HomeMy WebLinkAbout04.12.21
CITY OF ST. JOSEPH
www.cityofstjoseph.com
St. Joseph Planning Commission
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Monday, April 12, 2021
6:00 PM
St. Joseph Council Chambers
75 Callaway St E
**The meeting will also be offered through Zoom**
1.Call to Order
2.Pledge of Allegiance
3.Agenda Review and Adoption
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4.Approve Minutes – March 16, 2021
5.New Business
a.Public Hearing Ordinance amendments – Site plan amendments
6.Old Business
a.Outdoor dining ordinance – revisions
b.Fence ordinance - update
7.Other Business
a.Murals and sign ordinance
8.Adjourn
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75 Callaway Street East | Saint Joseph, Minnesota 56374
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Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363-0342
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March 8, 2021
Page 1 of 4
1 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met
2 on Monday, March 8th, 2021 at 6:01 PM. in the St. Joseph CityHall opening with the Pledge of
3 Allegiance.
4 Planning Commission Members Present: Commissioners Mike Osterman, Mike Ross, Anne Jarrell,
5 Carmie Mick, Brian Theisen, Gina Dullinger
6 Staff Present: Nate Keller Community Development Director
7 Members Absent: Chad Hausmann
8 Approval of the Agenda: Jarrell made a motion to approve the agenda. The motion was seconded by
9 Mick and passed unanimously by those present. It was confirmed that there were no other
10 Commission members present via Zoom.
11 Approval of the Minutes:
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12 Jarrellmade a motion to approve the minutes of February 8, 2021. The motion was seconded by
13 Osterman and passed unanimously by those present.
14 New Business
15
16 a. Public Hearing, Ordinance amendments – wetland setbacks and curbing requirements
17 Keller provided an overview of the proposed amendments. Proposed changes include: amending the
18 required setback for driveway/parking areas from 75’ to 50’
19
20 Dullinger opened Public Hearing at 6:06 P.M.
21 Andy Fisher (applicant) spoke regarding how the setback impacts and limits his property and the use of it.
22 Dullinger closed the Public Hearing at 6:08 P.M.
23
24 Theisen made a motion to approve the wetland setback ordinance 502.19. The motion was
25 seconded by Ostermann. The motion was then passed unanimously by those present.
26 Keller explained the proposed amendments for curbing. The amendments would allow exemptions for the
27 requirement to curb parking lot areas provided certain conditions are met as outlined within the ordinance
28 amendment. The exemptions would only apply if
29
30 Dullinger opened Public Hearing at 6:12 P.M.
31 Andy Fisher (applicant) spoke in regards to the context of curbing as it relates to his property at 7967
32 Sterling Dr.
33 Dullinger closed the Public hearing at 6:14 P.M.
34
35 Questions were asked by the Commissioners about the quantity of current lots still available in the
36 Industrial Park East development.
37
38 Dullinger made a motion to approve the parking lot standard ordinance 502.10. The motion was
39 seconded by Ostermann. The motion was then passed unanimously by those present.
40 b. Public Hearing, Ordinance amendments – fences, and accessory structures
41 The proposed ordinance amendments for fences were explained by Keller. Overall, there is a few minor
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42 changes being proposed since the February 8 Planning Commission meeting which Keller highlighted.
43 Commission members asked about fenced in areas and material requirements pertaining to livestock and
44 agricultural areas.
45
46 Dullinger opened Public Hearing at 6:22 P.M.
47 Dullinger closed Public Hearing at 6:22 P.M.
48
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March 8, 2021
Page 2 of 4
49 Dullinger made a motion to approve the fence ordinance 506. The motion was seconded by Ross.
50 The motion was then passed unanimously by those present.
51 Keller summarized the proposed ordinance amendments for accessory structures.
52 Commission members provided comments about sheds 100 square feet or less and clarifying the
53 expectations for building materials, along with areas that have recently been annexed into the city.
54
55 Dullinger opened Public Hearing at 6:28 P.M.
56 Dullinger closed Public Hearing at 6:28 P.M.
57
58 Dullingermade a motion to approve theaccessory structure ordinance 502.12 amendment with
59 the modification to Section L pertaining to sheds 100 square feet or less. The motion was
60 seconded by Theisen. The motion was then passed unanimously by those present.
61 c. Public Hearing, Ordinance amendments – outdoor dining/sidewalk cafes
62 Background was provided regarding the proposed amendments to the outdoor dining and sidewalk café
63 ordinance. Keller explained staff has changed references to “outdoor dining” to “outdoor patio’s” .The
64 change is meant to clarify and simplify the understanding of what constitutes “outdoor dining”.
65 The Commission members asked about outdoor patios being enclosed and what enclosed means, and
66 the applicability of the 5’ separation rule.
67
68 Dullinger opened Public Hearing at 6:37 P.M.
69 Dullinger closed Public Hearing at 6:38 P.M.
70
71 Dullinger made a motion to approve the outdoor dining/sidewalk café ordinance 502.22 with the
72 addition of patio in Subd 3 C and changing the language in Section H to delineated. The motion
73 was seconded by Theisen. The motion was then passed unanimously by those present.
74 d. Public Hearing, Variance application MN Home Improvements – wetland setback Variance
75 Keller explained the proposed variance request. MN Home Improvements is requesting to deviate from
76 the required 75’ wetland setback for driveways and is proposing a setback of 35’ which triggers the
77 variance request.
78 Commission members asked questions related to: recommended distance for wetland setbacks,
79 stormwater ponding needs, delineation of wetland and neighboring communities’ setbacks.
80
81 Dullinger opened Public Hearing at 6:44 P.M.
82 Andy Fisher (applicant) spoke regarding how the setback limits their ability to utilize their property.
83 Dullinger closed Public Hearing at 6:45 P.M.
84
85 Dullinger made a motion to deny the variance per resolution 2021-001. The motion was seconded
86 by Jarrell. The motion failed 2-4. The motion does not pass.
87
88 Commission members discussed setback distances as it relates to the applicant’s proposal, and other
89 adjacent communities’ requirements.
90
91 The Commission found the following findings of fact to support a 40’ variance to the wetland
92 setback for their driveway circulation area:
93 1.The variance is consistent with numerous goals in the St. Joseph Comprehensive Plan.
94 2.The variance is in harmony because a setback to the wetland is still being provided and
95 the wetland will still be protected from runoff and stormwater because of the setback.
96 3.There are practical difficulties applying to the subject property including:
97 a.The proposed use of the property is reasonable and in align with adjacent
98 development.
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March 8, 2021
Page 3 of 4
99 b.The plight of the landowner is unique to the property given the location of the
100 wetlands, and the historical aspects of the parcel previously belonging to the St.
101 Joseph Township before being annexed in 2019.
102 c.The variance will not alter the essential character of the neighborhood as it will be
103 similar to surrounding development and not be out of place while providing an
104 even greater than other adjacent existing sites.
105 Dullinger made a motion to approve a 40’ variance setback for the driveway area to the edge of the
106 delineated wetland. The motion was seconded by Theisen. The motion was then passed
107 unanimously by those present.
108 e. Public Hearing, Variance application MN Home Improvements – parking material standards
109 MN Home Improvements is requesting a variance to do class 2 gravel in lieu of hard surfacing (asphalt,
110 concrete, pavers, etc.). Hard surface is required for all parking areas including driveways and circulation
111 areas per Zoning Ordinance 502.10 Subd. 3 N. Keller presented an overview of the request and staff
112 recommendations.
113
114 Dullinger opened Public Hearing at 7:09 P.M.
115 Andy Fisher (applicant) spoke in regards to how the material requirements impact his proposal and
116 reasons why he is seeking a variance to the requirements.
117 Dullinger closed the Public hearing at 7:13 P.M.
118
119
120 Ostermann made a motion to approve class 2 gravel throughout the entire site. Motion failed due
121 to a lack of second.
122
123 Commission members asked about reasonings behind allowing some areas to be gravel and some to be
124 hard surfacing.
125
126 Dullinger made a motion to amend resolution 2021-002 (b) approving the variance to allow class 2
127 gravel throughout the entire site except for those areas required to be ADA parking spots. The
128 ADA parking spots shall be hard surfacing including areas to and from those parking spots. The
129 motion was seconded by Ostermann. The motion was then passed unanimously by those present.
130
131 f. Public Hearing, Variance application MN Home Improvements – Curbing requirements
132 Keller outlined the request of the applicant to seek a variance to not construct curbing within the parking
133 and driveway circulation areas throughout the applicant’sparcel.
134 Dullinger opened Public Hearing at 7:22 P.M.
135 Andy Fisher (applicant) spoke in regards to how curbing is not needed at his site.
136 Dullinger closed the Public hearing at 7:23 P.M.
137
138 Dullinger made a motion to approve the variance based on findings of fact. The motion was
139 seconded by Ostermann. The motion was then passed unanimously by those present.
140 Old Business
141 a. Knife River – Final Plat request
142 The applicant for the Knife River Final Plat is requesting to proceed with the Final Plat directly to City
143 Council without full Planning Commission review and recommendation. Keller explained ordinance
144 540.13 Subd. 4 C allows applicants who have received Preliminary Plat approval to proceed directly to
145 City Council with Final Plat provided the Planning Commission makes this recommendation.
146
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March 8, 2021
Page 4 of 4
147 Dullinger made a motion to allow the Final plat request to proceed directly to City Council without
148 full Planning Commission review. The motion was seconded by Theisen. The motion was then
149 passed unanimously by those present.
150
151 Other Business
152 a.Site Plan ordinance amendments
153 Currently the city requires full site plan review and approval for all Multi-family, Industrial, and
154 Commercial projects. Keller explained the intended ordinance draft would allow Multi-family,
155 Commercial, and Industrial projects that result in less then 25% of an increase to the building
156 footprint to proceed directly to Building permit submittal.
157 Dullinger made a motion to have staff bring back formal amendments to the April meeting. The
158 motion was seconded by Mick. The motion was then passed unanimously by those present.
159 b.PC Training
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160 Background was provided on an upcoming training scheduled for March 15, 2021 from 2:30-
161 4PM via Zoom. The league of MN Cities will be conducting the training and other area
162 Commission members (Sartell, Sauk Rapids, Waite Park, St. Cloud) have been invited to attend
163 the training.
164 Adjourn: Jarrell moved to adjourn the meeting at 7:36 PM. The motion was seconded by Osterman
165 and the motion carried.
166
167 Nate Keller
168 Community Development Director
169
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Planning Commission Agenda Item 05a
MEETING DATE:
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April 12, 2021
AGENDA ITEM:
5a
SUBMITTED BY:
Community Development
STAFF RECOMMENDATION:
Staff recommends the proposed changes.
PREVIOUS PLANNING COMMISSION ACTION:
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The Planning Commission directed staff at the March 8 meeting to proceed with scheduling a public
hearing and drafting of formal amendments for April’s meeting.
BACKGROUND INFORMATION:
The city code requires new multi-family, commercial, or industrial construction projects to obtain site
plan review and approval before a building permit can be submitted. There is no limitation or trigger
point for this requirement. xpansion projects of existing buildings are required to seek site plan approval
before submitting a building permit.
The recommended trigger point staff is proposing is when a project results in an expansion of 25% or
more of the existing building footprint area. This requirement is similar to adjacent communities. One
change since last month is a proposed increase trigger for detached accessory buildings. he trigger was
25% staff is proposing to increase that to 50%.
BUDGET/FISCAL IMPACT:
The amendment if supported will result in a slight decline in the total amount of application fees
collected. This decline is considered to be minimal (less than a few hundred dollars over an entire year.)
ATTACHMENTS:
1.Drafted ordinance amendments for site plan requirements
REQUESTED PLANNING COMMISSION ACTION:
1.Open public hearing
2.Provide recommendation (approval/denial/table) on the proposed ordinance amendments.
