HomeMy WebLinkAbout2008-08-05 P & Z Packet
PLANNING AND ZONING COMMISSION
MEETING AGENDA
I. CALL TO ORDER
1. Roll Call
II. APPEARANCESIPRESENT ATION(S)
III. PUBLIC HEARING (S)
IV. OLD BUSINESS
V. NEW BUSINESS
1. Mr. Hatem Qamhieh, 7251 Clearwater Drive, Request for Variance to Enlarge
Garage to Include a Third-Stall Extending into the Side Drainage/Utility Easement
VI. DISCUSSION ITEMS
1. Code Amendments
a. Chapter 150-152
b. Chapter 153
c. Chapter 154
VII. CONSIDERATION OF MINUTES
1. July 1, 2008 Meeting Minutes
VIII. ADJOURNMENT
Fete des Lacs - August 1, 2 & 3, 2008- Laurie LaMotte Memorial Park
Parks & Recreation Committee Meeting
City Council Meeting
City Council Meeting
Date:
July 25,2008
To:
Mr. Dallas Larson (City Administrator)
1880 Main Street
Centerville, MN 55038
From:
Hatem Qamhieh
7251 Clearwater Drive
Centerville, MN 55038
Subject:
Variance for a new attached third garage stall.
Dear Mr. Larson:
I have a single family home with a two car attached garage 70 ft from the road. The
home is facing north and the garage is on the west side. I am planning to add a third
garage stall to my home on the west side. The North West side corner of my existing
home is aboutl6.5 ft east from the property line and about 14 ft perpendicular to the
property line. To meet the District Regulation Lot and Yard Requirements I need 10ft of
clearance between the addition and the lot line. The east side of my property has a Wet
Land and Drainage Easement. Because of that I can't do any improvement on the east
side of my property. The west side of the property does not have any drainage easement
issues and my neighbor on the west side does not have any problem with adding an
additional garage stall.
At this stage I had class 5 aggregate on the west side of my property and I am currently
parking my car and pop up camper on it. It's not very pleasant. I would like to enhance
this situation and improve it by adding a third garage stall to avoid parking my car and
pop up camper on the west side which looks very tacky.
By adding a third stall to my garage, it will enhance the appearance of my home and my
neighbor hood. Also I am going to replace my existing garage door with another new
one to match the new addition to my garage. The new addition will be stepping back 2
ft.; to help reduce the side set back impact to about 17.5 ft east of the property line and
about15 ft perpendicular to the property line which will add to the architectural detail. I
am keeping the existing west side wall of the garage and modify the existing window on
it to be as a door between the two garage stall. The facing of the new stall will match the
existing one on my garage. The roof of the new stall will be the same pitch as the
existing one and extended to the west for 10ft. The total width of the new stall will be
10ft. and the total length will be 22.5 ft with total area of 225 square foot. The total area
for the variance will be less about 18% of the total area of the new third stall. I did run a
survey line for the west side of my property to verify all distances.
I would like to request a variance for the new garage stall before I start fixing my home
from the hail damage on May 25,2008.
I would be happy to meet with you to discuss this issue at your own convenience. If you
have any question please feel free to call me any time at 651-653-6643 (H) or 651-366-
4706 (B).
Thank you for your help in this matter.
Sincerely,
Hatem Qamhieh
"
6!f;:Z1E~
PETITION FOR VARIANCE
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Date: Fee: $Z!0. + Legal Fees Zoning:
Applicant: f/qf,-? fYJ q d-fnh it=> ~J
Street Address: l1"L c'C~ ~ Phone:&v-6'53-4Y3
CIty/State/ZIp: _lJferV1_~___ __ 5_ _ 38
Status of Applicant: Owner ~ Lease Holder Other
Legal Description of Property: int 7 RLk;2 p~ f-tie r ~ ~.J:tJ{ ~ .;2-t1c!
Street Address (subject property): Z25 / r;~) J yo- [Jr. Crl+erlifh ~S(J58
Description of Request:
Reason for Request UJf.JvtR- ~"d~) c1ttl <;/. f;; Lot- fOfar~
dJ,rI uJef LrJ rc:s-tYIt'--iro~ Ok~ eCLrt 5/C.
A variance is a use that is not generally permitted by the City's zoning ordinances but which is
allowed in special cases only. A request for a variance from the City's zoning ordinances will be
granted upon a showing of undue hardship by a property owner who is determined to have a unique
situation. "Undue hardship" means that the property cannot be put to a reasonable use if the
conditions of the zoning ordinances are followed, that the property owner's particular circumstances
are unique and not self-created, and that granting a variance will not aIter the essential character of
the locality or neighborhood. Economic hardship alone will not constitute undue hardship if some
reasonable use currently exists under the terms of the City's zoning ordinance. If the property
owner purchased the property knowing that the City's zoning ordinances prohibited a use, the
property owner's circumstances are self-created.
Minnesota Statutes (MS 462.357, Subd. 6) and City Code 154, Section 154.310 requires that the
following conditions must be satisfied for approval of t.~is request. Please respond to these
conditions using additional sheets of paper if necessary.
1. Because of the particular physical surroundings, shape or topographical
conditions of the parcel or lot, the proposed variance would relieve an undue
hardship, as distinguished from a mere inconvenience, should the applicable
ordinance be strictly enforced.
2. The purpose of the proposed variance is not based exclusively upon a desire to
increase the value or income potential of the parcel of land, but would correct
extraordinary circumstances applicable to this property but not applicable to other
property in the vicinity or zoning district.
,
3. The alleged difficulty or hardship is caused by the City Ordinance and has not
been created by any persons presently having an interest in the parcel of land.
4. The variance will not adversely affect public health, welfare and safety and will
not be detrimental or injurious to property or improvements in the neighborhood.
5. Variances will not be granted that allow a use that is otherwise not a permitted use
in the zoning district that the subject property is located.
Signature of Applicant:
*By paying the above stated fee, I understand that no refunds will be issued in full, in part, or at any time, even
though the outcome of Council's action is denial of the request.
ApPLICANTS, PLEASE NOTE:
All developers or property owners must submit the following information to the City of
Centerville by the Tuesday that is 30 days PRIOR to the meeting of the Planning and Zoning
Commission or the City Council meeting at which the request will be heard at a public hearing.
1. Complete the application for the specific request and pay the fee.
2. Submit a complete survey and site plans (including measurements, dimensions),
showing lot lines and building footprint, driveways, sidewalks, curb cuts, ingress,
egress, etc. on the property and its relation to adjacent properties.
3. Explanation of materials that will be used and plans for screening, landscaping,
fencing and dumpster enclosures.
4. Drawings of completed buildings, if appropriate to the project, and materials used.
5. Storm water retention and drainage plans. The Rice Creek Watershed District
and/or other water management organizations may need to be notified of the
project.
6. A letter explaining the reason for the variance request. The letter must also
demonstrate the variance will not impact the surrounding properties nor impact
the characteristic of the neighborhood in any manner.
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July 24, 2008
Memo to Planning & Zoning Commission:
From: Dallas Larson, Administrator
Attached is a draft of Chapters 150-152. Changes in Chapter 150 are merely to adopt
more recent versions of the building and fire codes. Within Chapter 152, several changes
are included to respond to discussions at P&Z on July 1 meeting.
1) A definition was included for "Dynamic Sign" which is regulated later in the
draft.
2) In Section 152.15, General Regulations, language was inserted to regulate
billboards and regulations inserted to permit Dynamic Signs up to 20 square feet.
3) Modifications were made to sections relating to political signs in conformity with
state law.
4) Section 152.16 was modified to allow sandwich boards without a permit, subject
to conditions.
Other ideas for changes were not included because there was not consensus on any
changes. Most felt that signs should not be further regulated beyond the items
mentioned above.
TITLE XV: LAND USAGE
Chapter
150.BUlLDING REGULATIONS
151.RESERVED FOR FUTURE
152.SIGN REGULATIONS
153. SUBDIVISION REGULATIONS
154.Z0NING CODE
155.FLOOD DAMAGE PREVENTION
156.RESERVED FOR FUTURE
157.EROSION CONTROL
CHAPTER 150: BUILDING REGULA nONS
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
MINNESOTA BUILDING CODE
~ 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. ~~ 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 iffully set out herein.
(B) Application, administration and enforcement.
2
(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. 9 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 of fees shall be as authorized in M.S. 9 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. 9 16B.70, as
amended.
(D) Building Code optional chapters.
(1) (a) The Minnesota Building Code, established pursuant to M.S. 99 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 of the Minnesota State Building Code;
2. Chapter 1301, Building Official Certification;
3. Chapter 1302, State Building Code Construction Approvals;
4. Chapter 1303, Minnesota Provisions;
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;
3
11. Chapter 1325, Solar Energy Systems;
12. Chapter 1330, Fallout Shelters;
]3. Chapter ]335, F]oodproofing Regu]ations;
14. Chapter 1341, Minnesota Accessibi]ity Code;
15. Chapter 1346, Adoption of the Minnesota State Mechanica] Code;
16. Chapter 1350, Manufactured Homes;
17. Chapter 1360, Prefabricated Structures;
18. Chapter 1361, Industria]izedlModular Bui]dings;
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. Ru]es ~~ 1306, 1306.0020, Subd. 2, and 1306.0030, Item E, Option #1.
(b) This city also adopts Minn. Rules Chapter 1335, Floodproofing Regu]ations, parts
1335.0600 to 1335.1200 and Appendix Chapter K (Grading), of the 2002 Supplement to the 2000
International Building Code.
(E) Violations and penalties. A violation of the code is a misdemeanor pursuant to M.S. ~
] 68.69, as amended, and Minn. Rules, Chapter 1300.
(Ord. 76, passed 6-11-2003; Am. Ord. passed] 2-8-2004)
Statutory reference:
Enforcement of code, see M S. j 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,
4
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.(11
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(B) Establishment and duties of Bureau of Fire Prevention
(1) The >Ltlc, Fire Code shall be enforced by the Bureau of Fire Prevention (or other
designated agency) in the Fire Department of the Centennial Fire District which is hereby established
and which shall be operated under the supervision of the Chief of the Fire Department.
(2) The Chief in charge of the Bureau of Fire Prevention (or other designated agency) shall
be appointed by City Council on the basis of examination to determine his or her qualifications.
(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.
(I) Whenever the word JURISDICTION is used in the "iell" Fire Code, it shall mean the
Centennial Fire District.
5
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Deleted: that certain code known as the
Uniform Fire Code. and the Unifonn Fire
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) ofthis section.
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Deleted: Unifonn
Deleted: Unifonn
(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.
(F) Establishment of limits of districts in which storage of explosives and blasting agents to be
prohibited The limits referred to in Jhe 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.
(0) ,4ppeals. 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
decision of the Chief to the City Council within 30 days from the date of the decision appealed.
OJ) }Vew materials, processes or occupancies which may require permits. The Building Official,
the City Administrator and the Chief of the Bureau of Fire Prevention shall act as a committee to
determine and specify, after giving affected persons an opportunity to be heard, any new materials,
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,
6
Comment: All referrences to the old
State Fire Code should be replaced. This
section dealing with tanks is somewhat
addressed in the above.
Comment: This reference is addressed
above.
Deleted: the following limits:
: Residential; R-2 SinglelMultiple-Family
i Residential; P Public Use; and 0 Open
1 Space Conservatory zoning districts.
Deleted: Section 77.106(b) of
Deleted: Uniform
Deleted: Amendments made In the
Unifoml Fire Code. The Unifonn Fire
I Code is amended and changed in the
. following respects: as adopted by the
State ofMinnesota.~
~
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:
(I) 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 the material, method or work offered is, for the purpose intended, at
least the equivalent of that prescribed in this section. The Building Official shall require that sufficient
evidence or proof be submitted to substantiate any claims that may be made regarding its use. The
details of any action granting approval of an alternate shall be recorded and entered in the files of the
department of the Building Official.
(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.
7
(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. Should the costs for city action exceed the escrow deposit established
by the fee schedule, the property owner will be billed for the excess.
(2) A certificate of occupancy will not be issued for newly constructed buildings until this
bill is paid in full.
(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. 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 S 150.99
8
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 of the 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 PENAL TV.
Any person violating any provision of this chapter shall be guilty of a misdemeanor.
9
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 Permitted signs with no permit required
152.17 Portable signs
152.18 District regulations
152.19 Comprehensive sign plan required
152.20 Adjustments and appeals
152.21 Nonconforming 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 - -)
~ 152.02 PURPOSE AND INTENT.
It is the purpose ofthis chapter to:
14
15
(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 - -.,illl\ll,J,d
~ 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. The linear frontage of that portion of a building facing the right-of-
way and occupied by one separate business.
BUSINESS SIGN. Any sign which identifies a business or group of businesses, either retail or
wholesale, or any sign which identifies a profession or is used in the identification or promotion 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.
15
Formatted: Font: Bold
FLAGS. 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.
FLASHING SIGN. An illuminated sign on which the illumination is not kept constant III
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 erected on private property, which is erected by a
bona fide candidate for political office or by a person or group supporting the candidate, and which
contains the name of the person or group chairperson responsible for the erection and removal of the
sign.
PORTABLE SIGN. Any sign not permanently attached to the ground or other permanent
structure or a sign designed to be transported, including but not limited to signs designed to be
transported by means of wheels, signs converted to A- or T-frames; menu and sandwich board signs;
umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the
public right-of-way, unless the vehicle is used in the normal day-to-day operations of the business.
SETBACK. The minimum horizontal distance between a lot line and a building line or use.
16
Deleted: the name ofthe person or
group supporting the candidate and
17
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.
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
commercial district signs that meet the criteria detailed in the commercial district standards. Approved
traffic signs are exempt from this provision.
(C) Unless specifically allowed in this chapter, interior illuminated signs are permitted In all
districts except residential. All illuminated signs shall have a shielded light source.
17
(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.
(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
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 lllll;mh posted
18
Deleted: without the issuance of a
special use permit
19
(B) Temporary signs.
(1) Temporary banners and pennants shall be displayed for no more than 14 days. A
maximum of six occurrences per year are allowed. Banners or pennants determined to be an integral
part of the design or architecture of a building are permitted;
(2) One temporary identification sign, setting forth the name of the project, 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;
3. Industrial Districts: Thirty-two square feet;
4. Mixed-Use District: Sixteen square feet; and
5. AgriculturallRural 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:
I. 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) ,l'ermission of the Council must be obtained to erect the signs upon or over public
19
Deleted: by bona fide candidates for
political office or by a person or group
I promoting a political issue for a candidate '
; may be placed in any district subject to
the requirements of the district.
Campaign sib'11S may be posted for a
period not to exceed 60 days and shall be
removed within seven days following the
date of the election. Only one sign per
candidate will be allowed per lot
Deleted: Signs pertaining to drives or
events of civic, philanthropic, educational
or religious organizations, provided p
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 constructed of metal, wood or stone and attached to the building, not
exceeding a sign surface area of four square feet.
(E) Freestanding signs. Freestanding signs for garage sales or similar events occurring within the
corporate limits of the city, not exceeding four square feet in sign surface area, erected on private
property with permission ofthe landowner, and displayed for not more than three consecutive days.
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
allowed with permit as specifically authorized below.
(8) Portable signs used for the purpose of directing the public will be pennitted 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.
20
Deleted: (F)
Formatted: Bullets and Numbering
21
(Ord. 39, passed - -)
~ 152.18 DISTRICT REGULATIONS.
(A) Residential/Public Districts (R-I, R-2, R-2A. R-4. R-5, pol ii .ii.). Permitted signs:
(I) 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) Business signs. Home-based businesses may have a sign that is no larger than four square
feet. The sign may not be an interior-illuminated sign.
(4) Noncommercial opinion or message signs. On-premise noncommercial opinIOn or
message signs are permitted as follows: In residential districts, each dwelling unit is permitted one
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.
(8) 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.
(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.
(e) Industrial District (I-I). Permitted signs:
(l) 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!
Deleted: unit or placed in another
location which clearly does not appear to
represent the opInions of other residents
in the area who have not agreed to the
sign
(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'SH \/:,). Permitted signs:
(I) 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 signs. One ground sign is permitted per street frontage; however, the sign does
not exceed eight feet in height and 32 feet in area.
(Ord. 39, passed - -; Am. Ord. 87, passed 1-11-2006)
~ 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:
(l) 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;
22
23
(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 building height, including any difference from the established grade,
size, color, lighting and hours of illumination.
(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:
(I) 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 of this 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
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
23
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, nonco'?forming 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:
(1) 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 - -)
~ 152.22 ENFORCEMENT.
(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.
(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.
(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.
24
25
(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.
25
July 24, 2008
Memo to Planning & Zoning Commission:
From: Dallas Larson, Administrator
Attached is a draft of Chapter 153. Changes in Chapter 153 are merely to provide a
means to consider a manufactured home park as a planned development.
,
TITLE XV: LAND USAGE
Chapter
I50.BUlLDING REGULATIONS
I51.RESERVED FOR FUTURE
I52.SIGN REGULATIONS
I53.SUBDIVISION REGULA nONS
I54.Z0NING CODE
I55.FLOOD DAMAGE PREVENTION
I56.RESERVED FOR FUTURE
I57.EROSION CONTROL
I
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
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
153.45 Planned Manufactured Home Developments
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
2
Administration and Enforcement
153.70 General
153.71 Amendments
153.72 Appeals
T _ _ _153 ~99 _ _Penlil!)' .. 1 .{ Deleted: ~
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.
This chapter is adopted:
(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
3
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 a 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.
BOUNDARY 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 of the proper authorities.
BUTT LOT. A lot, the sideline of which coincides with the back line of one or more other lots.
CITY IMPROVEMENTS. Improvements to be installed by the city as provided in this 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 corners 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.
4
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 longitudinally 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.
NATURAL WA TERWA Y. Any natural passageway in the surface of the earth so situated and
having such a topographical nature that surface water flows through it from other areas before reaching
a final ponding area. The term also means to include any and all drainage structures that have been
constructed or placed for the purpose of conducting water from one place to another.
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 WA J: 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.
PLA T. 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-
S
of-way to form a barrier between certain property and the public street or thoroughfare.
RIGHT-OF-WAY. 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 of lots 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 description of the features of a relatively small area, also the relief
features or surface configuration of an area.
WATERCOURSE. Shall include channel, creek, ditch, drain, river and stream.
WATERSHED. Rice Creek Watershed District.
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
6
~ 153.15 GENERAL.
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) Soil 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
drilled at the expense of the owner or developer and the information disclosed shall be furnished to the
city together with a copy of the proposed plat showing the location of each test hole. The information
required by the city shall include a report as to the various types of soil encountered and their depths,
the level of the groundwater and a seepage test and may include additional information. The number of
test holes to be drilled and their location on the property which is proposed to be platted 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 on filing and recording conveyances.
(1) 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
7
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
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
(t) 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:
(a) Divisions ofland where the division is to permit the adding of a parcel of land to an
abutting lot and the newly created property line will not cause the land or any structure to be in
violation of this chapter or the zoning chapter; and that the proposal would not have an adverse impact
on the subject property or surrounding properties;
(b) The division and addition of land will not be large enough to allow for the creation of
an additional lot for the purpose of building; or
(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.
8
~ 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
deflection points, easements for pole line anchors shal1 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.
~ ]53.]9 LOTS.
The lot and yard sizes shall conform to the requirements of the city zoning chapter and the lots
shall be designed in accordance with the following design standards:
(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
9
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.
(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) Double frontage lots. Double frontage lots shall not be permitted, except:
(1) 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.
~ 153.20 STREET.
(A) No plat shall be approved unless all streets shown thereon shall be of sufficient width and
shall be so located as to accommodate the probable volume of traffic thereon, afford adequate light and
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:
(1) In the case of subdivisions for commercial, industrial and public purposes, no street
10
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;
(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 ofthe 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:
11
Street Design Standards
Arterial Collector Local Cul-de-sac
Right-of- W ay 120 feet 66 feet 60 feet 60-foot radius
12
Street Design Standards
Arterial Collector Local Cul-de-sac
Paving Width 52 feet 36 feet 32 feet 46-foot radius
13
Street Design Standards
Arterial Collector Local Cul-de-sac
Maximum Grade 5% 8%
14
Street Design Standards
Arterial Collector Local Cul-de-sac
11:
.~
Minimum Angle 90 degrees 90 degrees 70 degrees 70 degrees
to Intersection
Street Design Standards
Arterial Collector Local Cul-de-sac
f
Horizontal
Alignment
(Minimum
Radius of Center
Line)
*
*
*
*
Street Design Standards
Arterial Collector Local Cul-de-sac
''7
Vertical curves 150 feet 200 feet 100 feet
(Minimum Sight
Distance)
Street Design Standards
Arterial Collector Local Cul-de-sac
10
NOTES TO TABLE:
* - Subject to approval of City Engineer.
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.
~ 153.37 FINANCIAL SECURITY.
The developer's agreement shall require the subdivider to make a cash escrow deposit or in lieu
thereof to furnish a letter of credit in the following amounts and upon the following conditions:
(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.
(8) J"etter of credit. In lieu of a cash deposit, the subdivider may furnish a Jetter 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 of the 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.
19
(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 of the 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 IMPROVEMENTS.
Improvements which have been completed prior to application for final plat approval or execution
of the developer's agreement shall be accepted as equivalent improvements, provided 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.
20
~ 153.42 IMPROVEMENT CONSTRUCTION.
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.
(1) 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 easements;
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;
21
2. Grading at property comers;
3. Lowest floor elevation and structure type; and
4. One-hundred-year flood elevation and I DO-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 of the code.
(G) Street maintenance.
(1) 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) The developer may request, in writing, that the city keep the streets open during the
winter months by plowing snow from the streets prior to final acceptance of the streets. The developer
shall reimburse the city for all snow plowing prior to final acceptance of the streets. The city shall not
be responsible for reshaping the streets because of snow plowing operations if they are requested.
Snow plowing service does not constitute final acceptance of the streets.
(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.
(1) Residential street lighting shall be owned, installed, operated and maintained by the
22
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:
(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.
(1) 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.
(J) 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 contra/. 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 is not paid in 30 days, the cost of the maintenance shall be a lien
against the property and may be certified for collection with the real estate taxes, or at the option ofthe
City Council may be deducted from the developer's escrow deposit or letter of credit.
(M) Screening.
(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
23
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
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 ofthem. 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 gutters will be required on all streets;
(3) The base course shall consist of latest Minnesota Department of Highways approved
material, bearing a seven-ton design and shall include a geotextile fabric mat as specified by 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.
24
(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 conform to the following
requirements:
(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 existing and proposed paved areas.
(I) Street name and traffic control signs. In single- and multiple-family developments, the
developer shall install all street name signs and traffic control signs as deemed necessary by the City
Engineer. In commercial and industrial developments, the developer shall install all street names signs
and traffic control signs as deemed necessary by the City Engineer.
(1) 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.
25
153.45 PLANNED MANUFACTURED HOME DEVELOPMENTS
The following requirements shall apply only to manufactured home developments. parks and/or
cooperatives of a common owner(s) or ownership scheme. and/or which construct shared facilities. All
other of aspects of this chapter shall still apply. Operation ofa planned manufacture home development
is subiect to the continuing licensing requirements of Minnesota Statutes Chapter 327. Loss of this
license is deemed a revocation of any special use permit granted by the City for the planned
manufactured home development. All planned manufactured home developments shall include the
following:
(A) An off-street parking area of at least 440 square feet shall be provided for each manufactured
home. The parking area surface shall be of an impervious construction. No on-street parking will be
permitted in the planned manufactured home development.
(8) A utility enclosure having a minimum of ten feet by ten feet shall be provided by operator
and placed uniformly on each lot designated for a manufactured home.
(C) The operator shall construct a screened. common storage area. All boats. boat trailers. hauling
trailers and all other equipment not stored within a manufactured home or the utility enclosure shall be
stored in this separate area provided by the operator. As a condition of operation of the development
these items shall not be stored upon a lot designated for any manufactured home nor upon the streets
within the planned manufactured home development.
(D) There shall be no exterior radio. television or satellite antennas except for a community-type
antenna for the use of all residents of the planned manufactured home development.
(E) Common overflow parking lot( s) (other than on-lot parking) shall be constructed in the
planned manufactured home development equal to a minimum of one space for each three
manufactured homes.
(G) There shall be no retail sales of manufactured homes or accessories thereto in the limits of the
planned manufactured home development.
(H) Each planned manufactured home development shall contain one or more enclosed facility
building(s) with space devoted to offices. storm shelter (basement)'. laull4ry _and recreation<it fa~iJi~i~~._
The building shall be so designed so as to provide at least 12 square feet of space per manufactured
home lot. but in no case shall the building be less than 2.500 square feet.
(]) Each planned manufactured home development shall create an operational plan. This plan
shall address at least the following:
(1) Designate the licensee pursuant to Minnesota Statute 327.15. approved by the Minnesota
Department of Health.
26
- Comment: Storm shelters governed by
Minn. Stat. Sec. 327.205
(2) It shall set forth the means by which the licensee will continually adhere to the
requirements of this Chapter which apply to planned manufacture home developments.
(3) It shall be the dutv of each licensee to keep a register containing a record of all
manufactured home owners and occupants located within the development. The licensee shall keep the
register available for inspection at all times by law enforcement officers. public health officials and
other officials whose duties necessitate acquisition of the information contained in the register. The
register record for each occupant registered shall not be destroyed for a period of three years following
the date of departure of the registrant from the development. The register shall contain the following
information:
Ii) The name and address of each manufactured home occupant:
Iii) The name and address of the owner of each manufactured home;
liii) The make. model, year and license number of each manufactured home and motor
vehicle:
I iv) The state. territory or country issuing the licenses: and
Iv) The date of arrival and of departure of each manufactured home.
(4) The licensee shall designate or employ a caretaker who shall be in charge at all times to
keep the planned manufactured home development. its facilities and equipment in a clean. orderlv and
sanitary condition. The attendant or caretaker shall be answerable. with the licensee. for the violation
of any provision of this Code or State law to which the licensee is subject.
PLAT SPECIFICATIONS AND PROCEDURE
~ 153.55 GENERAL.
In a subdivision for residential use of less than five lots and where the lots abut existing public
roads and utilities, the Council may waive certain requirements such as topographic, street and utility
specifications; in that instance the information is not required.
~ 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
27
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.
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 of the 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 oftwo 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;
(4) Existing and proposed streets and rights-of-way, including widths and purposes;
(5) Existing and proposed easements, including widths and purposes;
(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 calculated distances and bearings; and
28
(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 100 feet to one inch, showing:
(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 of the 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 pipe, catch basins and invert elevations on proposed plat. Indicate
backyard drainage with arrows; and
(3) Show proposed street grades every 100 feet on preliminary plat.
(E) Restrictions. A draft of the protective covenants or private restrictions to be incorporated in
the final subdivision plat.
~ ]53.58 FINAL PLAT.
29
(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;
(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;
(f) Accurate location of all monuments. Pipes or steel rods shall be placed at the comers
of each lot and at each intersection of street centerlines;
(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 owner, and by any mortgage holder of record, of the adoption of the
plat and the dedication of streets and other public areas.
(0) With submission of the final plat, ten copies of the plat map showing all addresses correctly
labeled shall be supplied to the Administrator for subsequent distribution to the utility companies, local
school districts, and Fire and Police Departments.
~ 153.59 PROCEDURES FOR PLAT SUBMISSIONS.
30
(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 sel!, 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.
(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.
(1) 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 newspaper at least ten days before the day of the hearing. Following the
hearing, the Commission shall recommend approval or disapproval of the preliminary plat with any
changes and conditions as it may suggest and shall transmit its recommendations. The Commission
shall determine whether the proposed plat is consistent with the regulations specified in this chapter
and with the comprehensive plan of the city, and whether the proposed development will advance the
general welfare of the area and the city.
31
(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 of time or the time period is otherwise extended by agreement.
(D) Final plat.
(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 compliance with the regulations and conditions set forth, the
Administrator shall return the final plat to the applicant with an attached statement identifying the areas
of noncompliance. The City Council shall approve or disapprove the plat within 60 days of staff
reports.
32
(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
she has previously been heard by the Council.
ADMINISTRATION AND ENFORCEMENT
~ ]53.70 GENERAL.
(A) Administrator. The Administrator shall 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 or 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 of the city at least ten days prior to the day of the hearing.
33
(C) Variances. The Council may grant a variance upon receiving a report from the Planning and
Zoning Commission in any particular case where the subdivider can show that by reason of exceptional
topography or other physical conditions, the strict compliance with these or other physical conditions,
the strict compliance with these regulations could cause unnecessary hardship. Application for a
variance shall be made in writing by subdivider at the time the preliminary plat is filed with the
Administrator. A variancethus granted shall be recorded in resolution form entered in the minutes of
the Council setting forth the reason which justified the action.
(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 of the cost of the improvements.
(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
34
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 shall make a report of its findings and unless the amendment has
been initiated by the Commission, and Commission determines not to recommend it to the Council, it
shall file a copy with the Administrator within 14 days of the meeting at which the date of the hearing
was concluded. When the amendment to the Commission. Failure of the Planning Commission so to
report on an amendment not initiated by it, is deemed to be approval by the Commission 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.
~ 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 determination 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,
firm 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.
