HomeMy WebLinkAbout2009-01-28 Agenda Packet CC
a.. erviffe
~~i>fid1857
NOTICE OF SPECIAL MEETING OF
CITY COUNCIL
Wednesday, January 28,2009
6:00 p.m.
I. CALL TO ORDER at 6:00 p.m. or shortly thereafter
Roll Call
1. MEET WITH PROPERTY OWNERS TO CONSIDER
OBJECTIONS TO SPECIAL ASSESSMENTS.
2. POSSmLE CLOSED SESSION TO MEET WITH CITY
ATTORNEY TO CONSIDER POTENTIAL LITIGATION
(SPECIAL ASSESSMENT APPEALS)
3. ADJOURN
CITY COUNCIL MEETING AGENDA
erviffe
Wednesday, January 28, 2009
7 :00 p.m.
OPEN FORUM 7:00 p.m.: An opportunity for members of the public to address the City Council on items not on
the current agenda. Items requiring Council action may be deferred to staff or Boards and Commissions for
research and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you
conduct yourself in a professional, courteous manner, and refrain from the use of profanity. Failure to abide by this
policy may result in the loss of your privilege to speak. Persons wishing to speak will be required to complete a
sign-up sheet and give it to the Mayor or a Staff person by 6: 15 p.m.
I. CALL TO ORDER at 7:00 p.m. or shortly thereafter
1. Roll Call
II. PUBLIC HEARING(S)
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES
1. January 14, 2009 City Council Meeting Minutes (Pages 1 - 10 )
V. CONSENT AGENDA
1. City of Centerville January 15, 2009 through January 28, 2009 Claims (page
11)
2. Centennial Fire District Claims January 22, 2009 (page 12 - 13)
VI. A W ARDS/PRESENTATIONS/APPEARANCES
VIII. OLD BUSINESS
1. Adoption of Ordinance reorganizing Chapter 154, Zoning, and
renumbering it to Chapter 156. (Insert)
2. Adoption of Resolution #09-XXX - Approving Summary of Ordinance for
Publication. (pages 14 -16)
IX. NEW BUSINESS
1. Approve funds for soil borings in conjunction with downtown area drainage
system, not to exceed $3780. (page 15)
2. Authorization of funds for appraisal work-Block 8 parcels-budget not to
exceed $5000. (Page 17)
3. Approve request to Anoka County to add timer to DT lighting panel-cost
would be $3,340. (page 18)
X. ANNOUNCEMENTSffiPDATES
1. City Administrator, Dallas Larson
2. Monthly Engineering Report (Pages 19 - 20)
XI. POSSmLE CLOSED SESSION WITH CITY ATTORNEY TO REVIEW
POTENTIAL LITIGATION (Special Assessmenmt Appeals)
XII. ADJOURNMENT
* *REMINDERS* *
Planning & Zoning Commission Meeting - February 3, 2009, 6:30 p.m. Council Chambers
Parks & Recreation Committee Meeting - February 4, 2009, 6:30 p.m. Council Chambers
City CouncillParks & Recreation Committee Joint Work Session - February 4,2009, 6:30 p.m.
Council Chambers
City Council Meeting - February 11, 2009, 6:30 p.m. Council Chambers
CITY OF CENTERVILLE
CITY COUNCIL MEETING
January 14,2009
Pursuant to due call and notice thereof, the City of Centerville held its regularly scheduled meeting
on January 14,2009, at 6:30 p.m.
PRESENT: Mayor Mary Capra
Council Member Linda Broussard-Vickers
Council Member Ben Fehrenbacher
Council Member Tom Lee
Council Member JeffPaar
STAFF: City Administrator Dallas Larson
City Attorney Kurt Glaser.. -
City Engineer Mark Statz
I. CALL TO ORDER
Mayor Capra called the January 14,2009, City Council Meeting to order at 6:30 p.m.
II. PUBLIC HEARING
None
III. APPROVAL OF AGENDA
Mayor Capra made the following additions to the Agenda:
Consent Agenda, Item 1, added Page 14a
Consent Agenda, Item 6 - Changed "SaunalMassage Establishment" to "Therapeutic
Massage Establishment
Consent Agenda, Items 4, 5, 6 and 7 - moved to New Business as Items 2, 3, 4 and 5
New Business, added Item 7, Parks & Recreation Committee - Request for Support for the
Upcoming Festival of the Lakes 8K Run
AnnouncementsIUpdates, added Item 2, Police Governing Board
Council Member Broussard-Vieken
mended. All in favor. Motion earried
Page} of 10
/
City of Centerville
City Council Meeting
January 14, 2009
IV. APPROVAL OF MINUTES
1. December 30. 2008. City Council Meeting Minutes
Mayor Capra made the following change to the December 30, 2008, City Council Meeting
Minutes:
On Page 10 of 11, under AnnouncementsIUpdates, Item 2, the first sentence was changed
to read, "Mayor Capra reported that, during the 35E Coalition Meeting, there was a
discussion regarding the tornado that affected Hugo."
Motion by CouneD Member Lee. seconded by Council Member Broussard-Vickers. to
approve the December 30. 2008. City CouneD Meetine: Minutes as amended. All in
favor. Motion carried unanimouslv (5/0).
2. January 7. 2009. City Council Worksession Meeting Minutes
Councilmember Broussard-Vickers made the following change to the January 7, 2009,
City Council W orksession Meeting Minutes:
On Page 2 of 2, the phrase in the second to the last sentence in Item 5 was changed to read,
"...suggested a 5% reduction in the rate for 2009, not retroactive to 2008."
Motion by CouneD Member Broussard-Vickers. seconded by CouneD Member
Fehrenbacher. to approve the Janua" 7.2009. City Council Worksession Meetine:
Minutes as presented. All in favor. Motion carried unanimouslv (5/0).
V. CONSENT AGENDA
1. City of Centerville December 31. 2008. through January 14. 2009. Claims
2. Centennial Fire District Claims through January 5. 2009
3. Centennial Police Department Claims through January 8. 2009
4. Centerville Lions Annual Ice Fishing Contest. February 14.2009. with Alternative
Date of February 21. 2009
a. Special Event Permit Application
b. Temporary On-Sale Liquor Application
c. Temporary Raftle Application
Motion bv CouneD Member Pur. seconded bv CouneD Member Lee. to approve the
Consent ARenda as presented. All in favor. Motion earried unanimouslv (5/0).
VI. A W ARDSIPRESENTATIONS/APPEARANCES
Page 2 of 10
~
City of Centerville
City Council Meeting
January 14,2009
1. Mr. Greg Kieselhorst Centerville Lions - Annual Ice Fishin~ Contest
Mr. Kieselhorst announced that the Annual Ice Fishing Contest would be held on
Centerville Lake, by the old Waterworks Beach Club, on February 14,2009, from 11 a.m.
to 2 p.m. Ifthere is bad weather on February 14, the alternate date would be February 21.
He stated that tickets will be $5 per hole, and there will be many great prizes. He added
that they are attempting to make this a kid-friendly event.
Councilmember Lee added that the Parks and Recreation Hayride would immediately
follow the Ice Fishing Contest.
VII. OLD BUSINESS
1) Bonestroo Request for Pavment - Construction Observation Associated with CSAH 14
Improvements
Councilmember Fehrenbacher stated that it is clear the additional hours were added on an
as-needed basis. However, they did work that was not approved for funding. He stated
that he does not agree with the $16,000 additional amount, because the City Council did
not have a chance to approve it. He stated that he believed the number should be
somewhere in between $0 and $16,000.
Councilmember Lee inquired as to what the Council would have done had they known
ahead of time that the additional hours were needed. He stated that the Bonestroo' s
original estimate was off by 250%. However, it was agreed that the City would be
observing the construction, which did not occur. He added that he would agree on a
number between $0 - $16,000. However, he withdrew from deciding on the number.
Councilmember Paar stated that he originally said no to this request, because the City was
given no notice. After this was discussed further, however, it was clear that the City Staff
was at fault as well. That time was definitely busy, because of the major storm, a lot of
permits being required, and other issues that had to be taken care of. The City had initially
told Bonestroo that the City would give them man hours, but the City could not provide
those man hours. If the City had been able to provide the man hours, Mr. Paul Palzer
would have been paid to do what Bonestroo did. Councilmember Paar added that he
agrees with what Bonestroo did, and, if they had not done it, issues could have gone
unseen. However, he is still upset about the lack of communication. He stated that he is
not sure about the exact dollar amount, which would have to be discussed further.
Councilmember Lee stated that it was easy to see where some failures occurred. He stated
that, within one week after the storm, the City knew the situation and should have known,
at that time, that City Staff would not be able to handle their part in the project.
Councilmember Lee stated that after a lot of thought, he agrees that the only fault on
Bonestroo was that communication had not occurred earlier. He stated that to be more fair,
Page 3 of 10
3>
1_
City of Centerville
City Council Meeting
January 14,2009
perhaps a little more understanding should be granted to Bonestroo. He added that this
was initially hard for him to agree with because he is a ''watchdog'' of taxpayer dollars.
Councilmember Broussard-Vickers stated that the City Council needs to come up with a
number. She understands that 20 weeks X 12 extra hours X 88 = $21,280. She indicated
she does not understand the number Councilmember Fehrenbacher proposed.
Councilmember Fehrenbacher replied that he had added 256 hours to the 189 extra hours.
