HomeMy WebLinkAbout2008-07-01 P & Z
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PLANNING AND ZONING COMMISSION
MEETING AGENDA
TUESDAY, July 1,2008
6:30 p.m.
I. CALL TO ORDER
1. Roll Call
II. APPEARANCES/PRESENT A TION(S)
III. PUBLIC HEARING (S)
IV. OLD BUSINESS
V. NEW BUSINESS
VI. DISCUSSION ITEMS
1. Code Amendments
a. Chapter 154
b. Chapter 153
c. Chapter 152
VII. CONSIDERA TION OF MINUTES
1. June 3, 2008 Meeting Minutes
VIII. ADJOURNMENT
**REMINDERS**
Parks & Recreation Committee Meeting - July 2, 2008, 6:30 p.m. Council Chambers
Independence Day - July 4, 2008 - City Hall Closed
City Council Meeting - July 9, 2008, 6:30 p.m. Council Chambers
City Council Work Session - July 9,2008 Following Meeting - 2009 Budget
City Council Meeting - July 23, 2008, 6:30 p.m. Council Chambers
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TITLE XV: LAND USAGE
Chapter
150.BUlLDlNG REGULATIONS
152.SIGN REGULATIONS
151.RESERVED FOR FUTURE
153.SUBDIVISION REGULATIONS
154.Z0NING CODE
155.FLOOD DAMAGE PREVENTION
157.EROSION CONTROL
156.RESERVED FOR FUTURE
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CHAPTER 150: BUILDING REGULATIONS
Section
Minnesota Building Code
150.01 Building Code adopted
Uniform Fire Code
150.10 Uniform Fire Code adopted
Sump Pumps
150.30 Sump pump required
Property Under Construction
150.45 Site maintenance of property under construction
Costs
150.60 Reimbursement of costs associated with certain developments
150.99 Penalty
~ 150.01 BUILDING CODE ADOPTED.
(A) Building Code adopted.
(1) The Minnesota Building Code, as adopted by the Commissioner of Administration
pursuant to M.S. 99 16B.59 through 16B.75, including all of the amendments, rules and regulations
established, adopted and published from time to time by the Minnesota Commissioner of
Administration, through the Building Codes and Standards Division, is hereby adopted by reference
with the exception of the optional chapters, unless specifically adopted in this section. The Minnesota
Building Code is hereby incorporated in this section as if fully set out herein.
(B) Application, administration and eriforcement.
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(1) The application, administration and enforcement of the code shall be in accordance with
the Minnesota Building Code. The code shall be enforced within the extraterritorial limits permitted by
M.S. ~ 16B.62, Subdivision 1, as amended, when so established by this section.
(2) The code shall be enforced by the state-certified Building Official designated by the city
to administer the code.
(C) Permits andfees.
(1) The issuance of permits and the collection offees shall be as authorized in M.S. ~ 16B.62,
Subdivision 1, as amended.
(2) Permit fees shall be assessed for work governed by this building code in accordance with
the schedule resolution adopted by the city on an annual basis. In addition, a surcharge fee shall be
collected on all permits issued for work governed by this code in accordance with M.S. ~ 16B.70, as
amended.
(D) Building Code optional chapters.
(1) (a) The Minnesota Building Code, established pursuant to M.S. ~~ 16B.59 to 16B.75, as
amended, is hereby adopted as the building code for the city. The code is hereby incorporated in this
section as if fully set out herein.
(b) The Minnesota Building Code includes the following chapters of Minnesota Rules:
1. Chapter 1300, Administration ofthe Minnesota State Building Code;
:: ::::::::ee~~\pf "1
5. Chapter 1305, Adoption of the 2000 International Building Code;
6. Chapter 1306, Special Fire Protection Systems;
7. Chapter 1307, Elevators and Related Devices;
8. Chapter 1309, Adoption of the 2000 International Residential Guide;
9. Chapter 1311, Adoption of the 2002 Guidelines for the Rehabilitation of
Existing Buildings;
10. Chapter 1315, Adoption of the 2002 National Electrical Code;
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11. Chapter 1325, Solar Energy Systems;
12. Chapter 1330, Fallout Shelters;
13. Chapter 1335, Floodproofing Regulations;
14. Chapter 1341, Minnesota Accessibility Code;
15. Chapter 1346, Adoption of the Minnesota State Mechanical Code;
16. Chapter 1350, Manufactured Homes;
17. Chapter 1360, Prefabricated Structures;
18. Chapter 1361, IndustrializedlModular Buildings;
19. Chapter 1370, Storm Shelters (Manufactured Home Parks);
20. Chapter 4715, Minnesota Plumbing Code; and
21. Chapters 7670, 7672, 7674 and 7678, Minnesota Energy Code.
(2) (a) The following optional provisions identified in the most current edition of the
Minnesota Building Code are hereby adopted and incorporated as part of the building code for the city:
Minn. Rules ~~ 1306, 1306.0020, Subd. 2, and 1306.0030, Item E, Option #1.
(b) This city also adopts Minn. Rules Chapter 1335, Floodproofing Regulations, parts
1335.0600 to 1335.1200 and Appendix Chapter K (Grading), of the 2002 Supplement to the 2000
~~~:~;i~;'~i;:~C~;:;~38f:~I'~urnu M.S !
Statutory reference:
Enforcement of code, see MS. S 16B.65, Subdivision 1
UNIFORM FIRE CODE
~ 150.10 UNIFORM FIRE CODE ADOPTED.
(A) Uniform Fire Code adopted There is hereby adopted by the city, for the purpose of
prescribing regulations governing conditions hazardous to life and property from fire or explosion,
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(B) Establishment and duties of Bureau of Fire Prevention.
(1) The .., ' Fire Code shall be enforced by the Bureau of Fire Prevention (or other
designated agency) in the Fire DePt.- '.pfthe ,1-UlI Fire 'trict ~", .'UJIJ--jiitbIiShed
and which shall be operated under th . superv'ion !f the c:~. f of . e D ,.artment. ,
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(2) The Chief in charge 0 '. e Bur u Fire ve ,.mf" , ,th ..... designated ',ncy) shall
beappomted by CUy Council on the. ~. tion t . i~o "'" qnalificat "s.
(3) The Chief of the Fire Department may detail members of the Fire Department as
inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend
to the City Administrator and City Council the employment of technical inspectors who, when that
authorization is made, shall be selected through an examination to determine their fitness for the
position. The examination shall be open to members and nonmembers of the Fire Department, and
appointments made after examination shall be for an indefinite term, with removal only for cause.
(C) Definitions, For the purpose of this section, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
(1) Whenever the word JURISDICTION is used in the
Centennial Fire District.
Fire Code, it shall mean the I
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Deleted: that certain code known as the i
. Vnifonn Fire Code, and the Unifonn Fire I
I Code Standards published by the Western '
, Fire Chiefs Association and the '
International Conference of Building
Officials, being particularly the 1988
editions thereof and the whole thereof,
. save and except those portions as are
, hereinafter deleted, modified or amended
~ by division (G) oftbis section.
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Deleted: Vnifonn
Deleted: Vnifonn
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(2) Whenever the words CHIEF OF THE BUREAU OF FIRE PREVENTION are used,
they shall be held to mean Fire Chief, Fire Marshal or any authorized fire inspector of the Bureau of
Fire Prevention.
(D) Establishment of limits of districts in which storage of flammable or combustible liquids in
outside above-ground tanks is prohibited. The limits referred to in Fire Code in which the
storage of flammable or combustible liquids is restricted except for home and recreational use. Storage
in this manner is, by example, gas cans or similar containers that are approved and hold two and one-
half or five gallons. This exception is not intended to allow large quantities to be stored. A guideline
would follow that ten gallons should be adequate and more would be excessive. The storage of
flammable or combustible liquids in outside above-ground tanks is prohibited within
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(E) Establishment of limits in which storage of liquified petroleum gases is to be restricted. The
limits referred to in. the " ,<Fire Code in which storage of liquified petroleum gas is restricted are
hereby established as follows except for home and recreational use. Home and recreational use would
allow storage of liquified petroleum in approved containers with a guideline limit of 40 pounds in the
restricted area. The restricted areas are: All residential districts; P Public Use; and the ,Mixed Use
district' .
(F) Establishment of limits of districts in which storage of explosives and blasting agents to be
prohibited. The limits referred to in the Fire Code in which storage of explosives and blasting
agents is prohibited are hereby established as follows: All zoning districts except the I-I industrial
zone.
(G) ;1.ppeals. Whenever the Chief disapproves an application or refuses to grant a permit applied
for, or when it is claimed that the provisions of the code do not apply or that the true intent and
meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the
;'~~~~~~r~~'~~i ,~r ili ni~tfth~ ~,anyn' >~;:.
processes or occupancies for which permits are required, in addition to those now enumerated in the
Fire Code. The Chief of the Bureau of Fire Prevention shall post the list in a conspicuous place
in his or her office, and distribute copies thereof to interested persons.
(Ord. 55, passed 8-14-1991 )
SUMP PUMPS
~ 150.30 SUMP PUMP REQUIRED.
(A) Sump pump systems required. Sump pump systems shall be installed in new residential,
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Comment: All referrences to the old
State Fire Code should be replaced. This
section dealing with tanks is somewhat
, addressed in the adoptions made abov~.
Comment: This reference is addressed
above.
Deleted: Section 79.501 of the Uniform
Deleted: the following limits:
Residential; R-2 SinglelMultiple-Family
Residential; P Public Use; and 0 Open
Space Conservatory zoning districts.
Deleted: ~
Deleted: Section 82.103(a) of
Deleted: Uniform
: Deleted: M-I
Deleted: Section 77.106(b) of
; Deleted: Uniform
Deleted: Amendments made in the
Uniform Fire Code. The Uniform Fire
Code is amended and changed in the
following respects: as adopted by the
State ofMinnesota.~
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, (H)
Deleted: I
Deleted: Uniform
commercial and industrial buildings, except in situations of on-grade construction.
(B) Stormwater discharge prohibited. It shall be unlawful for any owner, occupant or user of any
premises to direct into or allow any stormwater, surface water, groundwater, roof runoff, pond
overflow, well water or water from residential, industrial or commercial air conditioning systems to
drain into the sanitary sewer system of the city.
(C) Draintile system. A draintile, sump basket, pump, electrical receptacle and rigid pipe
connection to the outside shall be required for any new residential buildings constructed within the city.
The Building Official may determine the need for this installation when slab-on-grade construction
occurs. The system shall be installed as follows:
(1) The building shall have a draintile placed around the inside perimeter of the foundation
connected to a sump basket. The sump basket shall be located at least ten feet away from any inside
floor drain;
(2) A discharge pipe shall be installed to the outside wall of the building with rigid pipe
(plastic, copper, galvanized or black pipe), 314-inch inside diameter minimum, with a union or other
approved coupling for easy disconnection for repair or replacement. The discharge pipe shall have a
hose bib or 3/4-inch hose connector at the outSide of the building wall;
(3) The electrical receptacle shall be located no greater than five feet from the sump basket;
and
(D) Alternate materials or methods. The provision of this section are not intended to prevent the
use of any material or method of construction not specifically prescribed by this section; provided, any
alternate has been approved and its use authorized by the Building Official. The Building Official may
approve any alternate, provided that the proposed design is satisfactory and complies with the
provisions of this section and that th~: ., m~iWork 0 d is, ~Jii - ed, at
least the equivalent of that prescribe ....I.n. this .." ticjk..... '. T Thhee... ~.'....'."....i1di..............I..c......I' al ....... all require ...... sufficient
evidence or proof be submitted to s bstantia f~/that a,' m . ding'.. use. The
details of any action ~~nting ap~ro o~ ~n. e te sil\U be ~;an ,entered in th . files of the
department of the Buddmg Officlal.'.,.' . '" '\ ,
(E) Existing installations. When a draintile system is to be installed in an existing structure that
had no system of surface water drainage when first constructed, the system shall be installed the same
as for new construction.
(Ord. 57, passed 7-28-1993)
PROPERTY UNDER CONSTRUCTION
~ 150.45 SITE MAINTENANCE OF PROPERTY UNDER CONSTRUCTION.
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(A) Containment of debris. On parcels on which construction is taking place, the property owner
shall be responsible to contain all rubbish, debris and excess construction material within the
construction site.
(B) Removal of debris.
(1) The property owner is responsible to remove all rubbish, debris and excess construction
material from the construction site bi-weekly.
(2) In the event the property owner fails to contain or remove rubbish, debris or excess
construction material, the city shall be authorized to clean the premises and the property owner shall be
responsible for the costs thereof.
(C) Site maintenance deposit.
(1) A site maintenance deposit shall be placed in escrow to the city at the time that a building
permit is issued. The escrow charges shall be established according to the annual fee schedule
approved by City Council.
(2) Contingent upon no city action being required to monitor and/or clean the site, the escrow
amount as established per the annual fee schedule shall be refunded to the individual/company that
originally supplied the escrow deposit along with the building permit, less an administrative fee also
established per the annual fee schedule, at the time that construction on the parcel has ceased, and the
construction site is free of rubbish, debris and excess construction materials.
(D) Payment or assessment of costs.
(1) The cost for any action taken by the city to monitor or clean the site will be deducted
from the maintenance deposit. Shf"'" ts f::.r. ion. d tho TIi'h'd
by the fee schedule, the property 0 ; will il ';, tI r xce ,
.. (2) A cortili""" of occup ~~~ ::'.:lllot t i '~lO" ctcd buildi $ until thl,
bIllIs paId III full. L " ! ,. c" '.
(3) Periodically, the Administrator shall list the total unpaid charges for monitoring and
removal of rubbish, debris or excess construction materials against each separate lot or parcel to which
they are attributable under this section. The City Council may then spread the assessment charges
against the property benefitted as a special assessment under M.S. ~ 429.101, as amended, and other
pertinent statutes for certification to the County Auditor and collection along with the current taxes the
following year.
(4) A fee established by the annual fee schedule for final site inspection shall be retained by
the city.
(Ord. 52, passed 6-12-1991; Am. Ord. passed 9-8-2004) Penalty, see ~ 150.99
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COSTS
~ 150.60 REIMBURSEMENT OF COSTS ASSOCIATED WITH CERTAIN
DEVELOPMENTS.
The city encourages the development and redevelopment of lands within the city. It shall be the
general policy ofthe city that private developments shall not be subsidized by the city, but shall pay all
costs associated with such development or redevelopment, including but not limited to staff time and
consulting fees. When practical, the city shall require development agreements with adequate security
to ensure that city costs are reimbursed by the developer or property owner.
~ 150.99 PENALTY.
Any person violating any provision of this chapter shall be guilty of a misdemeanor.
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CHAPTER 152: SIGN REGULATIONS
Section
General Provisions
152.01 Title
152.02 Purpose and intent
152.03 Definitions
General Regulations
152.15 General regulations
152.16 Pennitted signs with no pennit required
152.17 Portable signs
152.18 District regulations
152.19 Comprehensive sign plan required
152.20 Adjustments and appeals
152.21 Nonconfonning signs
152.22 Enforcement
152.99 Penalty
GENERAL PROVISIONS
~ 152.01 TITLE.
This chapter shall be known as the Centerville Signage Ordinance, except as herein referred to as
this chapter.
(Ord. 39, passed"'__'~'-'-','0.'._",' __-'~_ __ ___--)
~ 152.02 PURPOSE AND INTENT.
It is the purpose of this chapter to:
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(A) Establish a set of standards for the fabrication, erection, use and maintenance for signs,
symbols, markings, advertising devices or other items that serve as visual communication media;
(B) Allow creativity in sign design while at the same time ensuring that the public is not
endangered, annoyed, distracted or displeased by unsafe, disorderly, indiscriminate and unnecessary
use of visual communication media; and
(C) Provide administration and procedures for requiring permits, payments of fees and provide for
penalties for noncompliance.
(Ord. 39, passed - -. i, ..c. .' J
~ 152.03 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
ADVERTISING SIGN. A sign which directs attention to a business commodity, service or
entertainment not exclusively, related to the premises where the sign is located or to which it is affixed.
AREA IDENTIFICATION SIGN. A freestanding sign that identifies the name of a residential
subdivision, commercial or industrial development.
BILLBOARD. A sign erected for the purpose of advertising a product, event, person or subject
not entirely related to the premises on which the sign is located.
BUSINESS FRONTAGE. Th~.liJat.fronJ.1lf'~ P~rti .of a b~faciBgt.. " ::1i~ht-of-
way and occupied by one separate b . mess.) -,1/',. )-'\i:-:"~:' . ,
BUSINESS SIGN. Any sign . ich id~fi a b~ess ..' "'. - . of usinesses, ei . r retail or
wholesale, or any sign wh;ch Identifi~ssl . ods ~ . th~~tion or pro)on of any
principal commodity or service, including entertainment, offered or sold upon the premises where the
sign is located.
CANOPY. A permanent roof structure attached to and supported by the building.
CHANGEABLE COpy SIGN. Any sign that is characterized by changeable copy, letters or
symbols, regardless of method of attachment.
DIRECTIONAL SIGN. An on-premises sign designed to guide or direct pedestrian or vehicular
traffic.
FLA GS. Devices generally made of flexible materials, such as cloth, paper or plastic, and
displayed on poles, strings or wires, but excluding the flag of any country or state.
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FLASHING SIGN. An illuminated sign on which the illumination is not kept constant in
intensity or color at all times when the sign is in use.
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.
HISTORICAL IDENTIFICATION SYMBOLS. Those symbols which have historically been
identified with the service the establishment provides, are common to similar enterprises in all other
localities and are not a particular trademark or business identification.
ILLUMINATED SIGN. A sign that has an artificial light source directed upon it or which has an
interior light source.
MAJOR ANCHOR. A single tenant in a shopping center that is at least 20 percent of the total
square footage and in excess of 50,000 square feet.
MOTION SIGN. A sign that revolves, rotates or moves.
POLITICAL SIGN. Any sign which states the name or picture of an individual seeking election
or appointment to a public office, pertaining to a forthcoming public election or referendum, or
pertaining to or advocating political views or policies e!ected on privat~ property, which is erected by a
bona fide candidate for political office or by a person or group supporting the candidate, and whIch
contains Jhe name of the person or group chairperson responsible for the erection and removal of the
sign.
SIGN. A name, identification, description, display, illustration structure or device which is affixed
to or painted on, or represented directly or indirectly upon a building or other outdoor surface or piece
of land, and which directs attention to an object, product, place, activity, person, institution,
organization or business.