(8) Fees. There shall be no fee charged for appeals.
35
~ 153.99 PENAL TV.
Any person violating any provIsion of this chapter shall be guilty of a misdemeanor ~_ _ -{ Deleted: ~
36
July 24, 2008
Memo to Planning & Zoning Commission:
From: Dallas Larson, Administrator
Attached is a draft of Chapter 154. Major changes in Chapter 150 are outlined as
follows:
1) Section 154.015 was modified to adopt the Table one. Also clarifies minimum
residential building sizes. This was previously buried in Table One.
2) 154.018 confirms minimum dwelling size at 24 feet for M-2 district. Commission
may wish to consider a continuous perimeter footing and foundation. This will
make sure that manufactured homes conform to the same foundation standards as
other homes.
3) Section 154.023 relates to site plan review and submittals.
4) Section 154.039 changes related to manufactured homes. Include requirement for
continuous perimeter footing and foundation. May wish to include this for all
districts.
5) 154.110 Incorporates all of the discussions on fences. Diagrams will be included
for illustrative purposes.
6) 154130 Attorney needs to check for conflicts.
7) 154.140 Shoreland rules are made to conform with RCWD setbacks.
8) 154.171 Tree Planting. We would like to implement a policy that trees should be
planted at least 15 feet from the curb. Generally boulevards are about 14 feet.
With all of the utilities buried in this area, trees can be a significant conflict. We
would also like to mandate that low growing trees be used anywhere that
overhead power lines are present.
9) 154.310 Variance language may need to be modified in light of recent court
rulings. We are hoping to have an answer to that question shortly.
10) 154.340 Interim Use Permits. This section was added to permit permits to be
issued for temporary or time specific periods. We may need to add more to the
district requirements later to identify the uses in each district that might be
considered for Interim Use Permits.
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CHAPTER 154: ZONING CODE
Section
General Provisions
154.001 Title; purpose
154.002 Jurisdiction
154.003 Application
154.004 Scope and interpretation
154.005 General interpretation
154.006 Definitions
General Regulations
154.015 Lot provisions
154.016 Nonconforming uses and structures
154.017 Home occupations
154.018 Single-family dwelling requirements
154.019 Temporary dwellings and structures
154.020 Public utilities required
154.021 Relocated buildings or structures
154.022 Accessory structures and uses
154.023 Site plan review
154.024 Final grading and landscaping
154.025 Building numbers
Districts and Use Regulations
I .
154.035 General provisions
154.036 Rural Residential District (R-I)
154.037 High-Density Single-Family Residential District (R-2A)
154.038 Single-Family Residential District (R-2)
154.039 Single-Family Manufactured Housing District (R-4)
154.040 Single-Family Residential - Estate District (R-5)
154.041 through 154.049 reserved for future expansion
154.058 an~ 154.059 reserved for future exgansion
154.060 Commercial District (B-1)
154.061 through 154.069 reserved for future expansion
154.070 Industrial District (1-1)
154.071 through 154.079 reserved for future expansion
Deleted: 154.050 Mobile Home
Park District (R-M)~
154.051 Conditional use pennits~
154.052 Building pennit1"
154.053 Site requirements,
154.054 Mobile home park facilities
buitdln~
154.055 Register of occupants~
154.056 Supervision~
154.057 Revocation ofpennit1[
154.080 Public/Institutional District (P-1)
154.081 through 154.089 reserved for future expansion
154.090 Mixed Use District (M-1)
154.091 through 154.109 reserved for future expansion
154.110 Fences
154.111 through 154.119 reserved for future expansion
154.120 Height
154.121 through 154.129 reserved for future expansion
154.130 Y!!~s _ _ _ _ _ _ _ _ _ _ _ _ __ __ _ _ __ __ _ __ __ __ _ _ _ _ _ _ -{ Deleted: a
154.131 through 154.139 reserved for future expansion
154.140 Special provisions related to development or building on lands within 100
feet of Centerville Lake, Peltier Lake or Clearwater Creek
154.141 through 154.149 reserved for future expansion
154.150 Other standards
154.151 through 154.159 reserved for future expansion
154.160 Woodlands preservation
154.161 through 154.169 reserved for future expansion
154.170 Parking requirements
154.171 through 154.179 reserved for future expansion
154.180 Landscaping
Planned Unit Developments
154.200 Objectives
154.201 through 154.209 reserved for future expansion
154.210 General requirements
154.211 through 154.219 reserved for future expansion
154.220 Uses permitted
154.221 Relationship of PUD site to adjacent areas
154.222 Minimum size
154.223 Minimum lot size
154.224 Setback and side yard requirements
154.225 Access to public right-of-way
154.226 Utility requirements
154.227 Open space
154.228 Parking
154.229 Reserved for future expansion
154.230 Arrangement of commercial uses
154.231 through 154.239 reserved for future expansion
154.240 Arrangement of industrial uses
154.241 through 154.249 reserved for future expansion
154.250 Pre-application meeting; procedure
154.251 Application
154.252 Actions
154.253 PUD agreement
154.254 Final review and approval
2
154.255 Documentation required
154.256 Action on final application
154.257 Time limit
154.258 Amendments
154.259 Completion
154.260 Site improvements
154.261 Construction
154.262 Maintenance of common open space
154.263 Homeowners' association
Administration
154.300 Performance standards
154.301 through 154.309 reserved for future expansion
154.310 Variances
154.311 through 154.319 reserved for future expansion
154.320 Conditional use permits
154.321 through 154.329 reserved for future expansion
154.330 Interim use permits
154.331 through 154.349 reserved for future expansion
154.350 Amendments
154.351 through 154.399 reserved for future expansion
154.400 Enforcement and violations
154.401 through 154.409 reserved for future expansion
154.410 Fees and licensing
154.999 Penalty
Cross-reference:
Erosion Control, see Chapter 155
Sign Regulations, see Chapter 156
Editor's note:
This chapter, including appendix, was established by Ord. 4, passed 8-23-2000, and
subsequently
amended. Since it was not possible to ascertain at codification which sections were
modified by
which ordinances, the amending ordinances are listed as follows: Am. Ord. passed
1-10-2001; Am.
Ord. passed 6-27-2001; Am. Ord. passed 8-22-2001; Am. Ord. passed 11-14-2001;
Am. Ord.
passed 8-14-2002. Amending Ord. 39 is set forth separately in Chapter 156.
GENERAL PROVISIONS
3
~ 154.001 TITLE; PURPOSE.
(A) This chapter shall be known as the City Zoning Ordinance, except herein
referred to as this chapter.
(B) It is the purpose of this chapter to:
(1) Protect and promote public health, safety and general welfare;
(2) Protect the natural resources in the city;
(3) Establish land use patterns and development regulations consistent with the
city comprehensive plan;
(4) Prevent overcrowding of land;
(5) Limit congestion and promote safety in the public rights-of-way;
(6) Prevent the premature demand of public services;
(7) Stage development consistent with the efficient provision of public utilities
and public services;
(8) Maintain the small-town character and quality of living in the community;
(9) Establish compatibility of land uses in the city to protect existing
investments and property values;
(10) Promote opportunities for cohesive and compatible business development;
and
(11) Establish guidelines and regulations to promote housing variety and quality
living environments.
~ 154.002 JURISDICTION.
The geographic jurisdiction of this chapter includes the entire area within the
corporate limits of the city. Land areas which may be added to the city by annexation,
merger or other means shall be classified R-l Rural Residential until the time that the
City Council may rezone the added territory to more appropriate classification.
~ 154.003 APPLICATION.
Where the conditions imposed by any provisions of this chapter are either more or
4
less restrictive than comparable conditions imposed by any other regulation, the
regulations which impose the higher standard or requirements shall prevail.
~ 154.004 SCOPE AND INTERPRETATION.
(A) Scope. No structure or part thereof shall be erected, converted, enlarged,
reconstructed, altered or moved without a permit approved by the city. No structure or
land shall be used for any purpose or altered in any manner that is not in conformity with
the provisions of this chapter. Unless otherwise noted, no structure permitted under this
chapter may be inhabited or occupied without a certificate of occupancy issued by the
city.
(B) Relationship to comprehensive plan. Interpretation and enforcement of the
provisions of this chapter are intended to be consistent with the implementation of goals,
policies and land use elements of the city comprehensive plan to the extent practical or
required by law. The application of or amendments to this chapter which are determined
to be inconsistent with the comprehensive plan shall require amendments to the
comprehensive plan, this chapter or both.
(C) Minimum requirements. In their interpretation and application, the provisions of
this chapter shall be held to be the minimum requirements for the promotion of the public
health, safety and general welfare.
(D) Use not identified. Uses not specifically identified in this chapter as permitted
shall be prohibited. Amendments to this chapter shall be required to allow any use which
is not clearly permitted.
(E) Accessory Uses. Accessory uses such as off-street loading areas, drainage ponds
and other drainage structures, and parking lots are prohibited in any zoning district when
the associated principal use is not located in the City Of Centerville.
(F) Deadline for actions. It is the intent of the city to comply with state
requirements for timely review and actions requiring formal approval by the city.
Information submissions and applications must be detennined by the city to be complete
before a timeline for action is initiated. In the event the city cannot act upon a request
within a 60-day time frame, the Councilor Administrator may grant the city an automatic
60 day extension of time and the administrator will notify an applicant in writing that the
action will be completed within 120 days of the date the application was accepted by the
city. In the event that multiple approvals are involved in any action, such as a site plan
review requiring a variance, conditional use. interim use or a zoning ordinance
amendment requiring a comprehensive plan amendment, each action shall require a
separate, independent timeline for action.
(G) Other ordinances. The city has enacted or may enact other ordinances that may
supplement or supersede this chapter, including but not limited to the subdivision chapter,
5
shoreland ordinance and the adoption of building codes. Users of this chapter should
contact the city to determine whether certain provisions in this chapter are affected by
other chapters or ordinances.
Cross-reference:
Building Code adopted, see S 150.01
~ 154.005 GENERAL INTERPRETATION.
For clarity and consistency in the understanding and application of this chapter, the
following shall apply, in addition to the provisions of S 10.02:
(A) Sentence construction or phraseology in the present tense, and similarly,
references in the future tense may include the present;
(B) The catch lines of the sections of this chapter are intended as mere catchwords to
indicate the content of the section, and shall not be deemed or taken to be titles of the
sections, nor be deemed to govern, limit, modifY or in any manner affect the scope,
meaning or intent of the provisions of any sections.
~ 154.006 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning. Other words not included in
this section shall have the meaning defmed in Minnesota Statutes. Other words not so
defined shall have the meaning customarily associated with them.
ABANDONMENT. To cease or discontinue a use or activity without intent to
resume, but excluding temporary or short-term interruptions to a use or activity during
periods of remodeling, maintaining or otherwise improving or rearranging a facility, or
during normal periods of vacation or seasonal closure.
AB UTTING. Having a common border with, or being separated from a common
border by a right-of-way, alley or easement.
ACCESSORY BUILDING. A subordinate structure detached from but located on
the same lot as the principal structure, the use of which is incidental and accessory to that
of the principal structure.
ACCESSORY USE. A use incidental to and on the same lot as a principal use.
AGRICULTURE. The use of land for agricultural purposes, including farming,
dairying, pasturage, agricultural horticulture, floriculture, viticulture and animal poultry
husbandry and the necessary accessory uses for packing, treating or storing the produce;
provided, however, the operation of any accessory uses shall be secondary to that of
6
normal agricultural activities.
ALLEY. A public or private way permanently reserved as a secondary means of
access to abutting property.
ALTERATION. Any change, addition or modification in construction or occupancy
of an existing structure.
ALTERATION, STRUCTURAL. Any change in the supporting members of a
building or structure, such as bearing walls, columns, beams or girders; provided,
however, the application of any exterior siding to an existing building for the purpose of
beautifying and modernizing shall not be considered a STRUCTURAL ALTERATION.
ANTENNA. Any system of wires, poles, rods, reflecting discs, satellite dishes or
similar devices used for the transmission or reception of electromagnetic waves external
to or attached to the exterior of any building.
APARTMENT. A room or suite of rooms, including bath and kitchen facilities, in a
multiple-family building, designed for occupancy by a single family.
APARTMENT, ACCESSORY. An apartment that is secondary and incidental to a
principal use or building.
AREA IDENTIFICATION SIGN. A freestanding sign which identifies the name of
a residential subdivision, commercial or industrial development.
BASEMENT. A portion of a building located partly underground, having more than
50 percent of its floor-to-ceiling height below the average grade of the adjoining ground.
Split level, split entry and earth sheltered homes shall be construed to satisfy
BASEMENT requirements.
BLOCK. A tract of land bounded by streets, or a combination of streets, parks,
cemeteries, railroad rights-of-way, shorelines, waterways or corporate boundary lines of
the city.
BOARD. The Board of Appeals and Adjustments of the city.
BOA THOUSE. A structure designed and used solely for the storage of boats or
boating equipment.
BUILDABLE AREA. The space remaining on a zoning lot after minimum yard and
open space requirements have been met.
BUILDING. Any structure having a roof which may provide shelter or enclosure of
persons, animal or chattel, and when the structure is divided by party walls without
openings, each portion of the building so separated shall be deemed a separate .building.
7
~matted: Font: Not ltali~~
BUILDING COVERAGE. See lot coverage.
BUILDING LINE. The line, parallel to the street line, that passes through the point
of the principal building nearest the front lot line.
BUILDING, PRINCIPAL. See principal structure.
BUSINESS AREA. Any business activity which renders serVIce to other
commercial or industrial enterprises.
CERTIFICATE OF OCCUPANCY. Issued by the Building Official/Inspector of
the city upon satisfactory final inspection of dwelling unites) or commercial building(s).
CLEAR CUTTING. The indiscriminate removal of trees, shrubs or undergrowth
with the intention of preparing real property for nonagricultural development purposes.
This defmition shall not include the selective removal of non-native tree and shrub
species when the soil is left relatively undisturbed, removal of dead trees or normal
mowing operations.
CLINIC Any establishment where human patients are examined and treated by
doctors or dentists but not hospitalized overnight.
CLUB. Any establishment operated for social, recreational or educational purposes
but open only to members and not the general public.
CLUSTER HOUSING. The grouping of single-family dwellings within specified
areas while maintaining the same overall allowable density in that same area.
COMMERCIAL USE. An occupation, employment or enterprise that is carried on
for profit by the owner, lessee or licensee.
COMMISSION. The Planning and Zoning Commission of the city.
COMMISSIONER. A member of the Planning and Zoning Commission.
COMPREHENSIVE PLAN. A compilation of policy statements, goals, standards
and maps for guiding the physical, social and economic development of the city and
including a land use plan, a community facilities plan and a transportation plan which has
been prepared and adopted by the city.
CONDITIONAL USE. A use which, because of special problems of control,
requires reasonable limitations peculiar to the use for the protection of the public welfare
and the integrity of the comprehensive plan.
CONDITIONAL USE PERMIT. A permit, issued by the Council, in accordance
8
with procedures specified in this chapter as a flexibility device to enable the Council to
assign dimensions to a proposed use or conditions surrounding it after consideration of
adjacent uses and their functions and the special problems which the proposed use
permits.
CONTRACTOR'S YARD. An area where vehicles, equipment and/or construction
materials and supplies commonly used by building, excavation, roadway construction and
similar contractors are stored or serviced. The CONTRACTOR'S YARD includes both
areas of outdoor storage and areas confined within a completely enclosed building used
in conjunction with a contractor's business.
COVERAGE. That portion of a lot covered by principal and accessory use
structures.
CUL-DE-SAC. A local street, one end of which is closed and consists of a circular
turnaround.
DAYCARE FACILITIES. A state-licensed daycare facility, as defined in M.S.
Chapter 462, as may be amended.
DECK. A horizontal, unenclosed platform with or without attached railings, seats,
trellises or other features, attached or functionally related to a principal use or site.
DENSITY. The number of dwelling units permitted per net acre of land.
DEVELOPMENT. All structures and other modifications of the natural landscape
above and below ground or water, on a particular site.
DISTRICT. See zone.
DRIVE-IN ESTABLISHMENT. An establishment which accommodates the
patron's automobile from which the occupants may receive a service or in which
products purchased from the establishment may be consumed or business conducted in
the automobile.
DWELLING. A building or portion thereof that provides living facilities for one or
more families.
DWELLING, MULTIPLE. A detached, residential building containing three or
more dwelling units, including what is commonly known as an apartment building, but
not including group, row or townhouses.
DWELLING, SEASONAL. A dwelling not used for permanent residence and not
occupied for more than six months in each year.
DWELLING, SINGLE-FAMILY, ATTACHED (group, row and townhouses). One
9
of two or more residential buildings having a common or a party wall separating dwelling
units.
DWELLING, SINGLE-FAMILY, DETACHED. A residential building containing
not more than one dwelling unit entirely surrounded by open space on the same lot.
DWELLING, TWO-FAMILY. A building used exclusively for occupancy by two
families living independently of each other.
DWELLING UNIT. One or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by one family with separate
toilets and facilities for cooking and sleeping.
EASEMENT. The right of a person, government agency or public utility company
to use public or private land owned by another for a specific purpose.
ESSENTIAL SERVICES. Public and private utilities required by the resident and
working population.
FA9ADE. The exterior wall of a building exposed to a public view or that wall
viewed by persons not within the building.
FAMIL Y. An individual, two or more persons related by blood, marriage or
adoption, or a group of not more than five persons not so related, living together as a
single housekeeping unit using common cooking and kitchen facilities.
FENCE. Any artificially constructed barrier of any material or combination of
materials erected to enclose or screen areas of land.
FLOODPLAIN or FLOOD-PRONE AREA. Any land area susceptible to being
inundated by water from any source.
FLOODWAY. The channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the lOO-year flood without cumulatively
increasing the water surface elevation more than one foot at any point.
FLOODWA Y FRINGE. All that land in a floodplain not lying within a delineated
floodway. Land within a FLOODWAY FRINGE is subject to inundation by relatively
low velocity flows and shallow water depths.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of a
building or dwelling unit, measured from the exterior walls or from the centerline of
party walls separating buildings, excluding basements.
FLOOR AREA RA TIO. The total floor area on a zoning lot divided by the total site
area of the lot or parcel being developed.
10
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.
FRONT or FRONTAGE. That side of a lot abutting on a street or way and
ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary
sideline of a comer lot.
GARAGE, PRIVATE. Any accessory building or an accessory portion of a
principal building designed or used solely for the storage of motor vehicles, boats and
other personal belongings which are owned or used by the occupants of the building to
which it is accessory
GLARE. A sensation of brightness within the visual field that causes annoyance,
discomfort or loss in visual perfom1ance and visibility.
GRADE. The lowest point of elevation of the finished surface of the ground, paving
or sidewalk within the area between the building and the property line, or when the
property line is more than five feet from the building, between the building and a line five
feet from the building.
HEIGHT OF BUILDING. The vertical distance from the average elevation of the
finished grade at the front of the building to the highest point of the roof for flat roofs; to
the deck line of mansard roofs; and to the mean height between eaves and ridge for gable,
hip and gambrel roofs.
HOME OCCUPATION. An occupation, profession, activity or use that is clearly a
customary, incidental and secondary use of a residential dwelling unit and which does not
alter the exterior of the property or affect the residential character of the neighborhood.
HOTEL. A building occupied as more or less temporary abiding place of
individuals who are lodged with or without meals for compensation and in which there
are more than ten sleeping rooms usually occupied singly, and in which no provision is
made for cooking in any individual apartment.
IMPERVIOUS SURFACE. Any material that substantially reduces or prevents the
infiltration of storm water into previously undeveloped land. IMPERVIOUS SURFACE
shall include graveled driveways and parking areas.
INDUSTRIAL PARK. A planned, coordinated development of a tract ofland with
two or more separate industrial buildings. This development is planned, designed,
constructed and managed on an integrated and coordinated basis with special attention
given to on-site vehicular circulation, parking, utility needs, building design and
orientation and open space.
JUNK YARD. Land or structures used for the storage or keeping of junk, including
I I
scrap metals, or for the dismantling or wrecking of automobiles or other vehicles or
machinery, other than the storage of materials which is incidental or accessory to any
business or industrial use on the same lot.
KENNEL, COMMERCIAL. Any structure or premises on which five or more
domestic animals over six months of age are kept, owned, boarded, groomed, sheltered,
protected, bred or offered for sale or any other merchandising. Every COMMERCIAL
KENNEL shall be enclosed or fenced in a manner as to prevent the running at large or
escape of the domestic animal(s) confmed therein.
LIGHT MANUFACTURING. The processing and fabrication of certain materials
and products where no process involved will produce noise, vibrations, air pollution, fire
hazard or noxious emissions which will disturb or endanger neighboring properties.
LOT. A platted parcel of land intended to be separately owned, developed and
otherwise used as a unit.
LOT AREA. The area of horizontal plane bounded by the vertical planes through
front, side and rear lot lines.
LOT, CORNER. A lot abutting on and at the intersection of two or more streets.
LOT COVERAGE. Determined by dividing that area of a lot which is occupied or
covered by the total horizontal projected surface of all buildings, including covered
porches and accessory buildings, by the gross area of that lot.
LOT DEPTH. The average horizontal distance between the front and rear lot lines.
LOT, INTERIOR. A lot other than a comer lot.
LOT LINE. A line dividing one lot from another lot or from a street or alley.
LOT LINE, FRONT. On an interior lot, the lot line abutting a street; on a comer lot,
the lot lines abutting a street; on a through lot, the lot line abutting the street providing the
primary access to the lot; or, on a flag lot, the interior lot line most parallel to and nearest
the street from which access is obtained.
LOT LINE, REAR. The lot line not intersecting a front lot line that is most distant
from and most closely parallel to the front lot line. A lot bounded by only three lot lines
will not have a REAR LOT LINE.
LOT LINE, SIDE. Any lot line not a front or rear lot line.
LOT, MINIMUM AREA OF. The measurements of a lot computed exclusive of
any portion of the right-of-way of any public thoroughfare.
LOT OF RECORD. A lot which is part of a subdivision or plat, an auditor's
12
subdivision or a registered land surveyor a parcel of land not so platted, which has been
approved by the city or meets the following conditions:
(1) Was a separate parcel of record April 1, 1945 or the date of adoption of
subdivision regulations under Laws 1945, Chapter 287, whichever is later, or of the
adoption of subdivision regulations pursuant to a Home Rule Charter;
(2) Was the subject of a written agreement to convey entered into prior to that
time;
(3) Was a separate parcel of not less than two and one-half acres in area and
150 feet in width on January I, 1966;
(4) Was a separate parcel of not less than five acres in area and 300 feet in
width on July I, 1980;
(5) Is a single parcel of commercial or industrial land of not less than five acres
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;
(6) Is a single parcel of commercial or industrial land of not less than five acres
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; and
(7) Is a single parcel of residential or agricultural land of not less than 20 acres
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.
LOT, SUBSTANDARD. A lot or parcel of land that has less than the required
minimum area or width, as established by the zone in which it is located; provided that
the lot or parcel was recorded as a legally created lot on the effective date of the
ordinance codified in this chapter.
LOT, THROUGH. A lot having its front and rear yards each abutting on a street.
LOT WIDTH. The horizontal average distance between side lot lines, measured at
the required front setback line.
MANUFACTURED HOUSING. Single-family detached housing that is built to the
National Manufactured Housing Construction and Safety Standards Act of 1974, and
shall include structures known as manufactured homes or mobile homes.
MINERAL EXTRACTION. The extraction of soil, sand, gravel, rock or other such
13
material from the land.
MOBILE HOME. A dwelling capable of being transported by the provision of
wheels or on a flatbed truck and contains 200 square feet or more of living space with
utility installations, wiring and plumbing in conformance with local codes.
MOBILE HOME PARK. Any premises which has facilities to accommodate one or
more occupied mobile homes.
MOTOR FUEL STATION. An establishment where gasoline, diesel, kerosene,
motor oil and lubricants are sold or used in servicing motor vehicles and where usual
motor vehicle repairs and services are performed.
MOTOR VEHICLE. A self-propelled vehicle for personal or business use as
defmed in M.S. ~ 169.01, as amended.
NONCONFORMING STRUCTURE OR USE. A structure or use lawfully in
existence on the effective date of this chapter or any amendment thereto and not
conforming to the regulations for the district in which it is situated.
NURSING HOME or REST HOME. A licensed establishment having
accommodations for the continuous care of two or more invalid, infirm, aged
convalescent patients or disabled persons that are nonrelated.
OCCUPANCY PERMIT. Permission received by the city to use/occupy a premises.
OPEN SPACE. Any unoccupied land space open to the sky.
ORDAINED. To order by virtue of established authority.
ORDINARY HIGH WATER LINE (OHWL). A line delineating the highest water
level which has been maintained for a sufficient period of time to leave evidence on the
landscape. The ordinary high water mark is commonly that point where the natural
vegetation changes from predominantly aquatic to terrestrial.
PERFORMANCE STANDARD. A criterion established to control appearance,
noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, glare, heat,
waste and other potential impacts generated by or inherent in uses of land or buildings.
PLANNED UNIT DEVELOPMENT. A tract of land, which will contain two or
more principal structures, developed under unified ownership or control, the development
of which may be unique and of a substantially different character than that of the
surrounding area.
PLAT. The drawing or map of a subdivision prepared for filing ofrecord pursuant
to M.S. Chapter 505 and containing all elements and requirements set forth in applicable
14
local regulations adopted pursuant to M.S. ~ 462.358 and Chapter 505, as they may be
amended from time to time.
PRINCIPAL USE or PRINCIPAL STRUCTURE. The main use to which the
premises are devoted and the purpose for which the premises exist.
PRIVATE PROPERTY. Any real property within the city which is privately owned
and which is not a public property as defined in this section.
PUBLIC HEARING. An official public meeting, which notice has been published
in the official newspaper.
PUBLIC PROPERTY. Any street or highway that includes the entire width between
the boundary lines of every way publicly maintained for the purposes of vehicular travel,
and shaIl also mean any other publicly owned property or facility.
RECREATIONAL USE. Golf courses, tennis courts, driving ranges, archery ranges,
picnic grounds, boat-launch ramps, swimming areas, parks, wildlife and nature preserves,
game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges,
hunting and fishing areas, hiking, bicycling and horseback riding trails.
RECREA TIONAL VEHICLES. A mobile vehicle, including boats, used for
recreational purposes capable of being towed or being self-propeIled.
RESIDENTIAL FACILITY. A state-licensed residential facility, defined by M.S.
Chapter 462, as amended, serving six or fewer persons, in a single-family residential
district and no more than 16 persons in a multiple-family residential district.
RIGHT-OF-WA Y. A street, alley or easement pennanently established for the
passage of persons and vehicles, including the traveled surface of lands adjacent that are
formaIly dedicated to that usage.
SEMIPUBLIC USE. The use of land by a private, nonprofit organization to provide
a public service that is ordinarily open to some persons outside the regular constituency
of the organization.
SETBACK. The minimum horizontal distance between a lot line and a building line
or use.
SEWER SYSTEM. Pipelines or conduits, pumping stations, forcemain, and all other
construction devices, appliances or appurtenances used for conducting sewage or
industrial waste or other wastes to a point of ultimate disposal.
SHORE IMPACT ZONE. Land located between the ordinary high water level of a
public water and a line parallel to it at a setback of 50 percent of the structure setback.
SIGN. See Chapter 152 of this code of ordinances.
15
l
SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure or
other property that meets the criteria for eligibility to the National Register of Historic
Places or is listed in the State Register of Historic Sites, or is determined to be an
unplatted cemetery that falls under the provisions of M.S. S 307.08, as amended. A
historic site meets these criteria if it is presently listed on either register or if it is
determined to meet the qualifications for listing after review by the Minnesota State
Archaeologist or the Director of the Minnesota Historical Society. All unplatted
cemeteries are automatically considered to be SIGNIFICANT HISTORIC SITES.
STEEP SLOPE. Land where agricultural activity or development is either not
recommended or described as poorly suited due to slope steepness and the site's soil
characteristics, as mapped and described in available county soil surveys or other
technical reports, unless appropriate design and construction techniques and farming
practices are used in accordance with the provisions of this chapter. Where specific
information is not available, STEEP SLOPES are land having average slopes over 12%,
as measured over horizontal distances of 50 feet or more.
STORY. That portion of a building included between the surface of any floor and
the surface of the next floor above it, or if there is no floor above it, then the space
between the floor and the ceiling next above it.
STORY-HALF. That portion of a building under a gable, hip or gambrel roof, the
wall plates of which, on at least two opposite exterior walls, are not more than two feet
above the floor of the story.
STREET ACCESS. A public thoroughfare which affords the principal means of
abutting land.
STREET LINE. The legal line of demarcation between a street and abutting land.
STRUCTURAL ALTERATION. Any change in the supporting members of a
building or structure, such as bearing walls, columns, beams or girders; provided,
however, the application of any exterior siding to an existing building for the purpose of
beautifying and modernizing shall not be considered a STRUCTURAL ALTERATION.
STRUCTURE. Anything constructed or erected, the use of which requires a
location on the ground or attached to something having a location on the ground, or an
attachment to something having a fixed location on the ground; including, in addition to
buildings, billboards, carports, porches, decks and other building features, but not
including sidewalks, drives, swingsets, enclosed play structures under 50 square feet,
fences and patios.