Councilmember Broussard-Vickers stated that Bonestroo came to the City in September
2008, and the City did not tell them to stop at that time. Therefore, half of the expense
occurred after the City could have stopped it. She added that she would support an
additional payment of$16,63r-
Mayor Capra stated that the City made a decision not to hire a Building Inspector until
August. At the time the storm hit, it was chaos. The work had to be done, because the
contractor made a lot of mistakes. Mayor Capra agreed with Councilmember Broussard-
Vickers and would support approval of an additional payment to Bonestroo of $16,632.
J
I
Councilmember Lee stated that there are lessons to be learned here. He stated that he
supports approval of an additional payment to Bonestroo of $16,632.
Councilmember Fehrenbacher stated that he continues to have an issue.
Mayor Capra replied that Bonestroo continued in a good faith effort. She inquired about
how much the City should penalize them, when the City Staff could have caught it.
City Engineer Statz pointed out that there were four tasks completed, and this discussion
only covers the hours associated with one task. He indicated that. since no specific hours
were quoted for the other tasks. Bonestroo has absorbed any additional exoense necessary
to complete them.
Motion made by Councilmember Broussard-Vickers. seconded by Mayor Capra. to
ap:ve an additional payment of $16.632 to Bonestroo for the additional hours spent on
ins ctions for the CSAH 14 Improvements in 2008. Motion carried (3-2).
Councilmember Fehrenbach1 and Councilmember Paar onposed.
,
2) City Code Amendments tTabled from Previous Meeting)
a. Old. #29. Second Series relating to Chanter 150-155
The changes made to Chapter 150-154 were provided to the Councilmembers in their
Meeting Packets.
Page 4 ofl0
+
City of Centerville
City Council Meeting
January 14, 2009
City Attorney Glaser explained some of the changes in more detail and answered questions
raised by the Councilmembers.
Discussion ensued.
City Attorney Glaser stated that there were many changes in Chapter 154; therefore, to
avoid confusion, that entire chapter would be removed and reordered as Chapter 156.
City Attorney Glaser suggested that if the Council was satisfied with the changes in
Chapters 150-153 and Chapter 154, those Chapters be adopted. He stated that there would
only be two additional items to complete: Adopting a reorganized Chapter 154- Zoning as
Chapter 156 and adopting a Summary Ordinance for publication. He added that there were
no changes to Chapters 155 & 157.
Motion bv Councilmember Broussard- Vicken. seconded bv Councilmember Pur. to
adont Ordinance Number 29. Second Series annrovine the chanees to Chanten 150.
152. 153 and 154. All in favor. Motion carried unanimouslv (5/0).
VIII. NEW BUSINESS
1. Res. #09-001 - Appointments
Mayor Capra stated that the recommendations for appointments are made annually at the
first City Council meeting of the year.
After discussion by the Councilmembers, the following appointments were suggested:
COUNCIL:
1) Mayor Mary Capra
2) Council Member Ben Fehrenbacher
3) Council Member Tom Lee
4) Council Member JeffPaar
5) Council Member Linda Broussard-Vickers
Acting Mayor - Council Member Paar
Centerville Centennial Fire District Steering Committee Memben - Council Member
Broussard-Vickers. Council Member Paar and Alternate Mayor CaDra
Check Signing Authority (two signatures required) - Mavor Mary Capm, Acting Mavor
Paar. Council Member Lee and City Administrator Larson
North Metro Telecommunications Commission Representative - Mayor Capra
North Metro Telecommunications Commission Representative Alternate - Council
Member Ben Fehrenbacher
Police Commission - Mayor Mary Capra. Council Member Lee and Alternate Council
Member Broussard-Vickers
Rush Line Corridor - Mayor Mary Capra
Page 5 of 10
5'
City of Centerville
City Council Meeting
January 14,2009
135 WIE Coalition - City Administrator Dallas Larson (Northeast Corridor) & Council
Weed Inspector - Mavor Mary Capra (Delegated to Public Works Director. Paul Pa1zer)
COMMITTEES/COMMISSION:
Economic Development Committee
1) Committee Member Jenny Dosch
2) Vacant (Will put in an ad for this vacancy mid-February. Former Council
Member Lakso would also like to be considered for this position.)
3) Current Members of Council
Parks & Recreation Committee
1) Committee Member Kevin Seland(~r
2) Committee Member Kevin Amundsen
3) Committee Member Lori Harris
4) Committee Member Patrick Branch
5) Committee Member Suzanne Seeley
6) Committee Member Savannah Lee
7) Committee Member Mark Haiden
Council Member Liaison - Council Member Lee
Planning & Zoning Commission
1) Commission Member Roland Parmcci
2) Commission Member James Wekseth
3) Commission Member Jesse Lange
4) Commission Member Thomas Wood
5) Commission Member Mark Pangell
6) Commission Member D. Love
7) Commission Member Darrin Mosher
Council Member Liaison - Council Member Ben Fehrenbacher
STAFF/CONTRACTED SERVICES:
Animal Control- Otter Lake Animal Care Center/Centennial Lakes Police Department
Escort
Attorney - Smith & Glaser
Assessor - Ken Toltzman
Auditor - Abdo. Eick and Meyers. Inc.
Building OBicial- Paul Palzer
City Engineer - Bonestroo
City Forester - Mr. Joe Goetz
Drainage Ordinance Committee - Staff
Drug TestinglEmployment Medical Examinations - Choice PointIBlaine Medical
Center
Emergency Services Directors (Civil Defense)
. Jerry Striech
Page 6 of 10
/.p
City of Centerville
City Council Meeting
January 14, 2009
. Robert Makela
. Paul Pa1zer
Fire Manhall- Jerry Striech
Fire Protection - Centennial Fire District
Housing and Redevelopment Authority (BRA) - Anoka County BRA
OMcial Depository - Main Street Bank
Additional Authorized Depositories: Federal Savings and Loan - 4M. 4M+ Funds. Smith
Barney
OMcial Paper - Citizen (try for 1 year)
Police Protection - Centennial Lakes Police Department
Recycling Coordinator/Solid Waste Representative - Staff
Senior Transportation Representative - Staff
Solid Waste Advisory Committee Alternative - Staff
Deputy Weed Inspector - Mr. Paul Patzer
Motion by Councll Member Broussard-Vickers. seconded by Councll Member
Fehrenbacher. to aoorove Resolution #09-001. for Appointments for 2009. as
discussed. All in favor. Motion carried (5/0).
2. Off-Sale Liquor Licenses (New)
a Mainstreet Liquor Barrel, Inc., 1873 Main Street (Commencing April 1 -
December 31, 2009)
b. Sager's Liquor, 7093 - 20th Avenue South (Commencing January 15 -
December 31, 2009)
City Attorney Glaser stated that Centerville is authorized by state law to permit five off-
sale liquor licenses. He suggested that it may be time for the City to consider whether it is
economically viable for the City to use all its licenses.
Discussion ensued.
Mayor Capra stated that this should be looked at in the future. She suggested approving
the two existing licenses and later look at possibly revising the policy.
Motion by Councll Member Fehrenbacher. seconded by Councll Member Broussard-
Vicken. to aoorove LiQuor Licenses for Mainstreet LiQuor BarreL Ine. (Commencinll
April 1 - Deeemher 31. 2009). and Saller's LiQuor (Commencint! January 15-
December 31.2009). All in favor. Motion carried unanimouslY (5/0).
3. Tobacco License (New)
c. Sager's Liquor, 7093 - 20th Avenue South (Commencing January 15 -
December 31, 2009)
Page 7 of 10
I
City of Centerville
City Council Meeting
January 14, 2009
Motion by Council Member Broussard-Vickers. seconded by Councll Member
Fehrenbacher. to approve the new Tobacco License for Sa2er's Liquor. All in favor.
Motion carried unanimouslv (5/0).
4. Therapeutic M~e Establishment License Renewal (Serenity Now Healing
Center. 7043 - 20th Avenue South)
Motion made by Councll Member Fehrenbacher. seconded by Councll Member
Broussard-Vickers. to approve renewal of the Theraoeutic Massa2e Establishment
License for Serenity New Healin2 Center. All in favor. Motion carried unanimously
(5/0).
5. Therapeutic Massage Therapist License Renewals - 2009 (Serenity Now Healing
Center)
B. Mr. William Klein
C. Mrs. Jennifer Klein
D. Ms. Barbara Ryan
Motion made by Councll Member Broussard-Vickers. seconded by Council Member
Fehrenbacher. to approve renewal of the Therapeutic Massa2e Therapist Licenses for
Mr. William Klein. Mrs. Jennifer Klein. and Ms. Barbara Ryan at Serenity New
Healin2 Center. All in favor. Motion carried unanimouslv (5/0).
6. Authorization of Funds for Appraisal Work - Trail Proiect Easements - Budget not
to Exceed $4.000
City Administrator Larson reported that the City is moving forward with the project. He
stated that this project could also be a candidate for Federal stimulus for Public Works. He
added that the City needs to review sixteen properties. He suggested having an appraiser
look at the properties and provide the Council with some guidance.
Motion by Councll Member Lee. seconded by Councll Member Fehrenbacher. to
approve the transoortation enhancement bud2ets for the trall proiect easements. All
in favor. Motion carried unanimously (5/0).
7. Parks & Recreation Committee - Request for Support for the Upcoming Festival of
the Lakes 8KRun
Councilmember Lee reported that the upcoming 8K Run will be held on Saturday, August
8,2009, beginning at 8 a.m.
Mayor Capra stated that money has been approved for marketing.