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ORDINANCE 502 – ZONING ORDINANCE
ORDINANCE NO________
AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPH
GENERAL PERFORMANCE DEVELOPMENT/SITE PLAN REVIEWORDINANCE
CITY OF SAINT JOSEPH
COUNTY OF STEARNS
STATE OF MINNESOTA
Purpose and Intent: The purpose of this ordinance amendment is to amend Ordinance 502.12
Subd. 14
Amendment: Ordinance 502.12 Subd. 14 is hereby amended as follows:
Subd. 14 Development/Site Plan Review. All site and building plans for multiple family
residential, commercial, industrial, institutional or public/semi-public uses shall require site plan
review and approval by the Zoning Administrator except as waived in Subd. 16 of this title.
Plans shall be prepared by a qualified and licensed civil engineer and architect.
a) Applications and Submittal Requirements: Applications for site and building
review shall be filed with the Zoning Administrator and shall be accompanied by
the appropriate fee and the following submittal information:
1.Proof of title and contract/purchase agreement and property owner signature
on the application form when applicable.
2.Four (4) large scale copies, twelve (12) reduced (11”x17”) One electronic
copy of copies of detailed written materials, plans and specifications and one
electronic copy.
3.Site Plan depicting the following:
A. Name of project or development.
B. Name and address of developer and/or owner and
engineer/architect.
C. Scale (engineering only) at not less than one (1) inch equals one
hundred feet.
D. North point indication.
E. Existing boundaries with lot dimension and lot area.
F. Existing buildings, structures and improvements.
G. Easements of record.
H. Delineated wetland boundary, to include the OHWL of any lakes
502.12-1
7
ORDINANCE 502 – ZONING ORDINANCE
or DNR waters.
I.All encroachments.
J. Legal description.
K. Location, setback and dimensions of all proposed buildings and
structures.
L.Location of all adjacent buildings and structures within one
hundred (100) feet of the exterior boundaries of the subject
property.
M. Location, number, dimensions of all proposed parking stalls,
loading areas, fire lane, drive aisles, with curbing shown.
N. Location, width and setbacks of all proposed street accesses and
driveways and existing accesses within 100 feet of the property.
O. Location, width and setbacks of all proposed sidewalks, walkways
and trails.
P. Location and type of all proposed lighting, including fixture
details.
Q. Provisions for storage and disposal of waste, garbage and
recyclables, including details for enclosing and screening exterior
containers.
R. Calculations for impervious/pervious surfaces.
4. Architectural Plans showing the following.
A. Date of plan preparation and dates of any subsequent revision.
B. Architectural elevations, in color, of all principal and accessory
buildings (type, and materials used in all exterior surfaces).
C. Typical floor plan and room plan drawn to scale with a summary
of square footage by use or activity.
5. Grading Plan depicting the following:
A. Existing contours at two (2) foot intervals.
B. Proposed grade elevations at two (2) foot maximum intervals.
C. Drainage plan, including the configuration of drainage areas and
calculations.
D. Spot elevations.
502.12-2
8
ORDINANCE 502 – ZONING ORDINANCE
E.Surface water ponding and treatment areas.
F. Erosion control measures.
G. Wetland replacement plan (when applicable).
H. Soil borings.
I.Drainage calculations for 2, 10, and 100 year storm events.
J. Delineated wetland boundary, to include OHWL of any lakes or DNR
waters.
K. Date of plan preparation and dates of any subsequent revisions.
6. Screening of heating, ventilation and air-conditioning equipment.
7. Landscaping material including the location, type of plant and size.
8. Utility Plan showing the following:
A. Location of hydrants, valves and manholes, if any.
B. Location, sizing, and type of water and sewer system main and
proposed service connections, hydrants, valves, and manholes; or,
C. Location and size of proposed primary and secondary on-site treatment
systems, when allowed.
D. Storm sewer, catch basins, invert elevation, type of castings and type
of materials.
9. A description of provisions which shall be made on the site for adequate open
space and recreational areas to properly serve residents of the facility.
10. Any other fencing, screening, or building accessories to be located in the
development area.
b) Design Standards: Plans which fail to meet the following criteria shall not be
approved.
1.The proposed development application must be consistent with the St. Joseph
Comprehensive Plan, city policies and plans, including:
A. Land Use Plan
B. Utility (Sewer and Water) Plans
C. Local Water Management Plan
D. Capital Improvement Plan
E. Transportation Plan
F. Stormwater Design Standards
2. The proposed development application conforms to this Ordinance and other
applicable City Codes.
3. The proposed development shall be served with adequate and safe water
supply.
502.12-3
9
ORDINANCE 502 – ZONING ORDINANCE
4.The proposed development shall be served with an adequate and safe sanitary
sewer systems.
c) Review and Required Fee.
1.The Zoning Administrator shall forward copies of application and site and
building plans to the appropriate staff, consultants and governmental
agencies for review and recommendation. The Community Development
Department shall perform a review and approve or deny the application.
The Community Development Department may also suggest conditions as
they deem necessary to the approval of the site and building plans.
2.The applicant may appeal any denial or decision by the Department to the
Planning Commission and City Council according to the appeals process
in this Ordinance.
3. Fees payable under this section for site plan review shall be in an amount
as established by resolution of the City Council. Preparation and review
of all elements of the required development plan, as listed and described
above, is to be at the sole expense of the developer and at no expense to
the public. The fee is payable at the time of filing a petition and is not
refundable. In addition to the above fees and in the event the City incurs
professional fees, either legal, engineering or professional planners, or any
other cost, including but not limited to, postage and publication expenses,
the applicants shall reimburse the City for those fees, and the City officials
may require an escrow deposit, cashier’s check or letter of credit for these
fees prior to the final action on the application for development plan
review. Such escrow or letter of credit shall be in the form approved by
the City Attorney.
Subd. 15: Additional Requirements. Uses may be subject to additional requirements
contained in this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
a) A Lock Box shall be installed on all buildings before a Certificate of Occupancy
will be issued.
b) A copy of proposed covenants and/or homeowner’s association agreement (s).
c) When required, evidence of completion of National Pollutant Discharge
Elimination System (NPDES) permitting program and/or the City of St. Joseph
Storm Water Pollution Prevention Program (SWPPP).
d)If applicable, evidence of compliance with federal, state and local pollution and
nuisance laws and regulations, including, but not limited to glare, smoke, dust,
odors and noise. The burden of proof for compliance with appropriate standards
shall lie with the applicant.
e)Every site plan applicant shall be required to submit with the site plan a complete
and accurate statement concerning the specific nature of the intended use of the
502.12-4
10
ORDINANCE 502 – ZONING ORDINANCE
property.
Subd. 16: SITE PLAN APPLICATION WAIVER
a) Interior Modifications Of Existing Permitted Building: Construction which is limited to
interior modifications of an existing permitted building will not need site plan approval
and may proceed to building permit submittal.
b) Exterior Modifications Of Existing Buildings: Modifications to an existing permitted
building will not need site plan approval and can proceed direct to building permit
submittal provided the modifications result in less than a twenty-five percent (25%)
increase in building footprint.
c) Detached structures: Proposed detached structures that are less than fifty percent (50%)
of the size of the principal structure will not need site plan approval and can proceed
directly to building permit submittal provided the structure does not require full
Engineer/stormwater review as determined by the City Engineer. If Engineer review is
needed a site plan application shall be submitted.
Effective Date: This ordinance amendment shall be in full force and effect from and after passage and
publication according to the state law.
Repeal: This ordinance shall repeal all ordinances inconsistent herewith.
______________________________________________________
Rick Schultz, Mayor
_______________________________________________________
Therese Haffner, City Administrator
502.12-5
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Planning Commission Agenda Item 6a
MEETING DATE:
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April 12, 2021
AGENDA ITEM:
6a
SUBMITTED BY:
Community Development
STAFF RECOMMENDATION:
Staff recommends the attached changes to the Outdoor patio and sidewalk café ordinances. The revisions
outlined in green are changes suggested by City Council.
PREVIOUS PLANNING COMMISSION ACTION:
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Planning Commission discussed drafts of the ordinance language at the February 8 meeting and final
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draft at the March 16 meeting. The Commission recommended approval of drafted language at the
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March 16
, 2021 meeting (while also holding a public hearing).
BACKGROUND INFORMATION:
Council has suggested some changes to the language therefore staff is bringing those changes back. The
changes are in green font and highlighted in yellow in the attached drafts.
BUDGET/FISCAL IMPACT:
None
ATTACHMENTS:
1.Drafted ordinance amendments for Outdoor patios and sidewalk cafes
REQUESTED PLANNING COMMISSION ACTION:
1.Provide a recommendation on the drafted language (approve/deny/table)
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ORDINANCE 502.22 – ZONING ORDINANCE
ORDINANCE NO________
AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPH OUTDOOR DINING
AND SIDEWALK CAFEORDINANCE
CITY OF SAINT JOSEPH
COUNTY OF STEARNS
STATE OF MINNESOTA
Purpose and Intent: The purpose of this ordinance amendment is to amend Ordinance 502.22
Amendment: Ordinance 502.22 are hearby amended as follows:
Section 502.22: OUTDOOR DINING/SMOKINGPATIO AREAS AND SIDEWALK
CAFÉS
Subd. 1: Intent: The intent of this section of the zoning ordinance is to establish general
standards for outdoor dining areas and sidewalk cafés.
Subd. 2: Definitions:
a)“Outdoor Dining Patio” – an area set aside which is designed to accommodate
formal dining outdoors outdoor dining where beverages and/or food is served;
that is subordinate to a permitted use on the same property.
b)“Sidewalk Café” – an outdoor dining area located within the public right of way
in front or adjoining a restaurant or other eating and drinking establishment. a
seating area located outside of an establishment in which there is not enough
room to provide formal dining
Subd. 3: Outdoor Patio Areas Dining/Smoking Areas: Outdoor smoking/dining patio
areas are permitted accessory uses in conjunction with a restaurant, coffee shop, or other eating
and drinking facility provided a site plan is approved by the Zoning Administrator. The Planning
Commission The Zoning Administrator shall forward copies of application and site plan to the
appropriate staff, and consultants for review and recommendation. The following requirements
are must be met:
a)Application for site plan review shall be filed with the Zoning Administrator and
shall be accompanied by the appropriate fee and the following submittal
information:
1.Existing boundaries with lot dimension and lot area.
2.Existing buildings and structures.
3.Location, setback and dimensions on proposed patio, walkways and structures.
4.Location and type of all proposed lighting, including fixture details.
5.Landscaping plan, including landscaping material, location, type of plant and
size.
6.Calculations for impervious surface.
502.22- 1
13 13
ORDINANCE 502.22 – ZONING ORDINANCE
7.Additional information determined necessary by the Zoning Administrator to
ensure compliance with City Ordinance.
b)No portion of the outdoor smoking/dining area shall be located or occur within a
public right-of-way or be located or occur closer than two feet from any property
line.
b)If the outdoor smoking/dining area is proposed to be within a City drainage and
utility easement, the property owner shall enter into a written agreement
authorizing the use of the City’s easement.
b)Patrons must gain entrance to the outdoor patio area from within the main facility,
however at least one exit must be provided for fire safety.
c)If intoxicating liquor is intended to be served in the outdoor patio dining/smoking
area, the standards of the St. Joseph Code of Ordinances as may be amended shall
apply.
d)The Planning Commission and/or City Council may restrict days, hours, nature
and volume, and other aspects of entertainment in any outdoor smoking/dining
area, including a prohibition against If any all forms of music, radio, television,
and other entertainment, are proposed within the outdoor patio area the
entertainment shall meet alladhere to applicable noise ordinances.Special events
shall obtain a Special Event permit. to protect the safety, repose, and welfare of
residents, businesses and other uses near the establishment.
e)The Planning Commission and/or City Council may restrict the hours of operation
of an outdoor smoking/dining area based upon the proximity of the area to
residential dwelling units, and upon considerations relating to the safety, repose,
and welfare of residents, businesses, and other uses near the establishment.
ge) The outdoor smoking/dining patio area shall be handicap accessible and not
restrict accessibility in other areas inside or outside the restaurant or food
establishment.