SUBDIVISION. See subdivision chapter.
SUPPL Y YARD. A commercial establishment storing or offering for sale building
16
supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods.
SUPPL Y YARDS do not include the wrecking, salvaging, dismantling or storage of
automobiles and similar vehicles.
TOWNHOUSE. Single-family, attached units in structures housing three or more
continuous dwelling units, sharing a common wall, each having separate and individual
front and rear entrances; the structures being as of a row house type as distinguished from
multiple-dwelling apartment buildings.
TRA VEL TRAILERS. A mobile vehicle with wheels, designed for overnight living
or camping purposes, capable of being towed by a motor vehicle.
UNIT-MOBILE HOME PARK. A section of ground in a mobile home park of not
less than 7,500 square feet of unoccupied space in an area designated as the location for
one mobile home, off-street parking space for two automobiles and other uses considered
pertinent to the establishment and use of a mobile home residence as permitted by this
chapter.
(Ord. 25, passed 10-13-1976)
USABLE OPEN SPACE. A ground area on a lot, which is graded, developed,
landscaped or equipped or intended and maintained for recreation or leisure, available to
and usable by persons occupying a dwelling unit and their guests.
USE, PERMITTED. A use that is permitted in the district under which it is listed.
VARIANCE. The waiving by Board action of the literal provisions of the zoning
chapter in instances where their strict enforcement would cause undue hardship because
of circumstances unique to the individual property under consideration.
VEHICLE. Any vehicle which is self-propelled or designed to be pushed or pulled
and shall include but not be limited to automobiles, busses, motorbikes, motorcycles,
motor scooters, trucks, tractors, go-carts, golf carts, campers, trailers, boats, planes and
gliders.
VEHICLE, ABANDONED. Any vehicle as defined in this section, which does not
have lawfully affixed or attached thereto an unexpired state registration or license plate or
plates, or the condition of which is wrecked, dismantled, partiaJly dismantled,
inoperative, abandoned or discarded.
WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small
above-ground building or other improvement except stairways, fences, docks and
retaining walls which, because of the relationship of its use to a surface water feature,
reasonably needs to be located closer to public waters than the nonnal structure setback.
Examples of these structures and facilities include boathouses, gazebos, screen houses,
fish houses, pump houses and detached decks.
WETLAND. Lands transitional between terrestrial and aquatic systems where the
17
1-
water table is usually at or near the surface or the land or is covered by shallow water.
For purposes of this definition, WETLANDS must have the following three
characteristics:
(1) Predominance of hydric soils;
(2) Are inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support a prevalence of hydrophytic vegetation typically adapted
for life in saturated soil conditions; and
(3) Under normal circumstances support a prevalence of that vegetation.
YARD. A required open space on a lot which is unoccupied and unobstructed from
the ground upward, except as otherwise provided for herein. The measurement of a
YARD shall be construed as the minimum horizontal distance between the lot line and the
building line.
YARD, FRONT. A yard extending across the full with of the front lot between the
,side lot lines and extending from the front property line to the depth required in the yard
regulations of the district in which the lot is located. On a comer lot, both street frontages
shall be considered the front.
YARD, REAR. A yard extending along a side lot line between the front and rear
yard lot line, having a width as specified in the yard regulations for the district in which
the lot is located.
YARD, SIDE. A yard between the sideline of the lot and the nearest line of the
building and extending from the front yard to the rear yard.
ZONING DISTRICT. An area or areas for which the regulations and requirements
governing use, lot and bulk of buildings and premises are uniform.
GENERAL REGULATIONS
~ 154.015 LOT PROVISIONS.
(A) No lot of record shall be reduced in size below the district requirements in Table
Qpe ~f Appen~i~ A !~ thi~ (;h~p!eL _ _ . _ _ _ _ _ .
,
.. (]) Table One shall state aIlsetback that are.specifically set forth..by a provision /I(
of this Code. otherwise ..all setback which are not defined by_ this Code ..are goverl1ed !'y /
the Building Code.
--- ------ ---- -- -- --- ---
(2) The minimum size of any residential building shall either be the ..ground floor~ _ .
18
{ Deleted: 0 J
{ Formatted: Font: Times New Roman J
J Formatted: Font: Times New Roman 1
{ Formatted: Font: Times New Roman J
"" I{ Formatted: Font: Times New Roman J
I { Formatted: Font: Times New Roman J
Formatted: Font: (Default) Times
I New Roman, 12 pt
Formatted: Tabs: Not at 0" + 0.3"
I + 0.6" + 0.9" + 1.2" + 1.5" +
1.8" + 2.1" + 2.4" + 2.7" + 3" +
3.3" + 3.6" + 3.9" + 4.2" + 4.5" +
4.8" + 5.1" + 5.4"+ 5.7" + 6" +
6.3" + 6.6" + 6.9"
Formatted: Font: (Default) Times
New Roman, 12 pt
square footage as stated in Table One,pr a minimum of 1,650 finished square feet for the
total structure., whichever is greater at the time when the)uilding permit is issued:. _. _. .
-~--
(B) An existing lot of record shall be deemed a buildable lot even though the lot area
and/or dimensions are less than those required for the district, provided as follows:
(I) Evidence must be presented that the lot in question met minimum
requirements for the division of property under ordinance regulations in effect at the time
of the division of property;
(2) It fronts on a public street; and
(3) The lot is within 70 percent of the minimum lot area and lot width required.
(C) If two or more lots are in single ownership and if all or part of the lots do not
meet the width and area requirements of this chapter, the contiguous lots shall be
considered to be an undivided parcel for the purpose of this chapter.
Cross-reference:
Lot provisions for subdivisions, see j 153.19
~ 154.016 NONCONFORMING USES AND STRUCTURES.
Any structure or use existing upon the effective date of the adoption of this chapter
which does not conform to the provisions of this chapter may be continued, subject to the
following conditions:
(A) The nonconforming use is not expanded or enlarged, except in conformity with
the provisions of this chapter;
(B) If a nonconforming use is discontinued or a nonconforming structure is
abandoned for a period of 12 months, further use of the structure or property must
conform to this chapter;
(C) If a nonconforming use is replaced by another use, the new use shall conform to
this chapter;
(D) If a nonconforming use or structure is damaged by any cause to the extent that
repair or replacement costs exceed 50 percent of the market value, the use or structure
may not be replaced or repaired except in conformity with this chapter;
(E) A structure that consists of a one-family or two-family dwelling that is a lawful
non-conforming use located in a Business District or Industrial District may, upon being
damaged to an extent exceeding 50 percent of its fair market value, be repaired to its
preexisting condition, provided that the non-conformity does not also include
inconsistencies with the regulations of food-plains or shoreland protection. If no building
19
I.
Formatted: Font: (Default) Times
New Roman, 12 pt
Formatted: Font: (Default) Times
New Roman, 12 pt
Formatted: Font: (Default) Times
New Roman, 12 pt
t Formatted: Font: Times New Roman ]
permit to repair the dwelling is issued by the City within six months of the date of the
event where damage occurs, then the lawful non-conforming use status shall cease and
the land shall be used only in conformity with the allowed uses in the District.
(0) Construction of one detached accessory building, not exceeding 200 square feet
will be considered an incidental alteration, and may be permitted in conjunction with a
legal, non-conforming use, provided its purpose is solely for storage and that setback, lot
coverage and other requirements of the district are complied with.
(H) Construction of an uncovered deck or porch, not exceeding 100 square feet,
construction of fences and construction of above ground pools up to 15 feet in diameter
shall be considered incidental alterations, and may be permitted in conjunction with a
legal, non-conforming use, provided lot coverage and other requirements of the district
are complied with.
(Amended 5-24-06, 7-26-06).
~ 154.017 HOME OCCUPATIONS.
Home occupations in the city must meet the following criteria:
(A) Home occupations shall be conducted solely by persons residing in the residence
with the exception of no more than one additional nonrelated employee;
(B) All business activities and storage shall take place within the structure;
(C) There shall be no alteration to the exterior of the residential dwelling, accessory
building or yard that in any way alters the residential character of the premises;
(D) Conformance with the sign regulations as set forth in this code;
(E) The occupation shall not be visible or audible from any property line;
(F) The occupation may involve limited retail sale or rental of products on the
premises, provided all stock-in-trade is completely enclosed in the principal structure.
Retail merchandise may not constitute more than 50 percent of the principal structure
square footage;
(0) Unless completely enclosed within an approved structure, no vehicle used in the
conduct of the occupation shall be parked, stored or otherwise present at the premises
other than as is customarily used for domestic or household purposes;
(H) Only on-site off-street parking facilities typically associated with a residence
shall be used; and
20
(1) The conduct of an occupation or the use of substances which may be hazardous
to or in any way jeopardize the health, safety or welfare of neighbors and neighboring
property shall not be permitted.
Cross-reference:
Outside storage as nuisance, see $ 9 I
~ 154.018 SINGLE-FAMILY DWELLING REQUIREMENTS.
All single-family detached dwellings shall be constructed according to the following
minimum standards:
(A) All dwellings shall have a minimum width of24 feet at the narrowest point, with
the exception of the M- I and M-2JJistrict~; _
(B) Metal siding, with exposed panels exceeding 12 inches in width, shall not be
permitted;
(C) All newly constructed single-family detached dwellings shall have attached
garages. Garages may not be converted to habitable space without replacing the required
garage;
(D) Single-family dwellings other than approved earth sheltered homes shall have at
least a 3/12 roof pitch and shall be covered with an approved roofing material; and
(E) All single-family dwellings shall have roof overhangs which extend a minimum
of one foot from all the walls of the structure.
Cross-reference:
See parking requirements of this chapter
~ 154.019 TEMPORARY DWELLINGS AND STRUCTURES.
(A) The use and occupancy of a tent, recreation vehicle or other temporary
dwellings for the purpose of living quarters is not permitted in the city, except as
approved by the City Council under special circumstances.
21
{Deleted: District and R-M
Co~ment: Add requirement fo':--I
continuous perimeter footing and 1
foundation. DL .
(B) Applications for temporary dwellings shall be made in writing to the
Administrator and it shall be the Administrator's duty to submit the application to the
City Council at the next regular meeting thereof. The City Council in its discretion shall
grant or deny the permit and may require, as a condition to the granting of the permit or
any renewal permit, that the applicant appear in person before the City Council and be
examined as to his or her plans for a permanent dwelling and other matters relative
thereto. Permits shall in no event be granted for a period in excess of 90 days. At the
expiration of the 90-day period, the owner or occupant of any trailer so placed upon the
premises in accord with this section shall immediately remove the same, unless prior to
the expiration of the 90-day period, the owner or occupant shall obtain from the City
Council a renewal permit. Application therefor may be made to the Administrator as in
the case of original permits, and must be submitted to the City Council prior to the
expiration of the original 90-day period. One renewal permit may be granted upon good
cause shown, but in no event shall a renewal permit be granted for a period in excess of
90 days and not more than one renewal permit shall be granted.
(Ord. 25, passed 10-13-1976)
(C) Temporary structures and trailers used in conjunction with construction work
shall be permitted only during the period that the construction work is in progress.
Permits for temporary structures shall be issued for a period not exceeding six months.
~ 154.020 PUBLIC UTILITIES REQUIRED.
All residential, commercial, industrial, public, institutional or other uses, which
include plumbing facilities, shall be connected to the public sewer and water system
when available.
~ 154.021 RELOCATED BUILDINGS OR STRUCTURES.
(A) No existing building or structure may be relocated anywhere in the city without
a permit. A permit for the relocation of any building or structure may not be issued
without site plan approval by the city.
(B) The Planning and Zoning Commission shall not recommend approval of a site
plan without certifying the following:
(1) The building or structure is compatible in appearance, age and character
with existing buildings and structures in the area;
(2) The building or structure meets all code requirements for new buildings or
structures;
(3) The building or structure is compatible with any other buildings or
structures existing on the same property; and
22
(4) The building or structure meets all other requirements of this chapter and
any other city ordinances.
~ 154.022 ACCESSORY STRUCTURES AND USES.
(A;) Accessory Structures-Residential Uses
-------------_.------------- -
- -{ Deleted: I
Q.) :Ko more than_ t\\'~ (icc_essory buildin_gs _ are l'eI1nitted on a~)1 ?ipg!e-fap1il)1, _ _ -( Deleted: A
detached dwelling parcel located in any district except R-l. Combined aggregate square
footage for accessory structures shall not exceed 200 square feet or 2% of the lot area,
whichever is greater.
(2J In no event may. the combj~ed square footage of accessory buildings. ~~ceed _ -{ Deleted: B
the square footage of the main level of the principal structure, except in the R -1 District.
(l)No accessory s.tructure maybe constructed on a parcel without a principal_ - -[ Deleted: C
structure.
(1,) No accessory structure shall be erected or located within any required yard { Deleted: D
other than the rear yard.
(2,) Accessory structures must have a minimum of a 5-foot interior side setback [ Deleted: E
and a 10foot rear setback. Where a rear or side yard abuts a street, an accessory building
shall be set back a minimum of 20 feet from the street property line. No structure may be
placed in an easement except bridges by written permit approved by the City Council.
(2.) In case an accessory structure is attached to the main building, it shall be [ Deleted: F
made structurally a part of the main building and shall comply in all respects with the
requirements of this chapter applicable to the main building.
(1,) An accessory building, unless attached to and made apart of the main ( Deleted: G
building, shall not be closer than 6 feet to the main building, except as otherwise
provided in this section.
(m The total area of an attached accessory building (garage) shall be no greater [ Deleted: H
than 1,500 square feet per level, but in no event may the garage space exceed the square
footage of the main floor of the dwelling.
(2.) Swimming pools may exceed the size requirements for accessory structures,
but shall not exceed 50% of the rear yard.
( Deleted: I
1
23
(JJ.l.,) The side V\fans_ ~(an_l1cc_essoI)' buil~inR shall not exceed lQ J~et_i!1_helght. ~eleted: J
and the overall height of the structure shall not exceed fifteen feet, except to match the
roof slope of the principal structure. This provision shall not apply to farm buildings
located in a R-l district.
(lJ..) Arl:l()r.s: !T~lI!ses, _ balconies, . breeze~ays, ope.ll. p()rcl1~s-,. de!ach~d outdoor i Deleted: K
living rooms, and heating equipment may be placed in a rear yard if it is at least fifteen
feet from the rear lot line and five feet from a side lot line, but may not be closer to a side
street property line than the principal structure.
(ru.J'.l~i!l1er_buildings with Illetal. ro.ofs.ll~<! ~)(te~i9~ ."'a1ls. and covering a. total. i Deleted: L
(exterior) area in excess of 120 square feet, nor any other buildings with metal roofs shall
be permitted in any residential or mixed use districts. Pole-type buildings and rigid frame
structures with membrane roof or sides, are also prohibited all zoning districts.
(lJ,) Building~. e.x.ce~ding. 120 sguare feet shall be anch()r~~. ~o .a (;oncrete -{ Deleted: M
floating slab foundation.
(lit 1'l1e. exterior color and design ofa_n_ ilc.c~~so!)' ~trl1cture shalI be similar to i Deleted: N
the principal structure.
cw. A.cr:;es~ory. structures! _ l1()fl-!esjclent~aj . lJSeS~ .1'l1e. . following standards shall (Deleted: 2
regulate the construction and maintenance of non-residential accessory structures:
(It All accessory . structur~s .sl1l1I1_b~. su.bje.c.t .t() . tl1~ same setback: hetgh! a!ld. _ . - i Deleted: A
exterior fmish regulations as a principal structure for the district in which it is located.
(Ord. 91, passed 3-8-2006, Amended 5-11-06, Amended ##-##-2008)
~ 154.023 SITE PLAN REVIEW REQUIRED.
(A) Review scheduling. For all land use applications or permit applications for
commercial or industrial structures, a site plan review is required by the Plannin" and
Zoning Commission. Application mat~rials must be sqbmitted at least five business days
before the Planning and Zoninu Commission meetinu to be considered at that meeting. If
staff determines that the application is complete. it will be placed on the aQenda.
(1) Boundary survey of parcel including identification of all monuments;
Deleted: Zoning Administrator or his or
her designee. The review shall take place
30 days prior to the desired Planning and
Zoning meeting. For example. if a
property owner desires to have a proposal
presented to the Planning and Zoning
Commission in May. the application and
site plan need to be presented to the
Zoning Administrator or his or her
designee the first week in April. ~
(B) Submittal requirements.
(2) Scaled location of all buildings, structures, driveways, sidewalk, trails,
parking stalls and curbing;
(3) Scaled identification of all setback dimensions from property lines;
24
(4) Scaled locations of all existing and proposed utilities and easements;
(5) Scaled depictions of floor plans for each story;
(6) Scaled depictions of each building elevation and descriptions of exterior
building materials and color schemes;
(7) Scaled site grading plans, including erosion and sedimentation control
mechanisms and procedures;
(8) Scaled delineations of any shoreland, floodplain or wetland areas on the
site;
(9) Identification of any floodplain or wetland encroachments and detailed
mitigation plans;
(l0) Detailed landscape plans, illustrating size, types and locations of all
materials, a description of site seeding or sodding, a description of the timetable for site
landscaping and the identification of any irrigation systems; and
(I I) Detailed descriptions of any site fencing, including type, location and
height. All plans shall be dated and bear the preparer's name(s), including professional
registrations or certifications when appropriate or required.
(C) Review requirements.
(1) For actions that will require city review, applicants shall submit three, sets of
site plans with a required application form and appropriate fees to the Administrator for
distribution. The City ma\ also require that plans be submitted in an acceptable electronic
format. Site plans will be evaluated for consistency with documentation requirements.
Upon acceptance of the application, site plans will be distributed to the appropriate city
entity for review and recommendation.
(2) Action to approve, modifY or deny site plan applications will be based upon
consistency of the application with the city's comprehensive plan, zoning chapter, other
policies and official controls and the compatibility of the proposed action with existing
area land uses, existing area investments and neighborhood character, capacity of public
streets and utilities and future planned land uses.
25
L__ __ _ _ _ _ _
~--~ ---I
Deleted: 16 I
--,--"_._~-~
(D) Exceptions. The city may waive certain submittal requirements for residential
variance applications, when it is determined that submittal requirements are not
applicable or are not necessary to complete a review of the proposed action. The city
may also waive certain submittal requirements for other actions, when site plan
information for the subject property has previously been submitted to the city and may be
more appropriately supplemented with new information.
(Amended ##-##-2008)
~ 154.024 FINAL GRADING AND LANDSCAPING.
Lots in all districts shall be subject to the following:
(A) No occupancy permit shall be issued until the lot upon which the structure is
constructed is brought to finished grade as specified except during inclement weather an
escrow shall be deposited with the city as approved in the fee schedule; and
(B) Prior to issuance of the occupancy permit, the lot shall be landscaped in a
manner which prevents erosion due to wind or water. Extensions may be granted at the
Building Official's discretion.
~ 154.025 BUILDING NUMBERS.
(A) Numbers required. It shall be the duty of the owner, lessee or occupant of every
house, industrial, commercial or other building to have proper house or building numbers
either by affixing to the building numbers in metal, glass, plastic or other durable
material. The numbers shall not be less than six inches in height, in a contrasting color to
the base, and so placed to be easily seen from the street.
(B) Alternative display. In those cases where the principal building is obscured
from view from the street of address by accessory buildings, trees, shrubbery or other
visual obstruction, the numbers shall be displayed from a permanent mounting on the
property so that they are clearly visible from the street of address.
DISTRICTS AND USE REGULA TIONS
~ 154.035 GENERAL PROVISIONS.
26
(A) Zoning map. A map entitled Centerville Zoning Map is hereby adopted by
reference and declared to be part of this chapter as the official zoning map. This map
shall be on permanent file and available for public inspection in the City Hall. It shall be
the responsibility of the Administrator to maintain and keep the map up to date and to
record each amendment thereto within 30 days after official publication of the ordinance
adopting the amendment.
(B) Interpretation of the zoning map. Where due to the scale, lack of detail or
illegibility of the zoning map attached hereto, there is an uncertainty, contradiction or
conflict as to the intended location of any zoning district boundary as shown thereon, the
Zoning Administrator shall make an interpretation of the map upon the request of any
person. Any person aggrieved by the interpretation may appeal the interpretation to the
Board of Appeals and Adjustments. The Board of Appeals and Adjustments, in
interpreting the zoning map or deciding any appeal, shall apply to the following
standards:
(I) Zoning district boundary lines are intended to follow lot lines, or be parallel
or perpendicular thereto, or along the centerlines of streets, rights-of-way or
watercourses, unless the boundary lines are fixed by dimensions shown on the zoning
map;
(2) Where zoning district boundary lines are so indicated that they
approximately follow lot lines, the lot lines shall be construed to be the boundary lines;
(3) Where a zoning district boundary line divides a lot, the location of any
zoning district boundary line, unless indicated by dimensions shown on the zoning map,
shall be determined by the use of the map scale shown thereon; and
(4) If, after the application of the foregoing rules, uncertainty still exists as to
the exact location of a zoning district boundary line, the boundary line shall be
determined in a reasonable manner, considering the history of uses of the property and
the history of zoning ordinances and amendments in the city as well as other relevant
facts.
(C) Establishment of districts. For the purpose of this chapter, the city is hereby
divided into the following zoning districts:
(I) R- I Rural Residential;
(2) R-2A High-Density Single-Family Residential;
(3) R-2 Single-Family Residential;
(4) R-4 Single-Family Manufactured Housing;
(5) R-5 Single-Family Residential - Estate;
27
IL
(!i.) ]3-1 _Co}l1m~l"cial; .
(1,) ]-1 Indu~trial P~r1<; .
(~,t pool P~~li~/!ns!ihJtion_a!~ _ _ .
(.'D _ M-l Iylixed_ U~e.: ap9. _ _ _ _ _ _ __
(IO) M-2 Mixed Use Neighborhood District.
~ 154.036 RURAL RESIDENTIAL DISTRICT (R-l).
(A) Purpose. The purpose of the R-1 District is to allow agricultural activities and
nonsewered residential dwellings as interim uses of the land. The city has limited vacant
land for development and all land in the city is planned for eventual urban uses. Because
of the limited duration anticipated for agricultural uses in the city and the
incompatibilities which often exist between agricultural and nonagricultural uses,
permitted uses in the R-1 District will not reflect intensive commercial agricultural uses.
(B) Permitted uses.
(1) Single-family detached dwellings at a density not exceeding one home per
ten acres;
(2) Residential accessory uses and home occupations;
(3) Crop production and vegetable gardening;
(4) Produce stands for products raised on the premises;
(5) Tree nurseries and sod farms; and
(6) Horses, livestock and fowl, not exceeding a density of one horse or
livestock animal per acre or three fowl per acre.
(C) Special requirements. Agricultural uses are permitted in the R-I District subject
to the following requirements:
(1) Feed lots, runs, pens and similar intensively used facilities for animal
raising and care shall not be located within 300 feet of a neighboring property; and
(2) Accessory farm buildings shall not be erected within 100 feet of a
neighboring property.
28
Deleted: (6) R-M Mobil Home
Park Districl;~
. - .. i Deleted: 7
-{ Deleted: 8
- -~:.
, -
1 Deleted: 9
t Deleted: and
{ Deleted: 10
.{ Deleted: .
, i Deleted: ~
Formatted: Justified, Tabs: 0.77",
Right + Not at 0.6"
... - .
~ 154.037 HIGH-DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT (R-
2A).
(A) Purpose. It is intended that the R-2A District provide for higher-density single-
family detached, attached and multiple-dwelling opportunities in areas where public
utilities are available and required for service. The design and circulation of new
residential areas are also intended to be complementary with and enhance the
community's small-town atmosphere.
(B) Permitted uses and structures.
(I) Single-family detached dwellings;
(2) Single-family attached dwellings with more than four dwelling units per
building;
(3) Accessory uses;
(4) Public parks and recreation uses;
(5) Daycare facility;
(6) Residential facility; and
(7) Home occupations.
(B) Conditiona~uses.
(1) Apartments or condominiums at a density not exceeding 12 units per acre.
~ 154.038 SINGLE-FAMILY RESIDENTIAL DISTRICT (R-2).
(A) Purpose. It is intended that the R-2 District provide for lower-density traditional
single-family detached dwelling opportunities in areas where public utilities are available
and required for service. The design and circulation of new residential areas are also
intended to be complementary with and enhance the community's small-town
atmosphere.
(8) Permitted uses and structures.
(1) Single-family detached dwellings;
(2) Single-family attached dwellings with two units;
29
( Deleted:
(3) Accessory uses;
(4) Public parks and recreation facilities;
(5) Daycare facility;
(6) Residential facility; and
(7) Home occupations.
~ 154.039 SINGLE-F AMIL Y MANUFACTURED HOUSING DISTRICT (R-4).
(A) Purpose. It is intended that the R-4 District provide for high-density single-
family, -tletach(:d ~e~id_enti(tl oppo!iUnities jn ~rea~ \\Iher~ Pll},lic_ utilities an~ a\,ailable and _ - { Deleted: attached and
required for service. The design and circulation of new residential areas are also intended
to be complementary with and enhance the community's small-town atmosphere.
(B) Permitted uses and structures.
(1) Single-family detached dwellings;
t'. ~ ___
(2.t Ac_ce~soI)' use_s; _
(J.) Ful'lic pa~ksapd !~cre(ttion fas:ilities~ _ _
(1) paycare f~cili!y;_
().) Residential facility;_and
(2,) Home occupations.
- ~-- ----~------ ---
(C) Special requirements. Manufactured homes are permitted in all residential
districts if they meet the design criteria for those districts. All other manufactured homes
shall be located only in designated manufactured home districts which meet the
requirements ofthis chapter. The general intent of this district is to provide for
manufactured housing in subdivided developments, in safe, attractive residential
neighborhoods with all urban services and desired amenities as other residential areas._
(I) Manufactured homes shall not be parked on any public street or on any tract.,
of land except as provided in this section. Emergency or temporary stopping or parking ,
is permitted on a public street for not longer than three hours subiect to any other and
further prohibitions. regulations or limitations imposed by the traffic and parking
30
J
/ Deleted: (2) Single-fumilyattached
'" dweJlings with four units or Jess;
. { Deleted: 3
/ { Deleted: 4
/ {Deleted: 5
A. Deleted: 6
{ Deleted: 7
Deleted: . No person shall erect,
establish, extend or enlarge a
manufactured housing
developmentwithin the limits of the city
without first obtaining site plan approval
from the City Council upon receipt of the
recommendation ofthe Planning and
Zoning Commission. Approval shall be
granted only upon compliance with all
the following: ~
~
(1) Compliance with all otherterms
of this zoning chapter; \1
~
(2) Compliance with all the terms of
Chapter 153; and\1
~
(3) The proposed development must
be located in the city's urban service area
as shown in the comprehensive
development plan, and must be served by
public utilities as approved by the city.
Formatted: Don't keep lines
together, Tabs: 0.3", Left + 0.6",
Left + Not at 0.5Z" + 0.65"
regulations or ordinances for that public street~ _ _ .. _ _ _ _ _ _ .. _ _ .. _ _ . _ _ _ _ . _ . _ _
(2) No more than one manufactured homeJllay be located on any singleparcel
of land.
(3) The manufactured home bottom shall be fonstructedon a continuous
perimeter footing and foundation l11eetinf.! the requirements of the Building Code for
residential structures.
(D) Planned Unit Develof]/J1ent Required. No person shall erect establish. extend or
enlarge a manufactured housing development. park. or cooperative within the limits of
the city without first obtaining approval as a planned unit development from the Citv
Council upon receipt of the recommendation of the Planning and Zoning Commission.
Approval shall be granted only upon compliance with all the following:
(I) Compliance with all other terms of this zoning chapter:
(2) Compliance with all the terms of Chapter 153: and
(3) The proposed development must be located in the city's urban service area
as shown in the comprehensive development plan. and all manufactured homes must be
individuallv served by public utilities as required for all new residential dwellings.
~ 154.040 SINGLE-FAMILY RESIDENTIAL - ESTATE DISTRICT (R-5).
(A) Purpose. It is intended that the R-5 District provide for low-density traditional
single-family residential where public utilities are available and required for service. The
design and circulation of new residential areas are also intended to be complementary
with and enhance the community's small-town atmosphere.
(B) Permitted uses.
(l) Single-family detached dwellings;
(2) Accessory uses;
(3) Public parks and recreation uses;
(4) Daycare facility;
(5) Residential facility; and
(6) Home occupations.
~~ 154.041 THROUGH 154.049 RESERVED FOR FUTURE EXPANSION.
31
{ Deleted: ~ ]
( Deleted: made _------.J
( Formatted: Highlight ----=:J
Comment: We should require a
permanent foundation for manufactured
homes located in typical residential
districts. DL
f Deleted: enclosed with a commercially 1
produced fireproof material of the same I
color, material and configuration as the I
manufactured home itself The enclosure
shall cover from the frame or bottom of I
l the chassis of the manufactured home to
the concrete pad or ground -.------J
Inserted: enclosed with a
commercially produced fireproof material
of the same color, material and
configuration as the manufactured home
itself The enclosure shall cover from the
frame or bottom of the chassis of the
manufactured home to the concrete pad
or ground
~matted: Highlight
I
. ----------'
,,-- - - - - - - - - - - - - - - - - - ---
,-- -- - -- -- -- -- -------- -- -- -- -----,-- ---
~~ !~4.95~ ANQ 15~.052 RJ<:SJ!:!l.VF:DXO~ Fl]'fUJ!E J<:X-r~N_S)O~.
