Loading...
HomeMy WebLinkAbout2000-05-02 P & Z Agenda PLANNING AND ZONING MEETING AGENDA MAY 2, 2000 6:30 p.m. I. CALL TO ORDER 1. Roll Call II. PUBLIC HEARING(S) III. APPEARANCES IV. NEW BUSINESS V. DISCUSSION ITEMS 1. Ordinance #4 VI. CONSIDERATION OF MUNITES 1. April 4, 2000 Planning and Zoning Minutes (To Be Available at Meeting) VII. ADJOURNMENT ORDINANCE #4 An Ordinance regulating the use of land, location, bulk, height, .and use of structures and the arrangement of the structures, on lots, and the density or population in the City of Centerville, Minnesota and providing for the administration and enforcement of such regulations. The City Council of the City of Centerville ordains as follows: DIVISION 10: General Provisions Section 010-010: Title. This ordinance shall be known as Ordinance #4, City of Centerville Zoning Ordinance except as herein referred to as "this Ordinance". Section 010-020: Purpose. It is the purpose of this Ordinance to: . Protect and promote public health, safety and general welfare. . Protect the natural resources in the City. . Establish land use patterns and development regulations consistent with the City of Centerville Comprehensive Plan. . Prevent overcrowding of land. . Limit congestion and promote safety in the public rights-of-way. . Prevent the premature demand of public services. . Stage development consistent with the efficient provision of public utilities and public services. . Maintain the small town character and quality of living in the community. . Establish compatibility of land uses in the City to protect existing investments and property values. . Promote opportunities for cohesive and compatible business development. . Establish guidelines and regulations to promote housing variety and quality living environments. Section 010-030: Jurisdiction. The geographic jurisdiction of this Ordinance includes the entire area within the corporate limits of Centerville, Minnesota. Land areas which may be added to the City by annexation, merger or other means shall be classified R-1 Rural Residential until such time that the City Council may rezone the added territory to more appropriate classification. Section 010-040: Application. Where the conditions imposed by any provisions of this Ordinance 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. Page 1 of 65 Section 010-050: Severability. If any provision of this Ordinance orthe application of any provision to particular circumstances is held invalid, the remainder of the Ordinance or the application of such provision to other circumstances shall not be affected. Section 010-060: Repeal. Ordinances, including all prior Zoning Ordinances and Amendments or parts thereof in force at the time this Ordinance shall take effect and Ordinances inconsistent herewith are hereby repealed, including Centerville Ordinance #10. Nothing contained in this Ordinance repeals or amends any Ordinance requiring a permit or license to engage in any business or occupation. Division 15: Definitions Section 015-010 Specific purposes. For the purposes of this Ordinance, certain words contained herein have the following meaning. Other words not included in this Section shall have the meaning defined in Minnesota State Statutes. Other words not so defined shall have the meaning customarily associated with them. Section 015-020: Definitions. Abandonment - To cease or discontinue a use or activity without intent to resume, but excluding temporary or short term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. Abutting - Having a common border with, or being separated from such a common border by a right-of-way, alley or easement. Accessory Structure - A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure. Accessory Use - A use incidental to, and on the same lot as, a principal use. Agriculture - The use of land for agriculture purposes, including farming, dairying, pasturage, agricultural, horticulture, floriculture, viticulture, and animal poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, the operation of any such accessory uses shall be secondary to that of normal agricultural activities. Alley - A public or private way permanently reserved as a secondary means of access to abutting property. Alteration - Any change, addition, or modification, in construction or occupancy of an existing structure. Alteration, Structural - Any change in the supporting members of a building or structure, Page 2 of 65 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, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the. exterior of any building. Apartment - A room or suite of rooms, including bath and kitchen facilities, in a multiple- family building designed for occupancy by a single family. Apartment Accessory - An apartment that is secondary and incidental to a principal use or building. Area Identification Sign - A freestanding sign which identifies the name of a residential subdivision, commercial or industrial development. Basement - A portion of a building located partly underground, having more then 50% of its floor-to-ceiling height below the average grade of the adjoining ground. Split level, split entry and earth sheltered homes shall be construed to satisfy basement requirements. Block - A tract of land bounded by streets, or a combination of streets, parks, cemeteries, railroad rights-of-way, shore lines, waterways or corporate boundary lines of the City. Board - The Board of Appeals and Adjustments of the City of Centerville. Boathouse - A structure designed and used solely for the storage of boats or boating equipment. Building - Any structure having a roof which may provide shelter or enclosure of persons, animal or chattel, and when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. Buildable Area - The space remaining on a zoning lot after minimum yard and open space requirements have been met. Building Coverage - See Lot Coverage. Bui/ding Height - See Height. Building Line - The line, parallel to the street line, that passes through the point of the principal building nearest the front lot line. Bui/ding, Principal - See Principal Building. Business Area - Any business activity which renders service to other commercial or industrial enterprises. Page 3 of 65 City Council or Council - The City Council of the City of Centerville. Clear Cutting - The indiscriminate removal of trees, shrubs, or undergrowth with the intention of preparing real property for non-agricultural development purposes. This definition shall not include the selective removal of non-native tree and shrub species when the soil is left relatively undisturbed, removal of dead trees or normal mowing operations. Clinic - Any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight. Club - Any establishment operated for social, recreational, or educational purposes but open only to members and not the general public. Cluster Housing - The grouping of single-family dwellings within specified areas while maintaining the same overall allowable density in that same area. Commercial Use - An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee. Commission - The Planning and Zoning Commission of the City of Centerville. 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 of Centerville. 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 Ordinance 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. Contractors Yard - An area where vehicles, equipment and/or construction materials and supplies commonly used by building, excavation, roadway construction and similar contractors are stored or serviced. The contractor's yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor's business. Coverage - That portion of a lot covered by principal and accessory use structures. Cul-de-sac - A local street, one end of which is closed and consists of a circular turn Page 4 of 65 around. Day Care Facilities - A state licensed day care facility, as defined in Minnesota Statutes, Chapter 462. Deck - A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site. . Density - The number of dwelling units permitted per net acre of land. Development - All structures and other modifications of the natural landscape above and below ground or water, on a particular site. District - See Zone. District Zoning - An area of land for which there are uniform regulations governing the use of buildings and premises. 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, Single-Family, Attached (group, row, and townhouses) - One (1) of two (2) or more residential buildings having a common or a party wall separating dwelling units. Dwelling, Single-Family, Detached - A residential building containing not more than one (1) dwelling unit entirely surrounded by open space on the same lot. Dwelling, Two-Family - A building used exclusively for occupancy by two (2) families living independently of each other. Dwelling, Multiple - A detached, residential building containing three (3) or more dwelling units, including what is commonly known as an apartment building, but not including group, row or townhouses. Dwelling, Seasonal - A dwelling not used for permanent residence and not occupied for more then six months in each year. Dwelling Unit - One (1) or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one (1) family with separate toilets and facilities for cooking and sleeping. Easement - The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose. Page 5 of 65 Essential Services - Public and private utilities required by the resident and working population. Family - An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than five (5) persons not so related, living together a,s a single housekeeping unit using common cooking and kitchen facilities. Facade - The exterior wall of a building exposed to a public view or that wall viewed by persons not within the building. Fence - Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land, Flood Plain - Flood plain or flood-prone area means 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 1 DO-year flood without cumulatively increasing the water surface elevation more than one foot at any point. Floodway Fringe - All that land in a flood plain not lying within a delineated f1oodway. 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. Frontage - The front or frontage is 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 corner lot. Garage, Private - Any accessory building or an accessory portion of a principal building designed or used solely for the storage of motor vehicles, boats and other personal belongings which are owned or used by the occupants of the building to which it is accessory. Glare - A sensation of brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and visibility. Page 6 of65 Grade - The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building. Height of Building - The vertical distance from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Home Occupation - An occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood. Hotel- A building occupied as more or less temporary abiding place of individuals who are lodged with or without meals for compensation and in which there are more than ten (10) sleeping rooms usually occupied singly, and in which no provision is made for cooking in any individual apartment. Impervious Surface - Any material that substantially reduces or prevents the infiltration of storm water into previously undeveloped land. Impervious 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. Such 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. Intensive Vegetation Clearing - The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. 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. Light Manufacturing - The processing and fabrication of certain materials and products where no process involved will produce noise, vibrations, air pollution, fire hazard or noxious emissions which will disturb or endanger neighboring properties. Lot - A platted parcel of land intended to be separately owned, developed, and otherwise used as a unit. Lot Area - The area of horizontal plane bounded by the vertical planes through front, side, and rear lot lines. Lot, Corner - A lot abutting on and at the intersection of two or more streets. Page 7 of 65 . 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 - An interior lot is a lot other than a corner lot. Lot Line - A line dividing one lot from another lot or from a street or alley. Lot Line, Front - On an interior lot, the lot line abutting a street; or, on a corner lot, the shorter lot line abutting a street; or, on a through lot, the lot line abutting the street providing the primary access to the lot; or, on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained. Lot Line, Rear - The lot line not intersecting a front lot line that is most distant from and most closely parallel to the front 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: A. Was a separate parcel of record April 1, 1945 or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is later, or of the adoption of subdivision regulations pursuant to a Home Rule Charter; and B. Was the subject of a written agreement to convey entered into prior to such a time; and C. Was a separate parcel of not less than two and one half (2 Yz) acres in area and one hundred fifty (150) feet in width on January 1, 1966; and D. Was a separate parcel of not less than five (5) acres in area and three hundred (300) feet in width on July 1, 1980; and F. Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less then three hundred (300) feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, anyone of which is less than five (5) acres in area or three hundred (300) feet in width; and Page 8 of 65 G. Is a single parcel of residential or agricultural land of not less then twenty (20) acres and having a width of not less than five hundred (500) feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, anyone of which is less than twenty (20) acres in area or five hundred (500) feet in width. Lot, Substandard - A lot or parcel of land that has less than the required minimum area or width, as established by the zone in which it is located and provided that such lot or parcel was recorded as a legally created lot on the effective date of the ordinance codified in this title. Lot, Through - A lot having its front and rear yards each abutting on a street. Lot, Width - The horizontal 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. Motor Vehicle - A self-propelled vehicle for personal or business use as defined in Minnesota Statutes 169.01. Motor Fuel Station - An establishment where gasoline, diesel, kerosene, motor oil and lubricants are sold or used in servicing motor vehicles and where usual motor vehicle repairs and services are performed. Non-Conforming Structure or Use - A structure or use lawfully in existence on the effective date of this ordinance 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 non-related. Open Space - Any unoccupied land space open to the sky. 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 Page 9 of 65 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. Planning and Zoning Commission - The Planning Commission of the City of Centerville. Plat - The drawing or map of a subdivision prepared for filing of record pursuant to Chapter 505 and containing all elements and requirements set forth in applicable local regulations adopted pursuant to Section 462.358 and Chapter 505. Portable Sign . Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right of way, unless said vehicle is used in the normal day-to-day operations of the business. Principal Use or Principal Structure - The main use to which the premises are devoted and the purpose for which the premises exist. Private Property - Any real property within the City which is privately owned and which is not a public property as defined in this section. Public Hearing - An official public meeting, which notice has been published in the official newspaper. Public Property - Any street or highway that includes the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility. Recreational Use - Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launches 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, defined by Chapter 462, Minnesota Statutes, serving six (6) or fewer persons, in a Single-Family Residential District and no more than sixteen (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 Page 10 of65 . dedicated to such usage. Semipublic Use - The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. Setback - The minimum horizontal distance between a lot line and a building line or use. Sewage Treatment System - A septic tank and soil absorption system or other individual or cluster type sewage treatment system but only as described and regulated by the City's land use regulation. Sewer System - Pipelines or conduits, pumping stations, forcemain, and all other construction devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. Shore Impact Zone - Land located between the ordinary high water level of a public water and a line parallel to it at a set back of fifty percent (50%) of the structure setback. Shoreland - Land located within the following distances from public waters: one thousand (1,000) feet from the ordinary high water level of a lake, pond, or flowage; and three hundred (300) feet from a river or stream, or the landward extent of a flood plain designated by ordinance on a river or stream, which ever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides, which extend landward from the waters for lesser distances and when approved by the Commissioner. Sign - Any name identification, display illustration structure or device which is publicly displayed and which is used to direct attention to a product, person, business, institution or place. Significant Historic Site - Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplanted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the Director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. 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 such story. Page II of65 1- Steep Slope - Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provision of this ordinance. Where specific information is not available, steep slopes are land having average slopes over twelve percent (12%), as measured over horizontal distances of fifty (50) feet or more. '. Street Access - A public thoroughfare, which affords the principal means of abutting land. Street Line - The legal line of demarcation between a street and abutting land. Structure - Anything constructed or erected, the use 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, and other building features, but not including sidewalks, drives, swing-sets, enclosed play structures under fifty (50) square feet, fences and patios. Structural Alteration - Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders. Subdivision - The separation of an area, parcel or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest, necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other uses or any combination thereof, except those separations: A. Where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or larger in size and five hundred (500) feet in width for residential uses and five (5) acres or larger in size for commercial and industrial uses; and B. Creating cemetery lots; and C. Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. The purpose or activity for which the land or building thereon is designed, arranged, or intended, or for which it is occupied or maintained and shall include any manner of performance of such activity with respect to the performance standards of this ordinance. 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 Page 12 of65 entrances; the structures being as of a row house type as distinguished from multiple dwelling apartment buildings. Travel Trailers - A mobile vehicle with wheels, designed for overnight living or camping purposes, capable of being towed by a passenger automobile. Use, Permitted - A use that is permitted in the district under which it is listed. '. 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 useable by persons occupying a dwelling unit and their guests. Variance - The waiving by Board action of the literal provisions of the Zoning Ordinance 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, automobile, busses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts, campers, trailers, boats, planes and gliders. Vehicle Abandoned - Any vehicle as defined in this section, which does not have lawfully affixed or attached thereto an un-expired 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 such 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 definition, wetlands must have the following three characteristics: A. Predominance of hydric soils; and B. Are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and C. Under normal circumstances support a prevalence of such vegetation. Yard. A required open space on a lot which is unoccupied and unobstructed from the ground upward, except as otherwise provided for herein. The measurement of a yard shall Page 13 of 65 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 abutting street right-of-way line to a depth required in the yard regulations of the district in which such lot is located. On a corner lot the narrowest street dimension shall be the front yard. Yard, Rear - A yard extending along a side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such 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. Section 015-030: General Regulations. For clarity and consistency in the understanding and application of this Ordinance the following shall apply: Use of the masculine gender includes the feminine and neuter genders unless otherwise specifically noted. Grammatical use of references made in the singular shall include the plural and the plural shall include the singular, unless such use or reference is otherwise specifically stated. Sentence construction or phraseology in the present tense, and similarly, references in the future tense may include the present. The word "shall" is used to mean mandatory, whereas the word "may" is permissive and does not imply obligation. The catch lines of the sections of this Ordinance are intended as mere catchwords to indicate the content of the section, and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any sections. Division 20: 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 Page 140f65 Division 25: Lot Provisions Lots of Record A. No lot of record shall be reduced in size below the district requirements of this Ordinance; and B. A 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 of the division of property. 2. It fronts on a public street. 3. The lot is within seventy percent (70%) of the minimum lot area and lot width required. C. If two (2) 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 Ordinance, the contiguous lots shall be considered to be an undivided parcel for the purpose of this Ordinance. Division 30: Non-Conforminq Uses and Structures Any structure or use existing upon the effective date of the adoption of this Ordinance which does not conform to the provisions of the Ordinance may be continued subject to the following conditions: A. The non-conforming use is not expanded or enlarged, except in conformity with the provisions of this Ordinance; and B. If a non-conforming use is discontinued or a non-conforming structure is abandoned for a period of six (6) months, further use of the structure or property must conform to this Ordinance; and C. If a non-conforming use is replaced by another use, the new use shall conform to this Ordinance; and D. If a non-conforming use or structure is damaged by any cause to the extent that repair or replacement costs exceed fifty percent (50%) of the market value, the use or structure may not be replaced or repaired except in conformity with this Ordinance; and Page 16 of65 E. Normal maintenance of a non-conforming structure is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use. Division 35: Home OccuDations Home occupations in the City must meet the following criteria: A. Home occupations shall be conducted solely by persons residing in the residence with the exception of no more than one additional non- related employee; and B. All business activities and storage shall take place within the structure; and C. There shall be no alteration to the exterior of the residential dwelling, accessory building or yard that in any way alters the residential character of the premises; and D. No more than one (1) sign not exceeding two (2) square feet with a maximum height of six (6) feet identifying the occupation shall be used; and E. The occupation shall not be visible or audible from any property line; and 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 fifty percent (50%) of the principal structure square footage; and G. Unless completely enclosed within an approved structure, no vehicle used in the conduct of the occupation shall be parked, stored or otherwise present at the premises other than such as is customarily used for domestic or household purposes; and 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. Division 40: Sinale-Family Dwellina Requirements All Single-family, detached dwellings shall be construeled according to the following Page 17 of 65 Ordinance. Unless otherwise noted, no structure permitted under this Ordinance may be inhabited or occupied without a Certificate of Occupancy issued by the City. B. Relationship to Comprehensive Plan Interpretation and enforcement ofthe provisions ofthis Ordinance are intended to be consistent with the implementation of goals, policies and land use elements of the Centerville Comprehensive Plan to the extent practical or required by law. The application of or amendments to this Ordinance, which are determined to be inconsistent with the Comprehensive Plan, shall require amendments to the Comprehensive Plan, this Ordinance or both. C. Minimum Requirements In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. D. Use Not Identified Uses not specifically identified in this Ordinance as permitted shall be prohibited. Amendments to this Ordinance shall be required to allow any use, which is not clearly permitted by right. E. Deadline for Actions It is the intent of the City to comply with State requirements for timely review and actions requiring formal approval by the City. Information submissions and applications must be determined by the City to be complete before a time line for action is initiated. In the event the City cannot act upon a request within a sixty (60) day time frame, the City will notify an applicant in writing that 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 or a Zoning Ordinance amendment requiring a Comprehensive Plan amendment, each action shall require a separate, independent time line for action. F. Other Ordinances The City has enacted other Ordinances that may supplement or supercede this Ordinance, including but not limited to the Subdivision Ordinance, Shoreland Ordinance and the adoption of building codes. Users of this Ordinance should contact the City to determine whether certain provisions in this Ordinance are affected by other Ordinances. Page 15 of65 Division 40: SinQle-Family Dwellina Requirements All Single-family, detached dwellings shall be constructed according to the following minimum standards: A. All dwellings shall have a minimum width of twenty-four (24) feet at its narrowest point, with the exception of the M-1 District. B. Metal siding, with exposed panels exceeding twelve (12) inches in width, shall not be permitted. C. All Single-family, detached dwellings shall have attached garages. Garages may not be converted to habitable space without replacing the required garage. D. Single-family dwellings other than approved earth sheltered homes shall have at least a 3/12 roof pitch and shall be covered with an approved roofing material. E. All Single-family dwellings shall have roof overhangs which extend a minimum of one (1) foot from all the walls of the structure. Division 45: TemDorarv Dwellinas and Structures 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. 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 six (6) month period, but are subject to the Minnesota State Building Code. Division 50: Drivewav and Parkina Lot ImDrovements All required ingress/egress points, driveways and parking areas shall be paved with asphalt, concrete, pavers, cobblestone or similar material according to minimum City specifications, excluding R-1 Districts. Driveways may not exceed a thirty (30) foot width at the streetline. Division 55: Public Utilities Reauired 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. Page 18 of65 Division 60: Relocated Buildinas or Structures 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 Planning and Zoning Commission. The Planning and Zoning Commission shall not approve a site plan without certifying the following: A. The building or structure is compatible in appearance, age and character with existing buildings and structures in the area. B. The building or structure meets all code requirements for new buildings or structures. C. The building or structure is compatible with any other buildings or structures existing on the same property. D. The building or structure meets all other requirements of this Ordinance and any other City ordinances. Division 65: Accessorv Structures and Uses No more than two (2) accessory structures are permitted on any Single-Family, detached dwelling parcel located in any district except R-1. Combined aggregate square footage for accessory structures may not exceed two hundred (200) square feet or two percent (2%) of the lot area whichever is greater. No accessory structure may be constructed on a parcel withnllt A rrinr.lrA1 "tnlr.tl)rA Ar.r.8""nry strl.lr.tures must have a minimum of a ten (10) foot side setback and a five (5) foot rear setback, except in the M-1 District where the building code governs the setbacks. In case an accessory building 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 Ordinance applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than five (5) feet to the main building, except as otherwise provided in this section. The side walls of an accessory building may not exceed ten (10) feet in height. Division 70: Site Plan Review Reauired For all zoning actions or permit applications, other than Single-Family Residential new construction building permits, a site plan review is required. Page 19 of65 Section 070-010: Submittal Requirements. A. Boundary survey of parcel including identification of all monuments; and B. Scaled location of all buildings, structures, driveways, sidewalk, trails, parking stalls and curbing; and C. Scaled identification of all setback dimensions from property lines; and D. Scaled locations of all existing and proposed utilities and easements; and E. Scaled depictions of floor plans for each story; and F. Scaled depictions of each building elevation and descriptions of exterior building materials and color schemes; and G. Scaled site grading plans, including erosion and sedimentation control mechanisms and procedures; and H. Scaled delineations of any shoreland, floodplain or wetland areas on the site; and I. Identification of any floodplain or wetland encroachments and detailed mitigation plans; and J. 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 K. 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. Section 070-020: Review Requirements. For actions that will require committee review, applicants shall submit sixteen (16) sets of site plans with a required application form and appropriate fees to the City Clerk for distribution. 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. Action to approve, modify or deny site plan applications will be based upon consistency of Page 20 of 65 the application with the City's Comprehensive Plan, Zoning Ordinance, 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. Section 070-030: Exceptions. The City may waive certain submittal requirements for fence permits or 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. Division 75: Final Gradina and LandscaDing Lots in all districts shall be subject to the following: Subd. 1 No Occupancy Permit shall be issued until the lot upon which the structure is constructed is brought to finished grade as specified; and Subd. 2 Within one (1) year from the issuance of the Occupancy Permit the lot shall be landscaped in a manner which prevents erosion due to wind or water; and Subd. 3 Within two (2) months from the issuance of the Certificate of Occupancy, a lot which has the surface altered due to the moving or destruction of any structure shall be filled and graded as required and the area sodded or seeded as allowed to prevent erosion due to wind or water. Extensions may be granted at the Building Official's discretion. Division 80: Zonina Districts/Use Regulations Section 080-010: Zoning Map. A map entitled "Centerville Zoning Map" is hereby adopted by reference and declared to be part of this Ordinance as the Official Zoning Map. Such map shall be on permanent file and available for public inspection in the City Hall. It shall be the responsibility of the City Clerk to maintain and keep the map up to date and to record each amendment thereto within thirty (30) days after official publication of the ordinance adopting the amendment. Section 080-020: 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 Planning and Zoning Commission shall make an interpretation ofthe map upon the request of any person. Any person aggrieved by any such interpretation may appeal such Page 21 of65 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: A. Zoning district boundary lines are intended to follow lot lines, or be parallel or perpendicular thereto, or along the centerlines of streets, rights-of-way or watercourses, unless such boundary lines are fiJ:{ed by dimensions shown on the Zoning Map; and B. Where zoning district boundary lines are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundary lines; and C. Where a zoning district boundary line divides a lot, the location of any such 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 D. 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 Centerville as well as other relevant facts. Section 080-030: Establishment of Districts. For the purpose of this Ordinance, the City of Centerville is hereby divided into the following zoning districts: R-1 Rural Residential R-2A High Density Single Family Residential R-2 Single Family Residential R-4 Single Family Manufactured Housing District R-5 Single Family Residential - Estate B-1 Commercial 1-1 Industrial Park District P-1 Public/Institutional District M-1 Mixed Use Section 080-040: Rural Residential (R-1). Purpose The purpose of the R-1 District is to allow agricultural activities and non-sewered residential dwellings as interim uses of the land. The City has limited vacant land for development and all land in the City is planned for eventual urban uses. Because of the limited duration anticipated for agricultural uses in the City and the incompatibilities which often exist between agricultural and non-agricultural uses, permitted uses in the R-1 District will not Page 22 of 65 reflect intensive commercial agricultural uses. Permitted Uses A. Single-family, detached, dwellings at a density not exceeding one (1) home per ten (10) acres; and B. Residential accessory uses and home occupations; and C. Crop production and vegetable gardening; and D. Produce stands for products raised on the premises; and E. Tree nurseries and sod farms; and F. Horses,livestock and fowl, not exceeding a density of one (1) horse or livestock animal per acre or three (3) fowl per acre. Special Requirements Agricultural uses are permitted in the R-1 District subject to the following requirements: A. Feed lots, runs, pens and similar intensively used facilities for animal raising and care shall not be located within three hundred (300) feet of a neighboring property; and B. Accessory farm buildings shall not be erected within one hundred (100) feet of a neighboring property. Section 080-050: High Density, Single-Family, Residential (R-2A). 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 complimentary with and enhance the community's small town atmosphere. Permitted Uses and Structures A. Single-family, detached dwellings. B. Single-family, attached dwellings with more than four (4) dwelling units per building. C. Apartments or condominiums at a density not exceeding twelve (12) units per acre. Page 23 of 65 D. Accessory uses. E. Public parks and recreation uses. F. Day care facility. G. Residential facility. H. Home occupations. Section 080-060: Single-Family, Residential (R-2). 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 complimentary with and enhance the community's small town atmosphere. Permitted Uses and Structures A. Single-family, detached dwellings. B. Single-family, attached dwellings with two units. C. Accessory uses. D. Public parks and recreation facilities. E. Day care facility. F. Residential facility. G. Home occupations. Section 080-070: Single-Family, Manufactured Housing (R-4). Purpose It is intended that the R-4 District provide for high density single-family, attached and detached residential 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 complimentary with and enhance the community's small town atmosphere. Permitted Uses and Structures A. Single-family, detached dwellings. Page 24 of 65 B. Single-Family, attached dwellings with four (4) units or less. C. Accessory uses. D. Public parks and recreation facilities. E. Day care facility. F. Residential facility. G. Home occupations. Special Requirements Manufactured homes are permitted in all residential districts if they meet the design criteria for such districts. All other manufactured homes shall be located only in designated manufactured home districts which meet the requirements of this Ordinance. 