals and socializing, offer minimal convenience services, but
exclude institutional care such as medical or nursing care.
Subd. 58: Institution. A building occupied by a non-profit corporation or a non-profit
establishment for public use.
Subd. 59: Intensive vegetation clearing. The complete removal of trees or shrubs in a
contiguous patch, strip, row or block.
Subd. 60: Interim Use. A use which requires an interim use permit. Interim Use Permits
are granted by the City Council for a specific period of time in accordance with procedures
specified in this Ordinance.
Subd. 61: Kennel. Any place where three or more dogs over six months of age are
boarded, bred and/or offered for sale, except a veterinary clinic. Dog kennels shall be permitted
only in areas specifically zoned for such use.
Subd. 62: Land Disturbing or Development Activities. Any change of the land surface
including removing vegetative cover, excavating filling, grading and the construction of any
structure.
Subd. 63: Lodge. A building operated by a fraternal or veteran organization that is
qualified as tax exempt under the Internal Revenue Code, operated for the use of members and
guests while in the company of a member.
Subd. 64: Lodging House Dormitories, Fraternities and Sorority Houses. A building or
place where lodging is provided (or which is equipped regularly to provide lodging) by
prearrangement for definite periods, for compensation, for three or more individuals, not open to
transient guests, in contradistinction to hotels open to transients. Lodging houses, dormitories,
fraternities, sorority houses, boarding houses and rooming houses shall only be permitted in R-3,
multiple dwelling districts, except within the boundaries of a college campus.
Subd. 65: Lot. A parcel of land occupied or intended for occupancy by a use permitted
in this Ordinance, including one main building together with its accessory buildings, the open
spaces and parking spaces required by this Ordinance, and having its principal frontage upon a
street or upon an officially approved place.
Subd. 66: Lot Area. The square footage contained within a particular parcel of real
property.
Subd. 67: Lot, Buildable. A buildable lot is that square footage required by this zoning
Ordinance for a particular zone.
Subd. 68: Lot, Corner. A lot situated at the intersection of two or more streets., the
interior angle of such intersection not exceeding 135 degrees.
Subd. 69: Lot, Coverage. The part or percentage of the lot occupied by buildings or
structures, including accessory building structures.
Subd. 70: Lot Depth. The mean horizontal distance between the front and rear lot lines.
Subd. 71: Lot, Double Frontage. A lot having a frontage on two non-intersecting streets,
as distinguished from a corner lot.
Subd. 72: Lot Frontage. The front of a lot shall be for purposes of complying with this
Ordinance, that boundary abutting a public right-of-way having the least width.
Subd. 73: Lot Line. A property line of any lot held in single or separate ownership;
except that where any portion of the lot extends into the abutting street or alley, the lot line shall
be deemed to be the street or alley right-of-way.
Subd. 74: Lot of Record. A lot which was part of a subdivision, the map of which has
been recorded in the office of the Stearns County Recorder or a lot described by metes and
bounds, the deed to which has been recorded in the Office of the Stearns County Recorder prior
to the effective date of this Ordinance.
Subd. 75: Lot Width. The horizontal distance between the side lot lines measured at
right angles to the lot and depth at the established front building line.
Subd. 76: Manufacturing. Combining machinery, tools, power and labor to bring
material closer to a final state.
Subd. 77: Manufacturing - Heavy. The manufacture, compounding, processing,
packaging, treatment or assembly of products and materials that may emit objectionable,
hazardous and/or offensive influences; including but not limited to: odors, material/byproduct
discharges, dust, glare, ash, smoke, vibration and noise beyond the lot on which the use is
located.
Subd. 78: Manufacturing – Light. Uses which include the manufacture, compounding,
processing, packaging, treatment or assembly of products and materials provided such use will
not generate objectionable and/or offensive influences; including but not limited to: odors,
material/byproduct discharges, dust, glare, ash, smoke, vibration and noise beyond the lot on
which the use is located.
Subd. 79: Manufactured Home. A structure, transportable in one or more sections,
which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or
more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and
which is built on a permanent foundation when connected to the required utilities, and includes
the plumbing, heating, air conditioning and electrical systems contained therein; except that the
terms includes any structure which meets all the requirements with respect to which the
manufacturer voluntarily files a certification required by the City Administrator/Clerk and
complies with the standards established under this Ordinance and which meets the Manufactured
Home Builders Code as defined in Minnesota Statutes ' 327.32, Subd. 3.
Subd. 80: Manufactured Home Park. Any site, lot, field or tract of land upon which two
or more occupied manufactured homes are located, either free of charge or for compensation,
and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of
the equipment of the manufactured home park.
Subd. 81: Medical and Dental Clinic. A structure intended for providing medical and
dental examinations and service available to the public. This service is provided without
overnight care available.
Subd. 82: Modular Home. A non-manufactured housing unit that is basically fabricated
at a central factory and transported to a building site where final installations are made
permanently affixing the module to the site.
Subd. 83: Motel. See Hotel.
Subd. 84: Motor Vehicle Wrecking, Junkyard, or Recycling Centers. A place
maintained for keeping, storing or piling in commercial quantities, whether temporarily,
irregularly, or continually; buying or selling at retail or wholesale any old, used or second-hand
material of any kind, including used motor vehicles, machinery, and/or parts thereof, cloth, rugs,
clothing, paper, rubbish, bottles, rubber, iron or other metals or articles which from its worn
condition render it practically useless for the purpose for which it was made and which is
commonly classed as junk. This shall include a lot or yard for the keeping of unlicensed motor
vehicles or the remains thereof for the purpose of dismantling, sale of parts, sale as scrap, storage
or abandonment. This shall not prohibit the keeping of one unlicensed motor vehicle within a
garage or other structure in residential districts or two unlicensed motor vehicles not including
farm implements within a farm in the agricultural.
Subd. 85: Non-Conforming Lot. A lot which does not comply with the minimum lot
area or frontage requirements of the district in which it is located.
Subd. 86: Non-Conforming Use of Land. Any use of a lot which does not conform to
the applicable use regulations of the district in which it is located.
Subd. 87: Non-Conforming Use of Structure. A use of a structure which does not
conform to the applicable use regulations of the district in which it is located.
Subd. 88: Nursing Home. A licensed home to provide care for the aged or infirmed
persons requiring or receiving nursing care, which includes care or treatment requiring technical
knowledge. The term nursing home also includes convalescent home.
Subd. 89: Office Building. A building designed or used primarily for office purposes, no
part of which is used for manufacturing or for dwelling.
Subd. 90: Ordinary High Water Level. The elevation of the boundary of public waters,
watercourses and wetlands delineating the highest water level which has been maintained for a
sufficient period of time to leave evidence upon the landscape, commonly that point where the
natural vegetation changes from predominantly aquatic to predominately terrestrial. For
watercourses, the ordinary high water level is the elevation of the top of the bank of the channel.
Subd. 91: Parking Lot. Three or more parking spaces, along with the driveway
connecting the parking spaces to the street or alley and permitting satisfactory ingress and egress
of an automobile and the driving lane between or servicing the parking spaces.
