HomeMy WebLinkAbout2001-11-06 P & Z Agenda
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PLANNING AND ZONING COMMITTEE
MEETING AGENDA
TUESDAY, NOVEMBER 6, 2001
6:30 p.m.
I. CALL TO ORDER
1. RollCall
II. PUBLIC HEARING (S)
1. Ordinance #4 Amendments
2. Zoning Map Modifications
3. Eagle Pass 2nd Addition (Preliminary Plat)
III. APPEARANCES
1. Mr. Mike Quigley - Gor-Em (Eagle Pass 2nd Addition)
2. Mr. Lloyd Drilling - Comprehensive Sign Plan (Uptown Center)
3. Mr. Brent Coatney - Mueller Pipe liners (T enninal Transport Building); Site Plan
IV. OLD BUSINESS
1. Ordinance #4 Amendrnents
2. Zoning Map Modifications
3. Comprehensive Sign Plan - Uptown Center
4. Sign Variance - Hair Update & Day Spa
"
, .
NEW BUSINESS
1. Mr. Mike Quigley - Gar-Em (Eagle Pass 2nd Addiiion)
2. KCI - Site PIan and Comprehensive Sign Plan (Lot 4, Block I Royal Industrial
Park)
3. Coatney Enterprises - Mueller Pipeliners (Terminal Transport Building); Site Plan
4. Grassen Companies - Street Lights (Eagle Pass 2nd Addition)
VI. DISCUSSION ITEMS
VII. CONSIDERATION OF MINUTES
1. October 2,2001 Planning and Zoning Meeting Minutes
VIII. ADJOURNMENT
I
1
3 Amended: 9/4/0]
2 Amended: 6127/0]
1 Amended: 1110101
Effective 915/00
City of Centerville Ord. #4
Sf ATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILlE
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 Gentervilie, 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: "ntle. 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:
o 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 Comprehenzive PIAn.
~ 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.
Page 1 of82
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~
J Am"lded: 9/4/0]
2 Amended: 6/27/01
I Amended: ] I! OlD I
Effective 9/5100
City of Centerville Ord. #4
~ Establish guidelines and regulations to promote housing variety and
quality living environments
Section 010-0JO: 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 O'H)-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 wtlich impose the higher
standard or requirements shall
prevail,
Section 010-050: Severability. If any proVISion of this Ordinance or the
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 lime this Onjinance shall tal<e
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: OefiniUmm
Section 015-010 Specific purposes. Forthe 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 015-02il: Definitions,
Abandonment - To cease or discontinue a use or activity willlout 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.
P~O';<>' ') n.f'Q.,":,i
3 Amended: 9/4/01
2 Amended: 6/27/01
1 Amended: 1/1 010 1
Effective 9/5/00
City of Centervil1e OrJ. #4
Abutting - Having a common border IAMh, or being separated from such a
common border by a right-of-way, alley or easement
Ac:cessOl)l' Building - A subordinate stmcture detached from but located on the
same lot as the principal structure, the use of whicll is incidental and accessory to
that of the principal structure. The subordinate structure shall possess a minimum
of 3 continuous walls, standing a minimum of 6 feet in height, and a roof.
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, agriculiural, 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 ctlange, addition, or modification, in construction or occupancy of
an
existing structure.
Alteratioil, Stmctural - Any change in the supporting members of a building or
structure, such as bearing walls, columns, beams, or girders; provided, however,
the application of any exterior siding to an existing building for the purpose of
beautifying and moeiernizing shall not be considered a structural alteration.
Antenna .. Any system of wires, poles, rods, reflecting discs, satellite dishes or
similar devices Llsed for the transmission or reception of electromagnetic waves
external to or attached to tile 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 tllat is secondary and incidental 10 a
principal use or building.
Area Identification Sign - P. freestanding sign whicll identifies the name of a
PM>'" '\ of WJ
residential subdivision, commercial or industrial development.
3 Amended: 9/4/01
2 i\mended: 6/27/01
1 Am.ended: 1/10/01
Effective 9/5/00
City of Ccnterville Ord. #4
Basement - A portion of a building iocated 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, railroacl rights-of-way, sl10r6 lines, waterways or corporate boundary
lines of the City.
Board - The Board of Appeals and Adjustments of the City of Centerville.
Boathouse - /, structure designed and used solely for the storage of boats or
boating equiprnent
Building - Any structure having a roof which may provide shelter or enclosure of
persons, animal or chattel, and when said structure is divided bV 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 [laVe been met.
Building Covemge ... See Lot CO\lerag&.
Building Height .. See Hei~lht
Building Une - The line, parallel to the street line, that passes through the point
of the principal building nearest the front lot line.
Building, Principal - See Principal Building.
Business Area .. Any business activity whic!.1 renders service to other commercial
or industrial enterprises
City Council or Council - The City Council of the City of Centerville.
Clear Cutling - The indiscriminate removal of trees, shrubs, or undergrowth with
the intention of preparing real property for non-agricultural development purposes.
Page 4 of 82
3 ft~nended: 9/4/01
2 Amended: 6/27/01
1 Amended: lilli/OJ
Effective 9/5/00
Cilv of Centerv1lle Ord. #4
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 mowin~l operations.
Clinic - Anll establishment where human patients are examined and treated by
doctors or dentists but not hospitalized overnight
Club - Any establishment operated fOf social, recreational, or educational
purposes but open only to members and not tt1e general public.
Cluster Housing - The grouping of single-family dwellings within specified areas
IlVhile maintaining the same overall allowable density in tllat same area.
Commercial Use - An oc(;upalion, employment, or enterprise that is carried on for
profit by the owner, lessee, or licenses.
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 llle physical, social and economic development of the City and
including a land use plan, a community facilities plan and a transportation plan
whiell 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 tile public welfare
alld the integrity of the Comprehensive Plan.
Com:Jitiomli.1 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.
ContraclmJs 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.
Page 5 of82
3 Amended: 9/4/0 I
2 AlJleJlded: 6/27/01
I Amended: 1/10/01
Effective 9/5/00
City of Centerville Ord. #4
Coverage - That portion of a lot covered by principal and accessory use
structures
Cui-dEi-sac - A local street, one end of which is closed and consists of a circular
turn
around
Day Care Facilities - A state licensed day care facility, as defined in Minnesota
Statutes, Chapter 462.
Dee" - A horizontal, unenclosed platform with or without allached 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.
Deve!opment - All structures and other modifications of the natural landscape
above and below ground Of water, on a particular site.
District - See Zone
District loning - An area of land for which there are uniform regulations
governing the use 01 buildings and premises
Orive-.(n 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 lTiay be consumed or business conducted in
the 8lltornobile
Dwelling - A building or portion thereof that provides living facilities for one 01'
more families.
Dwelling, Single..Family, Attached (group, row, and townhouses) - One (1) af
two (2) or more residential buildings having a cornman 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 lo!.
Page 6 of 82
3 Amended: 9/4/0 1
:\ Amended: 6/27/01
1 Amended: 1/10/01
Effective 9/5/00
City of Centerville Ord. #4
!Jweliing, TwooFamily .. 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 l{nOl/Vn as an apartment building, but
not including group, row or townhouses.
Dwelling, Seasonal .. A dwelling not Llsed for permanent residence and not
oGcupiecl 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.
Ea.sement .. The right of a person, government agency, or public utility company
to Lise public or private land owned by another for a specific purpose.
Essential Services .. Public and private utililies required by the resident and
worf<ing 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 as a single housekeeping unit using common cooking and kitchen
facilities.
Facade - Tile exterior wall of a building exposed to a public view or that wall
viewed by persons not within the building.
Feilce - Any artificial IV 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 SOL/rce.
Floodway .. The channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the 100-year flood without
cumulatively increasing the water surface elevation more than one foot at any
point
Floodwillll Fringe .. All that land in a flood plain not lying within a delineated
Page 7 0[82
3 Amended: 9/4/0 1
Z AmeluJed: 6/27/0]
, Amended: 111 % I
Ettective 9/5/00
City of CenterviHe Ord. #4
floodway Land witrlin 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 frorn trle exterior walls or from the centerline of
P611iy walls separating buildings, excluding basements.
Floor Area Ratio - The total floor area on a zoning lot divided by the total site
area of tl'16 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 - Ti'le 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 shaH not be considered as the
ordinary sideline of a corner 101.
Garage, Private - Any accessory building or an accessory portion of a principal
building designed or used solely for the storage of molor 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,
discomfoli, or loss in visual performance and visibility
Grade - The lowest point of elevation of the finisiled surface of the ground,
paving, or sidewalk within the area between the building and the property line, or
when the plTlperty 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 tleight between eaves
and ridge for gable, hip and gambrel roofs.
Home Occupation - An occupation, profession, activity, or use that is clearly a
cLlstomary, 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.
Page 8 of 82
3 Amended: 9/4/0]
2 Amended: 6/27/01
I Amended: 11l0/OJ
Effective 9/5/00
City of Centerville Ord. #4
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 apal1ment.
Impervious SUlface - 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 9iven 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 junl" including
scrap metals, or for the dismantling or "wrecking" of automobiles or other vehicles
or machinery, otl1er 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 fabricatian of certain materials and
products where no process involved will produce noise, vibrations, air pollution,
fire hazard or noxious emissions which will disturb ar endanger neighboring
properties
Lot - A platted parcel of land intended to be separately owned, developed, and
alhe/wise used as a unit.
Lot Area - The area of hOl"izontal plane bounded by the vertical planes tllrough
front, side, and real" lot lines.
Lot, Comer - A lot abutting on and at the intersection of two or more streets.
lot Coverage - Determined by dividing that area of a lot which is occupied or
covered by the total horizontal projected surface of all buildings, including covered
porches and accessory buildings, by the gross area of that lot.
PH"e 9 {)fR2
3 Amended: 9/4/01
2 PJnended: 6/27/01
1 .Amended: ]/]0/01
EtTective 9/5/00
City of Cente/ville Ord. #4
lot Depth - The average Ilorizontal distance between the front and rear lot lines.
l\:it, Interior - An interior lot is a lot other than is comer lot
Lot Line - A line dividing one lot from another lot or from a street or alley.
lot line, Front .. On an interior lot, the lot line abutting a street; or, on a corner
lot, the lot lines abutting a street; or, on a through lot, the lot line abutting the
street providing the primary access to the lot; or, on a flag lot, the interior lot line
most parallel to and nearest the street from which access is obtained
Lot line, Rear - The lot line not intersecting a front lot line that is most distant
from and most closely parallel to the front lot line. A lot bounded by only three lot
lines will not have a rear lot line.
Lot Line, Side - Any 101 line not a front or rear lot line
Lot, Minimmn Area Of - Tile measurements of a lot computed exclusive of any
portion of the rigl.lt-of-way of any public thoroughfare.
Lot of Record - A lot which is part of a subdivision or plat, an Auditor's
Subdivision Of a registered Land Surveyor a parcel of land not so platted, whiell
has been approved by the City or meets the following conditions:
,/l,. 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 o-r 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 Y:.) acres
in area and one hLlndred 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
it-Iree hundred (300) feet in width on July 1, '19BO; and
Page 10 01'82
v
3 Amended: 9/4/0 I
2 Amended: 6/27/01
1 Amended: 1fI 0/01
EJfective 9/5/00
Ciiv of Center vi lIe Ord. #4
E. Is a single parcel of commercial or industrial land of not less than
five acres and having a width of not less then three hundred (300)
feet and its conveyance does not result in the division of the parcel
into two or more lots or parcels, anyone of which is less than five
(5) acres in area or three hundred (300) feet in width; 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
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 tile ordinance codified in this title.
lot, Through - A lot having its front and rear yards each abutting on a street.
lot, Width - The tlorizontal distance between side lot lines, measured at the
required front setback line.
Manutactt!red ~lou!;in!l - Single-family detached housing that is built to the
National Manufactured Housing Construction and Safety Standards Act of 197'4,
amf shall include structures known as manufactured homes or mobile homes.
Mineral ElI:traction - The extraction of soil, sand, gravel, rock or other such
material from the lanel.
Motor Vehicle - A self-propelled vehicle for personal or business use as defined
in Minnesota Statutes '169.01.
Motor Fuel Statioil - An establishment where gasoline, diesel, kerosene, motor
oil and lubricants are sold or used in servicing motor vehicles and where usual
Page 11 of 82
rnotor vehicle repairs and services are performed.
3 Amended: 9/4/01
2 Amended: 6/27/0]
1 Amended: 1/10/01
Effective 9/5/00
City of Centerville Ord. #'-l
NOlloConforming 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 distdct 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 Ilighest water level
which has been maintained for a sufficient period of time to leave evidence on the
landscape. The ordinary higtl water mark is commonly tllat point where the
natural vegetation changes from predominantly aquatic to terrestrial.
Performance Standard - A criterion established to control appearance, noise,
odor, toxic or noxious matter, vibration, fire and explosive Ilazards, 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 Of control, the
development of whicl', may l)e unique and of a substantially different character
than that of the surrounding area.
rlam~ii1g Siml Zoniulg 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 attaclled to or painted on vehicles parked and visible from
Pal!:e 12 of82
3 Amended: 91410 I
2 Amended: 612710]
1 Amended: III 010]
Etfective 9/5/00
City of Centervillc Ord. #4
trle public right of way, unless said vehicle is Llsed in the normal day-to-day
operations of the business
Principal Use or Principal Structure - The main LJse 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 lIlis 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 natLlre
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-ot-Way - A street, alley or easement permanently established for the
passage of persons and vehicles, including the traveled surface of lands adjacent
that are formally dedicated to such usage.
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.
Page 13 of 82
J Amended: 914101
2 Amended: 6/27/01
] Amended: UlOID]
EiTective 9/5/00
City of Center vi He Ord. #4
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 11igh water level of a
public water and a line parallel to it at a set back of fifty percent (50%) of the
structure setback.
Sign - Any name identification, display illustration structure or device lMJich 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 tile 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
01' 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.
Allul1platted 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 tile space
between the floor and the ceiling next above it.
Story-Half - That portion of a bLlilding under a gabie, hip or gambrel roof the wall
plates of \Nhich, on at leas! two opposite exterior walls, are not more than two feet
above the floor of such story.
Steep Slope - Land where agricultural activity or development is either not
recommended or described as poorly suited due to slope steepness and the site's
soil characteristics, as mapped and described in available county soil surveys or
other technical reports, unless appropriate design and construction techniques
and farming practices are used in accordance with the 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.
Page 14 of 82
:1 i\.mended: 9/4/01
Z Amended: 6/27/0]
1 Amended: 1 J] 010 1
Effective 9/5/00
City of Centerville Ord. #4
Street Access - A public thorougl1fare, which affords the principal means of
abutting land.
Street line - The legal line of demarcation between a street anel abutting land.
Stwcture - Anything constructed or erected, the Lise which requires a location on
the ground, or attached to something having a location on the ground, or an
attachment to something having a fixed location on the ground; including, in
addition to buildings, billboards, carports, porches, decks and other building
features, but not including sidewalks, drives, swing-sets, enclosed play structures
under fifty (50) square feet, fences and patios
Structural Alteration - Any change in the supporting members of a building or
structure, such as bearing walls, columns, beams, or girders; provided, however,
the application of any exterior siding to an existing building for the purpose of
beautifying and modernizing shall not be considered a structural alteration.
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 leaserlold 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.
Creatin" cemeterv lots' and
'" J'
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 tllereon is designed,
arranged, or intended, or for which it is occupied or
maintained and sllall 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
P;we 'I S of R2
3 Amended: 9/4/01
1 Amended: 6/27!O 1
I Amended: 1/l 0/01
Effective 9/5/00
City of Centerville Ord. #4
goods. Supply yards do not include the wrecking, salvaging, dismantling or
storage of automobiles and similar vehicles.
Townhouse - Single-family, attached units in structures housing three or more
continuous dwelling units, sharing a common wall, each having separate and
individual front and rear entrances; the structures being as of a row hOLlse type as
distinguished from fnultiple dwelling apartment buildings.
Travel Trailers -- A mobile vehicle with wheels, designed for overnight living or
camping purposes, capable of being towed by a motor vehicle.
Use, Permittee! - A use that is permitted in the district under which it is listed
Usable Open SpaGe -- 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 - Tile 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, trllcks, tractors, go-carts, golf carts, campers,
trailers, boats, planes and gliders.
Vehicle Abam:ltmed - Any vehicle as defined in this section, which does not have
lavvfully affi~cd or attached t!lsreto an un-expired state rADistraHan 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
Page 16 of82
3 Amended: 9/4/0]
2 Amended: 6/27/0]
1 Amended: 1I1 % 1
Effective 9/5/00
City of Cenlerville Ord. #4
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
8. Are inundated or saturated by surface or groundwater at a
fr'equency and duration sufficient to support a prevalence of
hydmphytic 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 IIvhich is unoccupied and unobstructed from
tile ground upward, except as otherwise provided for herein. The measurement
of a yard shall be construed as the minimum horizontal distance between tile lot
line and the building iine.
Yard, Fre~€lfl€liflfl i'loros-s thg fulkoJi€llhilfil'lB frofiHel B~n siss
t€Jt-lin~ and~:ton€/ing fr13R1 thg~~At-,*.....<ay-lin€lt@-... esptA
Fsquiro<J in t1)€lyaf4-~l,JlatisR€ of tFl~t:;.lot is 180<1188. On Q
€OmeHot the iltmSH>effFSC!l or norm'Nest Eltrsst eliffi€lFlsiem of the stFset sl1alloo
~ont yard.
Yard, Front - A yard extending across the full width of the front lot between side
lot lines and extending from the abutting street rigllt-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 street address or narrowest street dimension of the street shall be
the front yard. The other street frontage will be considered a front yard for
principal structure setbacks and a sjde yard for purposes of caloulating setbacks
for accessory structures. 1
Yard, Rear - A yard extending along a side lot line between the front and rear
yard lot line, having a widtll 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.
1 Amended: January 10, 2001
Page 17 of 82
3 Amended: 9/4/01
2 Amended: 6/27/0J
I Amended: 1/1 O/OJ
Etiective 915100
City of Centerville Ord. #4
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 sliall 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 catchlines of the sections of this Ordinance are intended as mere catctlwords
to indicate the content of tile 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 InterRretatkm
A. Scope
No structure, or part, thereof, shall be erected, convertecl,
enlarged, reconstructed, altered or moved without a permit
approved by the City. No structure or land shall be used for
ani' purpose or altered in any manner that is not in conformity
with the provisions of this Ordinance. Unless otherwise
noted, no structure permitted under this Ordinance may be
inhabited or occupied without a Celiificate of Occupancy
issued by the City.
8. Relationship to Comprehensive Plan
Page 1801'82
3 Amended: 9/4/0]
2 Amended: 6/27101
1 Amended: 1/10/01
Effective 915/00
City of C~nterville Old. #4
Interpretation and enforcement of the provisions of this
Ordinance are intended to be consistent with the
implementation of goals, policies and land use elements of
the 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 amendmenls to the
Comprehensive Plan, this Ordinance or both.
C. Minimum Requirements
In their interpretation and application, the provisions of this
Ordinance
stlall tIe held to be the minimum requirements for the
promotion of the public health, safety and general welfare.
D. Use Notldentifiecl
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 Slate 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 betol'e 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.
r.h.a~ 1Q nf'S:::")
3 Amended: 9/410 I
;;: A.11lcnded: 6/27/01
j Amended: l!l 0/0 1
Eifective 9/5100
City of Centerville Ord. #4
F Other Ordinances
The City has enacted or may enact 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 wr1ether
certain provisions in this Ordinance are affected by other
Ordinances.
G. Aclopting the Minnesota Building Code
Providing for its administration and enforcement, regulating
the erection, construction, enlargement, alteration, repair,
removal, demolition, conversion, occupancy, equipment, use,
height, area, and maintenance of all buildings and/or
structure in tile City of Centerville; providing penalties for the
violation thereof.
Division 25: lot Provisions
Lots of Record
A No lot of record shall be reduced in size below the district
requirements in Section 080-030; and
8. An existing lot of record shall be deemed a buildable lot even
though the lot area and/or dimensions are less than those
required for the district provided as follows:
.1. Evidence must be presented that the lot
in question met rninimum requirements
for the division of property under
ordinance regulations in effect at the time
of the division of property; and
2. It fronts on a public street; and
3. The lot is within seventy percent (70%) of
the minimum lot area and lot width
Page 20 of 82
3 Amended: 9/4/01
2 Amended: 6/27/01
l Amended: 1/10/0]
Effective 9/5/00
City of Cellterville Ord. #4
required
C. If two (2) or more lots are in single ownership and if all or part
of the lots do not rlleet 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:!ill..l]TOrmillgUses 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 tt1e 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 twelve ('12) months,
further use of the structure or property must conform to this
Ordinance; and
C. If a non-conforming use is replaced by another use, the new
use shall conform to this Ordinance; and
O. 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 Lise or structure
may not be replaced or repaired except in conformity with this
Ordinance; and
E. Normal maintenance of a non-conforming structure is
permitted, including necessary non-structural repairs and
incidental alterations which do not extend or intensify the non-
conforming Lise.
Page 21 of82
3 Amended: 9/4/01
2 Amended: 6/27/01
1 Amended: 1/10/01
Effective 9/5/00
City of Cenkrville Ord. #4
Division 35: HomeOccupations
Home occupations in the City mLlst meet the following criteria:
A Home occupations sllall 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 1110re than one (1) sign not exceeding two (2) square feet
with a maximum height of three (3) 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. See Section 135-140: Outside Storage.; 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
Paue 22 of 82
3 Amended: 9/4/01
2 Ainel.lded: 6/27/01
I Amended: 1 i1 % 1
Effective 9/5/00
City of Centerville Ord. #4
healtl'l, safety or welfare of neighbors and neighboring
property shall not be permitted.
Division 40; Sin~lle.familV' Dwelling Requirements
All Single-family, detached dwellings shall be constructed according to the
following minimul1l standards
A. All dwellings shall have a minimum width of twenty-four (24)
feet at its narrowest point, with the exception of the l1li-1
District; and
B. lVIetal siding, with exposed panels exceeding twelve (12)
inches in width, shall not be permitted; and
C. All Single-family, detached dwellings shall have attached
garages. Garages may not be converted to habitable space
without replacing the required garage; and
D. Single-family dwellings other than approved earth sheltered
homes shall have at least a 3/'12 roof pitch and shall be
covered with an approved roofing material; and
E. All Single-family dwellings shall have roof overhangs which
extend a minimum of one ('I) foot from all the walls of the
structure.
Division 45: Te!Jll;!orarv Dwellin!ls and Struc[ure~
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 Bllilding Code.
Division 50: Drivewav and ParkinQ Lot Improvements
Page 23 of 82
3 Amended: 9/4/0 I
2 Amended: 6/27/0!
1 Amended: UIO/O!
Effeclive 9/5100
City of Centerville Ord. #4
All reqLlired 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-i Districts Driveways may not exceed
a twenty-four (24) foot width at the streetline.
Division 55: Public utilitiesRequired
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.