~ 154.060 COMMERCIAL DISTRICT (B-1).
(A) Purpose. It is intended that the B-1 District provide opportunities for retail and
service business uses which require larger development sites, highway visibility or
highway access.
(B) General minimum requirements. The following minimum requirements, as set
forth, shall apply to all buildings that may be erected, converted or structurally altered in
commercial districts.
(C) Off-street parking. Off-street parking shall be provided as required in this
chapter.
(D) Buffir zone between commercial and residential districts. Where a commercial
district abuts a residential district, any new development shall include a buffer zone.
There shall be a protective strip of not less than ten feet in width. This protective strip
shall contain no structures, shall not be used for parking, off-street loading or storage, and
shall be landscaped. The landscape treatment shall include a compact screen wall or
fence, but shall not extend within 15 feet of the street right-of-way. The planting or fence
design must be approved by the site plan review process. The site plan review process
requires review by the Planning and Zoning Committee and the City Council, as set forth
in this chapter.
(E) Screening requirements. If the City Council requires any type of screening as a
condition for a variance, conditional use, or interim .use permit, the applicant shall
comply with the following conditions: - - - - - - - - - - - - - - - -
(1) File a copy of the screening plans with the Zoning Administrator;
(2) The screening, planting or construction, or both shall be complete within
one year from the date of the building permit, subject to extension by the City Council;
and
(3) The screening shall be maintained after completion.
(F) Landscaping. A minimum often percent of any lot shall be green space. Three
percent of the surface area of the land within a parking area shall be landscaped with
grass and shrubbery or other approved ground cover. Landscaped areas will continue to
be maintained by the property owner on a continuous basis. Green areas within abutting
street rights-of-way will also be maintained by the property owner. Other requirements
32
Deleted: ~ 154.050 MOBILE HOME
PARK DISTRICT (R-M).~
~
(A) Mobile homes shall not be parked
on any public street or on any tract of
land except as provided in this sectjon.~
~
(B) Emergency or temporary stopping
or parking is permitted on a public street
for not longer than three hours subject to
any other and further prohibitions,
regulations or limitations imposed by the
traffic and parking regulations or
ordinances for that public street.~
Deleted: ~
~ 154.051 CONDITIONAL USE
PERMIT.~
~
(A) Application for a conditional use
permit to establish, construct and
maintain a mobile home park under the
provisions of this chapter shall be made
to the City CounciL~
~
(B) The application for a permit shall
be accompanied by four copies of the
mobile home park plan showing the
following, either existing or proposed:~
~
(I) The extent and area proposed for
mobile home park purposes;~
~
(2) Roads and drjveways;~
~
(3) Location of sites or units for
mobile homes;~
~
(4) Location and number of sanit",)'
conveniences;~
~
(5) Proposed disposition of surface
drainage;~
~
(6) Proposed street surfacing and
lighting;~
~
(7) Off-street parking;~
~
... I
Comment: Storm shelters governed by
Minn. Stat. Sec_ 327.205
Comment: Manufactured Home Parks
must be licensed by the Minn Dept of
Health, Minn. Stat. Sec. 327.16. This
includes construction and sanitation
I. standards.
Deleted: (0) All mobile homes shall
be owner-occupied.~
~
(P) Underground water facilities.
underground sewage disposal and street
lighting shall be installed and maintained
by the owner of the mobile home park
site and shall be constructed in
accordance with the laws of the state, the
I recommendations of the State
, Department of Health and the ordi ... 2
[ Deleted: special
are set forth in this chapter.
(G) Accessory Structures. Garages, accessory structures, screen walls, buildings and
exposed areas of retaining walls shall be of similar type, quality and appearance as the
principal structure. The height of an accessory structure shall not exceed the height of the
principal structure.
(H) Permitted encroachments. The following shall not be considered as
encroachments on setbacks subject to other conditions within this chapter: off-street
parking spaces, flues, belt course, leaders, sills, pilaster, lintels, cornices, eaves, gutters,
awnings, open terraces, service station pump islands, open canopies, steps, chimneys,
flagpoles, ornamental features, open fire escapes, sidewalks and fences, except as
hereinafter amended.
(I) Driveways.
(I) No driveway shall be located within 100 feet of any right-of-way line of a
street intersection. The distances shall be measured along the property line from the
comer right-of-way and county line.
(2) Access drive onto county roads shall require a review by the City Engineer.
This review shall be measured along the property line from the comer right-of-way and
county line.
(J) Refilse.
(1) Garbage and rubbish containers shall be placed at the rear of the premises or
in a manner as to be out of view from the street. In no event shall containers or their
enclosures be placed or maintained in a way to unreasonably interfere with the use or
enjoyment of adjoining property.
(2) All garbage containers shall be screened with a suitable enclosure.
(K) Permitted uses.
(l) Retail sales and service, but excluding adult-oriented businesses;
(2) Daycare centers;
(3) Hotels and motels;
(4) Full service gasoline sales and service;
(5) Eating and drinking establishments;
(6) Financial institutions;
33
(7) Personal and professional business offices;
(8) Public buildings;
(9) Barber/beauty salons;
(10) Commercial schools;
(11) Hospitals and clinics;
(12) Nursing homes;
(13) Commercial recreation;
(14) Car washes; and
(15) Liquor stores.
(L) Conditional uses.
(1) Automobile and motorized equipment sales and service, excluding salvage
operations;
(2) Farm implement sales and service;
(3) Building supply sales and storage yards;
(4) Funeral homes and mortuaries;
(5) Animal clinics.
(M) Commercial exterior building materials.
(1) Except as otherwise regulated herein, the exterior wall surfaces of all new
or expanded commercial buildings shall consist of face brick, finished block or other
textured masonry product approved by the Planning and Zoning Commission.
(2) Exceptions to all masonry exteriors may be considered and approved by the
Planning and Zoning Commission, provided the following fmdings are met:
(a) The combination of exterior materials is used as an architectural
complement to the structure;
(b) The combination of exterior materials used is not inconsistent with the
quality and appearance used on similar buildings in the same zoning district or
34
neighborhood;
(c) Site conditions limit public exposure to certain exterior surfaces where
masonry products are not proposed; and
(d) An exterior wall may be temporary and a future expansion area of a
structure and be subject to removal or redesign as an interior wall.
(3) Buildings are required to have contrasting architectural features and must be
designed to be aesthetically pleasing.
~ross-reJference:
Setbacks, see Appendix A, Table 1, Schedule of District Regulations Lot and Yard
Requirements
fligns, see Chapter 15':.
~~ 154.061 THROUGH 154.069 RESERVED FOR FUTURE EXPANSION.
~ 154.070 INDUSTRIAL DISTRICT (1-1).
(A) Purpose. It is intended that the 1-1 District provide opportunities for light
manufacturing and industrial uses, trade businesses, machine shops and other more
extensive land uses.
(B) General minimum requirements. The following minimum requirements, as set
forth herein, shall apply to all buildings that may be erected, converted or structurally
altered in industrial districts.
(C) Setbacks. Specific setbacks are set forth in Appendix A, Table 1, District
Regulations Lot and Yard Requirements. In addition, side yards facing streets on comer
lots shall be considered the same as front yards. Where a front yard or side yard of a
comer lot faces a residential district across a street, the setback from the street shall be
not less than 60 feet.
(D) Off-street parking. Off-street parking shall be provided as required by this
chapter. All open street parking areas having more than six parking spaces shall be
effectively screened by a wall, fence of acceptable design or compact hedge along all
sides which adjoin or are directly across the street from the property in a residential zone
or institutional use. The wall, fence or hedge shall be maintained in good condition.
Plans for fencing shall be approved by the City Council. The fence shall not be used for
advertising purposes;
(E) Buffer zone between industrial and residential districts. Where the side yard of
any industrial district abuts a residential district, the minimum side yard setback shall be
60 feet. Parking of vehicles will be permitted within 40 feet of the side yard line. All
side yard areas not utilized for parking shall be landscaped with screening provided along
the side lot line to within 15 feet of any public right-of-way.
35
Ln _ _ _
'Comment: 152 Shouldn't this read
: 154, not 152?
(Fo;~atted: Hi~hlight ]
( Deleted: 4 ~
( Inserted: ./ ]
~matted: Highlight 1
(F) Screening requirements. If the City Council requires any type of screening as a
condition for a variance or, conditional use, interim use or .special use permit;, the
applicant shall comply with the following conditions:
(1) File a copy of the screening plans with the Zoning Administrator;
(2) The screening, planting or construction, or both shall be complete within
one year from the date of building permit, subject to extension by the City Council;
(3) The screening shall be maintained after completion; and
(4) A dollar amount of one and one-half times the estimated cost of planting
and construction of the screening shall be filed with the city in the form of a cash escrow
or letter of credit. The cash escrow or letter of credit amount shall be forfeited to the city
if any provisions of this section are violated.
(0) Landscaping. A minimum often percent of any lot shall be green space. Three
percent of the surface area of the land within a parking area shall be landscaped with
grass and shrubbery or other approved ground cover. Landscaped areas will continue to
be maintained by the property owner on a continuous basis. Green areas within abutting
street rights-of-way will also be maintained by the property owner. Additional
landscaping regulations are set forth in ~ 154.1 ] 6.
(H) Accessory structures. Garages, accessory structures, screen walls and exposed
areas of retaining walls shall be of similar type, quality and appearance as the principal
structure. Accessory structures shall comply with other requirements of this chapter.
(I) Permitted encroachments. The following shall not be considered as
encroachments on setbacks subject to other conditions within this chapter: off-street
parking spaces, flues, belt course, leaders, sills, pilaster, lintels, cornices, eaves, gutters,
awnings, open terraces, service station pump islands, open canopies, steps, chimneys,
flagpoles, ornamental features, open fire escapes, sidewalks and fences, except as
hereinafter amended.
(1) Driveways.
(1) No driveway shall be located within 100 feet of any right-of-way line of a
street intersection. This distance shall be measured along the property line from the
comer right-of-way line.
(2) Access drives onto county roads shall reqUIre a revIew by the City
Engineer.
(K) Refuse.
36
----,
Comment: Special use permits are no
longer in the code. DL
~atted: Highlight
(Formatted: Highlight
(I) Garbage and rubbish containers shall be placed at the rear of the premises or
in a manner as to be out of view from the street. In no event shall containers or their
enclosures be placed or maintained in a way to umeasonably interfere with the use or
enjoyment of adjoining property.
(2) All garbage containers shall be screened with a suitable enclosure.
(L) Loading facilities. Loading facilities shall be on the side of rear yards. When
adjacent to and/or visible from any public street, the facilities must be adequately
screened.
(M) Storage. For the purpose of this zoning district, car, vans and pickup trucks
parked outside and used by employees and/or visitors in the normal course of the
business operation will not be construed to be outdoor storage. Further, outside parked
trucks and semi-trailers used in the normal business commerce will not be construed to be
outdoor storage:
(1) Provided that the total number of trucks and semi-trailers does not exceed
the number of docks and/or bay doors; and
(2) This use is not construed as an operation listed as a conditional use in any
industrial zone.
(N) Permitted uses.
(l) Business and professional offices;
(2) Machine and repair shops;
(3) Construction trade offices and yards;
(4) Manufacturing, warehousing, distribution, processing, packaging, assembly
and research uses, except waste management;
(5) Indoor shooting/archery range and sales;
(0) Conditional uses.
(l) Truck terminals;
(2) Mini-storage;
(3) Kennels;
(4) Adult and Sexually oriented businesses as further regulated in this code.
37
L_______
(P) Industrial exterior building materials. Industrial buildings are required to be
constructed of brick, decorative block or approved textured masonry product. Pole barn
type buildings are not allowed. Buildings are required to have contrasting architectural
features and must be designed to be aesthetically pleasing.
Cross-reference:
pigns, see Chapter 152.
Adult business licensing, see Chapter 110
~~ 154.071 THROUGH 154.079 RESERVED FOR FUTURE EXPANSION.
~ 154.080 PUBLIC/INSTITUTIONAL DISTRICT (P-l).
(A) Purpose. It is intended that the P-I District provide opportunities for
government facilities, schools, churches, hospitals, libraries and other similar public and
institutional uses.
(B) Permitted uses.
(l) Government buildings, structures, facilities, utilities, rights-of-way,
easements, parks, open spaces and vacant land; and
(2) Schools, churches, cultural and educational facilities and uses, libraries,
hospitals and health facilities.
38
l~ormatted: Highlight
1 Deleted: 6
lFormatted: Highlight
)
)
)
~
SS 154.081 THROUGH 154.089 RESERVED FOR FUTURE EXPANSION.
154.090 MIXED USE DISTRICT (M-l).
(A) Purpose. It is intended that the M-I District implement the "Master Plan and
Development Guidelines for Downtown Centerville," adopted by the City Council on
January II, 2006 (the "Redevelopment Plan"), and provide for the unique layout and
character of a traditional central business district with retail, professional office,
accessory residential and other mixed uses.
(B) Permitted uses.
(1) Retail sales conducted within structures, but excluding automobile and
motorized equipment sales, truck stops, gasoline and fuel sales and drive-through
restaurants;
(2) Repair and service conducted within structures, but excluding automobile
and motorized equipment repair;
(3) Professional, business, and health care offices;
(4) Residences above the first floor;
(5) Theaters and recreational businesses conducted within structures; and
(6) Public parks and buildings.
(C) Special requirements. The following special requirements are intended to
implement the Redevelopment Plan, which is incorporated herein by reference.
(I) Existing uses that are not in conformance with this section may not be
expanded, but may continue as nonconforming uses. These nonconforming uses may be
repaired and maintained and are allowed minor improvements that do not expand the use.
(2) In making decisions about land use compatibility and dimensional criteria
for uses and structures, the City shall have broad discretion to protect the public health,
safety and welfare; and to protect the integrity of the M-I District and surrounding
residential neighborhoods. Redevelopment of any parcel shall be accomplished by
submitting application as a Planned Unit Development.
(Amended 5/1 0/06)
39
(3) In making decisions about land use compatibility and dimensional criteria for uses
and structures, the City shall have broad discretion to protect the public health, safety and
welfare; and to protect the integrity of the M-2 District, adjacent M-l District and
surrounding residential neighborhoods. Redevelopment of any parcel shall be
accomplished by submitting application as a Planned Unit Development.
(4) Driveway access to any use shall not be permitted from Centerville Road or
Main Street but rather planned side streets and alleys must be used for such access.
(5) The architectural design and exterior building materials used in connection
with any new or expanded use or structure shall be consistent with any architectural
design or aesthetic control requirements established by the Redevelopment Plan. The city
will engage the services of a consultant architect to assist with the review. The cost of
such services may be charged to the applicant.
(6) Stonnwater management will be accomplished through regional storm water
facilities. Construction of the storm water facilities may be accomplished through
coordinated private improvements and public improvements, and maintenance of the
storm water facilities may be accomplished through district-wide assessments and user
fees. Individual storm water improvements that are not part of the planned regional
stormwater management facilities are not permitted in the M-2 District.
(Enacted 5/1 0106)
~~ 154.092 THROUGH 154.109 RESERVED FOR FUTURE EXPANSION.
~ 154.110 FENCES.
(A) General regulations.
(1) All fences shall be located.,a minimum o1't\\o feet from any property line of
the fence owner unless the owner of the adjoining property agrees, in writing, that the
fence may be erected on the property line of the respective properties. This agreement
shall be submitted at the time of building permit application. .
(2) Fences shall be located a minimum of two feet tj'om a property line-
adioining a street riuht of wav and m8Y not be located in any drainage or util it\ easement
except where perm ission has been uranted by the City through an encroachment
agreement.
(3) No fence other than a decorative fence may be constructed in a front Yarc~
As used herein, the term DECORATIVE FENCE means a wrou!!ht iron fence. wood or
viml vertical post and wood or viml horizontal rail fence with no more than three rails or
a wood or viml picket type fence with at least two inches of open space between each
picket. All decorate fences shall havoe at least 40% of the surface area of the feJlfe opell.
40
( COmment: M-2 is missing. DL
,---
L Deleted: entirely upon the property
Deleted: If the adjoining property 1
owner does not agree to the erectionUf
the fence, the fence shall be set back a
minimum of two feet from all lot lines.
( Formatted: Justified J
Deleted: along the side lot lines o~
residential lot between the street and the [
front extension of the dwelling hous~
(.4) No residential fence may exceed six feet in height and no decorative fence
in the front yard may exceed 36 inches in height _
a. Where a corner lot abuts an adiacent property's front yard. the fence-
shall be set back a minimum of 10 feet tl'om the adioininu propel1\
line. unless the fence is a decorative fence not exceedinu three feet in
heiuht.
b. Residential corner lots shall onlv have one [i'ont yard for the purpose
of fences and that shall be the side that has the t1'on( entrance to thc
home.
c. In no event shall allv fence be closer thall fifteen feet to a curb or street
pavement.
d. .Anv tence that isnot a decorative fenceshall beset back behind a line-
between a point ten feet behind the outermost front corner of the
principal structure and the nearest point on the adioining side property
line.
T
Q) All fences shall be constructed and maintained in a substantial,
workmanlike manner and of materia] reasonably suited for the purpose for which the
fence is proposed to be used. Every fence shall be constructed so that the side containing
the framing supports and cross-pieces face the interior of the fence owner's lot. Any
fence which does not comply with the provisions of this section or which endangers the
public safety, health or welfare shall be considered a public nuisance.
(B) Snow-stop fencing. Snow-stop fencing may be used from November.J. to Apri]
] in R.I Districts. No permit shall be required for snO\I stop fencinu.,.
(C) Electric and barbed wire fence. Electric fences, hog wire fencing, barbed-wire
fencing and similar fencing will not be allowed, except in the R-l District and then may
only be used in coniunct with agricultural activities.
(D) Visual obstructions. No fence may be erected which creates visual obstructions
at any intersection, alley, driveway or street for safe vehicular, bicycle or pedestrian
movement.
(E) Swimming pool fencing. No permanent private swimming pool with a water
depth exceeding 24 inches may be allowed, unless enclosed by a permanent wall or fence
not less than four feet in height with self-closing door and self-closing ]atch.~
sllil1lmini.! pool shall be considercd permancnt if it has a connccted Ilater supph. a drain
conncction or electr'ical connection II here am of these require an electrical. mcchanical.
plumbini.! or buildinl'. pcrmit under the Minnesota Buildinl'. Code.
(1-') Feneini.! in cOllllllcrcial industrial zoninL'. districts shall not e.\eced eii.!ht fcet in
hedll. Fenccs. e.\ccpt dccorative fenccs not c"ccedini.! three fcet in heiuht. shall not be
placcd in a n'ont va I'd of an industrial or commercial lot.
(Ord. 80, passed 5-] 1-2005. amendcd ,~L":7"t:,,~)
41
( Deleted: 2
Deleted: . Fencing in
commerciallindustrial zoning shall not
exceed eight feet in height.
( Formatted: Justified ----'
( Formatted: Bullets and Numberinu
( Formatted: Highlight
( Formatted: Bullets and Numbering
( Deleted:
( Deleted: ~
( Deleted: 3
)
I
~
)
~~
~-~-~
Deleted: one _ J
lI>.eleted: tempor"I)o' fencing ;
~~ 154.111 THROUGH 154.119 RESERVED FOR FUTURE EXPANSION.
~ 154.120 HEIGHT.
(A) Structures. No structures or building may be erected to a height exceeding 35
feet without the issuance of a conditional use permit.
(B) Excess height on a building. Upon the securing of a conditional use permit any
building may be erected to a height exceeding that specified for the respective district,
providedthe front, rear and side yards shall be increased one foot for each one foot by
which the building exceeds the height limit established for that district.
(C) Additional yard setback shall not be required for a structure that is any of the
following: television and radio towers, church spires, belfries, monuments, tanks, water
and fire towers, stage towers and scenery lofts, cooling towers, ornamental towers and
spires, chimneys, elevator bulkheads, smokestacks, conveyors, flagpoles, silos, and air
conditioning and heating units; and that no tower, gable, spire or similar structure shall be
used for sleeping or eating quarters, or for any commercial purpose except one incidental
to the permitted uses of the main building.
~~ 154.121 THROUGH 154.129 RESERVED FOR FUTURE EXPANSION.
~ 154.130 YARDS.
(A) General requirements. The minimum depths of front yard, rear yard and side
yard for each district shall be as defined in the schedule of regulations and conform to the
following additional regulations:
(1) All structures, whether attached to the principal structure or not, and
whether open or enclosed, including porches, carports, balconies or platforms above
normal grade level shall not project into any minimum front, side or rear yard;
(2) Lots which abut on more than one street shall provide the required front
yards along each street for the principal structure and. far anv acccssarv building. Side
yard setbacks for an accessory structure will apply to the frontage that is not considered
to be the required front yard;
(3) Any principal structure situated on lands contiguous to or abutting any
portion of the public lakes in the city shall maintain yard setbacks of lQ.Q. feet from the
lake. Where adjacent structures have yard setbacks different from these requirements, the
minimum setback from the lake shall be the average setback of the adjacent structures to
a minimum of 50 feet; and See also Floodplain Chapter and additional requirements for
42
[Formatted: Font color: Red
C Deleted: 75
~
shore lands.
(4) The minimum side or rear yard depths for the following nonresidential
structures or uses which abut any lot in any residential district shall be:
(a) Off-street parking l'paces and access drives for nonresidential uses, 20
ieet;
(b) Churches, schools and public or semi-public structures, 40 feet; and
(c) Recreation facilities, entertainment facilities, all business uses and all
industrial uses, 60 feet.
(B) Computing front yards. For the purpose of computing front yard dimensions,
measurements shall be taken from the nearest point of the front wall of the building to the
street right-of-way line subject to the following qualifications:
(1) Cornices, canopies or eaves may extend into the required front yard a
distance not exceeding two feet, six inches;
(2) A covered or uncovered landing place, steps, or stoop may extend into the
required front yard to a distance not exceeding six feet, if its floor is no higher than the
entrance floor of the building. An open railing no higher than three feet may be placed
around the structure. Such permitted encroachment shall not be enclosed with walls,
screens, windows, etc. but must be completely open and if covered, the cover may be
cantilevered or supported with columns and must be constructed in similar quality and
appearance as the building and may not be constructed with metal roofs or metal
columns;
(3) The above enumerated architectural features may also extend into any side
or rear yard to the same extent, except that no porch, terrace or outside stairway shall
project more than three feet into any side yard and then, in the case of an outside
stairway, only if it is unroofed and unenclosed above and below the steps. In no case
shall a porch, stair landing or any other architectural feature extend closer than four feet
to the side property line; and
(4) On a corner lot in any residential district, nothing shall be erected, placed,
planted or allowed to grow in a manner as materially to impede vision between a height
of 2-] /2 and ten feet above the centerline grades of the intersecting streets in a triangle
bounded by the street of the Jot and a line joining points along the street lines 50 feet
from the point of the intersection.
(C) Erection of more than one principal structure on lot. In any district, more than
one structure housing a conforming principal use may be erected on a single lot if yard
and other requirements of this chapter are met for each structure as though it were on an
individual lot. Required on-site parking space shall be provided on the same lot as the
43
~
j
I
I
)
J
( Formatted: Highlight
Comment: [s this a conflict with
154.17GB,7. DL
{ Formatted: Highlight
\
principal building or use, except that combined or joint parking facilities may be provided
for two or more buildings or uses in commercial districts and in industrial districts,
provided that the total number of spaces is not less than the sum of the requirements for
each building or use. The proposed joint parking space shall be within 400 feet of the
entrance of the use it will serve. A properly drawn legal instrument, approved by the
city, executed by the parties concerned, for joint use of the off-street parking facilities
shall be filed with the County Recorder's office.
(Amended 6-14-07)
~~ 154.131 THROUGH 154.139 RESERVED FOR FUTURE EXPANSION.
~ 154.140 SPECIAL PROVISIONS RELATED TO DEVELOPMENT OR
BUILDING ON,LANDS WITH!N 100 FEET OF CENTERVILLE LAKE,
PELTIER LAKE OR...CLEARW ATER CREEK.
J
J
{ Deleted: ~
[ Deleted: ~
(A) Residential subdivisions with dwelling unit densities exceeding four-unit
structures can only be allowed if designed and approved as residential planned unit
developments under this chapter. Only land above the ordinary high water level of public
waters can be used to meet lot area standards, and lot width standards must be met at both
the ordinary high water level and at the building line.
(B) All shoreland development shall meet the following standards:
(1) The minimum lot size shall be 1 5,000 square feet, not less than 100 feet in
width, each building must be set back at least 100Jeet from the 9~dif1l!f)1 h}gh waterl~v~l _ { Deleted: 75
for lands adjoining a lake;
(2) Minimum lot size shall be 15,000, 100 feet in width and set back at least
100. feet from the _orgirulry_ high water l~\!er _for Clearwate:r ~r~~k; . . _ . _ _ _ .. -1 Deleted: 50
(3) Each building must be connected to the city water and sanitary sewer
systems;
(4) Watercraft docking facilities shall be placed a minium of 10 feet 1'1'0111 a side
lot line. except that such facilities for multi-family developments shall be centralized in
one location and serve all dwelling units in the building; and
(C) Water-oriented Accessory Structures. Each lot may have one water-oriented
accessory structure not meeting the normal structure setback of this section if this water-
oriented accessory structure complies with the following provisions:
(1) The structure or facility must not exceed ten feet in height, exclusive of
safety rails, and cannot occupy an area greater than 200 square feet. Detached decks must
not exceed eight feet above grade at any point;
44
(2) The setback of the structure or facility from the ordinary high water level
must be at least ten feet;
(3) The structure or facility must be treated to reduce visibility as viewed from
public waters and adjacent shorelands by vegetation, topography, increased setbacks or
color, assuming summer, leaf-on conditions;
(4) The roof may be used as a deck with safety rails, but must not be enclosed
or used as a storage area;
(5) The structure or facility must not be designed or used for human habitation
and must not contain water supply or sewage treatment facilities; and
(D) Shoreland alterations. Alterations of vegetation and topography will be
regulated to prevent erosion into public waters, fix nutrients, preserve shore land
aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife
habitat.
(I) Vegetation alterations.
(a) Vegetation alteration necessary for the construction of public utilities
and the construction of roads and parking areas regulated by this ordinance are exempt
from the vegetation alteration standards that follow.
(b) Removal or alteration of vegetation is allowed subject to the following
standards:
45
1. Intensive vegetation clearing within 50 feet of the ordinary high
water line is not allowed, except where a permit has been issued for topographic
alterations, the city may allow a substitute landscape screening plan with a goal of 60
percent screening of structures when viewed from the water, assuming mature heights of
vegetation and leaf-on conditions.
2. Limited clearing of trees and shrubs and cutting, pruning, and
trimming of trees is allowed to provide a view to the water from the principal dwelling
site and to accommodate the placement of stairways and landings, picnic areas, access
paths, beach and watercraft access areas, and permitted water-oriented accessory
structures or facilities, provided that;
3. The screening of structures, vehicles, or other facilities as viewed
from the water, assuming summer, leaf-on conditions, is not substantially reduced;
4. Along streams, existing shading of water surfaces is preserved; and
5. These provisions are not applicable to the removal of trees, limbs,
or branches that are dead, diseased, or pose safety hazards.
(2) Topographic alterations/grading andjilling.
(a) Grading and filling and excavations necessary for the construction of
structures, and driveways under validly issued construction permits for these facilities do
not require the issuance of a separate grading and filling permit. However, a grading and
filling permit will be required for the movement of more than 20 cubic yards of material
within 100, feet o~ a lake and withiIl I OOJeet of Cl~ar\Vater ~Cr~ek; ans} ~
(b) The following considerations and conditions must be adhered to during
the issuance of construction permits, grading and filling permits, conditional use permits,
variances and subdivision approvals:
l. Grading or filling in any wetland must have a permit from the Rice
Creek Watershed District.
2. Alterations must be designed and conducted in a manner that
ensures only the smallest amount of bare ground is exposed for the shortest time possible;
3. Mulches or similar materials must be used, where necessary, for
temporary bare soil coverage, and a permanent vegetation cover must be established as
soon as possible;
4. Methods to minimize soil erosion and to trap sediments before they
reach any surface water feature must be used;
46
/ ~ 1 Deleted: 75
. Deleted: 50
5. Altered areas must be stabilized to acceptable erosion control
standards consistent with the field office technical guides of the local soil and water
conservation districts and the United States Department of Agriculture, Natural Resource
Conservation Service (NRCS);
6. Fill or excavated material must not be placed in a manner that
creates an unstable slope;
7. Any alterations below the ordinary high water level of public
waters must first be authorized by the Commissioner ofDNR under M.S. ~ 1030.245;
8. Alterations of topography must only be allowed if they are
accessory to permitted or conditional uses and do not adversely affect adjacent or nearby
properties.