H f) The outdoor smoking/dining patio area shall be subordinate to the principal
restaurant coffee shop, or other eating/drinking establishment and shall not exceed
33% 49% in area of the square footage of the principal restaurant building.
g)The design and finish of the outdoor smoking/dining patio area shall be compatible
with the main structure in terms of scale (ancillary), color, architectural features,
finish grade, materials and the like.
a.Prohibited fencing and barrier materials include but is not limited to: chain
link, chicken wire, snow fencing, untreated wood, fabric inserts.
b.Prohibited materials for tables includes but is not limited to: plastic, glass
table tops. Picnic tables are only allowed in the rear or side of the property
502.22- 2
14 14
ORDINANCE 502.22 – ZONING ORDINANCE
unless the picnic tables are authorized by the city to be placed in the front.
c.Prohibited materials for chairs includes but is not limited to: unfinished wood
jh) The outdoor smoking/dining patio area shall be a well-defined space surrounded
and delineated by decorative bollards, planters or fencing. A fence surrounding
an outdoor smoking/dining area shall be suitable for the intended use. If a fence is
proposed, a fencing plan shall be submitted for review and approval by the City.
ki) The outdoor smoking/dining patio area shall be kept in a clean and orderly
manner. No food or beverages may be stored outdoors.
lj) The outdoor smoking/dining patio area shall be designed and serviced to prevent
debris from blowing off the premises. The business and/or property owner shall
be responsible to ensure that the area is properly maintained and litter-free.
mk) The outdoor smoking/dining patio area must conform to all fire and building
codes related to the number and types of exits that are required and maximum
structural occupancy limits.
l)Outdoor patio areas shall only be used between the hours of 7 am and 10 pm.
n)The Planning Commission or the City Council may require the notification of
property owners if the outdoor smoking/dining area is located closer than 350 feet
from residential properties may restrict the hours of operation based upon the
proximity of the area to residential dwelling units, and upon considerations
relating to the safety, repose, and welfare of residents, businesses, and other uses
near the establishment.
om) The parking regulations related to minimum required spaces as set forth in this
chapter shall apply and compliance therewith shall be maintained.
pn) The maximum surface coverage requirements set forth in this chapter shall apply
and compliance therewith shall be maintained.
q)Smoking shall not be allowed in areas meeting the definition of “indoor area” as
defined by the Freedom to Breathe Provision of the Minnesota Clean Indoor Air
Act. “Indoor area” means all space between a floor and a ceiling that is bounded
by walls, doorways, or windows (whether open or closed) covering more than 50
percent of the combined surface area of the wall space constituting the perimeter
of the area. A screen is not considered a wall.
Subd. 4: Sidewalk Cafés: Sidewalk cafés are permitted accessory uses within the B-1
Central Business District in conjunction with a restaurant, coffee shop, or other eating
and drinking facility provided a site plan specifying the area in which the café will be
operated is approved by the Zoning Administrator. Application for site plan review shall
be filed with the Zoning Administrator and shall be accompanied by the appropriate fee.
502.22- 3
15 15
ORDINANCE 502.22 – ZONING ORDINANCE
The Zoning Administrator shall forward copies of application and site plan to the
appropriate staff, and consultants for review and recommendation. Planning Commission
The following requirements must be met:
a)Sidewalk cafés shall be limited to the placement of tables, benches, chairs on
portions of sidewalks immediately adjacent to the business operating them.
Allowable materials shall be consistent with the outdoor patio ordinance.
b)A sidewalk café may not occupy any portion of a public street unless it’s part of
an approved parklet plan.
c)Maintenance of all private facilities on public property shall be the owner’s
responsibility.
d)A minimum of five (5) feet of sidewalk width remains unobstructed to maintain
pedestrian clearance. The pedestrian clearance shall be measured from the edge of
the dining area to the curbline.
d)Sidewalk café facilities including, but not limited to, tables chairs, and benches
shall not be left outdoors after business hours or between the hours of 10 p.m. and
6 a.m.
e)Umbrellas/canopies shall not extend into the pedestrian clearance zone and shall
not be higher than seven (7) feet in height.
f)At no time shall the sidewalk café area be used for consumption of alcoholic
beverages.
f)Patrons shall not be served food or beverages outside, except that employees may
refill beverage containers in the seating area. At no time, shall the sidewalk café
area be used for consumption of alcoholic beverages.
he business and/or property owner shall be responsible to ensure the sidewalk
g)T
café area is properly maintained and litter-free. Sites of sidewalk cafés shall be
maintained in an orderly, clean and sanitary manner and be free of debris at all
times. Trash containers and staffing shall be available at all times to facilitate this
condition. Litter shall be picked up on a daily basis.
h)The City Planning Commission and/or City Council may shall require businesses
operating sidewalk cafés routinely sweep and/or wash portions of sidewalks
impacted by such cafés.
i)The sidewalk café area shall not block access to the building entrance or required
exits.
j)The sidewalk cafe area shall only be used between the hours of 7 am and 10 pm.
502.22- 4
16 16
ORDINANCE 502.22 – ZONING ORDINANCE
k)A written encroachment agreement shall be agreed to and signed by the property
owner and the City if the sidewalk café is proposed to encroach into the right of way
written approval shall be provided by the city.
l)Sidewalk café operators shall provide proof of insurance on an annual basis.
Owners of sidewalk cafés shall hold the City harmless from all liability associated
with the operation and maintenance of a sidewalk café.
Effective Date:This ordinance amendment shall be in full force and effect from and after passage and
publication according to the state law.
Repeal: This ordinance shall repeal all ordinances inconsistent herewith.
______________________________________________________
Rick Schultz, Mayor
_______________________________________________________
Therese Haffner, City Administrator
502.22- 5
17 17
Planning Commission Agenda Item 6b
MEETING DATE:
th
April 12, 2021
AGENDA ITEM:
6b
SUBMITTED BY:
Community Development
STAFF RECOMMENDATION:
Staff will provide a verbal update on the status of the fence ordinance amendment.
PREVIOUS PLANNING COMMISSION ACTION:
th
Planning Commission reviewed drafts of the ordinance language at the February 8 meeting and final
th
draft at the March 16 meeting. The Commission recommended approval of drafted language at the
th
March 16
, 2021 meeting (while also holding a public hearing).
BACKGROUND INFORMATION:
Council has suggested some changes to the language therefore staff will bring those changes to
the May Planning Commission meeting.
BUDGET/FISCAL IMPACT:
None
ATTACHMENTS:
1.Drafted ordinance amendments for fences
REQUESTED PLANNING COMMISSION ACTION:
None at this time other than feedback.
18 18
ORDINANCE NO________
AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPHFENCE ORDINANCE
CITY OF SAINT JOSEPH
COUNTY OF STEARNS
STATE OF MINNESOTA
Purpose and Intent: The purpose of this ordinance amendment is to amend Ordinance 506
Amendment: Ordinance 506 are hearby amended as follows:
ORDINANCE 506 FENCE ORDINANCE ............................................................................ 506-1
Section 506.01: APPLICATION .................................................................................... 506-1
Section 506.02: PURPOSE ............................................................................................. 506-1
Section 506.03: PERMIT ................................................................................................ 506-1
Section 506.04: FENCE HEIGHT .................................................................................. 506-2
Section 506.05: FENCE MATERIALS .......................................................................... 506-2
Section 506.06: FENCE PLACEMENT506-42
Section 506.07: LIVING FENCES ................................................................................. 506-4
Section 506.0: BORDER FENCE OR WALL ............................................................... 506-4
Section 506.08: VARIANCE .......................................................................................... 506-4
Section 506.9: PRE-EXISTING FENCES ..................................................................... 506-4
Section 506.10: MAINTENANCE OF FENCE ............................................................. 506-5
Section 506.11: EMERGENCY ACCESS TO FENCED AREAS ................................ 506-5
Section 506.12: RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS ........ 506-5
Section 506.13: PENALTIES/REMEDIES .................................................................... 506-5
Definitions to add:
Decorative fence – split rail, or picket fences that are open and not opaque in nature. Decorative
fences define boundaries but do not enclose.
19 19
ORDINANCE 506 FENCE ORDINANCE
Section 506.01: APPLICATION. This ordinance shall apply to the construction and
maintenance of all walls or fences, to include living fences as defined herein, within the City.
The requirements of this Ordinance may also be subject to modification by the terms or
conditions of a Conditional Use Permit or Rezoning applicable to an individual parcel of
property.
ction 506.02: PURPOSE
Se. This Ordinance was enacted for the following purposes:
a)To regulate fence or wall construction and location.
b)To protect property from a loss of use, enjoyment or value due to the construction
of aesthetically objectionable fences or walls on adjacent property.
c)To assure that fences and walls are constructed adjacent to the property line or
within the property of the party who will maintain the wall or fence.
d)To assure consistency in the location of fences and walls constructed in residential
districts.
e)To require walls and fences be constructed of a low maintenance material.
f)To require walls or fences to be constructed of non-toxic materials.
Section 506.03: PERMIT. Prior to constructing or reconstructing a fence or wall within
the City, the person or entity owning the property on which the wall or fence is to be constructed
or reconstructed shall first secure a fence permit from the City Building Official. A permit fee,
in an amount set by resolution of the City Council, shall be paid at the time the application for a
permit is submitted. The application shall contain the following:
a)Legal description of the property on which the fence or wall is to be constructed
or reconstructed,
b)Sketch showing the location of the fence or wall on the property,
c)A description of the materials to be used in the construction of the fence or wall,
d)A description or sketch of the design and dimensions of the fence or wall,
e)Compliance with the provisions of Section 506.07 (Border fence or wall).
20 20
f)Other information as requested by the Zoning Administrator.
1.Application procedure and inspections
The application and inspection process are as follows (unless waived by the city):
1.The application shall be reviewed by the City Building Inspectorfor issuance of a
building permit upon a determination that the proposal complies with this Ordinance.
2.Upon approval of a permit but prior to construction or installation of fence or wall an
initial inspection of the property shall be required unless waived by the City. The
property owner shall expose at least two (2) property pins to verify proof of the
property line location at the time of initial inspection.
3.Following approval of the initial inspection the applicant is allowed to construct the
fence in accordance to the approved plans and conditions of the permit.
4.The fence or wall shall be final inspected by the City Building Inspector upon
completion of construction or reconstruction, to assure compliance with this
Ordinance.
Section 506.04: FENCE HEIGHT.
a)Fences and walls located within a residential area shall not exceed the height of
seven feet; except fences located between the front of the residential structure and
the adjacent roadway shall not exceed four three and a half (3 ½) feet.
b)Fences and walls located in a commercial area shall not exceed the height of eight
feet; except no fence shall be permitted in the front yard, unless the fence
enhances the visual appearance of the site/landscaping and the fence does not
exceed two feet in height and is of a reasonable linear length. Chain link fences,
including those with slats are prohibited when visible from the public right of
way.
ces and walls in an industrial area shall not exceed eight feet unless a higher
c)Fen
fence or wall is approved as part of the special use permit allowing the industrial
use; except fences located between the front of the industrial structure and the
adjacent roadway shall not exceed four feet in height.
d)If two different zones abut, the zoning requirements of the property owner
constructing the fence shall control.
Section 506.05: FENCE MATERIALS.
1.Fences constructed in residential zoning districts shall not be constructed with
prohibited materials as listed in Section 506.05 Subd. 4. All wood fences, other
than those constructed out of redwood or cedar shall be stained or painted upon
completion of construction or reconstruction. Chain link fences shall be made out
of a non-rust material.
21 21
2.Decorative, landscape, retaining and/or privacy walls may be constructed out of
stone masonry or brick provided they are: not less than four inches or more than
24 inches in widths. Such walls over four (4) feet in height shall require footings
that support the structure as required by the MN State Building Code.
3.Concrete decorative, landscape, retaining and/or privacy walls shall be prohibited
unless they are formed from decorative and/or colored concrete, less than 24
inches in height and included as part of an overall landscape theme which has
been developed.
3.The following materials are prohibited for fences:, but not limited to:
a.Barbed wire and electrical fences, except in agricultural districts;
b.Creosote lumber;
c.Chicken wire;
d.Woven or welded wire, except in the industrial district
e.Snow Fences, except in the Agricultural/Rural Residential District
f.Plastic webbing, except when used for police control. This shall not
prohibit the use of plastic materials intended to resemble wood products;
g.Makeshift, flimsy materials, or material such as paper, twine, rope, wood
pallets, tin, except when used for traffic control or police security.