Division 60: Re!oc!!ted Buildinqs 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; and
B. The building or structure meets all code requirements for new
buildings or structures; and
C. The building or structure is compatible with any other
buildings or structures existing on the same property; and
D. The building or structure meets all other requirements of this
Ordinance and any other City ordinances; and
Division 65: Accessorv Buih:linas and Uses
No more than two (2) accessory buildings are permitted on any Single-family,
detached dwelling parcel located in any district except R-1. Combined aggregate
square footage for accessory buildings may not exceed two hundred (200)
square feet or two percent (2%) of the lot area whichever is greater, except in the
M-1 and R-4 District.2 No accessory building may be constructed on a parcel
:1 Amended: August 22, 20(l j
2 Amended: Jmle 27,200]
Page 24 of 82
3 Am.ended: 9/4/01
2 Amended: 6/27/01
I Amended: 1/ tOlOJ
Effective 9/5/00
City ofCenterville Ord. :#4
without a principal structure. Accessory building must have a minimum of a five
(5) foot side setback and a ten (10) foot rear setback, except in the M-1 District
where the building code governs the setbacks. No building may be placed in an
easement
in case an accessory building IS attached to the main building, it shall be made
structurally a part of the main building ami shall comply in all respects witt-, the
requirements of this Ordinance applicable to tile main building. AA-O€CgeS81'l1
ooilging,-tJflf€gg attaeAod to aR€l~(ip~ft€lf th~~ilQin\1t, shalli'lQt bo
slaser than fw€Pf-~~te tho-ffiain l3uildin~,8f:eQ~~ f'lF8\'i€led in this
€le,*lefl. An accessory building, unless attached to and made a part of ths main
buildino, shall not bfl closer than six (6) feet to the main buildinQ, except as
otherwise provided in this section.] The side walls of an accessory building may
not exceed ten (10) feet in 11eigh!. The total area of an attached accessory
building shall be no greater than 1500 square feet per level. SwimminQ pools may
exceed the size requirements for accessory structLlreS, but they can not exceed
fifty (50) percent of the rear yard area.2
Commercial uses (as defined by Ordinance #4) in the M-1 District will follow the
Commercial guidelines for percentaQe of Qrsen space. For all other properties in
the M-1 District, the maximum accessory buildinQ allowed is 704 square feet and
440 square feet in the R-4 District, neither to exceed the size of It'le principal
buildino if an attached qarage does not exist. If an attached (:Jaraqe exists. the
maximum accessory buildinQ allowed is two (2) percent of the lot size or a
minirllum of 200 square feeb
Division 70: Sit", Pilm Review Required
For all land use applications or permit applications, OtllH than Singl6-fanliiy
Residential new construction building permits, a site plan review is required.
Section 010-0'10: Submittal Rllquirements.
A Boundary survey of parcel including identification of all
monuments; and
1 Amended: January 10, 2001
3 Amended: September 4.2001
Page 25 of g2
3 Amended: 9/4/0]
2 Amended: 6/27/01
1 Amended: ]/10/0]
Effeciive 9/5/00
City of Celltervillc Ord. #4
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 includinet.. front minimum and maxli1wm principal
structure setbacks;2 and
D. Scaled locations of all existing and proposed utilities and
easernents; 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 floo(jplain 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) narne(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 dOCLlmentation requirements.
Upon acceptance of the application, site plans will be distributed to the
PaQ:e 26 of 82
3 Amended: 9/4/0]
2 Amended: 6/27/01
1 Amended: JlIO/Dl
Effective 9/5/00
City of Centerville Ord. #4
appropriate City entity for review and recommendation.
Action to approve, modify or deny site plan applications will be based upon
consistency of 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 01G-030: Exceptions. The City may waive certain submittal
requirements for residential variance applications, when it is determined that
submittal I'equirements 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 15: Final Gnuling ami Landscapirm
Lots in all districts shall be subject to the foilowing:
SLIM. 1
No Occupancy Permit shall be issued until the lot upon
which the structure is constructed is brought to finished
grade as specified, except during inclement weather
an escrow shall be deposited with the City as
approved in the fee schedule; except during inclement
\lVeather an escrow shall be deposited with the City as
approved in the fee schedule; and
SuM.&:
Within six (6) months from the issuance of tile
Occupancy Permit the lot shall be landscaped in a
manner, which prevents erosion due to wind or water.
EA1ensions may be granted at the Building Official's
discretion.
Division 80: Zoning 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 tile
Official Zoning Map.
PHq" 27 nfx2
3 Amended: 9/4/0]
2 Amended: 6/27/0]
I Amended: 1/1 % 1
Effective 9/5/00
City of Centerville Ord. #4
Such map shall be on permanent file and available for public inspection in tile City
Hall. It shall be the responsibility of the City Clerk to maintain and keep the map
up to date and to record eacll amendment thereto within thirty (30) days after
official publication of the ordinance adopting the amendment.
Section 080-1'120: interpretation o'r the Zoning Map. Where dua to the scale,
lack of detail or illegibility of the Zoning Map attached hereto, there is an
uncertainty, contradiction or conflict as to the intended location of any zoning
district boundary as shown thereon, the Zoning Administrator shall make an
interpretation of the map upon the request of any person. Any person aggrieved
by any such interpretation may appeal such 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 perpendiCLllar thereto, or along the
centerlines of streets, rights-of-way or watercourses, unless
such boundary lines are fixed 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 Wllere a zoning district boundary line divides a lot, the
location of any such zoning district boundary line, unless
indicated by dimensions sllown 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 sl1all be determined in a reasonable
manner, considering ths history of uses of the property and
the history of zoning ordinances and amendments in
Centerville as well as other relevant facts.
Section 080-0::m: Establishment of Districts. For the purpose of this
Ordinance, the City of Centsrville is hereby divided into the following zoning
districts:
Page 28 of 82
3 Amended: 9/4/01
2 Amended: 6/27/0]
1 Amended: 1/10/01
Effective 9/5/00
City of Centerville Ord. #4
R.'! Rural Residentiai
R-2A High Density Single Family Residential
R-2 Single Family Residential
R-4 Single Family Manufactured Housing District
R-!) Single Family Residential - Estate
B-1 Commercia!
1-"1 Industrial Parlt District
P-i Pubiicllnstitutional District
M-'I Mixed Use
Section 080-040: Ruml Residential (R-il.
Purpose
The purpose of the R-1 District is to allow agricultural activities and non-sewered
residential dwellings as interim L1ses of tile land. Tile 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-agricultLlral uses,
permitted uses in the R-1 District will not reflect intensive commercial agricultural
uses.
Permitted Uses
A. Single-family, detached, dwellings at a density not exceeding
one ("I) 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:
Page 29 of82
3 Amended: 9/4/01
2 Amended: 6/27/01
I Amended: 1110/01
E!fective 9/5/00
City of Centerville Ord. #4
A Feed lots, runs, pens and similar intensively used facilities for
animal raising and care shall not be located within three
11Lindred (300) feet of a neighboring property; and
B. Accessory farm buildings shall not be erected within one
hundmd (100) feet of a neighboring property.
Section 080.1)50: High Density, Singh~.Family, Residentia! (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 Structurel>
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 pel" acre.
D. Accessory uses.
E. Public parks and recreation uses.
F. Day care facility
G. Residential facility.
H. Home occupations.
Section 080-060: Single-FaiYlily, Residential (Fl.-::!).
Purpose
Page 30 of 82
3 Amended 9/4/01
2 Amended: 6/27/0]
I Amended: 111010 1
Effective 9/5/00
City of Centerville Ord. #4
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 lll'i;e~ and Stn.lcture\\;
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 facilit}!.
F. Residential facility
G. Home occupations.
Section 080"070: Single-Family, Manufactured Housing (R-41_
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
atmosprlere.
Permitted Uses and Structures
A Single-Family, detached dwellings
8. Single-Family, attached dwellings with four (4) units or less.
C. Accessory Llses
D, Public parks and recreation facilities.
Page 31 of82
E. Day care facility.
F. Residential facility.
3 Amended: 9/4/01
2 Amended: 6/27/0]
1 Amended: 1/1 % 1
Etfective 9/5/00
City of Centerville Ord. #4
G. l.tom6 occupations
Special Requ.Jinmumts
Manufactured homes are permitted in all residential districts if they meet the
design criteria for such districts. All oHler 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. 1\10
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 sllall 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 tl18 City's urban service area as shown in the Comprehensive
Development Plan, and must be served by public utilities as approved by tile City
of Centervills.
Section 080-080: Single-Family, Residential - Estate (R-5)"
Purpose
It is intentied that the R-5 District provide for low-density traditional single family
residential where public utilities are available and required fOI" 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 parf(s and recreation uses.
D. Day care facility.
1)';.10P 1.') AfS"f,)
3 Amended: 9/410 I
2 Amended: 6/27/0 I
I Amended: 111010]
Effective 9/5/00
City ofCenterville Ord. #4
E. Residential facility.
F. Home occupations
Section 080"090: Commercial District (13-11.
Purpose
It is intended that the B-1 District provide opportunities for retail and service
business uses vvl1ich require larger development sites, highway visibility or
highway access.
General Minimum Requirement",
Tile following minimum requirements, as set 'forth, shall apply to all buildings that
may be erected, converted or structurally altered in Commercial Districts.
Setbacl<
See Table A - Schedule of District Regulations Lot and Yard Requirements.
Building Height in Commercial Districts
As provided in Division 'j '15 of this ordinance..
Off Street Parking
As provided in Division 90 of this orclinance.
In addition to Division 90:
('I.) Space for a single vehicle shall be nine (9) feet by
Eighteen (18) 'feet or larger.
(2) Off street parking area shall be surfaced INith asphalt or
concrete, and with permanent concrete curbs to define
driveways and parking limits. Plans and specifications
for parking areas shall be reviewed by the Rice Creek
Watershed, and approved by the City. Approval from
the City will occur only after completion of the site plan
review process. The site plan review process requires a
hearing before the Planning and Zoning Committee and
the City Council.
(3.) There shall not be off street parking within five (5) feet
from any street right of way nor five (5) feet from any
other lot line.
Page 33 of82
3 Amended: 9/4/01
2 Amended: 6/27/01
1 Amended: 1110/01
Eflective 9/5/00
City of Centerville Ord. #4
(4,) Also see Division '165,
Buffer Zone Between Commercial and Residential Districts
Where a Commercial District abuts a Residential District, any new development
shall include a buffer zone. There shall be a protective strip of not less than ten
(10) feet in width. This protective strip shall contain no structures, shall not be
used for pal-king, off street loading, Of' storage, and shall be landscaped. The
landscape treatment shall include a compact screen wallar fence, but shall not
extend within fifteen (15) feet of the street right-of-way. The planting or fence
design must be approved by the site plan review process. The site plan review
process requires a hearing before the Planning and Zoning Committee and the
City Council. Per Division 70.
Screening Requirements
If the City Council requires any type of screening as a condition for a variance or
special use permit; tile applicant shall comply with the following conditions:
1. File a copy of the screening plans with the Zoning Administrator.
2. The screening, planting or construction, or both shall be complete within
one year from the date of the building permit, subject to extension by
the City Council.
3, The screening shall be maintained after cornpletion.
landscaping
A minimum of ten ('10) percent of any lot shall be green space, Three (3) percent
of the surface area of the land within a parking area shall be landscaped with
grass and shrubbery or other approved ground cover. Landscaped areas will
continue to be maintained by the property O\Mler 011 a continuous basis. Green
areas within abutting street right-of-ways will also be maintained by the property
owner. See division #'160 for other requirements,
Site Plan
Site plans for all developments requiring a special use permit must be submitted
prior to the issuance of building permits. At least the following information shall be
submitted for review:
1. Site development plan.
2. Building plans, including building elevations, indicating mass, building
materials, and color of all exterior surfaces, including all materials
proposed to meet the screening requirements of this ordinance.
3. Landscape plans, including the number, species, and size of all
plantings.
Page 34 0[g2
, Amended: 9/4/01
2 Amended: 6127/01
1 Amended: 1110/01
Effective 9/5/00
City of Centerville Ord. #4
4 Grading, drainage, parking areas, items to be stored, and utility plans.
Accessory Structures
Garages, accessory structures, screen walls, buildings, and exposed areas of
retaining walls shall be of similar type, quality, and appearance as the principal
structure.
Exterior of Building
All buildings shall be finished on all sides with permanent finished materials of
consistent quality, per division 95, and Ordinance #44-A
Permitted Encroachments
The following shall not be considered as encroachments on setbacks subject to
other conditions within this ordinance:
Off street parking spaces, flues, belt course, leaders, sills, pilaster, lintels,
cornices, eaves, gutters, awnings, open terraces, service station pump islands,
open canopies, steps, chimneys, flag poles, ornamental features, open fire
escapes, sidewalks, and fences, except as hereinafter amended.
Exterior Merchandise
See section 135-140.
Lighting
See Section 135-040.
Driveways
("I.) No driveway sllall be located within one 11undred (100)
feet of any right-of-way line of a street intersection.
Said distances shall be measured along the property
line from the corner right-of-way line.
(2.) Access drive onto cOlmty roads shall require a review
by the City Engineer. This review shall be measured
along the property line from the corner right-of-way
line
Special Use Permits
As provided in Division 200 of this ordinance.
Criteria for Issuance of Special Use Permi!. When reviewing an application for a
special use permit the Planning and Zoning Cornrnission and City Council shall
considered the following criteria:
Page 35 of 82
(1.)lmpact on traffic.
(2.)lmpact on parks, streets, and other public facilities.
(3. }Compatibility of the site plan, internal traffic circulation, landscaping and
structures with contiguous properties.
(4.)lmpact of the use on the market value of contiguous properties
(5.)lrnpact on general public health, safety, and welfare.
(6. )Compatibility with the City's Comprehensive Plan.
3 Amended: 9/4/01
2 Amended: 6/27/01
1 Amended: UIO/O 1
Effective 9/5/00
City of Centerville Ord. #4
Signs
As provided in Ordinance #39.
Refuse
1. All premises shall be provided wittl, at owners expense, an adequate
number of approved containers to hold the garbage accumulated by
such premises. Such containers shall be made of metal or other
suitable rneterial, shall be water tight, insect and rodent proof, al1lj shall
be of a material not easily corrodible anel equipped with suitable
handles and tight fitting covers and shall be kept covered when there is
garbage stored therein.
2. Garbage and rubbish containers shall be placed at the rear of tile
premises or in such a manner as to be out of view from the street. In no
event shall container or their enclosures be placed or maintained in
such a way to unreasonably inteiiere with the use or enjoyment of
adjoining property.
3. All garbage containers shall be screened wilt-I a suitable enclosure.
4. Every garbage or rubbisrl container shall be maintained in as sanitary
condition as is possible and shall be thoroughly cleansed as needed. If,
upon inspection by the Administrative Authority a container is found to
be ill poor repair, GOrcoded or other'vvis6 dofective the Administrative
Authority shall notify, in writing, the provider or lIser of the container of
the deficiency and shall require the repair or replacement of the
container within fifteen (is) days. All container enclosures shall also be
kept in good repair.
Penllitted Uses
A Retail sales and service, but excluding adult orientated bllsinesses.
B. Automobile and motorized equipment sales and service, excluding
salvage operations.
Page 36 of82
C. Farm implement sales and service.
J Amended: 9/4/01
2 Amended: 6/27/01
J Amended: ]/10/01
Effective 9/5/00
City of Centerville Ord. #4
D. Building supply sales and storage yards.
E. Funeral homes and n101"tuaries.
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.
l1li. Barber/Beauty salons.
N. Commercial schools.
O. Hospitals and clinics.
P. "Jul"sing homes.
Q. Commercial recreation.
R. Animal clinics.
S. Car washes.
T. Liquor stores.
Section 080-100: Industrial District (I-i)..
Purpose
It is intended that the 1-1 District provide opportunities for light manufacturing and
p""" 17 "fR?
3 Amended: 9/4/01
2 Amended: 6i27/01
I Amended: 1110/01
Efl(:ciive 9/5/00
City of Centerville Ord. #4
industrial uses, trade businesses, machine shops and other more extensive land
Llses.
General Minimum Requirernents
The following minimum requirements, as set forth tlerain, shall apply to all
buildings that may be erected, converted or structurally altered in Industrial
Districts.
!"'ermitted Principal UsesfUses Permitted on Special Use Permit
As provided in Section 080-'100 of this ordinance.
Setback
See Table B- Schedule of District Regulations Lot and Yard Requirements.
In addition, side yards facing streets on corner lots shall be considered the same
as front yards. INhere a front yard or side yard of a corner lot faces a residential
district across a street, the setback from tile street shall be not less than 60 feet.
Building height in Industrial Districts
As provided in Division 115 of tllis ordinance
Off Street Parking
As provided in Division 90 of this ordinance.
In addition to Division 90:
'I. Space for a single vehicle shall be nine (9) feet by eighteen (18)
feet or larger.
2. Off street parking areas shall be surfaced with asphalt or
concrete, and with permanent concrete curbs to define driveways
and parking limits. Plans and specifications for parking areas
shall be reviewed by the City Engineer, and approved by the City
Council prior to construction.
1. All open street parking areas having more ttlan six (6) parking
spaces sllall be effectively screened by a wall, fence of
acceptable design, or compact hedge along all sides which
adjoin or are directly across the street from the property in a
residential zone or institutional use. Such wall, fence or hedge
shall be maintained in good condition. Plans for fencing shall be
approved by the City Council. The fence shall not be used for
adveliising purposes.
4. Parking constructed to fall within the minimum setbacks: See
Table A.
Page 38 of82
3 Amended: 9/4/0]
:2 Amended: 6/27/0]
1 Amended: 1/10/0]
Effective 9/5/00
City of Centerville Ord. #4
5. Off street parking areas shall be so graded and drained as to
dispose of all surface water. Drainage plans shall be subject to
approval of the City Engineer.
6 Also see Suction 165.
Buffer Zone Betweenlm:lustriai and Residential Districts
Where the side yard of any Industrial District abuts a Residential District, the
minimum side yard setback shall be 60 feet. Parking of vehicles will be permitted
within 40 feet of the side yard line. All side yard areas not utilized for parking shall
be landscaped with screening provided along the side lot line to within 15 feet of
any public right-of-way
Screening Requirements
If the City Council requires any type of screening as a condition for a variance or
special use permit, the applicant shall comply with the following conditions:
1. File a copy of the screening plans with the Zoning Administrator.
2. The screening, planting or construction, or both shall be
complete within one year from the date of building permit, subject
to extension by tile City Council.
3. The screening shall be maintained after completion.
4. A dollar amount of one and one-half times the estimated cost of
planting and construction of the screening, shall be filed with the
City in the form of a cash escrow or letter of credit. The cash
escrow or letter of credit amount shall be forfeited to the City if
any provisions of this section are violated.
Landscaping
A minimum of ten (10) percent of any lot shall be green space. Three (3) percent
of the surface area of the land within a parking area shall be landscaped with
grass and stlrubbery or other approved ground cover. Landscaped areas will
continue to be maintained by the property owner on a continuous basis. Green
areas within abutting street right-of-ways will also be maintained by the property
owner. Also see Section 160.
Site Pian
Site plans for all developments require special use permits prior to the issuance of
building permits. At least the following information shall be submitted for review:
1. Site development plan.
2. Building plans, including building elevations, indicating mass, building
materials, and color of all exterior surfaces, including all materials
Page 39 0[82
'Amended: 9/4101
Z Amended: 6/27/0]
I Amended: 1/10101
Effective 9/5/00
Citv of Centervi]]e Ord. #4
proposed to meet the screening requirements of this ordinance.
3. landscape plans, including the number, species, and size of all
planting".
4. Grading, drainage, parking areas, items to be stored, and utility plans.
Accessory Structures
Garages, accessory structures, screen walls and exposed areas of retaining walls
shall be of similar type, quality, and appearance as the principal structure.
Accessory structures shall comply with all of section 080-100.
Exterior of Building
All buildings shall befinished on all sides with permanent finished materials of
consistent quality, per division 100, and amendment #44-A
Permitted Encroachments
The following shall not be considered as encroachments on setbacks subject to
other conditions within this ordinance:
Off street parking spaces, flues, belt course, leaders, sills, pilaster, lintels,
cornices, eaves, gutters, awnings, open terraces, service station pump islands,
open canopies, steps, chimneys, flag poles, ornamental features, open fire
escapes, sidewalks, and fences, except as hereinafter amended.
EJderior Merchandise
See section 135-140.
Lighting
See Section 135-040.
Driveways
(1.) No driveway shall be located within one hundred (100) feet of
any right-of-way line of a street intersection. Said distances shall
be measured along the property line from the GOrner right-of-way
line.
(2.) Access drive onto COUllty roads shall require a review by the City
Engineers.
Special Use Permits
As provided in Ordinance #39.
Page 40 of 82
3 .1l.lllended: 914/01
2 Amended: 6/2 7/01
I A,mended: ]/10101
Effective 9/5/00
Ciiy of Centcrville 01'd, #4
Reful>e
1. All premises shall be provided with, at owners expense, an adequate
number of approved containers to hold tile garbage accumulated by
such premises. Such containers shall be made of metal or other
suitable material, shall be water tight, insect and rodent proof, and shall
be of a material not easily corrodible and equipped with suitable
handles and tight filling covers and shall be kept covered when there is
garbage stored therein.
2 Garbage and rubbish containers shall be placed at the rear of the
premises or in such a manner as to be out of view from the street. In no
event shall container or ttleir enclosures be placed or maintained in
such a way to unreasonably interfere with the use or enjoyment of
adjoining property
3. All garbage containers shall be screened with a suitable enclosure.
4. Every garbage or rubbish container shall be maintained in as sanitary
condition as is possible and shall be thoroughly cleansed as needed. If,
upon inspection by the Administrative Authority a container is found to
be in poor repair, corroded Or otherwise defective the Administrative
Authority shall notify, in writing, the provider or user of the container of
the deficiency and st1811 require the repair or replacement of the
container within fifteen (15) days. All container enclosures shall also be
kept in good repair.
loading facilities
Loading facilities shall be in the side of rear yards. When adjacent to and/or
visible from any public street, such facilities must be adequately screened.
Storage
For the purpose of this zoning district, car, vans and pick-up trucks parked (lutside
and used by ernployees and/or visitors in the normal course of the business
operation will not be constructed to be outdoor storage. Further, outside parked
trucks and semi-tailers used in the normal business commerce will not be
constructed to be outdoor storage;
-j. Provided that the total number of trucks and semi-trailers does not
exceed the number of docks and/or bay doors, and
2. Such use is not constructed as an operation listed as a conditional use
in any industrial zone.
Permitted Uses
A Business and professional offices.
Page 41 of82
3 Amended: 9/4/0]
2 Amended: 6/27/0]
1 Amended: I/] 0/0 1
Effective 9/5/00
City of Centerville Ord. #:.!
B. Machine and repair shops.
c. Construction trade offices and yards.
o Manufacturing, warehousing, distribution, processing, packaging,
assembly and research uses, except waste management.
E. Indoor shooting/archery range and sales.
F. Truck terminals. (Special Use Permit required)
G Mini-Stora~(Special Use Permit Required).2
H. Kennels (Special Use Permit Required)
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: Publiclinstitutional District (17'-1).
Purpose
it is intended that the P-1 District provide opportunities for government facilities,
schools, churcrles, hospitals, libraries and other similar public and institutional
uses.
PcnTiitt~d U$~it
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.
Section 080-120: Mixed Use District (M-1).
Purpose
It is intended that the M-1 District provide for the unique layout and character of a
traditional central business district with retail, professional office, residential, and
2 Amended: June 27, 2001
Page 42 of 82
other illixsd uses.
.3 A..1l1ended: 9/4iOl
2 ~4..mended'. 6J27/01
1 J..:mended.: 1/10/01
Effecrive 9/5/00
City of Centerville Ord. #4
P'ermiUed Us"s
PL Retail sales conducted wi/hin structures, but excluding
automobile end motorized equiprflent sales, truck stops,
gasoline and fuel sales, drive through restaurants.
B. Hepair and service conducted vvithin structures, butsxcluding
autornobile and motorized equipment repair.
G. Professional and business offices.
D. lVlultipie residences and accessory uses.
E. Accessory apartrnents.
F Theaters and recreational busineS$3S conducted \,vithin
structures.
G. P!Jblic buildings.
Spedal ,equin,rrlemt<>
It is the intent of these provisions to elk.lw for fiexibility of land uses and
exceptions to traditional d~rnensional standards, \-"vhen OHi8:- conditions and
special requirements aI's met. These provisions are not meant to allow
unrestricted leapfrogging of land uses or disregard for compatibility of land uses.
<3reater flexibilitv in zoning regL.ilations often leads to (ClOre subjectivity in land use
il'-t.....l(rr-~tR~'inr1i'.'" in r~"l~::'ik!';t'l ~y\hif'\l1 J~c::.':.ric-ir.H',~ ~h",u,f k,~"",-.I I ,,]"'f-.~ ...........,'''-...,,..,..,,.;;/-.,;1:,(..., "_._~.,....l
.. j'"j', ,J. H _,,'._, j''-'' __., J ...... .../.~ .__..".~ ...,'-"...........jV,...... '--'<l."-""'..H ''''=<1 '.....l \.h..J'-' ~""Wi ; q-'CilllJI/l Y ollu
dimensional criteria for uses and structures, the City shail have broad discretion to
protect the public health, safety and welfare; and to protect Ihe resid,,>ntial integrity
of the Mixed Use District and surrounding residential neighborhoods
Setbacks and lot coverage for new or expanded structures sriall be determined
througll the Site Plan Review process Dy the Planning and Zoning Commission.