(E) Additional standards for commercial uses.
(1) Surface water-oriented commercial uses with needs to have access to and
use of public waters may be located on parcels or lots with frontage on public waters.
Those uses with water-oriented needs must meet the following standards:
(a) In addition to meeting impervious coverage limits, setbacks, and other
zoning standards in this ordinance, the uses must be designed to incorporate topographic
and vegetative screening of parking areas and structures;
(b) Uses that require short-term watercraft mooring for patrons must
centralize these facilities and design them to avoid obstructions of navigation and to be
the minimum size necessary to meet the need; and
(c) Uses that depend on patrons arriving by watercraft may use signs and
lighting to convey needed information to the public, subject to the following general
standards:
I. No advertising signs or supporting facilities for signs may be
placed in or upon public waters. Signs conveying information or safety messages may be
placed in or on public waters by a public authority or under a pemlit issued by the county
sheriff;
2. Signs may be placed, when necessary, within the shore impact
zone if they are designed and sized to be the minimum necessary to convey needed
infonnation. They must only convey the location and name of the establishment and the
general types of goods or services available. The signs must not contain other detailed
infonnation such as product brands and prices, must not be located higher than ten feet
above the ground, and must not exceed 32 square feet in size. If illuminated by artificial
lights, the lights must be shielded or directed to prevent illumination out across public
waters; and
47
. Comment: What goes after this
conjunction? Is there supposed to be a
paragraph Number 3"
~~ ]54.]41 THROUGH 154.]49 RESERVED FOR FUTURE EXPANSION.
~ ]54.150 OTHER STANDARDS
(A) Odors and emissions. Odors and emissions from any use shall not exceed the
regulations set forth by Minnesota Pollution Control Agency Rules.
(B) Dust and particulates. Dust and particulate matter from any use shall be in
compliance with and regulated by Minnesota Pollution Control Agency Rules.
(C) Noise and vibrations. Noise and vibrations generated from any use shall be in
compliance with and regulated by Minnesota Pollution Control Agency Rules.
(D) Glare. Direct or reflected glare, as from floodlights, spotlights or high
temperature processes, and as differentiated from general illumination, shall not be
visible beyond the site of origin at any property line. Any lights used for exterior
illumination shall be directed away from adjacent properties.
(E) Waste. All waste generated from any use shall be managed in compliance with
and regulated by Minnesota Pollution Control Agency Rules. Waste generated on any
premises shall be kept in containers designed for waste collection and stored in a
structure or within an approved enclosed or screened area. The accumulation, storage,
processing or disposal of waste, compost or recyclable materials on any premises, which
is not generated on that premises, is prohibited, except as specifically provided in this
chapter.
(F) Smoke. Smoke shall be measured at the point of emission by using the
Ringelman Smoke Chart published by the United States Bureau of Mines in Circular No.
7718. Smoke not darker or more opaque than No. one on that chart may be emitted,
except that smoke not darker or more opaque than No. three on the chart may be emitted
for a period not longer than four minutes in any 30 minutes. These provisions applicable
to visible gray smoke of a different color but with an equivalent capacity.
(G) Fumes or gases. Fumes or gases shall not be emitted at any point in
concentrations that are noxious, toxic or corrosive. The values given in Table I
(Industrial Hygiene Standards - Maximum Allowable Concentration for 8-hour day, five
days per week), Table III (Odor Thresholds), Table IV (Concentrations of Substances
Causing Pain in the Eyes) and Table V (Exposure to Substances Causing Damage to
Vegetation) in the latest revision of Chapter 5, "Physiological Effects" that contains such
tables, in the Air Pollution Abatement Manual published by the Manufacturing Chemists'
Association, Inc., Washington, D.C., are hereby established as guides for the
determination of permissible concentration and amounts. The city may require detailed
plans for the elimination of fumes or gases before the issuance of a building permit.
48
(H) Fire hazards. Any actlVlty involving the use or storage of flammable or
explosive materials shall be protected by adequate fire-fighting and fire prevention
equipment and by safety devices as are normally used in the handling of these materials.
These hazards shall be kept removed from adjacent activities to a distance which is
compatible with the potential danger involved.
(I) Air pollution. Every activity shall conform to state regulations relating to air
quality standards and air pollution control.
(J) Radioactivity or electrical disturbance. No actIvIty shall emit dangerous
radioactivity at any point or any electrical disturbance adversely affecting the operation
of any equipment at any point other than that of the creator of the disturbance.
(K) Explosives. Any activity or operation requiring the use, storage or
manufacturing of explosives shall be located no closer than 500 feet from any residence;
provided further that the location of the activity or operation is such that damage from
explosion, including flying debris, vibration or smoke, is limited to the site on which the
activity or operation is permitted.
(L) Bulk storage. The storage of all bulk liquids, fuels, chemicals and gases shall be
in compliance with and regulated by Minnesota Pollution Control Agency Rules,
Minnesota State Fire Marshal Rules and the Minnesota Building Code.
(M) Outside storage. All products, materials and equipment, except as specifically
provided in this chapter, shall be stored within permitted structures, except for the
following:
(l) Residential districts and dwellings,
(a) Agricultural products, equipment and appurtenances owned by the
owner of the property and used on the property on which they are kept;
(b) All licensed and operational motor vehicles shall be parked on the
permitted driveway area. Any unlicensed, nonoperational vehicles must be stored in an
enclosed structure;
(c) A maximum of two of the following units may be stored outside of a
structure for more than 48 hours on any residential parcel, provided they are stored on the
permitted driveway area outside of the road right-of-way or are in a side or rear yard. A
licensed motor home or fifth-wheel trailer is allowed in a side or rear yard. None of the
following items may have an overall length from front to back in excess of 35 feet:
I. Boat;
2. Camper;
49
Deleted: 111 the M-flJlstrlct
3. Motor home;
4. Snowmobiles;
5. Personal watercraft;
6. Personal utility trailer;
7. Ice house; and
8. Small construction equipment.
(d) Clothes lines, antennae, air conditioners, outdoor grills, play
equipment, ornaments and monuments;
(e) Temporary storage of materials and equipment during construction and
landscaping; and
(f) Lakeshore properties can store the following items of personal property
within 50 feet of the shoreline during the months from September to May: docks, boat
lifts, swim rafts, slides and other swimming equipment.
(2) Commercial/industrial districts. Storage of products, materials and
equipment, excluding rubbish or junk, which is necessary to an approved business
operation in a commercial or industrial district, and which is completely screened from
adjoining properties and rights-of-way. fenalty-, s~e S 154.999 _ _ .. _ _ _ _
~~ 154.151 THROUGH 154.159 RESERVED FOR FUTURE EXPANSION.
~ 154.160 WOODLANDS PRESERVATION.
In residential areas, structures shall be located in a manner that the maximum
number of woodlands shall be preserved. If large numbers of trees are cut in residential
areas, trees shall be replanted in a density and manner satisfactory to the City Council.
Clear cutting of woodlands for nonagricultural purposes is prohibited, unless the action
involves a utility or roadway, required by the public, and includes a reforestation plan
required by the City Council.
~~ 154.161 THROUGH 154.169 RESERVED FOR FUTURE EXPANSION.
~ 154.170 PARKING REQUIREMENTS.
(A) Requirements in general. The following table illustrates the minimum number
50
- Deleted: The site plan review process is
required to determine the appropriateness
for storage permitted in this section,
surfacing required for the storage area
and the screening required. The site plan
review process requires a hearing before
the Planning and Zoning Committee and
the City CounciL Outside display of
vehicles, equipment and merchandise for
direct sale to consumers when the outside
display is customary and necessary to the
trade and is a permitted use within the
zoning district. The site plan review
process is required to determine the
appropriateness of the storage or display
proposed, surfacing required for the
display area and any additional
landscaping or screening which may be
required. ~
of parking spaces required for various uses pennitted in the city. The city may modify
minimum parking requirements in the M-I and M-2 District~, as part of the site plan
approval process, if it is detennined that the use is consistent with the purpose of the
district and street parking is sufficient to accommodate the use.
Uses Minimum Parking Required
Residential 2/dwel1ing unit
Churches 1/3 seats in largest assembly
Schools I/c1assroom plus 1/3 seats in largest assembly
Theaters 1/3 seats
Restaurants I 13 seats
Offices 5/1.000 sq. ft. gross floor space
5]
Uses Minimum Parking Required
Retai] 6/] ,000 sq. ft. gross floor area
Convenience stores 7/1,000 sq. ft. gross floor area
Genera] services 4/l ,000 sq. ft. gross floor area
Trade businesses 3/l ,000 sq. ft. gross floor area
Manufacturing 3/l ,000 sq. ft. gross floor area
Other industria] 3/1 ,000 sq. f1. gross floor area
Car washes 5/stacking per bay
52
Uses
Minimum Parking Required
Drive-up restaurants
5 stacking plus 1/3 seats
(B) Offstreet parking. When a building is enlarged, additional off-street parking
shall be required only with respect to the additional usable floor area. Parking spaces
may be located on a lot other than that containing the principal use with the approval of
the City Council.
(I) Change in facilities. An off-street parking area shall not be changed to any
other use until equal facilities are provided elsewhere. No parking area used or
designated in connection with a building in existence on the effective date of this chapter
shall be reduced to provide fewer than the minimum number of parking spaces required
under this chapter.
(2) Offstreet parking and loading zones. No building shall be hereafter
erected, substantially altered or its use changed unless off-street parking and loading
spaces have been provided in accordance with the provisions of this chapter. The number
of off-street parking spaces provided shall be at least the minimum number provided in
the schedule contained in this section.
(3) Offstreet loading. A loading space shall have minimum dimensions of not
less than 12 feet in width, 50 feet in length, exclusive of driveways, aisles and other
circulation areas. One off-street loading space shall be provided and maintained on the
same lot for each commercial and industrial use requiring regular delivery of goods and
having a modified gross floor area of more than 10,000 square feet. One loading space
shall be provided for each additional 25,000 square feet or fraction thereof. No off-street
loading space shall be located in any yard adjoining any residential use. Required off-
street loading space shall not be included as off-street parking space in computing
required off-street parking space. Vehicles utilizing this loading space shall not project
into the public right-of-way.
(4) Fractional space. When an application of the standards of this chapter with
respect to number of off-street parking spaces results in the need to provide a fraction of
one space, any fraction of one-half or less shall be disregarded and any other fraction
shall be construed as one.
(5) Uses not mentioned. For any use not specifically mentioned in the schedule
of off-street parking and loading requirements, the number of spaces required should be
53
that required for that use named in the schedule which is determined by the Planning and
Zoning Commission to be most similar.
(6) Spaces for five or more automobiles. Parking areas consisting of five or
more off-street parking spaces shall have individual spaces so marked by pavement
striping. the perimeter of lot shall be surrounded by curbing. and shall be so designed,
maintained and regulated that no parking or maneuvering incidental to parking shall be
on any public street, walk or alley and so that any vehicle may be parked and unparked
without moving another.
(7) Improvement and maintenance. Required parking and loading spaces,
together with driveways, aisles and other circulation areas, shall be improved in a way as
to provide a durable and dust-free surface asphalt, concrete, pavers, cobblestone or
similar material according to minimum city specifications, excluding R- I Districts. All
parking and loading areas shall provide for proper drainage of surface water to prevent
the drainage of the water onto adjacent properties or walkways. The owner of any
parking or loading area shall maintain the area in good condition without holes and free
of all dust, trash and other debris. Parking and access drives shall be located a minimum
.of five_ feet from any property line. Parking spaces shall be a minimum of nine feet wide
and 18 feet deep.
(8) Access. All off-street parking areas shall have access from driveways rather
than from public streets, the driveway access shall be limited to 24 feet in width at the
public street line.
& 154.171 TREE PLANTING
Required trees should be planted in the ti'ont yard a minimum of 15 feet fi'om the
curb linc._and shall not bcJ2lanted in a manner that interferes with any current or planned
utility line. Trees may not be planted under a power line exceptJow growing varieties
approved by the Citv for such locations.
I ~~ 154.17l,THROUGH 154.179 RESERVED FOR FUTURE EXPANSION.
~ 154.180 LANDSCAPING.
(A) Minimum quantities.
(1) All new development activities, including site modifications or use
intensifications, shall be subject to landscaping improvements.
(2) The following table illustrates guidelines within each zoning district:
54
--,
Comment: Is this a conflict with I
151.130A,4,a
l!=ormatted: Highlight
( Deleted: those
( Formatted: Highlight
l
~
[Deleted: 1
==
District Overs tory Trees Foundation Plantings4
R-I 2 trees/unit/street frontage I None
{ Deleted: and ]
R-2, R-4".R-5 2 trees/unit/open space exposure2 None
- - - - - -- - - -
R-2A 8 trees plus two trees/unie None
B-1 8 trees or 1/3,000 sq. ft. site area5 1/10 ft. building and parking area
M-I. M-2 8 trees or 1/3,000 sq. ft. site area5 1/10 ft. building and parking area
I-I 8 trees or 1/3,000 sq. ft. site area5 1/10 ft. building and parking area
P-l 8 trees or 1/3,000 sq. ft. site area5 1/10 ft. building and parking area
55
District
Overstory Trees
Foundation Plantings4
NOTES:
I Trees shall be deciduous and planted at the boulevard, except on culs-de-sac where one of the
required trees may be planted off the boulevard but in the front yard area. [ _ _ - Comment: [Dallas wanted no trees in
2 - - n - - - - - - - city right-or-way, and no less than 15 feet
Trees shall be deciduous. Unit exposures with street frontage shall be planted at the boulevar from curbline.] This policy is directly
3 Tree spacing must include trees at the boulevard at minimum 50-foot intervals. counter to Dallas' suggestion. Should
4 The calculation for the number of foundation plantings is based upon one planting for each Iin P&Z decide this issue?
foot of building perimeter and parking lot perimeter. Plantings may be grouped rather than dispersed
at 10-foot intervals.
5 The required number of trees is based upon a minimum of eight trees or one tree per 3,000 square
feet of site area, whichever is greater. Tree spacing must include trees at the boulevard at minimum
50-foot intervals.
(B) Minimum standards.
(1) Overs/ory trees:
(a) Deciduous trees. Two and one-half inch caliper planting size, balled
and burlapped.
(b) Coniferous trees. Six feet in height planting size, balled and burlapped.
(2) Foundation plantings. Coniferous and deciduous shrubs shall be planted at
a minimum of 1/3 the mature spread and height of typical growth habits.
(3) Boulevard trees. All boulevard trees shall be hardwood shade trees or
flowering trees. Where overhead power lines exist. on!\ 10\11' growing varieties.JlJll2[Qve...d
for planting under power lines shall be allowed.
(4) Overs tory mix. When multiple quantities of overstory trees are required, at
least 75 percent of the trees required shall be deciduous trees.
(5) Hardiness. All landscape materials proposed shall be consistent with
Minnesota Hardiness Zones, whether indigenous or foreign. Plant species must all be
tolerant to snow storage, exposure to salt and sun scald in parking areas.
(6) Diversification. In any development in which at least eight overstory trees
56
or foundation plantings are required, at least three varieties of boulevard trees are
required on each side of the block.
(7) Warranty. All required landscape materials shall be warranted for growth
for a minimum of two years after planting.~ _ _.
PLANNED UNIT DEVELOPMENTS
~ 154.200 OBJECTIVES.
To help encourage a more creative approach to the use of land, departures from the
city zoning chapter may be granted by the City Council in the form of Planned Unit
Development (PUD) Districts, to achieve:
(A) A maximum choice of living environments by allowing a variety of housing
building types and permitting an increased density per acre and a reduction in lot
dimensions, yard, building setbacks and area requirements;
(B) A more useful pattern of open space and recreation areas and, if permitted as
part of the project, more convenience in the location of accessory commercial uses and
services;
(C) A development pattern which preserves and utilizes natural features, trees and
other vegetation, and prevents the disruption of natural drainage patterns;
(D) A more efficient use of land and a resulting substantial savings through shorter
utilities and streets; and
(E) A development pattern in harmony with land use density, transportation facilities
and community facilities objectives of the comprehensive plan.
~~ 154.201 THROUGH 154.209 RESERVED FOR FUTURE EXPANSION.
~ 154.210 GENERAL REQUIREMENTS.
A special use permit shall be required of all planned unit developments. The city
may approve the PUD only if it finds the development satisfies all the following
standards:
(A) The development shall be planned so that it IS consistent with the city
comprehensive plan;
(B) The PUD is an effective and unified treatment of the development possibilities
57
i ~eleted: ~
on the project site and the development plan provides for the preservation of unique
natural amenities such as streams, stream banks, wooded cover, rough terrain and similar
areas;
(C) The planned unit development proposal appears to hannonize with both existing
and proposed development in the area surrounding the project site;
(D) The tract of land shall be under unified control at the time of application and
scheduled to be developed as one unit. In addition, the development plan must include
provisions for the preservation of natural amenities;
(E) Each phase of the proposed development, as it is proposed to be completed, is of
sufficient size, composition and arrangement that its construction, marketing and
operation are feasible as a complete unit, and that provision and construction of dwelling
units and common open space are balanced and coordinated;
(F) The PUD will not create an excessive burden on parks, schools, streets and other
public facilities and utilities which serve or are proposed to serve the district;
(0) The proposed total development is designed in a manner as to form a desirable
and unified environment within its own boundaries;
(H) The plans required under this section must be submitted in a form which will
satisfy the requirements of Chapter 153 for the preliminary and final plans;
(1) Permission to develop specific parcels of land under the provisions which follow
shall be binding on all construction. Any change in the development plan after approval
by the City Council shall be resubmitted for consideration; and
(J) Subdivision review under the subdivision chapter shall be carried out
simultaneously with the review of a PUD under this section.
~~ 154.211 THROUGH 154.219 RESERVED FOR FUTURE EXPANSION.
~ 154.220 USES PERMITTED.
Permitted uses may include any combination of dwelling units in single-family, 2-
family, town or row houses; any nonresidential use to the extent the nonresidential use is
designed and intended to serve the residents of the planned unit development; public or
private education facilities; or other uses permitted in the zoning district in which the
planned unit development is located. When a PUD proposes a mixture of residential uses
with commercial uses, the Council may limit the development of not more than ten
percent of the tract to commercial uses.
58
~ 154.221 RELATIONSHIP OF PUD SITE TO ADJACENT AREAS.
The design of a PUD shall take into account the relationship of the site to the
surrounding areas. The perimeter of the PUD shall be so designed as to minimize
undesirable impact of the PUD on adjacent properties, and conversely, to minimize
undesirable impact of adjacent land use and development characteristics on the PUD.
~ 154.222 SIZE.
A PUD may be used on any development of more than two (2) residential units. A
PUD may be used for any commercial or industrial development or on developments that
include a combination of uses. The Planning & Zoning Commission may require that
any development be submitted as a PUD when in their opinion the proposed development
could be best handled as a PUD.
~ 154.223 MINIMUM LOT SIZE.
The minimum lot size requirements of other sections of this chapter do not apply to a
PUD except that the minimum lot size requirements of the underlying zone shall serve as
a general guideline to determine the maximum dwelling unit density of the total
development.
~ 154.224 SETBACK AND SIDE YARD REQUIREMENTS.
Notwithstanding other provisions of this subchapter, setback and side yard
requirements of lots in a PUD shall be at least equivalent to the spacing requirements of
buildings similarly developed under the terms of this chapter on separate parcels.
~ 154.225 ACCESS TO PUBLIC RIGHT-OF-WAY.
The site of a PUD shall abut, and the major internal street or streets serving the PUD
shall be connected to, at least one primary arterial, or neighborhood collector street.
~ 154.226 UTILITY REQUIREMENTS.
Utilities, including telephone and electrical systems, installed within a PUD shall be
placed underground. Utility appurtenances, which can be effectively screened, may be
exempted from this requirement if the city finds that the exception will be consistent with
the objectives of this subchapter and the character of the proposed PUD.
59
~ 154.227 OPEN SPACE.
A minimum of 20 percent of the gross land area for private or public open air
recreational use protected by covenants running with the land or by conveyances or
dedicated as the Planning and Zoning Commission may specify shall be an integral part
of the plan. These open space areas shall not include land devoted to streets, parking and
private yards. Whenever possible, common open space shall be linked to the open space
areas of adjoining developments. Common open space shall be of a size, shape, character
and locations as to be usable for its proposed purpose.
~ 154.228 PARKING.
Off-street parking and loading space shall be provided in each PUD in the same
ratios for types of buildings and uses as required in the underlying zoning district.
~ 154.229 RESERVED FOR FUTURE EXPANSION.
~ 154.230 ARRANGEMENT OF COMMERCIAL USES.
When a PUD includes commercial uses, commercial buildings shall be planned as
groups having common parking areas and common ingress and egress points. Each
commercial area shall be separated from abutting residential areas by appropriate screens
or fences. The design of commercial areas shall provide for the integrated and
harmonious design of buildings and for adequate and properly arranged facilities for
internal traffic, circulation, landscaping and other features and facilities as may be
necessary to make the areas attractive and efficient from the standpoint of adjacent
noncommercial areas. Any area which is not to be immediately improved or developed
shall be landscaped or otherwise maintained in a neat and orderly manner as specified by
the city.
~~ 154.231 THROUGH 154.239 RESERVED FOR FUTURE EXPANSION.
~ 154.240 ARRANGEMENT OF INDUSTRIAL USES.
In any PUD including industrial uses, the industrial uses shall be provided in park-
like surroundings utilizing landscaping and existing woodlands as buffers to screen
lighting, parking areas, loading areas and outdoor storage of raw materials or products.
An industrial area in a PUD shall provide for the harmonious design of buildings and a
compact grouping in order to economize in the provisions of required utility services.
Streets in a planned industrial area shall be kept to a minimum in order to reduce traffic.
All spaces between the right-of-way line and the industrial building line and all
intervening spaces between buildings, drives, parking areas and improved areas shall be
60
landscaped with trees and plantings and properly maintained.
~~ 154.241 THROUGH 154.249 RESERVED FOR FUTURE EXPANSION.
~ 154.250 PRE-APPLICATION MEETING; PROCEDURE.
Before submitting a formal application for a PUD under this chapter, the developer
shall meet with the Planning and Zoning Commission. The purpose of this meeting is to
discuss early and informally the purpose and effect of this chapter and the criteria and
standards contained in this chapter, and to familiarize the developer with the city's
comprehensive plan, including the land use plan, the major thoroughfare plan, and the
parks and open space plan, and with the subdivision regulations and the drainage, sewer
and water systems of the city.
~ 154.251 APPLICA nON.
(A) An application for approval of a preliminary development plan for a proposed
PUD shall be made to the Planning and Zoning Commission, by at least one owner or
lessee of property for which the PUD is proposed. The application shall be accompanied
by a certified check or money order to cover the costs incurred in checking and
processing the plans in an amount affixed by resolution of the City Council.
(B) The application with accompanying outline development plan shall be submitted
( 16 copies) and shall include:
(I) A vicinity map at a scale of one inch equals 250 feet showing property
lines, existing streets, existing zoning, and any other items as the Planning and Zoning
Commission may require to show the relationship of the proposed PUD to the
comprehensive plan of the city, to existing schools and other community facilities and
services, and to the surrounding area;
(2) A preliminary plan of the PUD in schematic form showing the following:
(a) The existing topographic character of the land;
(b) A composite of all natural amenities of the site including steep slopes,
drainageways plus marshes, ponds and lakes;
(c) The size of site and proposed uses of the land to be developed together
with an identification of off-site land use;
(d) The density of land use to be allocated to the several parts of the
development;
61
I
(e) The approximate location of thoroughfares;
(f) The location of common open space including public schools, parks
and playgrounds or private natural preserves; and
(g) The off-street parking system.
(3) A written statement including the following:
(a) A statement of the ownership of all land involved in the PUD together
with a summary of previous work experience;
(b) An explanation of the general character of the planned development;
(c) A statement describing the ultimate ownership and maintenance of all
parts of the development including streets, structures and open spaces;
(d) A statement describing how all necessary governmental services will be
provided to the development; and
(e) The total anticipated population to occupy the PUD, with breakdowns
indicating the number of school-age children, adults and families.
(4) The proposed schedule for the development of the site; and
(5) A statement setting forth the reasons why, in the opinion of the applicant,
the PUD will be in the public interest and consistent with the objectives specified for
PUDs by ~ this chapter.
~ 154.252 ACTIONS.
(A) By the Commission. Within 60 days of the filing of the application, the Planning
and Zoning Commission shall hold a public hearing on the proposed PUD following
written and published notice as required for amendments of this chapter. Following the
hearing and within 60 days of the filing of the application or at a later time agreed to by
the applicant, the Planning and Zoning Commission shall recommend approval or
disapproval of the preliminary proposal with any changes and conditions as it may
suggest and shall transmit its recommendations to the City Council. In its
recommendations the Commission shall determine whether the proposed PUD is
consistent with the objectives for PUDs specified in ~ 154.065 and with the
comprehensive land use plan of the city; and whether the benefits, combination of various
land uses, if proposed, and the interrelationship with the land uses in the surrounding area
justify the deviation from standard district regulations allowed by this chapter for PUDs.
(B) By City Council. Upon receipt of the recommendations of the Planning and
62
Zoning Commission, the Council shall consider the application and, after holding the
public hearing as it deems desirable, shall approve or disapprove the application with the
changes or conditions, if any, as it may deem appropriate. Refusal of any changes or
conditions shall constitute denial of the plans by the City Council. Failure of the
landowner to notify the City Council of his or her acceptance or refusal of the
modification to the plan constitutes acceptance of these conditions. No building permits
may be issued on land within the PUD until fmal plans for the development have been
approved by the City Council under the procedures provided in the following sections.
~ 154.253 PUD AGREEMENT.
The Zoning Administrator shall instruct the City Attorney to draw up a PUD
agreement which stipulates the specific terms and conditions approved by the City
Council and accepted by the applicant. This agreement shall be signed by the Mayor of
the city, Administrator and the applicant within 30 days of the City Council approval of
the PUD application and final plat. Where the PUD application and/or final plat is to be
resubmitted or denied approval, the City Council action shall be by written report setting
forth the reasons for its actions.
~ 154.254 FINAL REVIEW AND APPROVAL.
An application for review and approval of the final development plan shall be filed
by the applicant with the Planning and Zoning Commission within six months of the date
on which approval of the preliminary plan was given by the Council. If application for
final approval is not made within the time required, the proposal shall be considered
abandoned unless an extension period is requested and granted by the City Council.
~ 154.255 DOCUMENTATION REQUIRED.
The final application shall be accompanied by the following supporting
documentation:
(A) A final plan of the PUD in schematic form including the following:
(1) The street system, lot layout and off-street parking and loading plan;
(2) The use, height, bulk and approximate location of buildings and other
structures;
(3) Land areas to be conveyed, dedicated or reserved for parks, parkways,
playgrounds, school sites, public buildings and similar public and semi-public uses;
(4) A site plan for each building site and common open area, showing
63
approximate location of buildings, structures and improvements;
(5) Generalized elevations and perspectives of all structures;
(6) A site grading plan indicating the direction of flow of surface drainage and
all easements necessary for both ponding and runoff;
(7) Plans, profiles and specifications for the distribution of water, collection of
sanitary waste and stormwater;
(8) A landscape plan indicating the location, size and type of plant materials to
be used;
(9) Plans, profiles, typical sections and specifications for proposed street
improvements; and
(lO) The density of land use to be allocated to the several parts of the site being
developed.
(B) A written statement including:
(I) The approximate date when construction will begin by stage of
development and the area of open space to be provided at each stage;
(2) Agreements, provisions or covenants which govern the use, maintenance
and continued protection of the development and any of its common open areas; and
(3) Other conditions specifically required by the Commission and the Council
for the particular PUD.
~ 154.256 ACTION ON FINAL APPLICATION.
(A) Procedure for action by the Planning and Zoning Commission and the Council
on an application for review and approval of the fmal plan for a PUD shall be the same as
prescribed by this subchapter for the action on the preliminary proposal. In giving
approval, the Council may specify the length of time within which construction of the
project must be begun or completed, and it may attach other conditions as seem
necessary. The fmal development plan shall be in general conformance with the
preliminary development plan as approved.
(B) (1) Criteria for approval. The findings necessary for approval of both the
preliminary and final development plans shall be based on the following and describe in
what respect the plan would or would not be in the public interest.
(a) The plan does not conflict with the city comprehensive plan;
64
(b) The plan IS designed to form a desirable and unified development
within its own boundaries;
(c) The proposed uses will not be detrimental to present and future land
use in the surrounding area;
(d) Any exceptions to the standard requirements of the zoning and
subdivision chapters are justified by the design of the development; and
(e) The plan will not create an excessive burden on parks, schools, streets
and other public facilities and utilities which serve or are proposed to serve the PUD.
(2) Noncompliance. In the event the plan as submitted for final approval is not
in substantial compliance with the preliminary development plan, the Zoning
Administrator shall notify the applicant within 45 days of the date of application, setting
forth the ways in which the plan is not in substantial compliance.
(a) The applicant may treat the notification as denial of preliminary
approval;
(b) The applicant may refile his or her plan so that it does substantially
comply with the outline development plan; or
(c) The applicant may file a written request with the Planning and Zoning
Commission that it hold a public hearing on his or her request for final approval. Any
hearing shall be held within 30 days after the request for the hearing. Within 45 days of
the hearing, the Planning and Zoning Commission shall either grant or deny preliminary
approval to the plan.
