HomeMy WebLinkAbout2004-06-01 P & Z Packet
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PLANNING AND ZONING COMMITTEE
MEETING AGENDA
TUESDAY, JUNE 1, 2004
6:30 p.m.
L CALL TO ORDER
1. Roll Call
n. PUBLIC HEARING (S)
ID. APPEARANCESIPRESENTATION(S)
1. Mr. Ray DeVine - Plaque for Years of Dedicated Service
2. Mr. Dave Kilian - Plaque for Years of Dedicated Service
IV. OJ:D]JUSINESS
v. NEW BUSINESS
1. Letter of Interest - Mr. JeffHanzal
VI. DISCUSSION ITEMS
1. Ordinance #4 - New Format
VII. CONSIDERATION OF MINUTES
1. May 4,2004 Planning and Zoning Meeting Minutes
VIll. ADJOURNMENT
May 6, 2004
Kim Moore-Sykes
City of Centerville
Dear Kim,
I attended this Tuesdays Planning and Zoning meeting and have decided that I am
interested in joining the committee. I have owned a floor covering installation business
for 22 years and have had several years of constJluction and remodeling back round as a
licensed contractor. I am a creative thinker and problem solver witch may be of benefit
to the city ofCenter:ville. lam interested in learning moreabout-zoningandparticipating- _
in the planning of Centerville' s future. Please let me know if there are additional steps I
need to take to be considered for a position.
Look forward to hearing from you.
PS. I also hear the pay is great!!
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4. Zoning and Land Use
Section 400 - TITLE AND APPLICATION
(5/17/2004) Revised
400.1 Title. This Ordinance shall be known as Ordinance #4, City of Centerville
Zoning and Land Use Ordinance, except as herein referred to as "this Ordinance".
400.2 Purpose and Intent. It is the purpose and intent of this Zoning and Land Use
Ordinance to protect the health, safety and general welfare of the City and its
residents through the establishment of minimum regulations governing land
development and its subsequent use. Ordinance #4 divides the City into use
districts and established regulations for the location, erection, construction,
reconstruction, alteration and use of land and structures. In addition, this
Ordinance will:
. Protect and promote the natural resources of the City.
. Protect and promote public health, safety and general welfare.
. Provide adequate light, air and access to property.
. Establish and protect land use patterns and development regulations
consistent with the City ofCenterville's Comprehensive Plan.
. Limit congestion and promote safety in the public-rights-ofway.
. Prevent overcrowding of land and undue concentration of structures by
regulating land, buildings, yards and densities.
. Promote opportunities for orderly, cohesive and compatible development
of various and differing land uses, protecting existing investments and
property values.
. Define the authority, power and duty of City officials, City staff, Planning
and Zoning Commission and the Board of Adjustments and Appeals
relating to this Ordinance.
400.3 Scope. The use of all property within the geographic jurisdiction of the City of
Centerville must comply with Ordinance #4. Any building, structure, or use
lawfully in existence as of August 23,2000 and continuing to lawfully exist to
the date of the adoption of Ordinance #4, but not being in conformity with this
Ordinance will be regarded as non-conforming. As such, these non-conforming
structures and uses may be allowed to legally continue to exist subject to the
provisions of Section 405, Subd. 108.
400.4 Interpretation and Application. The intent and purposes as established in Section
400.2 will be considered in interpreting and applying Ordinance #4. If the
provisions of this Ordinance impose greater restrictions than those of any statute,
another ordinance, or regulation, the provisions of Ordinance #4 will prevail. If
provisions of any statute, another ordinance or regulation impose greater
restrictions that Ordinance #4, the provisions of that statute, another ordinance or
regulation will prevail. In their interpretation and application, the provisions of
this Ordinance shall be held to be the minimum requirements for the promotion of
the public health, safety and general welfare.
400.5 Performance Standards. Every use permitted by Ordinance #4 shall be so
established and maintained so as to comply with the provisions of this Ordinance.
The City Council may require the owner or operator of a use permitted in this
Ordinance to provide such tests or investigations by an independent testing
organization that is satisfactory to the City Council. These tests or investigations
need to provide evidence that the use is in compliance with these standards. The
cost of the tests or investigations shall be shared equally by the owner or operator
and the City unless the results disclose non-compliance to Ordinance #4. If non-
compliance is shown to exist, the entire cost shall be borne by the owner or
operator. Nothing in this provision would preclude the City from making any
investigations and tests it finds appropriate to determine compliance with
Ordinance #4.
400.6 Permits Required. Except as specifically excluded in Ordinance #4, no building,
structure, or premises may be erected, constructed, reconstructed, converted,
enlarged, altered, moved, used or occupied unless an appropriate building permit
has been issued by the City.
400.7 Uses Not Specified. If a use is not specifically permitted, permitted by special use
permit, or prohibited, then the use will be considered prohibited.
400.8 Severability. If any provision of this Ordinance or the application of any
provision to particular circumstances is held invalid a court of law or changes in
State legislation, the remainder of the Ordinance or the application of such
provision to other circumstances shall not be affected.
400.9 Repeal. Ordinances, including all prior Zoning Ordinances and Amendments or
parts thereof, in force at the time this Ordinance shall take effect and Ordinance
inconsistent herewith are hereby repealed, including Centerville Ordinance # 1 O.
Nothing contained in this Ordinance repeals or amends any Ordinance requiring a
permit or license to engage in any business or occupation.
400.10 Comprehensive Plan. Interpretation and enforcement of the provisions of this
Ordinance are intended to be consistent with the implementation of goals, policies
and land use elements of the City ofCenterville's Comprehensive Plan to the
extent practical or as required by law. The application of or amendments to this
Ordinance, which are determined to be inconsistent with the Comprehensive Plan,
shall require amendments to the Comprehensive Plan, this Ordinance or both.
400.11 60-Dav Rule. It is the intent of the City to comply with the State requirements for
timely review of actions requiring formal approval by the City Council.
Information submissions and applications must be determined by the City to be
complete before a time line for action is initiated. In the event the City Council
cannot act upon a request within sixty (60) days, the City will notify the applicant
in writing that the request will be acted on within 120 days of the date that the
application was accepted by the City. In the event that multiple approvals are
required for any action, each approval shall require a separate, independent
timeline for an action.
400.12 Other Ordinances. The City ofCenterville has enacted or may enact other
Ordinances that may supplement or supercede this Ordinance. Users of this
Ordinance should contact the City to determine whether certain provisions in this
Ordinance are affected by other City Ordinances.
400.13 State Building Code. The Minnesota Building Code, established pursuant to
Minnesota Statutes 16B.59 through 16B.75, is hereby adopted as the building
code for the City of Centerville. The building code is hereby incorporated in this
Ordinance as if fully set out herein.
Section 405 - DEFINITIONS (5/24/04 revised)
405.01 Definitions. For the purposes of this Ordinance, words and terms contained herein will
have the following meanings. Words and terms not included in this Section shall have
the meanings as defined in Minnesota State Statutes. Other words and terms no so
defined shall have the meaning customarily associated with them.
Subd. 1.
Subd. 2.
Subd. 3.
Subd. 4.
Subd. 5.
Subd. 6.
Subd.7.
Subd. 8.
Subd.9.
Subd. 10.
Abandonment. To cease or discontinue a use or activity without
intent to resume, but excluding temporary or short term
interruptions to a use or activity during periods of remodeling,
maintaining, or otherwise improving or rearranging a facility, or
during normal periods of vacation or seasonal closure.
Abutting. Having a common border with, or being separated from
such a common border by a right-of-way, alley or easement.
Accessory Building. A subordinate structure detached from but
located on the same lot as the principal structure, the use of which
is incidental and accessory to that of the principal structure.
Accessory Use. A use incidental to, and on the same lot as, a
principal use.
Addition. Part of a building added to increase the useable space of
the building.
Adult Uses. Those uses as defmed and outlined in Centerville
Ordinance #61.
Agriculture. The use of land for agriculture purposes, including
farming, dairying, pasturage, agricultural, horticulture, floriculture,
viticulture, and animal/poultry husbandry and the necessary
accessory uses for packing, treating or storing the produce;
provided, however, the operation of any such accessory uses shall
be secondary to that of normal agricultural activities.
Alley. A public or private way permanently reserved as a
secondary means of access to abutting property.
Alteration. Any change, addition, or modification, in construction
or occupancy of an existing structure.
Alteration, Structural. Any change in the supporting members of a
building or structure, such as bearing walls, columns, beams, or
girders; provided, however, the application of any exterior siding
to an existing building for the purpose of beautifying and
modernizing shall not be considered a structural alteration.
1
Subd.ll.
Subd. 12.
Subd. 13.
Subd. 14.
Subd. 15.
Subd. 16.
Subd. 17.
Subd. 18.
Subd. 19.
Subd. 20.
Subd. 21.
Subd. 22.
Subd.23.
Subd.24.
Antenna. Any system of wires, poles, rods, reflecting discs,
satellite dishes, or similar devises used for the transmission or
reception of electromagnetic waves external to or attached to the
exterior of any building.
Apartment. A room or suite of rooms, including bath and kitchen
facilities, in a multiple-family building designed for occupancy by
a single family.
Apartment, Accessory. An apartment that is secondary and
incidental to a principal use or building.
Apartment Building. A multiple dwelling designed to
accommodate three or more rental units. - See Dwelling,
Multiple, Subd. 56.
Area Identification Sign. A freestanding sign which identifies the
name of a residential subdivision, commercial or industrial
development. See Subd. 72, Freestanding Sign.
Auto Repair. Rebuilding, reconditioning, reconstructing, repairing
or replacing worn or damaged motor vehicle parts.
Automobile Service Station. See Motor Fuel Station, Subd. 107.
Balcony. A platform projecting from a wall of a building,
enclosed by a railing, and elevated at least seven (7) feet above
ground.
Basement. A portion of a building located partly or completely
underground, having more than 50% of its floor-to-ceiling height
below the average grade of the adjoining ground. Split level, split
entry, and earth sheltered homes shall be construed to satisfY
basement requirements.
Block. A tract of land bounded by streets or a combination of
streets, parks, cemeteries, railroad rights-of-way, shorelines,
waterways, or corporate boundary lines ofthe City.
Boathouse. A structure designed and used solely for the storage of
boats or boating equipment.
Boulevard. That part ofthe public right-of-way located between
the curb line and the property line.
Buffer. The use of land, topography, space, fences or landscaping
plantings to screen or partially screen a lot from another lot.
Building. Any structure having a roof which may provide shelter
or enclosure of persons, animal or other property. When said
2
Subd. 25.
Subd. 26.
Subd.27.
Subd. 28.
Subd.29.
Subd. 30.
Subd.31.
Subd. 32.
Subd.33.
Subd. 34.
Subd. 35.
Subd. 36.
Subd. 37.
structure is divided by party walls without openings, each portion
of such building so separated shall be deemed a separate building.
Buildable Area. The space remaining on a lot after minimum yard
and open pace requirements have been met that a building may be
constructed.
Building Coverage. See Subd. 91 Lot Coverage.
Building Height. The vertical distance measured from the elevation of
the lot grade at the building setback line, to the top of the cornice of a flat
roof, to the top of a mansard roof, to a point on the roof directly about the
highest wall of a shed roof, to the uppermost point on a round or other
arch type roof, to the average distance of the highest gable on a pitched
or hip roof.
Building Line. The line, parallel to the street line that passes through the
point of the principal building nearest the front lot line.
Building. Principal. See Subd. 122, Principal Structure.
Building Setback. The distance between a building and a given lot line.
Certificate of Occupancy. A document issued by the Building
Official/Inspector ofthe City upon satisfactory final inspection of
dwelling unites) or commercial building(s).
City Councilor Council. The City Council of the City ofCenterville.
Clear Cutting. The indiscriminate removal oftrees, shrubs, or
undergrowth with the intention of preparing real property for non-
agricultural development purposes. This definition shall not include the
selective removal of non-native tree and shrub species when the soil is
left relatively undisturbed, removal of dead trees or normal mowing
operations.
Clinic. Any establishment where human patients are examined and
treated by doctors, dentists or other health care providers but not
hospitalized overnight.
Club. Any establishment operated for social, recreational, or educational
purposes but open only to members and not the general public.
Cluster Housing. The grouping of single-family dwellings within
specified areas while maintaining the same overall allowable density in
that same area.
Commercial Use. An occupation, employment, or enterprise that is
carried on for profit by the owner, lessee, or licensee.
3
Subd. 38.
Subd.39.
Subd. 40.
Subd.41.
Subd. 42.
Subd.43.
Subd. 44.
Subd.45.
Subd. 46.
Subd. 47.
Subd. 48.
Subd.49.
Subd. 50.
Subd. 51.
Commission. The Planning and Zoning Commission ofthe City of
Centerville.
Commissioner. A member of the Planning and Zoning Commission.
Common Areas. Privately owned land in a residential development
which is used for recreational purposes or is of an aesthetic nature, or
provides access and is generally intended for the use and/or enjoyment of
the residents of the development.
Conditional Use. A use which is not classified as a permitted use
because of special problems that require reasonable limitations and
conditions as imposed by the City Council for the protection of the
public welfare and the integrity of the City's Comprehensive Land Use
Plan.
Conditional Use Permit. A permit, issued by the City Council, in
accordance with procedures specified in this Ordinance as a flexibility
device to enable the City Council to assign dimensions to a proposed use
or conditions surrounding it after consideration of adjacent uses and their
functions and the special problems which the proposed use permits.
Condominium. Property to be owned and conveyed in accordance with
the Condominium Act, Minnesota Statutes, Chapter 515.
Contractor's Yard. An area where vehicles, equipment and/or
construction materials and supplies commonly used by building
construction, excavation, roadway construction and similar contractor
materials are stored or services.
Coverage. That portion of a lot covered by principal and accessory use
structures.
CuI de Sac. A local street, one end of which is closed and consists of a
circular turn around.
Day Care Facilities. A state licensed day care facility, as defined in
Minnesota Statutes, Chapter 462.
Deck. A horizontal, unenclosed platform with or without attached
railings, seats, trellises, or other features, attached or functionally related
to a principal use or site.
Density. The number of dwelling units permitted per net acre of land.
Development. All structures and other modifications of the natural
landscape above and below ground or water, on a particular site.
District. See Subd. 162, Zoning District.
4
Subd. 52.
Subd.53.
Subd.54.
Subd. 55.
Subd. 56.
Subd. 57.
Subd. 58.
Subd.59.
Subd. 60.
Subd.61.
Subd.62.
Subd.63.
Subd. 64.
Drive-In Facility. A facility from which a product or service is
dispensed, sold, rendered, or from which business is transacted, between
a business establishment and persons in a vehicle.
Dwelling. A building or portion thereof, that provides living facilities
for one or more families.
Dwelling, Multiple. A detached, residential building containing three (3)
or more dwelling units, including what is commonly known as an
apartment building, but not including group, row or townhouses.
Dwelling, Seasonal. A dwelling not used for permanent residence and
not occupied for more than six (6) months in each year.
Dwelling, Single-Family, Attached (Group, Rowand Townhouses). One
(1) of two (2) or more residential buildings having a common or a party
wall separating dwelling units.
Dwelling, Single-Family, Detached. A residential building containing
not more than one (1) dwelling unit entirely surrounded by open space on
the same lot.
Dwelling, Two-Family. A building used exclusively for occupancy by
two (2) families living independently of each other.
Dwelling Unit. One (1) or more rooms physically arranged so as to
create an independent housekeeping establishment for occupancy by one
(1) family with separate toilets and facilities for cooking and sleeping.
Easement. The right of a person, government, agency, or public utility
company to use public or private land owned by another for a specific
purpose.
Essential Services. Public and private utilities required by the resident
and working population.
Fal(ade. The exterior wall of a building exposed to a public view or that
wall viewed by persons not within the building.
Family. An individual, or two (2) or more persons related by blood,
marriage or adoption, or a group of not more than five (5) persons not so
related, living together as a single housekeeping unit using common
cooking and kitchen facilities.
Fence. Any artificially constructed barrier of any material or
combination of materials erected to enclose or screen areas of land,
including a partition, wall or gate erected as a dividing marker,
barrier, enclosure, or visual obstruction, but excluding buildings,
bushes, hedges, trees and other living landscaping
5
Subd. 65.
Subd. 66.
Subd.67.
Subd. 68.
Subd.69.
Subd. 70.
Subd.71.
Subd. 72.
Subd. 73.
Subd. 74.
Subd.75.
Subd. 76.
Subd.77.
Flag Lot. A parcel of land shaped like a flag, with a long narrow strip of
land providing vehicular and pedestrian access to a street, with the bulk
of the property lying to the rear of other adjacent lots.
Flood Plain. Flood plain or flood-prone area means any land area
susceptible of being inundated by water from any source.
Floodway. The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the I OO-year flood
without cumulatively increasing the water surface elevation more than
one foot at any point.
Floodway Fringe. All that land in a flood plain not lying within a
delineated floodway. Land within a floodway fringe is subject to
inundation by relatively low velocity flows and shallow water depths.
Floor Area. The sum of the gross horizontal areas ofthe several floors of
a building or dwelling unit, measured from the exterior walls or from the
centerline of party walls separating buildings, excluding basements.
Floor Area Ratio. The total floor area on a zoning lot divided by the total
site area of the lot or parcel being developed.
Freestanding Sign. Any sign supported by structures or supports that are
permanently anchored in the ground and that are independent from any
building or structure. See Ordinance #39, SIGNS.
Frontage. The front or frontage is that side of a lot abutting on a street or
roadway and ordinarily regarded as the front of the lot, but it shall not be
considered as the ordinary sideline of a corner lot.
Garage, Private. Any accessory building or an accessory portion of a
principal building designed or used solely for the storage of motor
vehicles, boats, and other personal belongings which are owned or used
by the occupants ofthe building to which it is accessory.
Garage Sale. Any display of items for sale in a dwelling, garage or yard
on property used primarily as a residence.
Glare. A sensation of brightness within the visual field that causes
annoyance, discomfort, or loss in visual performance and visibility.