(See Division 70) Factors to be considered in the determination shall include; but
not be limited to, existing setbacks, structural appearance, site drainage, public
access, pedestrian safety, automobile safety, intersection visibility, height,
parking, landscaping and olh;:Jf site design factors. Residential dwellings shall not
be prohibited or discouraged in the M-"j District.
Page 43 of 82
3 Amended: 9/4/0 I
2 Amended: 6/27/01
1 Amended: 1/1 % 1
Effective 9!5/O0
City of Centerville Ord. #4
Tr16 use or conversion of a residential structure for comrnercial use, oIlier than a
home occupation, shall require Site Plan approval by the Planning and Zoning
Commission. Factors to be considered for S.uell a use conversion include, but are
not limited to, compatibility with adjacent land uses, structural appearance,
structural adaptability, investrnenl relationship, term or length of conversion
(interim or permanent) and consistency with allY land use plans prepared by the
City for the Mixed Use District.
The ar'chitectural desiGn and exterior building materials Llsed in connection with
any new or expanded use or structure shall be consistent with any architectural
design or aesthetic contml requirements established by the City for the i\ilixed Use
District.
Division 85: Zero Lot Lines
In new residential subdivisions in IV1-i, R-2A, R-2, R-:3 and !i:-4 Residentiai Zoning
Districts, structures may be arranged to include one (I) zero Intline provided that
no windows or doors open on !iiis side of the structure. The appropriate setbacks
apply.
Division 0t~: P<iir~inq Reql5irementl>
T~re following table illustrates the minimum number of par-king spaces required fO!'
various uses permitted in the Gil]!. The City may madiIl1 minirnLiIl'1 parking
requirements in the lVi-I District, as part of tile Site Plan Approval pmcsss, if it is
cleterrnjn9c~ that the use is consistent \Nith the purpose of the diSh-jet and SIceet
parklng is sufficlent to accornrnodate the use.
U~:se~
~ih~h'r~inn PiEl~ck~n(~ f~equked
Resid&(iliai.. .
C' 'h
nurc es ....
. 2jdwelling unit
'1/3 seals in largest assembly
,'... Hcloassroom plus '1/3 seats in largest
Schools..,.....
assembly
Theaters. ..,...,>> ..113 seats
Restauranis .... ,... .... ... '1/3 seats
Offices...... '......,........ :5/1 ,000 square foot gross 'fioo( space
Retai! .....'..."............. ,..6tl ,000 square foot gross fioor area
Convenience Slores , "...,7/1,000 square foot gross floor area
Page 44 of82
3 Amended: -9/4/01
Z AJllelld.ed: 6/27/01
1 A-.lllenUed: 1 /l 010 1
Effective 9/5/00
General Services
Trade Businesses
Manufacturing........ .............
Other Industrial.............
Car Washes ....... .......
Drive-Up Restaurants ............
Cily of Centerville Ord. #4
... 4/'1 ,000 square foot gross floor area
..... 3ti ,000 square foot gross floor area
.....3/1,000 square foot gross flool' area
...... 3/'1 ,000 square foot gross floor are
... 5/stacking per bay
..5 Stacking plus 'jj;] seats
Divi:siolfi 95: Cmnmercia! Exterior Eluiidiml Materials
Except; as olllerwis,,, regulated herein, the exterior wall surfaces of all new or
expanded commercial buildings shall consist ofrac8 brief<, finished blocl, or other
textured masonry product approved by the Planning and Zoning Commission.
Exceptions to all masonry exteriors may be considered and approved by the
Planning and Zoning Comrnission provided the following findings are met:
A. The combination or exterior materials is used as an
architectural oompliment to the structure
B. The combination of exterior materiais used is not
inconsistent with the quality and appearance used on similar'
buildings in the same zoning district or neighborhood.
C. Site conditions limit public exposure to certain exterior
surtaces v~11ere rnasonry products are not proposed.
D. An exteriorvvall (flay be ternporary and a future expansion
area of a structure and be subject to rernoval or redesign as
an iilh::lrior \IvaI!.
Buildings ans nsqulred to have contrasting archiiecluralfeatures and mList IJe
designed to be aesthetically pleasing.
DivisionW0: lnd<J<ltri<ii E,,10rlor 8!.Jih.iillr.j i\jjalerial",
Industrial buildings are required to be constructed of brick, decorative block or
approved textured masonry pmduct. Pole barn type buildings are not allowed.
Buildings are required to have comrastlng arcllilectural featllres and must be
designed to be aesthetically pleasing.
!JjVi5i,iI1 "m5~ Fem::es
P./;l"P<.J.-'\ ,..f'W)
3 P..mended: 9/4iO 1
2"~nended: 6/27J01
1 .Alnended: 1/10/01
Effective 9/5/00
City of Celltervi.ile Ord. #4
A. 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 mail be erected on the property line of
the !.espective properties. Such an agn"emenl shall be
submitted at the time of building permit appiication If the
adjoining property owner does not agree to the erection of
such l'ence, [he fence Shall be set back 8JIlinirnuI1l of two (2)
feet frorn all lot lines. No fence oirler than a decorative fence
may be constructed along the side lot lines of a residential lot
between the streel and the front extension of the dwelling
Ilouse. As used herein, the term "decorative fence" means a
\!VoDel vertical post and wood horizontal rail fence with no
more than three (3) rails or a wood picket type fence with at
leastlwo (2) inches of open space between each picket.
8. i'Jo residential fence may exceed six (6) feet In lieiglTt and no
decorative fence in the froni yarel may exceed thiriy-six (36)
inches in Ileight. Fencing in commercial/industrial zoning
shail not exceed eight (8) feet in height
c. An fences shall be constructed and mSifitalilec1 !n a
substantia!, workman!il,e manner and of rnateria\ reasonably
suited for the purpose for which tile fence is proposed to !)e
used. Every fence shall be constructed so that the side
containing the framing supports and cross pieces race Hie
interior of tile fence owner's lot. ,!l,ny fence 'NIlicll cloes not
comply with tile provisions of this Section or which endangers
'r'.A '~llhl,. r q~f~hi hQ;.::llth ,~.,. ,,'H~lf.~V',_~~I...,.~lI ,....~~'""':,_~c;~i,__,_,-::._t ";,.
~,I_' ~.i .~.'. .' '_""" _'_..I, ..~_,~,. '--'. ,.~"....,,..., ";11<':~11 i-Jv v~..II';;':::lUC;i,""U '-
pubiic nuisance.
Be;c't~iOn i05.,(1l''H}: 5na,v~f...St0iP Feii'l&~ng" Snovv-stop fencing rnay !.")8 used iroiY]
November 'j to Aprii i. No pennit sllai: be required for temporary rencing
Sectkm 'W5-iCl2e: Eiectrk iJind 8m'bed \Nine Fefoce, Electric fences, hog wire
fencing, barbed wire fencing, and similar fencing will nol be allowed e)(cept in the
R-1 District.
SecHonl~15=GJO: VhsiJJa~ Ob~trrL.l(;'id'on~" No fence rfl2iV be erected 'vvhich creates
,
P-;4O""", .J.,c, nF i~/}
}P-..mended: 9/4/01
:1 Ali.1enued: 6/27JOI
1 ;l,.:n.l'=lide.d.: 1/10/01
Etfe\~tive 9/5/00
Ctty ofCentenille Ord. #4
visual obstructions at any intersection, alley, driveway or street for safe vehicular,
bicycle or pedestrian movement
Section 105-040: Swimming POOl Felidng. No prh :le swimming pooi with a
water depth exeeeding twenty-four (24) inches may be allowed unless enclosed
by a perrnanent \i\/ali or fence not less than six (6) feet in height vvith self-dosing
door and seif-closing latch,
Diifi;c;icmHO; Si{Jr; Riil'tlUiiltioms
SecHoni'W-Q'j:[I: G.ane,al Pmvisiom;.
See Ordinance #:39.
!]hfisiO!fl "!'15: }l'eiQl1t
S~3ctk)n '>~ ~~5=iD"H]: OVlja~~~ng$" i\lo d\;velling {)( i)H'I~.3r builcHng rnay be erected to a
heigl-'n exceeding thirty-tiv8 (35) feet 'without the issuance of a Special Use Pernlit.
'Secl:ion 'lii5otl2u: !:Ul:llSS Height on ii!i Permit Uponlhe securing of a Special
Use Permit any building mav be erected to a height exceeding that specified fOf
the respective district providing:
,4_.
.1"I"e' 'f'I'n','I'; "6'.r ~I"<~""'" .~I'd'- ~'.lal'l "c l.r"lc,'o'"~e' ... u""'~ (' 'I ','h"I"
,. 'U ,1.1! ;:;j a ....~ '-'1..1'-" Y(..1<..~ ,:;, IJ\.> ,<;;;;C!"" U III::: i ,Uv
rOf each one ('I) foot by Wllich the buiiding exceeds the height
limit estabiished for such district; and
P<_.
The structure is 8(j~J tl"'i6 fC-ikYvtlh t8. t6tENlStOn and (adio
tovv'crs; church spires, bellrje~; cnonurnents] tanks, \ivater and
nee to\!v'6rs, grain elevators; stage tovvers and scen6ryiotts,
cooling tov'iers, ornamental towers and spires, chimneys,
elevatof bulkheads, smokestacks conveyors, fiagpoles, silos,
and air conditioning and heating units; and
\j
1\30 lower', gabie. spire, or similar structure shall be used for
sleeping or eating quarters or for any commercial purpose
e)(cept one ('I) incidental to the permitted uses of the main
buildinq
v
1_
Page 47 of82
Diviskm 12u: Vim;:!""
3 A~llellded: 9/4/01
:2 ?...Ine;Uded: 6/27/01
1 Amended: lIlO/Ol
Effective 915/00
City of Centerville Grd. #4
Section '12Q-010: General Requit&!lumt:!L The minimum depth of front yards,
I'ear yard and side yard for each District shail be as defined in the Schedule of
Regulations and conform to the following additional regulations:
A. Ail structures, whether aHached to the principal structul"e or
not, and whether open or enclosed, including porches,
carports, balconies or pistforms above normal grade !evel
shail not project into any minimum front, side or rear yard;
and
B. LCt5",",hdHiiBU::C~R~6-fi~&ti'~ffii-i&~d:) tioe
~li;;g~~ af8fl\r8~€it -gea~~~~
e~li R€~49>~j~~~iffl5e-5ig~"€!--s:3~aGI",
~i3"~1~
B. Lots which abut on more than one (1) street shall provide the
required f(ont lIards alon>] eacll street for the prineiDal
structure. Side liard setbacks fm an accessory buildino wil!
appjv to the frontaqe that is not considered \0 be the required
front val'd; and j
C. Any principal structur:3 situated on lands contiguous to 01
abutting any portion of the public lakes in Cenierville shall
maintain yard setbacks of seventy-five (75) feet from the lake,
this may be considered the front yard setback. Whel-a
adjacent structures ilave yard setbacks different from these
(equji~fnonts, 'i:rls llljnimurn setlJacK troin the lake sllall be the
average setback of such adjacent structures to a minimum of
fifty (50) feet; and
D. The minimum side or rear yard depths for the following 1l01l-
I-esidential structures or uses which abut any lot in allY
Residential District shail be:
1. Olr-street parking spaces S\llci access drives for ncn-
residentiai uses - Twenty (20) feet; and
2. C.tlurches, schools and public or semi-pubiic structures
1 P..mended: JfHlU1J'(V' 10, 2001
f,__~.~ ,iD _i::"n,-\
3 ..-'\mended: 9/4/01
2 Allltnried: 6/27/0 1
1 Amended: 111 O/Ol
Effective 915/00
City of Centervil1e OId. #4
- Forty (40) feet; and
3. Recreation facilities, entertainrnenr
facilities, all business uses and all
industrial uses - Sixly (60) feet
5el;iioi1'120..tl:20: Cmi"ipu.lt!i1g fu.tmt Y:i.iirds. For the purpose of computing front
yard dimensions, measurements shall be taken from tile nearest point of the front
wall of the buildino to Ihe street right-of-way line subject to the following
qualifications:
A.. C.ornices, canopies, or ea.ves rnay extend into the requinsd
front yard a distance not exceeding two (2) feet, six (6)
indles; and
B. A landing place or uncovered porch may extend Into the
required front yard to a distance not exceeding six (6) feet, if
tile landing place or porch 1188 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; and
C The above 'enumerated architectural features ma)1 also
extend into any side or rear yard to the same extent, except
that no porch, terrace, 01" outside stairway sr,ell project more
U18n 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 tile steps. In no case shall a porch, stair
landing, or ariy oUler archjtectural feature extend closer U'"ian
fC:J; (4) fsst'to U!~ 5~,d6 prcJp6dy iii'18; dr iU
D. On a comer lot in any Residential District, noUling 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 (21/2) and ten (10) feet above the centerline grades
of the intersecting streets in the triangle bounded by the
street of the lot and a line joining points along the street lines
fifty (50) feet from tile point 0'1 the intersection
Section 1:;N:QJ30: Erection eli' Mon, ihlJlril Om~ Principal SimG~tli"e on lot in
any district, more than one strudu(i= hOLlsing a conforming principal use may be
Page 49 Df 82
I
J .Amended: 9/4/0 I
:;: i.mended: 6/27/01
J Amended: 1/10/01
Effective 9/5/00
City of C.enterville Ord. #4
en3cted on a single lot it yard and other requirements of this oidinanca are met tor
each structure as though it were on an individual lot Required on-site parking
space shall be provided on the same lot as the principallJuilding or use, except
that combined Q( joint parking facilities may be provided for two (2) or more
buildings or uses in commercial districts and in industrial districts, provided tllat
the total number of spaces is not less than the sum of ti,e requiiernentsfor each
building or lise, The proposed joint parl{ing 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 shaH be fiied with the County Recorder's office
Division '125: Periorm,ulc& Stanctan::!s
Ever'} use permitted by this ordinanCe'! shail be so established and maintained as
10 comply with the provisions of this section. The Council may require the owner
or operator of 8 use permitted by this orclinance to provide such tests or
investigations by an independent testing orfJanizatlon satisfactory to the Council
as are necessary to show compliance wllh these standards. The cost of such
investigation and lests sha!! be shaied equally by the owner or operator and the
City unless the results disciose non-compilance wilh these standards; in that
event, the entJr'8 cost shall be borne by the owner 01' operator. This provision
does not preclude tile City from making any investigations and tests it finds
appropriate to determine compiiance with these standards.
Qivisil:m 'a::m: Oi1~5iil:", SeWiiifj<tl Treal:~1rjifmj: Sta.ldaru$
l-'n,,- i'.l~'a' II.-'l',.-,r --'I.ld' ""'n'~I.'.' O.T'" l.r'O'I."I'dl ''''1' v. "'I.t,,,, "'~\'''''r .."'''.t......... '-1'1""1'\. I'"'' '.'.1
I . .t ~.. ., G ,t.,) I 1 Cl '~~l'd I J ...:let Ul t-".., '-' ....CJ,,;C ~y"", C:lll:-:l;;.'l ..... >.J'-i
corr'iplianc8 vvjUl !\Jllnnesoia Pollution Control AgenC:l F<ules, Chapter "7080.
A.
Permit Reqtlired:
pump an on-slle
perrnit.
l'~o person shall install, repair, aiter or
sewel' system without first obtaining a
B.
License Required: installation, repair, pUITlping and hauiing
of private on-site sewer systems requires licensing per IVIPCA
Rules, C[lapter 7080 as administered by the County.
1_-
Page 50 oni2
3 Amended: 9/4/01
2 A.ll1ended: 6/27/01
I Amended: 1110101
Effective 9iS/OO
Cit:'f of Centerville Ord. #4
wlvisiml 135: i\iui$i1iIlGi/:l Sta"d""ds
Section i35~10: Odo,s and Emh;,;,k,m." Odors and emissions trorn any use:
shall not exceed this regulations set torlll by Minnesota Pollution Controi Agency
Rules.
SilcCtth:m '135..010: iJm'lt illnd P21rtiGl1iaIe. Oust and particulate rneUer fmm any
use shail be WI compHane,s with and regulated by Minnesota Pollution Control
Agency Rules.
Section '!35-0JO: 1\]01;:;" and Vibratioi1$. Noise and vibrations generated from
any use shall be in compliance 1Nilh and regulated by Minnesota Pollution Control
Agency Rules
Section 135-040: (,!ara, Direct or reflected glare, such as from flood-lights,
spotlights, or tligh ternperalure processes, and as differentiated from general
illumination, shall not be visibie beyond the site of origin at any property line. Any
lights used for e:cterior Iliumination si1ali be directed away from adjacent
properlies.
Section '135-050: Wnste, All waste ,;Jenerated from any use shall be managed in
compliance with and regulated by Minnesota Pollution Control Agenoy Rules.
Waste generated on any premises shall be kept in containers designed for waste
collection and stored in a structure or within an approved enclosed m screened
area. The accumulmion, storage, processing or disposai 01' waste, compost or
recyclabie il1aterials on any prenlises, \fvhich is not generated on that prernis~~s, is
prohibited, except as specifica!ly provided in this Ordinance.
Sect~on "~,35~060: Sg'no~{e. Sriloke shal! be ITisasured at the point oi: ernission by
using the Ringelman SmOI(8 Chai~( published by tile United States Bureau of
Mines in Circular No. ";7'18. Smoke not darker or more opaque than No. 'Ion that
chart may be emitted except that smoke not darker or more opaque than NO.3 on
the chart may be emitted for a period not longer than four minutes in any thirty
minutes. Ti,ese provisions applicable to visible gray smoke of a different color but
with an equivalent cepacity.
Sect~of~ -~35",070: FUITaes ~r G@5~$~ Furnes or gases shan not be ernitted at an~l
point in concentrations that are noxious, toxic, or corrosive. The values give in
Table I (Industrial Hygiene Standards - Maximum Allowable Concentration for
Page 51 ofg2
3 Amended: 9/4/01
Z A_mended: 6/2 7/0 1
1 i!"mended: 1/1 % 1
Etfective 9/5/00
Ciiy ofCenterville Ord. #4
eight (8) r'iour day, five (5) days per week), Table III (Odor Thresholds), Tabie 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 b,9fore the issuance of a Building Permit.
Section 13!l-080: Fire H~z1iird$o Any activity involving the use or storage of
flammable 01" 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 \!\Iith the potential danger involved.
Section 'i35-09!l; j;k PO~lutior;. Every activity shall corrfonn to stms legulations
reiating to air quality standards and air poilution control.
Section 135-100: Radl,ladivit!! or Electrical Disturi:lance. No activity shall
emit dangerous radioactivity at any point or any electrical disturbance adverseiy
affecting the operation of any equipment at any point other than that of the creator
of such disturbance.
SeGtjon 135,.1 "!O: iE}(pk'",ive5. Any activity or operation requiring the use,
storage or manufacturing of explosives sheil be iocated no closer than five
hundred (500) feet fnJrn any residence, provided further that the location of said
activity or opisration is such that damage from explosion, including flying debris,
VIbration or sn1oke~ is iin1ited to the sjh~ on vvhich tile activity or operation is
p6riTiitt6d.
S;f.:C't~(;'n 'L$5u;'~ .20~ Burruh~g~ ~\jo person shall start Of alio'ViJ an~i open burning on
any property in the City v>lithout first having obtained an Open Burn Permit. Any
person setting a fire 01' burning anything in tile City shall do so following City Fire
Depaliment, Department of !\Jatura! Resources and Minnesota Pollution Control
Agency Rules. Recreational fires three (3) feet x three (3) feet are allowed.
Recl'eationaifires must be actively attended by a responsibi,s adult. When the fir.e
is abandoned it must be completely extinguished.
PaQe 52 of g2
3 Juntnded: 9/4/01
:;; ..d.,jnended: 6/27/01
! Amended: !/lOIO l
Efl:ecti':e 9i5/GO
City 0f Centerville Ord. #4-
Sectkm H5430; Bulk SWrSige. The storage of ail bulk liquids, fuels, chemicals,
and gases shail be in compliance with and regulated by Minnesota Pollution
Control Agency Hules, Minnesota Slate Fi,'e Marsllai rules and the iViinnesota
State Building Code.
Section -j35,~14(J; Out:;;ide Slani!;!)e, ,"',II produCts, materials and equipment,
(sxcept as specificaHy provided in this Ordinance) shall be stored vvitl1in permitted
structures) except for the follovving:
t:{esidentiai Districts and Dweig~ng Uiii~s In the M,.1 Di:strk:t;
A. A,gricuJh.wa! products) equiptT"lent and appurtenances o\:vned
by the owner of the property and used on the property on
whicl'l they are f(ept; and
B. Pel! licensed and operational (notor vehicles shall be parked
on the permitted driveway area. Any non-licensed, non-
operational \fehicles must be stored in an enclosed structure;
anel
c. 1\ jTlaxirruJI1l of tVIiO (2) of U-:i8 follovving units nia)! be stored
outside of a structure for more than rOl1y--eight (48) IIOUrs on
any residential parcel provided they are stored on tile
permitted driveway area outside of tile roac! right-of-way or
are in a side or rear yard_ p" iic(~nsed motor 110me or fifth
vvheel trailer is allO',Ned in a side or rear yaff.l
.j.
Boat
Camp~r
Motor hOine
Sno\lvrnobile's
Personal watercraft
Personal Utility Trailer
lee House
Sma Ii construction eqLllpm8nt
2.
h
...;,
4.
5.
6
7
, .
8,
j\jone of the above 111entioned iterns (nay have an Qverall
length from front to bael, in excess of thiny-five feet (35'),
D. C~othGS linesl antennas, air conditioners\ outdoor grills, play
Page 53 of82
equipment, ornaments and monuments: anci
3 .A..mended: 9/4/01
2.Amended: 6/27/01
1.1i.,Jllended: 1110/01
Effective 9JS/DO
City afCenterville Ord. #4
E. Temporary storage of materials and equipment during
construction and landscaping.
Commiil)n:;i"mmJJustri<il1 Districts:
Storage of products., l1latecials and equipment, exciuding 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. Outside display of vehicles, equipment and merct18ndise 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 ,"squired for U'le display area and any additional landscaping or
screening which may be required. See Division 70.
Division '140: Sm1ii3l,:eWaterMaw'i!iem\!ml
Storm water shail be managed in accordance with the City's Surface Wate,"
Management Plan, National Urban Runoff Program (1IlURP) standards for the
design of new storm water ponds and tile Minnesota Pollution Control Agency's,
Urban Best Management Practices, titled "Protectino INater Qua/itv in Urban
AreasU. niSea standard shall be applied to tile review of any proposed
development occurring to reduce non-point source pollutant loadings in storm
water runoff.
Existing natural dr31nagsv.lays) natLlral vlIater storage or n:3tentlon areas? and
vegstJtGcl ~30i! sL:rrzc3s Sf";CLl:d ba Li3&G t;.:~ th~ Qi.'6dl:Gsi c)d~(ji. pO:jsible tu BrUIt.;,
fHter anc! retain storm WEiler runoff before discharge occurs into any public waiers
When natural features and vegetation are not available to handle storm water
rUllO''!', constructed facilities such as diversions, settling basins, skimming devices,
dikes, and manmade waterways and ponds lTIay be used. Preference shall be
given to designs using surface drainage, vegetaiion, and infiltration rather than
buried pipes and manmads materials and facilities. Development should be
planned and conducted in a manner tllat will minimize tile extent of disturbed
areas, I"unoff velocities, erosion potential, and reduce and delay runoff volumes.