SIGN AREA. The entire area within a continuous perimeter enclosing a sign, exclusive of sign
embellishments, which may extend beyond the perimeter as regulated herein; the perimeter shall not
include any structural elements lying outside of the sign and is not an integral part of the display.
Double-faced signs are permitted with the maximum square footage allowed on each face as that
allowed for a single-faced sign; multi-faced sign areas may not exceed the area permitted for a single-
faced sign.
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, Deleted: the name of the person or
group supporting the candidate and
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SIGN HEIGHT. Height shall be measured from grade to the uppermost points or level of sign
surface.
TEMPORARY SIGN. A sign that is not permanently affixed. All devices such as banners,
pennants, flags (not intended to include flags of any nations), searchlights, twirling or sandwich-type
signs, sidewalk or curb signs and balloons or other air- or gas-filled figures.
WALL ADVERTISING SIGN. An advertising sign attached to or erected against the wall of a
building or structure with the exposed face to the sign in a plane approximately parallel to the face of
the wall and extending not more than 15 inches from the building wall face.
WINDOW SIGN. A sign affixed to or inside a window in view of the general public, but
excluding merchandise on display.
(Ord. 39, passed --)
GENERAL REGULATIONS
~ 152.15 GENERAL REGULATIONS.
(A) Signs are prohibited within the public right-of-way or easements, except that the City Council
may grant a special use permit to locate signs and decorations on or within the right-of-way for a
specified period of time.
(B) Flashing signs, motion signs or similar devices shall be prohibited in all districts except
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(D) Business signs shall not be painted, attached or in any manner affixed to trees, rocks or similar
natural surfaces. No signs of any type shall be painted directly onto the roof or the sides of a building.
(E) Signs that interfere with the ability of vehicle operators or pedestrians to see traffic signals, or
which impede the vision of traffic by vehicle operators or pedestrians are prohibited.
(F) Signs shall not project above the roofline of any structure without the issuance of a special use
permit.
(G) No sign shall physically obstruct any window, fire escape or opening intended to provide
entry or exit to any structure, building or public way.
(H) All signs and sign structures shall be properly maintained in a safe, orderly condition at all
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times, including the replacement of defective parts, cleaning and other items required for the
maintenance of the sign. Vegetation within ten feet in any direction of the base of ground signs shall
be neatly trimmed and free of weeds, and no rubbish or debris that would constitute a fire or health
hazard shall be permitted under or near the sign.
(I) No signs may be placed on utility poles in the city.
(J) There may be no more than one identical sign per lot in a residentially zoned area.
(K) The changing of the advertising message of a painted or printed sign, or changeable copy sign,
and the painting, repainting and cleaning of signs will not require a sign permit, but will otherwise be
done in compliance with this chapter and any other applicable laws.
(L) No sign may by reason of its location, color or intensity create a hazard to the safe and
efficient movement of vehicles or pedestrian traffic. No private sign may contain words that might be
construed as traffic controls, such as "Stop," "Caution," "Warning," or otherwise resemble any official
marker erected by a governmental body or agency, unless the sign is a directional sign.
(Ord. 39, passed - -)
~ 152.16 PERMITTED SIGNS WITH NO PERMIT REQUIRED.
(A) Political signs. Political signs itU i" posted
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(B) Temporary signs.
(1) Temporary banners aT~ts ;m.eiD~isplaY;.for n.8ID0thm~.1_s. A
maximum of ~ix occurre?ces per ye"............... ~ .,.r.~.................w.......... e..... Bann:( o'.n~....................n.......t....'.... d med to bf................'.... n integral
part of the d"'gn "' ",ch,"""", OhC'te . ; J '"{ ~.
(2) One temporary identi.... ...1ign,'t!etting thel~~e f the proje<t architect,
engineers, contractors, planners and financing agencies, may be installed at a construction site in any
district for the period of construction. The sign area of a temporary identification sign shall not exceed
35 square feet;
(3) In any district, one temporary real estate sign may be erected for the purpose of
advertising the lease or sale of property upon which it is placed. Only one sign shall be permitted per
street frontage. The sign(s) shall be removed within seven days following the lease or sale. of the
property .
(a) The maximum size of these signs for each district is as follows:
1. Residential Districts: Ten square feet;
2. Commercial Districts: Thirty-two square feet;
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3. Industrial Districts: Thirty-two square feet;
4. Mixed-Use District: Sixteen square feet; and
5. Agricultural/Rural Residential: Thirty-two square feet.
(b) In any district, one temporary "help wanted" or "now hiring" sign may be erected for
the purpose of advertising employment positions. Only one such sign shall be permitted per street
frontage. The sign shall be removed upon filling the employment position. The maximum size of
these signs for each district are as follows:
1. Commercial District: Thirty-two square feet;
2. Industrial District: Thirty-two square feet;
3. Mixed-Use District: Sixteen square feet; and
4. Agricultural/Rural Residential: Thirty-two square feet.
(4) ,'ermission of the Council must be obtained to erect the signs upon or over public
property, and provided further that the signs shall not be erected or posted for a period of more than 14
days prior to the date of the event and must be removed within three days after the event.
(C) Directional signs. Directional signs having a surface area not greater than five square feet.
(D) Memorial signs. Memorial signs or tablets, or names of buildings and date of erection when
cut into a masonry surface or cons~.of me_........ .~...... ..'.. .... or sto...r, an... d a~................. ........... -I;.... . g, not
exceeding a sign surface area of four ruare rf' t~,: 'L~)' ..... . \ .)'c~::c:': .... .
(E) F~ee~tanding si~ns. Frees~.d.~...g.. S~.i ~""~ ..J..~!i"... .... ents occurri :withi? the
corporate limits of the City, not ex . ,four {quare ~,~: :Ign s1\fa area, erecte.;on pnvate
property with permission ofthe landowner, and displayed for not more than three consecutive days.
(F) Window signs. Temporary or permanent window signs duly authorized by zoning and other
laws of this city, provided that all the signs on a frontage shall not have a total sign surface area greater
than 50 percent of the glass area, excluding doors, on the frontage, and provided that a minimum of
one-half of the open window space must be below a horizontal line which is five feet above the interior
floor ofthe commercial establishment. Merchandise displays in windows shall not be considered a part
of the sign area if the display is not to be continued for a period of more than eight weeks.
(Ord. 39, passed --)
~ 152.17 PORTABLE SIGNS.
(A) Portable signs are prohibited in residential districts. Portable signs in all other districts are
19
. Deleted: Signs pertaining to drives or I
events of civic, philanthropic, educational I
or ~i~~us o~~~~o~, Pl'ovided P__ :
. utJ/%
allowed with permit as specifically authorized below.
(B) Portable signs used for the purpose of directing the public will be permitted subject to the
following conditions:
(1) The sign is coincidental to or used in conjunction with a public function;
(2) The sign is used for a special business promotion or event;
(3) The period of use for the sign shall not exceed 14 consecutive days;
(4) No business may have more than six special promotions or events per year; and
(5) Portable signs may not exceed 80 square feet.
(Ord. 39, passed --)
~ 152.18 DISTRICT REGULA TlONS.
(A) Residential/Public Districts (R-I, R-2, R-2A, R-4, R-5, poi
_ ~:). Permitted signs:
(l) Residential identifications. Not more than two square feet per single family dwelling or
six square feet in area for each multiple-family building.
(2) Institutional identifications. Churches, schools, parks etc. allowed up to 48 square feet;
not taller than eight feet.
(3) Busi.", signs. Hom'~................. ~.'......"." th" il..................................._..........~.~........................... rldmlf..._.............. "quare
feet. The sign may not be an interior-Uumin, s' ri;.~:i'J2'.1 )
(4) Noncommercial opini. or ",ssa n commercial.pinion or
m,,,'ll' signs", p,nnitted " foil ...."~.,T,,i tillI d i "",h ,tng un" is Pbitted on,
additional sign which is no larger than six square feet and no higher than six feet tall. In medium and
high density districts, the sign must be attached to the dwelling. No permit fee is required for a sign
authorized under this paragraph.
(5) Area Identification Signs. One area identification sign is permitted in conjunction with a
development or subdivision, however the sign shall not exceed 48 square feet in area and 8 feet in
height and shall only be permitted when a homeowner association or other responsible entity has been
established that agrees in writing to maintain the sign and adjoining property.
(B) Commercial District (B-I). Permitted signs:
(1) Wall signs. Wall signs are permitted on each public street exposure or public parking
exposure, provided the signage does not exceed ten percent of the wall area.
20
(2) Freestanding signs. One freestanding sign per business or business complex; provided,
however, the sign does not exceed 200 square feet in area and 35 feet in height.
(3) Area identification signs. One area identification sign is permitted per street frontage;
however, the sign does not exceed 64 square feet in area and 20 feet in height, and is not placed within
ten feet of any street right-of-way.
(C) Industrial District (I-I). Permitted signs:
(1) Wall signs. Wall signs are permitted on each public street exposure or public parking
exposure provided the signage does not exceed ten percent of the wall area.
(2) Freestanding signs. One freestanding sign per street frontage; provided, however, the
sign does not exceed 200 square feet in area and 35 feet in height.
(3) Area identification signs. One area identification sign is permitted per street frontage;
however, the sign does not exceed 64 square feet in area and 20 feet in height, and is not placed within
ten feet of any street right-of-way.
(D) Mixed-Use District_ (M-l. .-J. Permitted signs:
(1) Wall signs. Wall signs are permitted on each public street exposure or public parking
exposure, provided the signage does not exceed ten percent of the wall area.
(2) Canopy signs. Signs on these structures are allowed as long as the sign area does not
exceed ten percent of the wall area.
(3) . Ground.sign~. One gr~.."~,'.d"'.:.'..~'~' . is f..'~...'?=i~e~,.....p.erf,S." .....~.l....'tT.... o...n taf.....e....~.~.':..;~V::Lt~4'"..~...'....C.i; sign does
not exceed eIght feet In heIght and 3 feet In a~. .,21:'::'.... . >. ,\ .;ciFf"7. ,
(Ord. 39, passed - -; Am. Ord. 87, pa, ~ 1~!f20 ) '\.J' ,e . \
~ 152.19 COMPREHENSIVE SIGN PLAN REQUIRED.
(A) (1) A comprehensive sign plan is required at the time of Planning and Zoning Commission
review of any proposed new commercial or industrial development. This plan shall indicate the
location, size, height, color, lighting and orientation of all proposed signs and shall be submitted for
approval pursuant to the regulations of the city.
(2) Building permits and inspections are necessary as required by Building and Electrical
Code. Fees for required permits or hearings shall be set by approved annual resolution of the City
Council.
(B) Every application for a sign permit must be accompanied by a plan drawn to scale and
including the following:
21
'UlS/b/"t./
(1) The dimensions of the sign and, where applicable, the dimensions of the wall surface of
the building to which it is to be attached;
(2) The maximum and minimum height of the sign;
(3) The proposed location of the sign in relation to the boundaries of the lot upon which it is
to be situated;
(4) The proposed location of the sign in relation to the boundaries of the lot upon which it is
to be situated;
(5) If the sign is to be illuminated, the technical means by which this is to be accomplished
and the hours of illumination;
(6) Where the sign is to be attached to any existing building, a diagram or photograph of the
face of the building to which the sign is to be attached;
(7) The name and address of the owner of the sign and the address of the property where the
sign is located;
(8) Where a ground level sign is proposed with berming, a diagram showing grade level and
dimensions of the berm;
(9) When a multi-tenant comprehensive sign plan is submitted, the plan must include the
location, size, height, color, lighting and orientation of all signs; and
(10) Where a ground sign plan is submitted, the plan must include the location of the sign in
relation to the lot lines and the buil . t, di '~T' .............................................. .' cgrade,
size, color, lighting and hours ofillu ......
(Ord. 39, passed --)
~ 152.20 ADJUSTMENTS AND APPEALS.
(A) The Commission of Adjustments and Appeals will be comprised by all members of the
Planning and Zoning Committee.
(B) The Planning and Zoning Committee will hear and make recommendations to the City
Council regarding:
(1) Appeals where it is alleged that there is an error in any order, requirement, decision or
determination made by an administrative officer in the city in the enforcement ofthis chapter; and
(2) Petitions for variances from the literal provisions of this chapter in instances where their
strict enforcement would cause hardship because of circumstances unique to the individual property
under consideration. Criteria for granting a variance will be the same as the criteria for granting a
22
variance in the city's zoning chapter.
(Ord. 39, passed - -)
~ 152.21 NONCONFORMING SIGNS.
(A) Legal, conforming. All signs existing as of the adoption date of this chapter conforming to the
requirements of this chapter and not requiring a permit under the provisions of this chapter, may be
maintained so long as the sign continues to comply with the provisions of this chapter, as it may from
time to time be amended.
(B) Legal, nonconforming signs. All signs existing as of the adoption date of this chapter which
would be prohibited by ordinance or which would require a permit under this chapter but have not
received a permit, will be deemed to be legal nonconforming signs. Legal nonconforming signs may
continue to exist without a permit and without constituting a violation of this chapter until one or more
of the following occurs:
(I) The sign is structurally altered (except for normal maintenance) in a way that makes the
sign less in compliance with this chapter than it was before the alteration;
(2) The sign is relocated to a position making it less in compliance with this chapter than it
was before the relocation;
(3) The sign is replaced; and/or
(4) Any new primary sign is erected or placed in connection with the enterprise using the
legal nonconforming sign.
(Ord. 39, passed --)
[.' t f-~-'~ .. ,- ~-~.
. r ! ,........ L..~..:::
I : \ f'
! ! \\ . ~\< ; ccd
L l r.
(A) If a sign is in violation of this chapter, is in danger of falling, or is otherwise a menace to the
safety of persons or property, the Building Official may give to the owner of the property on which the
sign is located written notice specifying the violation, ordering the cessation of the violation and
requiring either the removal of the sign or remedial work in the time and manner specified in the
notice.
~ 152.22 ENFORCEMENT.
(B) In the event of failure to comply with the notice within 30 days, the Building Official may
remove the sign or cause the remedial work to be done.
(C) The cost of the work performed by the city, must be paid to the city by the owner of the
property on which the sign is located.
(D) If payment is not made within 30 days after a statement of costs is sent to the owner, the costs
may be assessed against the property by certifying the costs to the county.
23
, UIj/ti/u
(E) If a sign that has been removed is not reclaimed and costs paid within 30 days after its
removal, the sign may be sold or otherwise disposed of by the city.
(F) If a sign is found to be an immediate danger to the public because of its unsafe condition, it
may be removed without notice, and written notice of removal and reasons for the removal will be
given to the owner of the property on which the sign is located as soon as possible.
(Ord. 39, passed --)
~ 152.99 PENALTY.
Violation of this chapter is a misdemeanor.
24
'08/6/27
CHAPTER 153: SUBDIVISION REGULATIONS
Section
General Provisions
153.01 Title; jurisdiction
153.02 Purpose
153.03 Compliance
153.04 Conflict
153.05 Definitions
Design Standards
153.15 General
153.16 Easements
153.17 Water and sewer systems
153.18 Blocks
153.19 Lots
153.20 Street
Construction and Improvements
1-
153.35 General conditions
153.36 Developer's agreement
153.37 Financial security
153.38 Construction plans
153.39 Inspection
153.40 Prior improvements
153.41 As-built plans
153.42 Improvement construction
153.43 Development improvements; site grading
153.44 Improvement and construction; miscellaneous
ll,'
Plat Specifications and Procedure
153.55 General
153.56 Sketch plan
153.57 Preliminary plat
153.58 Final plat
153.59 Procedures for plat submissions
26
Administration and Enforcement
153.70 General
153.71 Amendments
153.72 Appeals
153.99 Penalty
Editor's note:
This chapter was established by Ord. 8, passed 12-8-1982 and subsequently amended, but it was
not possible to ascertain what sections were amended by which ordinance. The amending
ordinances are: Am. Ord. passed 5-13-1987; Am. Ord. passed 2-10-1988; Am. Ord. passed
3-14-1990; Am. Ord. passed 4-11-1990; Am. Ord. passed 2-27-1991; Am. Ord. passed 4-24-
1991;
Am. Ord. passed 5-22-1991; Am. Ord. passed 5-11-1994; Am. Ord. passed 5-8-2002.
GENERAL PROVISIONS
~ 153.01 TITLE; JURISDICTION.
(A) This chapter may be cited as the Centerville Subdivision Ordinance and will be referred to
herein as this chapter.
(B) The geographic jurisdiction of this chapter includes the entire area within the corporate limits
of the city.
~ 153.02 PURPOSE.
j ~-
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This chapter is adopted:
!
i"
(A) To assist the orderly, efficient and integrated development of the city;
(B) To provide uniform procedures and standards for all subdivisions;
(C) To ensure consistency between future subdivision development and the city comprehensive
plan; and
(D) To provide for the protection and conservation of floodplains, shorelands, soils, water,
vegetation, energy, air quality, geologic and ecologic features and features and agricultural lands.
~ 153.03 COMPLIANCE.
Platting is required for all subdivisions creating five or more lots, regardless of size, or
27
Deleted: 11
UO/O/~I
subdivisions which create parcels which are two and one-half acres or less in size. Hereafter, no lot in
a subdivision may be sold, no permit to erect, alter or repair any building upon land in a subdivision
may be issued, and no building may be erected in Ii subdivision, unless and until a subdivision plan has
been approved and, where required, recorded, and until the improvements required by the Council in
connection therewith have either been constructed or guaranteed, as herein provided.
~ 153.04 CONFLICT.
Where the conditions imposed by any provisions of this chapter are either more or less restrictive
than comparable conditions imposed by any other regulation, the regulations which impose the higher
standard or requirements shall prevail.
~ 153.05 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
ALLEY. A public right-of-way which affords a secondary means of access to abutting property.
BLOCK. A tract of land bounded by streets or a combination of streets, parks, cemeteries, railroad
rights-of-way, shorelines, waterways or corporation boundary line of the city.
BOUNDAR Y LINES. The line also indicating the bounds of limits of any tract or parcel of land.
BUILDING LINES. The line also referred to as SETBACK LINE means the line beyond which
property owners or others have no legal or vested right to extend a building or any part thereof without
special permission and approval oft~'f.aut
. \,.
BUTT LOT. A lot, the sideline which rm lots.
l
CITY IMPROVEMENTS. 1m'" ts t 1>y the provided chapter
and/or the development agreement and financed through assessments procedures.