Grade. The lowest point of elevation of the finished surface of the
ground, paving or sidewalk within the area between the building and the
property line, or when the property line is more than five (5) feet from
the building, between the building and a line five (5) feet from the
building.
Home Occupation. An occupation or professional activity or use that is
clearly a customary, incidental, and secondary use of a residential
dwelling unit and which does not alter the exterior of the property or
6
Subd. 78.
Subd. 79.
Subd. 80.
affect the residential character of the neighborhood. Home occupations
in the City must meet the following criteria:
(a.) Home occupations shall be conducted solely by person residing
in the residence with the exception of no more than one
additional non-related employee; and
(b.) All business activities and storage shall take place within the
structure; and
(c.) There shall be no alteration to the exterior of the residential
dwelling, accessory building or yard that in any way alters the
residential character of the premises; and
(d.) The occupation shall not be visible or audible from any property
line; and
(e.) The occupation may involve limited retail sales or rental of
products on the premises, provided all stock associated with the
occupation is completely enclosed in the principal structure.
Retail merchandise may not constitute more than fifty percent
(50%) of the principal structure square footage; and
(f.) Unless completely enclosed within an approved structure, no
vehicle used in the conduct of the occupation shall be parked,
stored or otherwise present at the premises other than such as is
customarily used for domestic or household purposes. (See
section 130-140 Outside Storage.); and
(g.) Only on-site, off-street parking facilities typically associated
with a residence shall be used; and
(h.) The conduct of an occupation or the use of substances which
may be hazardous to or in any way jeopardize the health, safety
or welfare of neighbors and neighboring property shall not be
permitted.
(i.) See Ordinance #39.
Hotel. A commercial building occupied as more of less temporary
abiding place of individuals who are lodged with or without meals for
compensation and in which there are more than ten (10) sleeping rooms
usually occupied singly, and in which no provision is made for cooking
in any individual apartment.
Impervious Surface. Any material that substantially reduces or prevents
the infiltration of storm water into previously undeveloped land.
Impervious surfaces shall include graveled driveways and parking areas.
Industrial Park. A planned, coordinated development of a tract of land
with two (2) or more separate industrial buildings. Such development is
7
Subd. 81.
Subd. 82.
Subd.83.
Subd. 84.
Subd.85.
Subd. 86.
Subd. 87.
Subd. 88.
Subd. 89.
Subd. 91.
Subd. 90.
Subd.91.
planned, designed, constructed, and managed on an integrated and
coordinated basis with special attention given to on-site vehicular
circulation, parking, utility needs, building design and orientation, and
open space.
Intensive Commercia] Agricu]tura] Use.
Junk Yard. Property where waste, discarded and/or salvaged materials
are bought, sold, stored, exchanged, cleaned, packed, disassembled or
handled.
KenneL Commercial. Any premises which are kept and maintained for
the business of selling. boarding, breeding, showing, or treating dogs and
any place where five (5) or more dogs over the age of six (6) months of
age are habitually kept.
Land Reclamation. Land upon which 25 cubic yards or more offill
materia] (rock, concrete, bituminous concrete or sand) is deposited.
Land Removal. Land upon which 100 cubic yards or more of soil or
subsoil materia] is removed, not including materia] excavated for the
purpose of constructing basements, footings or foundations.
Landscaping. The aesthetic improvement of land by the arrangement of
plantings and/or decorative features such as fences and walls.
Light Manufacturing. The processing and fabrication of certain materials
and products where no process involved will produce noise, vibrations,
air pollution, fire hazard or noxious emissions which will disturb or
endanger neighboring properties.
Lot. A platted parcel of land intended to be separately owned,
developed, and otherwise used as permitted in the Zoning Ordinance.
Lot Area. The area of a lot in a horizontal plane, exclusive of contours,
bounded by the vertical planes through front, side and rear lot lines, but
excluding any area which constitutes public waters, public streets, or
other rights-of-way.
Lot, Corner. A lot situated at the junction of and abutting on two or
more intersecting streets. On a comer lot, the street address or narrowest
street dimension of the street shall be considered the Front Yard. The
side yard that abuts the other street will have a thirty (30) foot setback.
Lot Coverage. The area of a lot covered by impervious surface,
determined by dividing that area of a lot which is occupied or covered by
the total horizontal projected surface of all buildings, including covered
porches and accessory buildings, by the gross area of that lot.
Lot Depth. The average horizontal distance between the front and rear
lot lines.
8
Subd. 92.
Subd. 93.
Subd. 94.
Subd. 95.
Subd. 96.
Subd.97.
Subd. 98.
Lot, Interior. Any lot other than a corner lot.
Lot Line. A line dividing one lot from another lot or from a street or
alley.
Lot Line, Front. On an interior lot, the lot line abutting a street; or, on a
corner lot, the lot lines abutting a street; or, on a through lot, the lot line
abutting the street providing the primary access to the lot; or, on a flag
lot, the interior lot line most parallel to and nearest the street from which
access is obtained.
Lot Line, Rear. The lot line not intersecting a front lot line that is most
distant from and most closely parallel to the front line. A lot bounded by
only three (3) lot lines will not have a rear lot line.
Lot Line, Side. Any lot line not a front or rear lot line.
Lot. Minimum Area of. The measurements of a lot computed exclusive
of any portion of the right-of-way of any public thoroughfare.
Lot of Record. A lot, which is part of a subdivision or plat, an Auditor's
Subdivision or a registered Land Surveyor a parcel of land not so
platted, which has been approved by the City or meets the following
conditions:
(a.) Was a separate Parcel of Record as of April 1, 1945 or the date
of adoption of subdivision regulations under Laws 1945, Chapter
287, whichever is later, or of the adoption of subdivision
regulations pursuant to a Home Rule Charter;
(b.) Was the subject of a written agreement to convey entered into
prior to such a time;
(c.) Was a separate parcel of not less than two and one half (2 Yz)
acres in area and one hundred (150) feet in width on January 1,
1966;
(d.) Was a separate parcel of not less than five (5) acres in area and
three hundred (300) feet in width on July 1, 1980;
(e.) Is a single parcel of commercial or industrial land of not less
than five acres and having a width of not less then three hundred
(300) feet and its conveyance does not result in the division of
the parcel into two or more lots or parcels, anyone of which is
less than five (5) acres in area or three hundred (300) feet in
width;
(f.) Is a single parcel of commercial or industrial land of not less
than five (5) acres and having a width of not less then three
hundred (300) feet and its conveyance does not result in the
9
Subd.99.
Subd. ] 00.
Subd. 10 I.
Subd. 102.
Subd. ] 03.
Subd. ] 04.
Subd. 105.
Subd. ] 06.
Subd. 107.
division of the parcel into tow or more lots or parcels, any on of
which is less than five (5) acres in area or three hundred (300)
feet in width; and
(g.) Is a single parcel of residential or agricultural land of not less
then twenty (20) acres and having a width of not less that five
hundred (500) feet and its conveyance does not result in the
division ofthe parcel into two (2) or more lots or parcels, any
one of which is less than twenty (20) acres in area or five
hundred (500) feet in width.
Lot, Substandard. A lot or parcel of land that has less than the required
minimum area or width, as established by the Zoning District in which it
is located and provided that such lot or parcel was recorded as a legally
created lot on the effective date of the codification of Ordinance #4 and
this title.
Lot. Through. A lot having its front and rear yards each abutting on a
street.
Lot, Width. The horizontal average distance between side lots lines,
measured at the required front setback line.
Manufactured Housing. Single-family detached housing that is built to
the National Manufactured Housing Construction and Safety Standards
of Act of ] 974, and shall include structures known as manufactured
homes or mobile homes. (A manufactured home as defined in Minnesota
Statutes, Section 327.14, Subd. 3.)
J\1inera! Extraction. The extraction of soil, sand, gravel, rock or other
such material from the land.
Mixed Use. A development that combines two (2) or more different land
uses on the same lot or contiguous lots in the same zone, such as retail
uses and residential uses.
Motor Vehicle. A self-propelled vehicle for personal or business use as
defined in Minnesota Statutes] 69.0 I.
Motor Fuel Station. An establishment where gasoline, diesel, kerosene,
motor oil and lubricants are sold or used in servicing motor vehicles and
where usual motor vehicle repairs and services are performed.
Non-Conforming Structure or Use. A structure or use lawfully in
existence and continuing to lawfully exist to the effective date of this
ordinance or any amendment but not conforming to the regulations for
the district in which it is situated. Non-conformances may be continued
subject to the following conditions:
(a.) The non-confonning use is not expanded or enlarged, except in
the Conformity with the provisions of this Ordinance; and
10
Subd. 108.
Subd. 109.
Subd. 110.
Subd. 111.
Subd. 112.
Subd. 113.
Subd. 114.
(b.) If the non-conforming use is discontinued or a non-conforming
structure is abandoned for a period of twelve (12) months.
Further use of the structure or property must conform to this
Ordinance; and
(c.) If a non-conforming use is replaced by another use, the new use
shall conform to this Ordinance; and
(d.) If a non-conforming use or structure is damaged by any cause to
the extent that repair or replacement costs exceed fifty percent
(50%) of the market value, the use or structure may not be
replaced or repaired except in conformity with this Ordinance;
and
(e.) Normal maintenance of a non-conforming structure is permitted,
including necessary non-structural repairs and incidental
alterations, which do not extend or intensify the non-conforming
use.
Nursing Home or Rest Home. A licensed establishment having
accommodations for the continuous care of two or more invalid,
infirmed, aged convalescent patients or disabled persons that are non-
related. A nursing home as defined in Minnesota Statutes. Section
l44A.OL Subd. 5.
Occupancy Permit. Permission received by the City to use/occupy a
subject premises.
Open Sales Lot. Land devoted to the display of goods for sale, rent,
lease, advertising or trade where such goods are not enclosed within a
building.
Open Space. Any unoccupied land space open to the sky.
Ordained. To order by virtue of established authority.
Ordinary High Water Line (OHWL). A line delineating the highest
water level which has been maintained for a sufficient period oftime to
leave evidence on the landscape. The ordinary high water mark is
commonly that point where the natural vegetation changes from
predominantly aquatic to terrestrial.
Parcel. A contiguous tract of land, which may consist of unplatted land
or one or more platted lots. For purposes of the Zoning Ordinance,
adjoining lots which were in common ownership according to the real
estate records of Anoka County, Minnesota, will be deemed a single
parcel if one or more of the lots are smaller than the minimum lot size
required under the Zoning Ordinance.
11
Subd. 115.
Sllbd. 116.
Subd. 117.
Subd. 118.
Subd. I 19.
Subd. 120.
Subd. 121.
Subd. 122.
Subd. 123.
Subd. 124.
Subd.125.
Subd. 126.
Sllbd. 127.
Sllbd. 128.
Parking Space. An area of not less than 162 square feet (9'xI8'),
exclusive of driveways and aisles, designed for the parking of one motor
vehicle.
Patio. A courtyard or other finished exterior ground surface open to the
sky constructed of rock, brick, concrete, stone or similar materials and
commonly used for relaxation, socializing or dining.
Performance Standard. A criterion established to control appearance,
noise, odor, toxic or noxious matter, vibration, fire and explosive
hazards, glare, heat, waste and other potential impacts generated by or
inherent in uses of land or buildings.
Permitted Use. A use expressly authorized by the Zoning Code for a
particular district or districts.
Planned Unit Development (PUD). A tract of land, which will contain
two or more principal structures, developed under unified ownership or
control, the development of which may be unique and of a substantially
different character than that of the surrounding area.
Plat. The drawing or map of a subdivision prepared for filing of record
pursuant to Chapter 505 and containing all elements and requirements set
forth in applicable local regulations adopted pursuant to Section 462.358
and Chapter 505.
Principal Use. The main use to which the premises are devoted and the
purpose for which the zoning district allows.
Principal Structure. The main structure to which the premises are
devoted and purpose for which the premises exist.
Private Property. Any real property within the City which is privately
owned and which is not a public property as defined in this section.
Property Line. See Subd. 93, Lot Line.
Public Hearing. An official public meeting of which notice has been
published in the City's legal newspaper.
Public Property. Any street or highway that includes the entire width
between the boundary lines of every way publicly maintained for the
purposes of vehicular travel, and shall also mean any other publicly
owned property or facility.
Recreational/Open Space. Land which has significant natural and/or
recreational amenities which warrant protection and/or assessment of any
proposed change in the usage of the land.
Recreational Vehicles. A mobile vehicle, including boars, used for
recreational purposes capable of being towed or being self-propelled.
12
Subd. 129.
Subd. 130.
Subd. 131.
Subd. 132.
Subd. 133.
Subd. 134.
Subd. 135.
Subd. 136.
Subd. 137.
Subd. 138.
Remodeling. Alterations of a building primarily of an aesthetic nature
which may include incidental repairs to supporting members but not
structural alterations.
Residential Facility (also Group Homes). A state licensed residential
facility, defined by Chapter 462, Minnesota Statues, serving six (6) or
fewer persons, in a Single-Family Residential District and no more than
sixteen (16) persons in a Multi-Family Residential District.
Right-of-Way. A street, alley or easement permanently established for
the passage of persons and vehicles, including the traveled surface of
lands adjacent that are formally dedicated to such usage. The right-of-
way is measured 12 - 14 feet from the center of the street or road.
Setbacks. Areas of a lot adjoining the lot lines in which structures are
prohibited.
Sewer System. Pipelines or conduits, pumping stations. force main, and
all other construction devices, appliances, or appurtenances used for
conduction sewage or industrial waste or other wastes to a point of
ultimate disposal.
Shore Impact Zone. Land located between the ordinary high water level
of a public water and a line parallel to it at a setback of fifty percent
(50%) of the structure setback.
~ Any structure, device, advertisement or visual representation
intended to visually advertise, identify or communicate information, or to
visually attract the attention of the public for any purpose unless located
within a building and not visible from the exterior of the building. See
Ordinance #39.
Significant Historic Site. Any archaeological site, standing structure, or
other property that meets the criteria for eligibility to the National
Register of Historic Places or is listed in the State Register of Historic
Sites, or is determined to be an unplanted cemetery that falls under the
provisions of Minnesota Statutes, Section 307.08. A historic site meets
these criteria if it is presently listed on either register or if it is
determined to meet the qualifications for listing after review by the
Minnesota State Archaeologist or the Director of the Minnesota
Historical Society.
Sit-Down Restaurant. A restaurant in which more than 20% of the gross
sales are through table service.
Site Plan. An outline in detail of the proposed layout of all proposed
structures, driveways, parking. Landscaping and other improvements,
drawn to an appropriate scale.
13
Subd. 139.
Subd. 140.
Subd.141.
Subd. 142.
Subd. 143.
Subd. 144.
Subd. 145.
Story. That portion of a building, other than a basement, which is
between the surface of any floor and the surface of the floor next above
it; or if there is no floor above, the space between the floor and the
ceiling next above.
.
Story-Half. That portion of a building under a gable, hip or gambrel roof
the wall plates of which, on at least two opposite exterior walls, are not
more than two feet above the floor of such story.
Steep Slope. Land where agricultural activity or development is either
not recommended or described as poorly suited due to slope steepness
and the site's soil characteristics, as mapped and described in available
County soil surveys or other technical reports, unless appropriate design
and construction techniques and farming practices are used in accordance
with the provisions of this ordinance. Where specific information is not
available, steep slopes are land having average slopes over twelve
percent (12%), as measured over horizontal distances of fifty (50) feet or
more.
Street Access. A public right-of-way which affords the principal means
of accessing abutting property.
Structure. Anything constructed, moved or erected, the use of which
requires location on the ground or attached to something having a fixed
location on the ground, but excluding fences, sidewalks, retaining walls
and items of an ornamental, decorative or incidental nature.
Structural Alteration. Any change made to existing support members,
columns, beams, girders or foundations except those which are solely of
an ornamental, decorative or incidental nature.
Subdivision. The separation of an area, parcel or tmct of land under
single ownership into two or more parcels, tracts, lots or long-term
leasehold interests where the creation of the leasehold interest
necessitates the creation of streets, roads, or alleys, for residential,
commercial, industrial, or other uses or any combination thereof, except
the following:
(a.) Where all the resulting parcels, tracts, lots, or interests will be
twenty (20) acres or larger in size and five hundred (500) feet in
width for residential uses and five (5) acres or larger in size for
commercial and industrial uses.
(b.) Creating cemetery lots.
(c.) Resulting from court orders or the adjustment of a lot line by the
relocation of a common boundary. The purpose or the activity
for which the land or building thereon is designed, arranged, or
intended
Subd. 146. Townhouse. Attached dwelling units of three or more, each with
separate means of access which are not a condominium.
14
..
Subd. 147. Travel Trailers. A mobile vehicle with wheels, designed for overnight
living or camping purposes, capable of being towed by a motor vehicle.
Subd. 148. Use. The purpose or activity for which land or a building is designed or
intended, or for which it is occupied or maintained.
Subd. 149. Usable Open Space. A ground area on a lot, which is graded, developed,
landscaped or equipped or intended and maintained for recreation or
leisure, available to and usable by persons occupying a dwelling unit and
their guests.
Subd.150. Variance. A modification ofthe literal provisions of the Zoning
Ordinance in instances where their strict enforcement would cause undue
hardship to the property owner because of circumstances unique to the
property under consideration.
Subd. 151. Vehicle. A car, van, truck, motorcycle, snowmobile, motor home,
camper, trailer, boat or similar item licensed by the State of Minnesota
and as defined in Minn. Stat. 169.01, Sub. 1, for use on roadways or
waterways, excluding bicycles.
Subd. 152. Vehicle, Abandoned. Any vehicle as defined in this Section, which
does not have lawfully affixed or attached thereto an unexpired state
registration or license plate or plates, or the condition of which is
wrecked, dismantled, partially dismantled, inoperative, abandoned or
discarded.
Subd. 153. Wall, Retaining. A structure that is erected as a permanent barrier,
affixed along its entire length to the ground or some other immovable
structure to impede the movement or the erosion of soil.
Subd. 154. Water-Oriented Accessory Structure or Facility. A small, above-ground
structures or other improvements except stairways, fences, docks and
retaining walls, which because of the relationship of its use to a surface
water feature, reasonably needs to be located closed to public waters than
the normal structure setback. Examples of such structures and facilities
include boathouse, gazebos, screen houses, fish houses, pump houses and
detached docks.