Subd. 92: Parking Space. An area enclosed in the main building, in an accessory
building, or unenclosed sufficient in size to store one (1) automobile which has adequate access
to a public street or alley and permitting satisfactory ingress and egress of an automobile. A
durably surfaced area enclosed in the main building, in an accessory building or unenclosed,
comprising an area of not less than 171 square feet, exclusive of a durably surfaced drive-way
connecting the parking space with a street or alley and permitting satisfactory ingress and egress
of an automobile.
Subd. 93: Patio Home. A single family attached or detached unit and structure
consisting of a one level living area with the ability to have a bonus room above the garage.
Subd. 94: Permitted Use. A use which may be lawfully established in a particular
district or districts, provided it conforms with all requirements and performance standards (if
any) of such district.
Subd. 95: Person. Any individual, corporation, firm, partnership, association,
organization or other group acting as a unit. It also includes any executor, administrator, trustee,
receiver or other representative appointed by law. Whenever the word "person" is used in any
section prescribing a penalty or fine, it shall include partners, associates, or members of a
corporation, who are responsible for the violation.
Subd. 96: Planned Unit Development. A type of development which may incorporate a
variety of land uses planned and developed as a unit. The planned unit development is
distinguished from the traditional subdivision process of development in that zoning standards
such as density, setbacks, height limits, and minimum lot sizes may be altered by negotiation and
agreement between the developer, the municipality, and the Commissioner of Natural Resources
as may be required. A large lot or tract of land developed as a unit rather than as individual
development where in two or more buildings may be located in relationship to each other rather
than to lot lines or zoning district boundaries.
Subd. 97: Principal Use. The main use of land or buildings as distinguished from
subordinate or accessory uses.
Subd. 98: Property Owner. Any person, group of persons, association, corporation, or
any other legal entity having a freehold estate interest, leasehold interest extending for a term, or
having renewal options for a term in excess of one year, a dominant easement interest, or an
option to purchase any of the same, but not including owners of interest held for security
purposes only.
Subd. 99: Public Waters. Any waters as defined in Minnesota Statutes, Section 105.37,
subdivisions 14 and 15.
Subd. 100: Recreational Vehicle. A vehicular or portable structure used for amusement,
vacation or recreational activities, including but not limited to travel trailers, motor homes,
camping trailers, boats, jet skis, ATV’s and snowmobiles.
Subd. 101: Rooming House. A building or structure providing a room or rooms intended
for living and sleeping to persons in the status of tenant. This term shall not include hotels,
motel, or hospitals. Rooming House or similar establishment means any building or portion
thereof containing not more than five guests rooms intended or designed to be used, or which are
used, rented, hired out to be occupied, or which are occupied for sleeping purposes by guests for
a period of less than 30 continuous days
Subd. 102: Screening. The use of plant materials, fences or earthen berms to partially
conceal the separate land use from the surrounding land use.
Subd. 103: Semipublic use. The use of land by a private, nonprofit organization to
provide a public service that is ordinarily open to some person outside the regular constituency
of the organization.
Subd. 104: Setback Line. The mean horizontal distance between the front street,
right-of-way line and the front line of the building or the allowable building line as defined by
the front yard regulations of this Ordinance.
Subd. 105: Shore impact zone. Land located between the ordinary high water level of a
public water and a line parallel to it at a setback of 50 percent of the structure setback.
Subd. 106: Shoreland. Land located within the following distances from public waters:
1,000 feet from the ordinary high water level of a lake, pond or flowage; and 300 feet from a
river or stream, or the landward extent of a floodplain designated by ordinance on a river or
stream whichever is greater. The shoreland limits may be reduced whenever the waters involved
are bounded by topographic divides which extend landward from the waters for lesser distances
and when approved by the Commissioner.
Subd. 107: Sign. A name, identification, description, display, illustration or device
which is affixed to or represented directly or indirectly upon a building, structure or land in view
of the general public and which directs attention to a product, place, activity, person, institution
or business.
Subd. 108: Stable. A building accommodating one or more horses.
Subd. 109: Story. That portion of a building other than a basement/cellar, including
between the surface of any floor and the surface of the floor next above it or if there be no floor
above it, then the space between the floor and a ceiling next above it.
Subd. 110: Story - Half. A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three feet above the top floor level and in which
space not more than 60% of the floor area is finished off for use. A half-story may be used for
occupancy only in conjunction with and by occupancy of the floor immediately below.
Subd. 111: Street. All property dedicated or intended for public street, highway, freeway
or road-way purposes and subject to public easements therefore.
Subd. 112: Street – Frontage. The proximity of a parcel of land to one or more streets.
An interior lot has one street frontage and a corner lot has two street frontages. For purposes of
addressing a building, the front shall be the street side in which the structure’s front door faces.
For setback regulations, both streets shall be considered frontages.
Subd. 113: Structure. Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a permanent location on the
ground, including but without limiting the generality of the foregoing advertising signs,
billboards, backstops for tennis courts and pergolas.
Subd. 114: Structural Alterations. Any change in the supporting members of a building
such as bearing walls or partitions, columns, beams or girders or any substantial change in the
roof or exterior walls.
Subd. 115: Townhouse and Condominium. Single family attached units and structures
housing three or more dwelling units contiguous to each other only by the share of one common
wall between each unit.
Subd. 116: Use. The purpose for which land or buildings thereon are designed, arranged
or intended to be occupied or used, or for which they are occupied or maintained.
Subd. 117: Use – Accessory. The use incidental or accessory to the principal use of the
lot or a building located on the same lot with a building but detached therefrom.
Subd. 118: Vacation. The act of relinquishing a recorded dedication or easement as in a
street right-of-way, utility easement, etc.
Subd. 119: Variance. The waiving of specific literal provisions of the zoning ordinance
in instances where their strict enforcement would cause practical difficulties because of
circumstances unique to the individual property under consideration. A change in the allowable
use within a district shall not be considered a variance.
Subd. 120: Waterbody. A body of water (lake, pond) in a depression of land or
expanded part of a river or an enclosed basin that holds water and is surrounded by land.
Subd. 121: Watercourse. A channel or depression through which water flows, such as
rivers, streams or creeks and may flow year around or intermittently.
Subd. 122: Watershed. The area drained by the natural and artificial drainage system,
bounded peripherally by a bridge or stretch of high land dividing drainage areas.
Subd. 123: Wetlands. The City adopts the definition of a Wetlands as contained in
Minn. Stat. ' 103G.005, Subd. 19. Designations of the Stearns County Environmental Services
office of wetlands shall be presumed as accurate when determining the location of wetlands.
Subd. 124: Yard. An open space on the same lot with a building, unoccupied and
unobstructed by any portion of a structure from the ground upward, except as otherwise provided
herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of
a front yard or the depth of a rear yard, the mean and horizontal distance between the lot line and
the main building shall be used.
Subd. 125: Yard, Front. A yard extending across the front of the lot between the side lot
lines and lying between the front line of a lot and the nearest line of the building.
Subd. 126: Yard, Rear. A yard extending across the full width of a lot and lying between
the rear line of a lot and the nearest line of the building.