COMPREHENSIVE PLAN. The comprehensive development plan made and adopted by the city
indicating the general locations recommended for major thoroughfares, streets, parks, public buildings,
zoning districts and other public improvements.
CONTOUR MAP. A map on which irregularities of land surface are shown by lines connecting
points of equal elevations. Contour intervals are the vertical heights between contour lines.
CORNER LOTS. The lot or lots within a plat and situated at the comers thereof so that they are
bounded on two sides by streets. This term applies to any lot within the plat at street intersections and
bounded on two sides by streets.
28
CROSS-WALK. A right-of-way, municipally owned, which cuts across a block to furnish access
for pedestrians to the adjacent street or properties.
CUL-DE-SAC. Court or dead-end street; a short minor street having one end open to traffic and
being permanently terminated by a vehicular turnaround.
DEVELOPER IMPROVEMENTS. Improvements to be installed by the developer as provided in
this chapter and/or the development agreement.
EASEMENT. A grant by the property owner to the use of a strip of land by the public, a
corporation or person for specific purposes.
FRONTAGE. The width of a lot or building site measured on the line separating it from a public
street or way.
HALF-STREET. A street divided 10ngitudinaIly by a property line.
LAND SURVEYOR. A registered LAND SURVEYOR capable of preparing engineering plans for
land subdivision plats.
LOT. A portion of a subdivision or other parcel of land intended as a unit for transfer of
ownership or for development, capable of being occupied by one or more structures.
LOT DEPTH. The mean horizontal distance between the front and rear lines of a lot.
LOT, DOUBLE FRONTAGE. A lot, the generally opposite ends of which both abut on streets.
LOT WIDTH. The mean width measured at right angles to the depth.
~::':L ~i'iI7i:;"".. [;1:;:'::;;({" l:;';':'j":;/,.
NATURAL WATERWAY. An. natu~pas ,. geway)~ the . ., ce o. the earth so ',uated and
having ,uah .a tnpogmphiaal n"",, .. t ,urn.ac ~ ..'. .'S th. ro . ,it i o....m..:. .._as be~.... ' reaahing
a final pondmg area. The term als means . m \Ide an ' agstructures th ,have been
constructed or placed for the purpose f. ,- uctin water ne plac ';to other. . .
OWNER. The person having legal title, his or her duly authorized agent or attorney-in-fact, a
purchaser, devisee, fiduciary and a person having a vested interest in the property in question.
PEDESTRIAN WAY. A public or private right-of-way across a block or providing access within
a block, to be used by pedestrians and for the installation of utility lines.
PLAT. A map or chart indicating the subdivision or resubdivision of land, intended to be filed for
record.
RESERVE STRIPS. Narrow strips or narrow strips of land usually withheld from the street right-
of-way to form a barrier between certain property and the public street or thoroughfare.
29
VO/O/tt.1
RlGHT-OF-W AY. The land covered by a public road or other land dedicated for public use or for
certain private use, such as land over which a power line passes.
STREET. A right-of-way, which affords the principal means of access to abutting property. A
STREET may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane,
drive, place or other appropriate name. A STREET may also be identified according to type of use as
follows:
(1) Arterial street or highway. Streets providing for traffic movements between traffic
generation areas.
(2) Collector streets. Streets providing connection primarily between arterial streets or
arterial and local streets.
(3) Local streets. Streets serving primarily as access to abutting properties and not intended
as major streets or highways carrying through traffic.
STREET WIDTH. The shortest distance between lines ofIots delineating the street.
SUBDIVIDER. Any person who undertakes the subdivision of land as defined herein. The
SUBDIVIDER may be the owner or the authorized agent of the owner of the land to be subdivided.
SUBDIVISION. The division of a single lot, tract or parcel of land, or a part thereof, into two or
more lots, tracts or parcels of land.
THOROUGHFARE. A public right-of-way with a high degree of traffic continuity and serving as
an arterial traffic way between the various districts of the city.
TOPOGRAPHY. The detailed ~ orpec~es of
features or surface configuration of larea. l, fXp Y.
WATERCOURSE. Sholl Indudl~,~~ct. dl ;)~
WATERSHED. Rice Creek Watershed District.
ilf-r;;tiO rell,!
I
ZONING. The reservation of a certain specified areas within the municipality for buildings and
structures for certain purposes with other limitations such as heights, lot coverage and other stipulated
requirements.
DESIGN STANDARDS
~ 153.15 GENERAL.
30
Subdivision design shall comply with the following general design standards:
(A) Natural ftatures. Existing natural features which would add value to the subdivision and the
city, such as trees, steep slopes, watercourses, historic spots and similar irreplaceable assets, shall be
preserved, insofar as possible, through harmonious design of the subdivision.
(B) Land dedication. In all new subdivisions, ten percent of the gross area subdivided shall be
dedicated for public recreation space, with this ten percent being in addition to property dedicated for
streets, alleys, easements or other public ways. No areas may be dedicated for public use until the
areas have been approved as being suitable and needed for the public health, safety, convenience and/or
general welfare. When the subdivision is too small for practical dedication of public land or if no land
in the subdivision is suitable for that use, the subdivider shall be required to pay a fee as per schedule
in effect per lot created or ten percent of the subdivision land value, whichever is greater, prior to
subdivision; the value (market) of the land shall be determined by negotiation between city and
developer. Lots created in any manner that are larger than five acres or 300 feet in width shall not be
subject to dedication of land for public use. A fee according to the current schedule will be charged on
every building permit issued pertaining to new housing units for parks and playgrounds.
(C) Planned unit development. These design standards of this chapter may be modified by the
City Council in the case of a plan utilizing an unusual concept of development which meets the
requirements of the section. The planned unit development provision is intended to encourage original
and imaginative subdivision design which preserves the natural amenities of the site and provides for
the general welfare of the city. It shall conform to the planned unit development requirements of the
city zoning chapter.
(D) Soi/tests. The city may require soil tests prior to the final approval of any plat. These soil
tests shall consist of test holes to a depth necessary to determine the various types of soil to be
encountered before reaching a stable base. The test holes, when ordered by the city authorities, shall be
drill.d "lb. oxpen'" of lb. own" ~" ~=" . rmati isclos 'aI1l~ . ...to the
city together with a copy of the prop...edP... la. .....9ho....ing the. .....0. catl' ~ach st hole. The formation
required by the city shall include a r. ,ort as th..'~ type en "d and ir depths,
the level ofthe groundwater and a se age te an may ~~d , .1 i ormation. T 'number of
test holes to be drilled and their lo..bn the operty~ h is pr s to be platt will be as
directed by the city or its authorized representative. In questionable cases, the owner shall be required
to furnish to the City Council a report from a recognized engineering laboratory as to the safety and
practicability of the use of the area for building construction, including the feasibility for installation of
sewage facilities.
(E) Restriction onjiling and recording conveyances.
(I) Restriction. State law states that a municipality with adopted subdivision regulations, no
conveyance of land shall be filed or recorded if the land is described in the conveyance by metes and
bounds; by reference to an unapproved registered land survey after 4-21-1961; or by an unapproved
plat made after those regulations become effective.
(2) Limits of applicability. The above restrictions do not apply if the land described in the
31
'08/6/27
conveyance:
(a) Was a parcel of record on 4-1-1945;
(b) Was subject to a written agreement to convey entered into prior to that time;
(c) Was a separate parcel of not less than 2.5 acres in area and 150 feet in width on 1-1-
1966;
(d) Was a separate parcel of not less than five acres in area and 300 feet in width on 7-1-
1980;
(e) Is a single parcel of commercial or industrial land of not less than five acres in area
and having a width of not less than 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 acres in area or 300 feet in
width; or
(f) Is a single parcel of residential or agricultural land of not less than 20 acres in area
and having a width of not less than 500 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 20 acres in area or 500 feet in
width.
(3) Exceptions. The following land divisions are exempted from the provisions of this
division (E) and upon request, the Administrator shall, within ten days, certify that this division (E)(3)
does not apply to these land divisions:
allow for th reation of
(b) The division and a
an additional lot for the purpose of b
(c) In the case of a request to divide a base lot upon which a 2-family dwelling,
townhouse or a quadraminium is located, which is a part of a recorded plat, where the division is to
permit individual private ownership of a single dwelling unit within the structure, and the newly
created property lines will not cause any of the unit lots or the structure to be in violation of this
chapter or the zoning chapter. If the Administrator makes a negative determination and/or the
applicant wishes to appeal the decision, the case shall be sent to the Planning and Zoning Commission
for recommendation to the City Council.
~ 153.16 EASEMENTS.
(A) Utility. Easements at least a total of 20 feet wide, centered on rear lot lines, shall be provided
for utilities where necessary. They shall have continuity of alignment from block to block, and at
32
deflection points, easements for pole line anchors shall be provided.
(B) Drainage. Where a subdivision is traversed by a watercourse, drainageway, channel or
stream, there shall be provided a stormwater easement or drainage right-of-way conforming
substantially with the lines of the watercourses, together with any further width or construction, or
both, as will be adequate for the stormwater drainage of the area. The easements shall meet the
requirements of the Rice Creek Watershed.
~ 153.17 WATER AND SEWER SYSTEMS.
No new subdivision will be considered unless municipal water and sanitary sewer are available to
the property.
~ 153.18 BLOCKS.
Blocks in new subdivisions shall meet the following standards:
(A) Length. The length of any block shall not be more than 620 feet.
(B) Pedestrian ways. The use of pedestrian ways through any block is to be permitted only when
absolutely necessary. Where permitted, pedestrian ways shall be at least 15 feet wide.
(C) Alleys. The use of alleys in any block is to be permitted only when absolutely necessary.
Alleys may be required in commercial areas where adequate off-street loading space is not available.
fi 153~~ I:::' yoro sJ", shall J....o. nn.-............ ". :.0.'.'.'..' '", w.... E..,....h'.....".. 1. ,~\~....... F.;'.~:a::l..... d ili, lots
shall be designed in accordance Wit~F~~O~~ing~~Si~~fs~.\" [
(A) Corner lots. The minimum comer lot dimensions for single-family, detached dwelling
developments where permitted under the zoning chapter shall be;
(1) At least ten feet wider at building setback line than permitted under the zoning chapter;
(2) Not less than minimum depth permitted under the zoning chapter; and
(3) Minimum lot area shall be increased by ten feet times the minimum lot depth permitted
under the zoning chapter.
(B) Shape of lots. Side lines of lots shall be approximately at right angles to straight streets and on
radial line on curved streets. Some variation from this rule is permitted when it is clearly evident that
the variation shall improve the overall design. In no case shall the rear lot line of any lot be less than
50 feet.
33
.UO/O/~(
(C) Access. Every lot shall be provided with access adequate for the use of public safety vehicles
and other public and private purposes and shall be served by a public or private street system, improved
in accordance with this chapter and connected to the general street system.
(D) Doublefrontage lots. Double frontage lots shall not be permitted, except:
(l) Where lots back upon a thoroughfare, in which case vehicular and pedestrian access
between the lots and the thoroughfare shall be prohibited; and
(2) Where topographic or other conditions render subdividing otherwise unreasonable. The
double frontage lots shall have an additional depth of at least 20 feet in order to allow space for a
protective screen-planting along the back lot line, and also in these instances vehicular and pedestrian
access between the lots and the thoroughfare shall be prohibited.
(E) Nonsewered lots. In areas which are not served by public sanitary sewer systems, no lot shall
be developed for residential purposes unless it meets the requirements set for lots outside the urban
service area, which is a minimum of ten acres. The preliminary plat shall show a feasible plan for
future resubdivision by which lots may be resubdivided to meet the size and dimension standards of
lots in areas served by public sanitary sewer system. Any preliminary plat not showing a future
resubdivision plan shall not be resubdivided.
(F) Butt lots. Butt lots shall be platted at least five feet wider than the average interior lots in the
block.
(G) Drainage. Lots abutting upon a watercourse, drainageway, channel or stream shall have an
additional depth or width, as required, to assure house sites are not subject to flooding.
:h~~;.,;;~;I~ ::~::tJ:2:~ vO um~ ffio ili {';:d~lWI\::~
air, facilitate fire protection, provide access of fire-fighting equipment to buildings, and provide a
coordinate system of streets conforming to the city street plan.
(B) In addition, the street design must meet the following requirements:
(l) In the case of subdivisions for commercial, industrial and public purposes, no street
giving access upon a major street shall be located closer than 500 feet, along the same side of a major
street, to any other driveway, public or private street in the same or another subdivision;
(2) Local streets shall be so planned as to discourage through traffic;
(3) Cul-de-sacs, when used, shall be held to as short a distance as possible between the origin
or main street and the end of the cul-de-sac. Each cul-de-sac shall have a terminus of nearly circular
shape and be a maximum allowable length of 800 feet;
34
(4) The use of half-width streets shall be prohibited, except where essential to the reasonable
development of the subdivision in conformity with the other requirements of these regulations and the
overall plan of the neighborhood in which the plat is situated. Wherever a half-street is adjacent to a
tract to be subdivided, the other half of the street shall be platted within the tract;
(5) Reserve strips controlling access to streets are prohibited;
(6) The minimum distance between centerlines of parallel or approximately parallel streets
intersecting a cross-street from opposite directions shall be 150 feet;
(7) Intersections of more than two streets at one point shall be avoided;
(8) Dead-end streets shall be prohibited unless provided with a turnaround or cul-de-sac
arrangement;
(9) Right-of-way requirements may be increased for specific thoroughfares if existing or
anticipated traffic flow warrants it, or if drainage easements parallel the thoroughfares. The increased
width will be set by the City Council under the advisement of the Planning and Zoning Commission
and City Engineer.
(10) Minimum right-of-way widths, paving widths, angle of intersection, curb radius,
horizontal alignments, vertical alignments as well as maximum grades shall be in accordance with the
following table:
Street Design Standards
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l-'~c- \ .
L" J';--
r "_.~
35
'Ul:l/ti/U
Right-of-Way
Paving Width
Arterial
120 feet
52 feet
Collector
Local
66 feet
60 feet
36
Cul-de-sac
60-foot radius
46-~ radius
t
L
UV/V/L.I
Maximum Grade
Arterial
Street Design Standards
Collector
Local
37
Cul-de-sac
'U/j/O/~1
Minimum Angle
to Intersection
I
L_
Arterial
Street Design Standards
Collector
Local
Cul-de-sac
90 degrees
38
Arterial
Street Design Standards
r
r
Collector
Local
Cul-de-sac
Horizontal
Alignment
(Minimum
Radius of Center
Line)
*
.")
JJ
I r "=..
?".. . . . . < .. :i..,~'~
/.. ... J .... ;;e,,,"
,... .~...\.
'lQ
*
*
*
.UO/O/lt.(
Vertical curves
(Minimum Sight
Distance)
Arterial
150 feet
Street Design Standards
Collector
Local
40
Cul-de-sac
Street Design Standards
Arterial
Collector
Local
Cul-de-sac
NOTES TO TABLE:
* - Subject to approval of City Engi
r -
f
41
~.._- -
'Ulj/tJ/~1
CONSTRUCTION AND IMPROVEMENTS
~ 153.35 GENERAL CONDITIONS.
Upon receipt of the preliminary plat approval by the Council and prior to Council approval of the
final plat, the subdivider shall make provision, in the manner hereinafter set forth, for the installation at
the sole expense of the subdivider for any improvements as shall be required by the city, which
improvements may include but are not limited to streets, sidewalks, public water systems, sanitary
sewer systems, surface and storm drainage systems and public utility services. The installation of these
improvements shall be in conformity with approved construction plans and specifications and all
applications and all applicable standards and ordinances.
~ 153.36 DEVELOPER'S AGREEMENT.
Prior to the installation of any required improvements and prior to approval of the final plat, the
subdivider shall enter into a contract with the city, which contract shall require the subdivider to
construct the developer improvement at the sole expense of the subdivider and in accordances at the
sole expense of the subdivider and in accordance with approved construction plans and specifications
and all applicable standards and ordinances. The contract will define the developer's responsibilities
with regard to city improvement. The contract shall provide for the supervision of construction by the
City Engineer, and the contract shall require that the city be reimbursed for all costs incurred by the
city for engineering and legal fees and other expenses in connection with the making of the
improvements. The performance of the contract shall be financially secured by a cash escrow deposit
or irrevocable letter of credit as hereinafter set forth.
i 153.37 FINANCIAL SECUR11~~":1/" . ,l.i-\2'
The developer's agreement shal~ req. u. ir~'{tbe.ubdiv ....... to..... e:'" a.~as~iescrow depo ~ or in lieu
thereof to furnish a letter of credit in tbe'fo1lOwinglamount~n .npon th&follOwing conditilis:
(A) Escrow deposit. The subdivider shall deposit with the Administrator a cash amount equal to
150 percent of the total cost of the improvements as estimated by the City Engineer, including the
estimated expense of the city for engineering and legal fees and other expenses incurred by the city in
connection with the making of the improvement.
(B) Letter of credit. In lieu of a cash deposit, the subdivider may furnish a letter of credit
satisfactory to the city, in a sum equal to 150 percent of the total cost of the improvements as estimated
by the City Engineer, including the estimated expense ofthe city for the engineering and legal fees and
other expenses incurred by the city in connection with the making of the improvements. Release of the
letter of credit will be determined by Council resolution.
42
(C) Conditions. The developer's agreement shall provide for a completion date on which all of
the required improvements shall be fully installed, completed and accepted by the city. The completion
date shall be determined by the Council after consultation with the City Engineer and the subdivider,
and shall be reasonable in relation to the construction to be performed, the season of the year and
proper correlation with construction activities in the subdivision. The developer's agreement shall
provide that, in the event the required improvements are not completed within the time allotted, the city
shall be allowed to exercise its power to recover on the letter of credit or utilize the escrow deposit to
complete the remaining construction to city standards and specifications. In the event the amount of
funds recovered is insufficient to cover the cost of construction, the Council may assess the remaining
cost to the lands within the subdivision.
~ 153.38 CONSTRUCTION PLANS.
Construction plans and specifications for the required improvements conforming in all respects
with the standards and ordinances of the city shall be prepared at the expense of the subdivider by a
professional engineer registered by the State of Minnesota. The plans and specifications shall be
approved by the City Engineer and shall become a part of the developer's agreement. Two prints of the
plans and specifications shall be filed with the Administrator.