Subd. 155. Wetland. Land that is transitional between terrestrial and aquatic
systems where the water table is usually at or near the surface or that is
covered by shallow water. For purposes of this definition, wetlands must
have the following three (3) characteristics:
(a.) Predominance of hydric soils;
(b.) Are inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support a prevalence of
hydrophytes vegetation typically adapted for life in saturated soil
conditions; and
15
(c.) Under normal conditions, support a prevalence of such
vegetation.
Subd. 156. Yard. That portion of a lot between a lot line, and a building on the lot.
Subd. 157. Yard, Exterior. A side yard which abuts a street or public right-of-way
along the side lot line.
Subd. ] 58. Yard, Front. The area extending along the full width of the lot between
the side lot lines from the street right-of-way line to the principal
building on the lot or to a depth required in the yard regulations of the
Zoning District in which the individual lot is located.
Subd. 159. Yard, Interior Side. A side yard which abuts an adjacent side yard or
back yard along the side lot line.
Subd. 160. Yard, Rear. The area extending along the full width of the lot between
the side lot lines from the side lot line to the principal building on the lot
or as specified in the yard regulations for the Zoning District in which
the individual lot is located.
Subd. 16] .Yard, Side. The area extending along the full depth ofthe lot between
the front and rear lot lines from the side lot line to the principal building
on the lot.
Subd. 162. Zero Lot Line. An allowance that provides for one (1) zero side yard
setback for residential structures. The intent is to allow residential
structures in M-l, R-2A, R-2, R-3 and R-4 to be placed on a side yard lot
line in order to provide a more usable side yard provided that no
windows or doors open on this side orthe structure. Other setbacks as
defined for these zoning districts will otherwise applv.
Subd. 163. Zoning District. An area for which specific regulations and requirements
are established to govern land use, lot specifications, structures and
building dimensions.
Subd. 164. Zoning Map. A map that designates the location and boundaries of the
City's Zoning Districts.
16
Section 410 - DISTRICTS (revised 5/17/04)
410.01 Division of City into Districts. The City of Centerville is divided into the
following zoning districts:
Subd. 1. Residential.
(a) R-1 Rural Residential 10 Acres
(b) R-2A Single Family Residential 11,500 SF
(c) R-2 Single Family Residential 15,000 SF
(d) R-4 Single Family Manufactured 7,500 SF
(e) R-5 Single Family Estate 17,500 SF
Subd. 2.
B-1: Commercial District. See Section 421.
Subd. 3.
1-1: Industrial.
Subd. 4.
P-1: Public/Semi-Public.
Subd. 5.
M-l; Mixed Use. See Section 420.
410.02 Zoning Map. The location and boundaries of the City ofCenterville's zoning
districts are designated in the City's Zoning Map and all notations, references and
data shown on the Zoning Map are hereby adopted by reference and declared to
be part of this Ordinance as the Official Zoning Map.
The City of Centerville Zoning Map shall be on permanent file and available for
public inspection in the City Hall. It shall be the responsibility of the City Clerk
to maintain and keep the Zoning Map up to date and to record each amendment
thereto within 30 days after official publication of the ordinance adopting the
amendment.
410.03 District Boundaries. The boundaries between districts are, unless otherwise
indicated, intended to follow parallel or perpendicular to lot lines, the centerlines
of streets, alleys, waterways or rights-of-way or property lines, or such lines as
extended.
410.04 Yards. Generally, the minimum depth of a yard for each District shall be as
defined in its respective Section as described in this Ordinance #4.
a. All structures, whether attached to the principal structure or not,
and whether open or enclosed, including porches, carports,
1
balconies or platforms above normal grade level shall not project
into any minimum front, side or rear yard.
b. Lots which abut on more than one (1) street shall provide the
required front yards along each street for the principal structure.
Side yard setbacks for an accessory structure will apply to the
frontage that is not considered to be the required front yard.
c. Any principal structure situated on lands contiguous to or abutting
any portion of the public lakes in Centerville shall maintain yard
setbacks of seventy-five (75) feet from a lake. Where the adjacent
structures have yard setbacks different from these requirements,
the minimum setback from a lake shall be the average setback of
such adjacent structures to a minimum of fifty (50) feet.
d. The minimum side or rear yard depths for the following non-
residential structures or uses which abut any lot in any Residential
District shall be: Which is allowed in the side yard and which is in
the rear yard? The above statement states, "side or rear yard
depths, but the following do not distinguish which is for which.
1. Off Street Parking. Spaces and access drives for non-
residential uses - twenty (20) feet.
2. Churches. Schools and Public or Semi-Public Structures. Forty
(40) feet.
3. Recreation Facilities, Entertainment Facilities, Business Uses,
and Industrial Uses. Sixty (60) feet.
2
Section 415 - RURAL RESIDENTIAL (R-l)
(5/17/04)
415.01 Purpose. The purpose of the R-l District is to allow agricultural activities and
non-sewered residential dwellings as interim uses of the land. The City has
limited vacant land for development and all land in the City is planned for
eventual urban uses. Because of the limited duration anticipated for the
agricultural uses in the City and the incompatibilities which often exist between
agricultural and non-agricultural uses, permitted uses in the R-l District will not
reflect intensive commercial agricultural uses.
415.02 Permitted Uses. Within an R-l District, only the following uses are permitted:
(a) Single-family, detached, dwellings at a density not exceeding one (1)
home per ten (10) acres.
(b) Residential accessory uses and home occupations.
(c) Crop production and vegetable gardening.
(d) Produce stands for products raised on the premises.
(e) Tree nurseries and sod farms.
(f) Horses, livestock and fowl, not exceeding a density of one (1) horse or
livestock animal per acre ofthree (3) fowl per acre.
415.03 Permitted Conditional Uses.
415.04 Accessory Uses.
(a) Accessory buildings, private garages and parking for passenger
cars and recreational vehicles and trucks.
(b) Swimming pools that comply with the provisions of Section 65
(Division 65).
1. No part of a swimming pool may be located within 10 feet
from the side yard lot line or within 75 feet from the natural
high water elevation of a lake.
2. No swimming pool may be located in a front yard.
3. The filter unit, pump, heater unit and any other mechanical
equipment must be at least 25 feet from any neighboring
residential structure, at least 10 feet from any side yard lot line
and at least 75 feet from the natural high water elevation of a
lake.
(c) Tennis Courts.
(d) Decorative landscaping features, including but not limited to pools,
arbors and terraces.
(e) Lawn, garden and utility buildings.
(f) Patios, covered and uncovered porches, gazebos and picnic
shelters.
Garages, accessory structures, screen walls and exposed areas of retaining walls
shall be of similar type, quality, and appearance as the principal structure.
Accessory structures shall comply with all of Subd. 421.03, Accessory Structures
and Uses.
415.05 Dimensional Regulations.
Subd. 1. Height. No structures or other buildings may be erected to a height
exceeding thirty-five (35) feet without the issuance of a Special Use
Permit by the City.
Subd.2. Area and Width. No dwelling or other agricultural accessory buildings
housing animals may be constructed or placed on a lot of less than ten
(10) acres or less than 300 feet in width at the building setback line.
Subd. 3. Minimum Floor Area. The minimum building size in the R-1 District is
1,050 SF.
Subd.4. Special Requirements of the R-1 Zoning District. Agricultural uses
permitted in R-1 Districts are subject to the following requirements:
(a) Feed lots, runs, pens, and similar intensively used facilities for animal
raising and care shall not located within 300 feet of a neighboring
property.
(b) Accessory farm buildings shall not be erected within 100 feet of a
neighboring property.
(c) Comer lots shall not have anything erected, placed, planted or allowed
to grow in such a manner as to materially impede sight lines between a
height of two and one-half (2 Yz) and ten (10) feet above the centerline
grades of the intersecting streets in a triangle bounded by the street of
the lot and a line joining points along the street lines fifty (50) feet
from the point of the intersection.
Subd.5. Front Yard. The front yard shall have a setback of35 feet from the front
property line.
Subd. 6. Side Yard. Dwellings must have 2 side yards, each with a minimum
width of 10 feet
Subd.7. Rear Yard. The rear yard must have a depth of25 feet.
Subd.8. Outside Storage for Dwellings in R-1 Zoning District. All products,
materials and equipment, except as specifically provided in this
Ordinance, shall be stored within permitted
structures, except for the following:
(a.) Agricultural products, equipment and appurtenances owned by the
owner of the property and used on the property on which they are
kept.
(b.) All licensed and operational motor vehicles shall be parked on the
permitted driveway area. Any non-licensed, non-operational
vehicles must be stored in an enclosed structure. None ofthese
items may have an overall length from front to back in excess of
thirty-five (35) feet.
(c.) A maximum oftwo (2) ofthe following units may be stored
outside of a structure for more than forty-eight (48) hours on any
residential parcel provided they are stored on the permitted
driveway area outside of the road right-of-way or are in a side or
rear yard. A licensed motor home or fifth wheel trailer is allowed
in a side yard or rear yard.
1. Boat
2. Camper
3. Motor Home
4. Sno'.vmobilc's Snowmobile
5. Personal Watercraft
6. Personal Utility Trailer
7. Ice House
8. Small Construction Equipment
(d.) Clothes lines, antennas, air conditioners, outdoor grills, play
equipment, ornaments and monuments.
(e.) Temporary storage of materials and equipment during construction
and landscaping.
(f.) Lakeshore properties can store the following items of personal
property within fifty (50) feet of the shoreline during the months
from September to May, including docks, boat lifts, swim rafts,
slides and other swimming equipment.
Section 416 - HIGH DENSITY SINGLE F AMIL Y RESIDENTIAL (R-
2A) (revised OS/27/04)
416.01 Purpose. The purpose of the R-2A District is to provide for higher density single
family detached, attached and multiple dwelling opportunities in areas where
public utilities are available and required for service and which may serve as a
transitional use between less dense residential uses and non-residential uses. The
design and circulation of new R-2A residential areas are also intended to be
complimentary with and an enhancement to the community's small town
atmosphere.
416.02 Permitted Uses. Within the R-2A District, only the following uses are permitted:
(a) Single-Family, detached dwellings.
(b) Single-Family, attached dwellings with more than 4 dwelling units per
building.
(c) Apartments or condominiums at a density not exceeding 12 units per
acre.
(d) Accessory Uses.
1. No more than two (2) accessory structures are permitted on
any Single-Family, detached dwelling parcel located in this
District.
2. Combined aggregate square footage for accessory
structures may not exceed two hundred (200) square feet or
two percent (2%) of the lot area, whichever is greater.
3 No accessory structure may be constructed on a parcel
without a principal structure.
4. An accessory building detached and not a part of a main
building shall be constructed and sited no closer than six
(6) feet to the main building, except as otherwise provided
in this Ordinance.
(e) Park and recreation uses.
(f) Day care facilities.
(g) Residential facilities.
416.03 Dimensional Regulations.
Subd. 1. Height. No structures or other buildings may be erected to a height
exceeding thirty- five (35) feet without the issuance of a Special Use Permit by
the City.
Subd.2. Area and Width. No dwelling may be constructed or placed on a lot of
less than 11,500 SF or less than 80 feet in width at the building setback line.
Subd.3. Minimum Floor Area. The minimum building size in the R-2A District
is 900 SF.
Subd.4. Front Yard. The front yard shall have a setback 01'35 feet from the front
property line.
Subd.5. Side Yard. Dwellings must have 2 side yards, each with a minimum
width of 10 feet
Subd.6. Rear Yard. The rear yard must have a depth 01'25 feet.
Subd.7. Special Requirements of the Zoning District. Corner lots shall not
have anything erected, placed, planted or allowed to grow in such a manner as to
materially impede sight lines between a height of two and one-half (2 12) and ten
(10) feet above the centerline grades of the intersecting streets in a triangle
bounded by the street of the lot and a line joining points along the street lines fifty
(50) feet from the point of the intersection.
Section 417 - SINGLE FAMILY RESIDENTIAL (R-2) (Revised
05/17/04)
417.01 Purpose. The purpose of the R-2 District is to provide for lower density
traditional single family detached dwelling opportunities in areas where public
utilities are available and required for service. The design and circulation of new
R-2 residential areas are also intended to be complimentary with and an
enhancement to the community's small town atmosphere
417.02 Permitted Uses and Structures.
(a) Single-Family, detached dwellings.
(b) Single-Family, attached dwellings with two (2) units.
(c) Accessory uses.
(d) Public Parks and Recreational Facilities.
(e) Day Care Facilities.
(f) Residential Facilities.
(g) Home Occupations.
417.03 Permitted Conditional Uses.
417.04 Accessory Uses. No accessory structure may be constructed on a parcel without
a principal structure. Accessory structures must have a minimum of a five (5)
foot side yard setback; may not exceed ten (10) feet in height; and any accessory
building, unless attached to and made a part of the principal building, shall not be
closer than six (6) feet to the main principal, except as otherwise provided in this
subdivision. No structure may be placed in an easement of any type.
The total area of an attached accessory building (garage) shall be no greater than
1500 square
feet per level. Swimming pools may exceed the size requirements for accessory
structures, but
they can not exceed fifty percent (50%) of the rear yard.
No more than two (2) accessory structures are permitted on any single-family,
detached
dwelling parcel located in this zoning district. The combined aggregate square
footage for
these accessory structures may not exceed two hundred (200) square feet or two
percent (2%)
of the lot area, whichever is greater.
417.05 Dimensional Regulations.
Subd. 1. Height. No structures or other buildings may be erectcd to a height
exceeding thirty-
five (35) feet without the issuance of a Special Use Permit by the City.
Subd.2. Area and Width. No dwelling may be constructed or placed on a lot of
less than
15,000 SF or less than 100 feet in width at the building setback line.
Subd.3. Minimum Floor Area. The minimum building size in the R-2 District is
1,050 SF.
Subd.4. Special Requirements of the Zoning District. Comer lots shall not have
anything erected, placed, planted or allowed to grow in such a manner as
to materially
impede sight lines between a height of two and one-half (2 Yz) and ten (10)
feet above
the centerline grades of the intersecting streets in a triangle bounded by the
street of the
lot and a line joining points along the street lines fifty (50) feet from the
point of the
intersection.
Subd.5. Front Yard. The front yard shall have a setback of35 feet from the front
property
line.
Subd. 6. Side Yard. Dwellings must have 2 side yards, each with a minimum
width of 10 feet
S ubd. 7. Rear Yard. The rear yard must have a depth of 25 feet.
Section 418 - SINGLE FAMILY, MANUFACTURED HOUSING (R-4)
(revised 05/17/04)
418.01 Purpose. The intended purpose of the R-4 is to provide for high density single-
family, attached and detached residential opportunities in areas where public utilities are
available and required for service. This district is to provide safe and attractive
residential neighborhoods with all urban services and the desired amenities as other
residential areas of the City.
417.01 Permitted Uses and Structures.
(a) Single-Family, detached dwellings.
(b) Single-Family, attached dwellings with two (2) units.
(c) Accessory uses.
(d) Public Parks and Recreational Facilities.
(e) Day Care Facilities.
(f) Residential Facilities.
(g) Home Occupations.
417.02 Permitted Conditional Uses.
417.03 Accessory Uses. No accessory structure may be constructed on a parcel without
a principal structure. Accessory structures must have a minimum of a five (5)
foot side yard setback; may not exceed ten (10) feet in height; and any accessory
building, unless attached to and made a part of the principal building, shall not be
closer than six (6) feet to the main principal, except as otherwise provided in this
subdivision. No structure may be placed in an easement.
The total area of an attached accessory building (garage) shall be no greater than
1,500 square feet per level. Swimming pools may exceed the size requirements
for accessory structures, but they can not exceed fifty percent (50%) ofthe rear
yard.
No more than two (2) accessory structures are permitted on any single-family,
detached dwelling parcel located in this zoning district.
417.04 Dimensional Regulations.
Subd. 1. Height. No structures or other buildings may be erected to a height
exceeding thirty-five (35) feet without the issuance of a Special Use Permit by
the City.
Subd. 2. Area and Width. No dwelling may be constructed or placed on a lot of
less than 7,500 square feet or less than 60 feet in width at the building setback
line.
Subd.3. Minimum Floor Area. The minimum building size in the R-4 District is
1,050 SF. All dwellings shall have a minimum width of twenty-four (24) feet at
its narrowest point, with the exception of the M-1 District.
Subd.4. Special Requirements of the Zoning District.
Manufactured homes are permitted in all residential districts if they
meet the design criteria for such districts, as stated in Section 105
Definitions, Subd. 103. All other manufactured homes shall be
located only in designated manufactured home districts, which
meet the requirements of this Ordinance.
No person shall erect, establish, extend or enlarge a manufactured
housing development within the city limits of the City of
Centerville without first submitting a Site Plan for review by the
Planning and Zoning Commission and approval from the City
Council. Approval shall be granted only upon compliance with the
following:
1. Compliance with the requirements of the City's Zoning
Ordinance #4;
2. Compliance with the requirements of the City's
Ordinance #8, Regulation the Subdivision and Platting
of Land;
3. Compliance with the requirements of the City's
Ordinance #3, Subdivision;
The proposed development must be served by public utilities as
approved by the City Council.
Comer lots shall not have anything erected, placed, planted or
allowed to grow in such a manner as to materially impede sight
lines between a height of two and one-half (2 12) and ten (10) feet
above the centerline grades of the intersecting streets in a triangle
bounded by the street of the lot and a line joining points along the
street lines fifty (50) feet from the point of the intersection.
,-
Subd.5. Front Yard. The front yard shall have a setback of 15 feet from the front
property line.
Subd. 6. Side Yard. Dwellings must have 2 side yards, each with a minimum
width of 10 feet.
Subd. 7. Rear Yard. The rear yard must have a depth of 20 feet.
Section 419 - SINGLE FAMILY, RESIDENTIAL ESTATE (R-5)
419.01 Purpose. The intended purpose of the R-5 is to provide for low density
traditional single family residential where public utilities are available and
required for service. The design and circulation of new residential areas are also
intended to be complementary with and enhance the community's small town
atmosphere.