Subd. 127: Yard, Side. A yard between the side line of the lot and the nearest line of the
building and extending from the front line of a lot to the rear yard.
Subd. 128: Zoning District. An area or areas within the limits of the City for which the
regulations and requirements governing use, lot and bulk of buildings and premises are uniform.
ORDINANCE 502 – ZONING ORDINANCE
Section 502.10: OFF STREET PARKING
Subd. 1: Purpose and Intent. The off-street parking regulations of this Section are
intended to provide accessible, attractive, secure and well-maintained off-street parking and
loading areas with the appropriate number of spaces in proportion to the needs of the proposed
use, increase public safety by reducing congestion of public streets, The intent of this section of
the zoning ordinance is to establish general standards for off-street parking. The regulations
provided herein shall apply equally to all districts except where special provisions provide
otherwise.
Subd. 2: Scope of Parking and Loading Requirements.
a) In all zoning districts, off-street parking facilities for the storage of motor vehicles
for the use of occupants, employees and patrons of the buildings or structures
hereafter erected, altered or extended after the effective date of this Ordinance
shall be provided and maintained as herein prescribed.
Subd. 3: General Parking Provisions.
a) Loading space shall not be construed as supplying off-street parking space.
Minimum parking dimensions shall meet the requirements of this Ordinance.
b) When units or measurements used in determining the number of required parking
spaces result in requirement of a fractional space, that fractional space shall be
rounded up to the next highest whole number.
c) Whenever a use requiring off-street parking is increased in floor area, and such
use is located in a building existing on or before the effective date of this
Ordinance, additional parking space for the additional floor area shall be provided
and maintained in amounts hereafter specified for that use.
d) For the purpose of this section, "Floor Area," in the case of offices, merchandising
or service types of uses, shall mean the gross floor area used or intended to be
used for services to the public as customers, patrons, clients or patients as tenants,
including areas occupied for fixtures and equipment used for display or sale of
merchandise, less ten (10) percent.
e) Off-street parking facilities for dwelling shall be provided and located on the
same lot or parcel of land as the building they are intended to serve.
f) When off-street parking is required, it shall be designated for that purpose and the
individual parking stalls appropriately striped.
ORDINANCE 502 – ZONING ORDINANCE
g) Where a use is not specifically mentioned, off-street parking requirements shall be
the same as for similar use.
h) In the B1, B2 and B3 zoning districts on land which contains existing buildings,
nothing in this section shall be construed to prevent collective provisions of off-
street parking facilities for two (2) or more buildings or uses provided,
collectively, such facilities shall not be less than the sum of the requirements for
the various individual uses computed separately in accordance with this
Ordinance. the table, and Subdivision 4 below, said buildings or uses are within
350 feet of the parking area.
i) To accommodate redevelopment and/or expansion of existing structures or uses
within the B-1 and B-2 zoning districts, the City Council may allow alternative
parking arrangements such as a parking stall lease agreement or the presence of
public parking. Alternately, the Applicant may provide a parking study
completed by a qualified professional demonstrating the proposed use is
adequately served by existing parking.
j) Nothing in this section shall prevent the extension of, or an addition to, a
building or structure into an existing parking area which is required for the
original building or structure when the same amount of space taken by the
extension or addition is provided by an enlargement of the existing parking area.
k) No curb cut access shall be located less than twenty (20) feet from the intersection
of two (2) or more street right-of-ways for residential uses, and thirty (30) feet for
commercial and industrial areas. This distance shall be measured from the
intersection of lot lines.
l) Curb cut openings, driveways, parking lots and parking pads shall be a minimum
of six (6) feet from the side property line, except that on corner lots shall have a
side yard setback of fifteen (15’) feet from the property line on the intersecting
street and in compliance with Subd. 3 k.
m) All properties shall be entitled to at least one (1) curb cut. All driveways are
required to have a curb cut and concrete apron. A permit and inspection is
required for installation of all driveway aprons. Single-family uses shall be
limited to one (1) curb cut access per property measuring no more than 24 feet in
width, along with three foot concrete aprons on each side for a total of 30 feet,
except that single-family corner lots may be allowed a second curb cut on the side
yard of the intersecting street of a neighborhood collector or local residential
street. Such curb cut access shall be prohibited on community collector and
arterials streets.
n) All off-street parking and loading spaces, together with driveways, aisles and
other circulation areas, shall be Driveways in residential areas which abut a hard
surface roadway must be constructed of a hard surface constructed consisting of
concrete, bituminous, or paver stone. designed to drain and dispose of surface
ORDINANCE 502 – ZONING ORDINANCE
water.
o) All parking and loading areas shall provide for proper drainage of surface water to
prevent the drainage of such water onto adjacent properties and walkways.
p) Parking or the storage of any vehicles is not allowed on grassy or landscaped
areas except as specified in this Ordinance for recreational vehicles and trailers.
q) The outside parking of unlicensed and/or inoperable vehicles and trailers shall be
prohibited.
r) Weight Restriction: Off-street parking in residential districts shall be used only
for parking vehicles of under fourteen (14,000) pounds gross weight.
s) Ten percent (10%) of the impervious, interior parking area, excluding
maneuvering areas shall be landscaped islands, rain gardens or other green spaces
for parking lots with over fifty (50) parking spaces in addition to perimeter
landscaping.
t) Maintenance: The owner of any parking or loading area shall maintain the area in
good condition without holes and free of all dust, trash and other debris.
Subd. 4: Required Off-Street Parking. The amount of required off-street parking space
for new uses or buildings, additions thereto and additions to existing buildings as specified
previously, shall be determined in accordance with the following, and the space so required and
shall be irrevocably reserved for such use, except these requirements shall not apply to uses in
existing buildings within the Central Business District of St. Joseph. The amount of required
off-street parking in the Central Business District for existing or new uses and improvements to
existing buildings which do not increase the area used for commercial or residential/rental use
shall be determined by the Planning Commission with approval by the City Council prior to the
issuance of a building permit. The amount of parking space required shall be based on the
anticipated demand for parking and loading space, the length of visits generated by the particular
business, and the availability of other parking spaces in the Central Business District. The
Central Business District shall be located within the boundaries of the official zoning map of the
City of St. Joseph.
a) Single family, two family, and townhome non-rental residential units. Two (2)
spaces per unit.
b) Boarding house, rooming house, bed and breakfast, multiple family dwellings and
rental residential dwellings. One and one-half (1 1/2) spaces for each single-
bedroom dwelling, two and one-half (2 1/2) spaces for each two-bedroom
dwelling, four (4) spaces for each three-bedroom dwelling, and an additional 1.25
spaces for each additional bedroom within the dwelling. Any bedroom larger
than 140 square feet shall be considered as two bedrooms for the purpose of
determining the total number of bedrooms within a dwelling. Fractional numbers
ORDINANCE 502 – ZONING ORDINANCE
c) Multi-Family Dwellings (R-3). Two spaces per living unit.
c) Motels, hotels. One (1) space per each rental unit and one (l) space for each
employee on any shift.
d) Church, theater, auditorium, community center or similar places of assembly. At
least one (1) parking space for each four (4) seats based on the design capacity of
the main assembly hall.
