HomeMy WebLinkAbout2002-09-03 P & Z Agenda
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PLANNING AND ZONING COMMITTEE/COUNCIL
MEETING AGENDA
TUESDAY,~ 2002
6:30 p.m. ~.:$
CALL TO ORDER
1. Roll Call
U. PUBLIC HEARING (S)
III. APPEARANCES
IV.
V.
VI.
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OLD BUSINESS
1. Right Of Way Ordinance
NEW BUSINESS
1. Rescheduling November Meeting (General Election)
DISCUSSION ITEMS
1. Encroachment/Zoning Perrnits/Fences (Ordinance #4)
VII. CONSIDERATION OF MINUTES
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August 6,2002 Planning and Zoning Meeting Minutes IJ..l(Jv,..vker
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VIII. ADJOURNMENT
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TO: Honorable .Mayor and Council Members
FROM: Teresa Bender
SUBJECT: Proposed Right of Way OrdinanceIPlanning and Zoning Comments
DATE: August 23, 2002
At Planning and Zoning's last meeting they discussed the attached proposed ordinance
and fee schedule. They requested the strikethrough and underline modifications along
with review of Legal Counsel. They also requested a listing of other cities that bad
approved same and they are as follows:
. Ham Lake adopted a shorter version oftbis ordinance and modified the fee
structure.
. Blaine previously adopted a similar ordinance.
. Spring Lake Park adopted same ordinance.
Please review and forward yOUT comments to staff and then we will forward same to
Legal Counsel.
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'Esta6[islietf 189
STAFF REPORT
DATE:
September 3, 2002
TO:
Planning and Zoning Commission
Kim Moore-Sykes, City Administrator ~u..n
FROM:
RE:
Proposed Revisions to Ordinance 4
.........................................................................
This summer, Staff has been inundated with questions and concerns from residents
regarding fencing. Most complaints have dealt with fences that have been built on the
property line without permission from the adjoining property owner or fences being built
in an easement. Based on this and comments by Staff having to work with fence issues,
we researched other communities about their fence ordinances. We received information
from Lino Lakes, Spring Lake Park, Blaine and Hugo. The proposed fence ordinance is a
combination of all of these ordinances and while it's very extensive and more substantial
than what the City currently has, I think it will address many of the questions and
concerns that we as Staff and the residents have.
Also attached is a listing of other concerns or proposed revisions for consideration.
These issues have come up since the recent adoption of Ordinance 4 and as such, I have
asked Staff to again review Ordinance 4 and add any other proposed changes so that we
only have to do this once more. Based on discussions at the Planning and Zoning
meeting, Staff will research other city ordinances on the proposed revisions that P &Z feel
need to be done.
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Division 15: Definitions
Fence - AnY~~~ constructed barrier, partition. structure. wall or gate erected as a
divider. barrier or enclosure and located along the boundary. or within the yard. For the
purpose of Division 102. a fence shall not include naturally growing shrubs. trees or other
foliage.
Division 102: Fences
The purpose of Diy is ion 102: Fences is to promote a pleasant physical environment and
to protect the public and priyate property within the City by regulation the location,
height. tvpe of construction, and maintenance of all fences.
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AlI.fences. partitions. structure. wall or eate erected as a divider. barrier, or
enclosure and located alone the boundary or within any yard reQuire a fence permit
before installation or construction. The owner/contractor is responsible for locating the
property corner markers prior to applying for a fence llermit. Ifthe iron lot pins/markers
cannot be located, the applicant is to contact a land surveyor to re-establish the lot corners
before commencing with the installation or construction of a fence. This information is
required to apply for a fence permit. If a dispute arises oyer the placement ofthe
property markers, it is the responsibility of the property owners to resolye the dispute
through any legal means ayailable to them. Any substantial alterations will also reQuire
obtaining a fence permit from the City.
A. Construction and Maintenance. All fences, when constructed to enclose
any lot or tract ofland, shall be located entirely upon the property ofthe fence
owner. unless the owner ofthe adjoining property agrees, in writing, that said
fence may ee erected on the property line of the respective pf8perties. 800ft
an agreement shall ee sHbmitted at the time oflmilding permit application. If
the adjoining property 8wner does not agree to the erection of sHeh fence, the
fence shall be set back a minimmn OftY/O (2) f-cet from all lot lines. Posts and
framework shall be placed within the property lines of the owner and the
actual fencing material. such as wire, lumber. pickets, etc.. shall be placed on
the side of the fence which faces the street or adiacent property.