~ 153.39 INSPECTION.
All required improvements shall be inspected during the course of construction by the City
Engineer and acceptance ofthe improvements by the city shall require prior written certification by the
subdivider's engineer and acknowledged by the City Engineer that the improvements have been
constructed in compliance with the plans and specifications.
~ 153.40 PRIOR IMPROVEMENt.':.c,\ . f'C!~)J'~ \ ~c:!:.. L;Z~0S!'
Improvements which have been i.. mPle!A prt:~~~~iC ."'(~rtina. 1. ~~;~P~rov~l ..... executi~n
of the developer's agreement shal .... be 'lceepte[ as eqli. ent Impltlv ents, provId the CIty
Engineer shall certify in writing that the improvements conform to the city standards.
~ 153.41 AS-BUILT PLANS.
Upon completion of installation of all required improvements, the subdivider shall file with the
Administrator a reproducible tracing and two copies of the plans and specifications showing all
improvements as finally constructed and installed. An electronic/digital version of the required filing
shall also be submitted in a format acceptable to the city. All as-built plans will be prepared by City
Engineer and the time billed to the developer.
~ 153.42 IMPROVEMENT CONSTRUCTION.
43
UO/O/t:./
All required improvements specified in this subchapter shall be constructed in accordance with the
city standards and all other applicable city, county and state regulations.
~ 153.43 DEVELOPMENT IMPROVEMENTS; SITE GRADING.
(A) Grading.
(I) The developer shall do all site grading including the front 100 feet of the lots, common
green way and open spaces, stormwater storage ponds and surface drainageways, including sodding of
boulevards all in accordance with the approved grading, drainage and site plan. A grading plan with
maximum 2-foot contours and cross-sections as necessary shall be submitted and approved by the city
prior to commencement of any site grading.
(2) Boulevards shall be graded at an incline of two percent behind the curb. The sidewalk
construction shall be in accordance with the city-approved streetscape and shall reflect a consistent
grade that follows the back of the curb.
(3) (a) After substantial building completion and prior to the issuance of an occupancy
permit, a certificate of survey shall be provided to the city verifying that the lot grading has been
accomplished to the approved standards.
(b) The certificate of survey will locate the following:
1. Property irons;
2. Buildings;
3. Driveways;
4. Drainage
5. Utility easements;
6. Sewer service at the property line; and
7. Water service and shut-off at the property line.
(c) The certificate will also provide the following elevations:
1. Grading at the front lot line;
2. Grading at property comers;
3. Lowest floor elevation and structure type; and
44
. <
4. One-hundred-year flood elevation and 100-year flood contour property.
(B) Soil erosion. The developer shall control soil erosion as otherwise required by the city code.
(C) Monuments and markers. The developer shall place iron monuments in accordance with state
statutes.
(D) Curb stops. The developer shall arrange with the city to make all necessary adjustments to the
curb stops to bring them flush with the topsoil (after grading).
(E) Trees and landscaping shall be in accordance with the requirements for the various zoning
districts contained in the zoning chapter ofthe code.
(G) Street maintenance.
(I) The developer shall be responsible for street and sidewalk maintenance, including curbs,
boulevards, sod, sidewalks and street sweeping, until the development is accepted by the city.
(2) Warning signs as per the Minnesota Uniform Traffic Control Devices Manual shall be
placed when hazards develop in streets to prevent the public from traveling on same and directing
attention to detours. If and when the streets become impassible, the streets shall be barricaded and
closed.
(3) The developer shall maintain a smooth driving surface and adequate drainage on all
temporary streets. No builders will be allowed on the dedicated street areas until the streets are
completed and accepted by the city.
(4) Th, dovolo"", may [Clot wri ~.Wi! lb, oi .k'ap,~ ~-;ildring the
winter months by plowing snow fro the sl' p . r to fi I ac ~~e 0 e streets. T developer
shall reimburse the city for all snow lowing . 0 cce s...Jjf th ~ The shall not
be responsible for reshaping the s ts be use plo ~rat s if they requested.
Snow plowing service does not const ilia! ac .t str~e~\
(5) It is understood that if soil is excavated from the development and moved off the
property, all city and county streets which are used for hauling shall be maintained free of debris and
soil; and property within the city limits upon which the soil is stored shall also be maintained free of
debris and have adequate erosion control.
(H) Street lights.
(I) Residential street lighting shall be owned, installed, operated and maintained by the
electric utility company servicing the development. The city and the electric utility company shall
enter into a contractual agreement on the rate and maintenance of the street lighting system.
(2) It shall be the responsibility of the developer to:
45
'Ulj/O/:t./
, .
(a) Reimburse the city for the operating cost of the street lighting system for a period
which will extend to one year after the utilities and improvements of the development have been
accepted by the city or until the time that 50 percent of the lots in the subdivision are occupied,
whichever is greater.
(b) Pay the electric utility company any costs incurred in the installation of the street
lighting units; and
( c) The above street lighting costs shall be guaranteed in the same manner as the other
development improvements and the city shall be entitled to draw upon the letter of credit posted herein
in the event of nonpayment.
(I) Storm sewer, The developer shall dedicate and survey all stormwater holding ponds as
required by the city. The developer shall be responsible for the storm sewer cleaning and holding pond
dredging, as required, by the city prior to or until the time that all primary buildings within the
subdivision are completed or two years after final acceptance of the streets by the city, whichever
occurs first.
(1) Site grading. The developer shall be responsible for securing all necessary approvals and
permits from all appropriate federal, state, regional and local jurisdictions prior to the commencement
of site grading.
(K) Streetscape. The developer shall make provision that all gas, telephone and electric utilities
shall be installed to serve the development as per the city streetscape plan.
(L) Ground cover control, All unoccupied lots shall be maintained in a manner that ground cover
will not be allowed to grow more than 12 inches in height at any time. Should the developer not
respond within ten days to the city's request to cut the vegetation, the city shall take action to do so and
shall bill the developer. If the bill i . in e co e ~~: a lien
a~ainst the property and may be ce lie he t or at the "tion of the
CIty CouncIl may be deducted from epo .~.
(M) Screening. ~i,
(1) The developer shall install as a part of the site grading a protective screen planting berm
in areas deemed appropriate and/or necessary by the City Council.
(2) The plantings will provide a minimum of 60 percent opacity year round and shall reach a
minimum of ten feet in height at the maturity. Deciduous shrubs shall be minimum of 24 inches in
height, deciduous trees shall be a minimum of one inch caliper, and conifers shall be a minimum of
four feet in height at the time of planting. The landscape plan for the berm shall be submitted to and
reviewed by the city for approval.
(3) All plantings shall be warranted to be alive, of good quality and disease-free for a period
of 12 months or one growing year, whichever is greater after acceptance of the city streets and utilities.
The first planting replacement shall be warranted for 12 months from the time planting. The city shall
46
. "
be entitled to draw upon the security posted herein for replacement of any plantings.
(4) Developer shall not enter into any agreements with the homeowners which provide for
installation of the boulevard trees by the homeowners.
(N) Insurance. Developer(s) and/or all its/their subcontractors shall take out and maintain, until
the city has accepted the private improvements, public liability and property damage insurance
covering personal injury, including death, and claims for property damage which may arise out of the
developer's work or the work of his or her subcontractors, or by one directly or indirectly employed by
any of them. Limits for bodily injury and death shall be not less than $500,000 or more. The city shall
be named as an additional insured on the policy, and the developer or all its subcontractors shall file
with the city a certificate evidencing coverage prior to the city signing the plat. The certificate shall
provide that the city must be given 30 days' advance written notice of the cancellation of the insurance.
The certificate may not contain any disclaimer for failure to give the required notice.
(0) Costs. Cost of developer's improvements, description and completion dates shall be described
in the development agreement.
~ 153.44 IMPROVEMENT AND CONSTRUCTION; MISCELLANEOUS.
(A) Streets. The streets shall be graded if required by the Council to the grades and dimensions
shown on plans and profiles and approved by the Council, and shall include the following
improvements:
(1) Suitable drainage structures, culverts, storm sewers, ditches and related installations shall
be provided to ensure adequate drainage of all points along the streets. There shall be no surface or at
grade cross-street drainage;
(2) Concrete curbs and gut';j;ii~ rle;=3~1 ': \ J:::~' ~;'~1""'
(3) The base course shall .. nsist)r l~t '..es .'~"b~".' ......'.'~f' Highwa. approved
material, bearing a seven-ton design '.611 inc de a g . ile fa~ t as specifieby the City
Engineer;
(4) Blacktop paving as specified by the City Engineer shall be required on all streets after
water distribution lines, storm sewers and sanitary sewers have been installed; and
(5) The boulevards shall receive three inches of topsoil and be sodded.
(B) Sidewalks. Paved sidewalks five feet wide of portland cement, concrete or asphalt concrete
may be required on one or both sides of streets designated as collectors or arterials.
(C) Storm drainage. The construction of a storm drainage system shall confonn to the following
requirements:
47
. Utl/ti/OU
(1) Drainage ditches or channels shall have a minimum gradient of one percent;
(2) Open watercourses shall have adequate capacity and erosion control to ensure safe and
healthful disposal of storm water;
(3) When topsoil has been removed from the surface of a lot on a slope where erosion will
cause a displacement of loose material, the subdivider shall be required to seed or provide other means
to prevent the wash from damaging adjacent property or accumulating on street surfaces; and
(4) Design of storm drainage facilities shall be compatible with adjacent areas, including the
extension of abutting existing storm sewers. Design of all drainage structures shall be based on the 5-
year occurrence for design intensity using runoff coefficient and concentration times as determined by
the City Engineer.
(D) Water supply. Where public water supply is available, as determined by the Council, the
subdivider shall connect to the public water supply and construct a system of water mains with a
connection for each lot. The minimum size of water mains shall be six inches and the minimum size of
private water services shall be one inch. Water mains and services for commercial and industrial uses
or for the extension of major trunks shall be determined by the City Engineer. If private wells are to be
permitted, they shall be constructed in conformance with City Code and Minnesota Statutes and Rules.
(E) Sewers. All plats within the urban service area shall be connected to the municipal sewer
system.
(F) Utilities. Every lot in a subdivision shall be capable of being served by utilities, and
easements acceptable to the utility companies shall be provided. Electric, gas and other utility
distribution lines shall be installed within public rights-of-way or within properly designated
easements. To the fullest extent possible, underground utility lines shall be installed within the right-
of-way adjacent to but not beneath e ~ ~ lJnd pr~- ved ar ~,;",;",,-,".';}'JJ'C 10:~5~..S/Jiii'r;:;
~ ~---- .~.\,
'\. ~ ~:_~.- )/'
(I) Street name and traffic c ro/ si._ lfi - - Ie . ~--"devel ....... ents, the
dev~loper shall install ~ll stre~t nam signsp fice~ed necessar,;y the ~ity
Engm<<" In oomm."".hnd md", IDPl", t . op." , II .11 streett.",gns
and traffic control signs as deemed necessary by the City Engineer.
(J) Sodding. The developer must sod the front yard, boulevard and side yards to the rear of the
structure on every lot-the balance of the lot shall be seeded. The required sodding and seeding shall be
placed prior to occupancy. An escrow deposit shall be submitted to the city in a dollar amount
sufficient to guarantee the required sodding.
48
~ \
"., "., :"",
-_._._._-_.-
I ,1
"", ~. ,t
'~.', ~':::~;.:.._~:0~ '~';"~~.~~' ..:i.!....~.:...._~;~J~,_t~_,_i;..:..:,_~
",i.,:,_ "
---- -.---.-.
>'~"~~U;i:;:_ u . '1;
~J',_,
1i'i
iJ..:l~L L ..::.:r}<!1~
."
,.' I
~~ '_ \~' i I
~,
\. -;
J ~ i " ~ t "
'I.
, ,
_'!...___ _ ~;J...:
_ ___J___
. I , , ,~
----.----_.
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..
~l< _ ~_
I ~ ' i .
I L. C_: ~
"f: Cii~, ,~.j1n~l~J,::; . 'Fbt1omort ~ft>-QJ
C',".'." '.'_. .!,...):L.! :~! :'-.:.h.U!1J$l..,:' -,-1~ " '''''., {)!' ",,--,'_ ," I
,i:,. .'t;:i,ilfcltfL:~,~ ,:c, , .-'., , . ,'"
"r-'- -:;-lL.,. . ',-- --~,-..-.\
~.:.,...,-"" ~'" .
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:1
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49
L
Comment: Stonn shelten; governed by
Minn. Stal. Sec. 327.205
'Ulj/tJ/~1
.':_~Lr....:.:j_~; l'....:..
PLAT SPECIFICATIONS AND PROCEDURE
~ 153.55 GENERAL.
In a subdivision for residential p:bf:~~s t~"fi4:~lots an
roads and utilities, the Council may l........<aaii,ve c~......... intrequi nts
specifications; in that instance the inrationfiis n .
t~. ._,~j' [
I .'. t
1\b\D~public
.phic, strl and utility
t
f;::.:,
~ 153.56 SKETCH PLAN.
The subdivider shall prepare a sketch plan to present to the Planning and Zoning Commission at
the advisory meeting. This plan may be drawn as a freehand pencil sketch and does not require precise
dimensions or any special sheet size. This sketch plan may be used to show the Commission the
location, proposed street and lot layout and any other significant features of the proposed subdivision.
~ 153.57 PRELIMINARY PLAT.
50
L~~~~___
, ,
The following maps and data shall be submitted with the application for preliminary plat approval.
These maps and data may be on separate sheets or combined on one sheet, depending on the size and
complexity of the proposed subdivision. The overall size of the sheets shall be determined by the City
Engineer.
(A) Location map. A map ofthe proposed subdivision showing:
(1) Boundary lines of the proposed subdivision, clearly indicated;
(2) Existing zoning of the tract and adjacent properties;
(3) Total approximate acreage in the plan;
(4) Location, widths and names of all existing or previously platted streets or other public
ways, showing types of improvements, if any railroad and utility rights-of-way, parks and other public
open spaces, permanent building and structures, easements and section and corporate lines within the
tract and to a distance of 100 feet beyond the tract.
(B) Site map. A map of the proposed subdivision and all lands within 500 feet of its boundaries
showing:
(1) Contours of the site at vertical intervals of two feet;
(2) Character and location of natural or artificial features existing on the land which would
affect the design of the subdivision, such as wooded areas, drainage ditches, direction and gradient of
ground slope, embankments, retaining walls, buildings or nonresidential usage of land;
(3) Names of owners of properties adjacent to the subdivision;
::: :::::::: ::::: ~e':$~~tt::~~~~~:f~
t. , \.1 \ Ft.
(6) Utilities, including the size, capacity and facilities, water lines, gas mains and power
lines;
(7) Areas subject to periodic overflow of flood or stormwaters;
(8) Tract boundary lines by calcu]ated distances and bearings; and
(9) Title, graphic scale, north point and date.
(C) Subdivision plat. A plat of a proposed subdivision drawn on an overlay of the topography at a
scale no smaller than ] 00 feet to one inch, showing:
5]
'Uts/bUt
, . I
(1) Proposed name of subdivision, which name shall not duplicate the names of any plat
heretofore recorded in the county;
(2) Location by section, town and range, or by other legal description;
(3) Names and addresses of owner and subdivider, and the names of the city planner, land
planning consultant or surveyor who prepared the plan;
(4) Street pattern, including the names (which shall not duplicate existing streets in the city
unless it is an extension of an existing street), widths of rights-of-way of streets, approximate length of
streets and widths of easements for alleys;
(5) Indication ofthe proposed storm runoff through use of arrows or notes;
(6) Layout of lots, including dimensions, square footage, numbers, front yard lines, building
setback lines on odd-shaped lots; location and widths of easements;
(7) Location and area of parcels of land to be dedicated or reserved for schools, parks,
playgrounds or other public or community use; and
(8) Legend, notes, graphic scale, north point and date.
(D) Engineering plans. Engineering plans prepared by a registered engineer for the proposed
subdivision may be requested by the City Engineer during the subdivision process and shall include but
not be limited to the following:
(I) Show location and invert elevations of proposed sanitary sewer on preliminary plat;
(2) Show storm sewer pip~ 'c_l14>asirp=~
backyard drainage with arrows; and ~.. '1 r -. ~w'
(3) Show proposed street t~~ e~sh I r fee~~pr/.
(E) Restrictions. A draft of the protective covenants or private restrictions to be incorporated in
the final subdivision plat.
ion~,FTdi"re
~ 153.58 FINAL PLAT.
(A) The final plat shall be drawn at a scale no smaller than 100 feet to one inch.
(B) The final plat shall show:
(1) Subdivision name, name and address of owner and subdivider, source of title of land as
shown by the books of the County Register of Deeds, graphic scale, north point, date and certificate of
approval of City Council;
52
, . I
(2) Survey data showing:
(a) Accurate angular and lineal dimensions for all lines, angles and curvatures used to
describe boundaries, streets, easements, area to be reserved for public use and other important features.
Lot lines to show dimensions in feet and hundredths;
(b) An identification system for all lots and blocks;
( c) True angles and distances to the nearest established street lines or official monuments
(not less than 2), which shall be accurately described in the plat;
(d) Municipal, township, county or section lines accurately tied to the lines of the
subdivision by distances and angles;
(e) Radii, internal angles, points and curvatures and lengths of all arcs;
(t) Accurate location of all monuments. Pipes or steel rods shall be placed at the comers
of each lot and at each intersection of street center lines;
(g) Accurate outlines, legal descriptions of any areas to be dedicated or reserved for
public use, or for the exclusive use of property owners within the subdivision with the purposes
indicated therein; and
(h) Certifications by a registered land surveyor, to the effect that the plat represents a
survey made by him or her and that monuments and markers shown thereon exist as located, and that
all dimensional and geodetic details are correct.
(C) Notarized certification by 0 -~~.abQ bYi~ge ho r OfrE-- -- II- -. ,of the
plat and the dedication of streets and her P1'iC _^:;'r;:l " ~dc_::
1 ~ <1:''''"
(D) With submission of the fin plat, t~ co ~es 0 e p ':ftta:lr_o g all addres correctly
labeled shall be supplied to the Adm. for seque ibutioh" .e utility com ies, local
school districts, and Fire and Police Departments.
~ 153.59 PROCEDURES FOR PLAT SUBMISSIONS.