419.02 Permitted Uses and Structures.
(a) Single-Family, detached dwellings.
(b) Accessory uses.
(c) Public Parks and Recreational Facilities.
(d) Day Care Facilities.
(e) Residential Facilities.
(f) Home Occupations. (See Subd.
419.02 Permitted Conditional Uses.
419.03 Accessory Uses.
419.04 Dimensional Regulations.
Subd. 1. Height. No structures or other buildings may be erected to a height
exceeding thirty- five (35) feet without the issuance of a Special Use Permit by
the City.
Subd.2. Area and Width. No dwelling may be constructed or placed on a lot of
less than 17,500 square feet or less than 100 feet in width at the building setback
line.
Subd.3. Minimum Floor Area. The minimum building size in the R-5 District is
1,200 square feet.
Subd.4. Special Requirements of the Zoning District. Comer lots in any
Residential Zoning District shall not have anything erected, placed, planted or
allowed to grow in such a manner as to materially impede sight lines between a
height of two and one-half (2 Yi) and ten (10) feet above the centerline grades of
the intersecting streets in a triangle bounded by the street of the lot and a line
joining points along the street lines fifty (50) feet from the point of the
intersection.
Subd.5. Front Yard. The front yard shall have a setback of thirty-five (35) feet
from the front property line.
Subd. 6. Side Yard. Dwellings must have two (2) side yards, each with a
minimum width often (10) feet.
Subd.7. Rear Yard. The rear yard must have a depth of twenty-five (25) feet.
;1
Section 419 - SINGLE FAMILY, RESIDENTIAL ESTATE (R-5)
(revised 5/24/04)
419.01 Puroose. The intended purpose ofthe R-5 is to provide for low density
traditional single family residential where public utilities are available and
required for service. The design and circulation of new residential areas are also
intended to be complementary with and enhance the community's small town
atmosphere.
419.02 Permitted Uses and Structures.
(a) Single-Family, detached dwellings.
(b) Accessory uses.
(c) Public Parks and Recreational Facilities.
(d) Day Care Facilities.
( e) Residential Facilities.
(f) Home Occupations. (See Subd.
419.02 Permitted Conditional Uses.
419.03 Accessory Uses.
419.04 Dimensional Regulations.
Subd. 1. Height. No structures or other buildings may be erected to a height
exceeding thirty- five (35) feet without the issuance of a Special Use Permit by
the City.
Subd. 2. Area and Width. No dwelling may be constructed or placed on a lot of
less than 17,500 square feet or less than 100 feet in width at the building setback
line.
Subd.3. Minimum Floor Area. The minimum building size in the R-5 District is
1,200 square feet.
Subd. 4. Special Requirements ofthe Zoning District. Comer lots in any
Residential Zoning District shall not have anything erected, placed, planted or
allowed to grow in such a manner as to materially impede sight lines between a
1
height of two and one-half (2 Yz) and ten (10) feet above the centerline grades of
the intersecting streets in a triangle bounded by the street of the lot and a line
joining points along the street lines fifty (50) feet from the point of the
intersecti on.
Subd.5. Front Yard. The front yard shall have a setback of35 feet from the front
property line.
Subd.6. Side Yard. Dwellings must have 2 side yards, each with a minimum
width of 10 feet.
Subd. 7. Rear Yard. The rear yard must have a depth of 25 feet.
2
Section 419 - SINGLE FAMILY, RESIDENTIAL ESTATE (R-5)
(revised 5/24/04)
419.01 Purpose. The intended purpose of the R-5 is to provide for low density
traditional single family residential where public utilities are available and
required for service. The design and circulation of new residential areas are also
intended to be complementary with and enhance the community's small town
atmosphere.
419.02 Permitted Uses and Structures.
(a) Single-Family, detached dwellings.
(b) Accessory uses.
(c) Public Parks and Recreational Facilities.
(d) Day Care Facilities.
(e) Residential Facilities.
(f) Home Occupations. (See Subd.
419.02 Permitted Conditional Uses.
419.03 Accessory Uses.
419.04 Dimensional Regulations.
Subd. 1. Height. No structures or other buildings may be erected to a height
exceeding thirty- five (35) feet without the issuance of a Special Use Permit by
the City.
Subd. 2. Area and Width. No dwelling may be constructed or placed on a lot of
less than 17,500 square feet or less than 100 feet in width at the building setback
line.
Subd.3. Minimum Floor Area. The minimum building size in the R-5 District is
1,200 square feet.
Subd. 4. Special Requirements ofthe Zoning District. Comer lots in any
Residential Zoning District shall not have anything erected, placed, planted or
allowed to grow in such a manner as to materially impede sight lines between a
1
height of two and one-half (2 1;2) and ten (10) feet above the centerline grades of
the intersecting streets in a triangle bounded by the street of the lot and a line
joining points along the street lines fifty (50) feet from the point of the
intersection.
Subd.5. Front Yard. The front yard shall have a setback of35 feet from the front
property line.
Subd. 6. Side Yard. Dwellings must have 2 side yards, each with a minimum
width of 10 feet.
Subd.7. Rear Yard. The rear yard must have a depth of twenty-five (25) feet.
2
Section 420 - MIXED USE (M-l) (revised 5/17/04)
420.01 Purpose. The intended purpose of the M-1 is to provide for the unique layout and
character of a development that combines two (2) or more different land uses on the same
lot or contiguous lots in the same land use zone, such as retail uses and residential uses.
420.02
Permitted Uses and Structures.
(a) Retail sales conducted within structures, but excluding automobile
and motorized equipment sales, truck stops, gasoline and fuel
sales, drive through restaurants.
(b) Repair and service conducted within structures, but excluding
automobile and motorized equipment repair.
(c) Professional and business offices.
(d) Multiple residences and accessory uses.
(e) Accessory apartments.
(t) Theaters and recreational businesses conducted within structures.
(g) Public buildings.
420.03
Permitted Conditional Uses.
420.04
Accessory Uses.
(a) Commercial uses within the M-1 District will follow the
Commercial guidelines for required percentages of green spaces.
See Section 421, Commercial District (B-1).
(b) For all other properties in the M-1 District, the maximum
accessory structure allowed 704 SF and not exceeding the size of
the principal structure if an attached garage does not exist.
(c) Minimum garage size for the M-1 District is 240 SF.
420.05
Dimensional Regulations.
Subd. 1. Height. No structures or other buildings may be erected to a height
exceeding thirty-five (35) feet without the issuance of a Special Use
Permit by the City.
1
420.05
Subd. 2. Area and Width. No dwelling may be constructed or placed on a lot of
less than 7,500 SF or less than 50 feet in width at the building setback
line.
Subd.3. Minimum Floor Area. The minimum building size in the M-l District
for residential uses is 1,050 SF and for commercial uses is 1,000 SF.
Subd. 4. Front Yard. Setbacks are governed by State Building Code.
Subd.5. Side Yard. See Section 405, Subd. 162, Zero Lot Line. Setbacks are
also governed by the State Building Code.
Subd. 6. Rear Yard. Setbacks are governed by State Building Code.
Special Requirements of the M -1 Zoning District.
Subd. 1. M-l Provides Greater Flexibility. It is the intent of these provisions to
allow for flexibility of land uses and exceptions to traditional
dimensional standards, when other conditions and special requirements
are met. These provisions are not meant to allow umestricted
leapfrogging "spot zoning" of land uses or the disregard for
compatibility of land uses.
Greater flexibility in zoning regulations often leads to more
subjectivity in land use interpretations. In making zoning
decisions about land use compatibility and dimensional criteria for
uses and structures, the City shall have broad discretion to protect
the public health, safety and welfare; and to protect the residential
integrity of the Mixed Use Zoning District and surrounding
residential neighborhoods.
Subd. 2. Site Plan Review Process. Setbacks and lot coverage for new or
expanded structures shall be determined through the Site Plan Review
process by the Planning and Zoning Commission. Factors to be
considered in the determination shall include, but not Be limited to,
existing setbacks, structural appearance, site drainage, public access,
pedestrian safety, automobile safety, intersection visibility, height,
parking, landscaping and other site design factors. Residential dwellings
shall not be prohibited or discouraged in the M -1 Zoning District.
Subd.3. Conversion of Residential Structure for Commercial Use. The use or
conversion of a residential structure for commercial use, other than a
home occupation situation, shall require a Site Plan approval by the
Planning and Zoning Commission. Factors to be considered for such a
use conversion include, but not limited to, compatibility with adjacent
2
land uses, structural appearance, structural adaptability, investment
relationship, term or length of conversion (interim or permanent) and
consistency with any land use plans prepared by the City for the Mixed
Use Zoning District.
Subd.4. Architectural Design. The architectural design and exterior building
materials used in connection with any new or expanded use or structure
shall be consistent with any architectural design or aesthetic control
requirements established by the City for the Mixed Use District.
Subd.5. Zero Lot Lines. In new residential subdivisions in M-l, R-2A, R-2, R-3
and R -4 Residential Zoning Districts, structures may be arranged to
include one (1) zero lot line provided that no windows or doors open on
this side of the structure. The appropriate setbacks apply.
Subd.6. Comer Lots. Comer lots in M-l or any Residential Zoning District shall
not have anything erected, placed, planted or allowed to grow in such a
manner as to materially impede sight lines between a height of two
and one-half (2 ~) and ten .QQ} feet above the centerline grades of
the intersecting streets in a triangle bounded by the street of the lot
and a line joining points along the street lines fifty !iQLfeet from
the point of the intersection.
Subd.7. Outside Storage for Dwellings in M-l Zoning District. All products,
materials and equipment, except as specifically provided in this
Ordinance, shall be stored within permitted
structures, except for the following:
a. Agricultural products, equipment and appurtenances owned
by the owner of the property and used on the property on
which they are kept.
b. All licensed and operational motor vehicles shall be parked
on the permitted driveway area. Any non-licensed, non-
operational vehicles must be stored in an enclosed
structure. None of these items may have an overall length
from front to back in excess of thirty-five (35) feet.
c. A maximum of two (2) of the following units may be
stored outside of a structure for more than forty-eight (48)
hours on any residential parcel provided they are stored on
the permitted driveway area outside of the road right-of-
way or are in a side or rear yard. A licensed motor home or
fifth wheel trailer is allowed in a side yard or rear yard.
1. Boat
2. Camper
3
3. Motor Home
4. Snmvmobilc's Snowmobile
5. Personal Watercraft
6. Personal Utility Trailer
7. Ice House
8. Small Construction Equipment
d. Clothes lines, antennas, air conditioners, outdoor grills,
play equipment, ornaments and monuments.
e. Temporary storage of materials and equipment during
construction and landscaping.
f. Lakeshore properties can store the following items of
personal property within fifty (50) feet of the shoreline
during the months from September to May, including
docks, boat lifts, swim rafts, slides and other swimming
equipment.
4
Section 421- COMMERCIAL DISTRICT (B-1)
(5/17/04)
421.01 Purpose. The intended purpose of the Commercial District, B-1, is to provide
opportunities for retail and service business uses which require larger
development sites, highway visibility or highway access. The following
minimum requirements, as set forth, shall apply to all buildings that may be
erected, converted or structurally altered in the B-1 Zoning District.
421.02 Permitted Uses and Structures.
a.) Retail sales conducted within structures, but excluding automobile
and motorized equipment sales, truck stops, gasoline and fuel
sales, drive through restaurants.
b.) Repair and service conducted within structures, but excluding
automobile and motorized equipment repair.
c.) Professional and business offices.
d.) Multiple residences and accessory uses.
e.) Accessory apartments.
f.) Theaters and recreational businesses conducted within structures.
g.) Public buildings.
421.03 Permitted Conditional Uses.
421.04 Accessory Uses.
Commercial uses within the M-l District will follow the Commercial guidelines
for required percentages of green spaces. See Section 421, Commercial District
(B-1).
421.05 Dimensional Regulations.
Subd. 1. Height. No structures or other buildings may be erected to a height
exceeding thirty-five (35) feet without the issuance of a Special Use
Permit by the City.
Subd.2. Area and Width. No structure may be constructed or placed on a lot of
less than 20,000 SF or less than 150 feet in width at the building setback
line.
1
Subd.3. Minimum Floor Area. The minimum building size in the B-1 District
for commercial uses is 1,000 SF.
Subd.4. Front Yard. The front yard shall have a minimum setback of 30 feet
from the front property line.
Subd.5. Side Yard. Each side yard shall have a minimum setback of20 feet
from the side property line.
Subd.6. Rear Yard. The rear yard shall have a minimum setback of30 feet
from the front property line.
421.06 Special Requirements of the Zoning District.
Subd. 1. Outside Storage. Storage of products, materials and equipment,
excluding rubbish or junk, which is necessary to an approved
business operation in a Commercial District, and which is
completely screened from adjoining properties and rights-of-way.
Permitted outside storage, required surfacing for outside storage and
screening of the items to be stored outside will be considered
at a Site Plan Review hearing before the Planning and Zoning and
the City Council.
Outside display of vehicles, equipment and merchandise for direct
sale to consumers when such outside display is customary and
necessary to the business is a permitted use within the zoning
district.
Subd. 2. Off Street Parking.
1. Minimum space for a single vehicle shall be nine (9) feet
by eighteen (18) feet.
2. Off-street parking shall be surfaced with asphalt or
concrete, and with permanent concrete curbs to define
driveways and parking limits. Plans and specifications for
parking areas shall be reviewed by the Rice Creek Water-
shed, and approved by the City. Approval from the City
will occur only after completion of the site plan review
process, which requires a hearing before the Planning and
Zoning Commission and the City Council.
3. There shall be no off-street parking within five (5) feet from any
street right-of-way nor five (5) feet from any other lot line.
4. See Section 422.08, Parking Requirements.
2
Subd.3. Commercial Exterior Building Materials. Except as otherwise regulated
within this Ordinance, the exterior wall surfaces of all new or expanded
commercial buildings shall consist of face brick, finished block or other
textured masonry product approved by the Planning and Zoning
Commission. Exceptions to all masonry exteriors may be considered
and approved for recommendation by the Planning and Zoning
Commission, provided the following findings are met:
a.) The combination of exterior materials is used as an
architectural compliment to the structure.
b.) The combination of exterior materials used is not
inconsistent with the quality and appearance used on
similar buildings in the same Zoning District.
c.) Site conditions limit public exposure to certain exterior
surfaces where masonry products are not proposed.
d.) An exterior wall may be temporary and a future expansion
area of a structure and be subject to removal or redesign as
an interior wall.
Buildings are required to have contrasting architectural features and must
be designed to be aesthetically pleasing.
3
Section 422 - GENERAL REGULATIONS (Revised5/24/04)
422.01 Lot Requirements.
Subd. 1. Yards. The minimum depth of front yards, rear yards and side yards for
each Zoning District shall be defined in Sections 415 through 421 and in the
Schedule of Regulations and shall conform to the following additional
regulations:
(a.) lor the plllpose offcomputin~frontyarcldimensions.measurements
l'hall be takeIl fromtl1e nearest pointofthefront wall of the building: to
...the streetright~of-waY line.u
(b.) All structures, whether attached to the principal structure or not, and
whether open or enclosed, including porches, carports, balconies or
platforms about normal grade level shall not project into any minimum
front, side, or rear yard.
(c.) Lots which abut more than one (1) street shall provide the required front
yards along each street for the principal structure. Side yard setbacks for
an accessory structure will apply to the frontage that is not considered to
be the required front yard.
(d.) Any principal structure situated on lands contiguous to or abutting any
portion of the public lakes in Centerville shall maintain yard setbacks of
seventy-five (75) feet from the lake. Where adjacent structures have
yard setbacks do not conform to the 75 foot setback requirements, the
minimum setback from the lake shall be the average setback of such
adjacent structures to a minimum of fifty (50) feet.
(e.) The minimum side and rear yard depths for structures of the following
non-residential uses and that abut any lot in any Residential District shall
be:
1. Twenty (20) feet for each side yard and rear yard for off-street
parking spaces and access drives for non-residential uses.
2. Forty (40) feet for each side yard and rear yard for Churches,
schools and public or semi-public structures.
3. Sixty (60) feet for each side yard and rear yard for recreation
facilities, entertainment facilities, all business uses and all industrial
uses.
422.02 Encroachment in Yards. TIle following are permitted encroachments in yards:
( Formatted: Underline
"{ Formatted: Underline
( Formatted: Underline
Subd. 1.
Cornices, canopies or eaves may extend into the required front yard a
distance not to exceed two (2) feet, six (6) inches.
Subd. 2.
A landing place or uncovered porch may extend into the required front
yard to a distance not exceeding six (6) feet, if the landing place or porch
has its floor no higher than the entrance floor of the building. An open
railing no higher than three (3) feet may be placed around such structure.
Subd.3.
The above-referenced architectural features may also extend into any
side or rear yard to the same extent, except that no porch, terrace, or
outside stairway shall extend more than three (3) feet into any side yard
and then, in the case of an outside stairway, only if it is unroofed and
unenclosed above and below the steps. In no situation shall a porch, stair
landing, or any other architectural feature extend closer than four (4) feet
to the side property line.
(d.) On a comer lot of any residential zoning district, nothing shall be
erected, placed, planted or allowed to grow in such a manner as to
materially impede the sight lines between a height oftwo and one-half
(2 Y:,) feet and ten (10) feet above the centerline grades of the intersecting
streets in a triangle bounded by each street adjacent to the lot and a line
joining points along the street lines fifty (50) feet from the point of the
in tersecti on .Qk~(.LQyrZ\;JLlt s t'lJIprefers5imp I cr:l'!ngpi!&~pc:C<lL1SC i ti"
QjJfi(:L~ t fOIxcsig cn L'?JQLlfLd c rsl<lrJdillliLv;;e,
OR: Suggested language:
No structure. fencing. b,Tfade elevation. or planting in excess of 18
inches above the curb line or centerline grades of intersecting streets is
permitted within the boulevard or right-of-way on comer lots in
residential districts.
.
422.03 Accessory Buildings/Structures.
Subd. 1.