No fence other than a deeofative fence may be eonotructed along the side lot
lines of a resiaentiallot between the street and the front extension of the
dwelling hOHse. f.s Ilsed herein, the term "dee8rative fence" means a weed
vertical pest and ';/eOG herizental rail fonee with ne mere than three (3) rails
or a woed picket type f-cnee with at least tv:e (2) inches of epen space eetv:een
each picket.
All fences shall be constructed and maiFltained in a sllbstantial, workmanlike
manner and of substantial material reasonably suited for the purpose for which
the fence is to be used. Eyery fence shall be maintained in a condition of
reasonable repair and shall not be allowed to become and remain in a
condition which would constitute a public nuisance or a dangerous condition.
If such a fence is allowed to become and remain in such condition of
disrepair, the Citv's building inspector is authorized to notify the owner or
owners of the violation and allow the owner or owners ten (0) davs in which
to repair of demolish the fence.
Every fence shall be constructed so that the side containing the framing
supports and cross pieces face the interior of the fence owner's lot. "^.ny fence
whieh does Rot cOlHflly with the pnl'HsioHs Bfthis SeetioR or whieh endangers
pub lie safety, health Br welfare shall be eBnsidered a publie ooisanee,
Link fences. where permitted, shall be constructed in such a manner that the
barbed end is at the bottom of the fence.
No fences shall be allowed or constructed on street rights-of-wav. Fences
mav not be placed in or on public utilitv easements unless the fence owner has
first obtained an encroachment permit and it has been determined bv the City
that the fence will not interfere in anv wav with existing underground or over
ground utilities. Further, the City or anv utilitv companv having authority to
use such easements, shall not be liable for repair or replacement of such
fences in the event thev are moved, damaged or destroved bv virtue ofthe
lawful use of said easement.
B. Residential District Fences. No r-esideHtial fcnee may exceed six (6) f-cet in
height and no deeorati'/e f-encc in the front yard ilia;,' elleee8. thirty sill (36)
inehes in height. In all single and two- familv residential districts, fences shall
have the following setback and height limitations:
Front Yard
Maximum height oHour (4) feet above ground level in from of the
front face of the residential structure.
The required front vard of a corner lot shall not contain anv fence that mav
cause danger to traffic on a street or public road, bv obscuring the view,
On corner lots, no fence higher than 36 inches shall be permitted within
the 50-foot intersection sight distance triangle.
Front Corner Side Yard
Maximum height of four (4) feet above around level when placed
at the propertv line.
Maximum height of six (6) feet above ground level when jJlaced
with a minimum setback of one (1 ) foot.
Side Yard
Maximum height of six (6) feet above around level.
Rear Yard
Maximum height of six (6) feet above ground level for fences
along rear yards not adiacent to or fronting 'on a public right-of-
way.
Fences adiacent to or fronting on public right-of-way shaH have a
maximum height of four (4) feet above \i:round level when placed
at the property line.
Fences adiacent to or fronting on public right-of-way that are
placed with a minimum setback of one (]) foot shaH have a
maximum height of six (6) feet above ground level.
C. Commercial and Industrial Fences. Fencing in commercial/industrial zoning
shall not exceed eight (8) feet in height.
D. Non-Conformine Fences. All existing fences. at the time of the adoption ofthis
Section. which are not in violation of this Section and are not located within a public
right-of-way or easement, but which violate other Sections of this Ordinance, may be
aHowed to exist and continued to be maintained but may not be replaced. if destroyed
or removed. to the extent that the violations are continued.
Section 105-050: Boundary Fence - Any fence parallel to the property line.
Section 105-6-060: Privacy Fence - Any fence used for screening of outdoor living
areas and for enclosures where restricted visibility offers privacy or security.
ENCROACHMENT AGREEMENT
TIllS AGREEMENT is made this
day of
,200_, by
and between the CITY OF HUGO, a Minnesota municipality (hereinafter "City") and T.
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BERGERON CONSTRUCTION, a Minnesota corporation (hereinafter "Bergeron"), and their
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successors in title.