e) Hospitals. Two (2) spaces per each bed.
f) Medical, chiropractic, dental clinics. Six (6) spaces per doctor/dentist.
g) Nursing Home. Long Term Care Facilities, Assisted Living Centers, Rest Homes
and Retirement Homes. One (l) space for each six (6) beds and one (l) for each
employee on the largest shift.
h) Elderly (senior citizen) housing. One (1) space per unit.
i) Fast Food restaurant and convenience food. At least one (l) parking space for
each fifty (50) square feet of gross floor area, plus one (1) space per employee,
plus six (6) off-street stacking spaces per drive-through lane.
j) Office buildings and professional offices, other than medical, chiropractic, or
dental clinics. One (1) space for each two hundred fifty (250) square feet of floor
area.
k) Bowling alley. At least five (5) parking spaces for each lane.
l) Automotive Service Station. At least three (3) parking spaces for each service
stall, plus one (1) space per each attendant of the largest shift.
m) Restaurants and cafes. At least one (1) space for each four (4) seats plus one (1)
space per two (2) employees.
n) Private clubs serving food and/or drinks, bars, taverns, nightclubs. At least one
(1) space for each one hundred (100) square feet of gross floor area, plus one (1)
space per employee on the largest shift.
o) Funeral home and Mortuary establishments. At least twenty (20) parking spaces
for each chapel or parlor, plus one (1) parking space for each funeral vehicle
maintained on the premises.
p) Manufacturing, fabricating or processing of a product or material. Three (3)
spaces per 1,000 square feet of gross floor area, plus one (1) space per 300 square
feet of floor area of office.
ORDINANCE 502 – ZONING ORDINANCE
q) Car wash. (In addition to required stacking space.)
1. Automatic drive through, serviced. Ten (10) spaces per bay for stacking
purposes plus one (l) space for each employee on the maximum shift.
2. Self-service. Three (3) spaces per bay for stacking purposes, plus a
minimum of two (2) additional spaces.
r) Convenience/Gas Store. One (1) space per 250 square feet of net floor area.
s) Retail Business. One (1) space per two hundred and fifty feet (250) of net floor
area.
t) Shopping Center. Five (5) spaces per 1,000 square feet of net floor area.
u) Day Care/Nursery School. One per six (6) children plus one space per employee
on largest shift.
v) Warehousing, Wholesale & Distribution. One (1) space per 1,000 square feet of
gross floor area, plus one (1) space per 300 square feet of gross floor area of
office.
w) Mixed Uses. In the cases of mixed uses, the parking facilities required shall be the
sum of the requirements for the various individual uses, computed separately in
accordance with this Section. Parking facilities for one use shall not be considered
as providing the required parking facilities for any other use except that the
governing body may consider the joint use of a parking area (other than
residential) where it is known that because of a time element, the parking facilities
will not be needed by more than one of the uses thereof at one time.
x) Other Structures or Uses. For any and all uses or structures not specifically
provided for in the foregoing, such parking spaces as the governing body shall
determine to be necessary, considering all the parking generating factors involved.
y) Parking Study. The City Council may approve a “proof-of-parking” plan which
allows for a portion of the required parking, and demonstrates that the minimum
number of required parking spaces can be accommodated on the property and
meet setback requirements. The plan must demonstrate that all other applicable
ordinances can be met if the full amount of required parking were to be
constructed. The area for future parking must be maintained as green space
(sodded with grass or natural plant materials). Any changes to use and/or
building size could invalidate the approval for “Demonstrated Parking”.
Demonstrated parking may reserve the right to require installation of the
additional parking spaces.
Subd. 5: Parking Lot Standards. In all districts where off-street parking lots are
ORDINANCE 502 – ZONING ORDINANCE
permitted or required such off-street parking shall be constructed and maintained
subject to the following regulations:
a) These standards shall not be applicable to parking provided for single family or
two family residences, public parks or other publicly owned property. Parking lot
standards for industrial uses may be subject to variance or modification by the
conditional use permit for the specific industrial use. In considering a request for
variance or modification, the City shall consider the location of the property, size
of the parking area, use of the parking area, adjacent property uses and the impact
on the general well being of the community. Alternative surfaces which may be
permitted in an industrial area are limited to Class 2 crushed granite which
conforms to the requirements of MN/DOT specification 3138 with visual
evidence of further consolidation.
b) Parking lots existing on or before January 1, l996, do not have to be brought into
compliance with these standards until such time as any of the following events
occur. (a) a new structure is constructed on the property served by the parking
lot; (b) an addition is constructed to any existing structure located on the property
served by the parking lot; (c) A change in use of the property served by the
parking lot occurs which results in a remodeling of the structure requiring the
issuance of a building permit.
c) Adequate ingress and egress shall be provided.
d) Such parking lots shall be constructed and maintained in a useable condition, with
a hard surface consisting of concrete, bituminous, pavement or paver stone
designed to drain and dispose of surface water.
e) Whenever such parking lot boundary adjoins property zoned for residential use, a
setback of fifteen (15) feet from said lot line shall be required, and maintained.
f) Necessary curbs or other protection against damages to adjoining properties,
streets and sidewalks shall be provided and maintained. Concrete curbs to
MnDOT Design B612 specifications shall be used for all automobile stops
and for all drive and parking areas.
g) For the purpose of promoting redevelopment of property, parcels within the
Central Business District may be exempted from perimeter curbing requirements
provided:
1. The City Engineer finds the area is reasonably serviced by area storm water
structures/facilities.
2. The development application illustrates that:
i. Reasonable visual separation from adjoining properties, streets, and
sidewalks is provided and maintained through the employment of alternate
treatments such as landscaping or striping; or,
ii. The site is subject to a unified design/development that contains joint
ORDINANCE 502 – ZONING ORDINANCE
parking or public parking facilities.
h) No sign shall be so located as to restrict the sight, orderly operation and traffic
movement within any parking area. Only signs necessary for the orderly
operation of traffic movement or parking regulation shall be permitted in any
parking area (e.g. visitor parking, deliveries, handicap parking). Such signs shall
not be considered part of the permitted advertising space and shall be subject to
signage regulations.
i) All parking lots shall be screened and landscaped from abutting residential uses or
districts by a wall, fence or densely-planted compact hedge or tree cover not less
than four (4) feet.
j) Except in the case of single-family, two-family, and townhouse developments,
parking areas shall be designed so that circulation between parking aisles or
driveways occurs within the designated parking lot and does not depend upon a
public street or alley and such design does not require backing onto the public
street.
k) A parking space shall be at least nine feet wide by twenty feet long (9’x 20’). In
areas where the parking space may accommodate for the overhang of the front or
rear bumper, such as the perimeter of the parking lot, the parking space may be a
minimum of nine feet by 18 feet (9’x 18’).
l) Parking Lot. Parking lot dimensions are set forth in the table below. Circulation
patterns shall allow adequate room for emergency vehicles.