P~I{}2 <:;:d nf ;'1")
3 Amended: 9/4/01
:1 Amended: 6/27/01
j ft~l1ended: 1110/0 1
Effective 9/5/00
City of C~nterville Ord. #4
Division 145: Wetland PmtectiiJl1 ",lid MilIl1ag",ment
In accordance with tile Wetlands Conservation p..ct of
regulations sl'lall apply to wetland areas:
fjC<l'2}"'J
1;J""'l,
the following
fl., Permanent natural buffer areas and appropriate erosion
control measures be taken surrounding vvelland areas to
prevent sedimentation of the wetland; and
8, Wetlands may not be drained or filled, wholly or partially,
unless replaced by restoring or creating wetland areas of at
least equal public value, VVetland encroachment must be
guided by the following principles in descending order:
I.
Avoiding the direct or indirect impact of
the activity that may destroy or diminish
the \!vetlancl; and
2.
Minimizing the impaGt by limiting lrl&
degree or magnitude 01' Hie wetland
activity and its implementation; and
"
v,
Rectifying the impact by repairing,
rehabilitating, or restoring the affected
vvetiand environment; anrJ
4,
R,sducing or elirninating th6 irnpact OVel"
rlloor,,;;\ hI' ~"""'.'~'''''~i'~'''':_~';';~';''' _~,,~.....J ,,~........;,_:,-,-~,,_,,_._
,d'j,-, ''"''.}' r--......-''-''J V Uti I....; I \ o::lil\~i IlidllllCliGlIII...C:
operations during the life of the activity;
and
J. Replacing 01- providing substitute wetland
resources 01- environments.
Dhf~sij(jn -~ ~n~ V\ii[j:.0~je,Bt~'nd P~":es~rvatfio~']
In residential areas, structures shall be located in such a {nannar tJ'!at the
maximum number or woodlands shall be preserved, if large numbers of trees are
cut in residential areas, trees shail be replanted in a density and manner
P;H~.f: ~~ of g2
3 Amended: 9/4/01
:2 ....i.:inended: 6/27/01
] A-nended: jIlO/OJ
Effective 9/5/00
City of C<.;nterville Ord. #4
satisfactory to the City Ceuncil. Clear cutting of woodlands for non-agricultural
purposes is prohibited, unless the action involves a utility or (Gadway, required by
the public, and includes a reforestation plan required by lhe City COLlncil.
Di\lisiOri 155: fn::ilskm and SI'ldimei1tatioil Contml
No land occupant 0;- developer in the City shall cause or concluct any land
disturbing acilvity which causes excessive erosion or sedimentation, or which
results in damage towaler or soil resources, All development in the City shall
conform to tile natural limitations presented by the topography and soil types in
order to minimize soil erosion and sedimeniation, Erosion and sedimentation
controls shail be.consislent with the MPCA's, "Best fvlanagement Practice"
land ,jistlirbing activities shall occur in increments of workable size such that
adequate erosion end sediment controls can be provided throughout all phases of
the development. The smallest practical area of land shall be exposeej or
otherwise disturbed at anyone period or time, Areas where natural vegetative
barriers are not enough to contain erosion and sedimentation from penetrating
water bodies, wetlands, \.ivater courses or neighboring properties shall be staked
witli silt fences ane! straw bales,
Oiviskm 1St!: La,'ldsc,min!1!
Section 'ISO~01iO: Minimurn t"CIliil.1tmes. All new development activities,
including site modifications or use intensifications, shail be subject to landscaping
improvements The following lable illustrates guidelines witllin eacli zoning
district:
D~$i~~~;t I (vvek.~tiDtri Tn&~~ I Fi::'jU?~iLta~lliOn P~ail1~ings4
R-1 --1 2 trees/unit/street froril2Qe1~--=-l none ______
R-2, 4 & 5 12 trees/unit/open space exposure2 I None
R-2A i 8 trees plus 2 treesfunit3_ . i none
8-'1 r 8 trees or '1J3000 sq, fL site area'" "1/'10 ft building 8, parking
I ---I area .'
Page 56 of g2
IVI-1
3 Amended: 9/4/01
2 A..mended: 6/27/01
1 Amended: ill % i
Eftective 9/5/00
Citv of Cc-utenrille CId. #4
1[8 trees or "1/3000 sq. ft. site area5 II mo it. building & parking
1 area
18 trees or '1/3000 sq. fL site area5l. 1/10 ft. building & parking
I area
Ii 8 trees or 1/3000 sq" ft. site area5 I~/:~~ ft building.& parking
I dIce.!
p-"j
1-'1
2
Trees shal! be deciduous and planted at the
boulevard, except on cul-da..sacs v"here one of the
required trees may be planted off the boulevard but
in tile front yard area .
Trees shall be deciduous. Unit exposures wittl
street frontage shall be planted at the boulevard.
Tree spacing must include tmes at the boulevard at
rninimum fifty (50) foot intervals.
Tile caiculation for U"le number of foundation
plantings is based upon one ('I) planting for each
lineal foot of building perimeter and parking lot
perimeter. Plantings may be group,?d (ather than
dispersed at ten ('10) foot intervals.
The (equired number of trees is based upon a
minimum of eight (8) trees or one ('I) tree per three
thousand (3000) square feet or site area, whichever
is greater. Tree spacing mllst include trees at the
boulevard at minimum fifty (50) foot intervals.
4
5
Sect~un >~ t)O~02i]: ftji~n~rraj[1I1 Standanj5.
A. (J\j;:::rslorv I rees:
1. Deci,:juous Tu-eei3: 1,,0 and one half (2"1i2)
inch caliper planting size, balled and burlapped.
2. Congf~l(ou$ 'rns~$: Six (6) feet Hl height
planting size, balled and burlapped.
B Foundation Plantinqs: Coniferous and deciduous shrubs
shall be planted at a minimul'n of one-third the mature spread
and height of typioal growth habits.
Page 57 of 82
:} .Amended: 9/4/01
2.A-.1nended: 6127/01
1 P...mended: UlOlDl
Effective 9/5/00
City of Centervil1e Ord. #4
c. Boulevard Trees: All boulevard trees shall be hardwood
shade trees or flowering trees.
o Overstorv Mix: When multiple quantities of overstory trees
are required, at least seventy-five percent (75%) of t~le trees
n:;quin~d shall be rjeGiduous trees.
E. Hardiness: /".il lanl1scape inateriale proposed shall be
consistent with Minnesota Hardiness Zones, whether
indigenous or foreign. Plant species must all be tolerant to
snovl! storage, exposure to salt and sun scald in parking
areas.
i- Diversification: in any cleveloprnent in which at least eight (8)
ovemtory trees or foundation plantings are required, at least
three (3) varjeties of boulevard trees are required on each
side of ti,e block.
(:,
~.
Warranty:
warranted
planting.
All required landscape materials shall be
for gro\tvth for {3 nlininlUfYl of t\iVO (2) years after
Oivh'!iicm '!!'lS; Otf,Sti'eet f'arkil1q
Wilen a building Is enlarged, additional off-street parking shail be required only
witll respect ta the additional usable floor area. Parking spaces may be located
on a lot aU-ier than that containing the principal use with the approval of the City
Council.
Secttson "~ij5~G'H)~ 'Cl~8i~]ge ~n F~'t;~n[h~))s"Ptn Gff-stl-.set paddn{J area shall not be
changed to any other use until equal facilities are provided elsewhere. No parking
area used or designated in connection with a building in existence on the effective
date of this ordinance shall be reduced to provide fel/ller than ths minimum
number of parking spaces required under this Ordinance,
Sectioll 165"02u: Gff~Stre",t Parking and Loading Z0I1<1$. No building shall be
liereafter erected, substantially altered, or its use changed unless off-street
parking and loading spaces have been provid.9d in accordance with the provisions
of this ordinance. The Ilumber of off-street parking spaces provicled shall be at
least the minimum number provided in the schedule contained in this Sectioll.
FaQe S8 of 82
3 A.111ended: 9/4/0 I
2.olJ.l1ended: 6/27/01
I .J..:mended: 1/1 % 1
Eflective 9/5/00
CilY ofCenterville Ora. #4
Si!>c[ion '1 65-u30: Off"5tri:l8't Loading, A loading space shall have minimum
dimensions of not less th2ill twelve (12) feel in "vldth, fifty (50) feet in length,
exclusive of driveways, aisles, and other circulation area. One (I) off-street
loading space shall be provided ane! mainlalned on the same lot for each
commercial and industria! use requiring regular deiivery of gooc15 and having a
modified gross floor area of more than ten thousand (10,000) square feet. One
loading space shaH be provided for €lacl"1 additional twenty-five tllous;;md (25,000)
square feet or fraction thereof No off-street loading space shall be iocated in any
yard adjoining any residential use. Required off-street loading space shall not be
induded as off-strc"et parking space in computing required off-street parking
space. Vailidss utilizing such loading space shall not project into the public right-
of-way
SeiCtion '!!l5.!Y4!l: l~f$icti<:;n"l Space. When an application of the standards of
tills Ordinance V\litll respect to number O'f off-street parking spaces results in the
need to provide a fractir)n of one ('I) space, anyrraction of one-half (1/2) or less
stlall be ciisregarded and any other fraction shall 06 COllstrU6G as one ('I).
Section Hill-iHiO: Uses Not Mentiml<lct For any use not specifically mentioned
In the sci"leciule of off-stree:: parking and loading requirements, the number of
spaces required shall be that requir8d for that use named in ihe SChedule which is
determined by the Planning Cornrnission to be most similar.
Section .j~ll:.,Stij: Spaces f<0f Ftlve or ,'!m:m, ,~utomvbiie5. Parking areas
cons~sting of fiv'e or '(nore off-street parking spaces sh.all have individual spaces $0
rnarked and st1all be so designed: rna:intained and nsguiated that no parh::ing or
JTlSH1GUVsring incidental to parking shall be on a.ny public street) \ivalk1 or alley and
so that anv vehicle nlay be par;<~~d end unp8f\<'Gd \J,/ith\~Ut lY10\riHg another.
Seciacn!l .~iM5....01~j~ IH1qp(GiVi6;{{Il'1;frt ;Bind wh~~rrteniVJnce. Required FJarking and
loading spaces, to!Jether with driveways, aisles, and other circulation areas, shall
be improved in such a way as to provide a duralJle and dust-free surface. All
parking and loading areas shall provide for proper drainage of surface water to
prevent the drainage of such 'Nater onto adjacent properties or walkways. The
owner of any parking or loading area shall maintain the area in good condition
without holes and free of all dust, trash, an(j other debris.
SGct~Qln 165""'uaO~ ~~cce$s. AJi off-street parking aress shaH have access 'fn)fn
driveways rather than from pubiic streels, said driveway access shall be limited to
Page 59 of 82
twenty-four (24) feet in width at tile public street line.
3 ?..mended: 9/4/0 1
2 Amended: 6127/01
1 J:..mended: 1/10/0l
Elfective 9/5iOO
Cily of Centerville Ord. #4
Division HO: Buik!!!"!,. Nurnbers
:Section 'J1'i'I-ul(J; Numbers RequiriSu" 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 airixing to said building such numbers
in metal, glass, plastic or other durable material. The ilumbei"s shall not be less
!r"i<3n six (6) !nOnes in height, in a contrasting color to the base, and so placed to
be easily seen from the street.
Section '171)-1>>::20: Alternative Disph:l.Y" In those cases where the principal
building is obscured frorn view from the street of address by accessory buildings,
trees, shrubbei"Y or other visual obstruction, the numbers shall be displayed from
a permanent mounting on It''le propeliy so that they are clearly visible from the
street of address.
Division 115: Spmi:!'1g,jA.thieih:, and ~\,;'Iusic :Events
Sporting~ athletic, 8H~id lnusic concert events, as defined hereii\ snail be penTiitted
by Special Use PenTlit in the Residential Districts of the City of Centerville, subject
to the following requirements:
Ad Sporting! athletic, or lTIusic events shail be defined as the
conducting of such evenls by Individuals, non-profit or pm!it
organiz8tiof'lS, palinerships or corporations \iVrlerein
participants and/or patrolls are charged an entlY l:ee for U"'!8
right to participate in such event andJor cornpete for
'''''''''._.~''I.:::-.-j-.C:Jn.i ",. n.,"-,'--......;......<::"~....,j.,c:'-_ ~.-:'"'7'.-_...' ;e".._.,,--. -'--.'~ ---<'.-' .-.~".._-." :.-.,.,' "..J
!, ;L:. ,',-,~___, y ......, ",t:"., v' lUllwl.:o'CO I-'ll,,-vv. uLlv; I ~V"-;:lll;;:, '='lldil Ii lL;IUub,
but not be limited to, softball, football, \lollayball, broombali,
ice or field hoci,ey, tennis, basketbeil tournaments, Dr
outdGOi" music; concerts; and
'"
d
Such activities s!lall be considered a Special Use within all
Resiclential Districts of the City and stlall {"equii"8 a permit
therefore. The City shalll18ve the right to make provisions in
such pei"mit for insuring public health and sanitation, traffic
regulation, noise and littsI' control and regulation on the
number of events that may be
conducted on a speci'fic site.
Page 60 of 82
~
3 Amended: 9/4/0]
2 Amended: 6/27/01
1 Amended: ]/10/0J
Effective 9/5/00
City of Centerville Old. #4
,!Jivi5Don 11$0: P!armed Unit Developme!"ts IPUDs!
Sectioill 'l i"H1o(j'! lJ: Objectives. To help encourage a more creath!a 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 Option to achieve:
Slwbd. 'I:
S\UJbd" 2~
SubdL .3:
;Subd,4:
S.Jbd,
A maximum choice of living environments by
a!lowing a variety of IloLlsing building types 8n,j
permitting an increased densil)t per acre and a
reduction in lot dimensions, yard, building
setbacks, and area requirements; and
A i110re useful pattern of open space and
recreation areas and, if perrlliiled as part of the
project, more convenience in the location of
accessory commercial uses and services; and
A development pattern which preserves and
utilizes natural features, trees and other
vegetation, and prevents the disruption of
natural drainage patterns; and
A rnOfe efncient use of land and a resuiting
substantial savings through shorter utilities and
streets; and
,11, development pdHern in harTnony 'vvith
USe d6(r6ilV, ilclliBpundiion faciihies,
cornrnunity facilities objectives of
cornpreilensive plan
land
ana
the
~"G~lon i~(i"U1\.J; (iier,,,,r:ai Requke'!\'ier;ts, ,; special use permit shall be
required of all Planned Unit Developments, The City may approve the PUD only if
it finds HiS deveJcprnent satisfies all tliS fo!lovving standards:
Sutn:L 1:
The development shall be planned so H~lat it is
consistent \rvith the Centsrville Conlprshensive
Pian; and
Page 61 of82
Bubd. 2:
S~,J[H:t j~
SlJb~.4:
Subd. ~:
S~jb"t 7:
SuM. (I:
3 .Amended: 9/4/01
:2 A.mended: 6/27/01
1 Amended: 1/1 0/0 1
Effective 9/5/00
City Df Centerville Ord. #4
The PUD is an effective and unified treatment of
the development possibilities on tt1e project site
and the
developlTlent plan prov!des 'for the preservation
of unique natural arnenities such as streail'lSI
slrearn banl\:s) vvo()deej COV6(, rough terrain, and
sirniiar areas; and
The pk;nned unit tieve!oprnent proposal
appears to harmonize with bolrl existing and
proposed deveioprnenl in the area surrounding
the project site;
and
The tract of land shall be under unified control
at the tirne ,of application and scheduled to ~Je
developed as one unit. in aadition, the
developnlsnt plan must include provisions for
the preservation of natural amenifies; and
EBerl phase Df the proposed c1e\/siopmentl as it
is proposed 10 be cOinpleted, is of sufficient
size, composition, and arrangement that its
construction, marketing, and operation are
feasible as a ccrnp!ete UI"'llt1 and tl'ltal proviSion
and construction of dwelling units an(j common
open space are balanced and coordinated; and
T~-;8 PUr:;; \i~;in net cl'&atls itn eS:,~CG56;''Jt:: UUI\Jbi j Uli
parks, Sdlools, str-sets! and other public
facilities and utilities \t'ihich serve or are
proposed to serve the district; and
The proposed totEll dev610prnent is designecl in
such C1 r11anr!er 8S to forrn a desirable and
un/fjed enVirOnlTl€nt \tvHhin its OVvTI bounda(jes;
ancl
The plans requin~d undef' this Section rnus'i bE;
submitted in a form which will satisfy the
Page 62 of 82
3 ?.J.l1cnded: 9/4/0 1
:2 i-lJ.lle..'1ded: 6/27/01
1 }!t..mended: 1/10/01
Effective 915/00
Cit~;., of CenterviHe Ord. #4
nsquirements of Ordinance #8 lor the
preliminary and final plans; and
StlJlJrcL ~:
Permission to develop specific parcels of land
under the pn:wisions which follow shall be
bjnding on an CCHlstruction. Any change in the
development plan after approval by the City
Council shall be resubmitted for consideration;
and
S...h(L Hj:
Subdivision review uncler the Subdivision
Ordinance shall be carried out simultaneously
with the re'Jiew of a PUO under this section of
the Zoning Ordinance.
SectkuinJ -~8n-.Q;~o:' Us:as P$~Ti1rHtecL Pernlitted uses rnay include any
combination of dweliin() units in single-family, two-family, tOVWl or (Ow houses; any
non-residential use to the extent such non-residential use is designed and
intended to serve hle residents of the planned unit development; public or private
education facilities; or other Ijses permittee in the Zoning District in which the
planned unit development is located. \Nhen a PUD proposes a mixture of
residential uses with commercial uses, theCouncii may limit the development of
not more than ten percent (10%) of the tract to cOIYimerciai uses.
Sectio!1 1(JlD-il40: Relationship i~f rUD Sit.e to Adjacent Areas, The design of
a pun shall take into account the relationship of the site to the surrounding areas
The perimeter of the PUG shall t'e so designed as to IYlinimize undesirable impact
of U~le PUO on adjac~';2nt j:Jn:>pe!iies: and ccw!vers6iy: to nlinirnize undesirable
. .",,~,........., ........ ,....:;: "'. ,.1;", -"'-"" ,,...':" ;."'"..., .~~ "'._.._. _~,_ ~l ...f._. _ _.,.; ~-:_"-~ ......_ ,-, -,_'. -.J....". ','__ .",' '. _~ ", '.'. ,~,,,.. ~. .,.-..
Ii 1 ~!--,a,-,~ c.....! Q\.lJ,;;,l'iV>':',1 j~ lal lU ~.l~\;:; G! IU u'!;:J,vt::;UFI j itl ~t 1....<1 i'~ll C'lt.;lt:?~ !bUC:S Ul! H It.? ~ uu.
'F-,,~,,"'.'"'H'" '.',,",l~('\"''': '\lI""""'~'i'''Y'' ';;;->,.' !\ G',' '1')' "'pll. '.''''''':~I.. "1' .-..[ 1,-,OQt..l'.'-ll'.10'\ 'acr"'"
.=.".'......II.~"""~ u 'U 'IdI~J"v. hi ~ " ~ ~ 1:. ~ """'~~o;:;" j"",< I j, ,-~l ,::;:',t l.A.!1 h"li:l U .'::l. ...;;:';,;~... .C: \ , J '_n.~_
Section .mQ~1J.:;o: Minimmn Lot. Slz:;;, The minimum iot size requirements of
other sections of this Ordinance do not apply to a pun except that the minimum
lot size requinsn1ents of the unoerlying zone shali SEiPie as a general guideline to
determine the maximum dwelling unit density of the totai development
SectkwJ 1fjiOJ.J711: S",tbr,GI, and Sid~ '<{an:! Requinements. Not\iVitl"istanding
other provisions of this article, setback and side yard requirements of lots in a
PUD shall be at leam eoulvalent to tile spacina reouirements of buildings similarly
, - ,
Page 63 of 32
3 Arne-nJed: 9/j/0 1
1.Amended: 6/27iOl
1 .-'-ullended: 1IIO!Ol
Effective 9/5/00
City of Centerville Ord. #4
deveiopeCl under the terrns of this (H'dinance on separatE: parcels_
Section '!8!i-(jSli: Access to Public Right-Df~Wail" Tile site of a PUD shall
abut, ane! the !'najor internal street or streets serving the PUD shall be connecteej
to, at ieast one prirnary arterial, or neighborhood collector street
Se;Gtuc(t '18~]'"~]!JO: UtR~h:y R~quirerneff~t~" Utiiities, inciuding telephone and
electrical systems, installed within a PUD shall be piaced underground. Utility
appurtenances, vvhicfl can be effectively screened" rnay be 8xc(.::pted rrorn this
requirement if tile City finds that slIch exception viii I be consistent with the
objectives of this article and the character of the proposed PUG.
Section '18iO-"!Oi!:i: Op<ei"l Sp<lG6, A. minimum Qf tfJenty peroent (20%) of the
gross land 8i"88 for private or public open air recreational use protected by
covenants runl1lnf] \ivith the laniJ Of' by conveyances or dedicated as the Planning
and Zoning Commissioil may specify shall be an integral part of the plan. Such
Open StJ8.ce areas shall not \ndude {and devoted to streets, parking and prlvate
yards. Whenever possible, common Open Space shall be linked to the Open
Space areas of EKjjoining developments. Cornrnon Open Space shall be of such
size, shape, character, and lecations as to be usable for its proposed purpose.
Sectior~ 18u~"~'~ o~ P~M'k~ng. O'ff-stn3\3"t pal"king and loading space shall be
provided in each PUD in the sarna ratios for types of buiidir~g5 end uses as
required in the underlying Zoning District
S~{;t~~}n ""~80~i A~Ttlttg~rIiH~nt of Cztrjllf~K~l({d&n U~l$$, \N'hen i~ PtJD includes
cornrnerr~i3j uses, CGiTitnerdaJ builcHngs shaH be planned as groups having
CGiYBT!nn pzrk!ng areas ane! Gr;rnrnon ingress anel ,9gress points. Each
(~r1nln18r(~i,::t~ an.~Et '3h~n ry:: 3epsr2tStj "{rcern ~)t1t.;tU;'.:g (s.3kiGr~tj5; araa6 bY' appi'ci~(iat&
screens (), fences. li.le design of cornrnercial areas shall provide for the
integrated and l,armonious design of buildings and for arjequate and properly
arranged faciiities 'for internal traffic) circulation1 landscaping! and such other
features ;anel fBcilities 8;3 n18}i be necessary to iTiaka the srees attractive and
efficient frorn !Ii," 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.
Sect~Gl~ i3~l~1:j,t]~ AiiY3ngefif'htSif'it ()f!ndt]fJ;tfi~~ ths~~. in any PUD including
industrial uses, the industrial uses shali be provided in park-like surroundings
Lltilizing iandscaping and existing woodlands as buffers to soreen li(~hting, parking
Pa~e 64 of82
3 ~q.mended: 9/4/01
:1. .~..lliended: 6/27/01
1 P...i'11ended: 1/10/01
Etlective 915100
City cf Centerville Ord.. #iJ
areas, loading ar&8S and outdoor storage of navv' rnaterjals or products. An
industrial area in a PUD shall provide for the harmonious design of buiidings and
a compact grouping in order to economize in the provisions of required utility
services. Streets in a planned industria! ama shail be kept to a minimum in order
to reduce jT,-~fflc. All spaces between the right-of-way line and the industrial
building line and ail inter./ening spaces betvveen buildings, drives, parking areas,
and iInprovecl areas shall be iandscaped 'with trees :and plantings and properly
maintained.
S~ction i8f>>-14o~ PnJcedurec
Pre~AppUC.12tt~Oift Mee:ting. Be-rof& subrrdHing a fonnal application ler a PUD
unde;- 55.03, tile developer shall meet with lhe PI;snning and Zoninr;J Commission.
The purpos" of this meeting is 10 discuss early and informally the purpose and
effecl of this Ol-dinarice and lhe criteria and standards contained in this Ordinance
and to farniliarize the deveioparvvH.h the Cit}/s COinpn.=:1hensive Plan, including the
land use picH"!l the major thoroughfare plan; and the parks and Open Space plan1
and 'with Hie subdivision regulations and tlle drainage, S8\1Ver) ~""?lnd v\rater systenlS
of trie City.