Page 8 of 10
~
City of Centerville
City Council Meeting
January 14,2009
Councilmember Lee stated that runners will get goodie bags. The Parks and Recreation
Committee would like to use the City logo in their advertising.
Councilmember Paar stated that he read research on City Runs, and he is blown away as to
how big there are now. He added that he believes this would be a great thing for this area.
Councilmember Lee stated that there will also be other runs in the area on the same
weekend. They are expecting 500-800 participants, and believe it will be a big event. He
added that the parade will take place after the runners are finished, which will keep
hundreds of people in town.
Mayor Capra inquired about the desire of the Parks & Recreation Committee.
Councilmember Lee replied that they need as much support as they can get However, he
did not have specifics at this point They would like to have an extra vehicle or two for run
winners to ride in the parade.
NOTE: There will be solicitation by the Park Board for support. The Parks & Recreation
Committee will take a tally of the contributions.
IX. ANNOUNCEMENTSIVPDATES
1. City Administrator. Dallas Larson
City Administrator Larson reported that the State Auditor was in Centerville for about
eight days, and they are in the process of writing their report. City Administrator Larson
inquired of the State Auditor's Office, whether the City would be able to see the results
prior to when it is made public. The State Auditor did not know the answer. The report
should be completed within three weeks.
City Administrator Larson reported that the Police did the Liquor and Tobacco
compliance, and all establishments in all three cities passed.
City Administrator Larson distribu~ a handout to the Councilmembers regarding funding
for Fete des Lacs - 2005.
2. Mayor Capra - Police Governing Board
Mayor Capra reported that the lead city alternates between the three cities, and this year
Centerville is the lead city. Mayor Capra announced that she will be the Chair of the
Governing Board for this year. She read a letter to the Council from the Mayor of Circle
Pines.
Page 9oflO
~
City of Centerville
City Council Meeting
January 14,2009
Mayor Capra reported that the Police Governing Board completed the Job Performance
Standards for the Chief of Police, and the Job Performance Standards for the Captain and
Sergeants are almost complete. She stated that the other Job Performance Standards will
be completed by the end of March or the first part of April. A full review of all positions
will take place the end of June or the first part of July.
3. Park & Recreation Committee
Councilmember Lee reported that the upcoming Festival of the Lakes 8K Run will be a big
event. In addition. other events are also being planned by the Committee.
--
Councilmember Lee stated that the Park & Recreation Committee is actively seeking -
volunteers to help with the 8K Run and the Parade. He stated that all contact information
for prospective volunteers is on the website.
4. PlanninlI & Zonin~ Commission
Councilmember Broussard-Vickers reported that Mortenson presented a slightly different
vision of their Phase 1 and Phase 2 plans.
X. ADJOURNMENT
Motion bv Council Member 'aar. seconded bv Council Member Broussard-Vickers.
to adiourn the Janua", 14.2009. City Council Meetin2. All in favor. Motion carried
unanimouslv (5/0).
Mayor Capra adjourned the January 14, 2009, City Council Meeting at 8:48 p.m.
Transcribed by:
Bonita Kaska, Recording Secretary
TimeSaver Off Site Secretarial, Inc
Page 10 of 10
/{J
CITY OF CENTERVILLE
01/23/091:18 PM
Page 1
tervi[[e
*Check Summary Register@
'EstabUsh-e{{ 1&9
JANUARY 2009
Name
Check Date
Check Amt
10100 MAIN STREET BANK
Paid Chk# 024077 POSTMASTER 1/20/2009
Paid Chk# 024078 AVENET, LLC 1/28/2009
Paid Chk# 024079 AVLlC 1/28/2009
Paid Chk# 024080 CITY OF CIRCLE PINES 1/28/2009
Paid Chk# 024081 COMCAST 1/28/2009
Paid Chk# 024082 CRYSTEEL TRUCK EOUIPMENT 1/28/2009
Paid Chk# 024083 DAVE KICHLER INSPECTIONS, I 1/28/2009
Paid Chk# 024084 DELTA DENTAL 1/28/2009
Paid Chk# 024085 HAWKINS WATER TREATMENT 1/28/2009
Paid Chk# 024086 HEALTH PARTNERS 1/28/2009
Paid Chk# 024087 IDEAGROUP MAILING SERVICE 1/28/2009
Paid Chk# 024088 IMAGE PRINTING If GRAPHICS 1/28/2009
Paid Chk# 024089 LAMETTI & SONS INC 1/28/2009
Paid Chk# 024090 MET. COUNCIL ENV. SERVo (SOS 1/28/2009
Paid Chk# 024091 MUNICI-PALS 1/28/2009
Paid Chk# 024092 NATIONWIDE RETIREMENT SOL 1/28/2009
Paid Chk# 024093 OTTER LAKE ANIMAL CARE CEN 1/28/2009
Paid Chk# 024094 PALZER, PAUL 1/28/2009
Paid Chk# 024095 POLAR CHEV 1/28/2009
Paid Chk# 024096 SEH 1/28/2009
Paid Chk# 024097 SENSUS METERING SYSTEMS 1/28/2009
Paid Chk# 024098 SPRINT 1/28/2009
Paid Chk# 024099 TIME SAVER 1/28/2009
Paid Chk# 024100 US BANK CORPORATE TRUST S 1/28/2009
Paid Chk# 024101 US BANK" 1/28/2009
Paid Chk# 024102 XCEL ENERGY 1/28/2009
Paid Chk# 500335E BI-WEEKL Y ACH 1/8/2009
Paid Chk# 500347E BI-WEEKL Y ACH 1/22/2009
Total Checks
$440.64 POSTAGE FOR 4TH OTR 08 UT BILL
$324.00 EMAIL ACCTS FOR 2009
$125.00 DEF COMP W/H FOR PAY PERIOD 2
$6,137.76 2009 POLICE BLDG PYMT - FEB.
$66.56 P.W. CABLEIINTERNET
$328.82 LOCKING CYLINDER
$2,924.00 ELECTRICAL INSPECTIONS
$419.70 FEB.2009 DENTAL INS.
$1,004.09 CHEMICALS FOR WATER
$4,960.70 FEB. 2009 HEALTH INSURANCE
$190.00 4TH OTR UTILITY BILLING - FOLD
--~613.93 CORRECTION CARDS
$4,538.59 REPAIR WATER LEAK 11-24-08
$14,665.91 FEBRUARY 2009 WASTEWATER SERVI
$25.00 ANNUAL DUES FOR 2009
$711.31 OEF COMP W/H FOR PAY PERIOD 2
$145.41 ANIMAL CARE -IMPOUND & BOARDI
$84.84 MILEAGE REIMBURSEMENT FOR SEMI
$40.54 SWITCH
$391.25 OATAVIEW IMPLEMENTATION, TRAIN
$1,320.00 3-1-09 TO 3-1-10 AUTO READ SOFT
$242.24 CELL PHONE SERV THRU 1-14-09
$381.15 1-6-09 P & Z MEETING
$189,478.75 #801985400 - GEN OBLG. IMPRV.
$764.39 SAMSUNG COMPUTER MONITORS - J
$1,637.24 1601 LAMOTTE DR - SERV THRU 1-
$14,943.35
$14,666.85
$261,572.02
NOTE: There will be an updated list of disbursements for approval on 1-28-09.