Angle and Standard Depth Depth to Aisle Wall/wall Interlock
traffic flow stall width to wall interlock width module Module
90 deg 2-way 9' 17.5' 17.5' 26' 61' 61.0
60 deg 2-way 9' 18.0' 16.5' 26' 62' 59.0
75 deg 1-way 9' 18.5' 17.5' 22' 59' 57.0
60 deg 1-way 9' 18.0' 16.5' 18' 54' 51.0
l) Drainage and Surfacing. Driveways shall not exceed a grade of six (6) percent
and all parking lots except those for less than four (4) vehicles shall be graded
according to a drainage plan which has been approved by the City Engineer.
Catch basins, sumps and underground storm sewers may be required.
m) Striping. All lots for five (5) or more vehicles shall have the organization of
spaces painted on the surface according to the plan approved by the City.
n) Circulation. Lots shall be so designed that internal circulation shall be available
without utilizing the public street.
ORDINANCE 502 – ZONING ORDINANCE
o) Maintenance. It shall be the responsibility of the lessee and/or owner of the
principal use, uses or building to maintain in a neat and adequate manner, the
parking area, striping, landscaping and screening.
p) Lighting. All lighting used to illuminate an off-street parking area shall be shaded
or diffused so as to reflect the light away from the adjoining property and away
from abutting traffic flow.
Subd. 6: Parking in the E/E Educational and Ecclesiastical District.
a) Parking intended to be used by students, guests, employees, the public, residents,
and visitors within the E/E District shall be illustrated on a Master Parking Plan
which is consistent with this Ordinance.
b) The number of parking stalls required may be reduced from the requirements of
this Ordinance provided a parking study by a qualified individual finds proposed
parking in adequate.
c) Areas suitable to accommodate emergency vehicles and accepted by the Fire
Marshal shall be required for each structure.
Subd. 7: Parking pads for Residential Units in All Zoning Districts
a) Parking pads shall be easily accessible from an improved driveway. The driveway
approach to the additional off street parking pad and the parking pad shall be
concrete, asphalt, stone, or pavers. Gravel is not permitted for parking pads. Any
off-street parking facilities to residential uses shall feature improved surfaces as
defined in this Ordinance and shall be made part of or adjacent to the existing
driveway and/or located in the side yard. For the purposes of this section a
driveway shall be defined as a private way for vehicles leading from a public
right-of-way to an off-street parking facility.
b) Parking pads shall not encroach onto drainage and utility easements.
b) Off –street parking facilities located in the side yard as defined in this code shall
be improved to provide a durable and dust-free surface consisting of concrete,
asphalt, pavers or similar materials. Class 5 material is not an accepted material.
Off-street parking shall not be permitted in easement areas.
c) Existing driveways not currently improved to a durable and dust free surface are
not required to be upgraded unless it is determined that the current driveway
surface materials are washing into the public street causing a nuisance or a
building permit application is submitted for an improvement to the property. Any
expansion to an existing gravel driveway shall be improved to a hard surface
roadway and must be constructed of a hard surface consisting of concrete,
bituminous, or pavers which could be designed to drain and to dispose of surface
water.
ORDINANCE 502 – ZONING ORDINANCE
dc) In no circumstances shall the site coverage exceed the maximum impervious
surface allowed for each specific zoning district. For R1, Single Family Zoning
Districts, the impervious surface shall not exceed the limits identified in section
502.30 subd. 9(b) of this code.
d) No person shall construct a parking pad without first making application for and
securing a parking pad permit from the City and said permit shall expire (180)
days after the day of issuance. All fees paid under a lapsed permit shall be
forfeited to the City.
Subd. 8: Recreational Vehicles and Trailers:
a) Up to two licensed and operable recreational vehicles or trailers may be parked
outside on a lot in a residential district as an accessory use provided the following
conditions are met:
1.The recreational vehicle or trailer is parked on the driveway or parking pad,
except that up to one recreational vehicle or trailer may be parked on the grass or
ground surface in the rear yard provided it is at least ten (10) feet from the rear
and side (interior) property lines and twenty (20) feet from the side (corner)
property line. A boat, snowmobiles, ATV’s, jet skis, and similar vehicles on a
trailer shall be considered one recreational vehicle.
2.The recreation vehicle or trailer must be parked a minimum of ten (10) feet
from the back of the curb or roadway.
3.The recreational vehicles or trailer is not permanently affixed to the ground in a
manner that would prevent its removal.
4.The recreational vehicle or trailer is not partially dismantled or used for sale or
parts.
5.The recreational vehicle or trailer is registered to the property owner or
occupant on which the recreational vehicle or trailer is stored.
6.The trailer is a noncommercial utility trailer.
7.Recreational vehicles and trailers shall not be utilized for storage of goods,
materials or equipment other than those items considered to be part of the unit or
essential for its immediate use.
8.Recreational vehicles and trailers shall not be used as a living quarter while
stored/parked on a residential property.
Subd. 9: Off-Street Loading. On the same premises with every building devoted to retail
trade, retail and wholesale food markets, warehouses, supply houses, wholesale or manufacturing
trades, laundry, dry-cleaning establishments or other buildings which do not rely primarily on
railroad transfer and where large amounts of goods are received or shipped, erected in any
ORDINANCE 502 – ZONING ORDINANCE
district after the effective date of this Ordinance, loading and unloading space shall be provided
as follows:
a) B-2 and B-3 Business Districts: In B-2 and B-3 business districts two (2) off-
street loading and unloading spaces may be provided for each store unit having a
gross area of ten thousand (10,000) square feet. One additional space shall be
provided for each additional fifteen thousand (15,000) square feet of floor space.
b) Industrial Districts: In industrial districts, the use of any building requiring
loading or unloading of materials to and from trucks may require two (2) off-
street loading spaces for the first ten thousand (10,000) square feet of floor space
for each additional fifteen thousand (15,000) square feet of floor space.
c) Distance from Residential Uses and Districts: No required off-street loading space shall
be less than one hundred feet (100’) from any residential use or district boundary
line.
d) Screening: All loading areas shall be screened with screening walls and
landscaped from abutting and surrounding residential uses and districts. The
screening walls must be constructed of permanent material and finish and in a
color compatible with the principle structure.
Subd. 8: Required Loading Berths. In connection with any structure which is to be
erected or substantially altered and which requires the receipt or distribution of materials or
merchandise by trucks or similar vehicles, with a gross floor area of five thousand (5,000) square
feet or more, there shall be off-street loading provided on the basis of the following:
Gross Floor Area Minimum required
square feet loading berths
5,000 to 16,000 1
16,000 to 40,000 2
40,000 to 70,000 3
70,000 to 100,000 4
each additional 40,000 1 additional
Loading space required under this Section shall be at least fifty (50) feet long and ten (10) feet
wide.
Amended 10/2018
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 - non-rental occupancy.
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 those 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. Licensed residential group
care facility with 1,300 feet between it and a similar facility and not to exceed six
boarders.
e) Licensed day-care facility serving 12 persons or less.
Subd. 3: Conditional Uses. The following uses shall require a Conditional Use Permit
based on the procedures set forth in this Ordinance:
a) Governmental and public utility buildings and structures necessary for the health,
safety and general welfare of the community.
b) Public or semi-public recreational buildings and community centers.
c) Licensed day-care centers serving 13 or more persons.
d) Licensed residential group care facilities with seven or more boarders.
e) Public libraries.