Sectuon 1ifhl,/~f1)iO~ j\pp~icaH~)WL An 8pr;iication for approval of ;3 PreliHlinary
Development Plan lor a proposed PUD shall be 1118c1e to tile Planning and Zoning
(~Qrnn1ission, bY' at least one o\,vner or lessee of property for which the PUD is
proposed. The -application shall be accornpanied by a certified crl€Gk or n'10ney
order to COV6( the costs incurred in Ghecking and precessing sLlch plans in an
arnount affixed by reSOlution of the C!ty Council. The app!icL~tjon vvith
acconlpanyjn~J (jutiln~~ DeveloplYient Pl.an shall be subrnitte-d in tvveivf3 ('j 2) ctJpies
and shall inciude:
;.
J"'\,
A \lic1nitv rnao 81' a SG8!e of one {'j "y': hlcl~; sCluals tINe) hundred
. ,,' I - ..
fifty (2S0) feet sho\Jving property lines) existing streets!
existing zoning, and such othe( items as the Planning and
Zoning Commission may require to show Hie relationship of
tl1:5 'IJroDosed PUD to the Cornprehensivt-1 Plan of the Citl)(, to
, . .
existing schooIs and oHler cornmunity "facilities and servIces,
and to the surmumjing area; and
I:~
'--'.
jl, oreljrninarv oiaf'! of the PUG in sci-iSn-li:;tlc fern) shovvina tile
, J' ....
following:
P::jo-,"": IS':; n-fi,;'}
3 Amended: 9/4JO I
2 J;.J:llended: 6/27/01
1 Amended: 11101G]
Effective 9/5/00
City of Centerville OId. #4
'I. The existing topographic character of the
land; and
L A composite of all natural amenities of
the site including sleep slopes, (lrainage
\)\laY8 pius rnarshes, ponds and lakes;
and
3. The size erf sile and proposed uses of the
lam] to iJe 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
s.
The approxirnate
thorougrrfares; and
!ocatiO(i
~..J I
t), The location of cornrnon open space
including public schools! pafl(S and
playgrounds or private natural preserves;
and
/ . Ti'le O'ff.~st(ef..:t parking sy:stenl.
C A \i1,t(jtlen s'lsternent lndudirlQ U'16 fCiikJvving:
1.
}1, st:i'l61 '1"IC(I( t~k lite: UVI!I ie: ::jhjp ui: 2lii land
':nvolved in thIS PUD tOfJ\~ther vvHI, a
sUl"l1rnary ot previous \Nork experience;
and
An e){planaUon of the gerlsrai character
of the planned deveiopment; and
-,
0.
A S'l8ternent describing the ultlrnate
ownership and maintenance of all parts
of the development inciuding streets,
structures and open spaces; and
Pa~e 66 of82
3 A.mended: 9/4/01
2 Amended: 6i27iOl
1.Amended: 1/10/01
Etlectiv~ 9/5100
City of Cellterville Ord. #4
4. A staternent describing hevJ ali
necessary
gO\jr,~rnrnentaj services \vill be provided to
the development; and
5. The total anticipated population to
occupy the PUD, \fVitfl brsakdol,Jvns
indicatinq the number of school age
children, aduits and families,
D, The proposed schedule for the development of the site,
E >~, staiernent setting fortil tj16 reasons VVhYl in the opinion of
the applicant1 the PUD vviH be in the public interest and
consistent 'Nith the objectives specified for PUOs b~i Section
51.
'Sei;;{~On 'liBO~'160: Actimm,
Stnod_ '~
BV Ci}rrmr'J!is$iiJU'1L \/\1ithin sixty (60) days of the -tiling of
the application, the Planning and Zoning Commission
shail 110lcl 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 tlleriling of the application
,-,,' .:\ '0 '",\"'-( lil'll'" ""","",,,"1 '('. "v th," "'pnll'c"'nl' 11'18
UI t;;j Q !c;ii..... ~" C \;...;~I t~....L. ,U uj ,I:;:;;'~.. u r. ..... 1 .
Piannin~~ and Zoning Cornrniss!on Sl1~~!l (el~O~THn~-3nd
approval or disapproval of t.he pf'slirnil1ary proposai
with such cli8nges and conditions as it may suggest
and shall transmit its recommendations to the City
Council. In its recornri1endations tile COITl111ission shaH
determine whether the proposed PUD is consistent
\ivith the objectives for PUGs speciJied in Section 5-1
and with tile Comprehensive Land Use Plan of tile
City; and whether Hle benefits, combination of various
land Lisas, if proposed, and the inter-relationship vvith
the land uses in the sLirrounding area justify ilie
deviatioil f(Om standard district reguiations allowed by
Page 67 of82
Subd 1.0
3 Amended: 9/4/01
2 Amended: 6/27/01
1 ;l"mended: 1/1 0/0 1
Effective 9/5/00
ell} of Centerville Ord. #4
this ordinance for pu~S.
By Com,di. Upon receipt of the recornmendations of
the Planning and Zoning Commission, the Council
shall consider the application and, after holding such
f'H !1'....II'r: ;nG''''r;I'cJ ::;:;c' ii~ """.a."....,~,.".lc.' d>c.:Q:'I"~b.i~ sh.....n :.':'r"I'C(~'if;:; Q^
1"'~".,.I .~ l ......,0 , ';J -..h' ,~ 1~!....l;:;'il.J' 4.<iG....., ::;1 IV1 ,=G!lo df.J....,1 Jvv I
disapprove "[rIe application vvith SUc!l changes or
conditions, it any, as it may c\aem appropriate. Refusal
of any changes or conditions shall Gonstitut.-:l 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 pi ails
for the development have been approved by the City
Councii under the procedures provided in
followlnD sections
SeGtiml ~2ij~'M7[j: iPUD Agr!l\em.,\1t The Zoning AcJiilinistralor shall Instruct the
City Attorney to draw up a PUD Agreement which stipulates the specific terms
and conditiofiS
approved by the C:;;ity Council and ace,spied by the applicant This agreerllent
shall be signed by the Mayor of tile City of Centerville, Clerki.A.dministmtor and the
applicant within thirty (30) days of the City Council approval of the PUD
application and final plat. Where tl,e PUD application andlor final plat is to be
resubmitted or denied approval, the City Council action shall be by written repon
setting fortll th6 reasons fo( its aciion::L
Eh:'4<;~,~\IJ;~C~ ~;DO~g ;~~~i':1~ ~~i!,;;tvfe\tV liind ApPk"C'VCl~. }'\.n ap~:::;licanon T(j( reVI&\t\/ anG
approval of the final developrnent pian silali be filed by the applic~ani \lAth the
Planning and Zoning Commission within six months of the date on vvhich approval
of the preliminary plan was given by the Council. if application for final approval is
not made within tr16 time required, the proposal shaH be considered abandoned
unless an extension period is requested and granted by the City Council.
Se~;tion "~80~~H30~ DOCtJ~1']e~1t~:A~kH'ii Ri2;qugn~d~ The final application shall be
accompanied by the follo\rving supporting documentation:
A. A final pian of HiE: PUD in 8chernatic O(orrn indLlding the follo\Ning:
~jlilfie 68 of B-2
i.
3 Amended: 91410]
2: Amended: 6/27 JO I
1 Amellded: 1/10/01
Effective 9/5/00
City of C<:::nterville Ord, #4
T~1e street systern, lot layout and off street
parking and loading plan; and
."\
L.
The use, height, bulk and approximate
location of buildings and other strllctlJ\"6s;
and
co
w
Land areas to b(~ cOll\ieyed1 dedicated or
reserved for parks] parkvvaysl
playgrounds, school sites, public
buildings, and similar public and semi-
public Llses; and
-4.
PI site plan for each building site and
common open area, SI.lowing
approximate location of buildings,
structures an(j impmveroents; and
I::
.'-'.
Generalized elevations and perspectives
of all structures; and
6.
/\ site grading plan indicatjn~1 the
direction of flow ot surface drainage and
an easernents necessarv for both
ponding and runoff; and
.7
,.
Pians, profiles, and speci'ficatiof"iS for the
distribution of \i\Jaterj collection or sariitary
'0'l'/88~8 Qilei St0tti"i VV6LCk; -8(1(.\
8.
A landscape plan indicating the location,
size and type of plant materials to be
used; and
C.
,J.
Pians, profiles, typical sections and
specificatiansto! proposed street
improvements; 8il(j
"jO.
The density of lanei USE to be allocated to
the several pcHis of the site being
Page 69 of 82
3 _A..mended: 9/4/01
j Amended: 6/27/01
1 ~s..meIlded: 1IH}/0l
Effective 9i5/00
Citv of Co.::nterville Ord. #4
developed.
B.A \ivcJthsn staternent including:
'1.
The approj'drnate date when constructiOl'"l
'NiH bagin by stage of deve!oprnent si"1cl
the area of open space to be provided at
each stage; and
~'"
"
~.
,Ii,greements, provisions or covenants
vvhich govern the use; nlaintenance and
continued protection of the development
and any of its cornmon open areas; and
3
Other condilions specifically required by
the C0l11mission and the Council 'for tile
particular pun.
Sectitli1 '!8l:J-2~;[): Action Cr, Final App!icatioi'L ProcedurE for action by H16
Planning and Zoning Commission and the Council on an appiication for review
and approval of the finai plan ror a pun shall be the same as prescribed by this
eliicie ror tile action on the preliminary proposal. In giving approval, the Coullcil
may specify the length of time within which construction of the project must be
begun or be completed: and it rnay attach such oU"jer conditions as seenl
necessary. Tile final developrnent pian shall be in generai conformance wilti the
preliminary development plan as approved.
fit. Cd'u:erda 'i,or j~ppf((}Vi@t The firidings necessary for approval
01-: boih the preiirninary and 'final CleVe!Opn1Bnt plans silall be
based on the following and describe in what respect the plan
\vould or \j.jouJd not be in Hie public interest.
'1. The pian does nol conflict with the
Centerville Comprehensive Plan.
L The plan is designed to form a desirable
clnd unified development within its own
boundaries.
::. The proposed uses will not be
P:-:10',,"" 70 nf H?
3 A._mended: 9/4/01
2 j....J.llen,-i.ed: 6/27/01
j .'-";,.mended: UlO/Ol
Effective 9/5/00
City of Cent>3.fville Ord. #4
detrimental to present and future land
use in the surrounding area..
4. Any exceptions 10 the standard
(;3quirements or the Zoning and
Subdivision OrcHnances are Justifie(l by
the design of the development.
5. The pian 'vvHl riot create an -excessive
burden on parks, schools, streets, and
other publicraciiities and utilities \ivhich
serve or are proposed to serve the PUO.
13 l'kti'H:;ompiifmce, In the '.:;vent the plan 8S submitted tor final
approval is not in substantial GO!Tlpliance vvHh tlie pre!iilljnar:/
deve!oprnent plan, the Planning and Zoning Commission
shall notify the applicant vviihin forty-five (45) days O'f the date
of applicatioil, $e!iing forth the ways in which the plan is not in
substantial compliance
"j. Ti'16 applicant (nay treat :such notification
as denial of preliminary approval; or
2. The appiicant (nay re-me his plan so that
it does substantially comply with the
outline deve!oprnent pleIn; or
3. Th(~ appllcant rna)i file a \i\ifitten reqlJ~jst
\;~;!th the Pk:;nn;ng 8ncl ZO(II(I~~
COlliiTii'3Sicn that it hold a oubiic hearincl
, ,>
on his 1'<3QU8st 'for final approval. Any
such hearing shaH be held within tlliiiy
(30) days after the request for SLlch
11881'ing. Within TO/iy-five (45) days of
sLlch hearing the Planning and Zoning
Commission shall either grant or deny
pre!inlinary' approval to the plan
B. f~nidi j~ppn:nlE1~" The City' Council shall cevie'N and appfov6
the Final Development Plan if it Is in substantial compliance
Page 7101'32
:3 iu.1lellded: 9/4/Gl
:I: ftJnended: 612;"/01
1 Amended: 1110/0]
Effective 9/5/00
eiLY ofCemerville Ord. #4
\Nith Prelin1inarj! Developrnent Plall. FoHoiNing friisi. Hie
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 Hie procedures
outlined for
trio Pre!inlinary Deve!oprnent Plarj.
Si:icliCiIl lu{)-;Z.Hl: Time lhliit If '"vor!, on tile PUD is not started within three
l110nttls of the proposed schedule date after final approval has been granted,
approval shall tenYiina'ta unless an extsi"""ision period is requested or granh~d by the
City CounciL
Sect~Qn '180=:220: j~Y'U1l1Ua~ R;tHi~E~\i'V" The Planning 8fltiZoning Cornrnlssion shall
reVie\N an PUD Districts within the Citv at hS8st once each vear and shaH rnake a
~ "
report to tile City Council on tile status of the development in each of the PUD
Districts. If the City Council finds that development has not occurred within a
reasonable time ansr the original approval, the City Coullcil may Instruct the
Planning and ZOri!ng Cornrnission to initiate nezoning to the original Zoning District.
by removing the PUO District fwmthe Official Zoning Map
5~ctiOijl 180....230~ l1.\nle](~d!JI{~ent~~L ji,rnendrnents rnay be rilade in the apprOVel]
final plan
vvhen they are shol:-vn to be required by changES if) conditions that have occurred
since tlle 'finai pian vv'8S aPPfoved or by changes in the Deve!oprnent Policy of the
City.
p". \\/iirHJr changes in the lec3tjof'I., sitting, .snd hSlght of buildin1Js
anCi structures jTlay os authorized by the City Engineer if
requested by engineering or other unforeseen circunlstanc8s.
B. AJI other charlges in use, rearrange\nent of 10tsI blOCkS, and
open space, must be authorized by the City Council under
procedures outlined ror amendment of the Zoning Ordinance.
S",d:iol1titl!1l-Z411l: Comple*in11" Completion of the PUD shall be certified bjt the
Planning and Zoning Commission on the Final Development Plan. Thereafter. H'ie
use of land and tile construction, modification, or alteration of any buildings shall
be governed by the approved Final Development Plan. Changes may be
authorized only under the procedures provided belovv:
Pa2e 72 of 82
. 3 F_mended: 9i4/0 I
2 Amended: 6/27/01
] Amended: ]110101
Eftective 9/5/00
City of Centerville Ord. #4
A. I\JHncr Bja6()sic.in, alterations or lTlodifications of existing
structures may be authorized by the Planning and Zoning
Commission if they ara consistent ',vith the Intent and purpose
of the final pian and do no!: increase the cube of any building
or structure by rnOfe than ten ("iO) perc.snt; and
Changes in the use of comrnon 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
deveiopment
Se(;tHO!"~ "i 8G~~hSO: S~tB ~r81~fl7H!eil'nent~. l:!,.t arr)) till'i6 Toilo\ivinn the 3f'-')Drova! of a
P . _,
Development Stage Plan by the City Council, the applicant may, pursuant to Ihe
applicable codes of the City apply for, and the Zoning Admlnisln3tm may issue,
grading permits for the area '\",iU'iin the PUO for which Development Stage Plan
approval has been gil/en"
Sectkm 11l{J<;!SiJi: C~oi!,;>truction" i ne consiruction ana provisions of all the
common open spaces and pubiic and recreational facilities which are srlown on
the Final Development Plan must proceed at the same phase as the construction
of dwelling units, At least ono,> every six (6) months following the approval or tile
Final DeveJoprnent Plan, the Zoning Adnlinistrator shal! revlsvv ali of the Buiiding
Permits issued for the planned development and examine the construction which
has tat(en place on the site. if he/she si-lalJ find that the rate of construction of
civilelling units is D(eater then the rate at whicn common open spaces and public
~"o'l ,Oe"(''''"t" :'''JI'1a' I f~""II"t' '''''' >'~\J"O b"'''''' ,0','("""1'", ,,-',:0'" -Ild 'TI'''' 'I" +_(c< ,'"1'" "'1-'1"1 'roMI"rd
C:11 I ~'-" '.;.;Cl ,I... .'0'-" /:;.:;:1..>1 ,........ ll'::~ ~ '~vl ~ ...",.1 ~~t. .......A.'-'U d .... i"~ t"l\' ue; ~II ..... ,..I -c. ',\J~C:O \..
thjs jnf0i'TnatiiJi"i t(j H-i\i; C~)LHjCi!, \Nilich fnay revoke (he PUD Perrnit.
5h*ct~iQn 130<27'{>>~ ~'Vlii~nteY'llu~c>e oJ G{)h1Hif~On Op~n -S1Pl.lca~ Ail land st10vvn 01'1
the Fina! Developrnent Plan as cor-ornon open space rnust be conveyed to
homeoVvners associaiion or simiiar oroanization for Ihe mainIenance of the
Q
pianned development The cOlTimon open space !Tiust be conveyed to the
llorneo\;vners association Of similar orgar'jlzation subject to cnvenants to be
approved by the City Council which resirict the common open space to tile uses
specified on the final development plan, and which provide for the maintenance of
tile common open space in '" illanner V\l11ich assures its continuing use for its
intended purpose,
Page 7?) of 82
"Amended: 91410]
.2 Amended: 6/27/01
1 Alllended: 1/10/01
Effective 9/5/00
City of Centerville Ord. #4
Si.'Ictil:m 130-28(1; H,3rm"own"ro Al>i!>ordatim.. If a homeowners association is
created, lh<3 applicant shall submit pians at the lime of final plan or development
and documenls which explain:
A. Ov'i/nerst'jip and rnernbershjp fequirernents; and
B. Artides of incorporation antj bY!GVvB; and
C~. Tirne 8t\!'Jhich the deveioper turns the assc)dation over to t!"'if3
hOn160Vi/ners; and
D Approximate monthly or jiearly association ree for
homeowners; and
E_ Specific listing of jterilS {j'A+ned in cornrnon including such
iterns as roads, recreation facilit!!3:3j parldng COnlIT10n open
space grounc\: and lJtHities.
Oivisi(;!'l '1(55: ''\Iarjiil.!"'';'''''
Standa~"d:s
The Pianning Conmlissic:;i'l shaii l'eCornrnend 8 \/arianc6 and -ale Council shall
order the issuar1ce of such \/arh~nce Of'lIV jf it corrforrns to the follo\jijjnq standards:
, -
A. Specla! conditions EHltj drCLllTistaf'jCes Eixist \;!vhich are peculiar
to the landl structure, or building involved and do not result
rrorn th(~ actions err th~3 petitioner; .and
c. LiitJI,;:-:d ij llerpreialiQr~ Of the prUViSJOnS 01 HiLs Ordii1afK;e vvouid
(Jeprive the petitioner cif rights Gornrnonly enjoyed b}/ other
prOI)erti-es in Ule san16 district under U'i6 terrns O'f this
Ordjnancf~:; and
C, G(3ntlng the Variance requested v\iii! not confer on the
appiicant ari}/ special privilege that is denied by U1is
Ordinance to oU'ler lands, structures, or buildings in lhe same
district; and
O. The pn.;pos;sd Variance \i\fHI not lfopair an adequate supply nf
light and air -Co adjacent property, or unreasonably dtrninish or
Page 74 of82
3 P..mended: 9/4/01
2 An1.ended: 6127/01
1 A.mended: 111010 1
Effective 9/5/00
City of Ceutervil1e Ol'd. #.:1-
impair established property values within the surrounding
area, or in any other respect impair tile public health, safety,
or welfare of the residents of the cily; and
E. Any person filing a petition requesting a variance or an
amendment of the Zoning Ordinance rezoning property or
changing mgulations within any use district shall pay a fee
aecorcling to the Schedule established by resolution of the
City Council. The fee is payable at the time of fiiing a Petition
and is not refundable.
Section 185.010: Board of Appeals ,nil! Adjustmei"nts. TI-ie Planning and
Zoning COlllmission shaH ad as the 80anj of Appeals and Adjustments and shall
have the power to hear and recommend requests for the following:
.,0,.. Interpretatio,,: Hearing appeals where it is alleged that
there is an error in a decision or judgment made by an
Administrative Officer in the interpretation or enforcement of
this Ordinance or in the interpretation of Zoning District
boundaries; and
B. Variam::e,,: Recommend variances from iileral ordinance
requirements in instances where strict enforcement would
cause undue hardship because of circurnstancss unique to
the individual property under constrllction.
See/ion HI5-I}:;W: VarianciEI i"rm::etl;.,re"
A. .A.pplications provided by the City' rnust be Go!'npieted in \Mriting
prior to any consideration of Variance Petitions. Fees for
Variances are established by resolution of the City Council.
B. The Board of ,4,ppeals end Adjustments may ;-equire the
applicant \0 provide copies 01' plans, maps, surveys, etc., as
deemed necessary, 10 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 ti,e hearing shaii be posted and
Pag.e 75 of 82
3 AJnended: 9/4/01
:1 A..mended: 6/27/01
l.A..I:l1ended: 1/10/01
Effective 9/5/00
(~il:Y of Ceuterville: Ord. #4
published at least ten (W) ,jays prior to the date or the
hearing, and notice shall be mailed to each property owner
within three hundred fifty (350) reet of the property io which
ihe Variance relates. Defects in the notice or failure to notify
individual property owners shaH not validate the proceedings,
provided 8 good fait!"'1 effort ~}.jas fl1ade to cOi"nply vviH-l these
provisions.
D. Upon the hearing request, the Board uf Appeals anel
Adjustments sllall either recommend approval or denial for
the Variance and sllall slate U1S reasons ror said action.
Conditions for approval may be attached to any Variance
wanted.
E. Upon receipt of the recomrn6ndations of the Commission, the
Council shail hold whatever hearings it (iearns aclvisai)le and
shal! make its decision upon the request to grant ihe
variance. In granting the Variance lhe Council may impose
conditions which it considers necessary to meel the
standards of this ordinance and to protect the best interests
of the surrounding af"ea and the city as a whole. Violation of
any such condition is a violation of this Ordinance. The Board
of Appeals and City Coullcil must find true the following, in
ihe granting of a Variance from this Ordinance:
il. Granting a \./ariance \ivjil not
adversely affect the public health,
welfare and safety and will not be
detrimental or InJllrIOUS to property
or improvements in the
neighborhood; and
.l.. Strict interpretation or
enforcement would result in 8
practical difficulty or unnecessary
hardship that is not self created,
that is inconsistent wilh the intent
of this Ordinance and trle
Comprehensive Plan; and
Page 76 01'32
3 i-\.m.ended: 9/4/01
2 i'.mended: 6/27/01
1 Amended: 1/10101
Effective 9/5100
City of Ccnte-rville Ord. #4
3. There ace e)(ceptioilal or
extraordinary GirCllmstances or
conditions applicable to the
property, use or facilities that do
not appiy generally to other
pnJper!ies in the same districi; and
4. There are exceptional or
extraordinary circulTlstances or
conditions applicable to the
property, Lise or facilities that do
not apply generally to other
properties in the same district; and
:J. Stnct or literal interpretation would
deprive the applicant of the Lise
and enjoyment of his property in a
manner similar to others in the
same district; 8fHj
3. Granting of the vadance wil! not allow 8
Lise which is otherwise not a
permitted use Hi the Zoning
District in question.
F A Variance granted but not used shall become void one ("I) year
after its effective date.
G. hhJ app~:cutj0i~i T0i' tj-ie. :ScilllC UI i.~ssernjajjv tne 32lTiS '\Jarjance
Sh2111 be il18(je within six (6) rnonths of'the date of denl8L
SediiOn11l.lti.{130: '\farimni>s Appaal f'm<::edures.
A Within lhiliy (30) days of the action of tile Board of Appeals
and Adjustments, the applicant or an affected property owner
may file an appeal to the City Council to ihe decision of the
Board of Appeals and Adjustments. The City Council shail
set a dale for a public hearing, within forlll-five (45) days of
receipt of the appeal, to conSider granting or denying the
variance request.
Page 77 of 82
3 Amended: 9)410]
2 ilmendecL 6/27/01
1 iunended: 1/10/01
Effective 9/5/00
CitY of Centerville Ord. #~
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 onler, requirement, decision or determination made by
the administrative officer, enforcement officer, or by the
Planning and Zoning Commission in the administration or
enforcenlent of this Ordinance.