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. No person shall erect, establish, extend or enlarge a manufactured housing development within the limits of the City of Centerville without first obtaining Site Plan approval 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: 1.) Compliance with all other terms of this Ordinance #4, Centerville Zoning Ordinance; 2.) Compliance with all the terms of Ordinance #8, Centerville Subdivision Ordinance; 3.) The proposed development must be located in the City's urban service area as shown in the Comprehensive Development Plan, and must be served by public utilities as approved by the City of Centerville. Section 080-080: Single-Family Residential - Estate (R-S). 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 complimentary with and enhance the community's small town atmosphere. Permitted Uses A. Single-family, detached dwellings. B. Accessory uses. C. Public parks and recreation uses. D. Day care facility. Page 25 of 65 E. Residential facility. F. Home occupations. Section 080-090: Commercial District (B-1). 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. Permitted Uses A. Retail sales and service, but excluding adult orientated businesses. B. Automobile and motorized equipment sales and service, excluding salvage operations. C. Farm implement sales and service. D. Building supply sales and storage yards. E. Funeral homes and mortuaries. F. Day care centers. G. Hotels and motels. H. Full service gasoline sales and service. I. Eating and drinking establishments. J. Financial institutions. K. Personal and professional business offices. L. Public buildings. M. Barber/Beauty salons. N. Commercial schools. O. Hospitals and clinics. P. Nursing homes. Page 26 of65 Q. Commercial recreation. R. Animal clinics. S. Car washes. T. Liquor stores. Section 080-100: Industrial District (1-1). 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. Permitted Uses A. Business and professional offices. B. Machine and repair shops. C. Construction trade offices and yards. D. Manufacturing, warehousing, distribution, processing, packaging, assembly and research uses, except waste management. E. Indoor shooting/archery range and sales. F. Truck terminals. Special Requirements The storage of supplies, products, vehicles, equipment or other materials shall be kept indoors unless totally screened from public rights of way and adjacent properties. Adult orientated businesses are regulated separately by City Ordinance. Section 080-110: Public/Institutional District (P-1). Purpose It is intended that the P-1 District provide opportunities for government facilities, schools, churches, hospitals, libraries and other similar public and institutional uses. Permitted Uses A. Government buildings, structures, facilities, utilities, rights-of-way, easements, parks, open spaces and vacant land. B. Schools, churches, cultural and educational facilities and uses, libraries, hospitals and health facilities. Page 27 of65 occupation. shall require Site Plan approval by the Planning and Zoning Commission. Factors to be considered for such a use conversion include, but are not limited to, compatibility with adjacent land uses, structural appearance, structural adaptability, investment relationship, term or length of conversion (interim or permanent) and consistency with any land use plans prepared by the City for the Mixed Use District. The architectural design and exterior building materials used in connection with any new or expanded use or structure shall be consistent with any architectural design or' aesthetic control requirements established by the City for the Mixed Use District. Division 85: Zero Lot Lines In new residential subdivisions in M-1, R-2A, R-2, R-3 and R-4 Residential Zoning Districts, structures may be arranged to include one (1) zero lot line provided that no windows or doors open on this side of the structure. The appropriate setbacks apply. Division 90: Parkina Reauirements The following table illustrates the minimum number of parking spaces required for various uses permitted in the City. The City may modify minimum parking requirements in the M-1 District, as part of the Site Plan Approval process, if it is determined that the use is consistent with the purpose of the district and street parking is sufficient to accommodate the use. Uses Residential Churches Schools Theaters Restaurants Offices Retail Convenience Stores General Services Trade Businesses Manufacturin Other Industrial Car Washes Drive-up Restaurants ross floor area 4/1000 s 311000 s 3/1000 s ross floor area ross floor area ross floor area ross floor area Page 29 of65 Division 95: Commercial Exterior Buildina Materials 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. Exceptions to at! masonry exteriors may be considered and approved by the Planning and Zoning Commission provided the following findings are met: A. At least sixty percent (60%) of the exterior surface is masonry. B. The combination of exterior materials is used as an architectural compliment to the structure. C. 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. D. Site conditions limit public exposure to certain exterior surfaces where masonry products are not proposed. E. An exterior wall may be temporary and a future expansion area of a structure and be subject to removal or redesign as an interior wall. Buildings are required to have contrasting architectural features and must be designed to be aesthetically pleasing. Division 100: Industrial Exterior BuildinQ 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. Division 105: Fences A. A site plan must be approved by the Building Official for any fence installed for any purpose prior to installation of same. A site plan showing the location of the fence shall be submitted with the permit application. B. All fences shall be located entirely upon the property of the fence owner unless the owner of the adjoining property agrees, in writing, that said fence may be erected on the property line of the respective Page 30 of 65 properties. Such an agreement shall be submitted at the time of building permit application. If the adjoining property owner does not agree to the erection of such fence, the fence shall be set back a minimum of two (2) feet from all lot lines. No fence other than a decorative fence may be constructed along the side lot lines of a residential lot between the street and the front extension of the dwelling house. As used herein, the term "decorative fence" means a wood vertical post and wood horizontal rail fence with no more than three (3) rails or a wood picket type fence with at least two (2) inches of open space between each picket. C. No residential fence may exceed six (6) feet in height and no decorative fence in the front yard may exceed thirty-six (36) inches in height. Fencing in commercial/industrial zoning shall not exceed eight (8) feet in height. D. 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. Section 10S.o10: Snow-Stop Fencing. Snow-stop fencing may be used from November 1 to April 1. No permit shall be required for temporary fencing. Section 10S-020: Electric and Barbed Wire Fence. Electric fences, hog wire fencing, barbed wire fencing, and similar fencing will not be allowed except in the R-1 District. Section10S-030: 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. Section 10S-040: Swimming Pool Fencing. No private swimming pool or commercial pond with a water depth exceeding twenty-four (24) inches may be allowed unless enclosed by a permanent wall or fence not less than six (6) feet in height with self- closing door and self-closing latch. Division 110: Sian Re!:julations Section 110-010: General Provisions. A. A sign is a structure or a part of a structure for the purpose of applying Page3! of 65 yard and height requirements, unless specifically authorized in other areas of this Ordinance. B. Signs are prohibited within the public right-of-way or easements except that the City Council may grant a Special Use Permit to locate signs and decorations on or within the right-of-way for a specified time. C. Flashing signs, motion signs or similar devices shall be prohibited in all districts, except approved traffic signal devices. D. Interior illuminated signs are permitted in all districts except Residential. All illuminated signs shall have a shielded light source. E. Business signs shall not be painted, attached, or in any manner affixed to trees, rocks or similar natural surfaces. No signs of any type shall be painted directly on to the roof or the sides of a building. F. Signs which interfere with the ability of vehicle operators or pedestrians to see traffic signals, or which impede the vision of traffic by vehicle operators or pedestrians are prohibited. G. Wall signs must be mounted to the wall in a plane parallel to the wall and not perpendicular or projecting from the wall. H. Signs shall not project above the roofline of any structure without the issuance of a Special Use Permit. I. No sign shall physically obstruct any window, fire escape or opening intended to provide entry or exit to any structure or building or public way. J. All signs and sign structures shall be properly maintained in a safe, orderly condition at all times, including the replacement of defective parts, cleaning and other items required for the maintenance of the sign. Vegetation around, in front of, behind, and underneath the base of ground signs for a distance of ten (10) feet shall be neatly trimmed and free of weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign. K. No signs may be placed on utility poles in the community. L. There may be no more than one identical sign per lot in a residentially zoned area. Page 32 of 65 L Section 110-020: Permitted Signs. A. Campaign signs posted by bona fide candidates for political office or by a person or group promoting a political issue for a candidate may be placed in any district subject to the requirements of the district. Campaign signs may be posted for a period not to exceed sixty (~O) days and shall be removed within seven days following the date of the election. Only one sign per candidate will be allowed per lot. B. Temporary banners and pennants employed for grand opening of business establishments, special events and holidays shall be removed within fourteen (14) days after such an opening, event or holiday. Banners or pennants which are an integral part of the design or architecture of a building are permitted. C. One temporary identification sign, setting forth the name of the project, architect, engineers, contractors, planners and financing agencies, may be installed at a construction site in any district for the period of construction. The sign area of a temporary identification sign shall not exceed thirty-five (35) square feet. D. In any district, one temporary real estate sign may be erected for the purpose of advertising the lease or sale of property upon which it is placed. Only one such sign shall be permitted per street frontage. Such sign shall be removed within seven (7) days following lease or sale. E. Open house or other temporary signs that are placed and removed on the same day. The maximum size of such signs for each district is as follows: Residential Districts B Agriculture and Public/Institutional Districts B Commercial/Industrial Districts B Ten (10) square feet Twenty-five (25) square feet Thirty-two (32) square feet Section 110-030: Portable Signs. Portable signs are prohibited in residential districts. Portable signs in all other Districts are allowed with permit as specifically authorized below. Portable signs used for the purpose of directing the public will be permitted subject to the following conditions: A. Said sign is coincidental to or used in conjunction with a public function. Page 33 of 65 B. Said sign is used for a special business promotion or event. C. The period of use for such a sign shall not exceed fourteen (14) consecutive days. D. No business may have more than six (6) special promotions or events per year. E. Portable signs may not exceed eighty (80) square feet. Section 110-040: Comprehensive Sign Plan Required. A Comprehensive Sign Plan is required at the time of Planning and Zoning Commission review of any proposed commercial or industrial development. Said plan shall indicate the location, size, height, color, lighting and orientation of all proposed signs and shall be submitted for approval pursuant to the regulations of the City of Centerville A. The following signs are permitted in the Residential and Publicllnstitutional Districts: 1. Name Plate Signs: One (1) sign not to exceed two (2) square feet in area for each Single- Family, detached, dwelling or six (6) square feet in area for each Multiple-family and Public/Institutional building. Said nameplate shall indicate only name and address. 2. Public, Institutional, and Recreational Signs; One sign or bulletin board per street frontage for each permitted use in said district, provided said sign shall not exceed fifty (50) square feet in area and shall be placed outside of the street right-of-way with the exception of the center island and shall not exceed twelve (12) feet in height. 3. Area Identification Sign: One (1) sign not to exceed twenty-four (24) square feet in area for each planned residential district entrance, provided said sign is not placed within any street right-of-way and does not exceed ten (10) feet in height. Page 34 of 65 B. The following signs are permitted in the Commercial and Industrial Districts: 1. Wall Signs: Wall signs are permitted on each public street exposure or public parking exposure provided said signage does not exceed ten percent (10%) of said wall area. 2. Free Standing Signs: One (1) free standing sign per street frontage provided, however, said sign does not exceed eighty (80) square feet in area and twenty (20) feet in height. 3. Area Identification Signs: One (1) area identification sign is permitted per street frontage per commercial or industrial development provided, however, said sign does not exceed sixty-four (64) square feet in area and twenty (20) feet in height, and is not placed within ten (10) feet of any street right-of-way. Division 115: HeiQht Section 115-010: Dwellings. No dwelling or other building may be erected to a height exceeding thirty-five (35) feet without the issuance of a Special Use Permit. Section 115-020: Excess Height on a Permit. Upon the securing of a Special Use Permit any building may be erected to a height exceeding that specified for the respective district providing: A. The front, rear and side yards shall be increased one (1) foot for each one (1) foot by which the building exceeds the height limit established for such district. B. The structure is any of the following: television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, grain elevators, stage towers and scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks conveyors, flagpoles, silos, and air conditioning and heating units. C. No tower, gable, spire, or similar structure shall be used for sleeping or eating quarters or for any commercial purpose except one (1) incidental to the permitted uses of the main building. Page 35 of 65 Division 120: Yards Section 120-010: General Requirements. The minimum depth of front yards, rear yard and side yard for each District shall be as defined in the Schedule of Regulations and conform to the following additional regulations: A. 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. B. Lots which abut on more than one (1) street shall provide the required front yards along each street. Rear yard setbacks shall not be required on corner lots since side yard setbacks apply. C. Any principal structure situated on lands contiguous to or abutting any portion of the public lakes in Centerville shall maintain yard setbacks of seventy-five (75) feet from the lake. Where adjacent structures have yard setbacks different from these requirements, the minimum setback from the lake shall be the average setback of such adjacent structures to a minimum of fifty (50) feet. D. The minimum side or rear yard depths for the following non-residential structures or uses which abut any lot in any Residential District shall be: 1. Off-street parking spaces and access drives for non- residential uses - Twenty (20) feet. 2. Churches, schools and public or semi-public structures - Forty (40) feet. 3. Recreation facilities, entertainment facilities, all business uses and all industrial uses - Sixty (60) feet. Section 120-020: Computing Front Yards. For the purpose of computing front yard dimensions, measurements shall be taken from the nearest point of the front wall of the building to the street right-of-way line subject to the following qualifications: A. Cornices, canopies, or eaves may extend into the required front yard a distance not exceeding two (2) feet, six (6) inches. B. Fire escapes may extend into the required front yard a distance not exceeding four (4) feet, six (6) inches. Page 36 of 6S C. A landing place or uncovered porch may extend into the required front yard to a distance not exceeding six (6) feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing no higher than three (3) feet may be placed around such place. D. 