Yards. No detached accessory building may be constructed on a parcel
without a principal structure and cannot be located within any yard other
than the rear yard or thc side yard except in the M-l Zoning District.
Subd. 2.
Minimum Setbacks. No accessory building or any eave or other portion
of any accessory building may be located within five (5) feet of either
side property line or ten (10) feet of the rear property line, except in the
M-l Zoning District.
Subd.3.
Setback from Principal Structure. Unless attached to and made a part of
the principal structure, no eave or other portion of an accessory building
may be closer than six (6) feet to the principal structure, except as
otherwise provided for in this Section.
2
Subd. 4.
Subd. 5.
Subd. 6.
Subd. 7.
Subd. 8.
Limited Number of Structures. No more than two (2) accessory
structures are permitted on any Single-Family, detached dwelling parcel
located in any residential zoning district, except R-l.
Easements. No accessory structure may be placed in any easement.
Design. All accessory buildings constructed after the construction of the
principal structure must be designed and constructed in a manner
consistent with the design and general appearance of the principal
structure. The side walls of an accessory building may not exceed ten
(10) feet in height
The combined aggregate square footage of an accessory structure may
not exceed two hundred (200) square feet or two percent (2%) of the lot
area, whichever is greater, except in the M-I and R-4 Zoning Districts.
Accessory Buildings Attached. If an accessory building is attached to
the principal structure, it will be considered a part of the principal
structure and must comply with all setbacks and other requirements
applicable to the principal structure.
The total area of an attached accessory building (garage) shall be no
greater than 1500 square feet per level.
Erection of More than One Principal Structure on Lot. In any District,
more than one structure housing a conforming principal use may be
erected on a single lot if yard and other requirements of this Ordinance
are met for each structure as though it were on an individual lot.
422.04 Zero Lot Lines. In new residential subdivisions ofM-I, R-2A, R-2, R-3 and R-4
Residential Zoning Districts, structures may be arranged to include one (1) zero lot line
provided that no windows or doors open on this side of the structure. Other appropriate
setbacks apply.
422.05 Excess Height Permit. Upon securing a Special Use Permit, any building may be
erected to a height exceeding that specified for the respective Zoning District
providing:
(a.) No structures or other buildings may be erected to a height exceeding
thirty-five (35) feet without the issuance of a Special Use Permit.
(b.) The front, rear and side yards shall be increased one (1) foot for each one
(l) foot by which the building exceeds the height limit established for
that particular Zoning District.
(c.) A structure is defined as any of the following: television and radio
towers, church towers, belfries, monuments, tanks, water and fire towers,
grain elevators, stage towers and scenery lofts, cooling towers,
3
ornamental towers and spires, chimneys, elevator bulkheads,
smokestacks, conveyors, flagpoles, silos, and air conditioning and
heating units.
(d.) No tower, gable, spire, or similar structure shall be used for sleeping or
eating quarters, or for any commercial purpose except one (I) incidental
to the permitted uses ofthe main building.
422.06 Swimming Pools. Swimming pools are defined as any structure, basing chamber or tank,
used for swimming or bathing, over 24 inches in depth, and that is constructed about or
below ground. Swimming pools may exceed the size requirements for accessory
structures as described in this Section, but they cannot exceed fifty percent (50%) of the
rear yard.
Subd. I.
Easements. No part of a swimming pool may be located within any
private or public utility, workway, drainage, or other easement.
Subd. 2.
Setbacks. No part ofa swimming pool may be located within five (5)
feet of the side yard property line or within ten (l0) feet of the rear yard
property line or within 75 feet from the natural high water elevation of a
lake.
Any swimming pool mechanical equipment, including the filter unit,
pump, heating unit, must be at lease 25 feet from any neighboring
residential structure; at least ten (l0) feet from any side yard property
line; and at least 75 feet rrom the natural high water elevation of a lake.
Subd.3.
Front Yard. No swimming pool may be located in a front yard.
Subd. 4.
Safety Requirements. Safety precautions must be at a minimum to
comply with the following:
(a) All pools must be provided with safeguards to prevent children rrom
gaining uncontrollable access. Safeguards must include a fence at
least six (6) feet in height designed to reasonable prevent
uncontrolled access by children.
(b) All fence openings or points of entry into the pool area enclosure
must be equipped with a gate, and all gates must be equipped with
self-latching devices placed so as to be inaccessible to small children.
The gates must be locked at all times when the pool is not in direct
use.
Subd.5.
Lighting. Lighting used in connection with swimming pools must be
adjusted in a manner as not to interfere with the reasonable use of
adjacent property.
4
Subd. 6.
Subd. 7.
Permits. No permit will be issued unless it meets the requirements of
this Section. No permit will be issued until the Building Inspector is
satisfied that the proposed swimming pool will not be a health hazard
and is to be constructed in such a way so that its future use will not
endanger the health, life or safety of any persons coming in contact with
the swimming pool.
Inspection. The Building Inspector is authorized to conduct any
inspections necessary to ensure compliance with all provisions of this
Section and has the right of entry at any reasonable hour to the
swimming pool for this purpose.
Subd. 1.
422.07 Fences. For purposes of this Section, a fence is as defined in Section 405, Subd. 64.
Subd. 2.
Subd.3.
Subd. 4.
Subd. 5.
Fence Permit Required. A fence permit is required for the construction
or alteration of a fence, and for any additions to a fence. The permit
must be obtained in the name ofthe owner of the property on which the
fence is or will be located. Applications for a permit must be made on
forms provided by the City. The applicant must provide the Building
Inspector with a set of plans and specifications for the fence for review.
Location Requirements. Any fence constructed or altered must be
located entirely upon the private property of the owner to whom the
fence permit was issued. The fence must be set back a distance from the
owner's property line sufficient to avoid encroachment onto adjoining
private or public property or a public right-of-way.
Fence Size. No residential fence shall be over six (6) feet in height, and
no residential fence in a front yard shall be over four (4) feet in height.
Height shall be measured from the natural grade, except that the height
of a railing, wall, fence or screening affixed to a deck constructed on the
ground but raised above ground level, will be measured from the
elevation ofthe raised deck for that portion which is affixed to the raised
deck. On an interior side yard where it abuts a back yard on a corner lot,
a six (6) foot fence is permitted.
Decorative Fence. As used in this Section, a decorative fence means a
wooden vertical post and wooden horizontal rail fencing with no more
than three (3) rails or wood picket style fence with at least two (2) inches
of open space between each picket.
Decorative fences in the front yard may not exceed 36 inches and shall
not be placed in the boulevard or right-of-way.
Swimming Pool Fencing. Private swimming pools with water depths in
excess of24 inches are to be permanently fenced so as to comply with
the fencing requirements of Section 422.06, Subd. 4 (a), Safety
Requirements.
5
Subd. 6.
Subd.7.
Subd. 8.
Subd.9.
Snow-Stop Fencing. Snow-stop fencing may be used from November I
to April 1 and will not require a permit.
Electric and Barbed Wire Fence. Electric fences, hog wire fencing,
barbed wire fencing, and similar fencing will be allowed only in the R-l
Zoning District.
Construction and Maintenance. Every fence must be constructed in a
substantial manner and of substantial material, reasonably suitable for
the purpose for which the fence is intended. The finished side or fencing
material of a fence must face toward adjacent property or a street or alley
and the post and framework for the fence must be on the inwardly facing
side.
Every fence must be maintained in a condition of reasonable repair and
may not by reason of age, decay, accident or otherwise, be allowed to
become or remain in a state of disrepair so as to be or tend to be a
nuisance, causing injury to the public or any abutting property. Any
fence which is dangerous by reason of its construction or state of
disrepair or is otherwise if1jurious to public safety, health or welfare will
be declared to be a nuisance and ordered removed.
Traffic View. No fence may be installed which creates visual
obstructions at any intersection, alley, driveway or street for safe
vehicular, bicycle or pedestrian movement.
422.08 Parking Requirements. All property in the City must comply with the following parking
requirements. The City may modify minimum parking requirements in the M-l District as
part ofthe Site Plan Approval process, if it is determined that the use is consistent with the
purpose of the district and street parking is sufficient to accommodate the use. All property
in the City must comply with the following on-site parking requirements.
Subd. J.
Subd.2.
Parking Spaces.
(a.) Parking spaces must be at least 9 feet by ! 8 feet in the Zoning
Districts of B-1, I and the commercial uses in M-l. Parking
spaces must be clearly marked and painted.
(b.) All vehicles parked on any lot in any Zoning District must be
parked on a surface paved with asphalt or bituminous material,
concrete, cement, brick, or other paved surface.
(c.) Any vehicle without current state registration must be parked in a
garage or other allowable building.
Minimum number of Parking Spaces.
(a.) Residential units must have at lease 2 parking spaces per unit.
6
Subd. 4.
(b.) Churches, theaters, restaurants must have a number of parking
spaces which is not less than 1 parking space per 3 seats.
(c.) Schools must have 1 parking space per classroom plus 1 parking
space per 3 seats in the largest assembly.
(d.) Office units must have 5 parking spaces per 1,000 SF of gross
floor space.
(e.) Retail units must have 6 parking spaces per 1,000 SF of gross
floor space.
(f.) Convenience stores must have 7 parking spaces per 1,000 SF of
gross floor area.
(g.) General services units must have 4 parking spaces per 1,000 SF
of gross floor area.
(h.) Trade business, manufacturing, and other industrial uses must
have three (3) parking spaces per 1,000 SF of gross floor area.
(i.) Car wash businesses must have 5 stacking spaces per bay.
(j.) Drive -Up Restaurants must have 5 stacking spaces plus 1
parking space per 3 seats.
General Parking Regulations.
(a.) When a building is enlarged, additional off-street parking shall be
required only with respect to the additional usable floor area.
Parking spaces may be located on a lot other than that containing
the principal use with the approval of the City Council.
(b.) No parking area or spaces used or designated in connection with
a building in existence on the effective date of this Ordinance
shall be reduced to provide fewer than the minimum number of
parking spaces as required under this Ordinance.
(c.) Minimum requirements for off-street loading shall include:
] . No building shall be hereafter erected, substantially
altered, or its use changed unless off-street parking and
loading spaces have been provided for in accordance with
the provisions of this Ordinance.
2. A loading space shall have a minimum dimension of not
less than twelve (12) feet in width, fifty (50) feet in
7
length, exclusive of driveways, aisles, and other
circulation areas.
3. One (1) off-street loading space shall be provided and
maintained on the same lot for each commercial and/or
industrial use requiring regular delivery of goods and
having a modified gross floor area of more than ten
thousand (10,000) SF.
4. One ([) loading space shall be provided for each
additional twenty-five thousand (25,000) SF or a fraction
thereof. When an application ofthe standards of this
Ordinance with respect to the number of off-street parking
spaces results in the need to provide a fraction of one (I)
space, any fraction of one-half ( Yz ) or less shall be
disregarded and any other fraction shall be construed as
one (I).
5. No off-street loading space shall be located in any yard
adjoining any residential use.
6. Required off-street loading space shall not be included as
off-street parking space in computing the required off-
street parking space.
7. Vehicles utilizing such loading space shall not project into
the public right-of-way.
(d.) Parking areas consisting of five (5) or more off-street parking
spaces shall have individual spaces so marked and shall be so
designed, maintained and regulated that no parking or
maneuvering incidental to parking shall be on any public street,
walk, or alley and so that any vehicle may be parked and
unparked without moving another.
(e.) When an application of the standards of this
Ordinance with respect to the number of off-street parking
spaces results in the need to provide a fraction of one (I)
space, any fraction of one-half ( Yz) or less shall be
disregarded and any other fraction shall be construed as
one (I).
(f.) Required parking and loading spaces, together with driveways,
aisles and other circulation areas, shall be improved in such a
way as to provide a durable and dust-free surface. The property
owner of any parking or loading area shall maintain the area in
good condition without holes and free of all trash, dust, and other
debris.
8
(g.) All parking in all zoning districts and loading areas shall provide
for proper drainage of surface water to prevent the drainage of
such water onto adjacent properties or walkways.
(h.) All off-street parking areas shall have access from driveways
rather than from public streets. Driveway access shall be limited
to twenty-four (24) foot width at the street line.
(i.) All required ingress/egress points, driveways and parking areas
shall be paved with asphalt, concrete, pavers, cobblestone, or
similar material according to minimum City specifications,
excluding R-l Districts. Driveways may not exceed a twenty-
four (24) foot width at the street line.
G.) Required on-site parking space shall be provided on the same lot
as the principal building or use, except that combined or joint
parking facilities may be provided for two (2) or more buildings
or uses in the Commercial District and the Industrial District,
provided that the total number of spaces is not less than the sum
of the requirements for each building or use. The proposed joint
parking space shall be within four hundred (400) feet of the
entrance ofthe use it will serve. A properly drawn legal
instrument, approved by the City, executed by the parties
concerned, for joint use of the off-street parking facilities shall be
filed with the County Recorder's office.
422.09 Outside Storage.
All products, materials and equipment, except as specifically provided in this
Ordinance, shall be stored within structures as allowed by this Ordinance,
except for the following:
Subd. I.
Residential Districts and Dwellings in the M-I Districts.
(a.) Agricultural products, equipment and appurtenances owned by
the owner of the property and used on the property on which they
are kept.
(b.) All licensed and operational motor vehicles shall be parked on
the permitted driveway area. Any non-licensed, non-operational
vehicles must be stored in an enclosed structure.
(c.) A maximum of two (2) ofthe following units may be stored
outside of a structure for more than forty-eight (48) hours on any
residential parcel provided they are stored on the permitted
driveway area outside ofthe road right-of-way or are in a side or
rear yard.
1. Boat
2. Camper
9
3. Motor Home
4. Snowmobile
5. Personal watercraft
6. Personal Utility trailer
7. Ice House
8. Small Construction Equipment
Licensed motor homes or fifth wheel utility trailers are allowed in
the side or rear yards.
Clothes lines, antennae, air conditions, outdoor grills, play
equipment, ornaments and monuments.
9. Temporary storage of materials and equipment during
construction and landscaping.
10. Lakeshore properties can store the following items of
personal property within fifty (50) feet of the shoreline during
the months from September to May:
a. Docks
b. Boat lifts,
c. Swim Rafts
d. Slides
e. Other swimming equipment
422.] o. Surface Water Management.
Storm water shall be managed in accordance with the City's Surface Water
Management Plan, National Urban Runoff Program (NURP) standards for the design of
new storm water ponds and the Minnesota Pollution Control Agency's (MPCA) Urban
Best Management Practices, entitled "Protecting '.Vater Quality in Urban l\rcas"
federal NPDES Phase II regulations for MS4 plans Storm Water Pollution Prevention
Program permits. These standards shall be applied in the review of any future proposed
development to reduce non-point source pollutants into area lakes, creek and county
ditches from storm water run-off.
Existing natural drainage ways, natural water storage or retention areas, and vegetated
soil surfaces should be used to the greatest extent possible to store, filter and retain
storm water run-off before its discharge occurs into any public waters. When natural
features and vegetation are not available to handle storm water run-off, constructed
facilities such as diversion ditches, settling basins, skimming devices, dikes and man-
made waterways and ponds may be used. Preference shall be given to desi!,,'11s using
surface drainage, vegetation and infiltration rather than buried pipes and man-made
materials and facilities. Development should be planned and conducted in a manner
that will minimize the extent of disturbed areas, run-off velocities, erosion potential and
reduce and delay run-off volumes.
422.1] Wetland Protection and Management.
10
In accordance with the Wetlands Conservation Act of 1991, the following regulations
shall apply to wetland areas:
Subd. 1.
Permanent natural buffer areas and appropriate erosion control measures be
taken surrounding wetland areas to prevent sedimentation of the wetland.
Subd. 2.
Wetlands may not be drained or filled, wholly or partially, unless approved and
permitted by the Rice Creek Watershed District. replaced by restoring or
creating wetland areas of at least equal public value. Wctlffild encroachment
must be guided by the follov,ing principles in descending order:
Subd. 3.
l\'/oid the direct or indirect impact of the acti'lity that may destroy or diminish
the wetland.
Subd. 4.
Minimizing the impact by limiting the degree or magnitude of the wetland
activity and its implementation.
Subd. 5.
Rectify the impact by repairing, rehabilitating, or restoring the affected wetland
environment.
SuM. 6.
Reducing or eliminating the impact over time by preservation and maintenance
operations during the life oftlle activity.
SuM. 7.
Replacing or providing substitute wetland resources or environments.
421.12 Woodland Preservation.
In residential areas, structures shall be located in such a manner that the maximum
number of woodlands shall be preserved. IfIarge number oftrees is cut in residential
areas, trees shall be replanted in a density and manner as approved by the City Council.
Clear cutting of woodlands for non-agricultural reasons is prohibited, unless the action
involves a utility or roadway, required by the public, and includes a reforestation plan
as required by the City Council.
422.13 Erosion and Sedimentation Control.
No land occupant or developer in the City shall cause or conduct any land disturbing
activity which causes excessive erosion or sedimentation or which results in damage to
water or soil resources. All development in the City shall conform to the natural
limitations presented by the topography and soil types in order to minimize soil erosion
and sedimentation. Erosion and sedimentation controls shall be consistent with the
MPCA's "Best Management Practices" current City. state and federal regulations.
Land disturbing activities shall occur in increments of workable size such that adequate
erosion and sediment controls can be provided throughout all phases of the
development. The smallest practical area of land shall be exposed or otherwise
disturbed at anyone period oftime. Areas where natural vegetative barriers are not
enough to contain erosion and sedimentation from migrating to lakes, wetlands,
water courses or neig.~boring properties shall be staked with silt fences and straw bales.
11
422.14 Surface Water Management. Storm water shall be managed in accordance with the
City's Surface Water Management Plan, National Urban Runoff PrOb'Tam (NURP)
standards for the design of new storm water ponds and the Minnesota Pollution
Control Agency (MPCA) Urban Best Management Practices, "Protecting Water
Quality in Urban Areas". These standards shall be applied to the review of any
proposed development occurring to reduce non-point source pollution loadings in
storm water runoff. See proposed Section on Storm Water in Ord 4. Section 423.
