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HomeMy WebLinkAbout[05a] Ord. 502 Amendment Rural Residential District Planning Commission Agenda Item 5a MEETING DATE: June 8, 2020 AGENDA ITEM: Public Hearing, Ord 502 Amendment, Rural Residential District SUBMITTED BY: Community Development STAFF RECOMMENDATION: Approve Zoning Ordinance Amendment PREVIOUS PLANNING COMMISSION ACTION: In 2018, the Planning Commission approved a new Rural Residential District in response to annexing large portions of St. Joseph Township. BACKGROUND INFORMATION: The intent of the Rural Residential District Ordinance is to establish and preserve areas within the City for the continuation of agricultural operations, open space and provide for very low-density residential development and a rural life-style. During the initial drafting of the Ordinance, there was consensus to be consistent with Stearns County regulations. Staff has identified inconsistencies with Stearns County Land Use and Zoning Ordinance and therefore, has drafted recommended amendments for your consideration. ATTACHMENTS: Draft Amendment Ordinance 502, Section 502.27 RR District REQUESTED PLANNING COMMISSION ACTION: Motion to Approve Section 502.27: RR of Ordinance 502 – Zoning Ordinance. ORDINANCE 502 – ZONING ORDINANCE 502.27-1 Section 502.27: RR - RURAL RESIDENTIAL DISTRICT Subd. 1: Intent. To establish and preserve areas within the City for the continuation of agricultural operations; to provide for very low density residential development for those persons desiring a rural life-style, to preserve and protect areas where soil conditions, bedrock conditions, steep slopes, significant vegetation, wetlands or other unique natural features which, are best suited for open space and limited development, and are necessary to maintain the character of the area or the community, and which would be irreparably harmed by denser development, and to allow for use of areas not suitable for urban development, to prevent rapid urbanization and provide economy in public expenditures, and to govern and implement the long range urban service plan of the City as identified in the Comprehensive Plan. Subd. 2: Purpose. The Rural Residential district is included in the zoning provisions to achieve the following purposes: a) Minimize land use conflict between agricultural and other land uses. 1. Maintain suitable boundaries for urban, rural residential and agricultural areas. 2. Prevent premature urban development in rural areas which eventually may be appropriate for urban uses, until the installation of streets, utilities, and until the demand exists for such development. b) Manage the impacts of growth and development on the City’s rural character. 1. Discourage incompatible land uses through effective land use controls. 2. Identify appropriate areas for commercial, industrial and non-farm rural residential developments. 3. Coordinate infrastructure expansion with development; and encourage development where the infrastructure is adequate to serve that growth. Subd. 3: Definitions. The following words and terms, in addition to the words and terms identified in Section 502.04 in this Ordinance, shall have the following meanings, unless the context clearly indicates otherwise: a) Agricultural Building: A structure used for the storage and maintenance of agricultural equipment, or the storage of livestock, feed, crops, or other agricultural products. b) Agricultural Operation: Real or personal property used for production of crops including, but not limited to, fruit and vegetative production, tree farming, livestock, poultry, dairy products or poultry products, but not a facility primarily engaged in processing agricultural products. An agricultural operation shall also include certain farm activities and uses as follows: ORDINANCE 502 – ZONING ORDINANCE 502.27-2 a. Chemical and fertilizer spraying b. Farm machinery noise c. Extended hours of operation d. Storage and spreading of manure and biosolids under state permit e. Open storage of machinery f. Odors produced from normal farm activities g. On farm marketing of farm products h. Yard waste and leaf composting site i. Contaminated soils disposal c) Animal Feedlot: a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of this Section, petting zoos, horse stalls, riding arenas, open lots and mink farms shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots. Animal feedlots shall include any manure storage structure. d) Home Extended Business: An occupation or profession engaged in by the occupant of a dwelling unit within said unit or accessory structure which involves the storage of a limited amountnumber of vehicles and equipment; repair; service or assembly requiring equipment other than customarily found in a home; or the storage of stock in trade incidental to the performance of a service. A home extended business shall be clearly incidental and secondary to the residential use of the premises, and shall only include the sale of merchandise incidental to the home extended business. e) Hobby Farm: An area on which crops are grown and or livestock (excluding