WHEREAS, the City owns an easement for drainage and utility purposes on property
legally described as Lot II, Block I, Beaver Ponds 4th Addition, Washington County,
Minnesota; and,
WHEREAS, Bergeron is desirous of constructing a deck partially within the easement
area; and,
WHERAS, the City will permit the placement of a deck in the area described herein
subject to the terms and conditions hereof
NOW, THEREFORE, in consideration of the premises and for good and valuable
consideration, the receipt of which is acknowledged, the City will permit the encroachment on its
easement as set forth herein and subject to the conditions set forth below:
1. Bergeron and its successors in title may install a deck within the easement in
accordance with the configuration depicted in Exhibit A attached hereto on Lot 11, Block 1,
~..r Pono& 4th Addition.
2. Only deck footings may be placed within the easement.
3. The deck must comply with all applicable setback requirements.
4. The encroachment granted to Bergeron herein is subject to the existing easement
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rights ofthe City as granted in various easements.
5. Bergeron must notify the City at least forty-eight (48) hours before construction,
repair and/or maintenance work commences within the easement. No such work shall take place
without the City Staff being given the opportunity to be present at the site. Further, if the City
determines in its reasonable estimation that any proposed work may potentially cause an unsafe
condition or damage or impair the City's easement, the City shall have the authority to prevent
such work from being done by giving notice to Bergeron; notwithstanding in the event of an
emergency situation and/or the existence of an unsafe condition of Bergeron's land, the
prescribed forty-eight (48) hour notice requirement shall be waived by the City. However, in the
event of such situation, said waiver shall not relieve Bergeron from its obligation to notify the
City in a timely and practical manner.
6. To the fullest extent permitted by law, BergerQ!) agrees to release, defend, protect,
,
indemnify, save and hold harmless the City, its agents, directors, employees, shareholders and
contractors against any and all claims, costs and liabilities, including the costs of defense for
damages, injury or death arising from or in any way connected to the installation, maintenance,
repair, removal and/or presence ofthe deck, regardless of whether such harm is to Bergeron, the
City, the employees or officers of either or any other person or entity, except Bergeron shall not
be liable under this paragraph for loss or damage to the extent resulting from the negligence of
the indemnified parties.
7. The permission granted herein is limited exclusively to the proposed deck within
the easement area of the City's drainage easement. Bergerori shall not alter the grade or permit
such alteration anywhere upon the land upon which the City has reserved its easement rights
without proper express written consent of the City. Bergeron shall construct and maintain the
retaining wall in compliance with all applicable laws and industry standards in effect at the time
of construction, and shaH remove it within thirty (30) days of written demand therefore by the
City.
8. Bergeron shall, at all times, use his best efforts to conduct all of his activities on
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said easement area in such a manner as to not interfere with or impede the operation of the City's
drainage easement and related activities in any manner whatsoever.
WHEREUPON, the parties have set their hands this
day of
,200 .
C::FHU~
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By
~-'------'---'---,
ary Ann Creager, City Clerk
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STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this day of , 200----, before me, a Notary Public,
personally appeared FRAN MIRON and MARY ANN CREAGER, of the City of Hugo, a
Minnesota municipalii)Twilhin the State of Minnesota, and that said mstrument was SlgnOO on
behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and FRAN
MIRON and MARY ANN CREAGER acknowledge said instrument to be the free act and deed of
said City of Hugo.
Notary Public
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~-;~ERGERON CONSTRUCTION, INC.
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STATE~08OT~
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COUNT 0 W ASHINGTO ..
au this dl1y ~ , 2000, before me, a Notary Pu~
C"-~nalIY appeared ~ , the ~.
BERGERON CONSTRUCTION, INC., a Mi$lesota corporation, who signed the foregoing
~ illWl''I'eIlt aflll ~:.qi'dseQ saitl in<tnJ~~e the free act and deed of the corporation.