422.15 Landscaping.
Any development ofproperty in any zoning district, including site modifications or use
intensifications, shall be subject to landscaping improvements requirements. Existing
healthy trees and native vegetation on a site are to be preserved to the maximum extent
feasible during site development.
Subd.1
Landscaping Plan. As part of the site plan approval process, the owner ofthe
property must submit to the City for approval, a landscaping plan showing:
(a). Placement and height ofplantings and decorative features such as walls,
fences, berms and other landscaping features.
(b.) Species, quantity and diameter of trees, grasses, and shrubs.
(c.) Areas to be left in their natural state and areas to be sodded.
Dimension, descriptions and other pertinent data identifying proposed
special landscaping effects such as ponds. rock gardens. fountains and
other similar items.
Subd. 2.
A grade and contour plan showing elevations at two (2) foot intervals, or less
where necessary. to identify pertinent site data (floor and spot elevations. critical
points, drainage and other items).
Subd.3.
No trees may be planted in public rights-of-way except.
The following table illustrates planting guidelines within each zoning district.
District I Overlay Trees (a) Foundation Plantings (d)
R-I 2 trees/unit/street frontage (b) None
R-2. 4 & 5 2 trees/unit/open space exposure (c) None
R-2A 8 trees plus 2 trees/unit (e) None
B-1 8 trees or 1 tree/3000 SF site area (e) 1/10 ft of Building and Parking
M-l 8 trees or 1 tree/3000 SR site area (e) 11l 0 ft of Building and Parking
I-I 8 trees or 1 tree/3000 SR site area (e) 1110 ft of Building and Parking
P-l 8 trees or 1 tree/3000 SR site area (e) 1/10 ft of Building and Parking
a. Trees shall be deciduous and planted at the boulevard, except on cul-de-sacs where one of
the required trees may be planted off the boulevard but in the front yard area.
b. Trees shall be deciduous. Unit exposures with street frontage shall be planted at the
boulevard.
12
c. Tree spacing must include trees at the boulevard at minimum fifty (50) foot intervals.
d. The calculation for the number of foundation plantings is based upon one (1) planting for
each lineal foot of building perimeter and parking lot perimeter. Plantings may be grouped
rather than dispersed at ten (10) foot intervals.
e. The required number of trees is based upon a minimum of eight (8) trees or one (1) tree per
three thousand (3,000) square feet (SF) of site area, whichever is greater. Tree spacing
must include trees at the boulevard at a minimum of fifty (50) foot intervals.
Subd. 4.
Subd.5.
Subd. 6.
Subd. 7.
Subd. 8.
Subd. 9.
Subd. 10.
Overstory Trees.
(a.) Deciduous Trees. Two and one half(2 Yz) inch ealipef diameter
planting size, balled and burlapped.
(b.) Coniferous Trees. Six (6) feet in height planting size, balled and
burlapped.
Foundation Plantings. Coniferous and deciduous shrubs shall be planted at a
minimum of one-third (1/3) the mature spread and height of typical growth
habits.
Boulevard Trees. All boulevard trees shall be hardwood shade trees or
flowering trees.
Overstory Mix. When multiple quantities of overstory trees are required, at least
seventy-five percent (75%) of the trees required shall be deciduous.
Hardiness. All landscape materials proposed shall be consistent with Minnesota
Hardiness Zones, whether indigenous or foreign. Plant species must all be
tolerant to snow storage, exposure to salt and sun scald in parking areas.
Diversification. In any development in which at least eight (8) overstory trees or
foundation plantings are required, at least three (3) varieties of boulevard trees
are required on each side of the block.
Warranty. All required landscape materials shall be warranted for growth for a
minimum oftwo (2) years after planting.
422.16 Screening. Screening may be accomplished with a wall, fence, berm or other
landscape feature, or plantings which will provide opacity of 80% within
three years of planting. Planting type and screen design are subject to Planning
and Zoning Commission review and City Council approval. Screening is
required on B-1 and I district property which abuts any property in a residential
district. The Council may require screening on high density residential
property which abuts R-l, R-2 and R-2A.
422.17 Performance Standards. Every use permitted by this Ordinance shaH be so established
13
and maintained as to comply with the provisions of this Section. The Council may require the
owner or operator of a use permitted by this Ordinance to provide such tests or investigations
by an independent testing organization satisfactory to the Council as are necessary to show
compliance with these standards. The cost, if any, of such investigations and tests shall be
shared equally by the owner or operator and the City, unless the results disclose non-
compl iance with these standards; in that event the entire cost shall be borne by the owner or
operator. This provision does not preclude the City from making any investigations or tests it
finds appropriate to determine compliance with these standards.
422.18 On-Site Sewage Treatment Standards.
The installation and repair of individual on-site sewer systems shall be in compliance
with Minnesota Pollution Control Agency Rules, Chapter 7080.
Subd. I
Permit Required. No person shall install, repair, alter or pump an on-site sewer
system without first obtaining a permit.
Subd. 2.
License Required. Installation, repair, pumping and hauling of private on-site
sewer systems requires licensing per MPCA Rules, Chapter 7080, as
administered by the County.
I 422.17 Nuisance Standards. It shall be deemed a violation of the following standards if a
person intentionally acts in a way that violates or fails to act or perform his/her legal
duty as required bv these standards.
(a.) Odors and Emissions. Odors and emissions from any use shall not exceed the
regulations set forth by Minnesota Pollution Control Agency rules.
(b.) Dust and Particulate. Dust and particulate matter from any use shall be in
compliance with and regulated by Minnesota Pollution Control Agency rules.
(c.) Noise and Vibrations. Noise and vibration generation from any use shall be in
compliance with and regulated by Minnesota Pollution Control Agency rules
and the City's Ordinance # 49.
(d.) Glare. Direct or reflected glare, such as from nood-lights, spotlights, or high
temperature processes, and as differentiated from general illumination, shall not
be visible beyond the site of origin at any property line. Any lights used for
exterior illumination shall be directed away from adjacent properties.
(e.) Waste. All waste generated from any use shall be managed in compliance with
and regulated by Minnesota Pollution Control Agency rules. Waste generated
on any premises shall be kept in containers designed for waste collection and
stored in a structure or within an approved enclosed or screened area. The
accumulation, storage, processing or disposal of waste, compost or recyclable
materials on any premises, which is not generated on that premises, is
prohibited, except as specifically provided in this Ordinance.
Jorrll~!ted:~dent:~~O:'-_
14
~
(f.) Smoke. Smoke shall be measured at the point of emission by using the
Ringleman Smoke Chart published by the United States Bureau of Mines in
Circular No. 7718. Smoke not darker or more opaque than No.1 on that chart
may be emitted except that smoke not darker or more opaque than No.3 on the
chart may be emitted for a period not longer than four (4) minutes in any thirty
(30) minutes. These provisions applicable to visible gray smoke of a different
color but with an equivalent capacity.
(g.) Fumes or Gases. Fumes or gases shall not be emitted at any point in
concentrations that are noxious, toxic, or corrosive. The values given in Table I,
(Industrial Hygiene Standards - Maximum Allowable Concentration for eight
(8) hour day, five (5) days per week), Table III (Odor Thresholds), Table IV
(Concentrations of Substances Causing Pain in the Eyes), and Table V
(Exposure to Substances Causing Damage to Vegetation) in the latest revision of
Chapter 5, "Physiological Effects" that contains such tables, in the "Air
Pollution Abatement Manual" published by the Manufacturing Chemists'
Association, Inc., Washington, D.C., are hereby established as guides for the
determination of permissible concentration and amounts. The City may require
detailed plans for the elimination of fumes or gases before the issuance of a
building permit.
(h.) Fire Hazards. Any activity involving the use or storage of flammable or
explosive materials shall be protected by adequate firefighting and fire
prevention equipment and by such safety devices as are normally used in the
handling of such materials. Such hazards shall be kept removed from adjacent
activities to a distance which is compatible with the potential danger involved.
(i.) Air Pollution. Every activity shall conform to state regulations relating to air
quality standards and air pollution control.
G.) Radioactivity or Electrical Disturbance. No activity shall emit dangerous
radioactivity at any point or any electrical disturbance adversely affecting the
operation of any equipment at any point other than that of the creator of such
disturbance.
(k.) Explosives. Any activity or operation requiring the use, storage or
manufacturing of explosives shall be located no closer than five hundred (500)
feet from any residence, provided fuFthef that the location of said activity or
operation is such that damage from explosion, including flying debris, vibration
or smoke, is limited to the site on which the activity or operation is permitted.
(1.) Burning. No person shall start or allow any open burning on any property in the
City without first having obtained an Open Bum Permit. Any person setting a
fire or burning anything in the City shall do so following City Fire Department,
Department of Natural Resources, (DNR) , and Minnesota Pollution Control
Agency, (MPCA), rules.
15
(m.) Recreational fires three ill;\' ill' three ill are allowed. Recreational fires must
be actively attended by a responsible adult. When the fire is abandoned it must
be completely extinguished.
(n.) Bulk Storage. The storage of bulk liquids, fuels, chemicals, and gases
shall be in compliance with and regulated by Minnesota Pollution
Control Agency (MPCA) rules, Minnesota State Fire Marshal rules and the
Minnesota State Building Code.
Subd.l.
422.18 Building Numbers.
Subd. 2.
Numbers Required. It shall be the duty of the owner, leaser, or occupant of
every Iwttse principal residential, industrial, commercial or other principal
building structure to have proper house or building numbers either by aftlxing to
said building such numbers in metal, glass, plastic or other durable material.
The numbers shall not be less than six (6) inches in height, in a contrasting color
to the base, and so placed to be easily seen from the street.
Alternative Display. In those cases where view of the principal building is
obscured from the street of address by accessory buildings, trees, shrubbery or
other visual obstruction, the numbers shall be displayed from a permanent
mounting on the property so that they are clearly visible from the street of
address.
422.19 Sporting, Athletic, and Music Events. Sporting, athletic and music concert events, as defined
herein, shall be permitted by Special Use Permit in the Residential Zoning Districts of the City
of CenterviIJe, subject to the following requirements.
Subd.1.
Subd. 2.
Definition. Sporting, athletic, or music events shall be defined as the conducting
of such events by indi viduals, non-profit or profit organizations, partnerships or
corporations wherein participants and/or patrons are charged an entry fee for the
right to participate in such event and/or compete for monetary or merchandise
prizes. Such events shall include, but not limited to, softball, football,
volleyball, broomball tournaments, or outdoor music concerts.
Special Permit Required. Such activities shall be considered a Special Use
within all Residential Zoning Districts ofthe City and shall therefore require a
permit. The City shall have the right to make provisions in such permit for
insuring public health and sanitation, traffic regulation, noise and litter control
and regulation on the number of events that may be conducted on a specific site.
16
;-
Section 423 - STORM WATER MANAGEMENT (New Section
proposedfor Ord. 4/52404)
423.01 Statutory Authorization. This Section is adopted pursuant to Minnesota
Statutes, Sections 462.351 through 462.365.
423.02 Findings. The City hereby finds that uncontrolled and inadequately
planned use of wetlands, woodlands, natural habitat areas, areas subject
to soil erosion and areas containing restrictive soils, adversely affects the
public health, safety and general welfare by impacting water quality and
contributing to other environmental problems, creating nuisances,
impairing other beneficial uses of environmental resources and hindering
the ability of the City to provide adequate water, sewage and flood
controls, and other services.
423.03 Purpose. The purpose of this Section is to address the findings in Section
423.02 and to promote, preserve and enhance the natural resources within
the City.
423.04 Definitions. For the purposes ofthis Section, the following terns, phrases,
words, and their derivatives shall have the meanings stated below.
(a.) .Applicant. Any person who wishes to obtain a building permit,
. zoning or subdivision approval.
(b.) Control Measures. A practice or combination of practices to
control erosion and attendant pollution.
(c.) Detention Facility. A permanent natural or man-made structure,
including wetlands, for the temporary storage of runoff which
contains a permanent pool of water.
(d.) 'Flood Fringe. The portion of the flood plain outside of the flood
way.
(e.) Flood Plain. The areas adjoining a watercourse or water basin that
have been or may be covered by a regional flood.
(f.) Flood Way. The channel of the watercourse, the bed of water
basins, and those portions ofthe adjoining flood plains that are
reasonable required to carry and discharge flood water and provide
water storage during a regional flood.
(g.) Hydric Soils. Soils that are saturated, flooded or ponded long
enough during the growing season to develop anaerobic conditions
within the soil.
(h.) Hydrophytic Vegetation. Macrophytic plant life growing in water,
soil or on a substrate that is a least periodically deficient in oxygen
as a result of excessive water content.
(i.) Land Disturbing or Development Activities. Any change of the
land surface, including removing vegetative cover, excavating,
filling, grading, and the construction of any structure.
G.) Person. Any individual, firm, corporation, partnership, franchisee,
and association.
(k.) Plan. A storm water management plan as governed by this
Section.
(1.) Public Waters. Waters of the State as defined in Minnesota
Statutes, Section 103G.005.
(m.) Regional Flood. A flood that is representative of large floods
known to have occurred generally in the State and reasonably
characteristic of what can be expected to occur on an average
frequency in the magnitude of a 100- year recurrence interval.
(n.) Retention Facility. A permanent natural or man-made structure
that provides for the storage of storm water runoff.
(0.) Sediment. Solid matter carried by water, sewage or other liquids.
(p.) Structure. Anything manufactured, constructed or erected which is
normally attached to or positioned on land, including portable
structures, earthen structures, roads, parking lots and paved storage
areas.
(q.) This Section. Section 423.
(r.) Wetlands. Lands transitional between terrestrial and aquatic
systems where the water table is usually at or near the surface or
the land is covered by shallow water. For purposes of this
definition, wetlands must have the following three (3) attributes:
1. have a predominance of hydric soils;
2. are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support a prevalence of
hydrophytic vegetation typically adapted for life in
saturated soil conditions; and
3. under normal circumstances support a prevalence of such
vegetation.
423.05 Scope and Effect.
Subd. 1. Applicability. Every applicant for a building permit, subdivision
approval, or a permit in any of the Zoning Districts of the City must
submit a Storm Water Management Plan to the Public Works Director.
No building permit, subdivision approval, or permit to allow land
disturbing activities shall be issued until approval of the plan or waiver
of the approval requirement has been obtained under this Section.
Subd. 2. Exemptions. The provisions ofthis Section do not apply to fences, signs
or poles, or emergency work, or to the following items if approved
before the effective date of this Section:
(a.) Any part of a subdivision approved by the City Council before the
effective date ofthis Section.
(b.) Any land disturbing activity for which plans have been approved
by the watershed management organization.
(c.) A lot for which a building permit has been approved.
(d.) Building permits issued in the R-2A, R-2, R-4, R-5 Zoning
Districts. In these Districts, the property owner must obtain prior
approval from only the Director of Public Works of a storm water
plan appropriate in scale and scope to the proposed activity when it
. . .
IS over one acre III SIze.
423.06 Plan Approval Procedures.
Subd. 1. Application. Any plan and an application for its approval shall be filed
with the Public Works Director. It must state the grounds for approval,
that the proposed use is permitted by the zoning ordinances, and
adequate evidence that the proposed use will conform to this Section.
Prior to applying, an applicant may have the plan reviewed by the
appropriate departments of the City.
The applicant must submit two (2) sets of clearly legible blue or black
lined drawings in appropriate scale (not less than one (1) inch equals
100 feet) and the required additional information with evidence of
payment of all fees required under the City's Fee Schedule.
Subd. 2. Plan. At a minimum, the plan shall contain the following information.
(a.) Existing Site Map. A map of existing site conditions showing the
site and immediately adjacent areas, including:
1. The name and address of the applicant, the section,
township and range, north point, date and scale of
drawing and number of sheets.
2. Location of the tract by an insert map at a scale sufficient
to clearly identify the location of the property and giving
such information as the names and numbers of adjoining
roads, railroads, utilities, subdivisions, towns and
districts or other landmarks.
3. Existing topography with a contour interval appropriate
to the topography of the land but in no case having a
contour interval greater that two (2) feet.
4. A delineation of all streams, rivers, public waters and
wetlands located on and immediately adjacent to the site.
5. Location and dimensions of existing storm water
drainage systems and natural drainage patterns on and
immediately adjacent to the site delineating in which
direction and the rate at which the storm water is
conveyed from the site, identifying the receiving stream,
river, public water, or wetland, and setting forth those
areas of the unaltered site where storm water collects.
6. A description of the soils of the site, including a map
indicating soil types of areas to be disturbed as well as a
soil report containing information on the suitability of
the soils for the type of development proposed.
7. Vegetative cover and clearly delineating any vegetation
proposed for removal.
8. 1 DO-year flood plains, flood fringes and flood ways.
(b.) Site Construction Plan. A site construction plan, including:
1. Locations and dimensions of all proposed land
disturbing activities and any phasing of those activities.
2. Locations and dimensions of all temporary soil or dirt
stockpiles.
3. Locations and dimensions of all construction site erosion
control measures necessary to meet the requirements of
this Section.
4. Schedule of anticipated starting and completion date of
each land disturbing activity including the installation of
construction site erosion control measure needed to meet
the requirements of this Section.
5. Provisions for maintenance of the construction site
erosion control measures during construction.
(c.) Drawing of Final Site Conditions. A drawing offinal site
conditions on the same scale as the existing site map showing the
site changes including:
1. Finished grading shown at contours at the same interval
as provided above or as required to clearly indicate the
relationship of proposed changes to existing topography
and remaining features.
2. A landscape plan, drawn to an appropriate scale,
including dimensions and distances and the location,
type, size and description of all proposed landscape
materials which will be added to the site as part of the
development.
3. A drainage plan ofthe developed site delineating in
which direction and at what rate storm water will be
conveyed from the site and setting forth the areas of the
site where storm water will be allowed to collect.
4. The proposed size, alignment and intended use of any
structures to be erected on the site.
5. A clear delineation and tabulation of all areas which
shall be paved or surfaced, including a description of the
surfacing material to be used.
6. Any other information pertinent to the particular project
which in the opinion of the applicant is necessary for the
review of the project.
7.
8.
(d.)