4.Decorative, landscape, retaining and/or privacy walls may be constructed out of
stone masonry or brick provided they are: not less than four inches or more than
24 inches in widths. Such walls over four (4) feet in height shall require footings
that support the structure as required by the MN State Building Code.
5.Concrete decorative, landscape, retaining and/or privacy walls shall be prohibited
unless they are formed from decorative and/or colored concrete, less than 24
inches in height and included as part of an overall landscape theme which has
been developed.
6.Other materials which are not specifically allowed by this Section, nor
specifically prohibited may be permitted subject to City Council review and
approval.
Se
ction 506.06: FENCE PLACEMENT
1.Fences that are not maintenance free can be placed directly on the shared property
line provided the adjacent property owner (s) provide written consent in the form of a
notarizedsignature at the time of permit application. If adjacent property owner (s) do
not provide written consent then the fence shall be placed at least two (2) feet off the
shared property line. Fences that are maintenance free can be constructed on the
shared property line without notarized signature. Maintenance free for the purposes of
this section shall mean: stone, brick, stucco, vinyl, plastic, or chain-link which is
finished with a rust resistant material.
22 22
2.No fence shall be constructed that is lessthan two feet and parallel to an existing
fence so as to create an area between the fences which has limited accessibility for
purposes of maintenance.
3.Fences shall only be allowed in the side and rear yards except decorative fences may
be allowed in the front yard provided they are no higher than three and a half (3 ½)
feet and are not designed to enclose the entire front yard.
4.Fences shall not extend into public right-of-way and be setback a minimum of ten
(10)feet from the surface of any street.
5.Fences shall be setback at least two (2) feet from any trail, or sidewalk.
6.The finished side of the fence shall face adjacent property.
Section 506.07: LIVING FENCES. Living fences may be constructed out of trees or
shrubs. Trees and shrubs used as fencing are not restricted in height; except the height of the
living fence located to the front of a residential structure shall not exceed four feet. The owner
of the property adjacent to a living fence may trim or prune that part of the tree or shrub which
extends across the property line over his or her property. Living fences do not require a permit.
Section 506.08: BORDER FENCE OR WALL.
a)A fence or wall constructed of maintenance-free materials may be constructed
adjacent to the property line so long as all parts of the fence, including post
anchors, are located within the property of the owner and so long as the bottom of
the fence (exclusive of posts or anchors) is at least two inches above the ground.
For purposes of this paragraph, the term "maintenance-free materials" shall
include stone, brick, stucco, vinyl, plastic, or chain-link which is finished with a
rust resistant material.
b)Fences and walls shall be constructed at least two feet inside the property line or
adjacent to the property line, unless the, fence or wall is constructed of
maintenance-free materials in accordance with paragraph (a) of this section.
c)For any fence or wall located within six feet of a property line, that side of the
fence which presents the most finished appearance, shall be the side which faces
the adjacent property.
d)No fence shall be constructed which is approximately parallel to an existing
fence, and closer than two feet so as to create an area between the fences which
has limited accessibility for purposes of maintenance.
Section 506.08: VARIANCE. Provisions of this ordinance may be varied by the City
Council upon application, and after consideration and hearing by the Planning Commission with
recommendation to the City Council. A fence variance application fee may be established by
resolution of the City Council.
Section 506.9: PRE-EXISTING FENCES. This Ordinance shall apply only to fences
and walls constructed or reconstructed after July 1, 2012. Any pre-existing fence that does not
23 23
conform with the provisions thereof shall not be altered, extended or reconstructed replaced
except in conformance with this Ordinance.
Section 506.10: MAINTENANCE OF FENCE.
a)All fence and walls located within the City shall be maintained in a safe
condition. The owner of the property on which a fence or wall is located shall be
responsible for the maintenance and repair of the fence.
b)No fence or wall may be maintained in a location which obstructs the ability of a
driver of a motor vehicle to see other drivers or pedestrians on any street or alley.
Section 506.11: EMERGENCY ACCESS TO FENCED AREAS. An access opening for
emergency entrance shall be incorporated into any fenced areas within which a building is totally
or partially located. For residential use property, the access opening shall be at least four (4) feet
in width. For commercial or industrial use property, the access opening shall be at least fourteen
(14)feet in width. A gate or unfenced area shall qualify as an access opening if of sufficient
width.
Section 506.12: RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS. Fences
may only be erected over an easement if the landowner meets the requirements of St. Joseph
Ordinance Section 302.03(b). If the request for the fence is approved, the City retains the right
to require the landowner to remove or abate the fence where the fence interferes in any manner
with the City’s easement use. If there is an emergency necessitating immediate access to the
easement, the City reserves the right to remove the fence to obtain access to the easement. The
landowner shall bear all costs for removal and restoration of the fence in the event the landowner
is required to remove the fence for access to the easement or in the event the City removes the
fence in the case of an emergency. The City specifically reserves all rights of an easement
holder afforded under the common law of the State of Minnesota.
Section 506.13: PENALTIES/REMEDIES. Violation of this ordinance shall constitute a
misdemeanor as defined in this Code of Ordinance. When conditions are made a part of the
terms under which this permit is granted, violation of the conditions is a violation of this
ordinance. The City of St. Joseph may also seek civil remedies, including but not limited to a
Court order directing maintenance or removal of the fence or injunctive relief prohibiting
construction or maintenance of a fence in violation of this ordinance.
Effective Date: This ordinance amendment shall be in full force and effect from and after passage and
publication according to the state law.
Repeal: This ordinance shall repeal all ordinances inconsistent herewith.
______________________________________________________
Rick Schultz, Mayor
_______________________________________________________
Therese Haffner, City Administrator
24 24
CHAPTER III – PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 302 LIMITING ACTIVITIES IN PUBLIC EASEMENTS ........................... 302-1
Section 302.01: PURPOSE ............................................................................................. 302-1
Section 302.02: DEFINITIONS...................................................................................... 302-1
Section 302.03: LIMITATION OF ACTIVITIES IN AREA OF EASEMENT ............ 302-2
Section 302.04: PRE-EXISTING USES ........................................................................ 302-3
Section 302.05: ENFORCEMENT ................................................................................. 302-3
Section 302.06: PENALTY ............................................................................................ 302-4
Section 302.07: EFFECTIVE DATE .............................................................................. 302-4
302-0
25 25
CHAPTER III – PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 302 LIMITING ACTIVITIES IN PUBLIC EASEMENTS
Section 302.01: PURPOSE. This ordinance is enacted for the purpose of controlling the
use of property in the City of St. Joseph on which the City holds an easement for utility, road
way, drainage, sidewalk, and other public purposes. This Ordinance has been enacted to require
the owners of property containing a public easement to use the property in a manner consistent
with the grant of the easement and assure the City of reasonable access onto the easement in an
emergency situation. This Ordinance recognizes the need to maintain public easements free of
obstructions and accessible, while allowing non-conflicting uses by the property owner.
Section 302.02: DEFINITIONS. For purposes of this ordinance, the following terms
have the stated meanings:
a)Landowner. Shall mean the fee owner(s), tenants or occupiers of a parcel of
property over, on or under which the City holds a public easement.
b)City. Shall mean the City of St. Joseph, Minnesota.
c)Easement. Shall mean a public easement of any type, including but not limited to
an easement for utility, drainage, roadway, ingress/egress, sidewalk, boulevard
and other public purposes. The area of an easement shall not be limited to that
portion of the easement actually put to use, but shall extend to the entire easement
as described in the grant or dedication, including roadway ditches and boulevards
lying within the designated areas.
d)Pre-Existing Use. Means a use or activity existing within an easement at the time
this ordinance was enacted.
e)City's Easement Use. Shall be any use which the City is authorized to maintain
by the grant or dedication of the easement as construed in accordance with the
laws of the State of Minnesota.
f)Boulevard. Shall mean that portion of a street or road easement located outside of
the portion of the easements which is actually improved for street or road
purposes and used for vehicular traffic or the parking of vehicles. With respect to
streets or roads improved with curbing, the boulevard shall be that portion of the
easement separated from the improved portion of the street or road by the curbing.
g)Utility Easement. Shall mean any public easement which affords the City the
right to install, locate or maintain any public utility, including but not limited to
302-1
26 26
CHAPTER III – PUBLIC PROPERTY & IMPROVEMENTS
sanitary sewer lines, water lines, storm sewer lines, gas lines, electrical cables,
and cable television.
Section 302.03: LIMITATION OF ACTIVITIES IN AREA OF EASEMENT.
The following activities by the owner are permitted in an easement:
Lawn.
Vegetable or flower garden.
Maintenance of lawn ornaments, lawn furniture, recreation and play
equipment and game apparatus which are not affixed or anchored to the
ground.
Driveway and sidewalks.
The use and maintenance of (a) (1, 2, 3) above by the landowner and
guests in a regular and intended manner.
All other uses, unless specifically permitted herein, shall be considered prohibited
and shall not be maintained on or in an easement, except by written permit
granted by the City after application pursuant to the following procedures:
The landowner shall submit a written request to the City
Clerk/Administrator describing the easement to be affected and the
proposed use for which permit is sought, together with an administration
fee as may be set by resolution of the City Council.
The City Clerk/Administration shall refer the request to the City
Maintenance Supervisor for consideration and recommendation. If the
easement to be affected by the request is a utility easement, the request
shall also be referred to the City Engineer for consideration and
recommendation;
Based upon the recommendations received from the Maintenance
Supervisor and City Engineer, the City Administrator/Clerk shall make a
recommendation to the Public Works Director and the Public Works
Director shall approve or deny the request, taking into consideration the
stated purpose of this ordinance. Any approval must be accompanied by
specific conditions or modifications to the original request as deemed
appropriate to protect the City's interests; the permit must contain the
specific conditions to protect the City’s interests.
Fences may only be erected over an easement if the landowner meets the
requirements of Section 302.03(b). If the request for the fence is
302-2
27 27
CHAPTER III – PUBLIC PROPERTY & IMPROVEMENTS
approved, the City retains the right to require the landowner to remove or
abate the fence where the fence interferes in any manner with the City’s
easement use. If there is an emergency necessitating immediate access to
the easement, the City reserves the right to remove the fence to obtain
access to the easement. The landowner shall bear all costs for removal
and restoration of the fence in the event the landowner is required to
remove the fence for access to the easement or in the event the City
removes the fence in the case of an emergency. The City specifically
reserves all rights of an easement holder afforded under the common law
of the State of Minnesota.
c)Nothing stated herein shall deny the City the right to request a landowner to
remove or abate any permitted use or activity existing in the easement where the
use or activity directly interferes in any manner with the City's easement use, if
the City is currently engaging in the use or intends on engaging in the use. The
City specifically reserves all rights of an easement holder afforded under the
common law of the State of Minnesota.
Section 302.03 amended 12/06
Section 302.04: PRE-EXISTING USES.
a)A preexisting use, which is not otherwise specifically permitted by this ordinance,
shall be discontinued and removed from the easement within 60 days of
enactment of this ordinance, except as provided below:
b)The following prohibited pre-existing uses shall be allowed to continue under the
terms set forth in paragraph (c) herein:
1.Trees, shrubs, bushes and fences which are not inconsistent or interfering
with and the City's easements use.
2.Structures or buildings which are not inconsistent or interfering with the
City's easement use.
c)N
o pre-existing prohibited uses, allowed to be continued under paragraph (b) of
this section, shall be enlarged, nor shall they be altered, improved, repaired or
restored. If the pre-existing prohibited use is discontinued or substantially
destroyed, the right to maintain the pre-existing prohibited use is lost.