(A) General. The preliminary plat of the proposed subdivision must be approved by the Council
before any person, firm or corporation proposing a subdivision shall proceed with any grading and
improvements for streets or installation of public utilities. The final plat of the proposed subdivision
must be approved by the Council and recorded in accordance with the provisions hereof before any
person, firm or corporation proposing a subdivision shall sell, agree to sell, transfer, lease or otherwise
convey any lot, parcel or tract in a subdivision, or construct or commence the construction of any
building in a subdivision.
53
'Uti/ii/V
,. . t
(B) Advisory meeting. A person or corporation desiring approval of a plat of a subdivision shall
appear before the Planning and Zoning Commission to discuss his or her proposal before filing an
application for preliminary plat approval. No fee or formal application is required for this meeting. Its
purpose is to save the subdivider time and money. The subdivider shall be prepared to discuss the
details of his or her proposed subdivision, including such items as the proposed use, existing features of
the area, existing covenants, land characteristics, availability of community facilities and utilities, size
of development, play areas or public areas, proposed protective covenants, proposed utilities and street
improvements. The Commission will answer any questions from the subdivider and suggest
professional advice.
(C) Preliminary plat.
(l) Application. After the advisory meeting, the subdivider shall submit an application for
approval of a preliminary plat to the Administrator. The application shall be accompanied by the
following:
(a) Fifteen copies of all maps and data set forth in these regulations; and
(b) A certified check or money order in an amount to cover the scheduled preliminary
fees.
(2) Action by the Administrator. The developer should submit plans to the Administrator ten
days before the meeting to provide adequate time for review. The Administrator shall send one copy of
each of the maps and data to the City Engineer, the City Planner and members of the Planning and
Zoning Commission for review.
(3) Action by Commission. The Planning and Zoning Commission shall review the
preliminary plat and shall set a public hearing on the preliminary plat, the time and place to be
published in the official newspape!r...;[_~ten e the of t .'/~ g the
hearing, the Com~~ssion s?all reco .....mend 12.,........'... r ~pp f the . r:li~~nary wit? ~y
changes and condItions as It may s . est ansh t It .... The mmISSlOn
shall determine whether the propos;!.-,- p.lat i~}<:on..th specified in is chapter
and with the comprehensive plan ofn-,; and opment will vance the
general welfare of the area and the city.
(4) Action by Council. Upon receipt of the recommendations of the Planning and Zoning
Commission, the Council shall consider the application and, after holding public hearings as it deems
desirable, shall approve or disapprove the application with changes of conditions, if any, as it may
deem appropriate. This may include the requirement for a development contract between the city and
the applicant; refusal of any of the changes or conditions shall constitute denial of the application by
the City Council. Failure of the applicant to notify the City Council of his or her acceptance or refusal
of the modifications to the preliminary plat constitute acceptance of these conditions. The City Council
shall approve or disapprove the plat within 120 days from the application by the subdivider unless the
city grants itself an automatic extension oftime or the time period is otherwise extended by agreement.
(D) Final plat.
54
I · .
(1) Within 180 days from receiving the last required approval of the preliminary plat by the
City Council, the developer shall submit an application for final approval to the Administrator, as set
forth in these regulations. The application shall be accompanied by:
(a) One copy of the plat which is to be recorded;
(b) Ten prints of the plat for city record;
( c) A certified check or money order in an amount to cover the final fees;
(d) A certificate that all improvements required by these regulations and all other
applicable city ordinances have been installed in strict accordance with the standards of construction of
the city; or a guarantee that the improvements will subsequently be installed by the owner, in the form
of a bond that will cover the cost of improvements as estimated by the City Engineer or Council.
Failure to provide this data within the 90-day period shall render null and void the approval of the
preliminary plat. An extension of this time period may be granted by the City Council on request of
the developer; and
(e) Final plat will not be approved until developer gets approval from Rice Creek
Watershed.
(2) Action by Administrator. The Administrator shall send one copy of each of the final data
to the City Attorney for review.
(3) Action by Council. Upon receipt of the reports of the City Engineer and City Attorney,
the Council shall consider approval of the final plat. Following approval by the Council, the Mayor or
other authorized person shall endorse the plat and the Administrator shall return it to the applicant. If
the final plat is not in substantial ...... ce~.i ..re~Ula' s antt'~"l'C"n&h' the
Administrato~ shall return t~e final P...! to the;.... Pl............. twit' an..a........ .' .......s...ta. t........ .ent identify.............. the areas
of noncomplIance. The CIty Coun shall pP" sap ~., p, '5iHfiin 60 s of staff
reports. .. . . I.k ,)..t,,,."\... .
,;"",'J-<' l
. .'... __'.,.-,!o-_~ t. . . ' .' c.l :,-,' ::
(4) Recording. The subdivider shall present a copy of the approved final plat to the Register
of Deeds of the County. Unless the plat is duly recorded within 60 days from the date of final plat
approval, the city approval ofthe plat is void.
(5) Noncompliance. In the event the final plat as submitted for final approval is returned for
noncompliance:
(a) The applicant may treat the notification as denial of final approval;
(b) The applicant may resubmit the plan so it does comply with the regulations and
conditions set forth; or
(c) The applicant may file a written request for a hearing before the Council, unless he or
55
'Utl/ti/U
she has previously been heard by the Council.
ADMINISTRATION AND ENFORCEMENT
~ 153.70 GENERAL.
(A) Administrator. The Administrator shaH serve as the administrator who shall be responsible
for the administration of this chapter and shall:
(1) Administer the provisions of this chapter in accordance with its literal terms and
regulations;
(2) Collect the fees as established by resolution of the City Council;
(3) Maintain permanent and current records pertaining to this chapter, including but not
limited to maps, amendments, appeals and applications therefor; and
(4) Receive, file and forward petitions for appeals, amendments or other action to the
appropriate official bodies.
(B) Public hearing. Before acting on any subdivision plan, variance, the Planning and Zoning
Commission shall arrange for a public hearing thereon, after giving notice of the time and place in the
official newspaper ofthe city at least ten days prior to the day of the hearing.
(C) Variances. The Council may grant a variance upon receiving a report from the Planning and
w t>~ . tional
o ~ther physic .' nditions,
h" Appli tion for a
plat is fi d with the
entered in th 'minutes of
(D) Inspection. When the plans of streets and other improvements have been approved as
provided in this chapter, the subdivider shall first notifY the Administrator of his or her intention to
proceed with the construction or installation of the streets and improvements. Notification shall be
made at least 24 hours before any construction or installation shall commence, so as to give the city
officials an opportunity to inspect the site prior to commencement of work and to inspect installation or
construction of the streets and improvements during the course of work being performed. In order to
defray a part of the costs incurred by the city in inspecting the installation of improvements required by
this chapter, the subdivider shall, before he or she proceeds with any construction or installation,
present a certified check or money order made payable to the city in an amount equal to three percent
of the City Engineer's estimate ofthe cost of the improvements.
56
. . .
Deleted: or
,
.)
( . 1 .
(E) Maintenance bond. After the utilities and streets are approved, the developer shall furnish the
city with a 2-year maintenance bond equal to 25 percent of the construction costs. During the 2-year
maintenance bond period, the city will perform routine maintenance. Any unusual problems shall be
corrected by the developer. After two years, the City Engineer will inspect the utilities and streets. If
everything is acceptable, the city will accept full responsibility from that point on.
(F) Building permits. No building permit shall be issued for the construction of any building,
structure or improvements to the land or any lot within a subdivision, as defined herein, which has been
approved for platting, until all requirements of this chapter and all provisions for street construction
and land improvement have been complied with in full. Furthermore, no building permit will be issued
for the construction of any building structure on any lot within the city which does not abut on a
publicly dedicated and maintained street.
~ 153.71 AMENDMENTS.
(A) In general. This chapter may be amended by following the procedure specified in this section.
(B) Initiation. An amendment may be initiated by the City Council, the Planning and Zoning
Commission or by the petition of a resident to the City Council. An amendment not initiated by the
Planning and Zoning Commission shall be referred to the Commission for study and report, and the
Council shall not act on the amendment until it has received the recommendation of the Planning
Commission or until 60 days have elapsed from the date of reference of the amendment without a
report by the Commission.
(C) Action by Commission. Before any amendment is adopted, the Planning and Zoning
Commission shall hold at least one public hearing thereon after a notice of the hearing has been
published in the official newspaper at least ten days before the hearing. Following the hearing, the
Planning and Zoning Commission s~'" ...~ a~'~ ~ 'df.its find and~. . ".'lltei t has
been initiated by t~e Commiss!o?, a.... C. o.m.~".i.S. Si.... det~nii. ...... n. es ............... ..........r.e. co ...m. end,jt to th..; Council.. it
shall file a copy with the Admmlstra r wlthl .14 ~('ttie m,mat w ..date olhe hearmg
was concluded. When the amendme .t to the. 0 issiO\, Fa' , . Cd ~ ning Com 'ssion so to
report on an amendment not initia . "Y'it, is ;emed \0 , approVt,t.. . the Commi 'on of the
amendment.
(D) Council action. Upon the filing of the report, or upon the failure of the Planning Commission
to file a report within the time prescribed by this section on an amendment proposed by petition or by
the Council, the City Council shall hold public hearings as it deems advisable. After the conclusion of
the hearings, if any, the Council shall act upon the request within 45 days to adopt the amendment or
any part thereof in any form as it deems advisable.
(E) Fee. Any person filing a petition requesting an amendment to this chapter shall pay a fee
according to the schedule established by the City Council. The fee is payable at the time of filing and
is not refundable.
57
'Ulj/fj/U
~ 153.72 APPEALS.
The City Council shall have the power and duty of hearing and deciding appeals where it is alleged
that there is an error in any order, requirement, decision or detennination made in the administration or
enforcement of this chapter.
(A) Procedure. An appeal for administrative review may be taken to the Council by any person,
finn or corporation or any city officer, department or agency affected by an adverse decision in the
administration or enforcement of this chapter. An appeal shall be taken by filing a notice of appeal
specifying the grounds thereof with the Administrator and the Council within 30 days after the
decision. If the appeal is not taken by the owner of the property which is the subject matter of the
decision appealed from, the notice shall not be so filed until after it has been served upon the owner
either in person or by mail. The Administrator shall forthwith transmit to the Council all papers
constituting the record upon which the action appealed from was taken. An appeal for an
administrative review stays all proceedings, in furtherance of the action appealed from unless the
Administrator certifies to the Council that, by reason of facts stated in the certificate, a stay would in
his or her opinion cause imminent peril to life or property. In that case, the proceedings shall not be
stayed otherwise than by a restraining order granted by a court of competent jurisdiction. The Council
shall at its regular meeting after the filing of an appeal to it from a decision set a date for hearing
thereon, which shall be not later than 60 days after the meeting. After hearing the oral or written views
of all interested persons, the Council shall make its decision at the same meeting or at a specified future
meeting thereof. The decision of the Council may be appealed to the County District Court.
(B) Fees. There shall be no fee charged for appeals.
~ 153.99 PENAL TV.
Any person violating any
58
. -,. ,
Formatted: Tabs: 0", Left + 0.3",
i Left + 0.6", Left + 0.9", Left +
1.2", Left + 1.5", Left + 1.8", Left +
2.1", Left + 2.4", Left + 2.7", Left ,
+ 3", Left + 3.3", Left + 3.6", Left
+ 3.9", Left + 4.2", Left + 4.8",
Left + 5.1", Left + 5.4", Left +
5.7", Left + 6.3", Left + 6.6", Left +
6.9", Left + Not at 3.46" + 3.5" +
4" + 5" + 5.5" + 6.5"
Deleted: 1
,
"
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
June 3, 2008
Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regularly
scheduled meeting on June 3, 2008, at 6:30 p.m.
PRESENT: Chair Brian Hanson
Commissioner D. Love
Commissioner Ben Fehrenbacher
Commissioner Darrin Mosher
Commissioner Mark Pangell
Commissioner Roland Parucci
Commissioner Thomas Wood
ABSENT: None
COUNCIL: Mayor Capra, Council Member Broussard.Vickers, Council Member Lee
STAFF:
City Administrator Dallas Larson
I. CALL TO ORDER
Chair Hanson called the meeting to order at 6:30 p.m.
1. Roll Call
II. APPEARANCES/PRESENT A TION(S)
None
III. PUBLIC HEARING(S)
None
IV. OLD BUSINESS
None
V. NEW BUSINESS
None
VI. DISCUSSION ITEMS
Page 1 of3
(
City of Centerville
Planning and Zoning Commission
June 3, 2008
1. Code Amendments - Chapter 154
The Planning Commission and members of the City Council reviewed the draft of Chapter
154 of the Zoning Code.
City Administrator Larson displayed aerial photos of several neighborhoods. Using
several comer lots as examples, members of the Planning Commission and City Council
discussed the criteria for fences.
Discussion ensued.
Council Member Lee stated that fences for a standard lot should be defined and those lots
that are not standard, should be considered on an individual basis.
Consensus reached that a definition of side yards should be added as the rule on side yard
fences is unclear as currently written. The recommended wording would include "the front
yard extends to the rear corner of the structurelfoundation." City Administrator Larson
will draft the wording for approval and include sketches for clarification.
City Administrator Larson stated that current fences would be grandfathered in if legally
constructed.
Discussion ensued.
City Administrator Larson stated that the draft would be presented to the Planning
Commission for one last review. He stated that the next step is to schedule a public
hearing for August 2008.
Council Member Broussard-Vickers pointed out that zoning changes would be required to
match the new Comprehensive Plan.
VII. CONSIDERATION OF MINUTES
1. May 6. 2008 Planning and Zoning Meeting Minutes
Motion by Commissioner Fehrenbacher. seconded by Commissioner Love. to
aDDrove the Minutes of May 6. 2008 as Dresented. Motion carried 5/0/2
(Commissioners Hanson and Wood abstained due to absence from meetine:).
Chair Hanson stated he is stepping down from the Planning Commission in September
2008. He indicated additional work requirements compel him to make this decision.
VIII. ADJOURNMENT
Page 2 of3
I
I .
City of Centerville
Planning and Zoning Commission
June 3, 2008
Motion by Commissioner Wood. seconded by Commissioner Fehrenbacher. to
adiourn the June 3.2007 Plan nine: and Zonine: Commission Meetine: at 7:52 D.m. All
in favor. Motion carried unanimously.
Transcribed by:
Dianna Wise, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 3 of3
L
~~ Metropolitan Council
AA
June 4, 2008
RECEIVEo-'--
JUN C 6 Z008
Brendon Slotterback
Bonestroo & Associates
2335 Highway 36 West
St. Paul, MN 55113
CENTERVILLE, MN
RE: Informal Review of the Centerville's Draft 2008 Comprehensive Plan Update
Dear Mr. Slotterback:
Metropolitan Council staff informally reviewed the April 2008 draft of the City ofCenterville's 2030
Comprehensive Plan (Update), received on Apri124, 2008. In the informal review, staff focused on
whether the draft Update appeared to be complete and to identify any major system issues or policy
conflicts. Time did not permit as thorough a review of all sections of the plan as will occur when the
Update is officially submitted for Council review. Staff offers the following informal review comments. If
you have questions about the staff comments, please contact the individual reviewers as identified.
The informal review process found the following sections complete for review and did not identify any
system issues or policy conflicts: Aviation.
Aviation (Chauncey Case, 651-602-1724)
The draft Update is complete for review and includes an aviation element that is consistent with the
aviation system plan.
The following sections of the draft Update are considered complete, but staff has identified issues that
may require changes. Staff offers the following advisory comments with the sections listed in alphabetical
order.
Aggregate Resources Protection (Lisa Barajas, 651-602-1895)
Aggregate resources have not been identified in the City of Centerville. The Update should
acknowledge that the city does not contain regionally significant aggregate resources.
Forecasts (Todd Graham, 651-602-1322)
The draft Update is complete for review, but will need minor revisions to correct internal
inconsistencies. Sewer-serviced forecasts appear several times in the document: Table 16 (page 32),
Table 20 (page 57), Table 22 (page 65), and Table 28 (page 88). The forecasts in these tables should
be revised to the numbers discussed on February 26, 2008, and contained in the Council letter dated
March 11,2008. The revised forecast numbers are also included in the accompanying table, for your
convemence.
2000 2010 2020 2030
Population 3202 3730 4860 6200
Households 1077 1350 1900 2450
Employment 363 600 1000 1210
www.metrocouncil.org
390 Robert Street North · St. Paul. MN 55101-1805 · (651) 602-1000 · Fax (651) 602-1550 · TIY (651) 291-0904
An Equal Opportunity Employer
Brendon Slotterback
June 4, 2008
Page 2
Other than these revisions, the document appears complete and consistent with the forecasts that
Council staff has discussed with the City's consultant. The forecasts in Tables 1 (Population), 3
(Households), and 6 (Employment) are revisions from the System Statement forecasts and have been
discussed when Council staff met with the City's consultants on February 26, 2008. Council staff will
recommend that these forecasts be adopted with Metropolitan Council action on the City's
Comprehensive Plan Update.
Land Use (Lisa Barajas, 651-602-1895)
The Land Use section of the draft Update is complete for review, but the staff offers some advisory
comments to clarify the Update. The 2030 Regional Development Framework (RDF) designates the
Centerville as Developing, which calls for a focus on accommodating growth, supporting centers
along corridors, encouraging connected land use patterns for new development, and encouraging the
development of communities where shopping, jobs, and a variety of housing choices co-exist by
design. The RDF sets an overall density minimum of 3 to 5 units per acre, with higher densities in
locations with convenient access to transportation corridors and with adequate sewer capacity.
The draft Update describes the average or minimum densities for each residential land use
designation, but it should also describe the residential density range (minimum and maximum) for all
districts containing residential uses. The Update should include the minimum and maximum
allowable densities in their calculations in order to better assess the community's ability to
accommodate growth. The City's land use goals otherwise appear to be consistent with the Council's
goals for a Developing community.
Parks (Jan Youngquist, 651-602-1029)
The draft Update appears complete for review purposes and conforms to the Metropolitan Council's
2030 Regional Parks Policy Plan. Council staff suggests the following minor revisions to enhance the
clarity of the Update:
Page 19
. The Update states that the Council requires that all regional parks have 80% of their land
preserved in a natural state. This statement is true for park reserves, but not for regional parks.
The word "parks" should be replaced with "park reserves" in the above statement.
. The references to "Rice Creek Chain of Lakes Regional Park" should be changed to "Rice Creek
Chain of Lakes Park Reserve" (also on page 25).