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 (3) feet into any side yard and then, in the case of an outside stairway, only if it is unroofed and unenclosed above and below the steps. In no case shall a porch, stair landing, or any other architectural feature extend closer than four (4) feet to the side property line. E. On a corner lot in any Residential District, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (2 1/2) and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street of the lot and a line joining points along the street lines fifty (50) feet from the point of the intersection. Section 120-030: Average Setback. In anyone (1) or two (2) Family Residential District where twenty-five percent (25%) or more of the lots in any block located in the same district, exclusive of the frontage along the side of a corner lot, has been heretofore improved with buildings of a character permitted in the District and the front yards on the lots vary in depth to an extent not greater than six (6) feet, the required front yard depth for the district shall be disregarded in the block and instead the front yard required on each lot in the block shall be of a depth not less than the average depth of the front yards on the lots on which are located such existing buildings, to a maximum of fifty (50) feet. The same rule shall apply in any other Residential District but only in case the average depth affront yards on the lots on which are located such existing buildings is less than the depth of front yards otherwise required by this Ordinance. Section 120-040: Erection of More than One Principal Structure on Lot. In any district, more than one structure housing a conforming principal use may be erected on a single lot if yard and other requirements of this ordinance are met for each structure as though it were on an individual lot. Required on-site parking space shall be provided on the same lot as the principal building or use, except that combined or joint parking facilities may be provided for two (2) or more buildings or uses in 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 four hundred (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. Page 37 of65 Division 125: Parkina and Storaae of Certain Vehicles No motor vehicle or trailer without current license plates shall be parked or stored on any property in a Residential District other than in a completely enclosed building or without a Special Use Permit. No vehicle may be parked on a grass surface in the front yard. It is unlawful for any person to park, store or leave any abandoned motor vehicle upon any public or private property within the City, or for any property owner or occupant to permit the parking, storing or leaving of any abandoned vehicle upon such private property, unless such vehicle is within an enclosed building or structure. Division 130: Performance Standards Every use permitted by this ordinance 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 ordinance to provide such tests or investigations by an independent testing organization satisfactory to the Council as are necessary to show compliance with these standards. The cost of such investigation and tests shall be shared equally by the owner or operator and the City unless the results disclose non-compliance with these standards; in that event, the entire cost shall be borne by the owner or operator. This provision does not preclude the City from making any investigations and tests it finds appropriate to determine compliance with these standards. Division 135: On-Site Sewaae Treatment Standards The installation and repair of individual on-site sewer systems shall be in compliance with Minnesota Pollution Control Agency Rules, Chapter 7080. A. Permit Required: No person shall install, repair, alter or pump an on- site sewer system without first obtaining a permit. Applications provided by the City must be completed in writing prior to issuance of a permit. Permit fees are established by resolution of the City Council. B. License Required: Installation, repair, pumping and hauling of private on-site sewer systems requires licensing per MPCA Rules, Chapter 7080. Section 135-010: Required Conditions. A. Soil percolation tests must be completed by a competent, independent tester and must be favorable for the operation of an on-site sewer system before a permit will be issued. Page 38 of65 B. Soil percolation tests and scaled site location plans must be submitted for both primary and secondary (backup) treatment systems with the initial application. C. Installations, alteration, repairs and maintenance shall be performed in accordance with the latest Chapter 7080 Standards published by the Minnesota Pollution Control Agency. D. No private on-site sewer system shall be permitted on any site less than one (1) acre, subject to all conditions or exceptions noted in this Ordinance. Division 140: Nuisance Standards Section 140-010: Odors and Emissions. Odors and emissions from any use shall not exceed the regulations set forth by Minnesota Pollution Control Agency Rules. Section 140-020: Dust and Particulate. Dust and particulate matter from any use shall be in compliance with and regulated by Minnesota Pollution Control Agency Rules. Section 140-030: Noise and Vibrations. Noise and vibrations generated from any use shall be in compliance with and regulated by Minnesota Pollution Control Agency Rules. Section 140-040: Glare. Direct or reflected glare, such as from flood-lights, spotlights, or high temperature processes, and as differentiated from general illumination, shall not be visible beyond the site of origin at any property line. Any lights used for exterior illumination shall be directed away from adjacent properties. Section 140-050: Waste. All waste generated from any use shall be managed in compliance with and regulated by Minnesota Pollution Control Agency Rules. Waste generated on any premises shall be kept in containers designed for waste collection and stored in a structure or within an approved enclosed or screened area. The accumulation, storage, processing or disposal of waste, compost or recyclable materials on any premises, which is not generated on that premises, is prohibited, except as specifically provided in this Ordinance. Section 140-060: 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.1 on that chart may be emitted except that smoke not darker or more opaque than NO.3 on the chart may be emitted for a period not longer than four minutes in any thirty minutes. These provisions applicable to visible gray smoke of a different color but with an equivalent capacity. Section 140-070: Fumes or Gases. Fumes or gases shall not be emitted at any point in concentrations that are noxious, toxic, or corrosive. The values give in Table I (Industrial Page 39 of 65 Hygiene Standards - Maximum Allowable Concentration for eight (8) hour day, five (5) days per week}, Table III (Odor Thresholds), Table IV (Concentrations of Substances Causing Pain in the Eyes), and Table V (Exposure to Substances Causing Damage to Vegetation) in the latest revision of Chapter 5 "Physiological Effects" that contains such tables, in the "Air Pollution Abatement Manual" published by the Manufacturing Chemists' Association, Inc., Washington, D.C., are hereby established as guides for the determination of permissible concentration and amounts. The City may require detailed plans for the elimination of fumes or gases before the issuance of a Building Permit. Section 140-080: 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 such safety devices as are normally used in the handling of such materials. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved. Section 140-090: Air Pollution. Every activity shall conform to state regulations relating to air quality standards and air pollution control. Section 140-100: Radioactivity or Electrical Disturbance. No activity shall emit dangerous radioactivity at any point or any electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance. Section 140-110: Explosives. Any activity or operation requiring the use, storage or manufacturing of explosives shall be located no closer than five hundred (500) feet from any residence, provided further that the location of said activity or operation is such that damage from explosion, including flying debris, vibration or smoke, is limited to the site on which the activity or operation is permitted. Section 140-120: Burning. No person shall start or allow any open burning on any property in the City without first having obtained an Open Burn Permit. Any person setting a fire or burning anything in the City shall do so following City Fire Department, Department of Natural Resources and Minnesota Pollution Control Agency Rules. Recreational fires three (3) feet x three (3) feet are allowed. Recreational fires must be actively attended by a responsible adult. When the fire is abandoned it must be completely extinguished. Section 140-130: 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 State Building Code. Section 140-140: Outside Storage. All products, materials and equipment, except as specifically provided in this Ordinance, shall be stored within permitted structures, except for the following: Page 40 of 6S 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. A maximum of three (3) licensed and operational motor vehicles per residential dwelling unit, parked on the permitted driveway area. . C. A maximum of two (2) of the following units may be stored outside of a structure for more than forty-eight (48) hours on any residential parcel, provided they are stored on the permitted driveway area or are in a side or rear yard. 1. Boat 2. Camper 3. Motor home 4. Snowmobile's (maximum of four (4) on one (1) trailer) 5. Personal watercraft (maximum of two (2) on one (1) trailer) 6. Trailer 7. Ice House 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. 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 this Section, surfacing required for the storage area and the screening required. Outside display of vehicles, equipment and merchandise for direct sale to consumers when such outside display is customary and necessary to the trade and is a permitted use within the zoning district. The Site Plan Review process is required to determine the appropriateness of the storage or display proposed, surfacing required for the display area and any additional landscaping or screening which may be required. Page 41 of65 Division 145: Surface Water Manaaement Stormwater shall be managed in accordance with the City's Surface Water Management Plan, National Urban Runoff Program (NURP) standards for the design of new stormwater ponds and the Minnesota Pollution Control Agency's, Urban Best Management Practices, titled "Protectina Water Qualitv in Urban Areas", These standard shall be applied to the review of any proposed development occurring to reduce non-point source pollutant loadings in stormwater runoff. . Existing natural drainageways , natural water storage or retention areas, and vegetated soil surfaces should be used to the greatest extent possible to store, filter and retain stormwater runoff before discharge occurs into any public waters. When natural features and vegetation are not available to handle stormwater runoff, constructed facilities such as diversions, settling basins, skimming devices, dikes, and manmade waterways and ponds may be used. Preference shall be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. Development should be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Division 150: Wetland Protection and Manaaement In accordance with the Wetlands Conservation Act of 1991, the following regulations shall apply to wetland areas: A. Permanent natural buffer areas and appropriate erosion control measures be taken surrounding wetland areas to prevent sedimentation of the wetland. B. Wetlands may not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public value. Wetland encroachment must be guided by the following principles in descending order: 1. Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; and 2. Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation; and 3. Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment; and Page 42 of65 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and 5. Replacing or providing substitute wetland resources or environments. Division 155: Woodland Preservation In residential areas, structures shall be located in such 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 non-agricultural 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. Division 160: Erosion and Sedimentation Control No land occupant or developer in the City shall cause or conduct any land disturbing activity which causes excessive erosion or sedimentation, or which results in damage to water or soil resources. All development in the City shall conform to the natural limitations presented by the topography and soil types in order to minimize soil erosion and sedimentation. Erosion and sedimentation controls shall be consistent with the MPCA's, "Best Management Practice". Land disturbing activities shall occur in increments of workable size such that adequate erosion and sediment controls can be provided throughout all phases of the development. The smallest practical area of land shall be exposed or otherwise disturbed at anyone period of time. Areas where natural vegetative barriers are not enough to contain erosion and sedimentation from penetrating water bodies, wetlands, water courses or neighboring properties shall be staked with silt fences and straw bales. Division 165: LandscapinQ Section 165-010: Minimum Quantities. All new development activities, including site modifications or use intensifications, shall be subject to landscaping improvements. The following table illustrates guidelines within each zoning district: Page 43 of65 District Overstorv Trees Foundation Plantinas4 R-1 2 trees/uniUstreet frontaQe 1 none R-2, 4 & 5 2 trees/unit/open space exposure2 1/10 ft. building & parking area R-2A 8 trees plus 2 trees/unie 1/10 ft. building & parking area B-1 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking area C-2 8 trees or 1/3000 sq. ft. site areas 1/10 ft. building & parking area M-1 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking area 1-1 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking area P-1 8 trees or 1/3000 sq. ft. site areas 1/10 ft. building & parking area 1 Trees shall be deciduous and planted at the boulevard, except on cul-de-sacs where one of the required trees may be planted off the boulevard but in the front yard area. 2 Trees shall be deciduous. Unit exposures with street frontage shall be planted at the boulevard. 3 Tree spacing must include trees at the boulevard at minimum fifty (50) foot intervals. 4 The calculation for the number of foundation plantings is based upon one (1) planting for each lineal foot of building perimeter and parking lot perimeter. Plantings may be grouped rather than dispersed at ten (10) foot intervals. 5 The required number of trees is based upon a minimum of eight (8) trees or one (1) tree per three thousand (3000) square feet of site area, whichever is greater. Tree spacing must include trees at the boulevard at minimum fifty (50) foot intervals. Section 165-020: Minimum Standards. A. Overstorv Trees: 1. Deciduous Trees: Two and one half (21/2) inch caliper planting size, balled and burlapped. 2. Coniferous Trees: Six (6) feet in height planting size, balled and burlapped. Page 44 of 65 B. Foundation Plantinas: Coniferous and deciduous shrubs shall be planted at a minimum of one-third the mature spread and height of typical growth habits. C. Boulevard Trees: All boulevard trees shall be hardwood shade trees or flowering trees. D. Overstorv Mix: When multiple quantities of overstory trees are required, at least seventy-five percent (75%) of the trees required shall be deciduous trees. E. 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. F. Diversification: In any development in which at least eight (8) overstory trees or foundation plantings are required, at least three (3) varieties of boulevard trees are required on each side of the block. G. Warrantv: All required landscape materials shall be warranted for growth for a minimum of two (2) years after planting. Division 170: Off-Street Parkina When a building is enlarged, off-street parking shall be required only with respect to the additional usable floor area. Parking spaces may be located on a lot other than that containing the principal use with the approval of the City Council. Section 170-010: Change in Facilities. An off-street parking area shall not be changed to any other use until equal facilities are provided elsewhere. No parking area used or designated in connection with a building in existence on the effective date of this ordinance shall be reduced to provide fewer than the minimum number of parking spaces required under this Ordinance. Section 170-020: Off-Street Parking and Loading Zones. No building shall be hereafter erected, substantially altered, or its use changed unless off-street parking and loading spaces have been provided in accordance with the provisions of this ordinance. The number of off-street parking spaces provided shall be at least the minimum number provided in the schedule contained in this Section. Section 170-030: Off-Street Loading. A loading space shall have minimum dimensions of not less than twelve (12) feet in width, fifty (50) feet in length, exclusive of driveways, aisles, and other circulation area. One (1) off-street loading space shall be provided and Page 45 of 65 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 ten thousand (10,000) square feet. One loading space shall be provided for each additional twenty-five thousand (25,000) square feet or fraction thereof. No off-street loading space shall be located in any yard adjoining any residential use. Required off-street loading space shall not be included as off-street parking space in computing required off-street parking space. Vehicles utilizing such loading space shall not project into the public right-of-way. Section 170-040: Fractional Space. When an application of the standards of this Ordinance with respect to number of off-street parking spaces results in the need to provide a fraction of one (1) space, any fraction of one-half (1/2) or less shall be disregarded and any other fraction shall be construed as one (1). Section 170-050: Uses Not Mentioned. For any use not specifically mentioned in the schedule of off-street parking and loading requirements, the number of spaces required shall be that required for that use named in the schedule which is determined by the Planning Commission to be most similar. Section 170-060: Spaces For Five or more Automobiles. Parking areas consisting of five or more off-street parking spaces shall have individual spaces so marked and shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley and so that any vehicle may be parked and unparked without moving another. Section 170-070: Improvement and Maintenance. Required parking and loading spaces, together with driveways, aisles, and other circulation areas, shall be improved in such a way as to provide a durable and dust-free surface. All parking and loading areas shall provide for proper drainage of surface water to prevent the drainage of such 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. Section 170-080: Access. All off-street parking areas shall have access from driveways rather than from public streets, said driveway access shall be limited to twenty-four (24) feet in width at the public street line. Division 175: Buildina Numbers Section 175-010: Numbers Required. It shall be the duty of the owner, leaser, or occupant of every house, industrial, commercial or other building to have proper house or building numbers either by affixing to said building such numbers in metal, glass, plastic or other durable material. The numbers shall not be less than six (6) inches in height, in a contrasting color to the base, and so placed to be easily seen from the street. Section 175-020: Alternative Display. In those cases where the principal building is Page 46 of 65 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. Division 180: SDortina. Athletic. and Music Events Sporting, athletic, and music concert events, as defined herein, shall be permitted by Special Use Permit in the Residential Districts of the City of Centerville, subject to the following requirements: A. Sporting, athletic, or music events shall be defined as the conducting of such events by individuals, non-profit or profit organizations, partnerships or corporations wherein participants and/or patrons are charged an entry fee for the right to participate in such event and/or compete for monetary or merchandise prizes. Such events shall include, but not be limited to, softball, football, volleyball, broomball, ice or field hockey, tennis, basketball tournaments, or outdoor music concerts; and B. Such activities shall be considered a Special Use within all Residential Districts of the City and shall require a permit therefore. The City shall have the right to make provisions in such permit for insuring public health and sanitation, traffic regulation, noise and litter control and regulation on the number of events that may be conducted on a specific site. Division 185: Planned Unit DeveloDments (PUDs) Section 185-010: Objectives. To help encourage a more creative approach to the use of land, departures from the Centerville Zoning Ordinance may be granted by the City Council in the form of Planned Unit Development Districts to achieve: Subd. 1: 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; and Subd. 2: 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; and Subd. 3: A development pattern which preserves and utilizes natural features, trees and other vegetation, and Page 47 of 65 Subd. 4; Subd. 5: prevents the disruption of natural drainage patterns; and A more efficient use of land and a resulting substantial savings through shorter utilities and streets; and A development pattern in harmony with land use density; transportation facilities, and community facilities objectives of the comprehensive plan. Section 185-020: General Requirements. A special use permit shall be required of all Planned Unit Developments. The City may approve the PUD only if it finds the development satisfies all the following standards: Subd. 1: Subd. 2: Subd. 3: Subd. 4: Subd. 5: Subd. 6: Subd. 7: The development shall be planned so that it is consistent with the Centerville Comprehensive Plan. 