Section 302.05: ENFORCEMENT.
a)The City Maintenance Supervisor shall serve as compliance officer to provide
inspection and enforcement of this ordinance. When the Maintenance Supervisor
becomes aware of a violation of this ordinance, the violation shall be reported to
the City Council which shall direct the Clerk/Administrator to send written notice
of the violation to the landowner directing the landowner to bring the property
302-3
28 28
CHAPTER III – PUBLIC PROPERTY & IMPROVEMENTS
into compliance with the ordinance within 30 days. The Maintenance Supervisor
shall inspect the property at the end of the 30 day compliance period, ad if the
property has not been brought into compliance, the Maintenance Supervisor shall
notify the police department to issue a complaint and request the issuance of a
criminal citation.
f the landowner refuses to remove or abate a prohibited use within the easement,
b)I
or if a pre-existing use permitted under Section 302.04 (b) interferes with the
City's easement use, in addition to the procedure set forth in Section 302.05(a),
the City may take any reasonable steps to remove or abate the use and assess the
cost of removal or abatement to the property.
c)The City shall not be liable for any damage to the property of the landowner in the
easement or damage to any structures located in the easement which are removed
or abated in the City while engaging in the City's easement use.
Section 302.06: PENALTY. A violation of this ordinance shall constitute a
misdemeanor and shall be punishable as such.
Section 302.07: EFFECTIVE DATE. For purposes of determining preexisting uses, this
ordinance became effective September 1, 1990.
302-4
29 29
Planning Commission Agenda Item 7a
MEETING DATE:
th
April 12, 2021
AGENDA ITEM:
7a
SUBMITTED BY:
Community Development
STAFF RECOMMENDATION:
None at this time
PREVIOUS PLANNING COMMISSION ACTION:
Planning Commission has not discussed this item before.
BACKGROUND INFORMATION:
Staff has received an inquiry regarding potential installation of a mural. Of question is can murals
constitute a “sign” as defined by City code. A sign is defined as:
“Sign: Any writing, pictorial presentation, number, illustration or decoration, flag or other device that is
used to announce, direct attention to, identify, advertise, or otherwise make anything known. The term
“sign” shall not be deemed to include the terms “building” or “landscaping,” or any architectural
embellishment of a building not intended to communicate information.”
Murals can take many forms from visual depictions of people/places/things to specific verbiage of words
therefore they can be art, an enhanced sign meant to advertise, or a combination of both. Most litigation
involving murals gets fought based on the definition of a sign and whether a mural fits the definition.
Questions to consider:
Should the ordinance be amended to clarify how a mural is defined or changes to how a sign is
defined?
Can murals be defined as a sign with current code language? Or are they exempt?
BUDGET/FISCAL IMPACT:
None
ATTACHMENTS:
1.Sign regulations
REQUESTED PLANNING COMMISSION ACTION:
Feedback and direction to staff.
30 30
ORDINANCE 502 – ZONING ORDINANCE
ion 502.11: SIGNS
Sect
Subd. 1: Purpose. The sign ordinance is intended to establish a comprehensive and
balanced system of sign control that accommodates the need for a well-maintained, safe, and
attractive community, and the need for effective communications including business
identification. It is the intent of this section to promote the health, safety, general welfare,
aesthetics, and image of the community by regulating signs that are intended to communicate to
the public, and to use signs that meet the City’s goals. The purpose and intent of this ordinance is
to:
a)Regulate the number, location, size, type, illumination and other physical
characteristics of signs within the city in order to promote the public health, safety
and welfare.
b)Establish standards which permit all persons the opportunity to display a wide
variety of messages; to preserve and protect the value of land, buildings and
landscapes and promote the attractiveness of the community; to ensure that signs
in the City are not a safety hazard to lives and/or property, to preserve order and
to encourage persons to erect permanent signs and discourage temporary and/or
portable signs.
c)Improve the visual appearance of the City while providing for effective means of
communication, consistent with constitutional guarantees and the City’s goals of
public safety and aesthetics.
d)Provide for fair and consistent enforcement of the sign regulations set forth herein
under the zoning authority of the City.
Subd. 2. Findings. The City of St. Joseph finds it is necessary for the promotion and
preservation of the public health, safety, welfare, and aesthetics of the community that the
construction, location, size, and maintenance of signs be controlled. The City Council hereby
finds as follows:
a)Exterior signs have a substantial impact on the character and quality of the
environment.
b)Signs provide an important medium through which persons may convey a variety
of messages.
c)Signs can potentially create traffic hazards, aesthetic concerns, and detriments to
property values, thereby threatening the public health, safety, and welfare.
502.11-1
31 31
ORDINANCE 502 – ZONING ORDINANCE
d)The city’s zoning regulations include the regulation of signs in an effort to
provide adequate means of expression and to promote the economic viability of
the business community, while protecting the City and its citizens from a
proliferation of signs of a type, size, and location that would adversely impact
upon the aesthetics of the community and threaten the health, safety and welfare
of the community. The regulation of the physical characteristics of signs within
the City has had a positive impact on traffic safety and the appearance of the
community.
Subd. 3: Effect. A sign may be erected, mounted, displayed, or maintained in the City if
it is in conformance with the provisions of this ordinance. The effect of this ordinance, as more
specifically set forth herein, is to:
a)Allow a wide variety of sign types in commercial zones, and a more limited
variety of sign types in other zones, subject to the standards set forth in this sign
ordinance.
b)Allow certain small, unobtrusive signs incidental to the principal use of a site in
all zones when in compliance with the requirements of this sign ordinance.
c)Prohibit signs whose location, size, type, illumination, or other physical
characteristics negatively affect the environment and where the communication
can be accomplished by means having a lesser impact on the environment and the
public health, safety and welfare.
d)Provide for the enforcement of the provisions of this sign ordinance.
Subd. 4: Severability. If any section, subsection, sentence, clause, or phrase of this Sign
Ordinance is for any reason held to be invalid, such invalidity shall not affect the validity or
enforceability of the remaining portions of this Sign Ordinance. The City Council hereby
declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or
phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses, or phrases be declared invalid.
Subd. 5: Definitions. The Following words and terms shall have the meanings ascribed
to them in this section:
a)Sign: Any writing, pictorial presentation, number, illustration or decoration, flag
or other device that is used to announce, direct attention to, identify, advertise, or
otherwise make anything known. The term “sign” shall not be deemed to include
the terms “building” or “landscaping,” or any architectural embellishment of a
building not intended to communicate information.
b)Awning sign: A sign constructed of flexible translucent or fabric-type material
that incorporates a written message or logo on the exterior.
502.11-2
32 32
ORDINANCE 502 – ZONING ORDINANCE
c)Balloon sign: A sign consisting of a bag made of lightweight material supported
by helium hot or pressurized air which is greater than twenty four 24 inches in
diameter.
d)Banner: attention-getting device which is of a nonpermanent paper, cloth, vinyl,
or plastic like consistency used to promote a specific community event.
e)Ballpark sign: a sign (1) securely attached to the outfield fences of a ballpark, (2)
whose content can only be viewed from the ‘in-play’ side of the fencing, (3)
whose size does not cause it to extend in any direction beyond the boundaries of
the fencing that supports it, (4) that poses no danger of cuts or other injury to
persons using said ballpark for its intended purposes, and (5) that does not
otherwise interfere with persons using said ballpark for its intended purposes.
f)Billboard. A free standing sign which directs attention to a business, commodity,
service or entertainment not exclusively related to the premises where such is
located or to which it is affixed.
g)Canopy: a roof like cover often of fabric plastic metal or glass on a support which
provides shelter over a doorway.
h)Construction Sign: Any non-illuminated sign that
displays information regarding the construction or
development of the site on which it is displayed.
i)Directional Sign: A sign intended to facilitate the safe
movement of pedestrians and vehicles into, out of, and
around the site on which the sign is located.
j)Dynamic Sign: Any characteristics of a sign that appear
to have movement or that appear to change, caused by any method other than
physically removing and replacing the sign or its components, whether the
apparent movement or change is in the display, the sign structure itself, or any
other component of the sign. This includes a display that incorporates a
technology or method allowing the sign face to change the image without having
to physically or mechanically replace the sign face or its components. This also
includes any rotating, revolving, moving, flashing, blinking, or animated display
and any display that incorporates rotating panels, LED lights manipulated through
digital input, “digital ink,” or any other method or
technology that allows the sign face to present a series of
images or displays.
k)Freestanding Sign: Any sign not affixed to a building
including but not limited to a ground sign, or monument
sign.
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ORDINANCE 502 – ZONING ORDINANCE
l)Flashing Sign: a directly or indirectly illuminated sign which exhibits changing
light or color effect by any means so as to provide intermittent illumination which
includes the illusion of intermittent flashing light by means of animation. Also
any mode of lighting which resembles zooming, twinkling, or sparkling.
m)Height of Freestanding Sign: actual distance from the average horizontal grade at
the base of the sign to the highest point of the sign, including any structure or
architectural component of the sign.
n)Illuminated Sign: any sign which has characters, letter figures, designs,or outlines
illuminated by electric lights or luminous tubes as part of the sign proper or by
indirect lighting.
quee: any permanent roof like structure projecting beyond a building or
o)Mar
extending along and projecting beyond the wall of that building generally
designed and constructed to provide protection from the weather.
p)Mobile Sign (Portable Sign): any sign designed or intended
to be moved or transported by trailer or on wheels. A sign
may be a mobile sign even it if has wheels removed, was
designed without wheels, or is attached temporarily to the
ground, a structure, or other sign.
q)Monument Sign: any free standing sign in which the entire
base of the sign structure is in contact with the ground,
providing a solid and continuous background for the sign.
r)Off-premise sign: any sign which directs the attention of the
public to a business, activity conducted, or product sold or
offered at a location not on the same lot where such sign is located. For purposes
of this sign ordinance, easements and other appurtenances shall be considered to
be outside such lot and any sign located or proposed to be located in an easement
or other appurtenance shall be considered an off-premise sign.
s)Painted Sign: any sign painted directly on the outside wall or roof of a building or
on a fence, rock, or similar structure or feature in any zoning district.
t)Pole Sign: see Pylon Sign.
u)Portable Sign: see Mobile Sign.
v)Projecting Sign: any wall sign that protrudes horizontally
more than one (1) foot from the wall to which it is attached.
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ORDINANCE 502 – ZONING ORDINANCE
w) Pylon Sign: any freestanding sign which has its supportive structures anchored in
the ground and which has a sign face elevated above ground level by poles or
beams and with the area below the sign face open.
x) Sandwich Board Sign: any freestanding sign which is composed of two pieces of
flat, rigid material in the shape of a square or rectangle that are hinged at the top
and whose bottom edges rest on the ground so as to create a triangular shape
when being displayed.
y)Shimmering Signs:anysign which reflects an oscillating, sometimes distorted,
visual image.
z)Temporary Sign: any sign that is not permanently affixed to
the ground, a sign that is not permanently affixed to any other
permanent structure that is in turn affixed to the ground, or a
sign that is capable of being moved by mechanical or non-
mechanical means, including sandwich board signs.
aa)Wall: any structure which defines the exterior boundaries or
courts of a building or structure and which has a slope of sixty (60) degrees or
greater with the horizontal plane.
bb) Wall Sign: any building sign attached parallel to, but within eighteen (18) inches
of a wall, painted on the wall surface of, or erected and confined within the limits
of an outside wall of any building or structure, which is supported by such wall or
building, and which displays only one (1) sign surface.
cc)Window Sign: any sign placed on the interior of a
window or painted on a window such that it can be read
from the outside of the building.
Subd. 6: Permit Required. No sign shall be erected, altered, reconstructed, maintained or moved
in the city without first securing a permit from the city. The Zoning Administrator shall approve
or deny the sign permit in an expedited manner no more than 60 days from the receipt of the
complete application, including applicable fee. All permits not approved or denied within 60
days shall be deemed approved. If the permit is denied, the issuing authority shall prepare a
written notice of denial within 10 days of its decision, describing the applicant’s appeal rights
and send it by certified mail, return receipt requested, to the applicant. The content of the
message or speech displayed on the sign shall not be reviewed or considered in determining
whether to approve or deny a sign permit. Application for a permit shall be in writing, addressed
to the Zoning Administrator, and shall contain the following information:
a)names and addresses of all applicants and/or owners of the sign and subject
property ;
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ORDINANCE 502 – ZONING ORDINANCE
b) the address at which any signs are to be erected;
c) the lot, block, and addition at which the signs are to be erected and the street on
which they are to front;
d) a complete set of plans, showing the necessary elevations, distances, size, and
details to fully and clearly represent the construction and place of the signs;
e) the cost of the sign;
f) type of sign (i.e. wall sign, monument sign, etc.);
g)certification by applicant indicating the application complies with all
requirements of the sign ordinance; and
h) if the proposed sign is along a state trunk highway or interstate highway, the
application shall be accompanied by proof that the applicant has obtained a permit
from the state for the sign.
i)Fee. A fee set forth by resolution applies to a permit for signs and shall be
submitted with the required application.