I I
CENTENNIAL FIRE DISTRICT
Check Register FIRE GL
GL Posting Period(s): 01/09 - 01/09
Check Issue Date(s): 01/06/2009 - 01/21/2009
Page: 1
Jan 21, 2009 10:04am
Per Date Check No Vendor No Payee Invoice Description Inv Amount
01/09 01/21/09 3586 10800 ANOKA CO FIRE PROTECT. COUNCI 2009 MEMBERSHIP DUES 210.00
01/09 01/21/09 3587 30050 THE CAD ZONE, INC FIRST LOOK PRO 109.00
UPGRADE
01/09 01/21/09 3588 30220 CAPITAL CITY FIREFIGHTERS ASSN 2009 DUES 50.00
01/09 01/21/09 3589 31008 COMCAST INTERNET STATION 1 94.00
01/09 01/21/09 3590 50050 DARREN ECKART HOMECOMING PARADE 39.46
CANDY
01/09 01/21/09 3591 50125 EMERGENCY LIGHTING TECH NOLO' RADIO CHARGER 383.40
INSTALLS
EXPLORER REPAIR 315.00
Total 3591 698.40
01/09 01/21/09 3592 60650 FRATTALLONE'S HARDWARE STORI SLDG CLEANINGIMISC 101.14
SUPPLIES
01/09 01/21/09 3593 90300 INVER GROVE HGTS FIRE DEPT LEADERSHIP TRAINING 90.00
01/09 01/21/09 3594 130450 METRO CHIEF FIRE OFFICERS ASSr 2009 DUES 100.00
01/09 01/21/09 3595 130825 MINNESOTA UNEMPLOYMENT INS 4TH QTR 2008 UNEMP 60.83
01/09 01/21/09 3596 150140 OFFICE DEPOT, INC QUICKBOOKS 213.49
CHAIR MAT/DESK 285.17
PAD/ORGANIZER
FLOOR MATT/BOARD 613.65
WALL PEG 54.65
Total 3596 1,166.96
01/09 01/21/09 3597 220200 VERIZON WIRELESS DEC CELL PHONES 159.92
01/09 01/21/09 3598 240100 XCEL ENERGY DEC ELECTRIC STATION 666.90
2
Totals: 3,546.61
M = Manual Check, V = Void Check
/~
CENTENNIAL FIRE DISTRICT Check Register FIRE GL Page: 1
GL Posting Period(s): 01/09 - 01/09 Jan 21, 2009 01:31pm
Check Issue Date(s): 01/22/2009 - 01/22/2009
Per Date Check No Vendor No Payee Invoice Description Inv Amount
01/09 01/22/09 3599 11565 ASPEN MILLS FIRE BOOTS 99.95
FIRE BOOTS 99.50
Total 3599 199.45
01/09 01/22/09 3600 30480 CENTENNIAL UTILITIES DEC UTILITIES STATION 1,595.76
1
01/09 01/22/09 3601 31137 CONNEXUS ENERGY DEC ELECTRIC STATION 446.24
1
01/09 01/22/09 3602 110025 KO CLEANING SERVICES LLC JAN CLEANING SERVICE 427.60
STATION 2
01/09 01/22/09 3603 120331 LEAGUE OF MN CITIES INS TRUST WORKERS COMP INS 22,834.00
2/09-2/10
01/09 01/22/09 3604 120450 CITY OF L1NO LAKES DECEMBER 25,012.01
REIMBURSEMENTS
01/09 01/22/09 3605 140200 NATL ASSOC. FIRE INVESTIGATOR~ MEMBERSHIP DUES 55.00
01/09 01/22/09 3606 170180 OWEST JAN PHONE 55.19
Totals: 50,625.25
M = Manual Check, V = Void Check
/3
CHAPTER 156: WNING CODE
Section
General Provisions
156.001 Title; pwpose
156.002 Jurisdiction
156.003 Application
156.004 Scope and interpretation
156.005 General interpretation
156.006 Defmitions
Districts and Use Regulations
156.015 General provisions
156.016 Rural Residential District (R-t)
156.017 High-Density Single-Family Residential District (R-2A)
156.018 Single-Family Residential District (R-2)
156.019 Single-Family Manufactured Housing District (R-4)
156.020 Single-Family Residential- Estate District (R-5)
156.021 through 156.029 reserved for future expansion
156.030 Commercial District (B-1)
156.031 through 156.039 reserved for future expansion
156.040 Industrial District (I-I)
156.041 through 156.049 reserved for future expansion
156.050 Public/Institutional District (P-l)
156.051 Mixed Use District (M-l)
156.052 Mixed Use Neighborhood District (M-2)
156.052 through 156.099 reserved for future expansion
General Regulations
156.100 Lot provisions
156.101 Nonconforming uses and structures
156.102 Home occupations
156.103 Single-family dwelling requirements
156.104 Temporary dwellings and structures
156.105 Public utilities required
156.106 Relocated buildings or structures
156.107 Accessory structures and uses
156.108 Site plan review
156.109 Final grading and landscaping
156.110 Building numbers
156.111 Fences
1
156.112 through 156.120 reserved for future expansion
156.121 Height
156.122 Yards
156.123 through 156.132 reserved for future expansion
156.133 Special provisions related to development or building on lands within 100
feet of Centerville Lake, Peltier Lake or Clearwater Creek
156.134 through 156.143 reserved for future expansion
156.144 Other standards
156.145 through 156.154 reserved for future expansion
156.155 Woodlands preservation
156.156 through 156.165 reserved for future expansion
156.166 Parking requirements
156.167 Tree Planting
156.168 Through 156.177 reserved for future expansion
156.178 Landscaping
Planned Unit Developments
156.200 Objectives
156.201 through 156.209 reserved for future expansion
156.210 Generalrequirements
156.211 through 156.219 reserved for future expansion
156.220 Uses permitted
156.221 Relationship ofPUD site to adjacent areas
156.222 Minimum size
156.223 Minimum lot size
156.224 Setback and side yard requirements
156.225 Access to public right-of-way
156.226 Utility requirements
156.227 Open space
156.228 Parking
156.229 Reserved for future expansion
156.230 Arrangement of commercial uses
156.231 through 156.239 reserved for future expansion
156.240 Arrangement of industrial uses
156.241 through 156.249 reserved for future expansion
156.250 Pre-application meeting; procedure
156.251 Application
156.252 Actions
156.253 PUD agreement
156.254 Final review and approval
156.255 Documentation required
156.256 Action on fmal application
156.257 Time limit
156.258 Amendments
156.259 Completion
2
156.260 Site improvements
156.261 Construction
156.262 Maintenance of common open space
156.263 Homeowners' association
Administration
156.300 Performance standards
156.301 through 156.309 reserved for future expansion
156.310 Variances
156.311 through 156.319 reserved for future expansion
156.320 Conditional use permits
156.321 through 156.329 reserved for future expansion
156.330 Interim use permits
156.331 through 156.349 reserved for future expansion
156.350 Amendments
156.351 through 156.399 reserved for future expansion
156.400 Enforcement and violations
156.401 through 156.409 reserved for future expansion
156.410 Fees and licensing
156.999 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
~ 156.001 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:
(I) Protect and promote public health, safety and general welfare;
(2) Protect the natural resources in the city;
3
(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.
~ 156.002 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-I Rural Residential until the time that the
City Council may rezone the added territory to more appropriate classification.
~ 156.003 APPLICATION.
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.
~ 156.004 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
4
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.
(0) 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.
I
I
I
~
(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 theaty 6fCemerville.
(F) Deadline/or 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 determined 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 Council or 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,
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 ~ 150.01
(Ord. 2d #8, amended 6/28/06)
~ 156.005 GENERAL INTERPRETATION.
For clarity and consistency in the understanding and application of this chapter, the
following shall apply, in addition to the provisions of ~ 10.02:
(A) Sentence construction or phraseology in the present tense, and similarly,
5
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.
* 156.006 DEFINITIONS.
For the purpose of this chapter, the following defmitions 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
defmed 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.
ABUTTING. 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 ofland 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
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
6
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.
BOATHOUSE. 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.
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 unit(s) or commercial building(s).
7
CLEAR CUTTING. The indiscriminate removal of trees, shrubs or undergrowth
with the intention of preparing real property for nonagricultural development pwposes.
This definition shall not include the selective removal of non-native tree and shrub
species when the soil is left relatively undisturbed, removal of dead trees or normal
mowing operations.
CLINIC. Any establishment where human patients are examined and treated by
doctors or dentists but not hospitalized overnight.
CLUB. Any establishment operated for social, recreational or educational pwposes
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
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 confmed 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.
8
L _ _
CUL-DE-SAC. A local street, one end of which is closed and consists ofa circular
turnaround.
DAYCARE FACILITIES. A state-licensed daycare facility, as defmed 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
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
9
L _ __ _ _ __
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.
F A{:ADE. The exterior wall of a building exposed to a public view or that wall
viewed by persons not within the building.
FAMILY. An individual, 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.
FLOODWAY 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 RATIO. The total floor area on a zoning lot divided by the total site
area of the lot or parcel being developed.
FREESTANDING SIGN. Any sign supported by structures or supports that are
permanently anchored in the ground and that are independent from any building or
structure.
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
IO
GLARE. A sensation of brightness within the visual field that causes annoyance,
discomfort or loss in visual performance and visibility.
GRADE. The lowest point of elevation of the fmished 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
fmished 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 SURF ACE. 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 of land 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
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.
11
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
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:
(I) Was a separate parcel of record April I, 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;
12
(4) Was a separate parcel of not less than five acres in area and 300 feet in
width on July 1, 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 SOO feet, and its conveyance does not result in the
division of the parcel into two or moreiots 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
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.
13
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.
I
l
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.
PLA T. The drawing or map of a subdivision prepared for filing of record pursuant
to M.S. Chapter 505 and containing all elements and requirements set forth in applicable
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 dermed in this section.
PUBLIC HEARING. An official public meeting, which notice has been published
in the official newspaper.
14
PUBLIC PROPERTY. Any street or highway that includes the entire width between
the boundary lines of every way publicly maintained for the purposes of vehicular travel,
and shall also mean any other publicly owned property or facility.
RECREATIONAL 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.
RECREATIONAL VEHICLES. A mobile vehicle, including boats, used for
recreational purposes capable of being towed or being self-propelled.
RESIDENTIAL FACILITY. A state-licensed residential facility, defmed 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-WAY. A street, alley or easement permanently established for the
passage of persons and vehicles, including the traveled surface of lands adjacent that are
formally dedicated to that usage.
SEMIPUBLIC USE. The use ofland 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 ofa
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.
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
15
recommended or described as poorly suited due to slope steepness and the site's soil
characteristics, asmapped 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 ofa
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, swing sets, enclosed play structures under 50 square feet,
fences and patios.
SUBDIVISION. See subdivision chapter.
SUPPLY YARD. A commercial establishment storing or offering for sale building
supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods.
SUPPLY 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.
16
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 pennitted by this
chapter.
COrd. 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 defmed in this section, which does not
have lawfully affIXed or attached thereto an unexpired state registration or license plate or
plates, or the condition of which is wrecked, dismantled, partially dismantled,
inoperative, abandoned or discarded.
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 normal 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
water table is usually at or near the surface or the land or is covered by shallow water.
For purposes of this defmition, 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 hydrophilic vegetation typically adapted for
life in saturated soil conditions; and
(3) Under normal circumstances support a prevalence of that vegetation.
17
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 width of the front lot between 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.
(Ord. 2d #5, amended 5/10/06)
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.