(3) Final approval. The City Council shall review and approve the final
development plan if it is in substantial compliance with preliminary development plan.
Following this, the applicant shall record the final development plan in the manner
provided for recording subdivision plats. If the final development plan is not in
substantial compliance, the applicant shall be requested to repeat the procedures outlined
for the preliminary development plan. Approval may be conditioned on the applicant
executing a PUD agreement.
~ 154.257 TIME LIMIT.
If work on the PUD is not started within the time limits prescribed in the PUD
agreement. approval shall terminate unless an extension period is requested or granted by
the City Council.
~ 154.258 AMENDMENTS-CHANGES TO THE PUD PLAN.
65
Amendments may be made in the approved fmal plan when they are shown to be
required by changes in conditions that have occurred since the final plan was approved or
by changes in the development policy of the city.
(A) Minor changes in the location, siting, and height of buildings and structures may
be authorized by the City Engineer if requested by engineering or other unforeseen
circumstances.
(B) All other changes in use, rearrangement of lots, blocks and open space, must be
authorized by the City Council under procedures outlined for amendment ofthis chapter.
~ 154.259 COMPLETION.
(A) Completion of the PUD shall be certified by the Planning and Zoning
Commission on the final development plan. Thereafter, the use of land and the
construction, modification or alteration of any buildings shall be governed by the
approved final development plan.
(B) Changes may be authorized only under the procedures provided below:
(1) Minor extensions, alterations or modifications of existing structures may be
authorized by the Planning and Zoning Commission if they are consistent with the intent
and purpose of the fmal plan and do not increase the cube of any building or structure by
more than 10%; and
(2) Changes in the use of common open space or the replacement of any
building substantially destroyed which exceeds the intent and purposes of the final
development plan may be authorized only by amendment to the final development.
~ 154.260 SITE IMPROVEMENTS.
At any time following the execution of a PUD agreement and receiving a notice to
proceed from the City Administrator, the applicant may, pursuant to the applicable codes
of the city, apply for and the Zoning Administrator may issue grading permits for the area
within the PUD for which development stage plan approval has been given.
~ 154.261 CONSTRUCTION.
The construction and provisions of all the common open spaces and public and
recreational facilities which are shown on the fmal development plan must proceed at the
same phase as the construction of dwelling units. At least once every six months
following the approval of the fmal development plan, the Zoning Administrator shall
review all of the building permits issued for the planned development and examine the
66
construction which has taken place on the site. If he or she shall find that the rate of
construction of dwelling units is greater than the rate at which common open spaces and
public and recreational facilities have been constructed and provided, he or she shall
forward this information to the City Council, which may revoke the PUD Permit.
~ 154.262 MAINTENANCE OF COMMON OPEN SPACE.
All land shown on the final development plan as common open space must be
conveyed to a homeowners' association or similar organization for the maintenance of
the planned development. The common open space must be conveyed to the
homeowners' association or similar organization subject to covenants, to be approved by
the City Council, which restrict the common open space to the uses specified on the final
development plan, and which provide for the maintenance of the common open space in a
manner which assures its continuing use for its intended purpose.
~ 154.263 HOMEOWNERS' ASSOCIATION.
If a homeowners' association or cooperative is created, the applicant shall submit
plans at the time of final plan of development and documents which explain:
(A) Ownership and membership requirements;
(B) Articles of incorporation and bylaws;
(C) Time at which the developer turns the association over to the homeowners;
(D) Approximate monthly or yearly association fee for homeowners; and
(E) Specific listing of items owned in common including items as roads, recreation
facilities, parking, common open space ground and utilities.
Penalty, see S 154.999
ADMINISTRA nON
~ 154.300 PERFORMANCE STANDARDS.
Every use permitted by this chapter shall be so established and maintained as to
comply with the provisions of this section. The Council may require the owner or
operator of a use permitted by this chapter to provide the tests or investigations by an
independent testing organization satisfactory to the Council as are necessary to show
compliance with these standards. The cost of the investigation and tests shall be shared
67
equally by the owner or operator and the city unless the results disclose noncompliance
with these standards; in that event, the entire cost shall be borne by the owner or operator.
This provision does not preclude the city from making any investigations and tests it
finds appropriate to determine compliance with these standards.
~~ 154.301 THROUGH 154.309 RESERVED FOR FUTURE EXPANSION.
~ 154.310 V ARIANCES.1
(A) Standards. The Planning and Zoning Commission shall recommend a variance
and the Council shall order the issuance of the variance only if it conforms to the
following standards:
(1) Special conditions and circumstances exist which are peculiar to the land,
structure or building involved and do not result from the actions of the petitioner;
(2) Literal interpretation of the provisions of this chapter would deprive the
petitioner of rights commonly enjoyed by other properties in the same district under the
terms of this chapter; and
(3) Granting the variance requested will not confer on the applicant any special
privilege that is denied by this chapter to other lands, structures or buildings in the same
district; and
(4) The proposed variance will not impair an adequate supply of light and air to
adjacent property, or unreasonably diminish or impair established property values within
the surrounding area, or in any other respect impair the public health, safety, or welfare of
the residents of the city; and
(5) Any person filing a petition requesting a variance or an amendment of the
zoning chapter rezoning property or changing regulations within any use district shall pay
a fee according to the schedule established by resolution of the City Council. The fee is
payable at the time of filing a petition and is not refundable.
(B) Board of Appeals and Adjustments. The Planning and Zoning Commission shall
act as the Board of Appeals and Adjustments and shall have the power to hear and
recommend requests for the following:
(1) Interpretation. Hearing appeals where it is alleged that there is an error in a
decision or judgment made by an administrative officer in the interpretation or
enforcement of this chapter or in the interpretation of zoning district boundaries; and
(2) Variances. Recommend variances from literal ordinance requirements in
instances where strict enforcement would cause undue hardship because of circumstances
68
Comment: This section needs
significant change. Recent court rulings
have disallowed our City's use of
Conditional Use Pennits for limited
periods of time. Iudicial interpretation is
that all conditional uses, by law, must run
with the land until the condition no longer
exists. Therefore the City must adopt a
new Illnterium" Use standard for limited
periods or limited purposes. This needs
full attention by the P &z.
P.s. KG needs a copy of the City's
Variance I CUP application.
unique to the individual property under construction.
(C) Variance procedures.
(1) Applications provided by the city must be completed in writing prior to any
consideration of variance petitions. Fees for variances are established by resolution of
the City Council.
(2) The Board of Appeals and Adjustments may require the applicant to
provide copies of plans, maps, surveys and the like, as deemed necessary, to ensure
proper review and consideration of variance petitions.
(3) After filing an application, the Administrator shall set a date for a public
hearing. Notice of the hearing shall be posted and published at least ten days prior to the
date of the hearing, and notice shall be mailed to each property owner within 350 feet of
the property to which the variance relates. Defects in the notice or failure to notify
individual property owners shall not invalidate the proceedings, provided a good faith
effort was made to comply with these provisions.
(4) Upon the hearing request, the Board of Appeals and Adjustments shall
either recommend approval or denial for the variance and shall state the reasons for the
action. Conditions for approval may be attached to any variance granted.
(5) Upon receipt of the recommendations of the Commission, the Council shall
hold whatever hearings it deems advisable and shall make its decision upon the request to
grant the variance. In granting the variance the Council may impose conditions which it
considers necessary to meet the standards of this chapter and to protect the best interests
of the surrounding area and the city as a whole. Violation of any such condition is a
violation of this chapter. The Board of Appeals and City Council must find true the
following, in the granting of a variance from this chapter:
(a) Granting a variance will not adversely affect the public health, welfare
and safety and will not be detrimental or injurious to property or improvements in the
neighborhood;
(b) Strict interpretation or enforcement would result in a practical difficulty
or unnecessary hardship that is not self created, that is inconsistent with the intent of this
chapter and the comprehensive plan;
(c) There are exceptional or extraordinary circumstances or conditions
applicable to the property, use or facilities that do not apply generally to other properties
in the same district;
(d) Strict or literal interpretation would deprive the applicant of the use and
enjoyment of his or her property in a manner similar to others in the same district; and
69
(e) Granting of the variance will not allow a use which is otherwise not a
permitted use in the zoning district in question.
(6) A variance granted but not used shall become void one year after its
effective date.
(7) No application for the same or essentially the same variance shall be made
within six months ofthe date of denial.
~~ 154.311 THROUGH 154.319 RESERVED FOR FUTURE EXPANSION.
~ 154.320 CONDITIONAL USES.
Conditional uses may be permitted within the several zoning districts of the city
subject to the provisions of this section.
(A) Authority. The Council may, after review, hearing and report by the Planning
Commission, grant a Conditional Use Permit authorizing the development of a
conditional use upon a showing by the applicant that the standards, criteria and purpose
of the district in which the proposed use is to be located, will be satisfied. The standards
and criteria shall include both general requirements for all conditional uses and, insofar as
practicable, requirements specific to each designated conditional use.
(B) Standards and conditions for conditional uses.
(I) A Conditional Use Permit may be granted for the following uses only:
(a) Any use specifically listed as a Conditional Use in the regulations
applicable to the district in which it is to be located or otherwise stated in this Chapter to
be a conditional use;
(b) Any use which is the same or similar, and consistent with, a conditional
use specified in the use district, the Planning Commission may consider and allow such
conditional use.
(2) A Conditional Use Permit shall be granted only if evidence is presented to
establish:
(a) That the proposed building or use at the particular location requested is
necessary or desirable to provide a service or a facility which is in the interest of the
public convenience and will contribute to the general welfare ofthe neighborhood or city;
(b) That the proposed building or use will not have a substantial or undue
adverse effect upon adjacent property, the character of the neighborhood, traffic
70
conditions, utility facilities and other matters affecting the public health, safety and
general welfare; and
( c) That the proposed building or use will be designed, arranged and
operated so as to permit the development and use of neighboring property in accordance
with the applicable district regulations.
(3) The Council may impose such conditions upon the premises benefited by a
conditional use as may be necessary to prevent or minimize injurious effects therefrom
upon other property in the neighborhood. Violation of such conditions and safeguards
shall be a violation of this Chapter.
(C) Procedure.
(1) An application for a Conditional Use Permit shall be submitted in triplicate
to the Zoning Administrator. The Planning Commission or the Council may require any
additional information they deem necessary before a hearing is held. In the Flood Plain
Districts, the application shall also follow the requirements of Chapter 155, Flood
Damage Prevention.
(2) A public hearing shall be set, noticed and conducted by the Planning
Commission in accordance with this Chapter. The Commissioner of Natural Resources
shall be given at least ten days' notice of hearing of all applications for conditional uses
in the Flood Plain Districts.
(3) Within 30 days after the conclusion of the public hearing, the Planning
Commission shall transmit to the Council a written report containing its
recommendations concerning the proposed conditional use. Such report shall be
accompanied by findings of fact specifying the reasons for the recommendation. In
considering conditional use applications in the Flood Plain Districts, the Planning
Commission shall consider all requirements of this Chapter together with Chapter 155,
Flood Damage Prevention.
(4) The Council shall, within 30 days of the receipt of the report of the Planning
Commission, grant or deny the conditional use or refer the matter back to the Planning
Commission for further consideration. The Council shall not grant a conditional use
unless it finds that the standards of this Section have been satisfied. Any proposed
conditional use which fails to receive the approval of the majority of the members of the
Planning Commission voting upon it shall not be approved except by a favorable vote of
four-fifths of all of the elected members of the Council.
(5) A Conditional Use Permit shall be valid for a period of one year i)'om the
date of its approval bv the Council, after which the same shall be revoked in the event
that any proposed construction, alteration or operation has not been started in accordance
with the terms of such permit.
71
(6) A Conditional Use Permit shall remain in effect only so. 19118 a~ 311_ ofth~_
conditions granted by the Council ..a!~ _obsery~d. The Permit is immediatelv void when a
condition is no longer observed and may only be renewed after a new application for a
Conditional Use Permit has been granted as set forth in this section. The Permit shall run
with the land so long as the conditions are observed. Failure of the City to discover the
violation of a condition. or failure by the City to act upon a violation of a condition does
not constitute a renewal of the Conditional Use Permit or a waiver of the City's right to
take enforcement action.
~- ----- ----- - --------
~~ 154.321 THROUGH 154.329 RESERVED FOR FUTURE EXPANSION.
~ 154.330 INTERIM USE PERMITS.
(A) Purpose. It is intended that the interim use permit procedures allow flexibility in
the use of land or structures in the city, when the uses are not permanent and when the
uses meet appropriate conditions and perfonnance standards that protect the public
health, safety and welfare. Interim uses may be pem1itted within the zoning districts of ,
the city subiect to the provisions of this section.. __
(C) Standards and conditions for interim uses.
(1) A Interim Use Pennit may be granted for the following uses only:
(a) Any use specifically listed as a Conditional Use or Interim Use in the
regulations applicable to the district in which it is to be located or otherwise stated in this
Chapter as a conditional use or interim use;
(b) Anv use which is the same or similar. and consistent with. a conditional
use specified in the use district, the Planning Commission may consider and allow such
use as an interim use; and
(c) A use which is limited in scope or duration.
(2) A Interim Use Permit shall be granted only if evidence 15 presented to
establish:
(a) That the proposed building or use at the particular location requested is
72
_ - -{ Deleted: as
- -{ Deleted: agreed upon
Deleted: , but nothing in this Chapter
shall prevent the city from enacting or
amending official controls to change the
status of conditional uses. ~
~
r Deleted: ~
Deleted: (B) Application, public
hearmg and procedure. The application,
public hearing, notice and procedure
requirements for interim use permits shall
be the same as those for amendments, as
provided in thid chapter. If a proposed
interim use is not listed as a pennitted
interim use in this chapter, a text
amendment to this chapter will be
required before an interim use permit
may he considered. ~
~
_ (e) Termination. All interim use
permits shall terminate on the happening
of any of the following events, whichever
first occurs: ~
~
(1) The date stated on the permit;~
~
(2) Upon violation of the condition
under which the permit was issued; o~
~
(3) Upon change in the city's zoning
regulations that renders the use
nonconforming. ~
~
(D) Standard,. The interim use must
specifically listed in the zoning district
where the property is located. The
interim use must meet or exceed the
performance standards set forth in this
chapter and other applicable city
ordinances. The interim use must comply
with the specific standards for the use
identified in this chapter and must
comply with all conditions of approval,
which shall be included in an interim use
permit agreement. ~
Formatted: Highlight
Deleted: (E) Conditions. The city
may attach conditions to approval of a
permit to mitigate anticipated adverse
impacts associated with the use, to ensure
compliance with the standards of
approval, to protect the value of other
property, and to achieve the goals and
objectives of the comprehensive plan.~
necessary or desirable to provide a service or a facility which is in the interest of the
public convenience and will contribute to the general welfare of the neighborhood or city~
(b) That the proposed building or use will not have a substantial or undue
adverse effect upon adiacent property, the character of the neighborhood. traffic
conditions, utility facilities and other matters affecting the public health, safety and
general welfare~
(c) That the proposed building or use will be designed, aITanged and
operated so as to permit the development and use of neighboring property in accordance
with the applicable district regu]ations~ and
(d) That the scope or duration of the proposed use is of a limited nature
which would not otherwise run with the land:
( e) That the scope or duration of the proposed use ]s subiect to clearly
defined and stated limitations.
(3) The city may attach conditions to approval of a permit to mItIgate
anticipated adverse impacts associated with the use, to ensure compliance with the
standards of approvaL to protect the value of other property, and to achieve the goals and
obiectives of the comprehensive plan.
(D) Procedure.
(I) An application for a Interim Use Permit shall be submitted in triplicate to
the Zoning Administrator. The Planninf-': Commission or the Council may require any
additional information they deem necessary before a hearing is held. In the Flood Plain
Districts. the application shall also follow the requirements of Chapter 155, Flood
Damage Prevention.
(2) A public hearinf-': shall be set. noticed and conducted by the Planning
Commission in accordance with this Chapter. The Commissioner of Natural Resources
shall be given at least ten davs' notice of hearing of all applications for conditional uses
in the Flood Plain Districts.
(3) Within 30 days after the conclusion of the public hearing. the Planninf-':
Commission shall transmit to the Council a written report containing its
recommendations concerning the proposed interim use. Such report shall be
accompanied bv findings of fact specifying the reasons for the recommendation. In
considerinf-': interim use applications in the Flood Plain Districts. the Planninf-':
Commission shall consider all requirements of this Chapter together with Chapter 155,
Flood Damage Prevention.
(4) The Council shalL within 30 days of the receipt of the report of the Planninf-':
Commission, f-':rant or deny the interim use or refer the matter back to the Planninf-':
73
Commission for further consideration. The Council shall not grant a interim use unless it
finds that the standards of this Section have been satisfied. Any proposed interim use
which fails to receive the approval of the maiority of the members of the Planning
Commission voting upon it shall not be approved except by a favorable vote of four-fifths
of all of the elected members of the Council.
(5) An Interim Use Permit shall be valid for a period of one year from the date
of its approval by the CounciL after which the same shall be revoked in the event that any
proposed construction. alteration or operation has not been started in accordance with the
tenns of such permit.
(6) The interim use must comply with the specific standards for the use
identified in this chapter and must comply with all conditions of approval. which shall be
included in an Interim Use Permit agreement.
(D) Termination. All Interim Use Permits shall terminate on the happening of any of
the following events, whichever first occurs:
( l) The date stated on the permit
(2) Upon violation ofthe condition under which the permit was issued; or
(3) Upon change in the citv's zomng regulations that renders the use
nonconforming.
(E) Right of Enforcement. All Interim Use Permits are immediately void when a
condition is no longer observed or a condition has expired. The Permit may only be
renewed after a new application for an Interim Use Permit has been granted as set forth in
this section. The Permit shall not run with the land. Failure of the City to discover the
violation of a condition, or failure by the City to act upon a violation of a condition does
not constitute a renewal of the Interim Use Permit or a waiver of the City's right to take
enforcement action.
~~ 154.331 THROUGH 154.349 RESERVED FOR FUTURE EXPANSION.
~ 154.350 AMENDMENTS.
(A) Amendments to this chapter may be initiated by the Planning and Zoning
Commission, City Councilor by a petition of a landowner or other interested party.
(B) Applications provided by the city must be completed, in writing, prior to any
consideration for an amendment. Fees for zoning amendments are established by
resolution ofthe City Council.
74
(C) The city may require the applicant to provide plans, maps, surveys and the like,
to ensure proper review and consideration of any proposed amendment to the written
provisions of this chapter or zoning district boundaries.
(D) After the filing of an application, or initiation by the City Council, the
Administrator shall set a date for a public hearing. Notice of the hearing shall be posted
and published at least ten days prior to the date of the hearing, and notice shall be mailed
to each property owner within 350 feet of the proposed zoning district boundary
amendments.
(E) Upon hearing the request, the Planning and Zoning Commission shall
recommend either approval or denial of the proposed amendment and shall state the
reasons of the action.
(F) Within 30 days of the recommendation of the Planning and Zoning Commission,
the City Council shall consider the recommendation of the Planning and Zoning
Commission and shall approve, deny or modify the request to amend this chapter.
~~ 154.351 THROUGH 154.399 RESERVED FOR FUTURE EXPANSION.
~ 154.400 ENFORCEMENT AND VIOLATIONS.
The Zoning Administrator is directed by the City Council to enforce the provisions
of this chapter and maintain all necessary records pertaining to this chapter, including but
not limited to amendments, variances, complaints and violations.
~~ 154.401 THROUGH 154.409 RESERVED FOR FUTURE EXPANSION.
~ 154.410 FEES AND LICENSING.
Fees and licensing provisions, affecting the administration and enforcement of this
chapter, shall be established by resolution of the City Council. The city does require
payment for its legal, planning and engineering expenses, resulting from the review of
proposed actions in the city. The City Council may require full payment of fees and out-
of-pocket expenses incurred in the review of proposed actions prior to taking final action.
~ 154.999 PENALTY.
Any person who violates or fails to comply with the provisions of this chapter shall
be guilty of a misdemeanor and upon conviction may be punished to the maximum extent
75
allowed by law. Each day a violation exists constitutes a separate offense.
APPENDIX A
TABLE 1: DISTRICT REGULATIONS LOT AND YARD REQUIREMENTS
District Regulations
Zoning District Min. Area Min. Front Rear Side Min. Min.
Width Setback Setback Setback Bldg. Size. Deleted: ** )
Ground Size
Floor Sq.
Ft.
R-I Rural 1 0 acres 300 ft. 35 [t. 25 ft. 10 ft. 1,050 [t. N/A
Residential!:..
R-2A Single- 11,500 ft. 80 ft. 35 [t. 25 [t. 10ft. 900 [t. 440 ft.
Family
Residential:"
R-2 Single- 15,000 ft. 100 ft. 35 ft. 25 ft. 10 ft. 1,050 ft. 440 ft.
Family
Residential:"
76
District Regulations
Zoning District Min. Area Min. Front Rear Side Min.
Width Setback Setback Setback Min.
Bldg. Size.. . Deleted: ..
Ground Size
Floor Sq.
Ft.
Deleted: 6 1
" Deleted: I
"" ~ Deleted: 0
I
R-4 Single- 17.500 ft. J.QQ fto . _ . ..15 ft n . . 25.,ft. ] 0 ft. ] ,050 ft.;"" 2[ Formatted Table l
Family
Manufactured
Housing:"
R-5 Single- ]7,500 ft. ] 00 ft. 35 ft. 25 ft. ]0 ft. ],200 f1. 600 ft.
Family
Residential
Estate:"
B-1 Commercial 20.000 ft. ] 50 ft. 30 ft. 30 ft. 20 ft. 1.000 f1. N/A
I-I Industrial ] acre 200 ft. 50 ft. 30 f1. 20 ft. 5.000 ft. N/A
77
District Regulations
Zoning District Min. Area Min. Front Rear Side Min. Min.
Width Setback Setback Setback Bldg. Siz~ G\ Deleted: --
Ground Size
Floor Sq.
Ft.
P-I 20,000 ft. 150 ft. 35 ft. 30 ft. 20 ft. 1,000 ft. N/A
Public/Semi-
Public
Deleted: 7,500 ft1
" Deleted: 50 ft.
" Deleted: 1
~-l & M-2 Soecitications to be dctcrmincd as a Planned Unit Develooment. Setbacks are/.f'.oYtr 0*'
by the Building: Code~ = ~ ~ ; ; ; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ; ; ~f\~\, , 0*'
Mixed Use&, 0*'
Res. J ,050 ft. Comm. 1,000 fl.'
" Deleted: 240 ft.
\\ \'
, Formatted: Font: Bold, Italic
Comment: Insert M-2 requirements
, here. Shouldn't this be decided by the
NOTES: P&Z?
. - ------------------------------ Formatted: Left
*. _ _ Tbc_ JIl,inil11l1l11 sizc of am residential building shall either be the ground floor square footage_~ Formatted Table
this Table. or a minimum of 1,650 finished square feet for the total structure, whichever is greater l\t t11"< Deleted: * Setbacks governed by
of building permit issuance. " Building Code.
"
, '
Deleted: *
,
Deleted: M
78
Page 32: [1] Deleted
Kurt Glaser
11/30/2007 10:04 AM
~ 154.051 CONDITIONAL USE PERMIT.
(A) Application for a conditional use permit to establish, construct and maintain a
mobile home park under the provisions of this chapter shall be made to the City Council.
(B) The application for a permit shall be accompanied by four copies of the mobile
home park plan showing the following, either existing or proposed:
(1) The extent and area proposed for mobile home park purposes;
(2) Roads and driveways;
(3) Location of sites or units for mobile homes;
( 4) Location and number of sanitary conveniences;
(5) Proposed disposition of surface drainage;
(6) Proposed street surfacing and lighting;
(7) Off-street parking;
(8) Patios;
(9) Location of community building;
(10) Location of recreation facilities;
(11) Location of sidewalks;
(12) Location of setback lines;
(13) Location of screening, planting, green areas and the like;
(14) Any other information requested by the city; and
(15) Location of utility lines.
(C) Each application for a conditional use permit shall be accompanied by a list of
the names and addresses of all persons owning property within 350 feet of any boundary
line of the proposed mobile home park site.
(D) Each applicant shall be required to pay a fee as determined by City Council
resolution at the time that the application is filed with the city. Fees shall be on file with
the Administrator. This money shall be used for the city to defray the expense of
processing the application.
(E) No conditional use permit for any mobile home park shall be issued by the City
Council until after a public hearing has been held on the matter in accordance with the
procedures for a conditional use contained in this chapter.
(Ord. 25, passed 10-13-1976) Penalty, see S 154.99
~ 154.052 BUILDING PERMIT.
(A) The applicant for a building permit for the construction of a mobile home park
or any part thereof shall comply with all of the provisions of the Minnesota Building
Code as those provisions may apply.
(B) Each application shall be accompanied by four copies of detailed plans of the
proposed constructions and improvement of the site.
(C) Every application for a building permit to construct a mobile home park or to
expand an existing mobile home park shall be accompanied by plans approved by the
State Department of Health showing that the applicant is complying with all
recommendations, suggestions and laws under the jurisdiction of that Department.
(D) The building permit shall be issued by the Building Inspector after it has been
approved by a majority vote of the City Council.
(Ord. 25, passed 10-13-1976) Penalty, see S 154.99
~ 154.053 SITE REQUIREMENTS.
(A) Every mobile home park shall be located on a well-drained area and the
premises shall be properly graded so as to prevent the accumulation of stormwaters or
other waters.
(B) Each unit shall have a gross area of not less than 7,500 square feet.
(C) Each unit shall have a minimum width of 60 feet and minimum depth of 125
feet measured at right angles to its side lines.
(D) Front setback of mobile homes shall be no less than 20 feet from the curb and
no less than five feet from the sidewalk.
(E) There shall be not less than 25 feet of space between mobile homes in all
directions.
(F) A patio shall be constructed on the ground beside each mobile home parking
space; this patio shall be not less than 200 square feet in area, constructed of concrete
with four inches minimum thickness or approved equal.
(G) At least one deep-rooted shade tree (minimum diameter two inches at time of
planting) shall be placed and maintained on each unit.
(H) Except for the area used for the mobile home, patio, sidewalk and off-street
parking space, the entire unit shall be sodded and maintained with grass.
(I) Each unit shall abut on and have access to a street. This street shall be
constructed of a minimum of 1-1/2 inches of bituminous surface material on a suitable
base of at least a 4-inch thickness.
(1) An integral concrete curb and sidewalk shall be constructed on each side of the
street and the face of this curb shall be at least 16 feet from the centerline of the street.
The sidewalk shall be not less than 36 inches wide. The curb design shall be of a type
approved by the City Engineer.
(K) There shall be an unused area of not less than 35 feet in depth along each public
street or way and 50 feet in depth along each trunk or county highway, and this area shall
be sodded and planted.
(L) Every mobile home site shall provide for a minimum setback of at least 25 feet
on all sides except where abutting upon a public street, way or residential area. This area
shall be planted to provide a screen between the mobile home park and adjacent property.
A chain link fence of at least five feet in height shall be constructed inside the live buffer.
(M) Where a mobile home park site abuts upon a residential area, there shall be a
setback of at least 30 feet and this area shall be landscaped.
(N) The parking of more than one mobile home on any single unit shall not be
permitted.
Page 32: [2] Deleted Kurt Glaser
(0) All mobile homes shall be owner-occupied.
11/30/2007 10:05 AM
(P) Underground water facilities, underground sewage disposal and street lighting
shall be installed and maintained by the owner of the mobile home park site and shall be
constructed in accordance with the laws of the state, the recommendations of the State
Department of Health and the ordinances and requirements of the city.
(Q) Fire hydrants shall be placed throughout the area in a way as to satisfy the
District Fire Marshal that adequate fire protection is achieved. No unit shall be more than
300 feet from a fire hydrant.
(R) An off-street parking area of at least 440 square feet shall be provided for each
unit. The parking area surface shall be equal to street construction. No on-street parking
is permitted in the mobile home park area.
(5) All utility lines within the mobile home park shall be buried.
(T) A minimum of 15 percent of the total mobile home park area shall be devoted
to park and recreation and shall be furnished with playground type equipment. The park
and recreation area shall either abut a street within the mobile park site or shall be
accessible to the remainder of the park by public walkways. In any park containing more
than 100 units, a swimming pool of suitable size shall be provided for the use of park
inhabitants.
(D) All boats, boat trailers, hauling trailers and all other equipment not stored
within the mobile home or the utility enclosure that may have been provided shall be
stored in a separate area provided by the park and not upon the plots occupied by mobile
homes nor upon the streets within the mobile home park.
(V) A utility enclosure having a minimum of ten feet by ten feet shall be provided
by operator and placed uniformly on each lot.
(W) The mobile home park shall be so arranged that all mobile home lots and
accessory buildings shall face an interior roadway.
(X) All mobile home parks must be serviced by a municipal sewage disposal
system. No permits will be issued until municipal sewage service is available.
(Y) There shall be no exterior radio or television antennas except for a community-
type antenna for the use of all park residents.