Subd. 7: General Provisions. The following regulations shall apply to all signs hereafter
permitted:
a) Signs shall not be permitted within the public right of way or easements, except as
erected by an official unit of government or public utilities for the direction of
traffic or necessary public information, unless approved by the appropriate
government entity or as set forth in Subd. 26 of Section 502.11, as may be
amended, and pertaining to community event banners.
b) The design and materials of any sign shall be consistent with the building
materials requirements of the district in which the sign is located, and shall be the
same as, or compatible with, the materials and design of the principal building(s)
on the property.
c) Signs shall not be constructed or maintained in a manner which obstructs traffic
visibility.
d)No sign shall be placed that resembles any official marker erected by a
governmental agency or shall display such words as “stop” or “danger.”
e) No sign shall be permitted to obstruct any window, door, fire escape, stairway or
opening intended to provide light, air, ingress, or egress for any building or
structure.
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ORDINANCE 502 – ZONING ORDINANCE
f) One (1) sign, regardless of its type, shall be permitted on each parcel of property
in any residential district, and such signs shall be limited to an overall area of six
(6) square feet.
g)The following types of signs are not permitted in any residential district:
1. Awning signs
2.Marquee signs
3. Balloon signs
4. Pole signs
5. Canopy signs
6. Pylon signs
7.Flashing signs
8.Shimmering signs
9.Wall sign
h) Pylon signs and off-premise signs shall only be permitted in the designated
corridors included in Exhibit “A” of this Ordinance.
i)Monument Signs: The base of the sign shall be constructed of a permanent
material such as concrete, block, or stone. The sign face shall occupy at least 50%
of the monument sign. Signs shall be the same as, or compatible with, the
materials and design of the principal building(s) on the property.
j) Signs which may be or may hereafter become rotted, unsafe, or unsightly shall be
repaired or removed by the property owner or lessee of the property upon which
the sign stands upon notice by the Building Inspector. The owner, lessee, or
manager of any sign that contacts the ground and the owner of the land on which
the same islocated shall keep grass, weeds, and other growth cut and shall
remove all debris and rubbish from the lot on which the sign is located. If the
owner, licensee, or lessee of the property fails to act in accordance with this
paragraph, the City may remove the sign in question upon the direction of the
City Council, and all costs incurred for removal may be charged to the owner of
the sign and if unpaid, certified to the County Auditor as a lien against the
property on which the sign was located.
k) No sign shall project more than three (3) feet over a public sidewalk and shall be a
minimum of ten (10) feet above the average ground level directly beneath the
sign.
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ORDINANCE 502 – ZONING ORDINANCE
l)Signs shall not be located on the roof of a building.
igns that are painted directly on the surface of a building may be permitted in
m)S
business zoning districts provided that the area of the painted sign be calculated as
part of the maximum total permitted wall sign area for the building.
n)No sign shall violate the side or rear yard setback requirements of the district in
which it is placed. No sign shall be placed within ten (10) feet of a front lot line.
o)Except for monument signs and temporary signs, the surface area of the base of
any sign shall not exceed 25% of the face area unless structural engineering
illustrates the face cannot meet the wind loading requirements of the Building
Code.
p)Ballpark signs shall be allowed only on those ballparks that are primarily used to
host baseball and/or softball games.
Subd. 8:Illuminated Signs:Illuminated signs shall be shielded to prevent lights from
being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and
may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any
adjacent properties, building, or streets.
Subd. 9: Square footage Calculation (Total Area= A x B):
a)For wall signs, the area of a sign shall be that area within the marginal lines
created by the sign surface which bears the advertisement or, in the case of
messages, figures, or symbols attached directly to the part of a building, which is
included in the smallest rectangular figure which can be made to circumscribe the
message, figure, or symbol displayed thereon.
b)For monument signs, area shall be calculated as for wall signs. Structural
members of the sign, including supports or other decorative features shall not be
considered as a part of the measured signarea:
1.For pylon signs, the entire area of the sign face or cabinet shall be
considered as a part of the measured sign area. Structural supports,
provided that they have no message or other graphics, shall be exempt
from the area calculation.
Subd. 10: Landscaping: A site plan shall be submitted as part of any application for a
freestanding sign which includes plans for the landscaping of the area near the sign, and which
demonstrates that the sign will complement the existing or proposed general site landscaping of
the property.
Subd. 11: Vehicle Fuel Facilities:Signs for vehicle fuel facilities shall be regulated by the
sign provisions for the zoning district in which the facility is located, except that within a
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ORDINANCE 502 – ZONING ORDINANCE
freestanding sign, an area not to exceed sixteen (16) square feet shallbe allowed for continuous
display (no flashing, scrolling or other animation) of electronic or non-electronic changeable
copy identifying current fuel prices in accordance with Minnesota State Statutes Section
239.751, as may be amended.
Subd. 12: Dynamic Displays
a)Findings: Based on studies related to the use of dynamic sign displays and driver
distraction, the City finds that dynamic signs, as defined by this Section have a
unique potential to create driver distraction, a major cause of traffic crashes. As a
result, the City has adopted special regulations that relate to such signs. These
regulations shall apply to all dynamic signage in the City, whether new or
existing, conforming or non-conforming at the time of adoption of this Ordinance.
b)Regulations governing Dynamic Sign Displays:
1. Dynamic sign displays shall have messages that change instantaneously,
and do not fade, dissolve, blink, or appear to simulate motion in any way.
Prohibited blinking signs shall include signs which are displayed as
continuous solid messages for less than the time required by subpart (d) of
this subsection below. The exception to this regulation is the allowance of
messages that appear to scroll horizontally across the sign, but are
otherwise in compliance with the requirements of this ordinance.
2.Dynamic sign displays shall not be permitted in any Residential zoning
district.
3.Dynamic sign displays shall be permanent signs.
4. No dynamic sign display shall change more than one time per three (3)
second period.
5.Dynamic sign displays shall be no brighter than other illuminated signs in
the same district.
6.Dynamic sign displays shall be designed to freeze the display in the event
of malfunction, and the owner shall discontinue the display immediately
upon malfunction, or upon notice from the City that the display violates
the City’s regulations.
7.No dynamic sign display shall be permitted to be located in a yard or on
the side of a building which abuts a residentially zoned parcel.
Subd. 13: Temporary Signs.
a) Fee. A fee set forth by resolution applies to a permit for temporary or portable
signs.
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ORDINANCE 502 – ZONING ORDINANCE
b) Maximum Size. The maximum size of a portable or temporary sign is sixty-four
(64) square feet; except that the maximum size of a portable or temporary sign in
any residential zoning district is limited to six (6) square feet.
c) Duration. The duration of time that a portable or temporary sign can be located
on a property is limited to forty (40) days in any one calendar year only after
application has been approved for location and placement.
d) Illuminated Signs. Illuminated signs, whether temporary or portable, shall have a
recognized seal of approval of listing from Underwriters Laboratories Inc. (UL)
or other recognized electrical standard and installed in conformance with the
listing or, if more restricted, the National Electrical Code as adopted by the State
of Minnesota.
e) One Sign Per Parcel. There shall be no more than one temporary or portable sign
per parcel of property. In the event that there are multiple tenants on a single
parcel of property on which temporary or portable signs are allowed, not more
than two portable signs shall be located on the parcel at any given time. One
portable sign will be allowed per strip mall site within the B-2 district.
f) Ground Fault Circuit Interpreters. The internal wiring of an illuminated outdoor
sign that is temporary or portable and readily accessible shall be supplied from,
and protected by, ground fault circuit interpreters.
g) Extension Cords. Extension cords used to supply power to portable or temporary
signs shall be enclosed in metal conduit or elevated at least nine (9) feet above the
ground to prevent tripping or electrical hazards.
h) Anchors. Anchors for portable or temporary signs shall be subject to approval by
the Building Inspector and maintained to prevent displacement or tipping over
during high winds.
Subd. 14: Exemptions.
The following sign shall not require a permit. This exemption,
however, shall not be construed as relieving the owner of the sign from the responsibility of its
erection and maintenance, and its compliance with the provisions of this ordinance or any other
law or ordinance regulating the same. The exemption is as follows: The changing of the display
surface on a painted or printed sign only. This exemption, however, shall apply only to poster
replacement and/or on-site changes involving sign painting elsewhere than directly on a building.
Subd. 15: Design Standards for Residential Zoning Districts. The general provisions of
Section 502.11 apply to all signs within Residential Zoning District. In addition the following
standards apply.
a)General Provisions applying to all residential zoning districts:
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ORDINANCE 502 – ZONING ORDINANCE
1. No sign shall be placed closer than ten feet (10’) to any front property line,
except direction signs which have a zero foot (0’) setback. No sign shall
be placed within a required side or rear setback.
2. No sign shall be placed in any required interior side yard.
3. No sign shall be mounted on the roof of a building.
4.Flashing or rotating signs resembling emergency vehicles shall not be
permitted.
5. Illuminated signs are not allowed.
b) R-1 Single Family Residence District and R-2 Two Family Residential District:
1. No advertising or business signs shall be permitted, except signs
advertising a permitted home occupation limited to an overall area of six
(6) square feet.
2.Subdivision Monument Sign: One unlighted sign having a surface area not
exceeding fifty square feet (50’) per face with an aggregate total of one
hundred (100) square feet and a height not exceeding eight feet (8’) per
vehicle entrance identifying each subdivision or housing development.
Such signs are subject to the following provisions:
A.Landscaping must be provided around the base of the sign.
B.The entrance to a development shall be one that abuts a collector or
arterial road.
c)R-3 Multiple Family Residential District and R-4 Townhouse/Patio Home
Residential District and R-5 Supportive Care District:
1. No advertising or business signs shall be permitted, except signs
advertising a permitted home occupation limited to an overall area of six
(6) square feet.
2. Subdivision Monument Sign: One unlighted sign having a surface area not
exceeding fifty square feet (50’) per face with an aggregate total of one
hundred (100) square feet and a height not exceeding eight feet (8’) per
vehicle entrance identifying each subdivision or housing development.
Such signs are subject to the following provisions:
A.Landscaping must be provided around the base of the sign.
B.The entrance to a development shall be one that abuts a collector or
arterial road.
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ORDINANCE 502 – ZONING ORDINANCE
3.One area identification sign for each multiple-residential complex
consisting of three or more units.
A.Such signs shall have a surface area of all faces not exceeding an
aggregate of fifty (50) square feet.
B.The height of the sign shall not exceed eight (8) feet.
C.Landscaping must be provided around the base of the sign.
4.Wall Sign: One wall sign shall be allowed for the purpose of street
identification. Such sign cannot exceed twelve (12) square feet.