423.07 Plan Review Procedure.
.
Subd. 1. Process. Plans meeting the requirements of Section 423.06 shall be
submitted by the City Administrator to the Planning and Zoning
Commission for review under Section 423.08. The Commission shall
recommend approval, approval with conditions or denial. Following
Planning and Zoning recommendation, the plan shall be submitted to
the City Council at its next available meeting. Action by the City
Council must be accomplished within 120 days following the date of
the application is filed with the City.
Subd. 2. Duration. Approval of a plan shall expire one (I) year after the date of
approval unless construction has commenced in accordance with the
plan, unless the applicant makes a written request to the City
Administrator for an extension and the reasons for the request. This
request will be submitted to the City Council for consideration. An
extension of not more than 12 months may be granted. Any plan may
be revised in the same manner as originally approved.
Subd. 3. Conditions. A plan may be approved subject to conditions related to
the requirements of this Section. Such conditions may, among other
matters, limit the size, kind or character of the proposed development,
require the construction of structures, drainage facilities, storage basins
and other facilities, require replacement of vegetation, establish
required monitoring procedures, stage the work over time, require
alteration of the site design to insure buffering and require the
conveyance to the City or other public entity of certain lands or
interests therein.
Subd.4. Security. Prior to approval, the applicant shall execute an agreement in
form acceptable to the Council to construct any required
improvements, to dedicate property or easements, and to comply with
any required conditions. The agreement must be accompanied by case
or a letter of credit in form and amount determined by the City Council
sufficient to secure performance of the applicant's obligations.
Subd.5. Fees. All applications for plan approval shall be subjected to those fees
as outlined in the City's Fee Schedule.
423.08 Approval Standards.
Subd. 1. Requirements. The standards contained in this Section must be met to
the degree required by the City Council.
Subd.2. Site Dewatering. Water pumped from the site shall be treated by
temporary sedimentation basins, grit chambers, sand filters, upflow
chambers, hydro-calcines, swirl concentrators or other controls as
appropriate. Water may not be discharged in a manner that causes
erosion or flooding of the site or receiving channels or a wetland.
Subd.3. Waste and Material Disposal. All waste and unused building materials
(including garbage, debris, cleaning wastes, wastewater, toxic materials
or hazardous materials) shall be properly disposed of off-site and not
allowed to be carried by runoff into a receiving channel or storm sewer
system..
Subd. 4. Tracking. Each site shall have graveled roads, access drives and
parking areas of sufficient width and length to prevent sediment from
being tracked onto public or private roadways. Any sediment reaching
a public or private road shall be removed by street cleaning (not
flushing) before the end of each workday.
Subd.5. Drain Inlet Protection. All storm drain outlets shall be protected during
construction until control measures are in place with a straw bales, silt
fence, or equivalent barrier meeting accepted design criteria, standards
and specifications contained in the Minnesota Pollution Control Agency
publication, "Protecting Water Quality in Urban Areas."
Subd.6. Site Erosion Control. The requirements of this subdivision apply only to
construction activities that result in runoff leaving the site.
(a.) Channelized runoff from adjacent areas passing through the site
shall be diverted around disturbed areas, if practical. Otherwise,
the channel shall be protected as described below. Sheetflow
runoff from adjacent areas greater than 10,000 square feet in an
area shall also be diverted around disturbed areas, unless shown to
have resultant runoff velocity of less than 0.5 foot per second
across the disturbed area for the one year storm. Diverted runoff
shall be conveyed in a manner that will not erode the conveyance
and receiving channels.
(b.) All activities on the site shall be conducted in a logical sequence to
minimize the area pf bare soil exposed at anyone time.
(c.) Runoff from the entire disturbed area on the site shall be controlled
by meeting either following subsections.
1. All disturbed ground left inactive for 14 or more days
shall be stabilized by seeding or sodding (only available
prior to September 15) or by mulching or covering or
other equivalent control measure.
2.
For sites with more than 3 acres disturbed at one time, or
if a channel originates in the disturbed area, one or more
temporary or permanent sedimentation basins shall be
constructed. Each sedimentation basin shall have a
surface area of at least 1 % of the area draining to the
basin and at least three (3) feet of depth and constructed
in accordance with accepted design specifications.
Sediment shall be removed to maintain a depth of three
(3) feet. The basin discharge rate shall also be
sufficiently low as to not cause erosion along the
discharge channel or the receiving water.
.
3. For sites with less than 10 acres disturbed at on time, silt
fences, straw bales, or equivalent control measure shall
be placed along all side slope and down slope sides of the
site. If a channel or area of concentrated runoff passes
through this site, silt fences shall be placed along the
channel edges to reduce sediment reaching the channel.
The use of silt fences, straw bales, or equivalent control
measure must include a maintenance and inspection
schedule.
(d.) If remaining for more than seven (7) days, they shall be stabilized
by mulching, vegetative cover, tarps or other means. Erosion from
piles which will be existence for less than seven (7) days shall be
controlled by placing straw bales or silt fence barriers around the
pile. In-street utility repair or construction soil or dirt storage piles
located closer than 25 feet or a roadway or drainage channel must
be covered with tarps or suitable alternative control, if exposed for
more than seven (7) days, and the storm drain inlets must be
protected with straw bale or other appropriate filtering barriers.
Subd.7. Storm Water Management Criteria for Permanent Facilities. Storm
water management criteria for permanent facilities shall be in
conformance with the City's current Storm Water Management Plan.
Subd. 8. Design Standards. Storm water detention facilities constructed in the
City of Centerville shall be designed in conformance with the City's
current Storm Water Management Plan and Rice Creek Watershed
District and other pertinent agencies regulations.
Subd.9. Wetlands. Wetlands shall be maintained and protected in conformance
with the City's current Storm Water Management Plan.
Subd.l0. Steep Slopes. No land disturbing or development activities shall be
allowed on slopes of 18% or more.
"
Subd. 11. Catch Basins. When deemed necessary by the City Engineer, all newly
installed and rehabilitated catch basins shall be provided with a sump
area for the collection of coarse-grained material. Such basins shall be
cleaned when they are half full with material.
Subd. 12. Drain Leaders. When deemed necessary by the City Engineer, all
newly constructed and reconstructed buildings will route drain leaders
to previous areas wherein the runoff can be allowed to infiltrate. The
flow rate of water exiting the leaders shall be controlled so no erosion
occurs in the previous areas.
Subd. 13. Inspection and Maintenance. All storm water management facilities
shall be designed to minimize the need of maintenance, to provide
access for maintenance purposes and to be structurally sound. All
storm water management facilities be inspected and maintained in
accordance with the City's Storm Water Management Plan. It shall be
the responsibility of the applicant to obtain any necessary easements or
other property interests to allow access to the storm water management
facilities for inspection and maintenance purposes.
Subd. 14. Models. Methodologies and Computations. Hydrologic models and
design methodologies used for the determination of runoff and analysis
of storm water management structures shall be approved by the City of
Engineer. Plans, specifications and computations for storm water
management facilities submitted for review shall be sealed and signed
by a registered professional engineer. All computations shall appear on
the plans submitted for review, unless otherwise approved by the City
Engineer.
Subd. 15. Watershed Management Plans and Ground Water Management Plans.
Plans shall be consistent with adopted watershed management plans
and ground water management plans prepared in accordance with
Minnesota Statutes, Sections 103B.231 and 10313.255 respectively,
and as approved by the Minnesota Board of Water and Soil Resources
in accordance with State law.
Subd. 16. Easements. If a plan involves direction of some or all runoff off of the
site, it shall be the responsibility of the applicant to obtain from
adjacent property owners any necessary easements or other property
interests concerning flowage of water.
Subd. 17. Lawn Maintenance. The City will provide ongoing educational
information to the residents of Centerville regarding the harmful
impacts to the environment by improperly applying fertilizer, leaving
or depositing grass clippings, leaves, etc., in any storm drainage area or
natural drainage area, lakes, ditches, streets and other waterways.
423.09 Other Controls. In the event of any conflict between the provisions of this
Section and the provisions of any other Ordinance of the City of Centerville or
regulations of the State of Minnesota, the more restrictive standard will prevail.
423.10 Severability. The provisions of this Section are severable. If any provision of
this Section or the application thereof to any person or circumstance is held
invalid, such invalidity shall not affect other provisions or applications of this
Section which can be given effect without the invalid provision or application.
Division 15: Definitions
Fence - Any artificially constructed barrier, partition, structure, wall or ~ate erected as a
divider, barrier or enclosure and located along the boundary, or within the yard. For the
purpose of Division 102, a fence shall not include naturally growing shrubs, trees or other
foliage.
Division 102: Fences
The purpose of Division 102: Fences is to promote a pleasant physical environment and
to protect the public and private property within the City by regulating the location,
height, type of construction, and maintenance of all fences.
All fences. partitions. structure. wall or e:ate erected as a divider. barrier. or
enclosure and located alone: the boundary or within any yard require a fence permit
before installation or construction. The owner/contractor is responsible for locating the
property comer markers prior to applying for a fence permit. If the iron lot pins/markers
cannot be located. the applicant is to contact a land surveyor to re-establish the lot comers
before commencing with the installation or construction of a fence. This information is
required to apply for a fence permit. If a dispute arises over the placement of the
property markers. it is the responsibility of the property owners to resolve the dispute
through any legal means available to them. Any substantial alterations will also require
obtaining a fence permit from the City.
A. Construction and Maintenance. All fences, when constructed to enclose
any lot or tract of land, shall be located entirely upon the property of the fence
owner. unless the oVlller ofthe adjoining property agrees, in '.vriting, that said
fence may be erected on the property line of the respective properties. Stieh
an agreement shall be submitted at the time of building permit application. If
the adjoining property o',mer does not agree to the erection of such fence, the
fence shall be set back a minimum of 1\\'0 (2) feet from aU lot lines. Posts and
framework shall be placed within the property lines of the owner and the
actual fencing material, such as wire. lumber. pickets. etc.. shall be placed on
the side of the fence which faces the street or adiacent property.
No fence other than a decorative fence may be constructed along the side lot
lines of a residential lot benveen the street and the front extension of the
d'.velling house. As used herein, the term "decorati'/e fence" means a wood
yertical post and wood horizontal rail fence '.vith no more than three (3) rails
or a v/ood picket type fence with at least !v/O (2) inches of open space between
each picket.
All fences shall be constructed and maintained in a substantial, workmanlike
manner and of substantial material reasonably suited for the purpose for which
the fence is to be used. Every fence shall be maintained in a condition of
reasonable repair and shall not be allowed to become and remain in a
condition which would constitute a public nuisance or a dangerous condition.
If such a fence is allowed to become and remain in such condition of
disrepair, the City's building inspector is authorized to notify the owner or
owners of the violation and allow the owner or owners ten (l0) days in which
to repair of demolish the fence.
.
Every fence shall be constructed so that the side containing the framing
supports and cross pieces face the interior of the fence owner's lot. Any fence
which does not comply with the provisions of this Section or which endangers
public safety, health or welfare shall be considered a public nuisance.
Link fences, where permitted, shall be constructed in such a manner that the
barbed end is at the bottom of the fence.
No fences shall be allowed or constructed on street rights-of-way. Fences
may not be placed in or on public utility easements unless the fence owner has
first obtained an encroachment permit and it has been determined by the City
that the fence will not interfere in any way with existing underground or over
ground utilities. Further, the City or any utility company having authority to
use such easements, shall not be liable for repair or replacement of such
fences in the event they are moved, damaged or destroyed by virtue of the
lawful use of said easement.
B. Residential District Fences. No residential fence may exceed six (6) feet in
height and no decorative fence in the front yard may exceed thirty six (36)
inches in height. In all single and two-family residential districts, fences shall
have the following setback and height limitations:
Front Yard
Maximum height of four (4) feet above ground level in from of the
front face of the residential structure.
The required front yard of a comer lot shall not contain any fence that may
cause danger to traffic on a street or public road, by obscuring the view.
On comer lots, no fence higher than 36 inches shall be permitted within
the 50-foot intersection sight distance triangle.
Front Comer Side Yard
Maximum height of four (4) feet above ground level when placed
at the property line.
Maximum height of six (6) feet above ground level when placed
with a minimum setback of one (l) foot.
Side Yard
Maximum height of six (6) feet above ground level.
Rear Yard
Maximum height of six (6) feet above ground level for fences
along rear yards not adjacent to or fronting on a public right-of-
way.
Fences adjacent to or fronting on public right-of-way shall have a
maximum height of four (4) feet above ground level when placed
at the property line.
Fences adjacent to or fronting on public right-of-way that are
placed with a minimum setback of one (1) foot shall have a
maximum height of six (6) feet above ground level.
C. Commercial and Industrial Fences. Fencing in commercial/industrial zoning
shall not exceed eight (8) feet in height.
D. Non-Conformine: Fences. All existing fences. at the time of the adoption of this
Section. which are not in violation of this Section and are not located within a public
right-of-wav or easement. but which violate other Sections of this Ordinance. may be
allowed to exist and continued to be maintained but may not be replaced. if destroyed
or removed. to the extent that the violations are continued.
Section 105-050: Boundary Fence - Any fence parallel to the property line.
Section 105-6-060: Privacy Fence - Any fence used for screening of outdoor living
areas and for enclosures where restricted visibility offers privacy or security.
~
CITY OF CENTERVILLE
PLANNING AND ZONlNG COMMISSION
MAY 4, 2004
Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly
scheduled meeting on May 4, 2004, at 6:30 p. m.
PRESENT:
Chairperson Brian Hanson
Commissioner John McLean
Commissioner Jennefer Klennert Hunt
Commissioner Michelle Lakso . d
Commissioner Tom 'iharbeftrofe
None. Not "pr
Ms. Linda Broussard Vickers
ABSENT:
COUNCIL:
STAFF:
Ms. Moore-Sykes
I. CALL TO ORDER
1. Roll Call
The meeting was called to order at 6:30 p.m.
II. PUBLIC HEARING(S)
1. Mr. Burgstahler. 7381 Old Mill Road - Request for Lot Split
Chair Hanson opened the public hearing at 6:35 p.m.
Mr. Burgstahler addressed the Commission and explained his request.
The Commission asked Staff to confirm the zoning of the property. Staff consulted the
zoning map and determined that the property is zoned R-I.
Chair Hanson explained that Mr. Burgstahler would need to request a rezone of the
property because the current request does not meet the R-I requirements.
The Commission requested that Staff set up the public hearing on the rezone at the
Council level to avoid delays.
Motion by Commissioner Wilbarher. seconded by Commissioner McLean to close
tbe Dublic bearin2. All in favor. Motion carried unanimously.
Page 1 of3
Planning and Zoning Commission
May 4,2004
Meeting Minutes
Chair Hanson closed the public hearing at 6:45 p.m.
Motion bv Commissioner Wilharber. seconded bv Commissioner McLean to
recommend approval of the lot split reauest contin2ent upon application and
approval of the rezonin2 as discussed. An in favor. Motion carried unanimously.
m. APPEARANCES
None.
IV. OLD BUSINESS
1. Mr. Joel Swenson - 7016 Brian Court - Shed Extension - DrainagelUtility
Easement
Mr. Swenson addressed the Commission and explained that his yard is very wet and he
would like an extension to move the shed or, if at all possible, permission to leave the
shed in its existing location within the drainage easement but move it to comply with the
setback requirements.
Mr. Wilharber indicated that the shed is in a good location in the yard and, if the water
were to get as high as the shed, the houses in the area would be flooded. He then said
that it is sometimes necessary to approve variances because not all situations fit the code
requirements.
The Commission discussed the situation with Mr. Swenson, including his drainage
problems alleged to have been caused by the neighbor, and determined that there is not a
way to allow the shed to remain in its present location.
Mr. Swenson indicated that, if the shed cannot remain where it is, he would like an
extension until the ground dries out or freezes to make moving the shed easier.
Motion bv Chair Hanson. seconded bv Commissioner Wilharber to recommend to
Council allowin2 an extension of time to move the shed to a Droper location. All in
favor. Motion carried unanimouslv.
V. NEW BUSINESS
None.
VI. DISCUSSION ITEMS
1. Ordinance #4 - New Format (Next Month)
Staff indicated that Ordinance #4 would be discussed next month.
Page 2 of3
Planning and Zoning Commission
May 4, 2004
Meeting Minutes
Chair Hanson asked for an update on the snowmobile and ATV situation.
Ms. Moore-Sykes indicated that Hugo has established trails and a good working
relationship with the Washington County Sheriff's Department for enforcement. She
then indicated she would check with Lino Lakes.
VII. CONSIDERATION OF MINUTES
1. April 6. 2004 Planning and Zoning Meeting Minutes
Motion by Commissioner Wilharber. seconded by Commissioner Klennert Hunt to
avvrove the Minutes of Avril 6. 2004. as Dresented. All in favor. Motion carried
unanimously.
VIII. ADJOURNMENT
Motion by Commissioner Wilharber. seconded by Commissioner Hunt to adiourn
the May 4. 2004 PlanninS! Commission MeetinS! at 7:45 v.m. All in favor. Motion
carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 3 of3
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'Estab{isfiea 1857
1880 Main Street . Centervi[[e, M:J\[. 55038
(651) 429-3232 . :FalC (651) 429-8629
May 28, 2004
Mr. Ray DeVine
1837 Revoir Street
Centerville, MN 55038
Dear Mr. DeVine:
The Chair of the Planning and Zoning Commission, Mr. Brian Hanson, formally requests
your participation in a plaque presentation ceremony honoring yourself and Mr. Kilian
for your dedicated years of service.
The -ceremony-"v-il1~take--place--at-the-}!laruling--and-ZoI'jng-CO!!l..lnission~s-re~..llarly
scheduled- meeting of June 1, 2004 commencirig at 6:30 p.m. or shortly thereafter in
Council Chambers located at 1880 Main Street.
Please notify the City Clerk, Teresa Bender at 651-429-3232 extension 13 if you are
unable to attend this presentation.