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. The planned unit development proposal appears to harmonize with both existing and proposed development in the area surrounding the project site. 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. 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. 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. The proposed total development is designed in such a Page 48 of 65 manner as to form a desirable and unified environment within its own boundaries. Subd. 8: The plans required under this Section must be submitted in a form which will satisfy the requirements of Ordinance #8 for the preliminary and final plans. Subd.9: 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. Subd.10: Subdivision review under the Subdivision Ordinance shall be carried out simultaneously with the review of a PUD under this section of the Zoning Ordinance. Section 185-030: Uses Permitted. Permitted uses may include any combination of dwelling units in single-family, two-family, town or row houses; any non-residential use to the extent such non-residential 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 (10%) of the tract to commercial uses. Section 185-040: Relationship of PUD Site to Adjacent Areas. The design of a PUD shall take into account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be so designed as to minimize undesirable impact of the PUD on adjacent properties, and conversely, to minimize undesirable impact of adjacent land use and development characteristics on the PUD. Section 185-050: Minimum Size. A PUD shall consist of at least ten (10) acres. Section 185-060: Minimum Lot Size. The minimum lot size requirements of other sections of this Ordinance 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. Section 185-070: Setback and Side Yard Requirements. Notwithstanding other provisions of this article, 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 ordinance on separate parcels. Section 185-080: 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 Page 49 of 65 arterial, or neighborhood collector street. Section 185-090: 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 excepted from this requirement if the City finds that such exception will be consistent with the objectives of this article and the character of the proposed PUD. Section 185.100: Open Space. A minimum of twenty percent (20%) 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. Such 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 such size, shape, character, and locations as to be usable for its proposed purpose. Section 185-110: 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. Section 185.120: 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 such other features and facilities as may be necessary to make the areas attractive and efficient from the standpoint of adjacent non-commercial 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. Section 185-130: 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. Section 185-140: Procedure. Pre-Application Meeting. Before submitting a formal application for a PUD under 55.03, the developer shall meet with the Planning and Zoning Commission. The purpose of this Page 50 of 65 meeting is to discuss early and informally the purpose and effect of this Ordinance and the criteria and standards contained in this Ordinance 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. Section 185-150: Application. 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 such plans in an amount affixed by resolution of the City Council. The application with accompanying Outline Development Plan shall be submitted in twelve (12) copies and shall include: A. A vicinity map at a scale of one (1) inch equals two hundred fifty (250) feet showing property lines, existing streets, existing zoning, and such 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. B. A preliminary plan of the PUD in schematic form showing the following: 1. The existing topographic character of the land; and 2. A composite of all natural amenities of the site including steep slopes, drainage ways plus marshes, ponds and lakes; and 3. The size of site and proposed uses of the land to be developed together with an identification of off-site land use; and 4. The density of land use to be allocated to the several parts of the development; and 5. The approximate location of thoroughfares; and 6. The location of common open space including public schools, parks and playgrounds or private natural preserves; and 7. The off-street parking system. Page 51 of65 C. A written statement including the following: 1. A statement of the ownership of all land involved in the PUD together with a summary of previous work experience; and 2. An explanation of the general character of the planned development; and 3. A statement describing the ultimate ownership and maintenance of all parts of the development including streets, structures and open spaces; and 4. A statement describing how all necessary governmental services will be provided to the development; and 5. The total anticipated population to occupy the PUD, with breakdowns indicating the number of school age children, adults and families. D. The proposed schedule for the development of the site: E. 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 Section 51. Section 185-160: Actions. Subd. 1 By Commission. Within sixty (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 the ordinance. Following such hearing and within sixty (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 such 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 Section 51 and with the Comprehensive Land Use Plan of the City; and Page 52 of 65 whether the benefits, combination of various land uses, if proposed, and the inter-relationship with the land uses in the surrounding area justify the deviation from standard district regulations allowed by this ordinance for PUDs. Subd 2. By Council. Upon receipt of the recommendations of the Planning and Zoning Commission, the Council shall consider the application and, after holding such public hearing as it deems desirable, shall approve or disapprove the application with such changes or conditions, it 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 land owner to notify the City Council of his acceptance or refusal of the modification to the plan constitute acceptance of these conditions. No Building Permits may be issued on land within the PUD until final plans for the development have been approved by the City Council under the procedures provided in the following sections. Section 185-170: 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 of Centerville, Clerk/Administrator and the applicant within thirty (30) days of the City Council approval of the PUD application and final plat. Where the PUD application and/or final plat is to be resubmitted or denied approval, the City Council action shall be by written report setting forth the reasons for its actions. Section 185-180: Final Review and Approval. An application for review and approval of the final development plan shall be filed by the applicant with the Planning and Zoning Commission within six months of the date on which approval of the preliminary plan was given by the Council. If application for final approval is not made within the time required, the proposal shall be considered abandoned unless an extension period is requested and granted by the City Council. Section 185-190: Documentation Required. The final application shall be accompanied by the following supporting documentation: A. A final plan of the PUD in schematic form including the following: 1. The street system, lot layout and off street parking and loading plan; and 2. The use, height, bulk and approximate location of buildings and other structures; and Page 53 of 65 3. Land areas to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings, and similar public and semi-public uses; and 4. A site plan for each building site and common open area, showing approximate location of buildings, structures and improvements; and 5. Generalized elevations and perspectives of all structures; and 6. A site grading plan indicating the direction offlow of surface drainage and all easements necessary for both ponding and runoff; and 7. Plans, profiles, and specifications for the distribution of water, collection of sanitary waste and storm water; and 8. A landscape plan indicating the location, size and type of plant materials to be used; and 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; and 2. Agreements, provisions or covenants which govern the use, maintenance and continued protection of the development and any of its common open areas; and 3. Other conditions specifically required by the Commission and the Council for the particular PUD. Page 54 of 65 Section 185-200: Action On Final Application. Procedure for action by the Planning and Zoning Commission and the Council on an application for review and approval of the final plan for a PUD shall be the same as prescribed by this article 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 be completed, and it may attach such other conditions as seem necessary. The final development plan shall be i.n general conformance with the preliminary development plan as approved. A. Criteria for Approval. The findings necessary for approval of both the preliminary and final development plans shall be based on the following and describe in what respect the plan would orwould not be in the public interest. 1. The plan does not conflict with the Centerville Comprehensive Plan. 2. The plan is designed to form a desirable and unified development within its own boundaries. 3. The proposed uses will not be detrimental to present and future land use in the surrounding area. 4. Any exceptions to the standard requirements of the Zoning and Subdivision Ordinances are justified by the design of the development. 5. 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. B. Non-Compliance. In the event the plan as submitted for final approval is not in substantial compliance with the preliminary development plan, the Planning and Zoning Commission shall notify the applicant within forty-five (45) days of the date of application, setting forth the ways in which the plan is not in substantial compliance. 1. The applicant may treat such notification as denial of preliminary approval; or 2. The applicant may re-file his plan so that it does substantially comply with the outline development plan; or Page 55 of65 3. The applicant may file a written request with the Planning and Zoning Commission that it hold a public hearing on his request for final approval. Any such hearing shall be held within thirty (30) days after the request for such hearing. Within forty-five (45) days of such hearing the Planning and Zoning Commission shall either grant or deny preliminary approval to the plan. C. Final Approval. The City Council shall review and approve the Final Development Plan if it is in substantial compliance with Preliminary Development Plan. Following this, the applicant shall record the Final Development Plan in the manner provided for recording subdivision plats. If the Final Development Plan is not in substantial compliance, the applicant shall be requested to repeat the procedures outlined for the Preliminary Development Plan. Section 185-210: Time Limit. If work on the PUD is not started within three months of the proposed schedule date after final approval has been granted, approval shall terminate unless an extension period is requested or granted by the City Council. Section 185-220: Annual Review. The Planning and Zoning Commission shall review all PUD Districts within the City at least once each year and shall make a report to the City Council on the status of the development in each of the PUD Districts. If the City Council finds that development has not occurred within a reasonable time after the original approval, the City Council may instruct the Planning and Zoning Commission to initiate rezoning to the original Zoning District by removing the PUD District from the Official Zoning Map. Section 185-230: Amendments. Amendments may be made in the approved final plan when they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the Development Policy of the City. A. Minor changes in the location, sitting, and height of buildings and structures may be authorized by the City Engineer if requested by engineering or other unforeseen circumstances. B. All other changes in use, rearrangement of lots, blocks, and open space, must be authorized by the City Council under procedures outlined for amendment of the Zoning Ordinance. Section 185.240: Completion. Completion of the PUD shall be certified by the Planning and Zoning Commission on the Final Development Plan. Thereafter, the use of land and the construction, modification, or alteration of any buildings shall be governed by the Page 56 of 65 approved Final Development Plan. Changes may be authorized only under the procedures provided below: A. Minor extension, 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 ten (10) percent; and B. 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. Section 185-250: Site Improvements. At any time following the approval of a Development Stage Plan by the City Council, 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. Section 185-260: 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 (6) months following the approval of the Final 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. If he/she shall find that the rate of construction of dwelling units is greater then the rate at which common open spaces and public and recreational facilities have been constructed and provided, he shall forward this information to the City Council, which may revoke the PUD Permit. Section 185-270: Maintenance of Common Open Space. All land shown on the Final Development Plan as common open space must be conveyed to 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. Section 185-280: Homeowners Association. If a homeowners association is created, the applicant shall submit plans at the time of final plan of development and documents which explain: A. Ownership and membership requirements; and B. Articles of incorporation and bylaws; and Page 57 of 65 l C. Time at which the developer turns the association over to the homeowners; and D. Approximate monthly or yearly association fee for homeowners; and E. Specific listing of items owned in common including such items. as roads, recreation facilities, parking common open space ground, and utilities. Division 190: Variances Standards The Planning Commission shall recommend a Variance and the Council shall order the issuance of such Variance only if it conforms to the following standards: A. 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; and B. Literal interpretation of the provisions of this Ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance; and C. Granting the Variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district; and D. 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 E. Any person filing a petition requesting a variance or an amendment of the Zoning Ordinance 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. Section 190-010: 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 decide requests for the following: A. Interpretation: Hearing appeals where it is alleged that there is an error in a decision or judgment made by an Administrative Officer in Page 58 of65 the interpretation or enforcement of this Ordinance or in the interpretation of Zoning District boundaries. B. Variances: Grant Variances from literal ordinance requirements in instances where strict enforcement would cause undue hardship because of circumstances unique to the individual property under construction. Section 190-020: Variance Procedures A. 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. B. The Board of Appeals and Adjustments may require the applicant to provide ten (10) copies of plans, maps, surveys, etc., as deemed necessary, to ensure proper review and consideration of variance petitions. C. After filing an application, the City Clerk shall set a date for a public hearing. Notice of the hearing shall be posted and published at least ten (10) days prior to the date of the hearing, and notice shall be mailed to each property owner within three hundred fifty (350) feet of the property to which the Variance relates. Defects in the notice or failure to notify individual property owners shall not validate the proceedings, provided a good faith effort was made to comply with these provisions. D. Upon the hearing request, the Board of Appeals and Adjustments shall either approve or deny the Variance and shall state the reasons for said action. Conditions for approval may be attached to any Variance granted. E. Upon receipt of the recommendations ofthe 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 ordinance 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 Ordinance. The Board of Appeals and City Council must find true the following, in the granting of a Variance from this Ordinance: 1. Granting a Variance will not adversely affect the public health, welfare and safety Page 59 of 65 and will not be detrimental or injurious to property or improvements in the neighborhood. 2. Strict interpretation or enforcement would result in a practical difficulty or unnecessary hardship that is not self created, that is inconsistent with the intent ofthis Ordinance and the Comprehensive Plan. 3. There are exceptional or extraordinary circumstances or conditions applicable to the property, use or facilities that do not apply generally to other properties in the same district. 4. Strict or literal interpretation would deprive the applicant ofthe use and enjoyment of his property in a manner similar to others in the same district. 