C Pmc"dUJP,," An appeal for Administrative Review rnay be
taken to tile 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 fiiing a Notice
of Appeal specifying the grounds thereof ','\lith the Zoning
Administrator, and the Council within thirty (30) days after the
decisioll. if the Appeal is not taken by the owner of the
property, which is tile subject matter of !l'le decisioll appealed
from, the Notice shall not be so filed until after it has been
servI3d upon such ovvner either in person or by mail. The
Zoning Administrator shall fOlihwith transmit to the Coullcil all
papers constituting the record upon which the aclion
appealed from was tal,en. An Appeal for an P..dministrative
Review or a Variance stays all proceedings, including criminal
proceedings in furtherance of the action appeElled from
unless the Zoning Administrator certifies to the Council that
by n9Eson of facts stated in the celiificate a st.aY' \lvould1 in ilis
opinion, Gause imminent peri! to life or property In that case
the proceedings shall not be stayed other\ivise than by a
nS$tr;~in!no order Q:2r:ted t:V;] Dc~_>:rt [if ;-'::;IJilip6t,sj"Ti: judsdiciit,H i.
The Council shall at its next regula!" meeting after the filing of
8n Appeal to it from a decision of the board set a date for
hearing tllereon, which Sl1811 be not late than sixty (60) days
after the meeting. After hearing the oral or written views of all
interested persons, the Council shalll11ake Its decision at the
same meeting or at a specified future meeting thereof. The
decision of tile Council may be appealed to the County
District Court
D!v~si()n_ .~~O~ intGi'~n~ U$cS
1-
;3r,{'_::.. '{'Q o~. ~?;!
1 <.<.5.... 'v 1,--,....
] Amende-d: 9/4/01
'1 ~tunended: f:,/27/01
1 P.L.i'l1tnded: 1/1 0/0 1
Effective 9/5/00
City of Ccmerville Ord. #.oj
Section .19!}.:iJHl: PlJrpo,""" In addition to the purposes staled 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 tllat protect the public health, safety and welfare.
Sect~on .{~ 90=i):20: App~~cat~on~ Pt)JbH~; ~"-iear~h1gt 3lifljd Pn.1iGsdvJre> The
application, pubiic hearing, notice and procedure requirements 1'01 Interim Use
Permits shall bi:; tile S:3me as 1I1OS(3 for hnendmel1ts, as provided in Section 703
aT this Ordinance. if a proposed in!erirn Lise is not listed as a permitted interim
use in this Ordinance, a text amendrnent to this On.iinance vvill be required before
an Interim Use Penni! may be considered.
Section "i!JiO"030: Tif:rmiri,ation, All interim Use Permits shall terminale on the
happening of any of the tolio\/ving events, whichever first occurs:
A. fhe date sts;ted 0(1 tr}8 penni!,
B. Upon ';inietior. of tile condition under which the permiiwas
issued.
C. Upon change in tt"!8 City's zoning reguialions that (e(1(16(.S th6
use non-conforrning.
S~~;tuvn '~S~)~i.J40: B.itrindianji~~ The 1nteflrn Use (nust {:)6 dno\lvadin the Zonjrlg
District 'INhere the property' is located. The interirn Use, nlust meet or exceed the
~.".-t.o,wla~".."...t".'ll.'d~'.'j'''' ~e..t I.'U"'I"I"' I.,'.' 1'1" JI'", ('.'1'0'1.1"',.""'''' ",'1'.,. '--'"1.",' ~'u'''J'I'ca 0' I," i~I'l'Y
1"";"",l I r I - I lo->t ,:);....1 . i '. v .::. .., . t l 1 'v ~.~> ;d .i.....-=.. ..... ... -' I c: \::l.~.I ~ c; v
Ordinanc,:js, Tile jnhj(inl use e!lust cOffiply vv,ith the specific s'tanciards for U'16 use
i,-.j-.:.,....tl.fi.:::,,~l in 'l'hi~~ ri(dil"''':H'~I"''<'' ~:.':tn"~ ""-~ :'C7::" "-.,...'.......~~~;,,,/ ':.:~.~ .;::;~i '.."'..'U.:',.,',>("Jl';': ,....j': .:;;npv'i"'!V81' \1\.,'1"""1'.'
lC" ~" ".(.- .... .. . '.' ..'~ __. ....., __.. .....~~1 "",j "-' I' l..'.....t '.....VI, 11","1.; \i1Jlu I '-<II "-' ,J. ",'..... U !;;;lr .I '-' J_ 1 " ,I v
shall be lnc:luc1ed in an intsrlrn USE: pennii agr\3erneni.
" " 't.o ..." .~..,. ,..,.... t' j.' . If
~.~~."".,.., .,.', A'~'" 'h."'""',""'~ ",-,'" 'I'.y'" "1'1'''' a...t~'''ll -o.'r".I',",'.'I'" l.h ,..,'"..,....v.," ,.', "
\lJ1IV'l.Pll.a"J;~i ~.g '!J""'<s, ,,",,~j~~lJ..>l~a. 'u~h~" I \;;; .....~' \. t ay wlL...l.,;, U i..... U e'F!') U _. '-' ......
permillo miligale anticipated adverse il'npacts associated with the use, to ensLlre
compliance with ([1& standards Of approval, to protect the value Of other propel'iy,
and to achieve the goals and objectives (If Hie Compre!iensive PIeri
D~'!.jh,;;gon '~'95: A~nenrh~lltd~t~
,'.
I"":..
AJYlendrnents to this (jfdir'!c.ll"1Ce rnav be inHiatec! bv the
. .
Planning and Zoning Cornrnissian1 City' Council or by a
P~-l'.;f~ j"q ...yf f{')
petition of a landowner or other interested party.
3 Amended: 914/0]
2 Amended: 6127/0]
1 Amended: 111 0/0 I
Effeetlve 9/5/00
City ofCenterville Ord. #4
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 Zoning Comrnission, the City Council shall consider the
recommendation of the Planning and Zoning Commission
and sl1all approve, deny or modify the request to amend this
Ordinance.
Division 200: Special Use Permits
Section 200-010: Procedure. A Special Use Permit may be issued in
accordance 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
Page 80 of 82
3 Amended: 9/4/0]
2 Amended: 6/27/0 I
! Amended: 1110/0]
Effective 9/5/00
City of Centerville Ord. #4
thereafter make such recommendations on the proposal to the Council as it
deems advisable. Upon receipt of such recommendations, the Council shall hold
wnatever hearings it deems advisable and shall make its decision upon the
proposal to grant a special use permit.
Section 200-020: Standards. The Planning Commission shall recommend a
Special Use Permit and the Council shall order tile 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 tllis Ordinance,
will be Ilarmonious 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 200-030: Denial for Non-Compliance. If the Planning and Zoning
Commission recommends denial of a Special Use Permit or the Council orders
such deniai, 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 200-0"-\0: Conditions. in recommending or approving any Special Use
Permit, the Planning and Zoning Commission and the Council may impose
conditions which it considers necessalY 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 :200-050: Expiration. If substantial construction has not taken place
within twelve (12) months aftenhe date at 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 Use 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 200-060: 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 offiling the application and is not refundable.
Division 205: Enforcement and Violations
Page 81 of82
3 Amended: 9/4/0]
2 Amended: 6/27/01
1 Amended: ]/10/0 I
Effective 9/5/00
City of Centerville Ord. #4
The Zoning Administrator is directed by tile 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 misdemeanor and upon conviction may be punished to the
maximum extent allowed by law. Each day a violation exists constitutes a
separate offense.
Division 210: Fees and Uc.msinCi
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
the review of proposed actions in the City. The City Council may require full
payment of fees and out of pocket expenses incurred in the review or proposed
actions prior to taking rinal action.
Division 215: Effective Date
The effective date of this Ordinance shall be after its passage and publication
according to law.
Adopted by the Centervilie City Council this 23rd, day of August, 2000.
{Siqnature on File)
Mayor Tom \II1ilharber
(Siqnalure on File)
City Clerk
Published in the Quad Community Press on August 29, and September 5, 2000.
1 Amended: January 10, 2001
Published in the Quad Community Press on January 30, 2001.
2 Amended: June 27, 2001
Published in the Quad Community Press on August 7, 2001
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1880 :Main Street . CenterviIfe, 9vf'JIL 55038
(651) 429-3232 . :Fa;c (651) 429-8629
STATE OF MINNESOTA
COUNTY OF AN()KA
CITY OF CENTERVILLE
NOTICE OF PUBLIC HEARING
PRELIMINARY PLAT FOR EAGLE PASS 2ND ADDITION
NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission of the City
of Centerville will consider a preliminary plat request submitted by Gor-Em, LLC. The
meeting is scheduled for Tuesday, November 6, 2001 at 6:30 p.m. or shortly thereafter at
6:30 p.m. or shortly thereafter. The purpose of the meeting is to hear all parties present
regarding the possibility of approving the presented preliminary plat for the construction
of six (6) town homes, seven (7) Single, detached town homes and one (I) Single-Family
residency for the area legally described as follows:
Parcel Identification Number R23-31-22-24-0079
LotlUnit B Eagle Pass
The City Hall is ADA accessible. Requests for hearing assisted devices or a sign
language interpreter must be received before 4:00 p.m. November 2, 2001. All persons
interested are invited to attend and to be heard, orally or in writing. You may call City
Hall (651) 429-3232 if you have any questions.
October 17,2001
Isl Teresa Bender, Clerk/Treasurer
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Published in the Quad Community Press October 23, and October 30,2001
tervi{{e
1880 Main Street. Centerou{e, M'J{ 55038
'Estaf:j[isfiecf 1857 (612) 429-3232 · YaK (612) 429-8629
CITY OF CENTERVILLE
APPLICATION FOR PRELIMINARY PLAT
DATE PAID ;00 ~I
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STREET LOCATION OF PROPERTY
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MrMrs FirstName LastName Addressl City State PostalCode
Ms. Leann Lindgren or 185')11 Centerville MN 55038
Current Center
Owner Street
Mr. & Mrs. Stan Hasiak or 6994./ Centerville MN 55038
Current Centerville
Owner Road /
Mr. & Mrs. Richard Thompson 7008. Centerville MN 55038
or Current Centerville
Owner Road
Anoka County HRA or 7026'/ Centerville MN 55038
Current Centerville
Owner Road
Mr. Harold Rivard or 7046J Centerville MN 55038
Current Centerville
Owner Road
Ms. Lorene Schmidt or 60211 Centerville MN 55038
Current Dupre
Owner Road
Mr. & Mrs. Fred Hollenkamp 6922/ Centerville MN 55038
or Current Dupre
Owner Road
Mr. Rudy Garcia or 6932/ Centerville MN 55038
Current Dupre
Owner Road
Mr. & Mrs. Kerry Knockel or 6942.1 Centerville MN 55038
Current Dupre
Owner Road
6948/ .' Centerville
Ms. Julie Erickson or MN 55038
Current Dupre
Owner Road
Mr. & Mrs. Dwaine Larson or 6954/ Centerville MN 55038
Current Dupre
Owner Road
Mr. & Mrs. James Gagne or 6956 j Centerville MN 55038
Current Dupre
Owner Road I
Mr. & Mrs. James Halstrom or 6960J Centerville MN 55038
Current Dupre
Owner Road
Raymond / Centerville 55038
Mr. & Mrs. Joyal or 6962 / MN
Current Dupre
Owner Road
Mr. & Mrs. Roger French or 6968/ Centerville MN 55038
Current Dupre
Owner Road
MrMrs FirstName LastName Address! City State PostalCode
NIT. James Becker or 6970/ Centerville MN 55038
Current Dupre
Owner Road
NIr. & NIrs. John Hagert or 6994' Centerville MN 55038
Current Dupre
Owner Road
Swift or Current Owner 6998 ./ Centerville MN 55038
Construction Dupre
Road
NIr. & NIrS' Dennis Maki or 7009 .; Centerville MN 55038
Current Dupre
Owner Road
NIr. & NIrs. Larry Boerner or 7014/ Centerville MN 55038
Current Dupre
Owner Road
Current Owner 6961'/ Centerville MN 55038
Dupre
Road
Current Owner 6965'" Centerville MN 55038
Dupre
Road
Current Owner 7003J Centerville MN 55038
Dupre
Road
Current Owner 7007/ Centerville MN 55038
Dupre
Road
NIr. & NIrs. Daniel Witham or 7015/ Centerville MN 55038
Current Dupre
Owner Road
Current Owner 7017' Centerville MN 55038
Dupre
Road
Current Owner 70 i8 v' Centerville MN 55038
Dupre
Road
Current Owner 7021/ Centerville MN 55038
Dupre
Road
Current Owner 7022/ Centerville MN 55038
Dupre
Current Owner Road /
7025/ Centerville MN 55038
Dupre
MrMrs FirstName LastName Addressl City State PostalCode
Road
Current Owner 7026/ Centerville MN 55038
Dupre
Road ,
Swift Construction or Current 7030/ Centerville MN 55038
Owner Dupre
Road
Swift Construction or Current 7034/ Centerville MN 55038
Owner Dupre
Road,
Ms. EIma Halter or 7038/ Centerville MN 55038
Current Dupre
Owner Road ,
Mr. & Mrs. R.E. Burggraff or 7040) Centerville MN 55038
Current Dupre
Owner Road
Mr. & Mrs. Lawrence Miller or 7042,;' Centerville MN 55038
Current Dupre
Owner Road
Mr. & Mrs. Andre Linde or 7050/ Centerville MN 55038
Current Dupre
Owner Road
Ms. Geraldine Westlund or 7052 ,/ Centerville MN 55038
Current Dupre
Owner Road ,
Mr. & Mrs. Bruce Sausser or 7056/ Centerville MN 55038
Current Dupre
Owner Road
Swift Construction or Current 7057/ Centerville MN 55038
Owner Dupre
Road
Mr. & Mrs. Loren Clark or 7058/ . Centerville MN 55038
CUll ellt Dupre
Owner Road
Swift Construction or Current 7059,/ Centerville MN 55038
Owner Dupre
Road
Swift Construction or Current 7062 / Centerville MN 55038
Owner Dupre
Road
Swift Construction or Current 7063/ Centerville MN 55038
Owner Dupre
Road
Swift Construction or Current 7064'" Centerville MN 55038
Owner Dupre
MrMrs FirstName LastName Addressl City State PostalCode
Road /
Mr. & Mrs. Allen Peterson or 7065 Centerville MN 55038
Current Dupre
Owner Road I
Mr. & Mrs. Malcolm Rawlings or 7069/ Centerville MN 55038
Current Dupre
Owner Road
Mr. & Mrs. Gerald Albrecht or 7071 / Centerville MN 55038
Current Dupre
Owner Road
Mr. Mike Marshall or 7075/ Centerville MN 55038
Current Dupre
Owner Road
Ms. Karen Marshall or 7077/ Centerville MN 55038
Current Dupre
Owner Road
Swift Construction or Current / Centerville MN 55038
7079'/
Owner Dupre
Road
Mr. & Mrs. Terry Chinander 7080v' Centerville MN 55038
or Current Dupre
Owner Road
Mr. Ronald Rowan or 7081/ Centerville MN 55038
Current Dupre
Owner Road
Current Owner 7084 v Centerville MN 55038
Dupre
Road
Swift Construction /
or Current 7085". Centerville MN 55038
Owner Dupre
Road
Mr. & Mrs. Jeffrey Steigerwald 7087 v' Centerville MN 55038
or Current Dupre
Owner Road
Mr. David Bies or 7088 vi Centerville MN 55038
Current Dupre
Owner Road
Current Owner 7086 ./ Centerville MN 55038
Dupre
Road
Mr. & Mrs. Curtis Nyman or 7092 v. Centerville MN 55038
Current Dupre
Owner Road
Current Owner 6971/' Centerville MN 55038
Eagle
MrMrs FirstName LastName Address! City State PostalCode
Trail
Current Owner 6975/ Centerville rvIN 55038
Eagle
Trail
Mr. & Mrs. Lawrence Stanger or 6977'/ Centerville rvIN 55038
Current Eagle
Owner Trail,
Mr. & Mrs. Hubert Casper or 6979/ Centerville MN 55038
Current Eagle
Owner Trail
6983,1 ,
Mr. & Mrs. Clarence Waldera or Centerville MN 55038
Current Eagle
Owner Trail
Mr. & Mrs. Wallace Jensen or 6985) Centerville MN 55038
Current Eagle
Owner Trail
Swift Construction or Current 6989/ Centerville MN 55038
Owner Eagle
Trail
Mr. & Mrs. Ronald Klein or 6996./ Centerville MN 55038
Current Eagle
Owner Trail !
Current Owner 699lV Centerville MN 55038
Eagle
Trail
Current Owner 6997 .j Centerville MN 55038
Eagle
Trail
Mr. & Mrs. Steve Harding or 7058'; Centerville rvIN 55038
Current Eagle
Owner Trail
Mr. & Mrs. Brian Hoffinan or 70591/ Centerville MN 55038
Current Eagle
Owner Trail
Mr. & Mrs. Nathan Newman or 7060/ Centerville rvIN 55038
Current Eagle
Owner Trail
Ms. Kathleen Fuller or 7061/ Centerville rvIN 55038
Current Eagle
Owner Trail
Mr. & Mrs. Robert Dewidt or 7062 v" Centerville rvIN 55038
Current Eagle
Owner Trail
Mr. & Mrs. Brad Lindberg or 7063" Centerville rvIN 55038
MrMrs FirstName LastName Address! City State PostalCode
Current Eagle
Owner Trail
Ms. Roberta Wirth or 7065./ Centerville MN 55038
Current Eagle
Owner Trail
Mr. & Mrs. Robert Roslandsky 7068 ./ Centerville MN 55038
or Current Eagle
Owner Trail
Mr. & Mrs. John Olson or 7070 ./ Centerville MN 55038
Current Eagle
Owner Trail
Mr. & Mrs. George Gibson or 7074 v' Centerville MN 55038
Current Eagle
Owner Trail
Mr. & Mrs. Curtis Stiebler or 7076/ Centerville MN 55038
Current Eagle
Owner Trail
Current Owner 1851./ Centerville MN 55038
Center
Street
Ms. Leann Lindgren or 1859 Centerville MN 55038
Current Center
Owner Street
Mr. & Mrs. John Salin or 1716 J Centerville MN 55038
Current Heritage
Owner Street
Mr. & Mrs. Steven Lieffiing or 1724./ Centerville MN 55038
Current Heritage
Owner Street
Mr. John Mishler or 1740) Centerville MN 55038
Current Heritage
Owner Street
Mr. & Mrs. Leo Hensel or 1744 v' Centerville MN 55038
Current Heritage
Owner Streej
Mr. Richard Busse, Jr. or 1748 Centerville MN 55038
Current Heritage
Owner Street
Mr. & Mrs. Jon Gray or 1745- Centerville MN 55038
Current Heritage
Owner Street
Mr. & Mrs. Curtis McKay or 1749 ,/ Centerville MN 55038
Current Heritage
Owner Street
Mr. & Mrs. Joseph Goetz or 1721.1 Centerville MN 55038
MrMrs FirstName LastName Addressl City State PostalCode
Current Heritage
Owner Street
Mr. Rodney York or 6923 Centerville MN 55038
Current Pheasant
Owner Lane
Mr. & Mrs. Kevin Navara or 6926,/ Centerville MN 55038
Current Pheasant
Owner Lane
Mr. & Mrs. T.E. Peterson 6933/ Centerville MN 55038
Pheasant
Lane
Mr. & Mrs. Raymond Kohler or 1843/ Centerville MN 55038
Current Pioneer
Resident Lane
Mr. & Mrs. Donald Barrett 1845/ Centerville MN 55038
Pioneer
Lane
Current Resident 1860/ Centerville MN 55038
Pioneer
Lane
Mr. & Mrs. James Cartier or 7048,1 Centerville MN 55038
Current Progress
Owner Road
,
Mr. & Mrs. Richard Kinning or 7059 j Centerville MN 55038
Current Progress
Owner Road
Mr. & Mrs. Paul Anderson or 7072 / Centerville MN 55038
Current Progress
Owner Road
Mr. Nicholas Greeder or 7082,1 Centerville MN 55038
Current Progress
Owner Road
Ms. Carol Romie or 7085'" Centerville MN 55038
Current Progress
Owner Road
Mr. Michael Hillman or 7086,/ Centerville MN 55038
Current Progress
Owner Road
Current Owner 7087/ CenterviJle MN 55038
Progress
Road
Current Owner 7098/ CenterviJle MN 55038
Progress
Road
MrMrs FirstName LastName Address1 City State PostalCode
Mr. & Mrs. Scott Sears or 6926 Oak J Centerville MN 55038
Current Circle
Resident 6923 Oak/
Mr. William Michael or Centerville MN 55038
Current Circle
Resident
Mr. & Mrs. Patrick Dahl or 6936 Oak/ Centerville MN 55038
Current Circle
Owner
Mr. & Mrs. Wayne Kallstrom 6927 Ivy / Centerville MN 55038
Court
Mr. Harvey Koski or 6928IvyJ Centerville MN 55038
Current Court
Resident
Mr. & Mrs. Loren Ellis or 6935 Ivy'! Centerville MN 55038
Current Court
Owner
Mr. & Mrs. Paul Korte or 6936Ivy./ Centerville MN 55038
Current Court
Owner
Mr. & Mrs. Ronald Zych or 6943 Ivy'; Centerville MN 55038
Current Court
Owner
Mr. & Mrs. Troy Livgard 6944 Ivy ./ Centerville MN 55038
Court
Mr. & Mrs. James Thauwald 6947Ivy/ Centerville MN 55038
or Current Court
Owner 6948 Ivy j Centerville
Ms. Beverly Berg or MN 55038
Current Court
Owner 1761 J
Mr. Daniel Kupfer or Centerville MN 55038
Current Center
Owner Street
Mr. & Mrs. John Marten or 1768v Centerville MN 55038
Current Center
Owner Street
Mr. & Mrs. Steven Dixon 1769,/ Centerville MN 55038
Center
Street
Ms. Corrine Zerwas or 1776 ./ Centervil1e MN 55038
Current Center
Owner Street
Mr. & Mrs. Gene Lewis or 1777 ./ Centervil1e MN 55038
Current Center
MrMrs FirstName LastName Addressl City State PostalCode
Owner Street
Mr. Scott & Ms. Lynn or Current 1785/ Centerville MN 55038
Munson Wright Owner Center
Street
Mr. & Mrs. Orville Hughes or 1793'" Centerville MN 55038
Current Center
Owner Street
Mr. & Mrs. Karl Solberg or 1800 ,j Centerville MN 55038
Current Center
Owner Street
Mr. Dennis & Ms. Jan or Current 1801/ Centerville MN 55038
Olson Hobscheid Owner Center
Street
Mr. & Mrs. Dennis Countryman 18ee ,/ Centerville MN 55038
or Current Center
Owner Street /
Mr. & Mrs. Murray Wilke or 1809 Centerville MN 55038
Current Center
Owner Street ,
Mr. & Mrs. David Dixon or 1817/ Centerville MN 55038
Current Center
Owner Street ,
Ms. Cynthia Ulshafer or 1825,.1 Centerville MN 55038
Current Center
Owner Street ,
Mr. & Mrs. Sean Zwicki or 1832 ,; Centerville MN 55038
Current Center
Owner Stree~
M.G. J.L. Post or Current 1833 Centerville MN 55038
Schoonover Owner Center
& Streej'
Mr. & Mrs. Keith Okan or 1841 Centerville MN 55038
Current Center
Owner Street
Ms. Saundra Gossman or 1840 v' Centerville MN 55038
Current Center
Owner Street
Ms. Audrey Burque or 1709 Main/ Centerville MN 55038
Current Street
Owner
Mr. & Mrs. Richard Wadell or 1724 Main} Centerville MN 55038
Current Street
Owner
Ms. Pamala Scheiblauer 1737 Main'/ Centerville MN 55038
or Current Street
MrMrs FirstName LastName Addressl City State PostalCode
Owner
Current Owner 1738 Main,; Centerville MN 55038
Street
Mr. & Mrs. Udo Wegmann 1742 Main / Centerville MN 55038
or Current Street
Owner
Mr. & Mrs. Jerry Helmbrecht 1745 Main ";Centerville MN 55038
or Current Street
Owner
Ms. Myra Mills or 1744 Main ~; Centerville MN 55038
Current Street
Resident
Current Owner 1751 Main J Centerville MN 55038
Street
Mr. Richard TounU or 1759 Main/ Centerville MN 55038
Current Street
Owner
Mr. & Mrs. Richard Paulsen or 1764 Main ./ Centerville MN 55038
Current Street
Owner
Mr. Thomas Dupre or 1781 Main'; Centerville MN 55038
Current Street
Owner
Mr. & Mrs. Lawrence Perron or 1798 Main ,/ Centerville MN 55038
Current Street
Owner
Mr. Charles Nicosia or 6956 v Centerville MN 55038
Current Meaqow
Owner Circle/
Mr. & Mrs. Ramon Lichtenberg 6959' Centerville MN 55038
or Current Meadow
Resident Circle
Ms. Katl1Jeen Tomperi or 6965 / Centerville MN 55038
Current Meadow
Owner Circle
Accent Homes, Inc. or 6960 ,/ Centerville MN 55038
Current Meadow
Owner Circle
David Pearson Masonry or 6966 ,/ Centerville MN 55038
Current Meadow
Owner Circle;
Mr. & Mrs. Jon Grahek or 6970' Centerville MN 55038
Current Meadow
Owner Circle
Mr. & Mrs. John Domagall or 6978./ Centerville MN 55038
MrMrs FirstName LastName Address! City State PostalCode
Current Meadow
Owner Circle ,
Mr. & Mrs. Joseph Musha or 6977 ,/ Centerville MN 55038
Current Meadow
Owner Circle
Mr. & Mrs. Matthew Haus or 6975/ Centerville MN 55038
Current Meadow
Owner Circle
Current Owner 69731 Centerville MN 55038
Meadow
Cirel/,
Current Owner 6967 Centerville MN 55038
Meadow
Circle
Mr. & Mrs. John Sarnstrom 6971 ,/ Centerville MN 55038
or Current Meadow
Owner Circle
Mr. & Mrs. Jeffiey Hanzal or 6983/ Centerville MN 55038
Current Meadow
Owner Cirele
Mr. & Mrs. Jeffiey Paar or 6984./ Centerville MN 55038
Current Meadow
Owner Circle
Current Owner 6989J Centerville MN 55038
Meadow
Circle
Current Owner 6992./ Centerville MN 55038
Meadow
Circle
Owner / Centerville
Current 6991 v MN 55038
Meadow
Circle
Current Owner 6958~/ Centerville MN 55038
Meadow
Court .