Notary Public
...---
TED BY:
Teresa Bender
From:
Sent:
To:
Subject:
Michele Lindau [mlindau@ci.hugo.mn.us]
Tuesday, August 20, 2002 1 :49 PM
tbender@centervillemn.com
ENCROACHMENT AGREEMENT
~
Bergeron
roachment AgreemE
Here is an encroachment agreement for a deck and retaining wall. In search for
one permitting fences in the easement, I have discovered that many encroachments have been
approved by the Council, but no agreements prepared, signed by property owner, or on file
at the City. Oops! The City Attorney is now preparing one and I will email it to you as
soon as I receive it. I guess I owe you one for bringing that to our attention! The
agreement should be sindlar to the one I've attached. <<Bergeron Encroachment
Agreement. doc>>
1
CORNER LOT CLEARANCE REQUIREMENT
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C:\Documents and SeIlingslTBenderILocal SeIlingslTempo<ary Intemet FIlesIOLKl36\FENCEH-l.DOC
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APPLICATION FOR FENCE OR RETAINING WALL PERMIT
JOB ADDRESS
Project Valuation $
Is this pennit for a fence or retaining wall?
Owner's Name
Day Telephone
General Contractor
Address
City
State
Zip
Telephone
License Number (note: all contractors/subcontractors must be city or state licensed)
TO BE SUBMITTED: Plot Plan/Certificate of Survey
Type ofFenceJRetaining Wall Material
(showing all easements)
Height
Approximate Starting Date
Approximate Completion Date
ignature
Date
DO NOT WRITE BELOW THIS LINE
Type of Construction
Occupancy Group
Division
Use Zone
Survey: Required
On File
N/A
Permit $30.0Q State Surcharge $0.50 Easement Encroachment Agreement $30.00 License Verification $5.00
TOTAL AMOUNT DUE $
...-....-.................-..................-.....-....--.....-.....-..................................................._-..........-..................-...................
Review By:
Date:
Issued By:
Permit #
Date:
600 Town Center Pmkway, Lino Lakes, Minnesota 55014-1182
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TO: Mr. Paul Palzer, Public Works Director/Building Official
FROM: Planning and Zoning Commission
SUBJECT: Recommended Permits
DATE: August 12, 2002
Several months ago, the Planning and Zoning Commission requested that you forward a
list of recommended permits. The Planning and Zoning Commission reported that they
have yet to receive same and request that you provide same prior to their meeting of
September 3, 2002.
Thank you for your prompt attention to this matter.
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STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
TABLE OF CONTENTS
ORDINANCE #4
PAGE NUMBER
DIVISION 10: General Provisions
Section 010-01 0: Title............................................................................... 1
Section 010-020: Purpose ........................................................................1
Section 010-030: Jurisdiction .................................................................... 1
Section 010-040: Application .................................................................... 1
Section 010-050: Severability................................................................... 2
Section 010-060: Repeal.......................................................................... 2
DIVISION 15: Definitions
Section 015-010: Specific Purpose........................................................... 2
Section 015-020: Definitions ..................................................................... 2
Abandonment.................................................................................. 2
Abutting........................................................................................... 2
Accessory Structure ........................................................................2
Accessory Use ................................................................................ 2
Agriculture........................... ............................................................ 2
~~................................................................................................2
Alteration......................................................................................... 2
Alteration, Structural........................................................................ 2
Antenna........................................................................................... 2
Apartment. ............... .............................. ........... .............. ................ 3
Apartment, Accessory .....................................................................3
Area Identification Sign ................................................................... 3
Basement... ........ ...... ..... ...... ........... ........ ......... .......... ...................... 3
Block............................................................................................... 3
Board.................................. .......................... .................................. 3
Boathouse.................................................................... ................... 3
Building........................................................................................... 3
Buildable Area................................................................ ................. 3
Building Coverage................................................................. .......... 3
Building Height....................................... .............................. ........... 3
Building Line ...................................................................................3
Building, Principal ........................................................................... 3
TABLE OF CONTENTS (Cont'd)
ORDINANCE #4
PAGE NUMBER
Business Area... .......................... ............. .............. ...... .............. ..... 3
Certificate of Occupancy .................................................................3
City Council or Council.................................................................... 3
Clear Cutting....... ............... .................... ..................................... .... 3
Clinic...............................................................................................4
Club.................................................................................................4
Cluster Housing........................................ ........ ...... .................... .... 4
Commercial Use .............................................................................4
Commission ............................ ..... ........................... ................ .... .... 4
Commissioner.............. ......................... .......... ............. ................... 4
Comprehensive Plan.................... ............................ ................... .... 4
Conditional Use............................................................ ................ ... 4
Conditional Use Permit ................................................................... 4
Contractor's Yard ............................................................................ 4
Coverage........................................................................................ 4
Cul-de-sac..................................................................... .................. 4
Day Care Facilities..........................................................................4
Deck................................................................................................ 4
Density...................................................... ...................................... 4
Development.................................................. ................................. 4