5. Granting of the variance will not allow a use which is otherwise not a permitted use in the Zoning District in question. F. A Variance granted but not used shall become void one (1) year after its effective date. G. No application for the same or essentially the same Variance shall be made within six (6) months of the date of denial. Section 190-030: Variance Appeal Procedures. A. Within thirty (30) days of the action of the Board of Appeals and Adjustments, the applicant or an affected property owner may file an appeal to the City Council to the decision of the Board of Appeals and Adjustments. The City Council shall set a date for a public hearing, within forty-five (45) days of receipt of the appeal, to consider granting or denying the variance request. B. The City Council shall have the power and duty of hearing and deciding appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the administrative officer, enforcement officer, or by the Planning and Zoning Commission in the administration or enforcement of this Ordinance. Page 60 of 65 C. Procedure. An appeal for Administrative Review may be taken to the Council by any person, firm or corporation or any city officer, department, or agency affected by an adverse decision in the administration or enforcement of this Ordinance. Such an appeal shall be taken by filing a Notice of Appeal specifying the grounds thereof with the Zoning Administrator, and the Council within thirty (30) days after the decision. Ifthe Appeal is not taken by the owner of the property which is the subject matter of the decision appealed from, the Notice shall not be so filed until after it has been served upon such owner either in person or by mail. The Zoning Administrator shall forthwith transmit to the Council all papers constituting the record upon which the action appealed from was taken. An Appeal for an Administrative Review or a Variance stays all proceedings, including criminal proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Council that by reason offacts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In that case the proceedings shall not be stayed otherwise than by a restraining order granted by a court of competent jurisdiction. The Council shall at its next regular meeting after the filing of an Appeal to it from a decision of the board set a date for hearing thereon, which shall be not later than sixty (60) days after the meeting. After hearing the oral or written views of all interested persons, the Council shall make its decision at the same meeting or at a specified future meeting thereof. The decision of the council may be appealed to the County District Court. Division 195: Interim Uses Section 195-010: Purpose. In addition to the purposes stated in Section 2 of this Ordinance, it is intended that the Interim Use Permit procedures allow flexibility in the use of land or structures in the City, when such uses are not permanent and when such uses meet appropriate conditions and performance standards that protect the public health, safety and welfare. Section 195-020: Application, Public Hearing, and Procedure. The application, public hearing, notice and procedure requirements for Interim Use Permits shall be the same as those for Amendments, as provided in Section 7.03 ofthis Ordinance. If a proposed interim use is not listed as a permitted interim use in this Ordinance, a text amendment to this Ordinance will be required before an Interim Use Permit may be considered. Section 195-030: Termination. All Interim Use Permits shall terminate on the happening of any of the following events, whichever first occurs: A. The date stated in the permit. Page 61 of65 l _ B. Upon violation of the condition under which the permit was issued. C. Upon change in the City's zoning regulations that renders the use non-conforming. Section 195-040: Standards. The Interim Use must be allowed in the Zoning District where the property is located. The Interim Use must meet or exceed the performance standards set forth in this Ordinance and other applicable City Ordinances. The interim use must comply with the specific standards for the use identified in this Ordinance, and must comply with all conditions of approval, which shall be included in an interim use permit agreement. Section 195-050: Conditions. The City may attach conditions to approval of a permit to mitigate anticipated adverse impacts associated with the use, to ensure compliance with the standards of approval, to protect the value of other property, and to achieve the goals and objectives of the Comprehensive Plan. Division 200: Amendments A. Amendments to this ordinance may be initiated by the Planning and Zoning Commission, City Councilor by a petition of a landowner or other interested party. B. Applications provided by the City must be completed, in writing, prior to any consideration for an Amendment. Fees for zoning Amendments are established by resolution of the City Council. C. The City may require the applicant to provide plans, maps, surveys, etc., to ensure proper review and consideration of any proposed Amendment to the written provisions of this ordinance or Zoning District Boundaries. D. After the filing of an application, or initiation by the City Council, the City Clerk shall set a date for a public hearing. Notice of the hearing shall be posted and published at least ten (10) days prior to the date of the hearing, and notice shall be mailed to each property owner within three hundred fifty (350) feet of the proposed Zoning District Boundary amendments. E. Upon hearing the request, the Planning and Zoning Commission shall recommend either approval or denial the proposed amendment and shall state the reasons of said action. F. Within thirty (30) days of the recommendation of the Planning and Page 62 of 65 L Zoning Commission, the City Council shall consider the recommendation of the Planning and Zoning Commission and shall approve, deny or modify the request to amend this Ordinance. Division 205: Special Use Permits Section 205-010: Procedure. A Special Use Permit may be issued in accord.ance with this Section for any use or purpose for which such permits are required or permitted by this ordinance. Application for a special use permit shall be made by the owner to the Planning Commission on a form prescribed by the Commission and accompanied by such other information as required by rules of the Commission. The Planning Commission may hold such hearings on the proposal to issue a special use permit as it considers necessary and it shall thereafter make such recommendations on the proposal to the Council as it deems advisable. Upon receipt of such recommendations, the Council shall hold whatever hearings it deems advisable and shall make its decision upon the proposal to grant a special use permit. Section 205-020: Standards. The Planning Commission shall recommend a Special Use Permit and the Council shall order the issuance of such permit only if it finds that such use at the proposed location will be consistent with the general and applicable specific objectives of the comprehensive plan and this Ordinance, will be harmonious and appropriate in the area, will not be hazardous or disturbing to neighboring uses, will not result in traffic congestion, and will not create excessive additional public expense. Section 205-030: Denial for Non-Compliance. If the Planning and Zoning Commission recommends denial of a Special Use Permit or the Council orders such denial, it shall include in its recommendations or determination findings as to the ways in which the proposed use does not comply with the standards required by this Ordinance. Section 205-040: Conditions. In recommending or approving any Special Use Permit, the Planning and Zoning Commission and the Council may impose conditions which it considers necessary to meet the standards of this Ordinance and to protect the best interests of the surrounding area or the city as a whole. Violation of any such condition is a violation of this Ordinance. Section 205-050: Expiration. If substantial construction has not taken place within twelve (12) months after the date of a Special Use Permit, the permit is void except that on application, the Council, after receiving the recommendation of the Planning and Zoning Commission, may extend the permit for an additional period not to exceed six (6) months. A Special Sse Permit authorizes only the Conditional Use specified in the permit and expires if, for any reason, the authorized use ceases for more than twelve (12) months. Section 205-060: Fees. Any person requesting a Special Use Permit shall pay a fee according to the Schedule established by resolution of the City Council. The fee is payable at the time of filing the application and is not refundable. Page 63 of 65 Division 210: Enforcement and Violations The Zoning Administrator is directed by the City Council to enforce the provisions of this Ordinance and maintain all necessary records pertaining to this Ordinance including but not limited to Amendments, Variances, Complaints and Violations. Any person who violates or fails to comply with the provisions of this Ordinance shall be guilty of a misdem~anor and upon conviction may be punished to the maximum extent allowed by law. Each day a violation exists constitutes a separate offense. Section 210-010: Responsibility of City Clerk. Issue building permits and collect the fees as established by resolution of the City Council. A. Maintain permanent and current records pertaining to this Ordinance, including but not limited to; Maps, Amendments, Special Uses, Variances, Appeals, PUDs, and applications therefore. B. Receive, file, and forward applications for Appeals, Variances, Special Use Permits, or other action to the appropriate official bodies. C. Provide clerical assistance to the Board. Section 210-020: Responsibility of the Building Inspector. The Building Inspector shall be given the authority and responsibility to enforce all of the provisions of this ordinance and shall: A. Enforce the requirements of this Ordinance for Building and Occupancy Permits and issue or deny each application in accordance with the provisions of this Ordinance. B. Conduct inspections of buildings and the use of land to determine compliance with the terms of this Ordinance. C. Make recommendations to the Council on the institution of appropriate actions or proceedings for enforcement of this Ordinance on Amendments, and on any other matters relating to the enforcement of this Ordinance. D. Enforcement Remedies. In case any building, structure, or land is, or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this Ordinance, the City Council, in addition to other remedies, may institute in the name of Centerville any appropriate action or proceedings to prevent, restrain, correct or abate such building structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a Page 64 of 65 violation. Division 215: Fees and Licensing Fees and licensing provisions, affecting the administration and enforcement of this Ordinance, shall be established by resolution of the City Council. The City does require payment for its legal, planning and engineering expenses, resulting from thereview 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. Division 220: Effective Date The effective date of this Ordinance shall be after its passage and publication according to law. Adopted by the Centerville City Council this of , 2000. , day Mayor Tom Wilharber City Clerk Published in the Quad Community Press on Page 65 of 65 Page I of2 Jim March To: Wayne LeBlanc; Tom Peterson; Theresa Brenner; Ray Devine; Patricia Scott; Michelle Moser; Mary Capra; Lori Darn; John McLean; Jim Hoeft; Hanna Tilsen; Elizabeth Scheller; Doug Porter; Dave Kilian; City Council; Brian Hanson; Aimee Fairbrother Subject: Week in Review Week in Review April 27, 2000 Building Permits this Period = 5 Building Permits YTD = 53 New Homes Year to Date = 20 ************************************************************************************************ This week in Genterville history... . This edition of the Week in Review is a day early, because I will be out of the office tomorrow. The Apple Academy is closed for staff training, so I will be operating in the role of primary parent tomorrow. . The workers compensation audit was completed on Monday of this week. . I spoke to Brent Coatney owner of Terminal Transport yesterday. Mr. Coatney is interested in discussing the purchase of the Cedar Street Park property. This will be a future agenda item for committees and Council. . I spoke to Greg Owens (President of the County Bank) yesterday. Greg has confirmed that they want to break ground as soon as possible for their Centerville branch facility. They are currentiy in the process of hiring staff. They expect to have a bank manager hired in May. The architect is working on the building plans. I received a call from their civil engineer yesterday. They are working on the drainage and grading plans for the site. Greg reaffirmed that they are very excited and look forward to having the city monument sign on the bank property. They can not wait to become a part of our business community. . Street sweeping is complete. Hydrant flushing is scheduled for next week. . I spoke to Jim Luger (Washington County Parks Director) yesterday. Mr. Luger indicated that Washington County is in full support of the Northeast trail vision that was outlined in Wayne LeBlanc's letter on behalf of Park and Rec. Mr. Luger told me that Washington County was{eSPOnSible for paving the trail from Hugo to Forest Lake on the abandoned railroad righ of way. I asked Mr. Luger what we would need to do to ensure that a trail (on;;Jonent would be included in the plans for the reconstruction of CSAH 8 from 1-35E to Highway 61. Mr. Luger said he has had conversations with the Washington County Highway Engineer and that he has responded that a trail component could be included in the reconstruction plans. We will have to make sure this becomes a reality. Mr. Luger wcuJd like to see the trail continue over 135E through Lino and Centerville and then into the 4/2 i.'( .,j Regional Park. It appears that everyone is on the same page. It will be a matter of time and money before the vision becomes reality. . I met with Sue Nelson (Hugo Postmaster) this week. I asked Ms. Nelson what the long- range plans were for the Hugo Post Office. She indicated that the current post office is a leased facility. The building is privately owned. The building was designed to serve Hugo, Centerville and Lino Lakes for the long-term. It may be possible for Centerville to receive our own zip code as the community grows. The Hugo Post Office may need to relocate if light rail becomes a reality along Highway 61. The light rail would occupy the abandoned rail right-of-way that has recently been paved. It does not appear that light rail is'.Iikely in the near future, but there was discussion this morning on the news that the federal government had endorsed light rail for MN giving some credibility for Gov. Ventura's efforts towards this venture. . Today is take your child to work day. We are fortunate to have several helpers in the City today. We have saved up several projects designed for the youth. . There is a pot-luck luncheon at City Hall tomorrow. The pot-luck is to wish farewell to Aimee Fairbrother and to welcome Laura Thompson to the staff. Everyone is welcome to attend. . Enjoy your weekend! Ii, I -l ~7 no J'<.1~\..' I Uj _ Jim March To: Wayne LeBlanc; Tom Peterson; Theresa Brenner; Ray Devine; p~tricia Scott; Michelle Moser; Mary Capra; Lori Dam; John McLean; Jim Hoeft; Hanna Tllsen; ElIZabeth Scheller; Doug Porter; Dave Kilian; City Council; Brian Hanson Subject: Week in Review Week in Review Apri121,2000 Building Permits this Period Building Permits YTD New Homes Year to Date = 8 = 48 = 19 **~******~***********~************************************************************************* * Aimee Fairbrother submitted her resignation for the part-time receptionist position. Aimee has accepted a full-time position with the City of Vadnais Heights. We wish Aimee good luck in the future and we will have to work on a plan to get even with the City of Vadnais Heights. Aimee promises to stay active in the City. Laura Thompson began duties as a part-time Account Clerk this week Monday. Welcome Laura! * We received a $1000 donation to the Fete des Lacs this week from the Lino Lakes State Bank. They plan to build a branch facility next to Ad-Graphics this summer. I will be twisting the arms of a couple other focal banks for matching donations. * I received a voicemail from the architect working with the County Bank. They would like to bring their bank facility plans to our Planning and Zoning Commission meeting in June. The County Bank has been advertising for staff for their proposed CenterviJIe bank location. I plan to meet with the architect in the near future to incorporate our gateway monument into their construction plans. They are aware that the City wants to have our gateway sign on their property and are willing to work with the City to get this project accomplished. * We received our cable franchise fees this week in the amount of $6,973. . Weight restriction signs on the streets are being removed today. . The civil defense siren has been repaired. A fully functioning siren is an extremely high priority item with severe weather season approaching. The siren was successfully activated this morning in an equipment test. * The street sweeping is scheduled to be completed next week. The Lino lakes street 421'eo I sweeper was malfunctioning, but it is now repaired. . The Centerville Lion's will be holding our annual Easter Egg Hunt at LaMotte Park tomorrow. The hunt begins at 11 :00 sharp! Help spread the word. The hunt is for youth fifth grade and below. Non-perishable food item donations are being encouraged. The food shelves are low at this time of year. . Tomorrow is Earth Day. There are many activities planned at Wargo Nature Center tomorrow beginning at 11 :00. Staff member Teresa Bender, her children and friends and a local Brownie Troop are planning to clean the City. If you are able, please try to "lend a hand. Garbage bags will be available at City Hall tomorrow morning at 9:00. The ditches along Main Street out towards the 135E interchange are always heavily littered. . The forecast is predicting great weather this weekend. Have a Happy Easter! 