Sincerely,
Brian Hanson
Chairperson - Planning and Zoning Commission
BH/tb
'tervi{{e
Tstaflisfietf 1857
1880 Main Street . Centervi{{eJ M'J{ 55038
(651) 429-3232 . !Ta7( (651) 429-8629
May 28, 2004
Mr. Dave Kilian
1695 Sorel Street
Centerville, MN 55038
Dear Mr. Kilian:
The Chair of the Planning and Zoning Commission, Mr. Brian Hanson, formally requests
your participation in a plaque presentation ceremony honoring yourself and Mr. DeVine
for your dedicated years of service.
---The-ceremony-wi1!-take-p!ace-at-the-!~1a!lPjng -and-Zo!ljng-ConL1nission~sJegularly
scheduled meeting of June 1, 2004 commencing at 6:30 p.m. or shortly thereafter in
Council Chambers located at 1880 Main Street.
Please notify the City Clerk, Teresa Bender at 651-429-3232 extension 13 if you are
unable to attend this presentation.
Sincerely,
Brian Hanson
Chairperson - Planning and Zoning Commission
BH/tb
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LANDSCAPE NOTES'
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PHOTOMETIRICS PLAN TO THE CITY AT THEIR REQUEST.
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PR0\t10E ILLUUINA TlON AT EACH EXIT DISCHARGE, EACH
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ReYisions
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PRELIMINARY
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LANDSCAPE PLAN
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Sheet Number
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,. PROIllDE 1 1/2" rURRING CHANNELS W/5/B" GYP.
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2. TYPICAL INTERIOR PARTITION WALLS TO BE 3 5/B" "[TAL
STUDS w/ 5/B" GYPSUM BDARD ON EACH SIDE.
3. PROIllDE A 29" HIGH BY 36" WIDE M'N. COUNTER AREA FOR
HANDICAP ACCESSIBILITY AT "'E RECEPTION DESK.
4.9'LLUMINATED EXIT SIGN AND EMERGENCY EXIT UGHTING,
VERlrY LOCATIONS W/ FIRE "ARSHAL.
5. 0 ~ FIRE EXTINGUISHER VERIFY RATINGS AND LOCATIONS
W/ FIRE MARSHAL.
$ FINISHED rLOOR
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1
A4
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130'-0.
16'-D"
12'-0"
<@
12'-OxI4'-0"
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1
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HEREIN. VERIFY LacA TION
.It IDENnry WI APPROPRlA TE
DRAINS ON PLUMBING PLANS.
I
---".._--" I----------:I-=-.~-----_. ------------~
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98'-10.
94'-B"
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VERIFY SI2E W/ CONTRACTOR
1
I
f 12'-0)(14'-0" ~
1 OVERHEAD DOOR
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1
1
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(2 THUS)
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J Ol/ERHE DOOR
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T
1"
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12\~
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1 1
1 1
1 1
1 YCONVEYOR AREA,
I VERIFY W/ OWNER
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4'-0"
@
@
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S T.QRA\lE
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5 acc.
WALL TO
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VERIFY LOCATION - - --
W/ CONTRACTOR J
1
WALL TO I
ROOF DECK I
6'-0"
NOIlTH
o
.
LAMPERT
ARCHITECTS
13837 NE Lincoln Street ~
Ham lake, "N 55304 ..1
PhCln_:7liJ.755.121\ F4iI:163.7S7.21149
IClrnp.r1OIClmp.rt-C1~h.c;C1m
ARCHITECT CERnnCA nON,
, HEREBY CERTIfY lHA T THIS Pl.AN,
SPEOF1CA.T1QN OR REPORT WAS
PREPARED BY WE OR UNDER WY DIRECT
SUPER'v'lSlQN AND THAT i:&AW DULY
UctNSEO AReflT[Cr ~~
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l~"C1rd Lamp-rt Archll.ct., P.....
Project Desi9ner: BEN R.
Orgwn By. ECO
Checked By. ll/LUl
Revisions
05.14.04
06.01.04
PRW>.tINARY
BID SET
FLOOR PLAN &
MEZZANINE PLAN
Sheet Number
A2
Project No. 040305-2
12" PRECAST PANEL,
STANDARD RAKE FINISH
AND COLOR
'''fJ~
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.
pR(FrNISHEO METAL
CAP FtASH1NG. VERIFY
COLOR wi CONTRACTOR
$ TOP OF PRECAST
EL. ~ 124-0
LAMPERT
ARCHITECTS
CONC. COLUMNS
(2 THUS)
6'-O.x6'-O" CONVEYOR
OPENING. VERIFY WI
OWNER
13837 NE Lincoln Street ~
Ham Lako. ~N 55304 ...
Phon_:763.755.121I FOlC:763.7S7.2849
lomp.r1Otamp.rt-arc:h.com
ANOOIZED ALU~INU~ ENTRY
WI INSULATING GLASS
ANOOIZED ALU~INU~ WOW.
wi INSULATING GLASS
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=====:::::::;==:::::==========:::====:==~t~~t=:::::::j
,~'t.d~t A:I
ARCHlnECT CERTIFICATION,
I HEREBY CERTlFY ll-tA T THIS PlAN,
SPEaFlC\ nON OR REPORT WAS
PREPARED 9'1' WE m UNDER WY DJR[CT
SUPERVISION AND TliA T I AIoI~O\JL Y
UCENSEO ARDlITECT UN~ '!
LAWS o.-!WE Si~~it- TA.
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Copy-rlphl 200'"
L.onard Lamp.rt ""="11.,,1_. P.A.
[---
Project Desiqner: BEN R.
Drown By. ECO
Checked By. LL/LML
@ ~~L~T~/~L~~: TION
12'-0",14'-0. INSULATED
OVERHEAD DOOR (a THUS)
INSULA TED HOLLOW
METAl DOOR AND
FRA~E (. THUS)
Revtsions
05.14,04
06.01.04
PREUMINARY
BID SE r
$ TOP OF PRECAST
EL - 124-0
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A3
Project No. 040305-2
2x12 TRID. PLAT(
FASTENED TO P.C.
PREFlNISHED totETAL
CAP FLASHING, VERIFY
COLOR W/ CONmACTOR
TOP OF PRECAST
EL ~ 124 0
ROCK BALLAST
4-Pl Y BUilT-UP ROOF SYSTE~
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PRECAST BEYOND
INSULA TED O.H.
DOOR
4 SECTION AT OVERHEAD DOOR
A4 SCALE: '/2 ~ I -D
.
LAMPERT
ARCHITECTS
13637 NE Uncoln Street ==:
Ham Lake, MN 55304 ...
PhCln.:763.755.1211 FCllC:763.757.2S49
lamp.rtOlamp.rl-arch.c:om
ARCHITECT CERTlFICA TlON:
I HEIIEBY CER TIFY JHA T >>liS PlAN,
SPEOflCA nON OR REPORT WAS
PREPAA(O BY NE OR UNDER UY OlRf;CT
SUPERVISION AND JHA r J AY~DULY
UCENSEO AROlITECT ~~;
LAWS OF THE S~~l''''- TA.
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~nanl Lamp.r1 Arohll.ctII, P.....
Project Designer: Ben R.
Drawn By. ECO
Checked By. ll./lt.lL
Revisions
D5.1'.04
06.01.04
PREUtwtlNAAy
BID SET
W ALL SECTIONS
Sheet Number
A4
Pro ject No. 040305- 2
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FINISHED FlOOR
EL. ~ 100-0
::,
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TOP Of monNG
EL - 97-0
f
CUT SLOT IN PRECAST
PANEL TO RECEIVE
REGlET, SEAL ABOVE
PROIIIOE NON-CORROSIVE
FlASHING & COUNTER
FlASHING
JOIST BEARING
EL = 121'-10'
BATCH
IlQlllI
.:i!LQe
'/2" EXPANSlON JOINT
CONe. mOnNG SEE
STRUCT. FOR SlZE ANO
REINFORCING
Q) ~c~~TI,~~ =~~o!1IGH /Low ROOF
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.
LAMPERT
ARCHITECTS
I
13837 NE Lincoln Slro"t =
Ham Lake, MN 5S304 ...
Phon.:163.75S.1211 rOJl:763.7S7.2!149
lamp.rtOlomp.rl-an:h.com
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-->
ARCHITECT CERTIFICATION:
I HEREBY CERnFY THAT THIS PlAN.
SPEQF'1CA 1lON OR REPa:H WAS
PREPARED BY hiE OR UNDER Wy DIRECT
SUPER"'SlOH AND THAT 1 AU~DUl Y
UCENSED ARQ-IITECT ~tJ' '
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VERIFY COLOR
HAND fRAMEO STEEL
STUDS 0 24" O.C.
wi 5/8" G'r? SHTG.
1/2- EXPANSION JOtNT
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VERIFY WI CONTRACTOR
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CONC. STOOP FOOnNG
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cc
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INSULA TING GlASS IN
ANOOlZED ALUMINUM F'RAUES
o ENTRY
Copyright 200.
LM"Qnf LcI"'9..-t Ar<=nll..::". P.A.
Project Designer: Ben R.
Crown By. reo
Checked By. LL/LML
Revisions
05.1404
06.01.04
PREUUINARY
BIO SET
WALL SECTIONS
@~C~~!I,~~ _~~o~NTRY
Sheet Number
AS
Project No. 040305-2
tf1\1 ANODIZED AlUMINUM wI
U INSULAllNG GLASS
DOOR FRAME TYPES
SCALE, '/4" - ''-a'
* = llEMPEREO GLASS
[l D
(;\A ANODIZED ALUMINUM W/@HOLLOWMETALWI
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DOOR TYPES
SCALE: 1/4. "" 1'-O~
* - TEMPERED GLASS
illEeIIQ!l - 1'-0. IS NOT
REQUIRED UNLESS DOOR
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'l9 2 COATS Of" PAINT
A HOLLOW "'ETAL wI
V Z COATS OF PAINT
@ INSULA TED OVERHEAD DOOR
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27- - WAU L4QUNTED TOILET
3'" - FlOOR UQUN TED TOILET
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GD~~A~/~E? 1'~oESTROOM PLAN (TYP.)
EXCEPllONS TO B'" MAXIMU....
,) THE PUSH SIDE OF DOORS "'THOUT AN ACTUAL
LATCHING ...ECHANIS....
Z) DOORS "'TH AUTOMATIC DOOR OPENING DEVICES.
2 TYPICAL JAMB DETAIL
A6 SCALE,' 1/Z = 1-0
llBllilli
THE URINAL SHALL HAVE A CLEAR ACCESS WIDTH OF NOT LESS THAN JO"
THE FRONT UP OF THE BO'M.. OF WALL-MOUNTED URINAl SHALL BE NOT
MORE THAN 17" ABOVE THE f'LOOR.
WAIQ!l!ES
LAVATORIES SHALL HAVE A CLEAR ACCESS WIDTH OF NOT LESS THAN 30"
CLEAR HEIGHT OF NOT LESS THAN 29" TO THE BOTTOM OF THE FIXTURE
APRON, CLEAR HEIGHT OF NOT YORE J.... TO THE RIU OF THE FIXTURE, AND
A CLEAR DEPTH OF NOT lESS THAN 12- UNDER THE FIXTURE EXCLUSIVE OF
BOWL AND WASTE PIPE. ALL EXPOSED PIPES ARE TO BE COVERED "'TH AN
INSULATED PROTECTIVE M-"TERIAL. THE WATER CONTROL VALVES SHALL BE
LEVER HANDLES.
ACCESSORIES
MIRRORS SHALL BE MOUNTED SO THAT THE BOTTOM IS NO HIGHER THAN 40"
ABOVE THE FLOOR. AlL WALL-MOUNTED DISPENSERS, WASTE DISPOSAL
CONTAINERS, OR SI""LAR ACCESSORIES SHALL BE MOUNTED SO THAT
WORKING HEIGHT IS NO HIGHER THAN 40" ABOVE THE f'LOOR. AND SHALL BE
FREE OF INTERFERENCE BY GRAB BARS OR OTHER ACCESSORIES OR FIXTURES.
GRAB BARS SHALL SUPPORT A WEICHT OF 250 LBS. OR GREATER.
INTERIOR FINISHFS
f'LOCRS IN THE WATER CLOSET COMPARTMENTS ACCESSIBLE TO THE PUBUC
SHALL HAVE A SlMOCTH, HARD NON-ABSORBENT SURFACE SUCH AS CERA",'C
TILE AND SHALL EXTEND UP THE WALLS AT LEAST 6". (IBC IZ09.1)
WALLS ""THIN Z FEET OF URINAlS AND WATER CLOSETS SHALL HAVE A
S....OOTH. HARD NON-ABSORBENT SURF ACE, TO A HEIGHT OF 4 FEET ABOVE
THE f'LOOR. (IBC IZ09. Z)
BACK WALL
SlOE WALL
GRAS BARS AT ACCESSIBLE WATER CLOSETS
GD~C~T~~~~t'.?oETAILS & NOTES
6'-0'
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LAVATORY CLEARANCES
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WINDOW TYPES
SCAL[, II'" - , -a"
* - TEMPERED GLASS
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\!2/ INSlILA TING GlASS INSULA TINC CLASS
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\'::Y 2 COATS OF PAINT
SUDING PANELS
ROOM FINISH SCHEDULE
Rill DESCR1pnON FLOOR 8_ N.WAlL E. WAll. S.WAlL W, WAll ClG. HGHT REMARKS
100 WAITING AREA Q. T. CPT. Q. T. CPT. PT GYP PT GYP PT CYP PT GYP ACT. B' 6"
101 RECEPnON CARPET CARPET PT GYP PT GYP PT GYP PT GYP ACT. S'-6"
10Z OFFlCE CARPET CARPET PT GYP PT CYP PT GYP PT GYP ACT. S' 6"
'03 OFFl CE CARPET CARPET PT GYP PT GYP PT GYP PT GYP ACT. B'-6"
'04 "'EN'S LOCKER ROO'" CONC. NONE PT GYP PT GYP PT CYP P C ACT. B'-6"
105 "'EN C.T. C.T. CT IWST CT 'WST PT GYP PT GYP ACT. B'-6"
106 WO"'EN C.T. C. T. PT GYP CT W<T CT 'W<T PT GYP ACT. S'-6"
107 WOMEN'S LOCKER ROO... CONC. NONE PT GYP PT GYP PT GYP P C ACT. S'-6"
108 BREAK ROO'" V.C.T. VlN'it. PT GYP PT LK PT GYP PT GYP ACT. B' 6"
109 GARAGE CONC. NONE PC PT LK PT GYP P C B.J. VARIES
110 SHOP CONC. NONE PC PC PIC PT LK B.J. VARIES
111 BATCH ROON CONC. NONE PC PC PIC P C B.J. VARIES
ZOO STORAGE CONC. NONE PIC PT IGYP PT IGYP PIC B.J. VARIES
ABBREVlA nONS,
PT/GYP = PAINTED OVER GYP. BOARD
CT /WST - CERAMIC nLE WAINSCOT TO "-0. A...F.
P T /BLK = PAIN TED CONC. BLOCK
CONC. .. SEALED CONCRETE
V.C. T. 5 IIINyt COMPOSITE nLE
c: T. - CERAMIC nLE
A.C. T. - ACOUSllCAL CEIUNG llLE
MTL = METAl
Q. T. ... QUARRY TILE
PIC - INSIDE .ACE OF PRECAST PANEL
B.J. = BAR ~STS
DOOR &: FRAME SCHEDULE
DRI DOOR SIZE THICK DOOR FRAIIE REMAR1<S
100 3'-0~x7'-0" 1 3 4- A F' INSULATING GlASS
10Z J'-0~x7'-0" 1 3 4. B FZ
103 S-0"x7'-0" 1 3 4" B FZ
104 3' -0"x7' 0" 1 .3 4" B FZ
105 3'-0"x7'-0" 1 3 4" B FZ
106 3'-0 x7'-0" 1 .3 4" B FZ
107 J'-O x7' 0" 1 3 .." B F2
I08A J'-0~x7'-0" 1 3 4- B FZ
1088 J'-0~x7' 0" 1 3 4" B F3
100A S -0"x7' -0" 1 3 4" B F2 INSULA TED
100B S-0"x7'-0" 1 3 4" B FJ
100C 16'-0"x9'-0. - C - INStJlATE'O
Il0A 3'-0"x7'-0" 1 3/4" B FZ INSULA TED
1108 3'-0"x7'-0" 1 3/4" B .z INSULA TED
lIDC 12'-0~xI4' -0" C INSULA TED
1100 3'-0"x7'-0" 1 3/4" B .2
lIOE 12'-0"x''''-0'' - C - INSULA TED
lIOF 12'-0 x1..'-0- C INSULA TED
IlDC 12'-O~xl'''-O'' - C INSUlA TED
110H 12'-0")(14'-0" C INSULA TED
lIOJ 12'-O~xI4'-0" - C INSULA TED
11lA 12'-0'")(14' -0" - C INSULA TED
111B 12'-0"x''''-0'' C INSULA TED
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11IIC I 3 -0".7 -0 II 3/4 I B I F2 IINSULATED
NOTES,
-ALL DOOR HARDWARE TO BE SPECIFIED &- PROVIDED BY CONlRACTOR
-ALL EXIT HARDWARE SHALL BE SINClE HAND LEVER STYlE PER
ADAAG 4.13.9.
.
LAMPERT
ARCHITECTS
13837 HE Lincoln Street :=:
Harn lak$, MN 55.304 '.J
Phane:76J.7S5.1211 fax:763.757.28.a9
lomperlOlomperl-on:.h.cQm
ARCHITECT CERTIFICATION,
I HERESY WIlN TJiAT 1HI$ PlAH.
sPECIFlCA TlON OR REPOR f WAS
PREPARED BY WE OR UNDER WY OIR[Cf
SUPER",SION AND niAT I AN~OULY
UC(NSED AROfIT'ECr U~..
LAWS OF THE s~~.,..."'" TA.
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Caprrlg:,"' 2004
LeonQrd Lampert An:hllacts, P.A.
Project Desi9ner: Ben R.
Drawn By. ECO
Chocked By Lt/LML
Revision!
05.IS.0'
06.01.0"
PREUUINARY
BID SET
RESTROOM PLAN,
NOTES AND
DEl AILS
Sheet Number
A6
Project No. 040.305-2