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) Religious Institutions, including churches, synagogues, chapels and temples
including those related structures located on the same site which are an integral
part of the church proper, convents or homes for persons related to a religious
function on the same site. 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.
Subd. 5: Interim Uses. The following are Interim Uses allowed by permit based upon the
ORDINANCE 502 – ZONING ORDINANCE
procedures and criteria set forth in this Ordinance.
a) Residential rental provided the unit is owner-occupied and provided the room(s)
rented does not contain separate kitchen facilities and is not intended for use as an
independent residence. For purposes of establishing if the property is owner
occupied, the owner must be a natural person, and all owners occupy the property
as their principal residence. The owners may not exceed two in number. For
purpose of determining ownership, the owner/owners must provide a copy of a
recorded deed or recorded contract for deed. A purchase agreement will not be
accepted as evidence of ownership. In addition,
1. The property must satisfy the parking requirements contained in this
Ordinance.
2. The rental unit(s) must:
A. Have a ceiling height of at least seven (7) feet;
B. Contain adequate ventilation and fire escapes as determined by
the Building Official; and,
C. Meet all applicable rental codes as outlined in St. Joseph
Ordinance 505 and Ordinance 505.06, Subd. 1.
b) Residential Rental provided the property owner is relocating and the dwelling has
been actively for sale on the market for at least three months. For purposes of
establishing if the property is owner occupied, the owner must be a natural
person, and all owner (s) occupy the property as their principal residence and have
for at least two years. The owners may not exceed two in number. For purpose
of determining ownership, the owner/owners must provide a copy of a recorded
deed or recorded contract for deed. A purchase agreement will not be accepted as
evidence of ownership.
For the purpose of determining applicability, the property owner must provide a
copy of the current listing agreement, with a licensed realtor, showing the
property, is currently being marketed. In addition,
1. The property must satisfy the parking requirements contained in this
Ordinance.
2. The rental unit(s) must:
A. Have a ceiling height of at least seven (7) feet;
B. Contain adequate ventilation and fire escapes as determined by
the Building Official; and,
ORDINANCE 502 – ZONING ORDINANCE
C. Meet all applicable rental codes as outlined in St. Joseph
Ordinance 505 and Ordinance 505.06, Subd. 1.
3. Conditions of the Interim Use Permit
A. If granted, the Interim Use Permit shall have a term of one year,
which can be renewed for one additional one year. The property
owner must make application for renewal and complete the rental
license process as well.
B. Under no circumstances shall the Interim Use Permit extend
beyond two years and a renewed Interim Use Permit will expire
and the end of the two year period.
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,
2. If there are residences upon only one side, then beyond the straight line
projected from the front of the nearest residences.
3. Nothing in this regulation shall be interpreted to require a front yard of
more than 50 feet.
4. Where the street is curved, the line shall follow the curve of the street
rather than to be a straight line.
b) Side yard setbacks shall be ten (10) feet from the property line, except that where
the side yard abuts a public right of way, the side yard setback shall be thirty (30)
feet from the property line.
ORDINANCE 502 – ZONING ORDINANCE
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 yard property line. have a depth of not less
than 20 percent of the depth of the lot.
d) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 8: Height Requirements.
a) No building shall exceed shall exceed 35 feet in height. Berming the building
does not allow a building to be constructed higher than 35 feet. Elevation for the
building shall be determined by the average grade of the land.
Subd. 9: Site 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.
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-1 District, except
as hereinafter modified. Single family dwellings, owner occupied as defined in this Ordinance.
b) Two family dwellings, owner occupied. For the purpose of determining if the
property is owner occupied, the owner must be a natural person, and all the
owners must occupy the property as their principal residence.
c) Parks and playgrounds.
d) Horticulture, not to include the retail sale of products.
e) Licensed residential group care facility with 1,300 feet between it and a similar
facility and not to exceed six (6) boarders.
f) Licensed day-care facility serving 12 persons or less.
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.
ORDINANCE 502 – ZONING ORDINANCE
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) Religious Institutions, including Cchurches, synagogues, chapels and temples,
including those related structures located on the same site which are an integral
part of the church proper, convents or homes for persons related to a religious
function on the same site.
i) Institutions of a religious, eleemosynary or philanthropic nature.
ji) Nurseries and greenhouses.
k) Planned unit residential development.
lj) Bed and breakfast.
mk) Uses which in the judgment of the Planning Commission and City Council are
similar to those listed in this zoning district.
n) Non-owner occupied rental to a Family as defined by this Ordinance.
o)Manufactured homes as defined by this Ordinance.
pl) 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.
f) Accessory building(s) and/or private garage(s), either attached or detached,
subject to the general requirements of this Ordinance.
ORDINANCE 502 – ZONING ORDINANCE
g) Signs as regulated in this Ordinance.
Subd. 5: Lot Area Requirements.
a) Minimum area for Two Family Dwelling Unit not served by municipal sewer and
water: 24,000 square feet.
b) Minimum Area for Two Family Dwelling Unit served by municipal sewer and
water: 10,000 square feet.
c) Average width of not less than 75 feet and an average depth of not less than 125
feet.
Subd. 6: Setback 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
2. If there are residences upon only one side, then beyond the straight line
projected from the front of the nearest residences.
3. Nothing in this regulation shall be interpreted to require a front yard of
more than 50 feet.
4. Where the street is curved, the line shall follow the curve of the street
rather than to be a straight line.
b) Side yard setbacks shall be ten (10) feet, 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. have a depth of not less than 20 percent
of the depth of the lot.
d) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
ORDINANCE 502 – ZONING ORDINANCE
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.
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.
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.
ORDINANCE 502 – ZONING ORDINANCE
b) Townhouses of not more than two stories each.
c) Row Houses of not more than two stories each.
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) Religious Institutions, including Cchurches, synagogues, chapels and temples,
including those related structures located on the same site which are an integral
part of church proper, convents or homes for persons related to a religious
function on the same site.
i) Institutions of a religious, eleemosynary or philanthropic nature.
ji) Nurseries and greenhouses.
k) Planned Unit Residential development
lj) Bed and Breakfast
mk) Uses which in the judgment of the Planning Commission and City Council are
similar to those listed in this zoning district.
n) Non-owner occupied rental provided the housing is elderly housing.
o)Manufactured homes as defined by this Ordinance.
ORDINANCE 502 – ZONING ORDINANCE
pl) 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 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.)
ORDINANCE 502 – ZONING ORDINANCE
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
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
10’
principal principal principal
*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.
ORDINANCE 502 – ZONING ORDINANCE
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
architecturally balanced appearance. The preferred permitted materials are: brick,
stucco, stone, steel/vinyl/aluminum, wood, 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.
i) Provision shall be made for possible decks, porches or additions as part of the
initial dwelling unit building plans. The site plan for each dwelling unit shall be
configured and sized to include decks, patios or porches.
ji) All dwelling units shall have a minimum floor area of 676 square feet.
kj) 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
ORDINANCE 502 – ZONING ORDINANCE
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.
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.