4'211(10 Jim March From: Jim March [jmarch@goldengate.net) Sent: Friday, April 14, 2000 3:56 PM To: Wayne LeBlanc; Tom Peterson; Theresa Brenner; Patricia Scott; Ray Devine; Michelle Moser; Mary Capra; Lori Dom; John McLean; Jim Hoeft; Hanna Tilsen; Elizabeth Scheller; Doug Porter; Dave Kilian; Brian Hanson; Mari Nelson; Linda Broussard Vickers; Dick Travis Subject: Week in Review Week in Review April 14,2000 Building Permits this Period = 6 Building Permits YTD = 40 New Homes Year to Date = 15 ***************************************************************************************** . It's official! We will have a carnival for Fete des Lacs this year. The firm is Funland, Inc. They are a very reputable company that has been in business for over 50 years. They are the carnival that serves the cities of Blaine, Brooklyn Center, Farmington and a few other rural MN communities. They had a cancellation for the weekend of Fete des Lacs and called Karla Devine to see if we were still interested in having a carnival. We are in the process of signing a contract. They can provide games and food vendors, if so desired. They require all of their employees to have short hair, no beards and to be in uniform. They also randomly drug test all of their employees. References have been checked by the carnival committee and all of the cities have been pleased with this companies performance. We are not sure how many rides we will have available to us at this time. They will be splitting their carnival in half and will also be serving another MN community the same weekend of Fete des Lacs. They appear to do this quite often according to the schedule they have posted on their website. If you want to find out more about the carnival visit them at http-1/~. funlandrbscom Nice job carnival sub-committee!! . The Carpenter commercial building has opened up as a Farmer's Insurance Group office. It is nice to see this building occupied. * Part-time Account Clerk Laura Thompson starts on Monday. We are anxious to have Laura join our staff. . I attended the Centennial Fire Steering Committee meeting yesterday. We discussed the proposed 2001 budget for the fire department. Long-time committee member Andy Neal was presented a plaque and jacket for his years of dedication to the Fire Steering Committee. . The Centerville Lion's will be having our annual Easter Egg Hunt at LaMotte Park on 4/14/00 Saturday, April 22 at 11 :00. This is a free event for the community youth from toddlers to fifth grade. Help spread the word for this event. Each child attending will get to hunt for eggs for a chance at great prizes and each child will leave with a treat bag. * There was a meeting at LaMotte Park with representatives from Anoka County Parks Dept., St. Paul Water Utility and the construction firm WB Miller on Wednesday morning. We walked the proposed trail in LaMotte Park and discussed the specific interconnection with the Anoka County Regional Park Trail System. At long last, Centerville will have a linked trail into the Regional Park. The contractor plans to begin work in two weeks. The trail will hopefully be open by the beginning of summer. This will be a great asset to all Centerville residents. . . Enjoy your weekend! 4/14/00 CITY OF CENTERVILLE CITY COUNCIL MEETING April 12, 2000 6:00 p.m. I Not Approved I Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on April 12,2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber CouncilMemberDkkTrn~ Council Member Terry Sweeney Council Member Linda Broussard Vickers Council Member Mari Nelson : ABSENT: None STAFF: City Administrator, Jim March City Attorney, James Hoeft City Engineer, Tom Peterson I. CALL TO ORDER Mayor Wilharber called the April 12, 2000 City Council meeting to order at 6:04 p.m. II. PUBLIC HEARING (S) T"" . .,..".......".... . T'>o . ,. .".....r-, . 11'" . ................ J..lJ.. rl.-l Lf1.l\.rtl~LC.~/rt" rtJ.'\.I..I..:J Mayor Wilharber stated Mr. Todd Smith was present from Anoka County Assessing to address comments or concerns from residents on recent County assessments. Mr. Smith explained this meeting would hold the local Board of Review for Centerville to address concerns from property owners. He explained how it was dictated, reviewed the number oflots that were taxable, and the growth of the City. Mr. Smith reviewed a map of areas that will be assessed for 2001 as those being lots near the lake and south oftown. He stated the Main Street area was done for year 2000. It was noted that Jerry Foust was also present to observe the meeting. Hearing no comments or concerns from the public, Mr. Smith asked that the Council take a minute to sign the assessment notice for the County. Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to Close the Board of Review. Motion carried unanimously. Wayne LeBlanc approached the Council for a quick review of events from the Park and Recreation Commission and thanked the Council for the Park and Recreation item approval. Mr. LeBlanc explained he had prepared a map of trails throughout the City with the purpose of working with surrounding communities. He indicated any questions on the plan can be brought to the Park and Recreation Commission. Mr. LeB]anc presented the Council with an article from the Hugonian regarding smart growth throughout the City. He encouraged the Council Members to read through this article and work with experienced professionals while planning the City's future. Council Member Nelson thanked Mr. LeBlanc for his information and suggestions. IV. CONSIDERATION OF MINUTES March 29. 2000 Council Meeting Minutes Motion bv Council Member Travis, seconded bv Council Member Broussard Vickers to approve the March 29, 2000 Council meetinl! minutes as submitted. Nelson abstained. Motion carried. V. PAYMENT OF CLAIMS The City ofCenterville March 30 throul!h April ]2.2000 Council Member Travis questioned the large Park Department bill. Mr. March explained this was for park benches, picnic tables and park equipment needed for renovations this spring. He noted it was purchased all at once to allow the City to receive a 3% discount. Council Member Sweeney stated the improvements were a goal for the Park and Recreation Commission to have it completed for this summer. Motion bv Council Member Broussard Vickers, seconded bv Council Member Nelson to approve the expenditures for the City from March 30, 2000 throul!h April 12, 2000. All in favor. Motion carried unanimouslv. Centennial Fire District Expenses Motion bv Council Member Sweeney, seconded bv Council Member Nelson to approve the Centennial Fire District expenditures. Motion carried unanimouslv. VI. SET AGENDA The following items were added to the agenda: . DNR Resolution 2 Motion bv Council Member Broussard Vickers. seconded bv Council Member Sweeney to approve the agenda with noted additions. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS Stop Sign Reauest - 73rd Street Elizabeth Larson of 1882 73rd Street stated she submitted a petition to the City for the rising flow of high-speed traffic on her street. She stated there has been a couple of close calls with her day care children and the area has been surveyed by the police. Ms. Larson indicated the police surveyed the area on a Friday afternoon and a weekday at noon but the results may not reasonably reflect the actual speed limits. Mike Larson of 1882 73rd Street added that the police car was visible from a distance, which slowed traffic before it reached the area of concern tainting the results of the actual speeds in the area. Ms. Larson stated Brian Drive has a similar situation with stop signs, which would not make her request unreasonable. She stated there has been three near misses in recent memory. Mayor Wilharber asked if the speeding vehicles are local residents. Ms. Larson stated she was unsure of the residency of the drivers. Council Member Nelson asked if a specific time during the day was a concern. Ms. Larson noticed high-speed traffic between 6:30 a.m. and 9:00 a.m.; and between 4:30 p.rn. and 6:00 p.m. Council Member Nelson explained she offices near this location and agrees with the concerns of the Larsons and would like to see a stop sign at Peterson Trail and 73rd Street. Council Member Sweeney stated he lives on Brian Drive and explained that a vehicle travelling 50 miles per hour struck his home. He indicated that many of the cars on his street do not observe the close stop signs but it is an alternative to the current situation. Ms. Larson understood that not all cars would observe the posted signs but she believed a greater percentage would. Council Member Nelson asked if the residents would prefer a stop sign at Quebec or Peterson Trail. Ms. Larson stated she would like to see a sign posted at Quebec. Dan Bacon of 1876 73 rd Street stated his wife wrote a letter to the City explaining things she has witnessed in this area. Mr. Bacon explained their traffic concerns are between 4:00 p.m. to 6:00 p.m. and they had seen children almost hit. He stated there are a number of small children in this area with a couple day cares, which draws more concern. Mr. Bacon noted that school bus drivers were also observed skidding on the street. Council Member Broussard Vickers asked that this item be investigated in greater detail with more accurate results to the speed of passing drivers. She stated she would be in favor of a sign in the area. 3 Mayor Wilharber stated he would speak with the Police Chief regarding this issue to conduct additional speed monitoring before a decision would be made. He noted this would be placed on the agenda after further infonnation was received. Ms. Larson stated that several additional neighbors also have input and would like to be present at the next meeting. Mr. March stated he witnessed the police monitoring and it was extremely visible so alternate methods should be sought for further testing. . VIII. UNFINISHED BUSINESS Hunters Crossiru! - Comp Plan Amendment - Receive Feasibilitv Study Mr. Peterson reviewed the Comp Plan amendment with the Council. He stated this was a preliminary report and that an assumption was made that the developer would pay half of the assessment fees. Mr. Peterson noted the calculations have been reconfigured to match this assumption. Council Member Nelson asked why the amendment was being brought before the Council. Council Member Sweeney stated the study was before the Council a year prior to development so an amendment would be needed to allow for the development as submitted. He noted this development would be providing $2,000 per lot toward park dedication. Mayor Wilharber asked ifsurrounding neighbors were asked about being provided with water and sewer. Mr. Peterson stated that Mr. Zerwas had not been addressed at this time, but he would be interested in two services to his site if the option was available. Mr. Peterson explained the amount ofsuch service would be roughly $30,000. Council Member Nelson asked if this assessment could be lowered if done at a later date. Mr. Peterson stated this would have to be pushed by a developer in order to happen and noted that the future prices for such service are uncertain. Mayor Wilharber stated concern for the extreme assessment for Mr. Zerwas, as this would not be a positive sale feature for him. Mr. Peterson explained the utility services being provided are more expensive due to the fact there is little right-of-way available and two stubs are needed. Council Member Broussard Vickers indicated she would like to see the City meet with Mr. Zerwas on this issue to see ifutilities are able to reach his site, to determine the actual expense, and report back to the Council. Mayor Wilharber asked if utility lines run to plat lines or through lot lines. Mr. Peterson stated they generally run to the plat line of the development. Mr. Carlson stated the area being discussed is outside of the wetland and would not need utility services. 4 Mr. Carlson explained he feels he should pay his fair share of the assessments, but continuing to the south will not benefit him or his development. Mr. Carlson indicated that developers in the future should be responsible for the extension beyond his plat. Mayor Wilharber asked how Mr. Zerwas expressed an interest to the City for utilities. Mr. March stated he asked that two stubs be placed on his property if they were to run by his property. Mayor Wilharber encouraged that a Public Hearing be set. Mr. March stated this would be addressed through Resolution 00-08. Motion bv Council Member Broussard Vickers. seconded bv Council Member Travis to adopt Resolution 00-08 receivin!! report and callin!! for a Public Hearin!! on the 10tb of Mav at 6:00 p.m. All in favor. Motion carried unanimously. IX. NEW BUSINESS MotionslRecommendations from Park and Recreation Committee Mayor Wilharber indicated there was a letter within the packet discussing YMCA hours of operation along with a request for morning and afternoon classes at LaMotte Park. He explained they also addressed the donation of ball field lights and poles in the amount of$3,000 to be deducted from the Park General Fund. Council Member Nelson asked if the City would be charged for the YMCA use of the park. Council Member Sweeney stated the YMCA would have charge the City no fees and will not use the ball fields during their time at the park. Council Member Travis asked if the ball field lights were worth moving. Mr. Palzer stated they lights were worth a sizable amount of money and would be a great addition to the City. Motion bv Council Member Nelson. seconded bv Council Member Sweeney to approve tbe Park and Recreation Committee MotionslRecommendations. All in favor. Motion carried unanimously. Motion bv Mavor Wilharber. seconded bv Council Member Travis. to advise staff to draft and send a letter to the donator of ball field li!!hts and poles. All in favor. Motion carried unanimously. Clean-Up Day Mr. March indicated a clean up day has been scheduled for May 2011> at the public works parking lot from 8:00 a.m to 2:00 p.m He stated there would be no fee for residents disposing of goods. Council Member Broussard Vickers asked if this could be coordinated with the Salvation Army to donate items that could be reused. Mayor Wilharber stated he 5 was in favor or this coordination as well to reduce, reuse, and recycle items throughout the City. Motion bv Mavor Wilharber, seconded bv Council Member Broussard Vickers to draft a letter to the Vets or Epilepsv Foundation to ask for coordination with clean UP day on Mav 20. 2000 from 8:00 a.m. to 2:00 p.m. All in favor. Motion carried unanimously. League of Minnesota Cities Annual Conference Mayor Wilharber asked if any members were interested in attending the League of Minnesota Cities Annual Conference. Mr. March stated he would need to know as soon as possible for registration and hotel scheduling. Council Member Nelson stated she may be interested in attending this event and would contact the City. Mayor Wilharber stated he would be contacting staff as well. Cable Resolution Mr. March stated this Resolution requests the broadcasting of the County Commissioner meetings throughout Anoka County to show their functioning. Mayor Wilharber asked if this broadcasting was a concern. Council Member Sweeney stated this has been a concern in the past and the resolution calls the Commissioners to broadcast their meetings. Motion bv Council Member Nelson. seconded bv Council Member Sweenev to adopt Cable Resolution 00-06 as stated. All in favor. Motion carried unanimouslv. Center Villa - Letter of Credit Reduction and Construction Access Status Update Mr. March stated a letter was enclosed within the packet from Mr. Peterson reviewing what remains on the Center Villa project. Mr. Peterson stated the letter of credit could be reduced to $187.000 while still covering the final phases of the project. Motion bv Council Member Nelson, seconded bv Council Member Sweeney to approve the Letter of Credit Reduction. All in favor. Motion carried unanimouslv. Variance for LaMotte Store Front Porch Mr. March gave an overview of the variance request for a proposed front porch addition to the LaMotte Store located at 1695 Main Street. He stated a public hearing was held at the Planning Commission level and all comments were favorable. Ray Devine of 1695 Main Street stated this request is before the Council to allow the owners to redefine the front of the building. He stated the request would be an improvement to the building. 6 Council Member Nelson asked if the four-foot porch would be sufficient for handicap access. Mr. Devine stated the porch would be sufficient for such access. Council Member Sweeney asked if sidewalks would be added. Council Member Broussard Vickers stated the comer would not have enough room for sidewalks but a light pole and tree could be planted. Mr. Devine stated the porch side of the store would be one foot short of allowing for a sidewalk and plantings. Council Member Broussard Vickers asked if the building would be handicap accessible. Mr. Devine stated the building would be accessible from the rear of the parking lot. Council Member Nelson was in favor of the improvements. Motion bv Council Member Travis. seconded bv Council Member Nelson to approve the variance for LaMotte Store Front Porch. All in favor. Motion carried unanimously. X. CONSENT AGENDA XI. COMMITTEE REPORTS . Mayor Wilharber stated tomorrow night there would be a joint meeting of the Tri-City Police Commission and that the Fire Steering Committee would be held at 3:00 p.m. on April 13, 2000. . Council Member Broussard Vickers explained the Planing and Zoning Commission was working on Ordinance 4 to redraft the zoning ordinance. . Council Member Sweeney stated the Park and Recreation Commission met at LaMotte Park to review the placement of trails within the park. He stated they are working on upgrading the parks. Council Member Sweeney added that a carnival would be at LaMotte Park this year for the City Festival. He stated the Festival Committee is working on a parade route at this time and announcements have gone out for the parade. He added that a 32-team softball tournament is also being planned. Council Member Sweeney explained the street dance is planned in the hockey rink and the band is booked. XII. ADMINISTRATORS REPORT Mr. March indicated he handed out a Resolution from the DNR to accept a grant and to have Mr. March as the fiscal agent for the City ofCenterville. Motion bv Sweeney. seconded bv Broussard Vickers to adopt DNR Resolution 00-07 acceptine erant funds and namine City Administrator March as the City's fiscal aeent. All in favor. Motion carried unanimouslv. 7 ,-. Mr. March reviewed a draft letter in response to a letter that was addressed to the Council at the last meeting. He asked that the Council review this letter and provide comments. Mr. March stated that MnDOT would complete a traffic study on Main Street to test the speed level on this County Road. Council Member Broussard Vickers stated concern for having this area posted at a higher speed and asked if any information was known from the County to date. Mr. March stated this is a County issue and that they would inform the City of their plans at a later date. Mayor Wilharber was in favor of drafting a letter addressing the City's concerns and asked that Jon Olson from Anoka County be contacted again. Mayor Wilharber reviewed a letter submitted by Paul Palzer regarding Safe Drinking Water Week in May. He encouraged residents with wells to test their water for bacteria, nitrates, and nitrogen. Mayor Wilharber stated the County could be contacted with further questions. It was noted that Paul Palzer had kits available for these water samples, they could be dropped off at City Hall, and then brought to the County for results. XIII. ADJOURNMENT Motion bv Council Member Sweeney. seconded bv Council Member Nelson to adiourn the April 12. 2000 Council Meetine- at 7:39 p.m. All in favor. Motion carried unanimouslv. Transcribed by: Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. 