Mr. & Mrs. Matthew Dunn or 6961/ Centerville MN 55038
Current Meadow
Owner Court
Mr. & Mrs. Michael Zwicki or 6965 ./ Centerville MN 55038
Current Meadow
Owner Court .
Mr. & Mrs. Jon Kvamme or 6960 ,/ Centerville MN 55038
Current Meadow
Owner Court /
Chu Shie Tong or 6956 " Centerville MN 55038
MrMrs FirstName LastName Addressl City State PostalCode
Current Meadow
Owner Court
Mr. & Mrs. Christopher Vnak or 6970 v Centerville MN 55038
Current Meadow
Owner Court
Mr. & Mrs. Ronald Smith or 6975./ Centerville MN 55038
Current Meadow
Owner Court
Current Owner 6980 / Centerville MN 55038
Meadow
Court
Current Owner 6985 v' Centerville MN 55038
Meadow
Court
Mr. & Mrs. Todd Hassel or 6990 v' Centerville MN 55038
Current Meadow
Owner Court
Current Owner 6995 v' Centerville MN 55038
Meadow
Court
Mr. & Mrs. Timothy Linger or 1712/ Centerville MN 55038
Current Meadow
Owner Lane
Current Owner 1704 v Centerville MN 55038
Meadow
Lane
Mr. & Mrs. Sheridan Brommerich 1723 ,/ Centerville MN 55038
or Current Meadow
Owner Lane
Mr. & Mrs. John McLean or 1 724 ,/ Centerville MN 55038
Current Meadow
Owner Lane
Mr. & Mrs. Andrew Barborak or 1728 ,; / Centerville MN 55038
Current Meadow
Owner Lane
Mr. & Mrs. Joel Hubbell or 1735 V Centerville MN 55038
Current Meadow
Owner Lane
Mr. & Mrs. Dennis Juvland or 1743 / Centerville MN 55038
Current Meadow
Owner Lane
Mr. & Mrs. Brian Nelson or 1747'/ Centerville MN 55038
Current Meadow
Owner Lane
Lois Cordes or Current 1751J Centerville MN 55038
1- -
MrMrs FirstName LastName Addressl City State PostalCode
Owner Meadow
Lane
Mr. & Mrs. David Brown or 1755 ,/ Centerville MN 55038
Current Meadow
Owner Lane
Mr. & Mrs. Christopher Hogan or 1763 v' Centerville MN 55038
Current Meadow
Owner Lane
Mr. & Mrs. Bryan Carlson or 1771 ,; Centerville MN 55038
Current Meadow
Owner Lane
Current Owner 1774 J Centerville MN 55038
Meadow
Lane
Current Owner 1780/ Centerville MN 55038
Meadow
Lane
Mr. William lngison, Jr. 1762/ Centerville MN 55038
or Current Ojibway
Owner Road
Ms. Jean Davis or 1764.1 Centerville MN 55038
Current Ojibway
Owner Road
Current Owner 1759 y' Centerville MN 55038
Ojibway
Drive
Current Owner 1761/ Centerville MN 55038
Ojibway
Drive
Current Owner 176Y Centerville MN 55038
Ojibway
Drive
Current Owner 1765 y' Centerville MN 55038
Ojibway
Drive
Mr. & Mrs. Thomas Conlan or / Centerville MN 55038
1819 J
Current Voyager
Owner Court
Mr. & Mrs. James Juhl or 1825 / Centerville MN 55038
Current Voyager
Owner Court
Mr. & Mrs. Thomas Johnson or 1829 .I Centerville MN 55038
Current Voyager
Owner Court "
Mr. & Mrs. Russell Lucas or 1833/ Centerville MN 55038
MrMrs FirstName LastName Addressl City State PostalCode
Current Voyager
Owner Court
Current Owner 1839 v" Centerville MN 55038
Voyager
Court
Mr. & Mrs. Steven King 1 724 Sorel'.. Centerville MN 55038
Street
Current Owner 1744 Sorel ....Centerville MN 55038
Street
Mr. Jim Halstrom - 6960. Centerville MN 55038
Townhome Dupre
Owners of Road
Eagle Pass
EAGLE PASS 2ND
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10/9/01Cl"lANG(BlOCKlfluILDING
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Dear Mayor and Council members:
My name is Kati Newman and I am the owner of Hair Update Family Stylists and
Tanning currently at 1847 Main Street. I moved my business from Hugo to Centerville
almost two years ago. My current location does not have the space required for my
employees to perform the services the community has asked for or to utilize the full
potential of my current employees and/or future employees. An opportunity came to
expand my space, services and staff into a Day Spa atmosphere in the new strip mall
being built right next to my current location.
Recently it came to my attention that council desires business owners to display an
extruded aluminum cabinet sign. I have had experience with these signs before at other
locations. These signs are very costly to the lessee and can be a high maintenance issue
later. Council is also requiring that I have two of these signs off centered from my
entrance. (See diagram, page 1).
I am requesting a sign variance. I would like to put up a sign that centers over my door
and utilizes the building peek above my business entrance. (See diagram, page 2) I am
also requesting that that sign be flat with two lights facing the sign. I feel that it will both
enhance the look of the building and yet be cost efficient for my business during this
growth process.
Thank you for your consideration,
Kati Newman
-
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C)96" High Output L!IIllPB
O)UL On/Off D.a-connect
C)Cold Weather Rapid Start BllIlaS!.
UPTOWN CENTER
1865 Main Street
Centervllle, MN 55038
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DESIGN . FABRICATION INSTALlATION. SERVICE
5880 I rn", WVomlng. MN, 55092 651-462-2613 (FBX) 651-462-2492
FROM CENT
PHONE NO. 651 429 8629
Aug_ 09 2001 12:53PM P2
GRADING PBRMIT APPLICATION
~ITY OF CENTERVILLE
SITE ADDRESS:
6812 - 20th Avenue, Centerville
(1...........",., 'lno~e<,. LLL
'kzm':'.l.J.a.l 'fEanl!il*1:rt I PHONE ~
(,.6f. ic'?( - 'YD70
OWNER'S NAME:
LEGAL DESCRIPTION: LOT ___, BLOCK _, TRACT: pm 24-31-22-33-0001.
CONTRACTOR/DEVELOPER: MlIfJ.ler Pipe Line
CIVIL ENGINEER: Metro Land 8urveYi!,~ & Engineering
PHONE:
PHONE: 651-766t'OH2
TYPE OF CONSTRUCTION: REGULAR
ENGINEERED XX
DESCRIBE WORE:: Expand Parking Lot
CUBIC YARDS OF CUTS: 4190
CUBIC YARDS OF FIl.L:
ZONNING CLASSIFICATION:
I
APPROVED USE:
SPECIAL APPROVALS REQUIRED: ZONING
SOIL REWRT
RICE CREEK WATER SHED _____ FIRE DEPT
OTHER
THE UNDERSIGNED HEREBY MAKES APPLICATION FOR A PERMIT TO
UNDERTAKE CONSTRUCTION AS SPECIFIED ABOVE AND AGREES TO COMPLY IN
ALL RESPECTS WITH THE BUILDING CODE AND ALL CITY OF CENTERVILLE
ORDINANCES AND TO ASSUME RESPONSIBILITY FOR EMPLOYEES, AGENTS AND
~UB~GeNf~AefeR~ AND CONSENT TO NEOESSAaV INSPECTIONS.
~';'~:ATVRE //~~.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
GRADING PERMIT: $
PLAN REVIEW FEE: $
STATE SURCHARGE: $
OTHER: $
PLANS APPROVED:
BUILDING INSPECTOR
TOTAL PERMIT FEE $
GRADING PERMIT NO:
L """ '""'"" ".,J""",',.^,"".~, ,,- -"
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RICE CREEK WATERSHED DISTRICT
3585 N LEXINGTON AVE STE 330
ARDEN HILLS MN 55126-8056
PH# 651-766-4191 FX# 651-766-4196
PERMIT NUMBER: 98-61
c: City of Centerville
District Engineer
RCWD Inspector
RCWD File
AMENDED PERMIT
Pursuant to the Rules and Regulations of the Rice Creek Watershed District and the District policies and
standards, and based upon the statements and information contained in the permit application, letters,
maps, and plans submitted by the applicant and other supporting data, all of which are made a part hereof
by reference, permission is hereby granted to the applicant named below to conduct the activity
described below:
Name of Applicant (Permittee) Project name Surety Amount County
Terminal Eagan II, LLC Terminal Truck $2,000.00 Anoka
Attn: Brent Coatney Maintenance
Address (No. & Street, City, State, Zip code)
6812 20th Av S, Centerville, MN 55038
Phone # 's Fax T Cell Phone IMisc
(651) 407-6200 (651) 407-6300
Authorized to / PUlpose of Project:
Pinal Site Drainage Plan for a commercial building and bituminous parking lot, 6.6:!: acres in
accordance with Grading and Utility Plan prepared by Paramount Engineering, dated May 26,
1998, rec'd May 26, 1998 and parking lot expansion plan & detail sheet prepared by Metro Land
Surveying & Engineering, Inc., dated 9/20/01, rec'd 10/3/0l. .
Property Location Date of Issuance Expiration Date
Northeast corner of Cedar Street and County Road 54, 10/9/01 4/8/03
Centerville
This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS:
GE~RAL PROVISIONS
1. The project shall be in accordance with.the plans most recently submitted and approved by the
District as part of the record of this project:
2. Erosion control measures shall be adequately designed for the site characteristics. They may include
staked haybales, diversion channels, sediment ponds, or sediment fences. They shall be installed in
accordance with "Protecting Water Quality in Urban Areas-Best Management Practices for
Minnesota." MPCA, October 1989, prior to commencement and shall be maintained throughout the
project. All exposed soil shall be stabilized as soon as possible and no later than 14 days after the
completion of the grading. The District Inspector may require Permittee to provide additional
erosion control measures beyond those included in the approved plan at his discretion when site
conditions warrant.
3. The soils erosion and sediment controls for the rough grading phase of the project must be installed
prior to any grading operations. The District Inspector must be notified when the initial erosion
controls are installed and prior to any grading operations (65/-766-4191).
4. Upon completion of the project and stabilization of all graded areas, all temporary erosion controlS
shall be removed.
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5. This permit is not assignable by the Permittee, except with the written consent of the RCWD.
6. The Permittee shall grant access to the site at all reasonable times during and after construction to
authorized representatives of the RCWD for inspection of the work authorized hereunder.
7. In all cases where the Permittee, by performing the work authorized by this permit, shall involve the
taking, using, or damaging of any property rights or interests of any other person or persons, or of
any publicly owned lands or improvements thereon or interests therein, the Permittee, before
proceeding, shall obtain the written consent of all persons, agencies, or authorities concerned, and
shall acquire all property, rights and interests needed for the work.
8. This permit is permissive only. No liability shall be imposed on the RCWD or any of its officers,
agents, or employees, officially or personally, on account of the granting hereof or on account of any
damage to any person or property resulting from any act or omission of the Permittee or any of its
agents, employees, or contractors. This permit shall not be construed as estopping or limiting any
legal claims or right of action of any person against the Permittee, its agents, employees or
contractors, for any damage or injury resulting from any such act or omission, or as estopping or
limiting any legal claim or right of action of the RCWD against the Permittee, its agents, employees,
or contractors for violation of or failure to comply with the permit or applicable provisions oflaw.
9. Any stormwater management facilities approved as part of this permit shall be properly maintained
in perpetuity to assure that they continue to function as originally designed.
10. Within 10 days of project completion, you will notify the District Inspector at 651-766-4195. Once
the Inspector verifies that site conditions comply with all permit requirements, your cash surety will
be returned to the remitter.
II. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS PERMIT IS A VIOLATION OF
THE LAW AND MAY RESULT IN FORFEITURE OF PERMITTEE'S SURETY.
SPECIAL STIPULATIONS
If permit 97-141 regional pond has not been completed at the time of site construction, an on-site
NURP pond will be required.
Authorized Signatures:
-)~ w CActctW-
Tom Waddell ~
President, Board of Managers
~Jv,-V-.A-l~.. ('-G^'-cl~d! ~
Andrew 1. Cardi , Sr. ~
Secretary, Board of Managers
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October 24,2001
Tim Swedberg, Mayor
1-Kim Moore-Sykes, City Manager
Council Members
City of Centerville
1880 Main Street
Centerville, Minnesota 55308
RE: SINGLE TOWNHOMES OF EAGLE PASS COTTAGES
Dear Mayor Swedberg, Manager Moore-Sykes, and Council Members:
As managing agent for the Single Townhomes of Eagle Pass Cottages Association, the Board of
Directors has requested I contact you in regard to street lighting.
A major responsibility of the City goverrnnent is the safety of citizens. Last July, the residents of
Eagle Pass Cottages submitted to you a petition including a request for added street lighting on
streets in the first Eagle Pass addition. Now that new streets are to be developed and new light
will be installed on those streets in the second addition to Eagle Pass, we would like to request
that six additional streetlights also be installed at the same time in locations that will help prevent
potential accidents.
We remind you that many of the residents of Centerville who drive these streets are elderly, and
that the stree5ts are curved in unusual and severe ways, and that the present lighting does not
provide adequate light when the curves in the streets prevent automobile headlights from
properly lighting many portions of the streets. A driver's response to a situation where a
pedestrian or bike might present itself suddenly in one of these many iocations could easily be
fatal. We suggest that you drive these streets after dark to see just how dangerous they really are.
An amateur study of the lighting needs seems to indicate that new street lights in the following
locations would solve this problem, but perhaps the City engineer could be directed to conduct a
more professional study. The locations we have identified are approximately as follows:
. 7018 Dupre Road
. 7057 Dupre Road
. 7077 Dupre Road
. 1857 Pioneer Lane
. 6989 Eagle Trail
. about 100 feet North of the NW corner of Dupre Road and Voyager Court
4501 M1NNETOi\IKA 80ULEVARD /" l\iilNi\lEAPOUS, MINNESOTA 554.16 ^ (952) 922-5575
t
. .
Tim Swedberg, Mayor
Kim Moore-Sykes, City Manager
Council Members
Page Two
Please advise the Board of Directors of what action the City of Centerville will take to address
this important safety issue. Thank you.
Sincerely,
ON BlftrALF 0
fJfk
cc: Board of Directors
/JAW
, '
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
OCTOBER 2, 2001
Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly
scheduled meeting on October 2, 2001, at 6:30 p. m.
PRESENT:
John McLean
Ray DeVine
Brian Hanson
Barry Brainard
Tom Wilharber
ABSENT:
David Kilian, Rob Sheppard.
COUNCIL:
Linda Broussard Vickers
STAFF:
Acting City Administrator/Public Works Director Palzer
I. CALL TO ORDER
1. Roll Call
The meeting was called to order at 6:35 p.m.
II. PUBLIC HEARING(S)
None.
III. APPEARANCES
1. Mr. Bart Rehbein. Preliminary Plat (The Shores) - 1475 Mound Trail
Mr. Rehbein indicated that the Preliminary Plat had not changed other than to add the
requested details discussed at the previous Planning Commission Meeting.
Chairperson Hanson asked ifMr. Palzer felt there would be any problems with having the
pond located close to the road. Mr. Palzer indicated it should not be a problem because
there is already drainage in the ditch coming off of Mound Trail.
Commissioner DeVine asked if the City Engineer had reviewed the preliminary plat. Mr.
Palzer indicated that the City Engineer had reviewed the Preliminary Plat and will
provide comments in the near future.
Page 1 of 15
Commissioner DeVine asked if Mr. Rehbein intended to provide an entrance monument
for the development. Mr. Rehbein indicated there would be a monument sign of some
type. He then noted that Rice Creek Watershed District had required the pond.
Linda Broussard Vickers of 6756 Centerville Road inquired as to whom would own the
outlot. Mr. Rehbein indicated he would maintain ownership ofthe outlot and turn over
maintenance of it to the homeowner's association until he is able to work with Hal to
create two lots in the future.
Mr. Rehbein indicated the lots not on the lake would govern access to the lake through
the homeowner's association.
Chairperson Hanson indicated that Mr. Rehbein should have the Park and Recreation
Committee review the preliminary plat.
Commissioner DeVine explained that the Ordinance does not require Mr. Rehbein to
have the Park and Recreation Committee review the preliminary plat but said as a
courtesy the City would like him to do so. Mr. Rehbein stated he understood there is a
standard way of dealing with park dedication fees but said he knew the City showed
leniency to Hal when he did the five lots. He then indicated he would like to discuss the
park dedication fees with the City.
Diane Letender of 1397 Mound Trail indicated that the power runs along the lake and the
power company does not havc an easement to get to its lines. She then asked if the lines
would be moved. Mr. Rehbein indicated he would be granting them an easement and
having them bury the lines all the way across his property.
Grace Dell of 1321 Mound Trail indicated she has lived in Centerville for 47 years. She
then indicated that the power company has no way to access its lines when there is a
problem like last summer when they went through her mother's yard and ripped it all up.
The certified land surveyor, who attended the meeting with Mr. Rehbein, indicated he
was waiting for verification from the City Engineer as to whether the utility companies
maintained their rights when Mound Trail was vacated. He then indicated that there is
access to the lines from Main Street by walking in.
Commissioner DeVine indicated that for this plat the power company would have an
easement. He then said it is unfortunate that the power company does not have an
easement all the way down but said the problem was created a long time ago and there is
no way for the City to fix it at this point.
Ms. Letender indicated the power company might use the City's easement to get to the
power lines. Mr. Rehbein indicated there is a process through Xcel for residents to move
power to the boulevard.
Commissioner Wilharber asked when the road was moved.
Page 2 of 15
L
Ms. Dell indicated the road was moved in 1978 or 1979 at the same time sewer was put
m.
Mr. Rehbein inquired as to whether the City had an Ordinance that required the City
Engineer to do the construction drawings. Mr. Palzer indicated he thought the City does
require that the City Engineer provide all utility drawings. Mr. Rehbein then asked the
Commission to consider allowing him to use his staffto do the work as they can do it a
lot less expensively. He further indicated the City Engineer could still review the
drawings and do the inspections. Mr. Palzer indicated he would check into it.
Motion by Commissioner Wilharber. seconded by Commissioner McLean to
recommend that Council aoorove the Preliminary Plat for The Shores. All in favor.
Motion carried unanimously.
Commissioner Wilharber recommended Mr. Rehbein check with Ms. Bender to make
sure that the matter is posted in time for the public hearing at the Council level.
2. Mr. and Mrs. Jeremy Bates - 1977 South Robin Lane
Mrs. Bates reviewed her situation for the Commission and indicated the variance request
was denied by Council because Council would like to have the Commission change the
Ordinance. She then indicated that the current maximum accessory structure is 200
square feet and they had requested a 400 square foot garage.
Mrs. Bates indicated that of the 39 houses in Royal Meadows 20 houses have two car
detached garages and only six (6) houses have no garage.
Chairperson Hanson explained that the Ordinance would not be changed at this meeting
but said a recommendation will be made and the matter will be published for a public
hearing.
Council Liaison Broussard Vickers indicated that at the Council meeting the City
Attorney had indicated he would prefer that the City not govern by variance because the
City would have to look at granting any variances of the same type. She then explained
that this request was double the allowed size and. while Council was sympathetic to the
Bates' situation, it preferred to change the Ordinance rather than granting the variance.
She also noted that Mayor Swedberg had asked that Planning and Zoning hurry the
matter along even if that meant scheduling an extra work session meeting.
Commissioner Wilharber stated that, if20 of the 39 homes have two car garages, the City
must have granted variances in the past. He then indicated that he feels that one more
variance would not have been detrimental to the City. He further indicated that he did
not feel that it made sense for Council to deny the variance in this instance.
Page 3 of 15
3.
Mr. and Mrs. Paul Dense - 1667
- Fence Issue
Mr. Dense told the Committee he had a question concerning the fence Ordinance. He
then noted that he understands the Ordinance to require that a fence be placed two feet off
of the property line. He then asked why the Ordinance is not enforced.
Chairperson Hanson explained that most of the City's Ordinances are enforced by
complaint because the City does not have staff to patrol the City to look for Ordinance
violations. He further said that, if the matter is not brought to the attention of the City,
the City might not be aware of it.
Tracy Tratar of 1710 Peltier Lake Drive complained that the City is taking away more of
the residents' property by requiring that the fence be put two feet off of the property line.
Commissioner DeVine indicated that he wished more residents had come to any of the 10
or 15 public hearings held concerning the changes to Ordinance #4 to provide input. He
then explained that the two-foot determination was made to allow for maintenance of the
fence without the need to trespass on your neighbor's property to do so.
Mr. Tratar noted that residents do not pay attention to the Ordinances until they have a
problem.
Council Liaison Broussard Vickers indicated that somebody had come to the meeting and
asked that fences be placed six (6) to ten (10) feet off the property line. She then
indicated that the Committee had attempted to weigh both sides of the issue and
determined that two feet was adequate for maintenance.
Commissioner McLean indicated that the ownership of the fence when it is placed on the
property line comes into question when selling the property.
Chairperson Hanson indicated that there is more involved than just painting issues. He
said there is mowing and weed whipping that need to be done without interfering with
your neighbor.
Mr. Dens.~ indicated that his neighbor had placed a fence directly on the property line and
he does not feel he should have to go and tell him that.
Commissioner DeVine recommended sending a letter to the City voicing his complaint so
that it could be checked out.
Chairperson Hanson indicated that the existing fence would not have to be removed but
the newly extended part of the fence, ifit is determined to be on the property line, would
need to be removed.
Page 4 of 15
i_
~./, ~ '~/ .~-
Mrs. rien:S"~ indicated that she was told by Ms. Bender that the matter was a civil matter
that tlie City would not get involved with. Mr. Palzer indicated it sounds like the
neiglJ.bor who has the fence thinks the fence is two feet off the property line.