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.
l) Delicatessen, fruit, vegetable and meat stores.
m) Farmers market. Notification and the submittal of a plan to the Planning
Commission is required.
mn) Financial institutions, including insurance companies.
no) Florist.
ORDINANCE 502 – ZONING ORDINANCE
o)Fruit, vegetable and meat stores.
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.
z) Musical instrument stores.
aa) Parks and Open Spaces.
zbb) Pet shops, excluding kennel services.
aacc) Photograph sales and repair.
bbdd) Record and video stores.
ccee) Restaurants, coffee shops, excluding drive-in service.
ddff) Sporting goods stores.
eegg) Postal facilities
ffhh) 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.
ORDINANCE 502 – ZONING ORDINANCE
b) Convenience stores, excluding fueling facilities.
c) State licensed day care and nursery school facilities provided that:
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)e) 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)f) Hotels, Motels, Lodge.
h) Commercial Planned Unit Developments.
h)g) 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: Building Location/Setback Requirements. Buildings shall be set close to the
street with parking behind or on the side of the building, except that the setback is twenty (20)
feet from a residential district.
ORDINANCE 502 – ZONING ORDINANCE
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
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;
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).
ORDINANCE 502 – ZONING ORDINANCE
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
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) Landscaping Plan. The landscaping, upon any building site or lot, must be carried
out in accordance with a landscaping plan prepared by an experienced landscape
professional which will be reviewed and approved by the City before construction
on a lot. All areas of a lot not occupied by buildings, parking and loading areas,
drives, walkways, or other permitted structures must be landscaped with trees,
shrubs, grass and other planted ground cover approved by City Staff. 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) Landscaping Methods and Material. Landscaping may include seeding, sodding,
raised planters, architectural decorative walls or fencing, trees and shrubs, ground
cover and other landscape materials including rain gardens. Plant material
selection will take into consideration disease and insect resistance, hardiness to
the area, the ability to provide seasonal interest and future maintenance
considerations. Native species are preferred. The following species will not be
allowed: Box Elder, female Ginkgo, Willow and Cottonwoods.
c) Waste Handling Screening. All waste and recycling areas must be either stored in
the principal building or stored in a four (4) sided enclosure at a minimum of five
(5) feet in height constructed of brick, stone, decorative concrete material or a
material comparable and compatible with the material of the principal building.
Waste handling areas should be shared between lots and buildings to the extent
possible to minimize their impact and must be located on the rear of sides of
buildings to minimize visibility from roadways. Any changes to trash handling
areas once a building is constructed must comply with this Ordinance and requires
approval by the City.
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.
ORDINANCE 502 – ZONING ORDINANCE
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) Single-family Rresidential dwelling 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 limited period of time to allow for a transition in use to commercial.
When a majority of the block is a commercial use, no additional interim use
permits shall be granted or extended and single family rental dwellings shall
transition to a permitted use in compliance with this Ordinance. 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) The maximum term for an interim use permit shall be five years but may be less
as approved by the governing body.
c) In requesting such an interim rental use, the landowner agrees to any conditions
that the governing body deems appropriate for permission of the use and agrees
that the use will terminate at the designated date for termination of the interim
use.
d) Public hearings shall be held as set forth in this Ordinance.
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) Any use permitted in the B-1 District
b) Automobile repair- minor
c) Convenience store
c) Funeral home
d) Gasoline service station
e) Grocery store
f)Hardware store
g)Motel and hotel
h) Movie (not the drive-in type) and Performing Art Theater
i) Places of worship, including churches, synagogues, chapels, and temples.
j) Retail shop and store
k) Veterinary clinic
l) Other use determined by the Planning Commission to be of the same character as
contained in this Subdivision
a) Business Services
1.Banks
ORDINANCE 502 – ZONING ORDINANCE
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
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.
ORDINANCE 502 – ZONING ORDINANCE
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:
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) one-hundred (100) 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 between the
hours of 7 am and 9 pm.
ORDINANCE 502 – ZONING ORDINANCE
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.
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.
cb) Office warehousing.
dc) Lawn and garden temporary sales area.
ed) Lumber yards and home improvement retail centers.
fe) New or used auto dealerships.
gf) Stone masonry building material sales and service.
hg) Recreational vehicle sales and services.
ih) Transportation terminals, public utility and transfer stations, without storage
yards.
ji) Equipment Services.
1. Radio and television shops
ORDINANCE 502 – ZONING ORDINANCE
2. Appliance repair shops
3. Appliance show rooms
kj) Recreational Services.
1.Theaters
2. Bowling establishments
3. Clubs and lodges
l) Hotels
m) Motels
nk) 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.
ol) 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.
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.
ORDINANCE 502 – ZONING ORDINANCE
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
rm) 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.
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:
ORDINANCE 502 – ZONING 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. Single-family Rresidential dwelling units in areas that have been rezoned
to commercial from residential may be eligible for an shall be allowed an
Interim Use Permit as a rental unit for a specific limited period of time to
allow for a transition in use to commercial. When a majority of the block
is a commercial use, no additional interim use permits shall be granted or
extended and single family rental dwellings shall transition to a permitted
use in compliance with this Ordinance. The maximum density for rental
units under the Interim Use Permit shall be limited to the density which is
allowed in the R-1 Single Family Residential District.
2. The Interim Use as a rental shall be obtained through the interim use
procedures set forth in this Ordinance.
3. The maximum term for an interim use permit shall be five years but may
be less as approved by the governing body.
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 32,670 square feet (.75 Acre) 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
ORDINANCE 502 – ZONING ORDINANCE
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 interior lot line, fifteen (15) feet
from the corner lot line, and 35 feet if abutting a residential 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
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.
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
ORDINANCE 502 – ZONING ORDINANCE
the final grade, and stick built construction.
d) Building Exteriors. The following are permitted exterior materials:
1. Pre-finished standing seam architectural metal panels, with a minimum twenty
(20) year manufacturer color-fast warranty utilizing concealed fasteners., may be
used as a construction material.
2.Brick or face brick,
3.Decorative architectural precast concrete masonry units. Concrete masonry 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,
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, aluminum, or steel lap siding,
9.Any other material approved by the City Council, including but not limited to
fiber cement 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 thirty (30) percent of all four sides of the exterior,
exclusive of windows and doors, shall be constructed of one or a combination of
the following materials: brick, face brick, natural stone or cut stone, or stucco.
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.
e) 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
ORDINANCE 502 – ZONING ORDINANCE
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
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) Any use permitted in the B-2 District.
b) Medical Research Laboratory.
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.
l) Interior design services, including floor and wall covering stores.
m) Retail malls.
n) Medical, optical and dental clinics.
ORDINANCE 502 – ZONING ORDINANCE
oc) Office parks.
p)Parks and Open Spaces.
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.
f) 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.
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.
ORDINANCE 502 – ZONING ORDINANCE
d) Signs which meet the criteria of this Ordinance.
Subd. 5: Lot Size. Minimum lot size is 10,000 32,670 square feet (.75 Acre) 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 interior lot line, fifteen (15) feet
from the corner lot line, and 35 feet if abutting a residential 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.