fur- bearing livestock) are raised. f) Residential Subdivision: A described tract of land which has been divided into single family residential lots establishing a residential neighborhood. Areas include 1st Avenue NE at First Street East to CO RD 2, CO RD 2 at First Street East to Jasmine Lane, Forest Manor Addition, River Ridge Estates, and Sunset Ridge. Subd. 4: Permitted Uses. a) Agricultural Operation b) Single family detached dwelling unit c) Hobby Farms d) Roadside stand for the sale of agricultural products produced on the premises (providing that such stands conform to the requirements of this Title relative to construction, setback and use). ORDINANCE 502 – ZONING ORDINANCE 502.27-3 e) Public parks, recreational areas, environmental study areas and game refuges. f) Forestry, nurseries, green houses and tree farms excluding retail sales. g) Residential care facilities serving 6 or fewer residents g) Residences for principal farm operators Subd. 5: Conditional Uses. The following uses require a Conditional Use Permit as regulated in this Ordinance. a) Antennas - TV/Radio Receiving, Short Waive/Private Transmitting. ba) Essential Services, Transmission Services and Utility Substations cb) Animal Feedlot expansions c) Bed and Breakfast Inns d) Government administrative and service buildings e) Home extended businesses f) Commercial outdoor recreation facilities, including golf courses, club houses, swimming pools and similar uses. g) Kennels with over two dogs.– private h) Solar Systems i)h) Cemeteries j)i) Facilities for retail or wholesale trade connected with nursery or tree farms k)j) Places of Worship l)k) Public and private schools nl) Residential care facilities serving 7-16 residents. Subd. 6: Interim Uses. The following uses require an Interim Use Permit as regulated in this ordinance as: a) Mining, and extraction of minerals, sand, gravel and other granular materials and the like subject to other applicable sections of this Ordinance. dirt, per this Section 502.17. ORDINANCE 502 – ZONING ORDINANCE 502.27-4 b) Portable asphalt and concrete mixing plants within extractive uses. The interim use permit issues shall include, but is not limited to, the following conditions: provisions for adherence to pollution control standards, hours of operation, setbacks, haul roads, areas where the plant is to be located and slopes. The interim use permit required for portable asphalt and concrete mixing plants is in addition to the interim use permit required for the operation of the mining/extractive use. Subd. 7: Permitted Accessory Uses. a) Detached Accessory Buildings on residential properties shall be exempt from Section 502.12 Subd. 1 of this Ordinance and shall meet the following: i. The accessory building is located in the rear yard i.ii. The size of the detached accessory building shall not exceed the square footage footprint of the principal structure and five (5) percent of the total lot area in a residential subdivision. Properties that are less than 27,000 square feet in size shall comply with R-1 district accessory building size requirements. ii.iii. The same or similar exterior building material, (such as siding, and shingles, etc) shall be used on the accessory building and as the principal building in residential subdivisions. iv. Pole barns and/or post frame construction and hoop tubular frame buildings are prohibited in residential subdivisions. iii.v. No detached 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. v. Detached accessory buildings, excluding Agriculture Buildings shall not exceed twenty (20) feet in height in residential subdivisions. b) Agricultural Buildings c) Operation and storage of vehicles, machinery and equipment which is incidental to permitted or special uses allowed in this district. c) Home occupations per Section 502.16. d) Private swimming pools in compliance with Section 502.12 Subd. 4. For an in- ground pool, an automatic pool cover can be used in lieu of fencing requirements ORDINANCE 502 – ZONING ORDINANCE 502.27-5 provided it is certified and complies with ASTM (American Society of Testing and Materials) F1346-91 standard, or successor standard. e) Private sports courts i.e. tennis, basketball, etc. f) Personal amateur radio and television antennas and satellite dish antennas. g) Dog kennels with two or fewer dogs, must be in the side or rear yard. Subd. 8: Lot Area Requirements. a) Minimum area 10 acres - 435,600 square feet. b) Minimum lot width 300 feet at the building setback line., except that if a lot or tract has less area or width than herein provided and was legally platted and was of record at the time of the passage of this Ordinance, that lot may be used for any of the uses permitted by this section. Subd. 9: Setback Requirements. a) Front yYard sSetbacks: The front yard setback shall of not be less than 30 feet from all other public right-of-ways, unless: i) 30 percent or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed a greater or less depth of front yard in which instance no buildings shall project beyond a straight line drawn between the point closest to the street of the