~~ 156.007-156.14 reserved for expansion
DISTRICTS AND USE REGULATIONS
~ 156.015 GENERAL PROVISIONS
(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:
(1) 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
18
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. Eor.J:he purpose of this chapter, the city is hereby
divided into the following zoning districts:
(1) 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;
(6) B-1 Commercial;
(7) I-I Industrial Park;
(8) pol Public/Institutional;
(9) M-I Mixed Use; and
(10) M-2 Mixed Use Neighborhood District.
19
~ 156.016 RURAL RESIDENTIAL DISTRICT (R-l).
(A) Purpose. The purpose of the R-I 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-I District will not reflect intensive commercial agricultural uses.
(B) Permitted uses.
(I) Single-family detached dwellings at a density not exceeding one home per
ten acres;
(2) Residential accessory uses and home occupations;
I
I
~
(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:
(I) 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.
~ 156.017 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;
20
(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) Conditional uses.
(1) Apartments or condominiums at a density not exceeding 12 units per acre.
~ 156.018 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.
(B) Permitted uses and structures.
(1) Single-family detached dwellings;
(2) Single-family attached dwellings with two units;
(3) Accessory uses;
(4) Public parks and recreation facilities;
(5) Daycare facility;
(6) Residential facility; and
(7) Home occupations.
~ 156.019 SINGLE-FAMILY MANUFACTURED HOUSING DISTRICT (R-4).
(A) Purpose. It is intended that the R-4 District provide for high-density single-
family, detached residential opportunities in areas where public utilities are available and
21
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;
(2) Accessory uses;
(3) Public parks and recreation facilities;
(4) Daycare facility;
(5) Residential facility; and
(6) 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 of this 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
(1) 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 subject to any other and
further prohibitions, regulations or limitations imposed by the traffic and parking
regulations or ordinances for that public street.
(2) No more than one manufactured home may be located on any single parcel
ofland.
(3) The manufactured home bottom shall be constructed on a continuous
perimeter footing and foundation meeting the requirements of the Building Code for
residential structures.
(D) Planned Unit Development 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 City
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
22
(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
individually served by public utilities as required for all new residential dwellings.
~ 156.020 SINGLE-FAMILY RESIDENTIAL - EST ATE 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.
(I) Single-family detached dwellings;
(2) Accessory uses; _
(3) Public parks and recreation uses;
(4) Daycare facility;
(5) Residential facility; and
(6) Home occupations.
~~ 156.021 THROUGH 156.029 RESERVED FOR FUTURE EXPANSION.
~ 156.030 COMMERCIAL DISTRICT (D-l).
(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) Buffer 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
23
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
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.
(1) 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
corner 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 corner right-of-way and
county line.
24
(J) Refuse.
(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.
(1) 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;
(7) Personal and professional business offices;
(8) Public buildings;
(9) Barberlbeauty 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;
25
(2) Farm implements 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
PlaIl!!..ing 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
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.
Cross-reference:
Setbacks, see Appendix A, Table 1, Schedule of District Regulations Lot and Yard
Requirements
Signs, see Chapter 152
~~ 156.031 THROUGH 156.039 RESERVED FOR FUTURE EXPANSION.
~ 156.040 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
26
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.
(0) 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.
(F) Screening requirements. If the City Council requires any type of screening as a
condition for a variance or, conditional use, or interim use 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.
(G) 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 ~ 156.116.
27
I
I
I
i
~---
(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.
(1) 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.
(J) 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.
(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.
(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.
28
(1) 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.
(1) Truck terminals;
(2) Mini-storage;
(3) Kennels;
(4) Adult and Sexually oriented businesses as further regulated in this code.
(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:
Signs, see Chapter 152
Adult business licensing, see Chapter 110
~~ 156.041 THROUGH 156.049 RESERVED FOR FUTURE EXPANSION.
~ 156.050 PUBLICIINSTITUTIONAL DISTRICT (P-l).
(A) Purpose. It is intended that the pol District provide opportunities for
government facilities, schools, churches, hospitals, libraries and other similar public and
institutional uses.
(B) Permitted uses.
(1) 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.
29
fi 156.051 MIXED USE DISTRICT (M-I).
(A) Purpose. It is intended that the M-l District implement the "Master Plan and
Development Guidelines for Downtown Centerville," adopted by the City Council on
January 11, 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 frrst 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.
(1) 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.
(3) 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.
(4) 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
30
such services may be charged to the applicant.
(5) Stormwater management will be accomplished through regional stormwater
facilities. Construction of the stormwater facilities may be accomplished through
coordinated private improvements and public improvements, and maintenance of the
stormwater facilities may be accomplished through district-wide assessments and user
fees. Individual stormwater improvements that are not part of the planned regional
stormwater management facilities are not permitted in the M-2 District.
(02d, #3. Amended 5/10/06)
'- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - {'!'LjM_~~.f'1~:.i't{.<l
~ 156.052 MIXED USE NEIGHBORHOOD DISTRICT (M-2).
(A) Purpose. It is intended that the M-2 District implement the "Master Plan and
Development Guidelines for Downtown Centerville," adopted by the City Council on
January 11, 2006 ("The Redevelopment Plan"), and provide for higher density residential
uses and accessory retain and office uses to complement the adjoining M-l District and
existing neighborhoods.
(B) Permitted Uses.
(1) Residential uses with a density between 12 and 30 units per acre.
(2) Ground level retail or offices up to 25% of a structure, provided that the use
is on a comer lot.
(3) 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-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.
(3) 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.
(4) The Redevelopment Plan establishes a shared parking plan. Applicants for
permits shall indicate how they will conform to the parking plan, including potential
dedication of property for shared parking or public parking lots. The city shall have broad
31
discretion in detennining whether to accept ownership and maintenance of shared
parking facilities. Maintenance of public parking and other public facilities may be
accomplished through creation of a Downtown Service District and may include
maintenance assessments or user fees.
(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 stonnwater
facilities. Construction of the stonnwater facilities may be accomplished through
coordinated private improvements and public improvements, and maintenance of the
stonnwater facilities may be accomplished through district-wide assessments and user
fees. Individual stonnwater improvements that are not part of the planned regional
stonnwater management facilities are not permitted in the M-l District.
~
(Ord. 2d #3, adopted 5/10/06)
~~ 156.052 THROUGH 156.099 RESERVED FOR FUTURE EXPANSION.
GENERAL REGULATIONS
~ 156.100 LOT PROVISIONS.
(A) No lot of record shall be reduced in size below the district requirements in Table
One of Appendix A to this chapter.
(1) Table One shall state all setbacks that are specifically set forth by a provision
of this Code, otherwise all setbacks which are not defined by this Code are governed by
the Building Code.
(2) The minimum ground floor size of any residential building shall either no less
than 1,650 fmished square feet unless the total finished square feet of the structure is
equal to or in excess of a minimum of 1,650 finished square feet, in such a case the
minimum ground floor square footage stated in Table One may be used. The calculation
of ground floor size shall be as of the time when the building pennit is issued.
(8) 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:
(1) 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
32
L_
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 f 153.19
fi 156.101 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;
(0) 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; and
(E) Normal maintenance of a nonconforming structure is permitted, including
necessary nonstructural repairs and incidental alterations, which do not extend or
intensify the nonconforming use.
(F) 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 regulations of flood-plaints or shoreland protection. If no building
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.
(Ord. 2d #6, amended 5/24/06)
33
L_ __
(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.
(Ord 2d #11, amended 7/26/06)
~ 156.102 HOME OCCUPATIONS.
Home occupations in the city must meet the following criteria:
(A) Home occupations shall be conducted solely~ypersons residing in the residence
with the exceptioriOfno 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;
(0) 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
(I) 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 f 91
34
~ 156.103 SINGLE-F AMIL Y DWELLING REQUIREMENTS.
All single-family detached dwellings shall be constructed according to the following
minimum standmds:
(A) All dwellings shall have a minimum width of 24 feet at the narrowest point, with
the exception of the M-I, M-2 and R-M Districts;
(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;
(0) Single-family dwellings other than approved earth sheltered homes shall have at
least a 3/12 roof pitch and shall be covered witlLan approved roofmg 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
~ 156.104 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.
(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 therefore 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)
35
(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.
fi 156.105 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.
fi 156.106 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 recommp.nd 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
(4) The building or structure meets all other requirements of this chapter and
any other city ordinances.
~ 156.107 ACCESSORY STRUCTURES AND USES.
(A) Accessory Structures - Residential Uses
(I) No more than two accessory buildings are permitted on any single-family,
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.
(2) In no event may the combined square footage of accessory buildings exceed
the square footage of the main level of the principal structure, except in the R-l District.
(3) No accessory structure may be constructed on a parcel without a principal
structure.
36
(4) No accessory structure shall be erected or located within any required yard
other than the rear yard.
(5) Accessory structures must have a minimum of a 5-foot interior side setback
and a lO-foot 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.
(6) In case an accessory structure is attached to the main building, it shall be
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.
(7) An accessory building, unless attached to and made a part of the main
building, shall not be closer than 6 feet to the main building, except as otherwise
provided in this section.
(8) The total area of an attached accessory building-tgarage) shall be no greater
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.
(9) Swimming pools may exceed the size requirements for accessory structures,
but shall not exceed 50% of the rear yard.
(10) The side walls of an accessory building shall not exceed 10 feet in height
and the overall height of the structure shall not exceed 15 feet, except to match the roof
slope of the principal structure. This provision shall not apply to farm buildings located in
a R-I District.