ORDINANCE 502 – ZONING ORDINANCE
d) Building Exteriors. The following are permitted exterior materials:
1.Brick or face brick,
2.Decorative architectural precast concrete masonry units. Concrete masonry 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, aluminum, or steel lap siding,
8.Pre-finished architectural metal panels 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
fiber cement 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.
Building Exteriors. All construction of new facilities shall consist of pre-cast or cast tip
up concrete walls, concrete block (painted or decorative), post frame/steel frame
with a concrete block or poured concrete complete perimeter foundation with
frost footings extending a minimum of eight inches (8”) above the final grade, and
stick built construction. Pre-finished architectural metal panels, with a minimum
twenty (20) year manufacturer color-fast warranty, may be used as a construction
material. The exterior building finish of fifty (50%) percent of all four sides of
the structure, exclusive of windows and doors, shall consist of materials
comparable to: face brick; natural stone or cultured rock; glass; vinyl; stucco,
aluminum lapsiding; cut block; and, concrete block (the surface must be treated
with an applied decorative texture or material). Pre-cast or cast in place concrete
ORDINANCE 502 – ZONING ORDINANCE
buildings shall provide as much adornment as is possible considering their
exterior finish limitations. Any buildings undergoing renovation, repair or an
addition, so as to require the issuance of a building permit, shall be brought into
conformance with this subsection at the time the repairs, renovations or additions
are completed. This does not include re-shingling or re-roofing.
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.
f) 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.
Subd. 10: 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.
d) Public hearings shall be held as set forth in this Ordinance.
ORDINANCE 502 – ZONING ORDINANCE
Section 502.66: EE - EDUCATIONAL - ECCLESIASTICAL DISTRICT
Subd. 1: Intent. It is the intent of this district to provide for an area occupied by public
and private educational and ecclesiastical institutions. The institutions of the Sisters of the Order
of Saint Benedict and the College of Saint Benedict predate the adoption of this Ordinance. The
City recognizes the historic significance and cultural, religious and educational function of these
institutions. However, this section is meant to prohibit the use of land by these and other
educational facilities which would be incompatible with or detrimental to the essential character
of land adjoining the Educational - Ecclesiastical District.
Subd. 2: Permitted Uses.
a) Convents
b) Novitiates
c) Colleges and Universities
d) College Preparatory Schools
e) Churches and Similar Uses
f) College Owned Student Housing
g) Grade Schools
h) High Schools
i) Vocational Schools
Subd. 3: Conditional Uses. The following uses shall require a conditional use permit as
provided for in this Ordinance:
a) Streets and alleys which provide a means of ingress and egress to or from the
institution.
Subd. 4: Permitted Accessory Uses. Accessory uses reasonably incidental to the
function and purpose of permitted uses including, but not limited to:
a) An independent power plant facility.
b) Storage buildings for storage of equipment used in the maintenance of the
property, not to exceed 30% of the gross square footage of the principal structure.
ORDINANCE 502 – ZONING ORDINANCE
c) Swimming pools, tennis courts and other recreational facilities. All swimming
pools must be fenced around the perimeter. The fence must meet the
requirements of this Ordinance.
Subd. 5: Building Permit Required. Construction of facilities must be by a building
permit issued by the building inspector to insure building code compliance, and all building
permit applications must be reviewed and approved by the Fire Chief or Fire Marshal and the
Planning Commission. A building permit must be issued by the building inspector and building
plans approved by the Fire Chief or Fire Marshal and the Planning Commission for remodeling
of existing facilities for a same or similar use.
Subd. 6: Height Requirements. No building constructed in the Educational Ecclesiastical
District shall be more than 3 stories or 40 feet in height. Berming the building does not allow a
building to be constructed higher than 40 feet. Elevation for the building shall be determined by
the average grade of the land. Steeples and similar unoccupied design features shall conform to
the standards set forth in this Ordinance.
Subd. 7: Setback Requirements.
a) The front yard of any building shall be 35 feet from the lot line.
b) The side yard of any building shall be 20 feet from the lot line, unless the side
yard abuts a street or highway in which case the setback shall not be less than 30
feet.
c) The rear yard of any building shall be 20 feet from the lot line.
Subd. 8: Site Coverage. No structure or combination of structures shall occupy more
than 50 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. 9: Other Requirements:
a) Screening: All mechanical, heating, ventilation and air conditioning equipment,
and refuse storage areas shall be screened and in a suitable location as determined
by the Planning Commission.
b) Building Materials: The exterior surface of all buildings, except for accessory
structures and outbuildings shall meet the requirements of the B-1 District.
b) Lighting: All lighting not under the authority of a governmental unit shall be
hooded and no light may directly strike any public right of way.
c) Landscaping: In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development.
ORDINANCE 502 – ZONING ORDINANCE
d) Parking:
i. 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.
ii. The amount of required off-street parking space for new uses or buildings,
additions thereto and additions to existing buildings shall be determined in
accordance with the parking standards set forth in section 502.10 of the St.
Joseph Code of Ordinances. The parking requirements can be adjusted if
a parking study is completed illustrating the anticipated demand for
parking and loading space, the length of visits generated by the particular
business, and the availability of other parking spaces are provided.
This ordinance becomes effective from and after its passage and publication.
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Passed by the City Council of St. Joseph, Minnesota the 16 day of December, 2019
Rick Schultz, Mayor
ATTEST
Kris Ambuehl, City Administrator
This amendment was published on , 2019.
ORDINANCE NO. 2019-06
AN ORDINACE REPEALING AND REPLACING CERTAIN SECTIONS WITHIN
ORDINANCE 502 – ZONING ORDINANCE
The following official summary of the ordinance referred to has been approved by the City Council of St.
Joseph as clearly informing the public of the intent and effect of the amendments.
Ordinance 502 – ST. JOSEPH ZONING ORDINANCE
Sections 502.04: Rules and Definitions, 502.10: Off Street Parking, 502.30: R-1 Single Family Residence
District, 502.34: R-2 Two Family Residence District, 502.42: R-4 Townhouse/Patio Home Residential
District, 502.50 B-1 Central Business District, 502.54 B-2 Highway 75 Business District, 502.58 B-3
General Business District, 502.66 EE - Educational – Ecclesiastical District of City’s Zoning Ordinance.
The purpose of repealing and replacing certain sections within Ordinance 502 is to address the changes
within the zoning ordinance related to definitions, off-street parking regulations, landscaping, permitted,
conditional, and interim uses within the R1, R2, R4, B-1, B-2, and B3 Districts, establishes building
material and impervious surface requirements within the EE-Educational-Ecclesiastical District,
determines parking requirements for a multifamily building, and recreational vehicles and trailers, amends
lot size and setbacks, and refines the ordinance to eliminate redundancies in ordinance language.
A printed copy of the entire ordinance is available for inspection by any person at the office of City Clerk,
Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m. or on the City’s website at
www.cityofstjoseph.com.
This document hereby is made a part of this ordinance and is attached hereto.
Rick Schultz, Mayor
ATTEST:
Kris Ambuehl, Administrator
SEAL
PUBLISHED IN THE ST. CLOUD TIMES ON , 2019.
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