residence upon either side of the proposed structure or, ii) If there be are residences upon only one side, then it shall be on the straight line projected from the front of the two nearest residences. iii) This regulation shall not be interpreted to require a front yard of more than 100 feet. b) Side yYard sSetback: The side yard setback shall not be less than fifteen (15) feet, except corner lots on which the side yard on the intersecting street shall be not less than thirty (30) feet. Wherever a lot of record existing at the time of the passage of this Ordinance has a width of 75 feet or less, the side yard on each side of a building may be reduced to a width of the lot, but in no instance shall it be less than 5 feet. c) Rear yYard sSetback:s The rear yard setback shall not be not less than thirty (30) feet. 40 feet in width from each building. ORDINANCE 502 – ZONING ORDINANCE 502.27-6 d) Detached accessory structures shall not be less than ten (10) feet from the side and rear lot lines, except corner lots on which the side yard on the intersecting street shall not be less than twenty (20) feet. Subd. 10: Height Requirements. a) Buildings, other than agriculture buildings, shall not exceed thirty five (35) forty (40) feet in height, except as hereinafter provided. Berming the building does not allow a building to be constructed higher than 35 feet. Elevation for the building shall be determined by the average grade of the land. b) Public or semi-public or public service buildings, hospitals, institutions or schools may be erected to a height not exceeding 60 feet, and churches may be erected to a height not exceeding 75 feet if the building is set back from each yard requirement at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located. Subd. 11. Site Coverage. No structure or combination of structures shall occupy more than 30% of the lot area. Subd. 12: Rural Quality of Life Provisions. The Rural Residential zone applies to properties annexed to the City of St. Joseph that were governed by the 1997 Orderly Annexation Agreement. Properties in this area are rural in nature and have not been impacted by urban development and shall be exempted from certain requirements applicable in other zones that have been developed to an urban density. The exemptions for the properties annexed to the City of St. Joseph that were governed by the 1997 Orderly Annexation Agreement expire when the annexed properties are taxed at the full City tax rates. These properties are defined in Appendix B of this Ordinance, which consists of the 1997 Orderly Annexation Agreement. The exemptions are as follows: a) Allowed Animals. Property owners whose property is zoned Rural Residential shall have the following flexibility in relation to the regulations of Ordinance 1004, Licensing and Regulations of Animals: i. Up to four (4) domestic dogs over three months old shall be allowed per household. ii. Farms animals including but not limited cattle, horses, hogs, chickens, geese, sheep, goats, pigs, ducks and turkeys shall be allowed. Animal density allowance shall follow the Urban Expansion zoning district in the Stearns County Land Use and Zoning Ordinance. iii. Licenses shall not be required for domestic dogs. iv. Animals shall be allowed to run at large unless this issue becomes a nuisance generating complaints from neighbors. ORDINANCE 502 – ZONING ORDINANCE 502.27-7 b) Hunting/Firearms. Recreational firearm and bow arrow usage will be permitted without a city permit with the following conditions: i. Property owners must adhere to all State and Federal laws regarding hunting and the use and discharge of firearms, and bows and arrows. ii. The Police Chief will monitor development of properties located within this zoning district and as urbanization occurs, Firearms and Hunting may be restricted. c) Burning. Properties zoned Rural Residential shall be exempt from Ordinance 1003, Fire and Burning regulations provided: i. Any open burning must be approved and permitted by the MN DNR. d) Rental Regulations: Properties located in the Rural Residential zoning district shall not be restricted from renting their dwelling or portion thereof. The property owner shall be required to secure a rental license annually. e)d) Wood Burning Stoves: Properties located in the Rural Residential zoning district may utilize wood burning stoves as a form of alternative heat provided: a. The wood burning stove meets the minimum setback requirements based on the manufacturer’s guidelines. b. Building Permits are secured for the installation c. All stoves must meet the MPCA Guidelines e) Noise. Rural Residential areas shall be exempt from the Noise Ordinance (1002) provided that noise as defined in the Noise Ordinance does not become a public nuisance or an endangerment to others. f) Fences. Properties shall be exempt from Fence Ordinance 506, except for those in a residential subdivision. Subd. 13: Additional Requirements. Uses may be subject to additional requirements contained in this Ordinance including, but not limited to the sections governing parking, home occupation, floodplain, signs, etc.