8 ~-~- , -rllot APprovi CENTERVILLE ECONOMIC DEVELOPMENT COMMITTEE REGULAR MEETING MINUTES APRIL 18, 2000 Pursuant to due call and notice thereof, the Centerville Economic Development Committee held their regularly scheduled meeting on April 18, 2000 at City Hall, 1880 Main Street. . Present: EDC Chairperson Tim Rehbine Committee Member Mary Capra Committee Member Lori Dom Committee Member John Magill Committee Member Besty Scheller Council Member Dick Travis Staff: EDC/StaffLiaison Aimee Fairbrother Absent: Committee Member Paul Montain Committee Member Michelle Moser CALL TO ORDER Acting chairperson Magill called the regular scheduled EDC meeting to order at 7:11 p.m. APPROVAL OF MINUTES Motion by Mr. Mal!iII. seconded by Ms. Capra to approve the March 21. 2000. meetinl! minutes. All in favor. Motion carried unanimously. OLD BUSINESS City Theme (Historical) Mr. Magill feels the downtown business owners who have a direct impact arc the key to revitalization in the downtown. Mr. Magill added that it is apparent revitalization is starting to happen on its own, and stated several residents have expressed positive comments about the changes. Mr. Montain was not present for the EDC meeting. EDC will discuss more on this agenda item after Mr. Montain meets with the downtown business owners about their future building plans in the downtown area. Mr. Montain is also working on coordinating costs on different elements of the revitalization. Ms. Scheller is willing to work with Mr. Montain on coordinating meetings with the downtown area business owners. Ms. Scheller has had experience serving as a Page 1 of 3 facilitator and would serve without opinion, to keep the revitalization moving. Ms. Capra stated Mr. Bob Thein would like to see Centerville develop a genealogy research center in Centerville. Mr. Thein is willing to give the City historical information he has collected over many years. Ms. Capra will be taking this item to Council to ask for their guidance and feeling related to this item. Star City Goals and Obiectives The committee will review the Star City Goals following the Business Appreciation Dinner at the May EDC meeting. Zonine Ordinance Update The EDC is requesting a copy of the most recent Ordinance #4 draft, along with an outline of the changes brought forward thus far. The Economic Development Committee is interested in the changes to the Ordinance that affect area business. Chairperson Rehbine commented on the recent variance approval for the front porch of the old LaMotte Store. Mr. Rehbine wanted to point out that by approving this variance, we may run into difficulties implementing a sidewalk or lighting based on the remaining four feet. The variance also sets a "standard" for the other businesses in the downtown area, and questioned if the variance falls into the Design Team Vision. Mr. Rehbine's solution would be to build the steps protruding into the building, leaving a clear space in front of the building. The committee stressed that due to concerns of this nature, it is important to clarifY in the Zoning Ordinance, 0-5 foot set backs, with an eight foot easement from the curb. Council Member Travis stated there was a formal Public Hearing on the variance, and added it was met without any opposition. Business Appreciation Dinner Mr. Rehbine will give a brief presentation on the Lino Lakes Chamber of Commerce as well as on the role ofEDC prior to the Mayor's presentation. Mayor Wilharber will present Lloyd Drilling with the 1999 Business of the Year Award along with recognizing the Citizen of the Year. Ms. Scheller will call the EDC members who will be bringing in items for the dinner one week prior to remind them of their responsibilities. NEW BUSINESS Staff Liaison Vacancv The EDC requests the appointment ofa replacement for Ms. Fairbrother. The committee feels the liaison is extremely important to the vitality of the committee. Page 2 of 3 < Roles ofthe EDC Ms. Capra has spoken to Council Member Nelson who has placed "Roles of the EDC" on the April 26th City Council agenda. Council Member Nelson would like to review the current roles of the EDC along with learning more about the committee. Mr. Magill stated it is a great idea to re-evaluate the EDC roles. The committee would like to continue meeting on a monthly basis. ADJOURNMENT Motion to adiourn at 8:37 p.m. was made bv Mr. Mae:i11 seconded bv Ms. Dorn. Motion carried unanimouslv. Respectfully Submitted~ L}h/fW -fw-~~ Aimee Fairbrother ~ EDC/StaffLiaison Page 3 of 3 Not Approved PARK AND RECREATION COMMITTEE MEETING MINUTES April 5, 2000 Pursuant to due call and notice thereof, the Park and Recreation Committee of the City of Centerville held their regularly scheduled meeting on April 5, 2000 at City Hall, 1880 Main Street. Chairperson Michael Navin called the meeting to order at 6:30 p.m. The Park and Recreation Committee met at Laurie LaMotte Park at 6:00 p.rn. before the meeting, to "mark-out" the trail that connects to the Anoka County Trail System. Present: Chairperson Michael Navin Karla DeVine Doug Porter Dale Larson Wayne LeBlanc Council Member Terry Sweeney (liaison) Absent: Staff: Jill Lien Tedd Peterson, Public Works ROLL CALL Mr. Navin started the roll call by announcing his name and position on the Park and Recreation Committee with the rest of the roll call as follows: Karla DeVine, Tedd Peterson, Terry Sweeney, Doug Porter, Wayne LeBlanc and Dale Larson. Mr. Craig Bodde and Mr. Darrell Silverness from the YMCA were present, along with Kevin Smith, Danny Lofgren, Bobby Lofgren and Lance Dahl who expressed their interest in a bike track. Mr. Navin conducted the Oath of Office for Mr. LeBlanc. APPEARANCES YMCA Mr. Silverness explained that the YMCA consists of24 board members, of which there are 20 adults and four (4) high school students. The board meets every other month, is very active and has made a lot of progress. The name of the proposed YMCA is called the "Chain of Lakes YMCA". Mr. Silverness would like to run an ad in our local newsletter explaining the benefits offered to the residents ofCenterville. Mr. Silverness commented that this would be a great opportunity for newcomers to Centerville to meet new people, become involved and provide an "outlet for kids". There will be indoor and l outdoor basketball courts available, and the staff at the YMCA are willing to help with staffing needs at the Elementary School if activities are offered through the School District. Mr. Silverness stressed that the YMCA is not looking for financial support, in fact, the YMCA anticipates loosing money with the extended hours being offered, but felt they could make it up in other areas. There will be some benefits to the residents of Centerville such as: a 25% discount in 'joiners" fee, 10% off monthly dues, a teen center, the ability to re-evaluate after five (5) years, and the fact that the YMCA would like Centerville to be an active part in the planning and success of the business. The', YMCA has conducted a market study, which indicates there would be approximately 2,500 memberships in this area, consisting of approximately 8,000 to 12,000 people. Mr. Silverness anticipated 25% ofCenterville's residents joining, adding there will be heavy family response. A teen center will be available in approximately two (2) years, with teen programming playing a huge part in the development. The YMCA wants to work closely with Centerville for anything relating to teens or future teen centers. Mr. Silverness mentioned the YMCA would keep close ties with the Centennial Middle School. A shuttle service from the Middle School directly to the YMCA will be available this year. The closest facility ofthis size would be in Woodbury. Mr. Silverness appealed to the Park and Recreation Committee to recommend supporting the YMCA to the City Council. Specifically, the YMCA is requesting the following: "I.) To offer a summer Day Camp Program extended hours site and bus pick-up location, using LaMotte Park, and 2.) To offer morning and afternoon sessions, each day for approximately eight (8) weeks during this summer, between 9:30 - II :30 a.m., and 1:00 - 3:00 p.m., Monday - Friday." Motion by Mr. Navin, seconded by Mr. LeBlanc to recommend to City Council to permit tbe YMCA's request to offer extended bours site and bus pick-up location at Laurie LaMotte Park. All in favor. Motion carried unanimously. Motion by Mr. Navin, seconded by Mr. Porter to recommend to City Council to approve tbe YMCA's request to offer morning and afternoon summer sessions at Laurie LaMotte Park. All in favor. Motion carried unanimously. Bike Track Kevin Smith (7310 Old Mill Road), Danny and Bobby Lofgren (7256 Centerville Road) and Lance Dahl (1748 Peltier Lake Drive) appeared before the Park and Recreation Committee to request the committee consider establishing a bike track for the kids in Centerville that are of their age bracket (12-16). Mr. Smith stated that there are four (4) new parks in the City for all ofthe little kids, but nothing for the kids their age. Tbey would like to see a bike track created for kids to ride their bikes on; at least it would give them something to do. Ms. DeVine mentioned that there were approximately 20 kids biking and jumping their bikes on the Travis property yesterday. Ms. Travis explained to the kids that they cannot jwnp their bikes on that piece of property because they are in the process of selling it, but they continue to use it as a bike track. Ms. De Vine felt it important to look into 2 creating/developing a bike track for the youth of this age bracket so we have a balance of activities for all age ranges. The Park and Recreation Committee directed Ms. Lien to contact the City of Shore view's Community Center to find out the liabilities and/or any other information regarding bike tracks. CONSIDERA nON OF MINUTES February 2. 2000 Park and Recreation Meetinl! Minutes Motion by Mr. Larson, seconded by Ms. DeVine to approve tbe February 2, 2000 Park and Recreation Meeting Minutes. All in favor. Motion carried unanimously. March I. 2000 Park and Recreation Meetinl! Minutes Motion by Mr. Porter, seconded by Ms. DeVine to approve tbe Marcb 1,2000 Park and Recreation Meeting Minutes, witb noted cbanges. All in favor. Motion carried unanimously. OLD BUSINESS Set date for Dedication of Laurie LaMotte Park The Park and Recreation Committee discussed possible dates for the Dedication of Laurie LaMotte Park. The committee elected to have the dedication the week of May 22nd, with a specific date to be determined at the May 3m meeting. The committee was pleased with the draft invitation submitted by Ms. Lien, along with the list of past Park and Recreation members, liaisons, intern, Public Works Staff, current City Council, Commissions and Committees. The committee requested Ms. Lien draft a letter requesting donations for refreshments to be offered at the dedication, from the local business owners, Centerville Lions Club, Centennial Fire District, and Cub's Bakery for a cake. Compiled List of2000 Goals Trees Mr. Larson explained that he had plotted out the trees at all of the parks in the previous month. He will provide the sketch to Ms. Lien to put in the May Park and Recreation Packet. The consensus of the committee was to have Mr. Larson contract someone with a spade and obtain a quote for moving/planting trees for the May meeting. Eal!le Park Lighting l'vtr. LeBlanc expressed his concern with the "City Theme Workshop" meeting held on March 21 st. He was ready to present his recommendations for the lighting at Eagle Park, but wasn't given the opportunity. Mr. LeBlanc is proposing two different options with the lighting at Eagle Park. One option is to have high poles, which could have one of many different styles of lights, and the other would be to have a shorter pillar style poles commonly seen along trails. Mr. LeBlanc would like to see lights pointing downward, 3 and stressed "no light pollution". Mr. LeBlanc will get more information/quotes for the May meeting. Trail Maps The Committee was pleased with the maps Ms. Lien had created indicating the easements, sidewalks and trails within the City. The Park and Recreation Committee requested Ms. Lien contact the City Engineer to have him create these maps. Donation ofLi~hts from Rich DeFoe The Committee discussed the donation of the lights/poles from Rich DeFoe of Waterworks Beach Club. Ms. DeVine explained that she had been in contact with Mr. DeFoe who informed her that a friend ofhis might also be willing to donate two (2) more sets of lights to the City, along with his. If this is true, there will be a total of three (3) sets of lights for the ball fields. The general consensus of the Park and Recreation Committee was to install two (2) sets of lights at the softball fields and one set at the soccer field. Mr. Larson mentioned that in the past, NSP had donated a pole for lights in which they mounted a siren on, and questioned if possibly NSP would be willing to do the same again. Mr. Peterson offered to check with Mr. PaIzer on the likelihood of this happening again in the future. Motion by Mr. Navin, seconded by Mr. Larson to recommend to City Council to accept the donation ofthe ball field lights/poles from Mr. Rich DeFoe, at relocation costs of approximately $3,000 to be deducted from the Park and Recreation's General Fund, with a final installation date to be determined at a later date. All in favor. Motion carried unanimously. Public Works Liaison / Tedd Peterson Ms. Lien explained that she had spoke with Mr. March regarding the possibility ofhaving Tedd Peterson join the Parks and Recreation Committee as a Public Works staff liaison. Mr. March felt the Parks and Recreation Committee should be able to call upon the public works department at any time, without having a Public Works staff liaison. If Mr. Peterson wishes to attend the Parks and Recreation meetings, he is more than welcome to attend as a resident. Mr. Larson expressed his appreciation, adding that he felt it is very nice having someone from Public Works at the meetings, and hopes Mr. Peterson will continue to join the meetings. Letter of Understanding to Anoka County Mr. LeBlanc submitted a draft Letter of Understanding explaining the visions and goals for future trails in the northeastern metropolitan area. This letter also requests any contact names, grants or other funding possibilities be forwarded to the City. The Park and Recreation Committee approved the letter Mr. LeBlanc had submitted. NEW BUSINESS 4 . Pour Concrete in Ice Rink Ms. Lien explained that both Mr. Peterson and Mr. Pa!zer have questioned if the Park and Recreation Committee have ever considered pouring concrete in the hockey rink at Laurie LaMotte Park. Concrete would create a base under the ice, which would make it easier to flood and would also ensure a smoother SUIT.iCe on the ice. It could be constructed so that when the concrete is poured, spickets or hoses could be installed around the rink for flooding purposes. Also, this would bring a place where youth cauld roller-blade, skateboard, etc. in the summer. The committee elected to discuss this option further at the May meeting, where more specific bids/quotes could be looked at. Lawn Care Proposals Ms. Lien explained that Mr. PaIzer had submitted quotes received from TruGreen ChemLawn and Greener Pastures - which use organic materials. Mr. PaIzer recommended that we do NOT Spring fertilize at Laurie LaMotte Park and Acorn Creek Park because the grass is still fairly new and was just fertilized in the Fall. The Park and Recreation Committee decided to follow Mr. Pa!zer's recommendation. Mr. Navin offered to contact Mr. PaIzer to discuss this and other issues, and will report hack at the May meeting. On-Site Sanitation Mr. Larson explained that he had been in contact with On-Site Sanitation and was quoted the same fees as last year. Mr. Larson felt there should be a satellite placed at Acorn Creek Park this year in addition to the ones at Tracie McBride and Laurie LaMotte Parks. The Committee requested Ms. Lien to have Mr. Palzer go ahead and order three (3) satellites for the three (3) parks. Basketball HOODS at EalZle Park Ms. Lien explained that Mr. PaIzer had suggested installing basketball hoops on the pad that was originally intended to be a tennis court at Eagle Park. Since kids are already going to the park and hanging out, it would be an inexpensive way to provide something for them to do. The committee discussed the advantages and disadvantages ofinstaIIing basketball hoops, and came to a conclusion that Mr. Porter will explore the fees involved, and bring it back for further discussion at the May meeting. DISCUSSION ITEMS Game Time Ouotes. Contract and Pavrnent Ms. Lien explained that she included these in the packet for the committee to review, since the original quote did not include benches, picnic tables and trash receptacles, Ms. Lien felt the committee should see the actual signed contract with all inclusions. Goetz Landscape & IrrilZation Contract This was included as an FYI, showing the actual signatures and a copy of the payment sent to Mr. Goetz as a retainer. Mr. Goetz has already begun landscaping around the park signs. 5 . Outdoor Recreation Grant Ms. Lien explained that Mr. March submitted a copy of the grant application to the DNR for the Outdoor Recreation Grant program. It does not appear that there will be funding available this year. However, they do encourage communities to submit applications to help show the Legislature the need for future funding for municipal park improvement projects. AcceDtance/Denial Letters to Mr. LeBlanc and Mr. Peterson Ms. Lien explained that unfortunately, no one had contacted Mr. LeBlanc informing him ofhis acceptance to the Park and Recreation Conunittee, nor was a letter of denial sent to Mr. Peterson. Since they both were in attendance, the committee expressed their apologies and thanked Mr. LeBlanc and Mr. Peterson for their interest in the Park and Recreation Conunittee. Ms. DeVine expressed her concern over who exactly is supposed to be the contact person at City Hall for the Park and Recreation Committee. More specifically, she would like to see all phone calls, correspondence, documentation, flyers, quoteslbids, etc., be forwarded to Ms. Lien's attention - since she is the staff liaison for Park and Recreation. The Conunittee agreed, directing City Staff to make any/all inquiries, correspondence, quotes, etc. be sent to the attention of Ms. Lien. Mav Agenda I. Set Date of Dedication of Laurie LaMotte Park 2. Goals a. Trees and Satellites - Dale Larson b. Eagle Park Lighting - Wayne LeBlanc c. Lawn Care at Parks - Michael Navin d. Donation of Lights from Rich DeFoe - Michael Navin 3. Basketball Hoops - Doug Porter 4. Trail Maps to City Engineer - Jill Lien 5. Letter of Understanding Update - Wayne LeBlanc 6. Letter to Residents around Eagle Pass regarding lighting of trail- Wayne LeBlanc and Jill Lien 7. Concrete in Ice Rink at LaMotte Park - Jill Lien ADJOURNMENT Motion by Ms. DeVine, seconded by Mr. Navin to adjourn the AprilS, 2000 Park and Recreation Committee meeting. All in favor. Motion carried. Meeting adjourned at 9: 15 p.m. Respectfully Submitted, Jill Lien Staff Liaison 6