Mr. Dense indicated that the resident had the property surveyed and it is marked. He then
indicated that the fence runs right down the property line.
Mr. Palzer indicated the Committee may wish to look at how far back from the lake a
fence should be. Mr. Rehbein asked if the City should use the 75 feet from the lake for
fences as is used for structures.
Commissioner DeVine indicated that the problem is with enforcement. He then indicated
there are all types of issues and said it is very costly to hire an enforcement officer.
Council Liaison Broussard Vickers indicated that Mr. Palzer would check to see if the
owner of the fence feels that it is two feet off the property line. She then indicated if the
person agrees that it is on the property line then the City can proceed with enforcing the
Ordinance.
Mr. Jeremy Bates of 1977 South Robin Lane asked if a person needed a verbal agreement
to be allowed to place the fencing on the property line. Chairperson Hanson suggested
getting a written agreement for the fencing.
Diane Letender of 1397 Mound Trail indicated she would like to request a variance for a
lot split.
Chairperson Hanson indicated tlJ.at Ms. Letender would need to come to City Hall to fill
out the paperwork and pay the fee "required. He then indicated that a variance request
requires a public hearing that would be noticed for next month.
Commissioner McLean asked whether she wished to do a lot split or needed a variance.
Ms. Letender indicated she has enough property to split the lot on the lake side but is a
few feet short on the Mound Trail side so she thinks she needs a variance.
Commissioner DeVine suggested Ms. Letender stop into City Hall to ask Ms. Bender to
review the Ordinance to determine if it is a lot split matter or a lot split and a variance.
Commissioner McLean suggested verifying with staff but said he thought the minimum
lot width in R-2 was 80 feet. Mr. Palzer clarified that the minimum lot width in R-2 was
100 feet.
IV. OLD BUSINESS
l. Preliminary Plat (The Shores) - 1475 Mound Trail
This matter was acted upon earlier in the meeting.
Page 5 of 15
2. Ordinance #4 & 39 Amendments
Mr. Tratar told the Committee he felt the 35-foot side yard setback for corner lots was
excessive. He then asked the Committee to consider reducing the side yard setback to 20
feet.
Commissioner DeVine indicated that the reason for the 35-foot setback is to protect line
of sight. Mr. Palzer indicated that the Committee also needed to consider uniformity to
the block. He then indicated that Mr. Tratar's house should have been set on the lot
facing west to better utilize the shape of the lot.
Mr. Tratar indicated that there are several homes in the area that do not meet the side yard
setbacks. He then said if the City wanted him to he could go and measure them.
Mr. Tratar indicated that the City has a requirement that an accessory structure requires a
10-foot setback but an attached structure requires a 35-foot setback. He then indicated he
feels that is inconsistent.
Commissioner DeVine indicated that if the City is truly concerned with line of sight it
should consider moving the accessory structures to 35 feet off the property line as well.
Mr. Tratar indicated that if the City is concerned for line of sight it would need to address
trees as well because people plant trees beyond the setback. He then apologized for not
knowing the rules and said he just wants to build his garage.
Chairperson Hanson asked ifMr. Tratar would like to see a 20-foot setback rather than
the 35 foot setback. Mr. Tratar indicated that he understands the City needs to do what is
safe but said with the current setbacks the City has taken away 68% of his yard.
Commissioner Brainard indicated he did not feel this Committee is the body that should
determine the safety issues with line of sight. He then suggested having staff check with
other cities to determine side yard setbacks. Chairperson Hanson suggested checking
with the fire chief.
Commissioner DeVine suggested that, if Commissioners think 35 feet is excessive, the
Committee should consider making it 20 feet and moving on to facilitate the process.
Commissioner Brainard indicated that generally the line of sight is for the corner and the
sight triangle should allow vehicles to see other traffic coming. He then indicated that
each city has recommended its own setbacks and agreed that 35 feet may be excessive.
Commissioner DeVine asked Mr. Palzer for his opinion on the matter. Mr. Palzer
indicated that the previous Ordinance had said 30 feet and then suggested considering 25
feet.
Page 6 of 15
Mr. Tratar asked how the other residents got variances to build their structures. Mr.
Palzer indicated he thought all of those in question were at the 30 foot mark, which was
the requirement of the previous Ordinance.
The Committee determined it would be prudent to set a workshop to discuss the details of
the proposed changes to Ordinance #4.
Commissioner Wilharber indicated that he felt going from a 35 foot setback to a 15 foot
setback would be excessive but said he felt 20 feet would be fine.
Council Liaison Broussard Vickers suggested that the Committee accept Mr. Tratar's
offer to measure the setbacks and provide drawings to the Committee for review and
discussion purposes.
It was the consent of the Committee to schedule a work session for Tuesday, October 9,
2001 at 6:30 to discuss the proposed changes to Ordinance #4.
Commissioner Wilharber indicated he would not be able to attend the work session.
Mr. Tratar indicated he would be on vacation but said he would do the legwork and
provide the information to the Committee.
R-4 Accessory Structures
Chairperson Hanson indicated that the 200 square foot maximum is too small for an
appropriately sized garage for those homes that do not have one. He then indicated the
Committee would be discussing the matter at this meeting but would not be deciding
anything.
Chairperson Hanson explained that the reason he had voted against the variance at the
last meeting is that he feels the City needs to re-address the issue so that the next person
does not have to go through the variance process. He then indicated that the 200 square
foot maximum was set to allow for those people who already had garages to add a third
stall if they wished to do so. He then indicated that the City had incorrectly assumed that
all of the houses already had garages and that created this situation.
Commissioner Wilharber questioned whether Royal Meadows was the only R-4 zoning
in the City.
Chairperson Hanson indicated the Committee should be able to make an exception for the
R-4 zoning by adding a sentence setting the square footage to be allowed.
Council Liaison Broussard Vickers indicated that a 22x20 structure totaling 440 square
feet is the typical size of a two-car garage.
Page 7 of 15
Boarding Kennel
Chairperson Hanson indicated that the Committee would be discussing wording for the
Ordinance at the work session. He then indicated that the applicant did not need to attend
the meeting because it is a simple addition to the industrial section of the Ordinance to
allow for boarding kennels. He then indicated that there would be a public hearing at the
nextmeetingJoLanY!:l;sidents to express concerns.
Council Liaison Broussard Vickers indicated that the Ordinance would be changed and
published for a public hearing and, if at that meeting it is determined that changes need to
be made, it would again be published and would go to Council for a public hearing.
Chairperson Hanson indicated that the matter would most likely be before Council on the
second Wednesday in November. He did note, however, if Council determines it would
like any changes to the Ordinance it would be sent back and have to be republished
causing a delay in approval and the effective date.
Commissioner DeVine asked if the Committee would carry over the O'Connor letter and
the Carlson letter.
Mr. Rehbein indicated he would like the Committee to discuss the O'Connor letter as he
is the neighbor it refers to.
Council Liaison Broussard Vickers indicated the letter had suggested that the Committee
made a mistake with the changes to Ordinance #4 concerning parking allowances for
motor homes and boats and asked the Committee to reconsider it.
Chairperson Hanson indicated the Committee had not made a mistake and clarified that it
was the intent of the Committee to allow two or less motor homes or boats to be parked
in a resident's driveway indefinitely provided the motor home is less than 35 feet long.
Council Liaison Broussard Vickers indicated that, ifit is the intent of the Committee to
allow indeterminate parking, Mr. O'Connor would like the Committee to reconsider as he
does not want the City to allow parking in the driveway.
Council Liaison Broussard Vickers clarified that not more than two things are allowed to
park in the driveway permanently. She further clarified there is nothing wrong with the
wording but the resident disagrees with it.
Mr. Rehbein clarified that the 48 hour time limit refers to vehicles parked by visitors.
It was the consent of the Committee not to consider changing Ordinance #4 as requested
by Mr. O'Connor.
It was the consent of the Committee to hold the Carlson letter for discussion at the work
seSSIOn.
Page 8 of 15
Zoning Map Changes
The Committee discussed various changes to the zoning map.
The Committee determined that the zoning map should reflect when a development is a
PUD.
Council Liaison Broussard Vickers indicated that the City, if it wanted to, could amend
the Comprehensive Plan to allow for all land to be placed into MUSA because the
Metropolitan Council no longer wants to slow development.
Patzer Changes
Mr. Patzer reviewed a list of items he felt needed to be changed in Ordinance #4.
Commissioner DeVine indicated he was not in favor offees for permits.
Council Liaison Broussard Vickers asked if the Committee wanted to see a zoning permit
rather than a building permit. Mr. Patzer indicated the City has no control over various
issues such as driveways.
Council Liaison Broussard Vickers indicated that if the City were to requiring zoning
permits and someone was to put in a driveway that was too wide and did not get a permit
the City would have the option to tear up the driveway. She indicated that if the City
should do so there would be many calls about driveways that are too wide. She then
asked what the City does for enforcement. She further asked if the City would levy a
penalty or how it would handle that.
Mr. Palzer indicated that a zoning violation is a daily violation and residents could be
fined $1000 per day.
Mr. Palzer indicated the City has a lot of trouble with these issues and said if the City
required a permit the City could control things better.
Commissioner Brainard indicated that the Uniform Building Code exempts from permit
fees anything under 120 square feet and said instituting a zoning permit would help the
City regulate the exempted items.
Discussions ensued concerning whether various items should require a permit.
Commissioner DeVine indicated he felt most ofthe items were too small to require a
permit.
Chairperson Hanson indicated that these types of items are only small when it does not
affect you.
Page 9 ofl5
Commissioner Wilharber indicated that requiring permits would eliminate a lot of
telephone calls to Council and the City with complaints.
Council Liaison Broussard Vickers questioned whether the Committee felt $25.00 was
too much to charge.
Commissioner DeVine indicated he did not feel the City had defined what items would
require a permit.
Commissioner DeVine commented that Ms. Bender had charged the Bates $175.00
dollars when she knew they would not be granted a variance. He further commented that
staff routinely charges fees for those requesting variances when they know that the
variances will not be granted.
Council Liaison Broussard Vickers clarified that staff cannot tell someone not to file a
variance and said it is not for staff to determine if residents meet the criteria. She further
indicated that staff was directed a long time ago to give the list of criteria to the
applicants when they apply for a variance and said if they are not doing it they should be
directed to begin doing so.
Chairperson Hanson indicated that people usually are able to interpret the criteria to
match their needs.
Mr. Drilling asked what the City is going to do with outside storage in the industrial and
commercial area.
Chairperson Hanson told Mr. Drilling that mini-storage was told no outside storage.
Commissioner DeVine indicated the City would rather see someone bring in a warehouse
building rather than store things on bare land for the tax benefit to the City.
Mr. Drilling indicated he has a trucking company that wants to park empty rigs and needs
two or three acres ofland to do so. He indicated that this business would operate from
9:00 a.m. to 5:00 p.m. and asked the City ifit would consider allowing such a thing.
Council Liaison Broussard Vickers indicated that a trucking operation is an allowed
usage in the industrial park provided that outside storage is totally screened.
Chairperson Hanson asked Mr. Drilling ifhe intends to build an apartment complex by
his house as he once mentioned.
Mr. Drilling indicated that he had done a study and found that senior housing was not the
way to go. He then indicated that the study determined that multifamily homes or a town
home development would work.
Page 10 ofl5
1___
Chairperson Hanson indicated that his neighbors would prefer that the residents own the
property. Mr. Drilling indicated he is considering town homes for that location.
Commissioner Wilharber asked if the trees were still in the City right of way on the
comer of Brian Drive and Brian Court. Mr. Palzer indicated they were still there and said
the City will be taking steps to remove them.
Mr. Palzer indicated the Committee should consider setting a maximum size for attached
garages.
Council Liaison Broussard Vickers suggested setting a limit of no larger than the
principal structure.
Mr. Drilling asked if the Committee had heard that the County intended to widen Main
Street. Commissioner Wilharber indicated that Mr. Rehbein had been told when he
applied for access permits that the County was limiting access because it intended to
widen the road in 2005.
Mr. Drilling asked if the City would be receptive to accepting a donation toward the trails
rather than requiring him to build the trail only to have it wiped out when the County
widens the road.
Council Liaison Broussard Vickers indicated that she feels the current passion of Council
would be that they would say no because they want the trail in place because they intend
to fight the widening of the road. She then suggested Mr. Drilling propose the idea to
Park and Recreation and see how it is received.
V. NEW BUSINESS
1. Ordinance #4 Letter - Mr. Patrick 0' Connor
This matter was handled under Ordinance #4 and 39 Modifications.
2. Ordinance #4 Letter - Mr. Rick Carlson (Hunter's Crossin!?:)
This matter will be discussed at the work session.
3. Zoning Map Updates/Corrections
Mr. Palzer outlined for the Committee various changes that needed to be made to the
zoning map to make it current.
Page II of 15
1_ _
4. Comprehensive Sign Plan - Uptown Center
Ms. Katie Newman told the Committee she was told by Mr. Drilling that she would need
to seek approval for deviation from the sign plan approved by the City. She then
explained the type of sign she wished to use.
Commissioner DeVine indicated that Mr. Drilling is only allowed a certain number of
square feet for signage and said the City has not seen a sign plan for the building.
The Committee clarified that Ms. Newman would need to speak to Mr. Drilling
concerning approval of her sign. The Committee also told Ms. Newman that Mr. Drilling
needed to come to the City with a comprehensive sign plan for approval.
5. Vacating Mill Road Extension South of Main Street (Mr. and Mrs. Perron. 1798
Main Street and Mr. Clay Alcock, 1806 Main Street)
Commissioner DeVine indicated he did not see a reason that Mill Road would go south.
Commissioner Wilharber explained that the City planned for the roadway based on the
County wanting roads to be across from each other. He then indicated that Eagle Pass is
located where the tree farm used to be and it appears that Mill Road will not be going
south. He further indicated that, if the City vacates the roadway, the property would be
split evenly to each of the property owners' as was platted at the time.
Mr. Palzer indicated that state statute dictates how the property will be split up and that
will be based on how it was platted at the time. He further indicated that both parties
have expressed an interest in proceeding with the vacation of the roadway.
Commissioner Wilharber noted the residents would be paying for the costs to vacate the
roadway.
Motion bv Commissioner DeVine, seconded bv Commissioner Wilharber to
recommend to Council that the Citv move forward with the vacation of the Mill
Road Extension. All in favor. Motion carried unanimously.
6. Lot Split - Mr. and Mrs. David West from Mr. Alcock (180 Main Street)
Mr. West explained there is a signed purchase agreement for the land but said the County
is requiring City approval of the lot split before the documents can be recorded with the
County.
Motion bv Commissioner Wilharber, seconded by Commissioner DeVine to
recommend to Council approval ofthe lot split as requested in the letter from Mr.
West dated September 25, 2001. All in favor. Motion carried unanimouslv.
Page 12 of 15
7. Shea Architect's Business Concept Plans
Chairperson Hanson expressed concern that the one-way street off of Main Street would
end up crossing the trail system. He stated there would be a lot of kids in the area as
Dairy Queen is a big draw for kids and the City runs the risk of having a child hit by a
vehicle.
Chairperson Hanson suggested removing the road and accessing the complex from 21 st
and 20th when that goes through.
Commissioner Wilharber indicated he was concerned with a road running between
buildings as it is a major safety hazard with pedestrians traveling between buildings. He
the indicated that he felt there should be berming so the residents in Willow Glen and
Royal Meadows are not subject to the noise of the complex and to screen the parking area
from the neighborhoods. Commissioner Wi1harber also expressed concern that there is
no front or back side as he feels truck deliveries will be an issue whether they are
scheduled early or late or during the working day.
Chairperson Hanson indicated the concern for delivery traffic was discussed at the
meeting but said he did not think it was picked up on as they felt deliveries would be
made and not be a problem. He then indicated there would need to be a designated area
away from local pedestrian traffic.
Commissioner Wilharber indicated that with all the paved surface and roof-lines there
would be a drainage issue ifno pond was placed on the property. Chairperson Hanson
indicated a pond was discussed at the meeting to address drainage issues.
McLean indicated he was struggling with having a large parking lot along Main Street in
front of these buildings or parking behind. He then questioned how the City would keep
the back of the building from looking like the back of a building. Council Liaison
Broussard Vickers indicated the building would have two fronts.
Commissioner Wilharber indicated that the side facing Main Street would have a patio
for eating and watching traffic going by.
Commissioner DeVine indicated it would not be cost effective for a retailer to make the
building aesthetically pleasing in the front and back. Commissioner Wilharber indicated
that it would also be a big cost to the developer for two parking lots ifthe building has a
front and back for snow plowing and removal.
Mr. Rehbein indicated that most retailers do not want two front entrances they usually
want deliveries on one side and the public coming in and out on the other side of the
building.
Page 13 of 15
Council Liaison Broussard Vickers questioned why it was necessary to have an entrance
off of Main Street. Chairperson Hanson indicated the reasoning is that seeing vehicles
parked at the businesses will draw more people in.
Commissioner DeVine questioned why the City feels it can tell a developer exactly how
to build out its development. He then clarified that he thought the point of this was to
determine a specific design, or symbol, or color for the buildings that would be one thing
to tie all commercial businesses in Centerville together not to draft a specific plan for
developers to follow.
Mr. Rehbein indicated that the City of Lino Lakes just went through this process with the
Town Center and ended up getting too specific with the details and took a lot of time and
effort when they really have no idea what types of businesses will be going in the Center.
He then suggested the City keep to a simple concept for tying the businesses together and
not a specific building plan.
Council Liaison Broussard Vickers asked the Commission ifit approved ofthe sample
architectural styles submitted. The Committee indicated the architectural styles were fine
and said it liked the idea of following the basic architecture of County Bank.
Council Liaison Broussard Vickers asked if the Committee wanted to define that area of
commercial and put specific architectural requirements in the Ordinance. Commissioner
DeVine said he feels that whomever is working on this project needs to pick out one or
two of the features of County Bank, take pictures of it, describe it, and make it into a
design criteria to suggest to developers to follow.
Council Liaison Broussard Vickers indicated that without having language in the
Ordinance there would be no way to force the developer to comply with the design
criteria.
Mr. Palzer indicated he thought the intent was to provide a suggestion for development
not to change the Ordinance. He then indicated that he feels the information would be
used as a guideline and would give the City some options for give and take during
negotiations.
VI. DISCUSSION ITEMS
None.
VII. CONSIDERATION OF MINUTES
I. September 4, 200 I Meeting Minutes
Motion bv Commissioner DeVine, seconded bv Commissioner Brainard to approve
the September 4. 2001 Meetine Minutes as presented. All in favor. Motion carried
unanimously.
Page ]4 of 15
.
Commissioner Brainard told Committee Members that, for the record, he did not write a
letter to the City Council as was claimed in the letter written to the Quad.
Council Liaison Broussard Vickers noted that the letter submitted to Council was
received from Theresa Brenner.
VIII. ADJOURNMENT
Motion bv Commissioner DeVine. seconded bv Commissioner Brainard to adiourn
the October 2. 2001 Plannin!! Commission Meetin!! at 9:10 n.m. All in favor.
Motion carried unanimouslv.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 15 of 15
~
Teresa Bender
<
-rom:
;ent:
To:
Barry Brainard [bbrainard@cLspring-lake-park.mn.us]
Monday, October 15, 2001 11 :51 AM
Tom Wilharber; Teresa Bender; Rob Sheppard; Ray & Karla Devine; John McLean; Dave
Kilian; Brian Hanson
Intent of Resignation from Centerville P&Z
Subject:
October 15, 2001
Dear Planning Commission Members:
Please accept my intent to resign from the Centerville Planning commission
effective October 3D, 20Q1. Reasons for my resignation include family
obligations, and work conf.licts. With three children and one with special
needs, much attention is required. Also, with my full time employment
requiring two to three meetings a month in addition to the one to two a
month for the Centerville Planning Commission, I am finding it difficult to
meet my family and work needs I plus give all the deserved attention required
for the Centerville Planning Commission.
I have enjoyed my time with each and everyone of you and wish you all the
best.
Sincerely,
Jarry Brainard
1
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MEETING AGENDA
~~ TUESDAY, NOVEMBER 6, 2001
6:30 ~.
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Eagle Pass 2" Addition (Pre~ Plat) - (9 "r IPii Wt-r'
APPEARANCES ~ ~~~l#"~'
~ Mike Quigley - Gor-Em (Eagle Pass 2nd Addition) (j:t. ~vo-V
Mr. Lloyd Drilling - Comprehensive Sign Plan (Uptown Center)
. Brent Coatney - Mueller Pipeliners (Terminal Transport Building); Site Plan
c-::"J' /x{t cZ-.t r(~J'-'}I--:':>~' "~_ ?c)-;..}I.;)l'U"'(C't ~ fJ&-U!r;:.,l<:L{. -:"rC2r.L-(IC--
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I. vbrdinance #4 Amendments fc..r1 l!-I "t..e..~'t~ ~
2/ vZoning Map Modifications ~ /80 ~
rt. / Comprehensive Sign Plan - Uptown Center /11....,..# 7/
0/' Sign Variance - Hair Update & Day Spa _ ~ v-vr ~' ,
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V. NEW BUSINESS
o .. J 1Pr(I.. F1~. Milce Quigley - Gor-Em (Eagle Pass 2nd Addition)
f~ . KCI - Site Plan and Comprehensive Sign Plan (Lot 4, Block I Royal Industrial
~~~')' ~:~neyi~tZ;r~ellerPme~wn~lTransportBuild~~Planl . .J? . /
10 ~ '" """"" "".pm,"" ~ Strect LigJi(, (~'lil"'''' 2" Addition) ~b'J vr Or ~
j01, L~CUSSIONITIC"S iIr"" '&1Y~ 1!^ /
1. Ooto"" 2, 2001 P."';"g,"" Z<mmg Mw<m, M~, ('r) ~
VIII. ADJ.OURNMENT. . I U:J..i P '"' {}) ~., ~ :: ,J
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2001 Minn. Sess. Law Servo Ch. 174 (H.F, 1507) (WEST)
MlNNESOTA 2001 SESSION LAW SERVICE
Eighty.Second Legislature, 2001 Regular Session
Copr. (> West Graul' 2001. All rights reserved.
Additions are indicated by <<+ Text +>>; deletions by
<<- Text '>>. Changes in tables are made but not highlighted,
Vetoed provisions wHhin tabular material are not displayed.
.
CHAPTER 174
B:.F. No. 1507
MUNICIPAL PLANNING--ZONING.-CLARlFYING TREATMENT OF LEGAL
NONCONFORMING USES
Ai'\[ ACT relating to municipal planning; zonL'lg; clarifying the treatment of legal nonconfonning
uses: amending Minnesota Statu.tes 2000, section 462.357, by adding a subdivision.
BElT ENACTED B'yTHE LEGISLATURE OF TIlE STATE OF MINNESOTA:
Section L .VJnnesota Statutes 2000, section 462.357, is amended by adding a subdivision to read:
<<MN 8T ~ 462.357>>
<<+Subd. le. +>> NONCONFORMlTIES. <<+Any nOllconformlty, including the lav,fulllse or
occupation of land or premises ex.lsting at the time of the adoption of an additional control under this
chapter, may be continued, including through repair or maintenance, but if the noncon{urmity or
occupancy is discontinued for a period of more than one year, or any l1<)/]collfonning die is destroyed
by fire or other peril to the elltent of greater than 50 percollt of its market value, any subsequent use
or occupancy of the land or premises shall be a conforming me OT occupancy. A municipality may by
ordinance impose upon nonconrornriti~ reasonable regulations to prevent and abate nuisances and tc<
protect the public health, welfare. or safety. This subdivision does not prohibit a OlWliclpality from
enforcing an ordinance fuat applies to adults-only bookstores, adults-only theaters, or similar adults-
only businesses, as defined by ordinance. +>>
Presented to the governor May 23, 2001.
Approved May 24, 2001.
MN LEGIS 174 (2001)
EN"D OF DOCUMENT
Copr. (C) West 2001 No Claim to Orig. U.S. Govt. 1Vorks
...!default.wl&RS=WL W2.69&VR=2.0&SV=Split&FN= _top&M:T= Westlaw&CFlD=O&DB'l 0/25/200 1
l__ ___ _