(II) Arbors, trellises, balconies, breezeways, open porches, detached outdoor
living rooms, and heating equipment may be placed in a rear yard if it is at least 15 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.
(12) Neither building with metal roots and exterior walls and covering a total
(exterior) area in excess of 120 square feet, nor any other buildings with metal roofs shall
be permitted in any residential or mixed use district. Pole-type buildings and rigid frame
structures with membrane roof or sides, are also prohibited all zoning districts.
(13) Building exceeding 120 square feet shall be anchored to a concrete floating
slab foundation.
(14) The exterior color and design of an accessory structure shall be similar to
the principal structure.
(B) Accessory structures, non-residential uses. The following standards shall
regulate the construction and maintenance of non-residential accessory structures:
37
(I) All accessory structures shall be subject to the same setback, height and
exterior fmish regulations as a principal structure for the district in which it is located.
(C) Permits. All accessory structures shall require a building or zoning permit from
the city.
(Ord. 91, passed 3-8-2006)(Ord. 2d #5, amended 5/10/06)
~ 156.108 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 Planning and
Zoning Commission. Application materials must be submitted at least five business days
before the Planning and Zoning Commission meeting to be considered at the meeting. If
staff determines that the application is complete, it will be placed on the agenda.
(B) Submittal requirements.
(1 ) Boundary survey of parcel including identification of all monuments;
(2) Scaled location of all buildings, structures, driveways, sidewalk, trails,
parking stalls and curbing;
(3) Scaled identification of all setback dimensions from property lines;
(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;
(10) 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
38
(11) 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 may 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.
(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.
~ 156.109 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 fmished 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.
~ 156.110 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.
39
(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.
~ 156.111 FENCES.
(A) General regulations.
(1) All fences shall be located a minimum of two 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.
(a) Fences shall be located a minimum of two feet from a property line
adjoining a street right of way and may not be located in any drainage
or utility ea~ement except where permission ~been granted by the
City through an encroachment agreement.
(b) No fence other than a decorative fence may be constructed in a front
yard. As used herein, the term DECORATIVE FENCE means a
wrought iron fence, wood or vinyl vertical post and wood horizontal
rail fence with no more than three rails or a wood or vinyl picket type
fence with at least two inches of open space between each picket. All
decorative fences shall have at least 40% of the surface area of the
fence open.
(2) 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 comer lot abuts an adjacent property's front yard, the fence shall
be set back a minimum of 10 feet from the adjoining property line, unless
the fence is a decorative fence not exceeding three feet in height.
(b) Residential comer lots shall only have one front yard for the purpose of
fences and that shall be the side that has the front entrance to the home.
(c) In no event shall any fence be closer than fifteen feet to a curb or street
pavement.
(d) Any fence that is not a decorative fence shall be set back behind a line
between a point ten feet behind the outermost front comer of the principal
structure and the nearest point on the adjoining side property line.
40
(3) All fences shall be constructed and maintained in a substantial,
workmanlike manner and of material 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 1st to
April 1 st in R-l Districts. No permit shall be required for snow stop fencing.
(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 conjunct with agricultural activities.
(0) 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 latch. A swimming
pool shall be considered permanent if it has a connected water supply, a drain connection
or electrical connection where any of these require an electrical, mechanical, plumbing or
building permit under the Minnesota Building Code.
(F) Fencing in commercial/industrial zoning districts shall not exceed eight feet in
height. Fences, except decorative fences not exceeding three feet in height, shall not be
placed in a front yard of an industrial or commercial lot.
(Ord. 80, passed 5-11-2005)
~~ 156.112 THROUGH 156.120 RESERVED FOR FUTURE EXPANSION.
~ 156.121 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,
provided the 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
41
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.
~ 156.122 YARDS.
(A) General requirements. The minimum depths of front yard, rear yard and side
yard for each district shall be as dermed 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 for any accessory building;
(3) Any principal structure situated on lands contiguous to or abutting any
portion of the public lakes in the city shall maintain yard setbacks of75 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
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 spaces and access drives for nonresidential uses, 20
feet where abutting a single family use or zone;
(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) Computingfront 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:
(l) 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
42
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;
(Ord 2d #7, amended 6/14/06)
(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 comer 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
of2-II2 and ten feet above the centerline grades of the intersecting streets in a triangle
bounded by the street of the lot and a line joining points along the street lines 50 feet
from the point of the intersection.
(C) Erection olmore 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
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.
~~ 156.123 THROUGH 156.132 RESERVED FOR FUTURE EXPANSION.
~ 156.133 SPECIAL PROVISIONS RELATED TO DEVELOPMENT OR
BUILDING ON LANDS WITHIN 100 FEET OF CENTERVILLE LAKE,
PELTIER LAKE OR CLEARWATER CREEK.
(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:
43
(1) The minimum lot size shall be 15,000 square feet, not less than 100 feet in
width, each building must be set back at least 75 feet from the ordinary high water level
for lands adjoining a lake;
(2) Minimum lot size shall be 15,000,50 feet in width and set back at least 100
feet from the ordinary high water lever for Clearwater Creek;
(3) Each building must be connected to the city water and sanitary sewer
systems;
(4) Watercraft docking facilities shall be placed a minimum of 10 feet from 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;
(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
(0) Shoreland alterations. Alterations of vegetation and topography will be
regulated to prevent erosion into public waters, fix nutrients, preserve shoreland
aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife
habitat.
(1) 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.
44
(b) Removal or alteration of vegetation is allowed subject to the following
standards:
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 and filling.
(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 75 feet of a lake and within 50 feet of Clearwater Creek; and
(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:
1. 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
45
reach any surface water feature must be used;
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 frrst be authorized by the Commissioner ofDNR under M.S. ~ 103G.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:
1. 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 permit 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
information. 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
information 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
46
lights, the lights must be shielded or directed to prevent illumination out across public
waters.
fifi 156.134 THROUGH 156.143 RESERVED FOR FUTURE EXPANSION.
fi 156.144 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 pennit.
47
(H) Fire hazards. Any activity 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 oj>eration 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.
(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:
1. Boat;
2. Camper;
48
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
(1) 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. The site plan review process is required to
determine the appropriateness for storage permitted in the section, surfacing required for
the storage area and the screening required.
~~ 156.145 THROUGH 156.154 RESERVED FOR FUTURE EXPANSION.
~ 156.155 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.
~~ 156.156 THROUGH 156.165 RESERVED FOR FUTURE EXPANSION.
fi 156.166 PARKING REQUIREMENTS.
(A) Requirements in general. The following table illustrates the minimum
49
number of parking spaces required for various uses permitted in the city. The city may
modify minimum parking requirements in the M-l District, as part of the planned unit
development approval process, if it is determined that the use is consistent with the
purpose of the district and that parking is determined by the City to be sufficient to
accommodate the use.
Uses
Residential
Churches
Schools
Theaters
Restaurants
Offices
Retail
Convenience stores
General services
Trade businesses
Manufacturing
Other industrial or warehousing
Car washes
Drive-up restaurants
Minimum Parkin!! Required
2/dwelling unit
113 seats in largest assembly room
IIclassroom plus 113 seats in largest assembly
113 seats
113 seats
5/1,000 sq. ft. gross floor space
6/1,000 sq. ft. gross floor area
7/1,000 sq. ft. gross floor area
411,000 sq. ft. gross floor area
311,000 sq. ft. gross floor area
3/1,000 sq. ft. gross floor area
2/1,000 sq. ft. gross floor area
51stacking per bay
5 stacking plus 113 seats
(B) Off-street parking. When a building or structure is enlarged, additional off-
street parking shall be required only with respect to the additional usable floor area.
(C) Change in the Use of a Building or Structure. An off-street parking area shall
not be changed to any other use until equal off-street parking is provided elsewhere. No
parking area used or designated in connection with a building or structure 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.
(0) Off-street parking and loading zones. No building or structure 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.
(E) Notwithstanding the minimum number of parking spaces as defmed by this
section, a conditional use permit may be granted to provide fewer parking spaces when it
is clearly demonstrated by the applicant that the use will not require the number of spaces
indicated. In the event a conditional use permit is granted, a condition may be imposed to
require that the land normally dedicated to parking shall be held in a landscaped reserve
that can be used for parking in the event the use or parking needs should change. A
landscape reserve should equal the amount of land necessary to support the number of
parking spaces required to serve any more restrictive parking use of the building or
50
structure permitted by the applicable zoning district and building codes.
(F) Parking spaces may be located on a lot other than that containing the
principal use, subject to issuance of a conditional use permit.
(G) Off-street 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 required 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.
(H) 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.
I
(I) 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 that
required for that use named in the schedule which is determined by the Planning and
Zoning Commission to be most similar.
(J) 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 vehicle.
(K) 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-l 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.
(L) Access. All off-street parking areas shall have access from driveways rather
than from public streets, and except by conditional use permit, the driveway access shall
51
L______ _
be limited to 24 feet in width at the curb line.
(M) Requirements For Mixed-Uses. If a building or structure contains a mixture
of uses as defined by paragraphs (A) and (I), the minimum number of parking spaces
required for the entire building or structure shall be calculated for the most restrictive
parking use as permitted by the applicable zoning district and building codes.
(Ord. 2d #19, amended 6-27-2007)
~ 156.167 TREE PLANTING
Required trees should be planted in the front yard out of the right of way and a
minimum of 15 feet from the curb line and shall not be planted in a manner that interferes
with any current or planned utility line. Trees may not be planted under a power line
except low growing varieties approved by the City for such locations.