Subd. 16: Permitted On PremiseSigns; Business Districts.On-premiseidentification,
business or area identification signs are permitted. Nearby residents shall be protected from
direct light if these signs are illuminated. The following provisions apply to all Business
Districts.
a)Wall Signs. Each tenant other than those in multi-tenant buildings may have one
flat wall sign. Such signage may extend from the face of the roof over a covered
walk. Such wall signs shall not exceed the maximum allowed in each zoning
district as defined in this Ordinance.
b) Monument Signs. Each tenant other than those in multi-tenant buildings may
have a monument sign that shall not exceed the maximum allowed in each zoning
district as defined in this Ordinance and twenty ( 20) feet in height, and is
setback a minimumten (10) feet from the property lines.
c) Multi-Tenant Wall Signs. Each tenant in a multi-tenant building may have a flat
wall sign. Such multi-tenant wall signs shall not exceed the maximum allowed in
each zoning district as defined in this Ordinance
d) Multi-Tenant Monument Signs. One (1) monument sign shall be permitted for
each multi-tenant building provided the surface area of the sign does not exceed
one-hundred (100) square feet, per side, and twenty (20) feet in height, andis
setback in no case less thanten (10 )feet from the property lines. The area may be
increased to a maximum of one hundred and fifty (150) square feet per side for
developments of over twenty (20) acres.
e) Canopies and Awnings. The design of canopies shall be in keeping with the
overall building design in terms of location size and color. No canopies with
visible wall hangers shall be permitted. Signage on canopies may be substituted
for allowed building signage and shall be limited to 25% of the canopy area.
Internally-illuminated canopies must be compatible with the overall color scheme
of the building.
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ORDINANCE 502 – ZONING ORDINANCE
f) Signs affixed to principal or accessory structures shall be composed of materials
or textures similar to those of the exterior façade to whichthey are affixed.
Subd. 17: B-1: Central Business District:In the B-1 Central Business District the
following standards apply.
a)Business signs may be erected and maintained in conjunction with a commercial
use provided:
1. Freestanding signs shall have a surface area not exceeding fifty (50)
square feet per sign face with an aggregate total not to exceed one-hundred
(100) square feet if double faced.
2. Such sign except a directional sign, is erected only on the premise on
which the use, to which the sign relates, is conducted.
3. Notwithstanding the above, where two or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates. For the purpose of this
subdivision, a combination of two or more business operations within a
single structure includes, but is not limited to, shopping centers, shopping
malls, and subdivided retail, office or industrial buildings offered for lease
or condominium ownership.
4. All freestanding Business Signs shall be landscaped around the base.
Except for monument signs, the surface area of the base of any Business
Sign shall not exceed twenty-five (25) percentof the face area unless
structural engineering illustrates the face cannot meet the wind loading
requirement of the Building Code.
b) Projecting signs are allowed in the B-1 District directly adjacent to Minnesota
Street and College Avenue provided:
1) The projecting sign does not extend beyond the first floor of the
building.
2) No less than ten (10) feet of clearance is provided between the
highest point of the sidewalk and the lowest point of the projecting
sign.
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ORDINANCE 502 – ZONING ORDINANCE
3) Cumulative projecting sign area is not greater than twelve (12)
square feet and maximum sign width not greater than three (3) feet.
4) Maximum distance between a projecting sign and the building face
doesn’t exceed one (1) foot.
c) Sandwich Board Signs are allowed only in the B-1 District directly adjacent to
Minnesota Street and College provided:
1) No more than one (1) sandwich board sign shall be allowed for
each tenant on a parcel of property.
2) The sandwich board sign does not exceed thirty-six (36) inches in
height or thirty (30) inches in width.
3) The sign is displayed only during normal operating hours of the
business on the parcel of property on which the sign is located.
4) The sign does not require any form of electricity or display lights
or moving parts.
5) That such signs do not block driveways, entryways or pedestrian
accesses, do not significantly occlude the sidewalk and/or do not
impactsightlines/view at street intersections.
6) The sign is made of weather and wind resistant materials of
superior quality.
7) The sign is not affixed to the sidewalk, other signage, or temporary
or permanent structure.
8) The maximum aggregate square footage of allowable sign area is
not exceeded.
9) The sign owner provides proof of liability insurance listing the
City as an additional insured and holding the City harmless at the
same time it applies to the City for a permit for the sign.
d) Wall Signsmay be placed or painted against the exterior wall or surface of a
building or structure and are subject to the following regulations:
1.Wall Signs shall not project above a roof.
2.Wall Signs shallnot exceed one (1) square foot per lineal lot front foot or
fifteen percent (15%) of the building frontage area, or fifty (50) square
feet whicheveris the lesser.
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ORDINANCE 502 – ZONING ORDINANCE
e) Maximum Freestanding Sign height is twenty (20) feet above ground.
Subd. 18: B-2 Highway 75 Business District:In the B-2 Highway 75 BusinessDistrict,
the general provisions of Section 502.11 apply to all signs. In addition the following standards
apply.
a) Freestanding Signs may be erected and maintained provided:
1. Signs shall have a surface area not exceeding one hundred (100) square
feet per sign face with an aggregate total not to exceed two hundred (200)
square feet if double faced.
2.Such sign except a directional sign is erected only on the premise on
which the principal use, to which the sign relates, is conducted.
3.Notwithstanding the above, where two (2) or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates.
For the purpose of this subdivision, a combination of two (2) or more
business operations within a single structure includes, but is not limited to,
shopping centers, shopping malls, and subdivided retail, office or
industrial buildings offered for lease or condominium ownership.
4.All Freestanding Signs shall be landscaped around the base. Except for
monument signs, the surface area of the base of any Freestanding Sign
shall not exceed twenty-five (25) percent of the face area unless structural
engineering illustrates the face cannot meet the wind loading requirement
of the Building Code.
5. The maximum height of a Freestanding Sign shall be twenty (20)feet.
b) Wall signs may be placed or painted against the exterior wall or surface of a
building or structure and are subject to the following regulations:
1.That the wall sign does not exceed one fifteen percent (15%) of the
building frontage area or seventy five (75) square feet, whicheveris the
greatest.
2. Wall signs shall not project above the roof.
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ORDINANCE 502 – ZONING ORDINANCE
Subd. 19: B-3 General BusinessDistrict:The general provisions of Section 502.11 apply
to all signs within the B-3 General Business District. In addition the following standards apply.
a)Wall Signs. Wall signs may be placed or painted against the exterior wall or
surface of a building or structure and are subject to the following regulations:
1.That the wall sign doesnot exceed one and one half (1 1/2 ) square feet
per lineal lot front foot or fifteen percent (15%) of the building frontage
area or seventy five (75) square feet, whichever is the greatest.
2.Wall signs shall not project above the roof.
b)Freestanding Signs may be erected and maintained in conjunction with a principal
use provided:
1.Si
gns shall have a surface area not exceeding one hundred (100) square
feet per sign face with an aggregate total not to exceed two hundred (200)
square feet if double faced.
2.Such Freestanding Sign,except a Directional Sign, is erected only on the
premise on which the principal use, to which the sign relates, is conducted.
Off Premise Signs are prohibited.
3.Notwithstanding the above, where two (2) or more separate and individual
businesses are conducting business in separate areas of a single building or
structure, in which each operation owns or leases separate and individual
premises, but share in the use and maintenance of common areas within or
around the structure, then and in those circumstances, each individual
business operation may be permitted to display an individual business sign
as provided in subdivision a) and b) of this Section, except that said sign
must be directly attached to that particular premises actually occupied by
the business operation to which the sign relates.
For
the purpose of this subdivision, a combination of two or more business
operations within a single structure includes, but is not limited to,
shopping centers, shopping malls, and subdivided retail, office or
industrial buildings offered for lease or condominium ownership.
4.All Freestanding Signs shall be landscaped around the base, shall blend
into the natural features of the lot on which they are contained and shall be
consistent with the master landscaping plan of the development.
5.Except for Monument Signs, the surface area of the base of any
Freestanding Sign shall not exceed twenty-five (25) percent of the face
area unless structural engineering illustrates the face cannot meet the wind
loading requirement of the Building Code.
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ORDINANCE 502 – ZONING ORDINANCE
6. The maximum height of a Freestanding Sign shall be twenty (20)feet.
c) The following signs are prohibited in the B-3 General Business District:
1.Portable/Mobile/MagneticSigns
2.Beacons, banners, pennants, search lights, and streamers
3.Flashing or Blinking Signs
4.Roof Signs, except those affixed to parapets.
5.Off-Premise Signs
d) Architectural and Design Standards.
1.Principal buildings shall feature sign bands as an integral part of the
exterior architecture. Signs affixed to principal structures shall be placed
within said sign bands and the bands shall not exceed the maximum sign
height allowed in this section.
2.Signs affixed to the principal or accessory structures shall be composed of
materials or textures similar to those of the exterior façade to which they
are affixed.
3.Building sign and color palettes shall be analogous with a color employed
on the facade to which they are affixed. Analogous colors are those that
are next to each other on a color wheel as opposed to complementary
colors which are opposite of one another on the color wheel.
e)Master Sign Plan Required for Multiple Tenant Occupancies.
1.Master sign plans are required for all multiple tenant developments and/or
structures.
2.Sign placement and material for multiple tenant signs shall be uniform and
consistent with the development.
3.All signs contained in the Master Sign Plan shall conform to the
architectural, design, location, and performance standards of the
Ordinance.
f) Comprehensive Sign Plan – SpecialUse Permit.
1.The comprehensive sign plan special use process is only applicable to the
B-3 District and is an alternative to the strict adherence of the regulations
contained in this Ordinance.
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ORDINANCE 502 – ZONING ORDINANCE
2.Applicants may request a special use permit, as provided by Section
502.07 of the City Code, as may be amended, to allow signage which is
not in strict compliance with the provisions of the B-3 District applicable
to signage but which is appropriate to the character of the development.
3.The comprehensive sign plan special use permit process is intended to
encourage a flexible procedure to review area-wide signage plans that:
A.Are appropriately related to the overall character of the development.
B.Provide adequate identification and information.
C.Maintain an acceptable visual environment.
D.Promotes traffic safety.
E.Are consistent with the purpose and intent of this Ordinance.
4.The comprehensive sign plan special use permit, or any modification
thereto, may contain such conditions, requirements or standards that may
be stipulated by the City Council to assure that signs covered by the plan
will not be detrimental to persons or property in the vicinity, or to the
public welfare.
5.The City Council shall only consider approval of a comprehensive sign
plan after receiving a recommendation from the Planning Commission.
6.Criteria for SpecialUse Permit review:
A.Consistency with the Architectural and Design Standards
contained in this Ordinance.
B.Si
gn Location and position: All signs shall be placed where they
are sufficiently visible and readable for their function. Factors to
be considered shall include:
i.The purpose of the sign,
ii.Its location in relation to traffic movement and access
points,
iii.Its location in relation to sitefeatures and structures, and
iv.Sign orientation relative to viewing distances and viewing
angles.
C.Quantity
i.The quantity of signs approved under a special use permit
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ORDINANCE 502 – ZONING ORDINANCE
shall be no greater than that required to provide project
identification and entry signs, internal circulation and
directional information to destinations and development
sub-areas, and business identification. Factors to be
considered shall include the size of the development, the
number of development sub-areas and the division or
integration of sign functions.
ii.The number of signs approved under a special use permit
shall in no case exceed one hundred and twenty-five (125)
percent of that allowed under the traditional review process
within the B-3 District.
D.Size
i.Signs shall be larger than necessary for visibility and
readability. Factors to be considered in determining
appropriate size shall include topography, volume of
traffic, speed of traffic, visibility range, proximity to
adjacent uses, amount of sign copy, placement of display
(location and height), lettering style and the presence of
distractive influences.
ii.No sign approved shall exceed the maximum height
standard for signs contained in the B-3 District by more
than fifty (50) percent.
iii.No sign or combination of signs approved under a special
use permit shall exceed one hundred twenty-five (125)
percent of the maximum area standard allowed on the site
through the traditional review process.
E.Review Process. The review process shall be as prescribed in
Section 502.07 of the St. Joseph City Code relating to the processing
of conditional use permits as may be amended.
F.Comprehensive Sign Plan Amendments. Minor amendments to
comprehensive sign plans allowed under a SpecialUse Permit shall
be reviewed by the Zoning Administrator and do not require a public
hearing provide the proposed changes:
i.The proposed signage change meets all standards
prescribed in the Special Use Permit.
ii.The proposed signage change meets all other standards or
requirements set forth in this section of the City Code.
iii.The proposed signage change will not increase the number
of signs, the height of signs or the sign area authorized
under the application Conditional Use Permit.
Subd. 20: LI- Light Industrial District:The general provisions of Section 502.11 apply to
all signs within the LI Light Industrial District. In addition the following standards apply.