Page 76
. The Update states that Rice Creek Chain of Lakes Park Reserve has an overall land area of 2,500
acres, but the park reserve actually consists of more than 4,400 acres. The acreage should be
revised in the Update.
. There is a reference to the "Chain of Lakes Regional Park" in the Local BicycleIPedestrian Trails
section. Since the regional parks system has the Minneapolis Chain of Lakes Regional Park and
the Rice Creek Chain of Lakes Park Reserve, the reference should be changed to "Rice Creek
Chain of Lakes Park Reserve" to avoid confusion.
Plan Implementation (Lisa Barajas, 651-602-1895)
The draft Update contains the required elements for the Plan Implementation requirements of the
Metropolitan Land Planning Act. The draft Update does include the City's Official Zoning Map, but
the draft Update also needs to include a brief description of the zoning districts, including allowable
densities, intensity of use, and lot sizes. The draft Update provides specific changes to these official
controls to implement the comprehensive plan.
Brendon Slotterback
June 4, 2008
Page 3
The Update describes the City's plan for regular updating of the capital improvements plan. Table 32,
the Anticipated Capital Improvements does not contain any recreation-related expenditures, which
may be due to the fact that necessary trail right-of-way has not yet been entirely acquired or
dedicated. If there are any planned trails, parks, or similar features, these expenses should be included
in the CIP. Also, the City should consider including a time frame for the Water Treatment Facility
listed in the table. The table currently contains question marks under the time line heading.
Sewers (Roger Janzig, 651-602-1119)
To be complete for review, the Update needs to include sewered forecasts for 2015 and 2025
households and employment (Table 28 on page 88). However, if the City finds that their projections
for these years are merely midpoint between the 2010, 2020, and 2030 projections, it would be
sufficient to have that fact stated in the text instead of listing actual numbers in the table. Please
ensure that any changes are consistent throughout the Update. Staff also recommends that Figure 18,
the Sanitary Sewer Map, be reviewed to ensure that all portions of the map are legible.
Transit (Scott Thompson, 612-349-7774)
The Update appears complete for review for transit. The Update needs to include information
regarding the proposed new Metro Transit park and ride lot to be located in the northwest comer of
the intersection of County Road 14 and I-35E. The proposed new park and ride lot would likely be
served by Route 275 and a new route proposed as part of the Rush Line bus service plan. This
information should be described as being proposed.
Transportation (Ann Braden, 651-602-1705)
The draft Update appears to be complete for review. However, the Update incorrectly labels CSAH
14 as an "A Minor Arterial Expander Collector." The label should be changed to "A Minor Arterial
Expander" both in the text and on Figure 13 Transportation Plan Functional Classification.
The following sections of the draft Update are considered incomplete. Changes in the draft Update are
needed before the Update is submitted to the Council for formal review.
Environment (Jim Larsen, 651-602-1159)
One minor addition will render the draft Update complete in addressing the City's Individual Sewage
Treatment System (ISTS) program. The draft Update completely addresses the local water
management plan element, but Council staff directs the City's attention to the two issues presented in
the surface water management section below.
Individual Sewage Treatment System (ISTS) Program
The draft Update indicates that there are "less than two dozen" ISTS in operation within the City. The
Update further indicates that the City Code requires all new developments to utilize city sewer and
water utilities, and that the City plans to phase out all existing ISTS facilities through connection to
city services by 2013. In the interim, the City employs Anoka County's services for ISTS inspections
and necessary upgrades, in accordance with MPCA Chapter 7080 Rules.
To render the formal plan Update complete for review, staffrequests that the City clarify what the
Council's ISTS maintenance management system entails, including how it ensures that all remaining
ISTS in the City are pumped at least once each three years in accordance with MPCA requirements.
Surface Water Management
The City lies entirely within the Rice Creek Watershed. The Rice Creek Watershed District's
Brendon Slotterback
June 4, 2008
Page 4
watershed plan was approved by the Board of Water and Soil Resources (BWSR) in 1997. The draft
Update references the City's 2004 Local Water Management Plan for this element of the Update.
Council staffreviewed and commented on the City's LWMP in 2001 and again in 2004. Several
issues from the 2004 letter remain unaddressed and need to be addressed as part of the formal
submission of the 2008 Comprehensive Plan Update, including:
1. Providing the Council with a copy ofthe City's erosion and sediment control ordinance once
adopted.
2. The need for a wetland functions and value assessment of all wetlands within the City.
The City should be advised that the Rice Creek Watershed District is in the process of updating their
watershed plan. The watershed should have a new plan in 2009. After the new watershed plan is
approved by BWSR, the City will be required to update its L WMP within two years of the date of
approval of the watershed plan. This Update should include the new information included in the
City's comprehensive plan update to meet the Council's requirements in the 2005 Water Resources
Management Policy Plan.
Housing (Linda Milashius, 651-602-1541)
The plan appropriately acknowledges the City's shore ofthe regional affordable housing need (170
units) and provides the implementation tools and programs that it will use to address that need. The
land use section provides information about vacant developable land and coordinating densities
through 2030; however, this information should be broken out for the 2011 to 2020 time period to
determine if the City has designated sufficient land within that decade to provide the opportunities for
those 170 affordable housing units to be developed.
Historic Preservation (Lisa Barajas, 651-602-1895)
The Metropolitan Land Planning Act (Minn. Stat. 473.859, Subd. 2rbl) requires that local land use
plans contain a historic preservation element. The draft Update does not contain an historic
preservation element. See the referenced statute for requirements regarding Historic Preservation.
Council staff can provide samples of how other communities have addressed this element in their
comprehensive plans.
Solar Access Protection (Lisa Barajas, 651-602-1895)
The Metropolitan Land Planning Act (Minn. Stat. 473.859, Subd. 2) requires that local
comprehensive plans contain an element for protection and development of access to direct sunlight
for solar energy systems. The draft Update does not address this requirement. Council staff can
provide samples of how other communities have addressed this element in their comprehensive plans.
Water Supply (Sara Bertelsen, 651-602-1035)
The draft Update is incomplete. The Council requires communities to use the water supply template
in as their water supply plan. In the draft Update, the City discusses water supply, but the Update does
not appear to have completed the water supply template as required. This template can be found
online at:
http://www.metrocouncil.org/environment/WaterSupplv/municipalwatersupplyplans.htm#plantem
plates.
Brendon Slotterback
June 4, 2008
Page 5
In summary, the submitted draft Update has missing items and may require revision. If you have any
questions or need further information, please contact Lisa Barajas, Sector Representative, at 651-602-
1895.
Phyll' anson, Manager
lanning Assistance
'vI
CC: Dallas Larson, Centerville City Administrator
Georgeanne Hilker, Metropolitan Council District 11
Lisa Barajas, Sector Representative
Cheryl Olson, Referrals Coordinator
N: \ CommDevlLPA I CommllnilieslCenlervillelLellerslCenlerville 2008 CPU Informal Review May2008.doc
L
RECEIVED
MAY 06 Luoa
CENTERVILLE, MN
May 1, 2008
Dallas Larson
City Administrator
City of Centerville
1880 Main Street
Centerville, :MN 55038
re: Centerville Draft Comprehensive Plan
Ms. Peterson:
Thank you for the opportunity to review the Centerville Draft Comprehensive Plan. According
to the preference expressed in your letter, we are submitting comments via e-mail to your
consultant, Brendan Slotterback.
· On page 7 in the Background chapter, the first paragraph states that Main St. gives access to
35W. Main St. accesses 35E. In addition, I believe Main St. is referred to as Main Avenue
on page 19.
. On page 39, there is a discussion of the CSAH 14 reconstruction. Please revisit the
description regarding 20th Ave. and 21 st Ave. in the second and third paragraphs. The new
20th Ave. intersection will be a full, signalized intersection. The 21 st Ave. intersection will be
the one with limited movements.
· Page 56 in the Land Use chapter is the 2030 Future Land Use Plan. In the southeast comer
of the City, just west of 35E, there is an area designated as Public/Semi- Public. A concrete
plant was constructed on this site. I believe the City sold it to a private party. I believe this
site should be designated Industrial. I don't know how this will affect land use calculations
elsewhere in the document.
. On page 77, in the Parks and Trails chapter, the bullet point refers to a trail: Clearwater
Creek, from Peltier Lake to the western boundary of the City. I believe this should read the
eastern boundary.
· The Transportation chapter inchides a policy' to "coordinate transportation planning and
system\mprovements with siuTounding communities as well as Anoka County ahdthe '
Minnesota Department of Transportation" (page 80). Page 81 includes the statement that
"City policies guide land use to be compatible with both existing natural resources as well as
local and regional transportation facilities." We support and encourage cooperation between
600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182
Phone: 651-982-2400 · Fax: 651-982-2499
"
/
ORDINANCE AS ADOPTED 10109/06
ORDINANCE NO. 2006-
AN ORDINANCE ESTABLISHING NEW ELECTRONIC MESSAGE BOARD, VEHICLE SIGN, VIDEO DISPLAY
SIGN, AND TIME AND TEMPERATURE SIGN STANDARDS THEREBY AMENDING CHAPTERS 14 AND 19
OF THE CITY CODE
The City Council of the City of Bloomington, Minnesota ordains:
Section 1. That Chapter 14 of the City Code is hereby amended by deleting those words that are
contained in brackets [] and adding those words that are underlined, to read as follows:
-*
CHAPTER 14
LICENSES AND PERMITS
-*
ARTICLE IV. BUSINESS LICENSES AND REGULATIONS
-*
SEC. 14.153. STANDARDS FOR LOCATION AND OPERATION.
***
(c) Installation and Maintenance.
***
(6) Location of Advertising. No advertising shall be displayed on any courtesy bench except upon the
front and rear surfaces of the backrest. Newspaper racks shall display no advertising except a logo
or other identification of the newspaper being dispensed on the front of the newspaper rack. No
courtesy bench or newspaper rack advertising shall display the words, .Stop", "Look", "Danger" or any
other word, phrase or symbol that might interfere with, or distract traffic. Courtesy benches and
newspaper racks are not subiect to the reauirements of Sections 19.100 - 19.127 of this City Code.
***
Section 2. That Chapter 19 of the City Code is hereby amended by deleting those words that are
contained in brackets [ ] and adding those words that are underlined, to read as follows:
***
CHAPTER 19
ZONING
***
ARTICLE X. SIGN REGULATIONS
***
Division A. Purpose and Application
Page 1
f
ORDINANCE AS ADOPTED 10/09/06 '.
***
SEC. 19.100. FINDINGS. [STATEMENT OF] PURPOSE AND INTENT.
The City Council finds it necessary for the promotion and preservation of the public health. safety. welfare
and aesthetics of the community that the construction. location. size. conspicuity. briahtness. legibility. operational
characteristics and maintenance of sians be controlled. Sians have a direct and substantial impact on traffic
safety. pedestrian safety. community aesthetics and property values. The City Council recoanizes that a areal
percentaae of sians that are bliahted. unattractive. or provide an unsafe distraction to motorists can be corrected
by sensible Quality control through adequate maintenance. insoection and ooerational auidelines. The City Council
also recognizes that signs provide a guide to the physical environment and. as such. serve an important function to
the community and economy. With respect to electronic sions. including video display sians. the City Council finds
that they are hiahly visible from lona distances and at very wide viewina anales both day and niaht and are
desianed to catch the eye of oersons in their vicinity and hold it for extended periods of time. If left uncontrolled.
electronic sians. includina video display sions. constitute a serious traffic safety threat. Studies conducted by the
Federal Hiahway Administration (FHWA). Research Review of Potential Safety Effects of Electronic Billboards on
Driver Attention and Distraction. Sept. 11. 2001 and The Role of Driver Inattention in Crashes: New Statistics from
1995: the University of North Carolina Hiahway Safety Research Center. Distractions in Everydav Drivino. Mav
2003 and The Role of Driver Distraction in Traffic Crashes. Mav 2001: the Wisconsin Deoartment of
Transportation. Synthesis Report of Electronic Billboards and Hiohwav Safety. June 10.2003: the Municipal
Research and Services Center of Washinaton. Sian Control Provisions. Jan. 2006: and the Veridan Group. Video
Sians in Seattle. Gerald Wachtel. Mav 2001. reveal that electronic sians are hiahly distractino to drivers and that
driver distraction continues to be a sianificant underlvina cause of traffic accidents.
The City Council intends bv [establishes] this Article of the City Code to establish a [as-tAe] legal framework
for sign regulation in the City. The regulations promulgated in this Article are intended to facilitate an easy and
agreeable communication between people while protectino and promotino the public health. safetv. welfare and
aesthetics of the communitv. It is not the purpose or intent of this Article of the City Code to prefer or favor
commercial messaaes or speech over non-commercial messaaes or speech or to discriminate between types of
non-commercial speech or the viewpoints represented therein. [The City Ceuncil r-eesgnizcs that signs pre'fide a
guide to tho physical onvir-onment and, as such, serve an important HmctioA to the community and economy. The
City Council also r-eoogniz-es that a great percentage of signs that are blighted and unattmctive can be eliminated
by sensible ql:.lality control, through adequate maintenance and insf'lectioR, and by rea80na~le guidelines
formulated to minimize sign clutter and blight.]
***
SEC. 19.101. APPLICATION OF REGULATIONS AND SUBSTITUTION CLAUSE.
This Article shall apply to the location, erection, and maintenance of signs in all zoning districts within the
City of Bloomington, Minnesota. The owner of any sian which is otherwise allowed by this Article of City Code may
substitute non-commercial cOPV or messaoe in lieu of any other commercial or non-commercial sian cOPV or
messaqe without any additional approval or permittinQ subiect to the operational standards set forth herein. The
purpose of this provision is to prevent any inadvertent favorina of commercial speech or messaQe over non-
commercial speech or messaoe. This provision prevails over any more specific provision to the contrarv.
Division B. Construction of Language and Definitions
***
SEC. 19.104. DEFINITIONS.
The following words and terms when used in this Article shall have the following meanings unless the
context clearly indicates otherwise:
***
Changeable copy sign - a sign or portion thereof which has a readerboard for the display of text
information in which each alphanumeric character. Qraphic or svmbol is defined bv obiects. not consistinQ of an
Page 2
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ORDINANCE AS ADOPTED 10/09/06
illumination device and mav be chanaed or re-arranaed manuallv or mechanically with characters, letters, or
illustrations that can be changed or rearranged without altering the face or the surface of the sign.
Chanaeable CODY sian. electronic - a sian or portion thereof that disolays electronic. non-pictorial. text
information in which each alphanumeric character. araphic. or symbol is defined by a small number of matrix
elements usina different combinations of Iiaht emitting diodes (LED's). fiber optics. liaht bulbs or other illumination
devices within the display area. Electronic chanaeable copy sians include computer proarammable.
microprocessor controlled electronic displavs. Electronic chanaeable COpy sians do not include official or time and
temperature sians. Electronic chanaeable COpy sians include proiected imaaes or messaaes with these
characteristics onto buildinas or other obiects.
-*
Electronic araDhic disDlay sian - a sian or portion thereof that disolays electronic. static imaaes. static
araphics or static pictures. with or without text information. defined bY a small number of matrix elements using
different combinations of Iiaht emittina diodes (LED's). fiber optics. liaht bulbs or other illumination devices within
the displav area where the message chanae seauence is accomplished immediately or by means of fade. ra-
pixalization or dissolve modes. Electronic araohic disolay sians include comouter proarammable. microorocessor
controlled electronic or digital displavs. Electronic araphic displav sians include proiected imaaes or messaaes
with these characteristics onto buildinas or other obiects.
-*
Flashing sign - a directly or indirectly illuminated sign or portion thereof [wAiGR] that exhibits changing light
or color effect by any means, so as to provide intermittent illumination [wAiGR] that chanaes liaht intensity in sudden
transitory bursts and [includes] creates the illusion of intermittent flashing light by [means of anim:ltion.] streamina.
araphic bursts showina movement. or [Al89] any mode of lighting which resembles zooming, twinkling or sparkling.
-
Multi-vision sian - any sian composed in whole or in part of a series of vertical or horizontal slats or
cylinders that are capable of being rotated at intervals so that oartial rotation of the croup of slats or cylinders
produces a different imaae and when properly functionina allows on a sinale sian structure the display at any aiven
time one of two or more imaaes.
-*
Official signs and notices - signs and notices erected and maintained by public officers or public agencies
within their territorial jurisdiction and pursuant to and in accordance with direction or authorization contained in
federal, state, or local law for the purposes of carrying out an official duty or responsibility. Historical markers
authorized by state law and erected by state or local goyernmental agencies or nonprofit historical societies and
star city signs erected under Section 173.085 may be considered official signs.
Off-premises sian - a sian that is located on property that is not the premises. property or site of the use
identified or advertised in the sian.
On-Dremises sian - a sian that is located on property that is the oremises. orooertv or site of the use
identified or advertised in the sian.
-*
Pyrotechnics - fireworks or similar devices used to ianite a combustible substance or produce an
explosion.
-*
Rotating sign - a sign or portion of a sign which in any phvsical part or in total tums about on an axis~
rotates. reyolves or is otherwise in motion. includina without limitation a multi-vision sian.
-*
Time and temDerature sian - any sian which displavs exclUSively current time and temperature
information.
-*
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ORDINANCE AS ADOPTED 10/09/06
Vehicle sian - any sian exceedina ten sauare feet in area mounted. painted. placed on. attached or affixed
to a trailer. watercraft. truck. automobile or other form of motor vehicle so parked or placed so that the sian thereon
is discernable from a public street or riaht-of-way as a means of communication and which bY its location. size.
and manner of display is reasonably calculated to exhibit commercial advertisina identifvina an on-site business or
sUPplyina directional information to an off-site business. A vehicle sian may be defined as a vehicle that functions
primarily as a sian rather than as a transoortation device. as determined by consideration of any combination of
the followinQ factors:
(A) The absence of a current. lawful license plate affixed to the vehicle on which the sian is displayed:
(8) The vehicle on which the sign is displayed is inoperable as defined by this City Code:
(C) The vehicle on which the siQn is displayed is not parked in a lawful or authorized location or is on blocks or
other supports or is parked in a manner that is not in conformity with the identified parkina space on the lot:
(D) The vehicle on which the sian is displayed is not reaularly used for transportation associated with the use it
advertises:
(E) The vehicle remains parked on the premises after normal business hours when customers and employees
are not normally present on the premises: or
(F) The vehicle remains parked in the same vicinity on the property in a location which maximizes its visibility
from the public street or riaht of way on a reaular basis.