~~ 156.168 THROUGH 156.177 RESERVED FOR FUTURE EXPANSION.
~ 156.178 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:
District Overstory Trees Foundation Plantings"
R-I 2 trees/unit/street frontage' None
R-2, R-4 and R-5 2 trees/unit/open space exposure2 None
R-2A 8 trees plus two trees/unit' None
B-1 8 trees or 1/3,000 sq. ft. site areas 1/10 ft. building and parking area
M-I and M-2 8 trees or 1/3,000 sq. ft. site areas 1/10 ft. building and parking area
I-I 8 trees or 1/3,000 sq. ft. site areas 1/10 ft. building and parking area
P-I 8 trees or 1/3,000 sq. ft. site areas 1/10 ft. building and parking area
52
District Overstory Trees Foundation Plantings"
NOTES:
1 Trees shall be deciduous and planted off the boulevard but in the front yard area. 1_ _ _ _ _ _ _ _ _ _ _ _
2 Trees shall be deciduous. Unit exposures with street frontage shall be planted in the front yard
area consistent with section 156.181.
3 Tree spacing must include trees at near the boulevard at minimum 50-foot intervals.
4 The calculation for the number of foundation plantings is based upon one planting for each lineal
foot of building perimeter and parking lot perimeter. Plantings may be grouped rather than
dispersed at to-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) Overstory 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) Front-yard trees. All front-yard trees shall be hardwood shade trees or
flowering trees. Where overhead utility lines exists, only low growing varieties approved
for planting under utility lines shall be allowed.
(4) Overstory 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
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.
53
0Nnment: {Dallas wanted notreeJ ill
city risbt-or-way, than Isteet
ftom curbline. is directly
counter to 0lIIIas' Slloulcl
P&Z decide this issue?
PLANNED UNIT DEVELOPMENTS
~ 156.200 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.
~~ 156.201 THROUGH 156.209 RESERVED FOR FUTURE EXPANSION.
* 156.210 GENERAL REQUIREMENTS.
A conditional or interim use permit shall be required of all planned unit
developments. The city may approve the PUD only if it fmds 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
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 harmonize 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;
54
(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 plats;
(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
(1) Subdivision review under the subdivision chapter shall be carried out
simultaneously with the review of a PUD under this section.
~~ 156.211 THROUGH 156.219 RESERVED FOR FUTURE EXPANSION.
~ 156.220 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.
~ 156.221 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 POD shall be so designed as to minimize
undesirable impact of the POD on adjacent properties, and conversely, to minimize
undesirable impact of adjacent land use and development characteristics on the POD.
~ 156.222 MINIMUM SIZE.
A POD 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
55
any development be submitted as a PUD when in their opinion the proposed development
could be best handled as a PUD.
t 156.223 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.
t 156.224 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.
t 156.225 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.
t 156.226 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.
t 156.227 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.
t 156.228 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.
t 156.229 RESERVED FOR FUTURE EXPANSION.
56
~ 156.230 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.
~~ 156.231 THROUGH 156.239 RESERVED FOR FUTURE EXPANSION.
~ 156.240 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
landscaped with trees and plantings and properly maintained.
~~ 156.241 THROUGH 156.249 RESERVED FOR FUTURE EXPANSION.
~ 156.250 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 infonnally 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.
~ 156.251 APPLICATION.
(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 (esolution of the City Council.
57
(B) The application with accompanying outline development plan shall be submitted
(16 copies) and shall include:
(1) 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;
( 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
58
(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.
~ 156.252 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 ~ 156.065 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
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.
~ 156.253 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 fmal plat. Where the PUD application and/or fmal plat is to be
resubmitted or denied approval, the City Council action shall be by written report setting
forth the reasons for its actions.
~ 156.254 FINAL REVIEW AND APPROVAL.
An application for review and approval of the fmal 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
fmal approval is not made within the time required, the proposal shall be considered
59
abandoned unless an extension period is requested and granted by the City Council.
* 156.255 DOCUMENTATION REQUIRED.
The fmal 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
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
(10) The density of land use to be allocated to the several parts of the site being
developed.
(B) A written statement including:
(1) 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
60
for the particular PUD.
i 156.256 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 final development plan shall be in general conformance with the
preliminary development plan as approved.
(B) (1) Criteria for approval. The fmdings 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;
(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 fmal 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.
61
(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 fmal 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.
fi 156.257 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.
fi 156.258 AMENDMENTS-CHANGES TO THE PUD PLAN.
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 fmal 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 oflots, blocks and open space, must be
authorized by the City Council under procedures outlined for amendment of this chapter.
fi 156.259 COMPLETION.
(A) Completion of the PUD shall be certified by the Planning and Zoning
Commission on the fmal development plan. Thereafter, the use of land and the
construction, modification or alteration of any buildings shall be governed by the
approved fmal development plan.
(B) Changes may be authorized only under the procedures provided below:
(I) 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 final 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.
fi 156.260 SITE IMPROVEMENTS.
62
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.
~ 156.261 CONSTRUCTION.
The construction and provisions of all the common open spaces and public and
recreational facilities which are shown on the final 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
construction which has taken place on the site. Ifhe or she shall fmd 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.
~ 156.262 MAINTENANCE OF COMMON OPEN SPACE.
All land shown on the fmal 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.
~ 156.263 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;
(0) 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.
ADMINISTRATION
63
~ 156.300 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
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
fmds appropriate to determine compliance with these standards.
~~ 156.301 THROUGH 156.309 RESERVED FOR FUTURE EXPANSION.
~ 156.310 V ARIANCES.I_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _-
(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:
64
Comment: This section Deeds
Recent QOIIl'l ruJinsa
wed our city's use of
Permits fot limited
ludieial interp1'etation is
uses, by law, DlUSt run
with the until the condition DO loqer
exists. Therefore the City DlUSt adopt a
new "Interim" 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 / CUP application.
(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
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) Because of the particular physical surroundings, shape or topographical
conditions of the parcel or lot, the proposed variance would relieve and undue hardship,
as distinguished from a mere inconvenience, should the applicable ordinance be strictly
enforced;
65
(c) 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;
(d) The alleged difficulty or hardship is caused by the applicable city
ordinance and has not been caused by anyone presently having an interest in the parcel of
land;
(e) 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
(f) Granting of the variance will not allow a use which is otherwise not a
permitted use in the zoning district in question and would not alter the essential character
of the district in which the property is located.
(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 of the date of denial.
~~ 156.311 THROUGH 156.319 RESERVED FOR FUTURE EXPANSION.
~ 156.320 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.
(1) 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
66
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 of the 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
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 fmdings 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
67
Commission for further consideration. The Council shall not grant a conditional use
unless it fmds 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 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 terms of such permit.
(6) A Conditional Use Permit shall remain in effect only so long as all of the
conditions granted by the Council are observed. The Permit is immediately 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.
ff 156.321 THROUGH 156.329 RESERVED FOR FUTURE EXPANSION.
f 156.330 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 performance standards that protect the public
health, safety and welfare.
(B) Authority. The Council may, after review, hearing and report by the Planning
Commission, grant a Interim Use Permit authorizing the development of a interim 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 interim use.
(C) Standards and conditions for interim uses.
(I) A Interim Use Permit 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) 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
68
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 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 of the 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
conditions, utility facilities and other matters affecting the public health, safety and
general welfare;
(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; 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 is subject to clearly
defmed 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 approv.al, to protect the value of other property, and to achieve the goals and
objectives of the comprehensive plan.
(D) Procedure.
(1) An application for a Interim 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
69
L_
recommendations concerning the proposed interim use. Such report shall be
accompanied by fmdings of fact specifying the reasons for the recommendation. In
considering interim 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 interim use or refer the matter back to the Planning
Commission for further consideration. The Council shall not grant a interim use unless it
fmds that the standards of this Section have been satisfied. Any proposed interim 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) 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
terms 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.
(0) Termination. All Interim Use Permits shall terminate on the happening of any of
the following events, whichever frrst occurs:
(1) The date stated on the permit;
(2) Upon violation of the condition under which the permit was issued; or
(3) Upon change in the city's zoning 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.
~~ 156.351 THROUGH 156.399 RESERVED FOR FUTURE EXPANSION.
i 156.400 ENFORCEMENT AND VIOLATIONS.
The Zoning Administrator is directed by the City Council to enforce the provisions
70
of this chapter and maintain all necessary records pertaining to this chapter, including but
not limited to amendments, variances, complaints and violations.
~~ 156.401 THROUGH 156.409 RESERVED FOR FUTURE EXPANSION.
~ 156.410 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.
~ 156.999 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 allowed by law. Each day a violation exists constitutes a separate offense.
71
CITY OF CENTERVILLE
ANOKA COUNTY, MINNESOTA
RESOLUTION #09-XXX
THE CITY COUNCIL FOR THE CITY OF CENTERVILLE RESOLVES THE FOLLOWING:
Pursuant to Minnesota Statutes Sections 412.191, Subdivision 4, and 331A.Ol
Subdivision 10, the City Council, by a vote of at least 4/5 finds that a swnmary of ordinances
passed by this Body is necessary for the orderly notification of said ordinances to the public; and
this Body hereby approves the following text for summary publication of ordinances:
****** BEGINNING OF SUMMARYIEXT APPROVED FOR PUBLICATION ******
SUMMARY OF ORDINANCE AMENDMENTS PASSED ON 1/14/2008
ORDINANCE #29, SECOND SERIES
CHAPTER 150: BUILDING REGULATIONS
TECHNICAL AMENDMENTS:
Changes to Chapter 150: Amendments 150.01, 150.10 and 150.30
PURPOSE OF PROPOSED AMENDMENTS:
Recognize State law changes and increase public safety. Regulate drainage.