(Z) Overflow parking (other than on-lot parking) shall be provided throughout the
mobile home park, a minimum of one space for each three mobile home lots.
(AA) There shall be no retail sales of mobile homes or accessories thereto in the
limits of the mobile home park.
(BB) The mobile home bottom shall be enclosed with a commercially produced
fireproof material of the same color, material and configuration as the mobile home itself.
The enclosure shall cover from the frame or bottom of the chassis of the mobile home to
the concrete pad or ground.
(CC) No building or structure shall be added to a mobile home except an unenclosed
or unheated porch or a carport. The total square footage of all additional structures shall
not exceed 150 square feet and no structure shall extend from the mobile home more than
eight feet.
(Ord. 25, passed 10-13-1976) Penalty, see S 154.99
~ 154.054 MOBILE HOME PARK FACILITIES BUILDING.
Each planned mobile home residential development shall contain one or more
enclosed facility building(s) with space devoted to offices, storm shelter (basement),
laundry, sanitary and recreational facilities. The building shall be so designed so as to
provide at least 12 square feet of space per mobile home lot, but in no case shall the
building be less than 2,500 square feet.
(Ord. 25, passed 10-13-1976)
~ 154.055 REGISTER OF OCCUPANTS.
(A) It shall be the duty of each licensee and permittee to keep a register containing a
record of all mobile home owners and occupants located within the park. The register
shall contain the following information:
(1) The name and address of each mobile home occupant;
(2) The name and address of the owner of each mobile home;
(3) The make, model, year and license number of each mobile home and motor
vehicle;
(4) The state, territory or country issuing the licenses; and
(5) The date of arrival and of departure of each mobile home.
(B) The park shall keep the register available for inspection at all times by law
enforcement officers, public health officials and other officials whose duties necessitate
acquisition of the information contained in the register. The register record for each
occupant registered shall not be destroyed for a period of three years following the date
of departure of the registrant from the park.
(Ord. 25, passed 10-13-1976) Penalty, see 9154.99
~ 154.056 SUPERVISION.
The owner or operator or a duly authorized attendant or caretaker shall be in charge
at all times to keep the mobile home park, its facilities and equipment in a clean, orderly
and sanitary condition. The attendant or caretaker shall be answerable, with the owner or
operator, for the violation of any provision of this chapter to which the owner or operator
is subject.
(Ord. 25, passed 10-13-1976) Penalty, see 9 154.99
~ 154.057 REVOCATION OF PERMIT.
The City Council shall have the power to revoke any mobile home park special use
permit of any person who fails to conform to the requirements of this chapter or any other
applicable ordinance, state law or State Department of Health regulation. As a
prerequisite to revocation, the City Council shall hold a public hearing at which the
person may be heard. The person shall be given ten days' written notice specifying the
time and place of the hearing and a listing of alleged violations.
(Ord. 25, passed 10-13-1976)
ORDINANCE NO 1349
AN ORDINANCE AMENDING TITLE 10, SECTION 1009,
SIGN REGULATIONS
THE CITY OF ROSEVILLE 0
\
SECTION 1. Purpos. he Roseville City Code, . e 10, Chapter 1009 (Sign
Regulations) is hereby amend by ., i ymg and reYismg'language contained
..-----
within Section 1009. The purpose 0 'naB€e-lsto 'eliminate outdated wording and
references; to reformat for greater readability; to create greater flexibility and control; and to
update and include new language providing the City with greater control, flexibility, and clarity.
SECTION 2. Chapter 1009 is hereby amended as follows:
1009.01
PURPOSE & FINDINGS:
A. Purpose: The purpose of this Chapter is to create a comprehensive and balanced system
of signs which will facilitate communication. It is the intent of the Chapter to authorize
the use of signs which:
1. Encourage a desirable urban character.
2. Preserve and improve the appearance of the city as a place to live, work and visit.
3. Work to eliminate confusing, distracting, or dangerous sign displays which
interfere with vehicular traffic.
4. Promote commerce.
5. Provide for fair and equal treatment of sign users.
6. Promote efficient administration of the sign ordinance through a complete and
understandable sign ordinance.
7. Provide for eventual elimination of pre-existing non-conforming signs on a fair
and equitable basis.
B. Findings:
1. Signs are an essential element of any community. Their location, number. size,
design and relationship to each other and to other structures have a significant
influence upon a community's appearance and welfare, and a resultant effect upon
a viewer's perception ofthe community. Signs serve a useful purpose in
communicating a message, whether commercial or otherwise.
2. Where signs are not properly regulated, they contribute to visual clutter,
confusion, aesthetic blight, and create an unpleasant impression. They may cause
traffic hazards and impede rather than enhance commerce. In such situations,
signs may fail to achieve their original objective of communication. Failure to
appropriately regulate signs may adversely affect the public health, safety and
welfare.
- 1 -
3.
Property and facilities located within the public right-of-way, such as utility poles,
benches, hydrants, bridges, sidewalks, traffic sign posts, and similar structures are
not by tradition or designation a forum for communication by the general public.
The city wishes to preserve these structures for their intended purpose, which is
the safe, efficient and pleasant movement of vehicular and pedestrian traffic, and
the safe operation of utility systems.
4.
The regulations and prohibitions of the chapter are necessary to preserve items
and structures located within the public right-of-way for their intended purposes,
and to prevent the visual clutter, blight, and traffic hazards caused by signs.
1009.02
GENERAL PROVISIONS
A. Definitions: As used in this Chapter, the following words and terms shall have the
meanings ascribed to them in this section:
1. SI GN: A sign is a name, identification, description, display, illustration or device
which is affixed to, painted or represented directly or indirectly upon the outside
of a building or other surface other than a flag as defined in this section and which
directs attention to an object, product, place, activity, person, institution,
organization or business. A sign shall be considered as a structure or a part of a
structure for the purpose of applying yard and height regulations.
2. AREA IDENTIFICATION SIGN: A freestanding sign which identifies the
name of, including but not limited to, a residential development, a multiple
residential complex, a shopping center or shopping area, a business park, an
industrial park, a building complex, or any combination thereof.
3. AUXILIARY CANOPY: A roof-like structure projecting over, including but
not limited to, gasoline pump islands, drive-through banking or any canopy with a
drive-through lane. An auxiliary canopy provides weather protection for more
than the building entrance or windows. Auxiliary canopies may be attached or
detached from the principal building. For sign purposes auxiliary canopies shall
be considered a separate structure.
4. BALLOON: A flexible, nonporous bag inflated with air or a gas lighter than air,
such as helium.
5. BANNER: A temporary sign constructed of cloth, paper, plastic, or other
material upon which copy is written and supported either between poles or
fastened to buildings or other structures.
NOW OPEN
6. BILLBOARD: A sign that is erected and used for the purpose of selling or
leasing advertising space or for the purpose of selling goods/services other than
those offered on the premises.
7. BUILDING CANOPY or AWNING: A roof-like structure projecting from the
building over an entrance or window that provides weather protection for the
entry or window and may include the immediately adjacent area. Building
canopies shall be considered part of the wall area and thus shall not warrant
additional sign area.
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8. BUILDING COMPLEX: A group of 2 or more buildings, planned or developed
in a joint manner with shared parking facilities, regardless of whether such
buildings or uses are located on the same lot or parcel.
9. COMMERCIAL SIGN: A communicative device that seeks to draw attention
to or promote a commercial, business or economic interest or activity in contrast
to noncommercial signs that expresses an opinion or viewpoint of a social or
political nature.
10. CONSTRUCTION SIGN: A non-illuminated sign announcing the names of
architects, engineers, contractors or other individuals or firms involved with the
construction, alteration or repair of a building or property or announcing the
character of the building enterprise or purpose for which the building is intended
but not including the advertisement of any product.
11. DIRECTIONAL SIGN: A sign which contains no advertising and is intended to
facilitate the safe movement of pedestrians and vehicles into, out of and around
the site on which the sign is located.
Coffee
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- 3 -
12. FLAGS: A piece of cloth or bunting varying in color and design, attached to a
pole, used as a symbol, standard, emblem or insignia, or containing text other than
that associated with a commercial, business or economic interest or activity.
13. FLASHING SIGN: A sIgn on which artificial light is not maintained stationary
or constant in intensity, form or color at all times including but not limited to
video signs, electronic message boards, animated signs, electronic display screens
and scrolling signs. Flashing signs shall not include signs where artificial light
changes in intensity, form or color three times or less in a 24 hour period.
14. FREESTANDING SIGN: Any sign not affixed to a building including, but not
limited to, a ground sign, pole sign, py Ion sign or monument sign.
15. GROUND SIGN: A sign mounted on the ground attached either to footings or a
base with an open space between the ground and the sign face.
16. HEIGHT OF FREESTANDING SIGN: The actual distance from the grade to
the highest point of the sign, including any structure or architectural component of
the sign.
17. HOLIDAY SIGN: A sign or display which contains or depicts messages
pertaining to a national, state or religious holiday and no other matter.
18. HOME OCCUPATION SIGN: A sign located at a residence advertising a
business conducted in the residence or by persons residing in the residence.
19. ILLUMINATED SIGN: A sign on or from which artificial light is directed.
20. MASTER SIGN PLAN: Written document describing all proposed signs
regarding a specific site, development, or complex, submitted by owner/manager
including all type of signs/signage desired, reviewed and approved by the city,
and shall at a minimum include sign type, location, size illustrations.
21. MENU/ORDER BOARD SIGN: A sign installed in a drive-through facility and
intended for drive-through customers advertising the products available at the
facility .
- 4 -
22. MOBILE SIGN: A sign designed or intended to be moved or transported.
Examples of mobile signs are included, but not limited to, A - or T - frame signs,
sandwich signs and signs designed to be transported by trailer or on wheels. A
sign may be a mobile sign even if it has wheels removed, was designed without
wheels, or is attached temporarily to the ground, a structure, or other sign. Signs
mounted on a vehicle for advertising purposes, when the vehicle is parked and
visible from public right-of-way, except signs identifying a business when the
vehicle is being used in the normal day-to-day operation of that business.
f?@rg1i~lli
23. MONUMENT SIGN: A freestanding sign located directly at grade.
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24. NAMEPLATE SIGN: A wall sign which states only the name or address or
both of the business or occupant of the lot where such sign is placed. Letters
and/or numbers must be at least 4 inches in height and the maximum sign area
shall not exceed 4 square feet.
25. NON-COMMERCIAL SIGN: Communicative devices that express an opinion
or viewpoint of a social or political nature in contrast to commercial signs that
seek to draw attention to or promote a commercial, business or economic interest
or activity.
- 5 -
26. NON-CONFORMING SIGN: A sign which lawfully existed prior to (date
ordinance passes here), but does not confonn to this chapter.
27. OFF-SITE SIGN: A sign which advertises any business, product, person, event
or service conducted, sold, manufactured or located off the premises where the
sign is located.
28. PAINTED SIGN: A sign painted directly on the outside wall or roof of a
building or on a fence, rock or similar structure or feature in any zoning district.
29. PENNANTS: Pieces of cloth, paper, or plastic intended to be individually
supported or attached to each other by means of rope, string or other material, and
intended to be hung on buildings or other structures or between poles, and does
not include any written or graphical, or other form of copy.
30. PERMANENT SIGN: Any sign which is displayed or intended for display for
an indefinite period of time.
31. POLE SIGN: A sign that is mounted at or near the top of a single or double
pole.
Coffee
Shop
32. POLITICAL SIGN: A sign announcing candidates seeking political office or
issues to be voted upon at a political election.
- 6 -
33. PROJECTING SIGN: A wall sign which protrudes horizontally more than 1
foot from the wall to which it is attached.
34. PYLON SIGN: A freestanding sign supported by its own structure and not
attached to any building.
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35. READERBOARD SIGN: A sign where the message is changeable with letters
or numbers.
36. REAL ESTATE SIGN: Any sign pertaining to the sale, lease or rental ofland or
buildings.
37. ROOF SIGN: Any sign erected upon or projecting above the roofline ofa
structure to which it is attached. For purposes of this code, the "roofline" shall be
considered the top of the cornice of a flat roof, the eave line of a pitched roof and
the bottom edge of any sloping section of a mansard roof.
..
38. ROTATING SIGN: A rotating sign is a sign or display which rotates on its axis
by mechanical means.
39. SEARCHLIGHT: A powerful light or lights equipped with a reflector to
produce a bright beam or beams.
40. SPECIAL EVENT DEVICE: Any sign, searchlight, laser display or other
attention-getting device used in conjunction with a special event.
41. TEMPORARY SIGN: Any sign designed or intended to be displayed for
limited periods of time.
42. TRAFFIC VISIBILITY TRIANGLE: The area created by drawing an
imaginary line between points 30 feet back (residential) or 40 feet back
(commercial) from where the curb lines of the intersection quadrant meet.
Propert~ Line
::/' = Visibility Triangle
Residential
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Commercial
43. UNDER CANOPY SIGN: Any sign hanging below a building canopy, awning,
or building overhang.
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- 8 -
44. WALL SIGN: A sign constructed on a panel attached to a structure or raised
letters or symbols attached to a wall or combination thereof. No part of such a
sign is painted on the wall surface.
SIGN
45. WHIRLING DEVICE: Any attention-getting device that twirls or spins by
control of wind or mechanical means.
46. WINDOW SIGN: Any sign placed on the interior of a window, or painted on a
window such that it can be read from the outside of the building.
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47. WINDSOCK: A large roughly conical device open at both ends and attached to
a stand by a pivot so that the wind blows through it, not including devices used
for navigational purposes.
B. Diagrams: The inclusion of diagrams is for illustrative purposes only. Where a diagram
conflicts with text, the text shall control.
C. Prohibited Signs: The following signs are prohibited in all zoning districts:
1. Any sign not specifically allowed by this Ordinance is strictly prohibited in all
zoning districts, including off-site signs, flashing signs, mobile signs, roof signs,
rotating signs, painted signs, and billboards. The following signs are permitted in
residential districts for non-commercial purposes only: Banners, balloons,
pennants, spinners, windsocks, streamers, ribbons, whirling devices, or light bulb
strings.
- 9 -
2. Signs Conflicting With Traffic Signals: No sign shall be erected that, by reason
of position, shape or color, would interfere in any way with the proper functioning
or purpose of a traffic sign or signal. All displays shall be shielded to prevent
light from being directed at oncoming traffic in such brilliance as to impair the
vision of any driver. This includes indoor signs which are visible from public
streets (also see Section 1009.02A42).
D. Placement of Signs: Signs are subject to all height and setback requirements listed in
Section 1009.05 and 1009.08 (charts) of this Title and in no case shall a building sign
extend above the height of a building to which it is attached or be placed on the roof of a
structure. Signs shall not be permitted within the public right of way or easements except
on benches and shelters which have received permits as per Section 703.05 of this code,
and newspaper and cabstands, all of which shall be as governed by Chapter 901 and
Section 703 of this code. City, county and state traffic directional signs are pennitted.
1009.03
PERMITS
A. Required: A sign permit is required prior to the improvement, erection, construction,
enlargement, alteration or repair of any sign unless exempt by this Chapter.
1. Permanent Sign:
a. Permit Required: A permit is required for all permanent signage,
including those approved through the Master Sign Plan process.
2. Governmental Signs: Except for traffic related signage, all permanent city, or
other governmental unit signage including flags must be approved by the City
Council.
3. Temporary Signs:
a. Permit Required: Pennits for temporary signs, grand opening signs,
special event signage and other attention getting devices may be issued for
searchlights and/or balloons not exceeding 2 feet in the largest dimension,
tents, laser light shows and similar attention getting devices. Temporary
signs shall not include banners.
b. Removal: During any calendar year, temporary signs, grand opening
signs, special event signage and other attention getting devices may be in
place no more than 12 days, except institutional uses which shall be
allowed for no more than 30 days.
- 10 -
c. Size: The surface area of any temporary sign shall not exceed 75 square
feet. This area shall be in addition to permanent, window and other
signage allowed elsewhere in this chapter.
d. Location: A temporary sign shall be located a minimum of 15 feet from a
property line.
B. Not Required: A permit is not required for the following sign.
1. One noncommercial sign no larger than 6 square feet and no higher than 6 feet tall
may be displayed on any lot in all zoning districts without obtaining a permit.
2. Where this Chapter allows any commercial sign, a noncommercial sign meeting
the same size, location, and other standards shall be allowed without obtaining a
pennit.
3. Signs including electronic message devices within the interior of buildings, or
signs which are not intended to be visible beyond the premises on which the signs
are located are not subject to the regulations set forth in this Chapter. (Ord. 1163,
7-24-1995)
4. Nameplate Signs
5. Construction Signs: Construction signs shall be confined to the site of
construction, alteration or repair and shall be constructed of high-quality material
maintained in good repair. No more than one sign is pennitted on each street
frontage the project abuts. The sign shaIl be removed within 180 days of the date
of the issuance of a building permit for the work. A conditional use permit is
required for a contractor sign to remain in place longer than all owed by this
subsection. Construction signs are allowed in zoning districts in accordance with
the following criteria:
ZONING SIZE HEIGHT PLACEMENT ISETBACK
DISTRICT
R-1 & R-2 16 sq. ft. 8 foot maximum 5 feet from property linelzero if
attached to security fence
All other Districts 32 sq. ft. per 12 foot maximum 5 feet from property linelzero if
street frontaf;?e attached to security fence
- 11 -
6. Directional Signs: Directional signs may be incorporated into a development
including information such as traffic directions, house numbers, management
office location or other information necessary to direct persons to facilities or
areas within the development; provided however, that such signs shall not exceed
41/2 square feet in size and 6 feet in height and are not closer than 1 foot from a
public street right of way. Off site directional signs are prohibited.
7. Flags
8. Garage/Yard Sale Signs: The sign shall only be displayed during the term of the
sale and must be removed when the sale is completed.
9. Holiday signs may be displayed over a period not to exceed a total of 60 days per
calendar year. The aggregate total area of such signs shall not exceed 50 square
feet.
10. Political signs to the extent that the following criteria are met:
a. In years when a state general election is held, political signs may be posted
from August 1 until 10 days following the state general election. Any such
signs must be removed by those responsible for their being posted.
b. In years when no state general election is held, if there is a primary for any
office, political signs for all offices may be posted no more than 21 days
before the primary election. When there is no primary for any office, such
signs may be posted not more than 21 days before the general election. All
such signs must be removed by those responsible for their being posted
within 5 days following the general election. Said political signs shall not
exceed 12 square feet gross area.
c. Political signs shall be set back at least 15 feet from the outside edge of
any street or back of curb of all city and county streets.
d. Political signs shall not be placed so as to cause a hazard to public safety.
e. Political signs shall not be placed on any property without permission of
the property owner.
f. Political signs shall not be located on any city owned property.
g. Signs in violation ofthe above provisions may be removed by city staff
and stored for 2 weeks. After 2 weeks, unclaimed signs will be disposed of
by the city.
- 12 -
I _
II. Real estate signs to the extent that the following criteria are met:
a. Single and Two-Family Residential Property: For the purpose of
selling, renting or leasing any single or two family residential property, a
real estate sign not in excess of 10 square feet in gross surface area in
single and two-family districts may be placed within the front yard or in
the public street right of way beyond the front yard. No part of the sign
shall be closer than 6 feet from the curb. If there is a sidewalk, no part of
the sign shall be closer than 2 feet from the edge of the sidewalk.
b. Multiple-Family Residential Property: For the purpose of selling or
promoting a multiple-family residential property of 6 or more dwelling
units, a sign not to exceed 35 square feet and not more than 8 feet in
height or a combination of a freestanding sign and wall mounted signs not
to exceed 70 square feet may be erected upon the site not less than I 5 feet
from a property line.
c. Business and Industrial Property: For the purpose of selling, renting, or
leasing business/industrial properties, a real estate sign not exceeding 10
square feet shall be mounted on the building wall or incorporated into an
existing freestanding sign. On multi-tenant property where new signage is
requested, said real estate/leasing agent sign shall be made part of the
required Master Sign Plan in Section 1009.03D.
d. Number of Signs: Only I sign is permitted per lot, except double fronted
or through lots may be permitted an additional sign on the second frontage
and lots with lakeshore frontage may be allowed an additional sign on the
lake side of the lot at least 25 feet back from the shoreline of the lake.
e. Removal of Signs: Real estate signs shall be removed within 7 days
following the lease or real estate closing.
12. Security System Signs: Signs identifying the presence of a security or alarm
system are allowed not to exceed 2 square feet.
13. Window Signs: Signs affixed to or painted on windows or placed within 36 inches
of a window to be viewed from the exterior of the building shall not occupy more
than 25% ofthe total window area, nor shall they be placed in a location that
would block the view into the building from a public street of the clerk's or
cashier's area. Under no circumstances shall the total area of window sign age
exceed V2 the allowable area of wall signage for the affected building.
- 13 -
C. Permit Process:
1. Administration: Administration, enforcement, permits, fees and inspections
shall be as established for building permits in Title 9 of the City Code. Exception:
Written permit applications are not required for no-fee temporary special events.
2. Variance: A sign permit applicant or permit holder may appeal an order or
determination by making an application for a variance. A variance request must
follow the procedures established in Section 1013.02, and shall be processed in
accordance with Minnesota Statutes Section 15.99 and Section 1014.04 of this
Code.
D. Master Sign Plan:
1. Purpose. The purpose of the Master Sign Plan is to establish fair and equitable
criteria for complex signage situations that accommodate the need for a well-
maintained, safe, and attractive community, and the need for effective
communications including business identification.
2. Effect of Master Sign Plan. Upon approval of a Master Sign Plan, all future
signs shall conform to the Master Sign Plan. Modifications to the provisions of
the Master Sign Plan may be granted only with the approval of a new Master Sign
Plan.
3. Required. A Master Sign Plan is required for:
a. Building complexes
b. Multi-tenant structures
c. Covered mall buildings, shopping centers or strip malls
d. Planned unit developments
e. Area identification signs
f. Churches/places of worship/institutions/schools
4. Criteria. The following criteria should be used when developing a Master Sign
Plan.
a. Guideline. If possible, the underlying zoning district regulations
(pertaining to signage and listed in Section 1009.10) should be used as a
guideline with minimum variations as needed to meet the intent of this
Chapter.
b. Location. No freestanding sign shall be locate closer than 5 feet to a
property line, roadway easement, of other public easement. No
freestanding sign shall be erected that, by reason of position, shape or
color, would interfere in any way with the proper functioning or purpose
- 14 -
of a traffic sign or signal. No freestanding sign shall be located within the
Traffic Visibility Triangle. No freestanding sign shall impede/impair
traffic.
c. Quality. All signage shall improve the aesthetics or functional use of the
site. All freestanding signs shall include materials that compliment the
architectural design/existing building materials, including but not limited
to face brick, natural or cut stone, integrally colored concrete masonry
units/rock faced block, glass, pre-finished metal stucco or similar
cementation coating, and/or factory finished metal panels. Landscaping
may be integrated into any freestanding sign.
d. Type. All types of signs are permitted except those prohibited by Section
1009.02C.
e. Size. The size of all signage (building wall and free standing) shall be
limited to 1.5 times the maximum allowed under Section 1009 .08 (Wall
Signage ).
f. Height. The height of any free standing sign shall be limited to a height
of 40 feet.
g. Number. The number of freestanding signs shall be reasonably related to
the number of access points to public streets and/or the number of tenants
within the multi-tenant structure.
5. Approval Process: Submittal of a Master Sign Plan application,
appropriate/applicable information, and fee ($250 residential and $350
commercial/industrial) is required with the Office of Community Development.
The Development Review Committee shall hold an administrative hearing and
take appropriate action on requests for Master Sign Plan approvals. The
following shall apply:
a. The Community Development Director or Designee shall schedule an
administrative hearing before the Development Review Committee, the
time and place for which shall be set by the Community Development
Director or Designee, to consider the proposed Master Sign Plan with
respect to the criteria in Section 1009.03D4 of this title.
b. The applicant and contiguous/effected property owners shall be notified
by the Community Development Director or Designee of such time and
place in writing not less than 10 days prior to such hearing. The
Community Development Director or Designee may notify additional
property owners if a determination is made that such additional
notification is merited.
- 15 -
c. The Development Review Committee shall hold the administrative
hearing as scheduled by the Community Development Director or
Designee.
d. The Development Review Committee shall render and forward a
recommendation to the Community Development Director or Designee for
approval and the Community Development Director or Designee shall
make the final decision.
e. Should the applicant or a contiguous property owner object to the
Community Development Director or Designee decision on the Master
Sign Plan, an appeal may be filed within 10 days following the
administrative decision by the Community Development Director or
Designee. The appeal shall be made in writing and shall be addressed to
the City Manager. The Variance Board shall take up the appeal at a
regular board meeting within 45 days on the appeal. The Master Sign Plan
appeal shall follow notice requirements and other procedures contained in
Chapter 108 of the Title.
1009.04
SIGN AREA COMPUTATION:
A. Computation of Sign Surface Area of Individual Cabinet or Panel Sign: To compute
the area for a cabinet or panel sign face: Compute by means of the smallest square,
rectangle, circle, triangle, or combination thereof that will encompass the extreme limit of
the copy, representation, logo, emblem, or other display, together with any material or
color forming an integral part of the background or the display or used to differentiate the
sign from the backdrop or structure against which it is attached or affixed, but not
including any support framework, bracing, or decorative fence or wall when such fence
or wall otherwise meets the pertinent zoning regulations and is clearly incidental to the
display itself.
B. Computation of Sign Surface Area of Individual Signs Mounted Letters or Symbols:
When a sign is composed of individual mounted letters or symbols, the sign surface area
shall be determined hy means of the total or the smallest contiguous square, rectangle,
circle, triangle, or combination thereof that will encompass each letter, representation,
logo, emblem or other display.
I D I
AI.. = (A X B) + (C X Dj
ArM = A X B
- 16 -
1_
U.ncle...tee~s
Bo_oks
C. Computation of Sign Surface Area of Awning or Canopy: To compute the area of an
awning or canopy sign: compute by means of the smallest square, rectangle, circle,
triangle or combination thereof that will encompass the extreme limits of the copy,
representation, logo, emblem or other display, together with any material or color
forming an integral part of the background or the display or used to differentiate the sign
from the backdrop.
1009.05
RESIDENCE DISTRICT SIGNS:
A. Sign Regulations: The following signs are permitted in residence districts (also referr to
chart on next page):
1. Single-Family, Duplex: Exclusive of house numbers, 1 nameplate sign for each
single-family or duplex dwelling unit which shall not exceed 3 square feet in area
per surface and no sign shall be so constructed as to have more than 2 display
surfaces and must be at least 10 feet from the street right-of-way line. Permitted
home occupations may have a business sign not to exceed 6 square feet and such
sign shall not be illuminated. (Ord. 723,4-12-1974; amd. 1995 Code)
2. Multiple-Family Units: Exclusive of house numbers, 1 nameplate sign for each
dwelling group of 6 to 12 units which shall not exceed 6 square feet in area per
surface. One nameplate sign for each dwelling group of 12 to 24 units which shall
not exceed 24 square feet in area per surface. One nameplate sign for each
dwelling unit group above 24 units which shall not exceed 1 square foot per unit
in the dwelling group to a maximum of 100 square feet in area per surface. Such
nameplate signs may be attached to the wall of a building or may be freestanding.
In no case shall more than 1 sign be allowed for each dwelling group. All such
signs shall conform to setback requirements of the Code. No sign shall be
constructed so as to have more than 2 display surfaces. Said signs may indicate
the names of the buildings, project names, may be a directory for occupants or
state any combination of the permitted information. (Ord. 878,3-23-1981)
B. Institutional Uses: Churches, schools and other permitted institutional uses in residence
districts may have an illuminated nameplate sign not greater than 50 square feet in gross
surface area.
- 17 -
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1009.06
THROUGH AND CORNER LOTS:
In the case of through lots and/or comer lots, the square footage of signs shall be allowed for all
wall areas facing said street based on the requirements as outlined in Section 1009.08 of this
Chapter, except that 1 freestanding sign shall be allowed per interior or comer lot, 2 freestanding
signs for through lots or triple-fronted lots and 3 freestanding signs for lots surrounded on all
sides by public street frontage. (Ord. 1116, 10-12-1992)
1009.07
NONCONFORMING SIGNS:
All nonconforming signs in existence on May 21, 2007 may continue subject to the provisions of
Chapter 1011 of this Title and State Law. (Ord. 884,7-27-1981)
1009.08
REGULATIONS FOR B, SC AND I DISTRICTS:
Within the Business, Shopping Center and Industrial Districts the following requirements
pertaining to wall and freestanding signs shall apply (see chart next page).
1009.09
SEVERABILITY:
Each part of the Section is hereby declared to be independently operative, and if any provisions
of the Section is determined to be facially invalid, or invalid as applied to a particular set of
circumstances, the remaining parts and the application of such parts to any person or
circumstance other than those held invalid, shall not be affected thereby, and it is hereby
declared that such parts would have been passed independently of parts known to be invalid.
- 19 -
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1 SECTION 3. Effective Date. This ordinance amendment to the Roseville City Code
2 shall take effect upon passage and publication.