-*
Video disDlay sian - a sian that chanaes its messaae or backaround in a manner or method of displav
characterized by motion or pictorial imaaerv. which mayor may not include text and depicts action or a special
effect to imitate movement. the presentation of pictorials or araphics displaved in a oroaression of frames which
aive the illusion of motion. includina but not limited to the illusion of movina obiects. movina patterns or bands of
Iiaht. or expandina or contractinQ shapes. not includina electronic chanoeable COpy sians. Video display sians
include proiected imaaes or messaaes with these characteristics onto buildinos or other obiects.
-*
*-
Division C. General Regulations
SEC. 19.106. SIGNS PROHIBITED IN ALL DISTRICTS.
***
(b) Prohibited Signs.
*-
***
(10)
(11 )
(12)
(13)
(14)
(15)
(6) Flashing Signs Prohibited. Flashing signs [sh311 be] not fallina under the definition of video display
sians are prohibited.
Vehicle Sians Prohibited. Vehicle sians are prohibited.
Video DlsDlay Sians Prohibited. Video display sians are allowed onlY as provided in Section
19.108 (h) (5) ofthis City Code.
Electronic Chanaeable CODY Sians Prohibited. Electronic chanaeable COpy sians are allowed onlv
as provided in Section 19.108 (h) (4) of this City Code.
Electronic GraDhic DisDlay Sians Prohibited. Electronic araphic display sians are allowed only as
provided in Section 19.108 (h) (6) ofthis City Code.
Sians with Fluctuatina Illumination Prohibited. Any type of sian that fluctuates in Iiaht intensity or
uses intermittent. strobe or movina liaht or liahts that does not fall under the definition of video display
sians. electronic chanaeable COpy sians or electronic araphic display sians is prohibited.
Multi-vision Sians Prohibited. Multi-vision sians are allowed only as provided in Section 19.108 (h)
(7) of this City Code.
Page 4
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ORDINANCE AS ADOPTED 10109/06
***
SEC. 19.108. GENERAL PROVISIONS, INCLUDING BASIC DESIGN ELEMENTS.
(a) Consent of Property Owner.
(1) No oerson shall construct. erect. olace. use or oermit the use of any [Ne] permanent sign or sign
structure [shall be placed] on private or public property without the express written consent of the
property owner or his! her representative.
(2) No oerson shall construct. erect. olace. use or oermit the use of any [Ne] temporary sign or sign
structure [shall be plaoed] on private or public property without the express written consent of the
property owner or his/ her representative.
-*
(h) Basic Design Elements for Specific [IdeRtifiGati9R] Signs.
***
(4) Electronic Chanaeable CODY Sian. Electronic chanaeable COOy sians must meet the followina
standards. When attached to walls. electronic chanoeable COOy sions are classified as cabinet sians.
fA) Location. The sian must be located on the site of the use identified or advertised by the sign:
(B) District Limitations. The sian must not be located in a Conservation or Bluff Overlay (BP-1. BP-
2) district:
(C) Setback from residential. The leadina edoe of the sian must be a minimum distance of 100
feet from an abuttina residential district boundary:
(0) Setback from other electronic chanoeable COOY. electronic graohic disolay or video disolay
sians. Electronic chanaeable cooy signs must be seoarated from other electronic chanaeable
COOy sians. electronic oraohic disolay sions or video disolav sians bv at least 35 feet:
(E) Orientation. When located within 150 feet of a residentially-used lot in a residential zone. all
oarts of the electronic chanaeable CODY sian must be oriented so that no oortion of the sian
face is visible from an existing or oermitted orincioal structure on that lot:
(F) Duration. In non-residential districts (B-1. B-2. B-3. B-4. C-1. C-2. C-3. C-4. C-5. CR-1. CB.
CS-0.5. CS-1. CO-0.5. CO-1. CO-2. CX-2. HX-R. HX-2. 1-1.1-2. 1-3. IP. FD-1. FD-2) any oortion
of the messaae must have a minimum duration of eiaht seconds and must be a static disolav.
In residential districts (R-1. R-1A. RS-1. R-4. RM-12. RM-24. RM-50. RO-24. RO-50) any
oortion of the messaae must have a minimum duration of one hour and must be a static
disolay. In all districts. no portion of the messaae may flash. scroll. twirl. chanae color. fade in
or out or in any manner imitate movement:
(G) Color. In residential districts (R-1. R-1A. RS-1. R-4. RM-12. RM-24. RM-50. RO-24. RO-50)
any portion of the messaQe must use an amber color:
(H) Limited Text. The text of the sign must be limited to ten words to allow passina motorists to
read the entire COOy with minimal distraction: and
(I) Audio or oyrotechnics. Audio soeakers or any form of ovrotechnics are Drohibited in
association with an electronic chanaeable CODY sian.
(5) Video DisDlav Sian. Video disolay sians must meet the followina standards. When attached to
walls. video disolay sians are classified as cabinet sians.
(A) Location. The sian must be located on the site of the use identified or advertised bY the sian:
(B) District Limitations. The sian must not be located in a Residential (R-1. R-1 A. RS-1. R-4. RM-
12. RM-24. RM-50. RO-24. RO-50)' Conservation. or Bluff Overlay (BP-1. BP-2) district:
(C) Setback from residential. The leadina edqe of the sign must be a minimum distance of 100
feet from an abuttina residential district boundarv:
(0) Setback from other electronic araohic disolav. electronic chanaeable copy or video disolav
sians. Video disolav sians must be seoarated from other electronic araDhic disolay. electronic
chanaeable COOy sions or video disolay sians by at least 35 feet:
(E) Orientation. In all districts the video disolay sian must be oriented so that no Dortion of the sian
face is visible from an existina or oermitted orincioal structure on any residential lot: from any
Page 5
ORDINANCE AS ADOPTED 10/09/06
traveled hiahwav. street. drivewav or internal access wav: from any park: or from a
conservation or bluff district:
(F) Briahtness. The sian must not exceed a maximum illumination of 5000 nits (candelas oer
sauare meter) durina davliaht hours and a maximum illumination of 500 nits (candelas per
sauare meter) between dusk to dawn as measured from the sian's face at maximum
briahtness:
(G) Dimmer control. Video displav sians must have an automatic dimmer control to produce a
distinct illumination chanae from a hiaher illumination level to a lower Jevel for the time period
between one half-hour before sunset and one half-hour after sunrise: and
(H) Audio or pvrotechnics. Audio speakers or anv form of pvrotechnics are prohibited in
association with a video display sign.
(6) Electronic Graohic Disolay Sian. Electronic araphic displav sians must meet the followina
standards. When attached to walls. electronic araphic display sians are classified as cabinet signs.
(A) Location. The sion must be located on the site of the use identified or advertised bv the sian:
(B) District Limitations. The sian must not be located in a Conservation. Bluff Overlav (BP-1. BP-2)
district or Residential district (R-1. R-1A. RS-1. R-4. RM-12. RM-24. RM-50. RO-24. RO-50):
(C) Setback from residential. The leadina edae of the sian must be a minimum distance of 100
feet from an abuttina residential district boundarv:
(D) Setback from other electronic araphic displav. electronic chanaeable copv or video display
sians. Electronic araphic displav si!:ms must be separated from other electronic araphic
displav. electronic changeable copv sians or video displav sians bv at least 35 feet;
(E) Orientation. When located within 150 feet of a residentiallv-used lot in a residential zone. anv
part of the electronic araphic displav sian must be oriented so that no portion of the sian face is
visible from an existina or permitted principal structure on that lot:
(F) Duration. In all districts anv portion of the imaae must have a minimum duration of 20 minutes
and must be a static displav. No portion of the imace mav flash. scroll. twirl. chanoe color. or in
anv manner imitate movement;
(G) Audio or svrotechnice:. Audio ssoakers or ony form of &YFotechnics ore prohibited in
association with ::m electronic araphic displav si~n
(G) Briahtness. The sian must not exceed a maximum illumination of 5000 nits (candelas per
square meter) durino davliQht hours and a maximum illumination of 500 nits (candelas per
sauare meter) between dusk to dawn as measured from the sian's face at maximum
briQhtness: and
(H) Dimmer control. Electronic araphic display sians must have an automatic dimmer control to
produce a distinct illumination chance from a hiaher illumination level to a lower level for the
time period between one half-hour before sunset and one half-hour after sunrise.
(I) Audio or pvrotechnics. Audio soeakers or any form of pyrotechnics are prohibited in
association with an electronic araphic display sian.
(7) Multi-vision Sians. Multi-vision sians must meet the followino standards. When attached to walls.
multi-vision sians are classified as cabinet sians.
(A) Location. The sian must be located on the site of the use identified or advertised bv the sian:
(B) District Limitations. The sign must not be located in a Conservation. Bluff Overlav (BP-1. BP-2)
district or Residential district (R-1. R-1A. RS-1. R-4. RM-12. RM-24. RM-50. RO-24. RO-50):
(C) Setback from residential. The Jeadina edae of the sian must be a minimum distance of 100
feet from an abuttina residential district boundary:
(0) Setback from other multi-vision signs. Multi-vision sians must be seoarated from other multi-
vision sians bv at least 35 feet:
(E) Orientation. When located within 150 feet of a residentiallv-used lot in a residential zone. any
part of the multi-vision sian must be oriented so that no portion of the sign face is visible from
an existina or oermitted principal structure on that lot;
(F) Duration. In all districts anv imaae or messaae or oortion thereof must have a minimum
duration of eiaht seconds and must be a static displav. Transition time must be no loncer than
2 seconds: and
(m Default mechanism. All multi-vision sians must be eauipoed with a prooerlv functionina default
mechanism that will stop the sian in one position should a malfunction occur
(H) Audio or pvrotechnics. Audio speakers or any form of pvrotechnics are prohibited in
association with a multi-vision sign.
Page 6
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ORDINANCE AS ADOPTED 10/09/06
(8) Time and Temperature Sian. Time and temperature sians must meet the followina standards.
When attached to walls. time and temperature sians are classified as cabinet sians.
(A) Location. The sian must be located on the site of the use advertised or identified by the sian:
(B) District Limitations. The sian must not be located in a Residential (R-1. R-1A. RS-1. R-4. RM-
12. RM-24. RM-50. RO-24. RO-SO)' Conservation or Bluff Overlay (BP-1. BP-2) district:
(C) Duration. Time and temperature sians must have a minimum display duration of two seconds
that is static durina each individual messaae. No portion of the messaae may flash. scroll. twirl.
chanae color. fade in or out or in any manner imitate movement: and
(0) Audio or pyrotechnics. Audio speakers or any form of pyrotechnics are prohibited in
association with a time and temperature sian.
(9) Rotatina Sians.
(A) No sian shall have rotatina or movina Darts that revolve at a speed in excess of seven
revolutions per minute.
**"
Passed and adopted this
day of
,2006.
Mayor
A TIEST:
Secretary to the Council
APPROVED:
City Attorney
Page 7
UUIV/I:I
I /f".
CITY OF LINO LAKES
ORDINANCE NO. 04-08
AMENDING ORDINANCE NO. 05-05
AN ORDINANCE REGULATING SIGNS IN THE CITY OF LINO LAKES,
ANOKA COUNTY, MINNESOTA.
The City Council of the City ofLino Lakes ordains that Ordinance No. 05-05 is amended
as follows:
SECTION I.
PURPOSE, INTENT, AND FINDINGS
It is not the purpose or intent of this sign ordinance to regulate the message displayed on any
sign; nor is it the purpose or intent to regulate any building design or any display not defined
as a sign, or any sign which cannot be viewed from outside a building. Rather, the purpose
and findings of the sign ordinance are as follows:
a) Purpose: the sign ordinance is intended to establish a comprehensive and
balanced system of sign control that accommodates the need for a well-maintained, safe,
and attractive community, and the need for effective communications including business
identification. It is the intent of this ordinance to promote the health, safety, general
welfare, aesthetics, and image of the community by regulating signs that are intended to
communicate to the public, and to use signs which meet the city's goals by authorizing:
1) permanent signs which establish a high standard of aesthetics;
2) signs which are compatible with their surroundings;
3) signs which are designed, constructed, installed and maintained in a
manner that does not adversely impact public safety or unduly distract
motorists;
4) signs which are large enough to convey the intended message and to
help citizens find their way to intended destinations;
5) signs that are proportioned to the scale of, and are architecturally
compatible with, principal structures;
6) permanent signs which give preference to the on-premise owner or
occupant; and
7) temporary commercial signs and advertising displays which provide
an opportunity for grand openings and occasional sales events while
restricting signs which create continuous visual clutter and hazards at
public right-of-way intersections.
b) Findings: the city of Lino Lakes finds it is necessary for the promotion and
preservation of the public health, safety, welfare and aesthetics of the community that the
construction, location, size and maintenance of signs be controlled. Further, the city finds:
6/27/2008
vo'; VI &.1
,.
Commercial Speech: Speech advertising a business, profession, commodity, service or
entertainment.
Construction Sign: A temporary sign identifying a building or construction site,
architects, engineers, contractors or suppliers.
Directional Signs: A sign providing directional information about the use or uses within
the development where the sign is located.
Dynamic Display: Any characteristics of a sign that appear to have movement or that
appear to change, however frequently, caused by any method other than physically removing
and replacing the sign or its components, whether the apparent movement or change is in the
display, the sign structure itself, or any other component of the sign. This includes, but is not
limited to, a sign display that incorporates a technology or method allowing the image on the
sign face to change without having to physically or mechanically replace the sign face or its
components. This also includes, but is not limited to, any rotating, revolving, moving,
flashing, blinking, or animated display, and any display that incorporates rotating panels,
LED lights manipulated through digital input, "digital ink," or any other method or
technology that allows the sign face to present a series of images or displays.
Flag: Any cloth, flexible plastic, or fabric containing distinctive colors, patterns, or
symbols, used as a symbol of a government, political subdivision, or other entity, that is
attached along one side to one pole or attached to a rope on one pole that allows for raising
and lowering the flag.
Flashing Sign: An illuminated sign on which such illumination is not kept constant in
intensity or color at all times, when such sign is in use.
Ground Sign: Any permanent, freestanding sign supported by or upon standards, poles,
beams or other supports or foundation directly affixed to the ground.
Identification or Nameplate Sign: A sign which bears the name or address or both of the
business or the occupant of the building on which it is located.
Illuminated Sign: A sign which has artificial light source directed upon it or which has an
interior light source.
Institutional Sign: A permanent sign or bulletin board which identifies the name and other
characteristics of a public or private institution on the site where the sign is located.
Marquee and Canopy Signs: Any message or identification which is permanently affixed
to a projection or extension of a building or structure, erected in such a manner as to
provide shelter or cover over the approach to any entrance of a store, building or place of
public assembly.
Motion Sign: A sign which revolves, rotates or moves.
Noncommercial Speech: Dissemination of messages not classified as Commercial
6/27/2008
3
uo., 01 ~I
No sign shall be erected, altered, reconstructed, maintained or moved in the city
without first securing a permit from the city, unless this ordinance specifically
states otherwise. The noncommercial speech content of the sign shall not be
reviewed or considered in determining whether to approve or deny a sign permit. The
permit owner shall be responsible for all of the requirements of this Ordinance,
including the liability for expense of removal and maintenance incurred by the City.
Sign permit fees shall be as specified in the city fee schedule.
B. Repairs.
All signs shall be maintained in good condition and the areas around them kept free
from debris, bushes, high weeds, and from anything else which would be an
eyesore or nuisance. All signs must be maintained to prevent the sign from
becoming unkempt in appearance. When any ground sign is removed, the entire
surrounding area shall be cleared of all debris and unsightly projections and
protrusions.
Any sign located in the city which may now be or hereafter become out of order,
rotten or unsafe, and every sign which shall hereafter be erected, altered,
resurfaced, reconstructed or moved contrary to the provisions of this sign
ordinance, shall be removed or otherwise properly secured in accordance with the
terms of this sign ordinance by the owners thereof or by the owners of the grounds
on which said sign shall stand, upon receipt of proper notice so to do, given by the
City. No rotten or other unsafe sign shall be repaired or rebuilt except in
accordance with the provisions of this sign ordinance and upon proper permit
issued by the issuing authority.
C. Removal.
In the event of the failure of the owner or person, company or corporation having
control of any sign, or the owner of the ground on which the sign is located, to
remove or repair said sign within 60 days after the use is terminated, a notice shall be
given and the sign may be removed by the city at the expense of the owner or
manager of the sign, or the owner of the ground upon which the sign stands.
D. Violations.
Any violation of this Ordinance shall constitute a misdemeanor. Each day of such
violation shall constitute a separate offense.
SECTION IV.
DYNAMIC SIGN REGULATIONS:
Findings. Studies show that there is a correlation between dynamic displays on signs and the
distraction of highway drivers. Distraction can lead to traffic accidents. Drivers can be
distracted not only by a changing message, but also by knowing that the sign has a
6/27/2008
5
V01U/~1
Family Residential District, the R-3,Medium Density Residential District, the R-4 High
Density Residential District, and the R-6 Manufactured Home Park District, all signs must
comply with the requirements in the tables in Section IX. and in Section VI.
C. BUSINESS AND PUBLIC AND SEMI-PUBLIC ZONING DISTRICTS
NB Neighborhood Business District LB
Limited Business District
GB General Business District
PSP Public and Semi-Public District
In the Neighborhood Business District all signs must comply with the requirements in the
tables in Section IX. and in Section VI.
In the Limited Business District all signs must comply with the requirements in the tables
in Section IX. and in Section VI.
In the GB General Business District all signs must comply with the requirements in the
tables in Section IX. and in Section VI.
In the PSP Public and Semi-Public Districts all signs must comply with the requirements in
the tables in Section IX. and in Section VI.
D. INDUSTRIAL ZONING DISTRICTS
LI Light Industrial District
GI General Industrial District
In the Light and General Industrial Districts all signs must comply with the requirements in
the tables in Section IX. and in Section VI.
SECTION VI. GENERAL REGULA nONS APPLICABLE TO ALL DISTRICTS
A. Advertising signs as defined in this ordinance are prohibited in all zoning districts.
B. All signs shall be constructed in conformance with the provisions of the Uniform
Sign Code published by the International Conference of Building Officials, which
is hereby adopted by reference and made a part of this Ordinance.