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ORDINANCE 502 – ZONING ORDINANCE
a)Wall Signs.Wall signs may be placed or painted against the exterior wall or
surface of a building or structure and are subject to the following regulations:
1.That the wall sign does not exceed one (1) square feet per lineal lot front
foot or fifteen percent (15%) of the building frontage area or seventy five
(75)square feet, whichever is the greatest.
2.Wall signs shall not project above the roof.
b)FreestandingSigns
1.Freestanding Signs shall have a surface area not exceeding one hundred
(100)square feet per sign with an aggregate total not to exceed two
hundred (200) square feet if double faced.
2.Such sign except a directional sign is erected only on the premises on
which the principal use, to which the sign relates, is conducted.
3.Notwithstanding the above, where two (2) or more separate and individual
commercial operations are conducting business in separate areas of a
single building or structure, in which each operation owns or leases
separate and individual premises, but share in the use and maintenance of
common areas within or around the structure, then and in those
circumstances, each individual business operation may be permitted to
display an individual business sign as provided in subdivisions a) and b),
except that said sign must be directly attached to that particular premises
actually occupied by the business operation to which the sign relates. In
addition to these individual business signs, the combination of business
operations occupying the structure, may maintain a fifty (50) square foot
sign detached from the structure identifying the structure, the individual
business operations located therein, or other reference to the combination
of business operations located within the structure. For purposes of this
subdivision, a combination of two or more business operations within a
single structure includes, but is not limited to, shopping centers, shopping
malls, and subdivided retail, office or industrial buildings offered for lease
or condominium ownership.
4.All Freestanding Signs shall be landscaped around the base. Except for
monument signs, the surface area of the base of any FreestandingSign
shall not exceed twenty-five (25) percent of the face area unless structural
engineering illustrates the face cannot meet the wind loading requirement
of the Building Code.
5.The maximum height of a FreestandingSign shall be twenty (20)feet.
Subd. 21: Downtown Service Signage Area.
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ORDINANCE 502 – ZONING ORDINANCE
a)The City recognizes a need to give motorists general and directional information
in the densely developed, pedestrian oriented core of the City in a concise and
convenient manner. The pedestrian-oriented core is separate and distinct from
vehicular oriented or residential corridors elsewhere in the City. The intense
pattern of structural development, the volume of pedestrian activity, the mix of
property uses, and activities occurring 24-hours a day may inhibit conveyance of
important messageswithin the pedestrian-oriented core. To provide a means of
effective communications the City hereby establishes a ‘Downtown Service
Signage Area’.
b)The Downtown Service Signage Area is illustrated on the Downtown Service
Signage Area Map which is hereby incorporated by reference. The area illustrated
in the map is described as:those lots fronting onCollege Avenue and Minnesota
Street from a point beginning on College Avenue at the southern terminus of the
intersection with CSAH 75, extending south on College Avenue to the
intersection of College Avenue and Minnesota Street and then proceeding west
along Minnesota Street to the intersection with CSAH 2 as it traverses in a
north/south fashion. All four quadrants of the intersection at College Avenue and
Minnesota Street are included in the map area. Areas north of the intersection of
College Avenue and CSAH 75 are not included in the Downtown ServiceSignage
Area.
c)Off-premisesignsshallbepermittedby Conditional Use Permits on lots which
front on the routes described in the Downtown Service Signage Area Map. Front
footage shall be as defined in the City Code, Section 502.04 (Rules and
Definitions) as may be amended. The standards contained in Section 502.07 and
related to special use permits apply.
d)Off-premise signs shall be ‘monument signs’ as defined in Subdivision 5 of
Section 502.11 as may be amended. Pylon signs are prohibited.
e)Off-premise signs shall not exceedtwenty (20) feet in height or fifty (50) square
feet in areaper signface.
f)Off-premise signs are limited to two sides (i.e. sign faces) and one monument
base.
g)Nooff-premisesignshallbepermittedwithinfivehundred(500)feetofan
adjoiningresidentialdistrict,anypropertybeingguidedbytheFutureLand
UseMapasresidentialoranypublicpark,school,library,church,or
governmentbuilding.
h)In no caseshall anyoff-premisesignsbeplacedontheroofof a buildingor
structure.
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ORDINANCE 502 – ZONING ORDINANCE
i)Off-premisesignsshall be maintainedin good, upright condition andsignfaces
shall be kept free of saggingor peeling.
-premise signs shall be in composed of materials or textures reasonably similar
j)Off
in quality to facades in the immediate vicinity of said sign.
k)The City may require off-premise signs be similar is shape, design, and material
components so as to promote and retain visual continuity and a sense of place
within the Downtown Service Area. Said shape, design, and material components
may be represented in a standard developed by the City and hereby incorporated
by reference.
Subd. 22:Portable Signs.
a)Definition. A portable sign is one that is movable from one location to another
and is not permanently affixed to the ground, sales display device, or structure.
b)Permit Required. A business seeking to use or display a portable sign shall
obtain a permit from the City for the period of display. Permits will specify the
length of time the sign will be displayed, location of the sign, and business
applying to use the sign.
c)Length of Use. The duration of time a portable sign can be located on a
property is limited to a maximum of forty (40) days in any one calendar year.
d)Size. A portable sign shall not exceed 50 square feet which accounts for all
letters, numbers and attachments; excluding material required to support the
sign.
Subd. 23: Non-Conforming Signs: Compliance. It is recognized that signs exist within
the zoning districts which were lawful before this sign ordinance was enacted, but will be
prohibited under the terms of this section. It is the intent of this sign ordinance that
nonconforming signs shall not be enlarged upon or expanded, nor be used as grounds for adding
other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign
ordinance to permit legal nonconforming signs existing on the effective date of this sign
ordinance to continue as legal nonconforming signs provided such signs are safe, are maintained
so as not to be unsightly, and have not been abandoned or removed subject to the following
provisions:
a)No sign shall be enlarged or altered in a way which increases its nonconformity.
b)If the use of the nonconforming sign or sign structure is discontinued for a period
of one year, the sign or sign structure shall not be reconstructed or used except in
conformity with the provisions of this ordinance.
c)Should such nonconforming sign or sign structure be damaged or structure be
destroyed by any means to an extent greater than fifty (50) percent of its market
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ORDINANCE 502 – ZONING ORDINANCE
value and all required permits for its reconstruction have not been applied for
within 180 days of when the sign or sign structure was damaged, it shall not be
reconstructed or used except in conformity with the provisions of this ordinance.
d)Should such sign or sign structure be moved for any reason for any distance
whatsoever, it shall thereafter conform to the regulations for the zoning district in
which it is located after it is moved.
e)No existing nonconforming sign shall be enlarged, expanded or moved except in
changing the sign to a sign permitted in the zoning district in which is it located.
f)When a parcel of property loses its nonconforming status all signs devoted to the
property shall be removed and all signs painted directly on any structure on the
property shall be repainted in a neutral color or a color which will harmonize with
the structure.
Subd. 24: Signs in Developing Subdivisions. During the development of a new
subdivision consisting of two (2) or more lots, there shall be allowed two (2) signs in the
subdivision, not to exceed twelve (12) feet in height. A fee is required to be paid for these signs,
as set by Council resolution. The City shall not review or consider the content of any message to
be displayed on such signs when determining whether to grant a permit. In addition to the signs
mentioned above, there shall be permitted one (1) sign not exceeding four (4) square feet, and
not more than six (6) feet in height, per lot in the subdivision. All signs allowed according to
this Subdivision shall be removed when 75 percent of the lots in the subdivision are fully
developed, or within two (2) years following the beginning of development in the subdivision,
whichever comes first. No signs allowed according to this Subdivision may be illuminated.
Subd. 25: Non-Commercial Speech. Notwithstanding any other provisions of this sign
ordinance, all non-commercial signs of any size may be posted in any number from August 1 in a
state general election year until ten (10) days following the state general election, and all signs
with a surface area of 50 square feet or less containing non-commercial speech may be posted
from eight (8) weeks prior to any special election until seven (7) days following the special
election. Signs permitted under this Subdivision shall be set back a minimum distance of no less
than fifteen (15) feet from the curb line, shall not be on any public right-of-way, and shall not be
permitted on school property or any other public lands.
Subd. 26: Substitution Clause. The owner of any sign which is otherwise allowed by this
sign ordinance may substitute non-commercial speech in lieu of any other commercial speech or
non-commercial speech. This substitution of copy may be made without any additional approval
or permitting. The purpose of this provision is to prevent any inadvertent favoring of
commercial speech over non-commercial speech or favoring of any particular non-commercial
speech over any other non-commercial speech. This provision prevails over any more specific
provision to the contrary.
Subd. 27: Banners. Upon application to the City, a banner may be permitted to be hung
across the right-of-way at the two specified locations designated by the City to promote local
community events only. This ordinance shall not be construed as authorizing any such signs or
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ORDINANCE 502 – ZONING ORDINANCE
banners on public property or on private property other than those specifically authorized by the
City.
a)Permit Required. No banner shall be erected, altered, maintained or moved
without first securing a permit from the City. The content of the message or
speech displayed on the sign shall be limited to promoting community events and
shall be reviewed or considered in determining whether to approve or deny a
banner permit. Application for a permit shall be in writing addressed to the zoning
administrator and shall contain the following:
1.Names and addresses of the applicant(s);
2.The event the banner is meant to promote;
3.The location(s) at which any banner is to be erected;
4.The type and content of the banner;
5.Acomplete set of plans, showing the necessary elevations, distances, size
and details of the banner;
6.The cost of the banner;
7.Certification by applicant indicating the application complies with all
requirements of the banner ordinance; and
8.The dates the applicant(s) request the banner be present.
b)Approval by Planning Committee. Banner plans will be reviewed at regular
meetings by the Planning Committee. In addition, special meetings can be
requested for plan review. In reviewing the proposed banner, the Planning
Committee shall consider the following criteria:
1.Traffic circulation and pedestrian safety. Banners shall not contain content
or be placed in a manner to obstruct the safety of pedestrians, motorists,
cyclists, or other users of the public streets over which they are to hang.
2.Sign Design and Visual Impact.
3.Construction and Maintenance. All banners must be constructed and
maintained by the applicant and must be done in a manner that results in
professionally finished appearance. All banners shall be constructed in
such a manner and of such material that they shall be safe.
c)All permits not approved or denied within thirty (30) days shall be deemed
denied. If the permit is denied, the issuing authority shall prepare a written notice
of the denial within ten (10) days of its decision.
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ORDINANCE 502 – ZONING ORDINANCE
d)Application Fee. An applicable permit application fee as listed City’s fee schedule
is due upon submission of the application.
recting and Removing Banner. Each applicant is responsible for hanging and
e)E
removing an approved banner. Roadway banners in support of community events
may be displayed for a period not to exceed twenty-one (21) days. All banners
must be removed within 48 hours of the scheduled event. The use of the posts to
hang a banner which promotes a community event will be given to applicants on a
first come, first serve basis.
f)Liability Insurance/Hold Harmless. Proof of liability insurance in accordance with
this subdivision shall be delivered to the City Clerk/Administrator prior to
issuance of the permit. The applicant must demonstrate proof of financial
responsibility with regard to liability naming the City as an insured. The policy of
insurance shall be in limits of not less than one million per occurrence.The
liability insurance policy required by this subdivision shall provide that it may not
be cancelled for any cause, either by the insured or the insurance company
without first giving notice to the City in writing of intention to cancel it,
addressed to the City Clerk/Administrator of the City of St. Joseph.
g)Liability. The applicant(s) shall hold the City of St. Joseph harmless from any and
all claims and actions, litigations, and from damages arising out of the erection,
maintenance or removal of any banner allowed under the authority of this
ordinance nor shall the City of St. Joseph be held liable for a claim based upon
enforcement of this ordinance.
h)Notice of Violation/Assessment of Costs. Notice of any violation of this
ordinance will be sent directly to the applicant(s) or to the party who failed to
submit an application in violation of this subdivision. Violation of this ordinance
is deemed a misdemeanor.
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