EXPLANATION OF SUBSTANTIVE AMENDMENTS:
Adoption of new State fire code and relevant provisions. Drainage requirements for sump
pumps.
CHAPTER 152: SIGN REGULATIONS
TECHNICAL AMENDMENTS:
Changes to Chapter 152: Amendments 152.03, 152.15, 152.16 and 152.18
PURPOSE OF PROPOSED AMENDMENTS:
Regulate public signage.
EXPLANATION OF SUBSTANTIVE AMENDMENTS:
Definitions for type, size and place of signs. Specific changes for dynamic, political, and
temporary signs.
CHAPTER 153: SUBDIVISION REGULATIONS
TECHNICAL AMENDMENTS:
Changes to Chapter 153: Amendments 153.44 and 153.45
PURPOSE OF PROPOSED AMENDMENTS:
Planning for community development.
EXPLANATION OF SUBSTANTIVE AMENDMENTS:
New utilities to be constructed underground. New requirements for manufactured home
developments.
- 1 -
/Lf
CHAPTER 154: ZONING CODE
TECHNICAL AMENDMENTS:
Changes to Chapter 154: Amendments 154.004, 154.015, 154.018, 154.050-154.057, 154.110,
154.130, 154.140, 154.150, 154.170, 154.180, 154.181, 154.210, 154.263,154.310, 154.320,
154.330 and Appendix A. Chapter 154 is renumbered and reorganized as Chapter 156.
PURPOSE OF PROPOSED AMENDMENTS:
Planning for community development. Renumber and reorganize Chapter for ease of use.
EXPLANATION OF SUBSTANTIVE AMENDMENTS:
Changes to fencing regulation; structural setbacks; parking space requirements; and landscaping.
Changes to procedures and standards for obtaining variances, conditional use permits, and
interim use permits.
Effective Date: This ordinance shall be effective immediately upon its passage and publication
according to law.
SUMMARY OF ORDINANCE AMENDMENTS PASSED 1/28/2008
ORDINANCE #30, SECOND SERIES
CHAPTER 156: ZONING CODE
TECHNICAL AMENDMENTS:
Changes to Chapter 156: Entirely new chapter added to code of ordinances. Chapter 154 is
retired from the Code.
PURPOSE OF PROPOSED AMENDMENTS:
Renumber and reorganize Chapter for easy of use.
EXPLANATION OF SUBSTANTIVE AMENDMENTS:
Chapter 154 is renumbered and reorganized as Chapter 156.
FULL TEXT OF SUMMARY OF AMENDMENTS AVAILABLE:
The full text of these amendments is available at the Centerville City Hall, 1880 Main St.,
Centerville, MN 55038. On file with the City Clerk is the original version of the text, the
amended version of the text, and a comparison copy of the original text overlaid with the
amended version of the text.
Effective Date: This ordinance shall be effective immediately upon its passage and publication
according to law.
****** END OF SUMMARY TEXT APPROVED FOR PUBLICATION ******
-2-
/5
PASSED AND DUL Y ADOPTED this _ day of January, 2009 by the City Council of
the City of Centerville.
CITY OF CENTERVILLE
Mary Capra, Mayor
ATTEST:
Teresa Bender, City Clerk
- 3 -
no
January 23,2009
Dallas Larson
Administrator
aty of Centerville
1880 Main Street
Centerville, MN 55038-9794
Re: CSAH 14
City of Centerville
Bonestroo RIe No.: 000616-07159-0
Dear Dallas:
The CSAH 14 Sb'eetscaping plans induded only photocell control for the decoratfve lights. This
means they turn on when it is dark and turn off when it gets light. In order to have the lights
turn on at dusk and turn off (or have half of them tum off) at a certain time at night, a timer
would need to be added to the control panel. Our lighting system is broken down Into four
circuits. The north and south halves are each broken into two circuits (every other light). Each
of these four circuits needs to be connected to the timer.
The contractor has quoted a price to add this equipment of $3,340. If the City wishes to proceed
with this work, It would be appropriate to have the City Council authorize Anoka County to
process a change order with the contractor for the aforementioned work at the quoted price.
Sincerely,
BONESTROO
.4"/;/'1/1 *
Mark Statz
City Engineer
651-604-4709
cc: Paul Palzer - Public Works Director
RJG, CWl2, SAO - Bonestroo
2335 HiglrW.ly 36 W
SI. PdUl, MN 55113
Tc16'i 1.636.4600
fa1.65J.636 1311
www bonestroo.cuOl
.. Bonestroo
St. Paul
SI. Cloud
Ro(hl~M('f
Milwi.ukel' / 7
ChlCilgO
, ~ (~fcr r J
~'I Hllll J
lr]flO, Jt l'l
2335 Highway 36 W
51. Paul. MN 55113
Tel 651-636-4600
Fax 651-636-1311
www.boflestroo.com
January 15, 2009
... Bonestroo
Dallas larson
Administrator
City of Centerville
1880 Main Street
Centerville, MN 55038-9794
Re: Soil Boring Quotes - Proposed Pond Location in laMotte Park
City of Centerville
Bonestroo File No.: 000616-08167-0
Dear Dallas:
We have received quotes to complete the necessary soil boring logs and reports for the project
referenced above from Braun Intertec and American Engineering Testing, Inc. The quotes were
as follows:
1. $3,780.00 - Braun Intertec
2. $5,200.00 - American Engineering Testing, Inc.
It would be our recommendation to approve the proposal submitted by Braun Intertec upon
signing the aty's Contract that includes unlimited liability.
Feel free to contact me at 651-604-4709 if you have any questions.
Sincerely,
BONESTROO
//~~ ~
Mark Statz, PE
Oty Engineer
651-604-4709
Copy: RJG, CWL2
St. Paul
51. Cloud
Rochester
Milwaukee I}?
Chicago
terviffe
CITY OF CENTERVILLE
MONTH! Y ENGINEER'S REPORT
For January 14, 2009 City Counel Meeting
tEsta6fisl;ed'1857
Italics = New information.
Normal = No change from last report.
1. 21st Avenue/Backage Road (000616-05143-0). The project is complete and final payment has
been made. The RCWD is requiring some additional restoration work. before the Contractor is given
back their surety. The work will be completed in the Spring of 2009 when the ground is workable.
2. Old Mill Road Improvements (000616-06147-0). We are in the process of obtaining lien waivers
and IC-134's. Once all documents are received we will recommend Project Close Out and Acceptance.
The Contractor has contacted the City of Centerville to see if a joint check can be prepared for Final
Payment because the subcontractors will not release their lien waivers until they are paid for the work
they completed.
3. Clearwater Creek Estates (Hanzal Property) (000616-06154-0). Reseeding of the corrected
mitigation area has been completed. A skimmer structure is to be placed at the pond outlet per RCWD
requirements. Once the seeding is established and the skimmer structure is installed, we can finalize
the project and ask RCWD to release their permit surety.
4. Hidden Spring Park (000616-07155-0). Final Payment has been made to the Contractor. The
only items remaining are the replacement of the glider bench slats and the monitoring of the plantings
in the rain garden and upper shoreline area next spring.
5. Comprehensive Plan (000616-07157-0). We have sent the comprehensive plan to the Met
Counel for their formal review. Once the Met Counel approves it, the plan, with any noted revisions,
will go before P&Z for a hearing then to the City Council for final adoption.
6. 2009 Street and utility Improvements (000616-07158-0). Bids were received on October 291t1.
Assessment policies and other project issues have been discussed at the special City Coundl meetings
on November Sltl, December 1st, and January jh.
The tentative schedule for the project is as follows:
Assessment Hearing
Consider Award
Construction
January 21, 2009
January 28 or Feb. 11, 2009
Spring 2009
7. CSAH 14 Construction Services (000616-07159-0). Construction is on hold until spring.
8. Downtown Redevelopment Comprehensive Infrastructure Plan (000616-07161-0). We
continue to provide support to Mr. Meyer and the Beard Group as they formulate an initial phase for the
redevelopment project. Pro-Source Technologies has completed soil borings in the downtown area toninvestigate possible contamination sites and to develop an action plan for dealing with them as the
redevelopment occurs. The results of those borings and a draft of the action plan will be presented to
Counel sometime this winter.
9. Creative Kids Day Care Site (000616-07164-0). The Contractor is still working on some drain tile
items that are being required by the RCWD that they have to correct.
10. TE Grant Trail Project (000616-08165-0). A draft of the Project Memorandum (Environmental
Document) will be available for aty staff review the week of the 1zn. We would also invite members of
the Parks and Rec. Committee to review the document since it involves major work on the City's trail
19
system. A letter from the Parks Committee, addressed to the aty Administrator, was prepared to fulfill
funding requirements which mandate that any impacts to parks be signed off on by those who manage
the parks system.
11. 2008 Downtown storm Water Improvements (000616-08167-0). We have been exploring an
altemative site for the irrigation pond in the southwest comer of liJurie liJMotte Memorial Park, rather
than at St. Genevieve3- Church. Preliminary calculations for this site are promising and may alleviate
our issues with sharing a pond with the church.
- End of memo-
d-D