C. No sign shall be permitted within public road right-of-way or be affixed to public
structures or public utility poles or boxes or other public equipment except for
6/27/2008
7
. UIl'/ 0/':'/
I .
duration of campaign sign display shall comply with the provisions of
Minnesota Statute 21 l.B.045 as amended. These signs shall be confined
within private property provided that the property owner's permission has
been obtained.
b. Other Election Years: In years when no state general election is to take
place, signs announcing candidates seeking public political office and other
data pertinent thereto shall be permitted up to a total area of eight (8) square
feet in size and dimensions not greater than two (2) feet by four (4) feet.
These signs shall be confined within private property, provided that the
property owner's permission has been obtained. A maximum of two (2) signs
per candidate is allowed on any residential lot within the Single Family (R-
1) and Single-Family Executive (R-IX) zoning classifications. In all other
zoning classifications, signs are limited to two (2) per candidate every two
hundred (200) feet of road frontage. No more than two (2) signs per
candidate shall be placed in front of the polling places. Campaign signs may
be displayed twenty-five (25) days prior and five (5) days after the election
for which they are intended. Notwithstanding any provision contained in this
Ordinance, the City, upon three (3) days notice, may remove any campaign
sign in violation of this Ordinance. The sign enforcement authorities for the
City ofLino Lakes are authorized to request enforcement of campaign sign
violations through agencies and individuals not employed by the City of
Lino Lakes
N. Temporary signs may be erected in compliance with the requirements of the
temporary sign table and Section VI.
O. Directional signs up to four (4) square feet are allowed up to ten (10) feet above
grade provided they are not erected adjacent to any residential streets.
P. Projecting signs which extend over public property are prohibited without an
encroachment agreement, which the City may agree to at the City's discretion.
Q. Roof signs are prohibited.
R. The exposed uprights, superstructure or back side of all signs must be painted a
neutral color such as light blues, grays, greens or browns, unless such part of the
sign is integral to the overall design of the sign.
S. For the purpose of this Ordinance, maximum square footage of a sign shall be
computed on the basis of one (1) face of any multi-faced sign.
T. Multi-Occupancy Business and Industrial Buildings: When a single principle
building is devoted to three (3) or more businesses, or industrial uses, a
comprehensive sign plan for the entire structure shall be submitted and shall be of
sufficient scope and detail to permit a determination as to whether or not the plan is
consistent with the following regulations. The plan shall be subject to the approval
of the City Council. No permit shall be issued for an individual use except upon a
6/27/2008
9
UOY 01 tt./
reconstructed except in conformity with the provisions of this ordinance.
3. Should such sign or sign structure be moved for any reason for any distance
whatsoever, it shall thereafter conform to the regulations for the zoning district
in which it is located after it is moved.
4. No existing sign devoted to a use not permitted by the zoning code in the
zoning district in which it is located shall be enlarged, extended or moved
except in changing the sign to a sign permitted in the zoning district in
which is it located.
5. When a structure loses its nonconforming status all signs devoted to the
structure shall be removed and all signs painted directly on the structure shall be
repainted in a neutral color or a color which will harmonize with the structure.
V. Any signs not specifically allowed by this ordinance are prohibited.
w.
X. Dynamic display signs, whether permanent or temporary, are prohibited in all
zoning districts except those with a dynamic display area that is less than twenty
(20) square feet.
Y. Street addresses required to comply with address ordinances or building codes do
not require a sign permit.
Z. For the purposes of this ordinance, a flag symbolizing a government or political
subdivision, or a branch or department of a government or political subdivision, is
considered noncommercial speech and is not regulated by this ordinance as long as
there are no more than three such flags on an individual lot and the flags are on
flagpoles that are permanently mounted in the ground or mounted on a building. More
than (3) three such flags shall be considered advertising to draw attention to a
commercial or industrial activity and thus commercial speech. In such a situation, flags
numbering more than three (3) shall be regulated as permanent signage.
Each lot may fly one flag that is not a symbol of a government or political
subdivision, or a branch or department of a government or political subdivision,
and that is on a flagpole that is permanently mounted in the ground or mounted on a
building. More than one such non-government flag shall be regulated as permanent
slgnage.
SECTION VII.
SUBSTITUTION CLAUSE
6/27/2008
11
SECfION IX.
TABLES OF REGULATIONS FOR ZONING DISTRICTS
A. Temporary Sign Requirements Table
Permit Size Location Duration
Banner Permit Required 32 sq ft max. All four comers must be attached 1. One banner is allowed per permit
to the principal building on the 2. One permit is allowed per quarter of any calendar
site. year
3. Permit is good for 17 consecutive days
4. Permit period always begins on a Friday
5. Double permit fees will be assessed if the permit
is pulled after the sign is placed
6. The City has the right to remove the sign at the
end of the permit period and collect the cost of
removal from the permit holder and/or property
owner.
Portable Signs Permit Required 32 sq ft max. 5 feet from property line 1. One portable sign is allowed per permit
2. One permit is allowed per quarter of any calendar
(except year
sandwich board 3. Permit is good for 17 consecutive days
signs) 4. Permit period always begins on a Friday
5. Double permit fees will be assessed ifthe permit
is pulled after the sign is placed
6. The City has the right to remove the sign at the
end of the permit period and collect the cost of
removal from the permit holder and/or property
owner.
Sandwich Permit Required Six (6) sf 1. Must be in front of space 1. Sign permit is good as long as the business is in
Boards at cost of one max. occupied by business operation at the location. A different business in the
term of advertised on sign . same space requires a new sign permit. A different
temporary sign 2. No further than fifteen (15) business location requires a new permit.
permit. feet from door to business 2. Can only be displayed during business hours: must
advertised on sign. be brought inside when business closes each day.
3. Must maintain four (4) feet
clear area for pedestrian
passage, including distance Sandwich board signs must be of solid construction, of
from tables, opening doors, material resistant to weather, resistant to being knocked
planters, etc. over by wind. Signs must be always be maintained in
4. Must not be in Darkin!! area. !!ood condition and avoid a shabbv, unkemDt aDoearance.
Pennants NA NA Prohibited Pennants are orohibited.
Balloons or No permit 24" diameter NA No balloons or inflatable signs over 24" in diameter are
Inflatable Silms required. allowed.
Construction No permit 10 acres or Must be on subject property If a single structure, sign must be removed 30 days after
Sign required for one more: issuance of certificate of occupancy for the structure. If
sign per Max. 100 sq JO' from property line more than one structure, must be removed 30 days after
(does not frontage on ft per sign certificate of occupancy is issued for last building.
include names street forming One sign on each peripheral street
on construction periphery of site Under JO If a residential subdivision, must be removed after
trailers or acres: max. certificate of occupancy is issued for last building.
trucks) 32 sq ft per
si!!n
Real Estate No permit 10 acres or Must be on subject property If a single structure, sign must be removed 30 days after
Sign required for one more: issuance of certificate of occupancy for the structure. If
sign per Max. 100 sq 10' from property line more than one structure, must be removed after
(except for frontage on ft per sign certificate of occupancy is issued for last building.
Individual street forming One sign on each peripheral street
property with periphery of site Under 10 If a residential subdivision, must he removed when all of
residence in acres: max. the units are sold.
Resid. or Rural 32 sq ft per
zone: see Sec. sign
lIl. A. and B.)
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Ordinance 04-08, Sign Ordinance
page 14 of 20
,------------------------------
,
B. Permanent Sign Requirements Tables
Identification or Nameplate Signs
Area Identification Signs:
Ground Signs
Building Wall Signs
one wall si as below
Non-residential uses and licensed
residential care facilities that are
allowed by the Zoning Ordinance,
and manufactured home parks in
R -6 zones, may have one wall sign
on one buildin , maximum 50 sf.
rohibited
shall be closer than ten (10) feet to an
R RURAL
R-X RURAL EXECUTIVE
R-BR RURAL BUSINESS
RESERVE DISTRICTS
-max two (2) square feet
No si nnit is re uired.
Can be placed at entrances to
neighborhood: the number of such
signs per neighborhood shall be
detennined by the City, with
consideration to the number of
entrances to the neighborhood.
-max twenty-four (24) square feet
-max hei ht six (6) feet
Each property with a residence
may have one freestanding sign,
temporary or permanent, without a
permit: the maximum size is six
(6) square feet, placed at least ten
(10) feet from the property line.
This sign shall not advertise
commercial activity that is not
allowed or conducted on the same
property as the sign. There is no
time limit for such a sign.
In addition, non-residential uses
and licensed residential care
facilities that are allowed by the
Zoning Ordinance may have:
-one (1) ground sign
-max thirty-two (32) sf each sign,
-max height eight (8) feet
OR
one wall sign as below
Non-residential uses and licensed
residential care facilities that are
allowed by the Zoning Ordinance
may have one wall sign on one
building, maximum 50 sf.
NoSi
R-I. R-IX. R-EC
R-2. R-3. R-4. R-6
RESIDENTIAL DISTRICTS
One per residence.
-max two (2) square feet
No si rmit is re uired
Can be placed at entrances to
neighborhood: the number of such
signs per neighborhood shall be
determined by the City, with
consideration to the number of
entrances to the neighborhood.
-max twenty-four (24) square feet
-max hei ht six (6) feet
Each property with a residence
may have one freestanding sign,
temporary or permanent, without a
permit: the maximum size is six
(6) square feet, placed at least ten
(10) feet from the property line.
This sign shall not advertise
commercial activity that is not
allowed or conducted on the same
property as the sign. There is no
time limit for such a sign.
In addition, non-residential uses
and licensed residential care
facilities that are allowed by the
Zoning Ordinance, and
manufactured home parks in R-6
zones, may have:
-one (I) ground sign
-max thirty-two (32) sf each sign,
-max height eight (8) feet
OR
Ordinance 04-08, Sign Ordinance
page 15 of 20
NEIGHBORHOOD BUSINESS Single and Double Occupancy Multi-Occupancy Buildings
ZONING DISTRICT Buildings if single building has three or more
businesses, must comply with Sec.
VI. T. and shall be limited to:
Individual sign allowed only if
business is not part of integrated
Ground and Pylon Signs retail complex.
one ground sign of any type - one ground sign
- 50 sfmax - lOOsfmax
- 30' height max - 30' height max
- no closer than 50' to another - no closer than 50' to another
ground sign ground sign
Single road frontage: one sign, Sign for individual business only if
Building Wall Signs greater of business has separate entrance:
- loosf OR sign maximum size applies to that
- 10% of building face tenant's wall area.
Same size as single/double.
Double frontage or comer lot: Double frontage or comer lot:
may have one additional wall sign may have one additional wall sign
on any wall, greater of: on any wall, greater of:
-100 sf OR -100 sf OR
-10% of building face -10% of building face
H this second sign is on end of
building, it shall be for tenant of
that building only and shall be
stylistically consistent with other
signs on the building.
No illuminated sign may face land No illuminated sign may face land
zoned residential or guided zoned residential or guided
residential by the comprehensive residential by the comprehensive
plan. This does not include across plan. This does not include across
a street. a street.
No roof signs. No roof signs.
No wall sign higher than parapet No wall sign higher than parapet
wall. wall
Advertisinll; Sill;ns prohibited
Prooenv setback No sill:D may be closer than 5' to any property line.
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Ordinance 04-08, Sign Ordinance
page 16 of 20
LIMITED BUSINESS ZONING
DISTRICT
Ground and Pylon Signs
Building Wall Signs
AdvertisinJr Si JrDS
Propertv setback
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Single and Double Occupancy
Buildings
lndividual sign allowed only if
business is not part of integrated
retail complex,
one ground sign of any type
- 50 sfmax
- 30' height max
- no closer than 50' to another
ground sign
Single road frontage: one sign,
greater of
-lOOsf OR
- 10% of building face
Double frontage or corner lot:
may have one additional wall sign
on any wall, greater of:
-100 sf OR
-10% of building face
No illuminated sign may face land
zoned residential or guided
residential by the comprehensive
plan. This does not include across
a street.
No roof signs.
No wall sign higher than parapet
wall.
Multi-Occupancy Buildings Motor Fuel Station Signs
if single building has three or more
businesses, must comply with Sec.
VI. T. and shall be limited to:
- one ground sign of any type
. 100 sf max
- 30' height max
- no closer than 50' to another
ground sign
Sign for individual business only if
business has separate entrance:
sign maximum size applies to that
tenant's wall area.
Same size as single/double.
Double frontage or corner lot:
may have one additional wall sign
on any wall, greater of:
-100 sf OR
.10% of building face
If this second sign is on end of
building, it shall be for tenant of
that building only and shall be
stylistically consistent with other
signs on the building.
No illuminated sign may face land
zoned residential or guided
residential by the comprehensive
plan. This does not include across
a street.
No roof signs.
No wall sign higher than parapet
wall
one pylon per frontage
.80 sf
.45' height
if abutting freeway
-one additional pylon sign
-100 sf
.65' height
. one additional ground sign per
frontage
-32sfmax
- 30' max height
Single road frontage: one sign,
greater of
-IOOsf OR
- 10% of building face
Double frontage or corner lot:
may have one additional wall sign
on any wall, greater of: -100 sf
OR
-10% of building face
Canopies must comply with
Conditional Use Permit
requirements in Zoning Ordinance
No illuminated sign may face land
zoned residential or guided
residential by the comprehensive
plan. This does not include across
a street.
No roof signs.
No wall sign higher than parapet
wall
nrohibited
No siJrD mav be closer than 5' to any oronerlv line.
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Ordinance 04-08, Sign Ordinance
page 17 of 20
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GENERAL BUSINESS and Single and Double Occupancy Multi-Occupancy Buildings Motor Fuel Station Signs
PUBLIC SEMI-PUBLIC Buildings if single building has three or more (not allowed in PSP)
ZONING DISTRICTS (except motor fuel stations) businesses, must comply with Sec,
VI. T. . and shall be limited to:
Individual sign allowed only if one pylon per frontage
business is not part of integrated -80 sf
Ground and Pylon Signs retail complex, -45' height
Ground signs of any type totaling Ground signs of any type totaling if abuttin~ freeway
2 sf per frontage foot, 2 sf per frontage foot, -one additional pylon sign
-mall 200 sf - 200 sf mall -100 sf
-40' height mall - 4{)' height mall -65' height
- one additional ground sign per
- no closer than 50' to another - no closer than 50' to another frontage
ground sign ground sign - 32 sfmax
.. 30' mall heil!:ht
Single road frontage: one sign, Sign for individual business only if
Building Wall Signs greater of business has separate entrance:
-100sf OR ~ign maximum size applies to that Single road frontage: one ~ign,
- 10% of building face tenant's wall area. greater of
-IOOsf OR
Same size as single/double. - 10% of building face
Double frontage or comer lot: Double frontage or corner lot: Double frontage or corner lot:
may have one additional wall sign may have one additional wall sign may have one additional wall sign
on any wall, greater of: on any wall, greater of: on any wall, greater of: -100 sf
-IOO~f OR -JOOsf OR OR
-10% of building face -10% of building face -10% of building face
If this second sign is on end of
building, it shall be for tenant of Canopies must comply with
that building only and shall be Conditional Use Permit
stylistically consistent with other requirements in Zoning Ordinance
signs on the building,
No illuminated sign may face land No illuminated sign may face land No illuminated sign may face land
zoned residential or guided zoned residential or guided zoned residential or guided
residential by the comprehensive residential by the comprehensive residential by the comprehensive
plan. This does not include across plan. This does not include across plan. This does not include across
a street. a street. a street.
No roof signs. No roof signs. No roof signs.
No wall sign higher than parapet No wall sign higher than parapet No wall sign higher than parapet
wall. wall wall
Advertising Signs prohibited
Property setback No sign may be closer than 5' to any property line.
Ordinance 04-08. Sign Ordinance
page 18 of 20
LIGHT and GENERAL Business Signs Multi-Occupancy Buildings if Motor Fuel Station Signs
INDUSTRIAL ZONING (single & double occupancy single building has three or more
DISTRICTS buildings) businesses, must comply with Sec.
(except motor fuel stations) VI. T. and shall be limited to:
Individual sign allowed only if one pylon per frontage
business is not part of integrated -80 sf
Ground and Pylon Signs retail complex. -45' height
Ground signs of any type totaling Ground signs of any type totaling if abuttine: freeway
2 sf per frontage foot, 2 sf per frontage foot, -one additional pylon sign
-max 200 sf -max 200 sf -100 sf
-40' height max -40' height max -65' height
- one additional ground sign per
- no closer than 50' to another - no closer than 50' to another frontage
ground sign ground sign - 32sfmax
- 30' max height
Building Wall Signs Single road frontage: one sign, Sign for individual business only if Single road frontage: one sign,
greater of business has separate entrance: greater of
-IOOsf OR sign maximum size applies to that - 100 sf OR
- 10% of building face tenant's wall area. - 10% of building face
Same size as single/double.
Double frontage or corner lot: Double frontage or corner lot:
may have one additional wall sign may have one additional wall sign Double frontage or corner lot:
on any wall, greater of: on any wall, greater of: may have one additional wall sign
-100 sf OR -100 sf OR on any wall, greater of:
-10% of building face -10% of building face -100 sf OR
If this second sign is on end of -10% of building face
building, it shall be for tenant of
that building only and shall be Canopies must comply with
stylistically consistent with other Conditional Use Pennit
signs on the building. requirements in Zoning Ordinance
No illuminated sign may face No illuminated sign may face land
land zoned residential or guided zoned residential or guided No illuminated sign may face land
residential by the comprehensive residential by the comprehensive zoned residential or guided
plan. This does not include plan. 1bis does not include across residential by the comprehensive
across a street. a street. plan. 1bis does not include across
a street.
No roof signs. No roof signs.
No roof signs.
No wall sign higher than parapet No wall sign higher than parapet
wall. wall No wall sign higher than parapet
wall
Advertising Signs prohibited
Property setback No sie:n may be closer than 5' to any property line.
Ordinance 04-08, Sign Ordinance
page 1901'20
SECTION XI.
ADOPTION
A. As above amended, said Sign Ordinance shall stand as initially passed and previously
amended.
B. This ordinance shall be in effect in accordance with the City Charter.
Passed by the Lino Lakes City Council this 14th day of April, 2008.
John J. Bergeson, Mayor
ATTEST:
Julie Bartell, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by Council Meml::
and upon vote being taken thereon, the following voted in favor thereoj
The following voted against same:
Whereupon said ordinance was declared duly passed and adopted.