3
4 Passed this 2151 day of May, 2007
5
6
- 21 -
i-t" 'j 0
1195-660.1 SIGNS: It is unlawful for any person to construct, erect, install, or maintain any sign in
the City of Hugo, except in conformance with this ordinance.
Subd. 1 Signs that meet the standards contained in this ordinance may be allowed as an
accessory use in the appropriate zoning district of the City with a permit issued by the Building
Official. Site plan approval of the location, type, sty Ie, and dimensions of all signs is required
before issuance of the sign permit by the Building Official. Any Conditional Use Permit
required shall be acquired by the applicant prior to the Building Official issuing any permit for
the sign.
Subd. 2 The Building Official shall issue a numbered permit for every sign approved.
Every sign erected shall have the permit number issued by the Building Official permanently
displayed at a conspicuous place on the sign.
Subd. 3 The following signs located outside of a Shoreland Impact Zone are exempt
from any permitting requirement found in this section for the period of time required to meet
their purpose:
(A) Traffic control signs erected by government authority.
(B) Traffic flow informational signs on public and private property.
(C) Election signs erected in accordance with Minnesota Statues 2Il.B. Election
signs must be removed within forty-eight (48) hours following the closing of the polls
to which they are related.
(D) Real estate for-sale signs of eight (8) square feet or less located on the property
being advertised for sale.
(E) The flags of any nation, state, municipality, U.S. military service, or veterans
organization chartered by Congress.
(F) Safety notices and warnings.
(G) Temporary signs advertising garage sales or similar limited activities, of six (6)
square feet or less, located on the property where the event or activity the sign is
advertising is located.
(H) Signs identifying buildings listed on a state or national historic buildings
register.
(I) One contractor's sign, not exceeding sixty-four (64) square feet, located on the
site of construction of a new building or facility. The sign may identify the project
architects, engineers, or similar professionals with responsibility for the project, as well
as the contractors working on the site, project financing institutions, and building
owners. .
(J) Holiday decorations in their season.
(K) Temporary banners announcing an activity or event.
(L) No hunting, no trapping, no fishing, no trespassing, and similar signs erected in
accordance with Minnesota Statutes 97B.OO 1.
(M) Signs erected under the direction of a City ordinance, state or federal law, or
court order.
Subd. 4 Sign-support structures, mounting brackets, and similar hardware must be of a
color to blend in with their background and be as unnoticeable as possible, except where
identification is needed for public safety purposes.
Subd. 5 Any outdoor sign that advertises, identifies, or pertains to any activity no longer
in existence, shall be removed by its owner, or persons otherwise responsible, within thirty (30)
days from the time the activity ceases. Seasonal activities may retain conforming signs during
their regular off-season periods.
Subd. 6 Every sign and sign-support structure shall be erected in conformance with the
City and State Building Code.
Subd. 7 No sign may extend over or encroach upon any yard setback area or public
easement, except by Conditional Use Permit.
Subd.8 Illuminated signs are a permitted accessory use in the General Industrial,
Restricted Industrial, Residential Service, General Business, and Central Business Zoning
Districts. Illuminated signs may be allowed in all other zoning districts by Conditional Use
Permit.
(A) Signs that are lit, or in other manner use electricity, shall be constructed in
conformance with the State Electrical Code.
(B) Illuminated signs, singularly or as a group, may not direct any light onto or
across any residential property unless it is diffused to less than O.4-foot candles.
( C) Internally lit signs shall be limited to one (1) per building tenant.
Subd. 9 The following signs are prohibited:
(A) Signs that by reason of position, shape, movement, color, or other fashion
resemble, or interfere with, the proper functioning of a traffic sign or signal, or
otherwise constitute a traffic hazard are prohibited.
(B) Signs with flashing lights, intermittent lights, and revolving beacons are
prohibited, except time, temperature, and similar public service displays are allowed.
(C) Signs that block the view of driveway or street intersections in such a manner as
to pose a safety hazard are prohibited.
(D) Private signs on a public right-of-way or easement are prohibited, except
consolidated directional signs erected by public authority.
(E) Signs purporting to be a street name sign are prohibited, unless erected by
authority of the City Council.
(F) Signs, including the exempt signs listed in Subd. 3 of this section, painted on or
directly affixed to any tree, fence, utility pole, rock, ledge, or other natural feature are
prohibited.
(G) Except for the exempt signs listed in Subd. 3 of this section, signs erected,
installed, or constructed on any parcel of land or lot that does not contain a building are
prohibited.
(H) Signs, any part of which extend above the height of the roof or parapets of the
principal building on the site, are prohibited.
(I) Signs painted and! or mounted on the roof of any building or structure are
prohibited.
(J) Advertising signs located off the property where the goods or service advertised
are being provided are prohibited, except by Conditional Use Permit.
(K) Signs that extend over, or into, any public road easements are prohibited, except
by Conditional Use Permit.
(L) Signs that extend over any private sidewalk, pedestrian path, or bike path, which
are not at least ten (10) feet above the surface ofthe traveled way, are prohibited.
Subd.l0 The signs identified are allowed for each lot or parcel of land in the zoning
district indicated.
Sign Allowance Table
Business ID
Zonin District Wall Si n Si n Advertisin Si n
Not
Agricultural Allowed Allowed Allowed Not Allowed
Not Not Allowed
Long-term Agricultural Allowed Allowed Not Allowed
Not
Rural Residential Allowed Allowed Allowed Not Allowed
Not
Urban Residential Allowed Allowed Allowed Not Allowed
Multi-family Housing Allowed Allowed Allowed Not Allowed
R-4, R-5
Residential Service Allowed Allowed Allowed Allowed Not Allowed
R-I, R-2, R-3, CR-3
Not
Central Business Allowed Allowed Allowed Allowed Not Allowed
Restricted Commercial Allowed Allowed Allowed Allowed Not Allowed
General Business Allowed Allowed Allowed Allowed Conditional Use
Restricted Industrial Allowed Allowed Allowed Allowed Not Allowed
Not
Office/Light Industrial Allowed allowed Allowed Allowed Conditional Use
Not
General Industrial Allowed allowed Allowed Allowed Conditional Use
Not Not Not
Central Residential Allowed Allowed Allowed Allowed Not Allowed
Subd. 11 Within appropriate zoning districts, one (1) wall sign is allowed for each public
entrance to a building, not to exceed in aggregate one and one-half (1-112) square feet for each
lineal foot of building face for that side of the building on which the sign is to be located, or ten
(10) percent of solid wall space (excluding windows and doors) for the same wall, whichever is
less. All wall signs must run parallel to a street or lot line. A maximum of forty (40) percent of
a wall sign may be of changeable copy.
Subd.12 Within appropriate zoning districts, one (1) pylon sign with two (2) faces, not
exceeding thirty-six (36) square feet of sign per face, shall be permitted for each lot. A
maximum of forty (40) percent ofa pylon sign face may be of changeable copy.
Subd. 13 Within appropriate zoning districts, one (1) monument sign with two (2) faces,
not exceeding forty (40) square feet per sign face, shall be permitted for each lot not containing
a pylon sign. A monument sign may not exceed the height of the abutting wall of the principal
building on the site. A maximum of forty (40) percent of a face of a monument sign may be of
changeable copy. Monument signs located in the Agricultural, Rural Residential, Urban
Residential, Central Residential, and Multi-family Residential Zoning Districts may only be
used to identify subdivisions, neighborhoods, or housing complexes.
Subd. 14 Within appropriate zoning districts, one (1) home-based business identification
sign, not exceeding two (2) square feet, identifying a business or service conducted on the
premises and affixed directly to a building, is allowed.
Subd. 15 Within appropriate zoning districts, one (1) advertising sign with two (2) faces,
not exceeding one hundred twenty-eight (128) square feet in size per sign face, may be allowed
by Conditional Use Permit for each one thousand (1,000) feet of road public road frontage, as
measured from the base of the sign.
Subd. 16 All signs and their supporting structures, shall be maintained in a safe, secure,
and serviceable repair by their owner. The Building Official shall order the repair or removal
of every sign and sign-support structure that becomes dilapidated, worn-out, unreadable,
unsafe, hazardous, or redundant. If the sign and/or its supporting structure is not repaired,
removed, or otherwise brought into compliance with this ordinance within thirty (30) days of
the Repair or Removal Order being issued, the Building Official shall revoke the sign permit.
Notice of the repair order shall be provided to the property owner of record by regular U.S.
Mail.
Subd. 17 No sign or sign-support structure shall be permitted in or upon public waters,
except signs conveying safety information erected by appropriate government authority. No
sign may be erected in a Shore Impact Zone, except one (1) advertising or business
identification sign may be allowed by Conditional Use Permit for each commercial or industrial
lot in a Shore Impact Zone. In order to approve such a Conditional Use Permit, the City
Council must find all of the following:
(A) The sign must serve the purpose of providing the general public notice of goods
or services they may purchase or utilize by accessing the business from the water body.
(B) The sign may only convey the location and name of the establishment and the
general types of goods or services available.
(C) The sign may not be located higher than ten (10) feet above normal ground
level.
(D) The sign must not exceed thirty-two (32) square feet in size.
(E) The sign may not contain detailed information such as brands, prices, or special
offerings.
(F) If the sign is illuminated by artificial lights, the lights must be shielded or
directed to prevent illumination across public waters.
(G) The sign must meet the yard setback requirements of the zoning district in which
it located.
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
July 1, 2008
Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regularly
scheduled meeting on July 1, 2008, at 6:30 p.m.
PRESENT: Chair Brian Hanson
Commissioner Roland Parucci
Commissioner Mark Pangell
Commissioner Ben Fehrenbacher
Commissioner Damn Mosher
Commissioner D. Love
Commissioner Thomas Wood
COUNCIL: Council Member Broussard-Vickers
ST AFF: 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
1. Code Amendments - Chapter 154
Page 1 of6
City of Centerville
Planning and Zoning Commission
July I, 2008
Chair Hanson inquired whether the highlighted items in the handout were the changes.
City Administrator Larson responded that yes, they were.
Sump Pumps
Councilmember Broussard-Vickers stated that, on Page 7, they need to specify where they
can discharge the water, so it does not flow down the street.
City Administrator Larson stated that there is a problem when residents are running sump
pumps in the winter. He stated that, when the storm sewer is frozen, the water will not go
anywhere, so then it has to be run into the yard.
Commissioner Parucci inquired whether they could let them pump it into the drain tile.
City Administrator Larson replied that they would not want that connection, unless there
was a vapor lock between the two.
Discussion ensued.
Councilmember Broussard-Vickers stated that, once they got verbiage from City Engineer
Statz, they can change this particular item.
City Administrator Larson stated that Section 150.30 shows a sump pump requirement, but
it does not specify where to discharge.
Fences
City Administrator Larson showed sketches on the screen of how the proposed rules on
fencing would be interpreted.
Discussion ensued regarding different lot configurations and what would be the best
requirement.
City Administrator Larson stated that they could compromise and require that the set up be
15 or some other number of feet back from the front of the house.
Commissioner Wood suggested staying with the original plan and allow vanances for
unusual property shapes.
Councilmember Broussard-Vickers suggested having one side start from the front and the
other side start from the back.
Commissioner Pangell inquired about the existing Ordinance language.
Page 2 of6
City of Centerville
Planning and Zoning Commission
July I, 2008
City Administrator Larson stated that the fence should go to the rear comer closest to the
side property line.
Councilmember Broussard-Vickers suggested that they could say minimum 10 feet from
front comer closest to the fence line and anywhere behind that.
Commissioner Fehrenbacher stated that they should add that at no time should a privacy
fence block the view of a neighbor.
The Commission unanimously agreed that 10 feet back from the front corner of the house
and to the closest point on the side property line would be best.
City Administrator Larson stated that he would circulate this proposal and submit it to the
Council.
Old Boat
City Administrator Larson displayed a picture of a property that had an old boat in the
driveway. He stated that neighbors have complained and inquired whether that could be
prevented in an Ordinance, when Zoning specifically says you can store a boat on a
driveway which generally is in the front yard.
Discussion ensued.
The Commission unanimously agreed that nothing could be done, since the Zoning
Ordinance specifically says you can store a boat on a driveway which generally is in the
front yard.
2. Code Amendments - Chapter 152 (Signs)
City Administrator Larson stated that the Commission should discuss the signage issues
that could be regulated.
Councilmember Broussard-Vickers stated that they cannot limit the number of political
signs in a resident's front yard.
City Administrator Larson stated that Lino Lakes has an Ordinance that states you cannot
have more than two of the same sign in your yard. He stated that there is a specific law on
political signs and non-commercial signage is limited to 6 square feet.
Discussion ensued.
City Administrator Larson stated that the Commission defines what district SIgnS are
allowed.
Billboards
Page 3 of6
City of Centerville
Planning and Zoning Commission
July 1, 2008
City Administrator Larson stated that there is nothing in the Ordinance that says
specifically that you cannot have a billboard. He added that there needs to be language
that prohibits billboards ifthe Commission doesn't want them.
Councilmember Broussard-Vickers stated that Lino Lakes prohibits billboards completely.
The Commission unanimously agreed that billboards should be prohibited..
Business Shms
City Administrator Larson pointed out the business sign regulations on page 17 of the
handout.
Councilmember Broussard-Vickers suggested that lighted signs be allowed in Commercial
areas, but not flashing or scrolling signs. She added that there should be no lighted or
flashing signs in Residential areas.
Commissioner Love stated that he would hesitate to tell businesses what they cannot do.
He added that Main Street Bank has a scrolling sign. He stated that he is afraid that the
more you limit businesses, the less they will be apt to relocate or open a new business in
Centerville.
City Administrator Larson replied that if you let businesses come in and put up those types
of signs and then decide you do not like them, it is very hard to undo.
City Administrator Larson stated that sandwich signs require a permit, and it can be
displayed for 14 days. However, this is limited to 6 times per year.
Councilmember Broussard-Vickers stated that she would not vote for anything that
allowed scrolling signs on businesses that were next to each other.
City Administrator Larson stated that temporary signs could be passed down to the store
next door and then to the store next door, etc., so it is there all the time.
Councilmember Broussard-Vickers suggested adopting what Lino Lakes does.
Commissioner Pangell stated that Centerville should be more liberal than Lino Lakes.
The Commission unanimouszy agreed that the current regulations for portable signs is
adequate.
Chair Hanson suggested that they could have a regulation that states if the sign is left up
too long, there would be a fine.
Page 4 of6
City of Centerville
Planning and Zoning Commission
July I, 2008
The Commission unanimously agreed to adopt Lino Lakes' language for sandwich boards
of a 6 square foot maximum and are within 35 feet of their entrance no requirement for a
permit. The sign must be brought in at night and there shall be a limit of one sign per
business.
City Administrator Larson stated that temporary banners can be displayed for 14 days,
with no permit required. There is currently no size requirement. He suggested that they
consider a size requirement.
Councilmember Broussard-Vickers stated that awnings should have some regulations. She
added that Lino Lakes limits businesses to having banners once per quarter.
Commissioner Pangell stated that he would not want to limit the businesses' advertising.
City Administrator Larson stated that gas stations and liquor stores violate the size
requirement often.
Councilmember Broussard-Vickers inquired whether they would want to make them pay
for extra signage time.
City Administrator Larson replied that he did not think you could do that. He stated that it
is better to leave it alone and ignore it, but he would not suggest making it more liberal.
Discussion ensued.
The Commission unanimously agreed to leave the regulations on banners and awnings as
they are.
The Commission unanimously agreed to leave the regulation on pennants as is.
Flaes
City Administrator Larson stated that, regarding flags, you can just limit the number; the
content of the flag makes no difference.
The Commission unanimously agreed that more than threeflags would only be allowed for
commercial and industrial, which would require special use permit and approval, and
there would be no size regulation.
Roof Siens
City Administrator stated that roof signs would require a special permit.
Commissioner Fehrenbacher stated that the problem is having a structure on top of the
roof. He stated that there should be no frames on the top of the roof and the sign should
not be higher than the peak of the roof.
Page 5 of6
City of Centerville
Planning and Zoning Commission
July I, 2008
Discussion ensued.
The Commission unanimously agreed that a roof sign can go anywhere, as long as it does
not go past the peak of the roof and it is within 10% of the size of the wall area. It can be
lit up and scrolling but, if it is scrolling, it cannot be larger than 20 square feet and the
image must remain constant for at least one minute.
The Commissioners indicated that in addition to Lino Lakes, they would check with Hugo
to compare how Hugo's signs are regulated.
Councilmember Broussard-Vickers stated that they should not compare regulations with
more than one additional city, as that would require too much staff time.
Chair Hanson stated that this discussion would be continued at their next meeting, when
they have more comparisons.
3. Code Amendments - Chapter 153
Chair Hanson stated that these amendments will be discussed at the next Planning and
Zoning Commission Meeting.
VII. CONSIDERATION OF MINUTES
1. June 3. 2008 Planning and Zoning Commission Meeting Minutes
Motion by Commissioner Fehrenbacher. seconded by Commissioner Mosher. to
approve the Minutes of the June 3. 2008. Plannim! and Zonin2. Commission Meetin2.
as presented. All in favor. Motion carried unanimously.
VIII. PLANNING AND ZONING COMMISSION MEETING ADJOURNMENT
Motion by Commissioner Wood. seconded by Commissioner Pan2.ell. to adiourn the
July 1. 2008. Plannin2. and Zonin2. Commission Meetin2. at 9:04 p.m. All in favor.
Motion carried unanimously.
Transcribed by:
Bonita Kaska, Recording Secretary
TimeSaver Off Site Secretarial, Inc
Page 6 of6
COUNTY OF ANOKA
Public Services Division
HIGHWAY DEPARTMENT
1440 BUNKER LAKE BLVD. NW, ANDOVER, MINNESOTA 55304
(763) 862-4200 FAX (763) 862-4201
July 15, 2008
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Dallas Larson
Centerville City Administrator
1880 Main Street
Centerville, MN 55038
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Re: Comments on the City of Centerville Comprehensive Plan:
Dear Mr. Larson:
Thank you for providing us the opportunity to comment on the proposed 2030 Comprehensive Plan for
the City of Centerville. The following comments have been gathered from various departments within
the county. The comments are listed by category area.
Water Supply
· In 2007, the Metropolitan Council prepared a legislative report (MS 473.1565) addressing water
supply in the metropolitan area. The report includes the statement "municipalities typically make
water system investments and conduct resource evaluations on a local level without
consideration of regional implications." The first recommendation of the Council report is to
amend Minnesota Statutes to require community water supply planning, in the metropolitan area,
to be linked with comprehensive planning.
The Metropolitan Council report includes a Water Supply Adequacy Analysis for the City of
Centerville indicating: available aquifer yield is high; that there is no major limitations on
groundwater withdrawal; the demand projections are medium municipal demand; and the current
groundwater resources are adequate for local supply (Appendix F: Water Supply Adequacy
Analysis, Water Supply Planning in the Twin Cities Metropolitan Area Technical Report,
January 2007).
Regardless of the proj ections of water resources adequacy - we believe that the city must address
this emerging issue by establishing the natural (base level) of available aquifer resources and
routine monitoring to determine if municipal, or regional, withdrawal is negatively impacting
local or regional water resources. Cooperation and assistance is available to adequately manage
and sustain the "waters of the State of Minnesota" through regulatory and consulting programs of
the Minnesota Department of Natural Resources.
· Water Supply Background
This section provides background on the city's water supply system that utilizes groundwater
through its municipal wells. Discussion of city groundwater resources in this section will
support groundwater protection and monitoring activities identified in the subsequent Natural
Resources Goals and Policies section. We believe that additional background information should
be included from existing reports and sources.
o The city's Wellhead Protection Plan -- Part I included a "vulnerability assessment" ofthe
city's two wells to pollution. Well # 1 was determined to be non-vulnerable. Well #2 was
determined to be vulnerable. The report also indicates that the location and well depth
playa role in determining the "vulnerability" of the city's wells.
o The plan states that the city recently completed its Water Emergency and Conservation
Plan. The background information contained in the city's recently completed Water
Emergency and Conservation Plan for its water system should be summarized here.
o The city maintains records on use of groundwater (in their municipal water supply
system) that is submitted to Minnesota DNR. These annual water use data are provided
to the city when requested.
We recommend that the background information on Centerville's water supply system include a
summary ofthe information from the wellhead protection plan, groundwater resources contained
in the Water Emergency and Conservation Plan and the DNR groundwater appropriation and
withdrawal program.
Natural Resources Goals and Policies
· Groundwater resources sustain Centerville's water supply system. However, the effect oflocal
and regional groundwater withdrawal in Centerville and adjacent developing communities may
not be adequately monitored. Also, the city has completed its wellhead protection plan that
indicates goals and policies for the protection of groundwater resources used by municipal wells.
· The Minnesota DNR operates a Ground Water Level Monitoring Program to monitor changes
and trends in groundwater availability. Through the collection and analysis of this groundwater
information, the city can demonstrate that it is taking an active part in monitoring its water
resources and managing its water supply system.
· We recommend that an additional goal should be to sustain groundwater resources within the city
and cooperate with the Minnesota DNR - Groundwater Level Monitoring Program to monitor
water levels in its municipal wells.
· The city should consider including its wellhead protection goals into this section.
Water Resources
.
This section ofthe plan repeats the goals and policies of the Community Facilities and Services
Goals and Policies (page 49). By combining water resources and municipal facilities/services in a
single chapter, we believe that Centerville is not sufficiently acknowledging that water is a state
managed natural resource instead of a city facility. Contamination and excessive water
appropriation can affect groundwater, lakes and wetlands in multiple communities. The city is
required to participate in protection and management of water through state programs. We
believe that Centerville should acknowledge its efforts to protect and sustain its natural resources
in its Comprehensive Plan.
.
We recommend that an additional chapter be added into the plan titled - Natural Resources and
that the relevant discussion of water resources be moved into this chapter.
.
We recommend that the title of the existing Water Resources chapter (page 86) be renamed
Community Facilities and Services with the goals and policies inserted from page 49 in the same
manner as land use, parks and transportation goals were placed in their chapters.
Water Supply - Wellhead Protection
· The plan states the city has recently adopted a Wellhead Protection Plan that "identifies 10 and
50 year Wellhead Protection Areas (WHP A) for each ofthe city's two wells." Part 1 ofthe city's
wellhead protection plan, which was prepared in cooperation with the Minnesota Department of
Health, delineated only the 10 year time oftravel for groundwater to be drawn into each well. We
recommend that reference to a 50 year Wellhead Protection Area be removed.
Park and Trails
· The Centerville plan is consistent with the County's Parks and Recreation Comprehensive Plans.
· On page 19, first paragraph, the Met Council requires that park reserves, not regional parks, have
80 percent of land preserved in a natural state.
· On the same page, last paragraph, regarding the Bald Eagle Regional Trail, the last word should
be street instead of avenue.
· On page 77, the Rice Creek Chain of Lakes has over 5,000 acres, not 2,500.
Transportation
· The trails section needs a description of bicycle and pedestrian accessibility to transit corridors
and transit facilities in order for the city to receive federal transportation funds through the
regional solicitation process. [Met Council requirement] Not having a statement could also hurt
the county if it tries to apply for funds from the regional solicitation process as well.
· The map legend for the functional classification should probably not have "county" or "city" in
front ofthe functional classification. Roadways are principal arterials, "A" minor arterials, "B"
minor arterials, or collectors. Jurisdiction is a factor in determining the functional classification,
but is not necessarily a determining factor. For instance, some principal arterials are under state
jurisdiction, and some are under county jurisdiction.
· The county will have updated future traffic volumes by mid- to late-July. When the updated
numbers are available, the county will distribute the revised volumes to the cities. We apologize
for the delay, there were some technical issues and demographic issues that needed to be
resolved before the forecasting could be completed.
· The city may want to explain that the forecast volumes came from the Anoka County model.
The Met Council wants to know if volumes were forecasted or if they were projected. [Met
Council requirement] The text indicates both methodologies.
· The Met Council requires access management guidelines to be incorporated into subdivision and
zoning ordinances. A note that these have been incorporated would be helpful.
· The city needs to note how it intends to preserve right of way for its local roadways, trails and
transit. There are several new connections noted on Figure 13 and Figure 5 that the Met Council
may care about in terms of right of way preservation. [Met Council requirement] One of the
options to be discussed must include official mapping. [Met Council requirement]
· The transit section needs to include a description ofthe city's transit market area. [Met Council
requirement]
· The transit section should include a figure of existing transit routes. [Met Council requirement]
Thank you again for allowing us the opportunity to comment on the CityofCenterville's Comprehensive
Plan. If you have any questions about our comments, please feel free to contact me at 763-862-4219.
s~~
Jack Corkle, PTP, AICP
Senior Multimodal Transportation Planner
cc: Jon Olson, Public Services Division Manager
Doug Fischer, County Engineer
John VonDeLinde, Director of Parks and Recreation
Bart Biernat, Environmental Health Specialist
David Minke, Deputy County Administrator
Karen Skepper, Community Development Manager
Tim Kirchoff, Supervisor of Transit Operations and Planning
Kate Garwood, Transportation Planning Manager
~~~ Metropolitan Council
~~
~~ July 8, 2008
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Mr. Dallas Larson
City Administrator
City of Centerville
1880 Main St.
Centerville, MN 55038
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RE: Request for Extension of Time to Complete Review and Amendment of Local Comprehensive
Plans
Dear Mr. Larson:
Minnesota Statutes section 473.864 requires all metropolitan area units of government to review and, if
necessary, amend their entire comprehensive plans, fiscal devices, and official controls at least once every
ten years. This "decennial" review requirement ensures that comprehensive plans conform to
metropolitan system plans and ensures that fiscal devices and official controls do not conflict with
comprehensive plans or permit activities that conflict with metropolitan system plans. By statute, plan
updates and amendments must be completed by December 3 I, 2008.
However, Minnesota Statutes section 473.864, subdivision 2, authorizes the Metropolitan Council to
grant extensions to local governments that require additional time to complete their "decennial" review
obligations and make necessary amendments to their comprehensive plans, fiscal devices, and official
controls. At its June 25, 2008 meeting, the Metropolitan Council adopted a resolution which states that
local units of government may request an extension of the December 31,2008, "decennial" review
deadline to May 29,2009, if the request includes a reasonably detailed timetable and plan for: (I)
completing and submitting the comprehensive plan update to the Metropolitan Council, and (2) reviewing
and amending fiscal devices and otTicial controls.
If your city/township/county intends to request an extension, your local governing body must adopt a
resolution requesting additional time and must provide a timetable and a plan for completion and
submittal of the comprehensive plan update to the Metropolitan Council to no later than May 29, 2009.
To have your request considered, the completed request form and accompanying resolution must be
received at the Metropolitan Council offices by November 1,2008. The Metropolitan Council will
respond by letter to extension requests, indicating whether the request has been granted.
I would like to call your attention to some important guidelines which the Metropolitan Council has
adopted that will apply if your community requests an extension to May 29, 2009:
I. Staff may administratively grant an extension to May 29, 2009 for submittal of the 2008
comprehensive plan update if (a) a community submits the extension request and required
materials by November I, 2008; and (b) the request includes a reasonably detailed timetable and
plan for completing the review and amendment of the comprehensive plan update, the
community's fiscal devices, and the community's official controls. The mandatory 6-month
adjacent jurisdiction review process must be completed by that submittal date.
2. Communities identifying conflicts in forecasts or obstacles to plan completion may be asked to
meet with Metropolitan Council staff and/or Metropolitan Council member(s) for their district to
resolve outstanding issues.
3. If a comprehensive plan update cannot be submitted by May 29, 2009, with the mandatory 6-
month adjacent community review complete, an extension of the submittal date will require
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July 8, 2008
Mr. Dallas Larson
Page 2
action by the Metropolitan Council's governing body. A request for an extension of submittal
beyond May 29,2009 will require submittal of the extension request documents and must be
made by November 1,2008. In addition to the required extension materials, the local
government unit must also submit in a letter addressed to the Council an explanation of the
obstacles that prevent the community from completing the plan by the decennial deadline.
4. After December 31, 2008, a community should not submit comprehensive plan amendments
until the Metropolitan Council has acted on the community's 2008 comprehensive plan update.
5. An extension of the comprehensive plan completion deadline does not change any due dates for
surface water plans or Critical Area/MNRRA plan funding agreements.
6. For LCA grants awarded after December 31,2008, the Metropolitan Council will not execute an
LCA grant agreement with an applicant for any project located within the jurisdiction of a
governmental unit that is responsible for fulfilling the "decennial" review obligation but has not
submitted to the Council a comprehensive plan update that is complete for review. This policy
applies whether a governmental unit has requested and has been granted an extension to submit
its 2008 comprehensive plan update. This policy: (a) does not affect the grant award decision
(only the execution of the grant agreement); and (b) does not apply to the Fall 2008 Tax Base
Revitalization Account Funding Cycle, for which the Council is scheduled to make grant awards
at its first meeting in January 2009.
If you have any questions regarding the form or the process for granting plan extensions, please contact
your Sector Representative, Lisa Barajas, at 651-602-1895.
Sincerely,
Phyllis Hanson, Manager
Local Planning Assistance
CC: Georgeanne Hilker, Metropolitan Council (District 11)
Lisa Barajas, Sector Representative
Guy Peterson, Director, Community Development Division