District............................................................................................. 5
District Zoning................................................................................. 5
Drive-In Establishment.................................................. .............. .... 5
Dwelling.................................................... ...................................... 5
Dwelling, Single-Family, Attached (group, row and townhouses) ... 5
Dwelling, Single-Family, Detached .................................................5
Dwelling, Two-Family ......................................................................5
Dwelling, Multiple ............................................................................5
Dwelling, Seasonal .........................................................................5
Dwelling Unit................................................................. .................. 5
Easement........................................................................................ 5
Essential Services........................................................................... 5
Family.......................................... .................... ............................... 5
Facade............................................................................................ 5
Fence................................................................. ............................. 5
Flood Plain......................................... ........................... .................. 5
Floodway.................................. ....................................................... 5
Floodway Fringe ............................................................................. 6
Floor Area.................................................. ..................................... 6
Floor Area Ratio.............................................................................. 6
ii
TABLE OF CONTENTS (Coot' d)
ORDINANCE #4
PAGE NUMBER
Freestanding Sign ........................................................................... 6
Frontage.. ........................................................................................ 6
Garage, Private............................................................................... 6
Glare............... ....................................... ......................................... 6
Grade............ .................................................................................. 6
Height of Building ............................................................................ 6
Home Occupation ........................................................................... 6
Hotel................................................................................................ 6
Impervious Surface .........................................................................6
Industrial Park ................................................................................. 6
Junk Yard ........................................................................................ 7
Light Manufacturing.... .......................... ...... ..... ................................ 7
Lot...................................................................................................7
Lot Area......... ...... .............................. ..... .............. ..... ................. .... 7
Lot, Comer...................................................................................... 7
Lot Coverage .................................................................................. 7
Lot Depth................ .... ............ ...... ............... ..................... ... ........... 7
Lot, Interior...................................................................................... 7
Lot Line ........................................................................................... 7
Lot Line, Front................................................................................. 7
Lot Line, Rear ................................................................................. 7
Lot Line, Side .................................................................................. 7
Lot, Minimum Area of...................................................................... 7
Lot of Record .................................................................................. 7
Lot, Substandard............................................................................. 8
Lot, Through.................................................................................... 8
Lot, Width ................................................ ,.... ,.................................. 8
Manufactured Housing .................................................................... 8
Mineral Extraction ........................................................................... 8
Motor Vehicle .................................................................................. 8
Motor Fuel Station...........................................................................8
Non-Conforming Structure or Use................................................... 9
Nursing Home or Rest Home.......................................................... 9
Occupancy Permit........................................................................... 9
Open Space.................................................................................... 9
Ordained................................................ ............. ............................ 9
Ordinary High Water Line (OHWL) .................................................9
Performance Standard.. ........ ... ..... ........ .......... ........................ .... .... 9
Planned Unit Development (PUD) ..................................................9
Plat..................................................................................................9
iii
TABLE OF CONTENTS (Cant' d)
ORDINANCE #4
PAGE NUMBER
~~~S~..................................................................................9
Principal Use or Principal Structure ................................................9
Private Property...... .......... ...... ............. ... ...... .................. ........... ..... 9
Public Hearing .................. ...... ................... ..... ............ ..................... 9
Public Property..... ............ ...... ......... .... ................ ....... ..................... 9
Recreational Use............ ....... ............................ ........ ................ ..... 9
Recreational Vehicles ................................................................... 10
Residential Facility ........................................................................ 10
Right-of-Way.. ..... ............ ...... ....... ...................... ........ ................... 10
Semipublic Use.. ............ ....... ...... ............. ...... ........... .... ................ 10
Setback............. ........ .... .................... .... ......... .... ....... ................. ... 10
Sewer System.. ......... .................. ..... ........ ..... ............ ....... ............. 10
Shore Impact Zone ....................................................................... 10
Sign... .......... .... ......... ..... .......... ............. ............................ ............. 10
Significant Historic Site ................................................................. 10
Story.................. ... ............ ...... ................ ... ...... .... ....... ........ ...... ..... 10
Story-Half............. .................. ..... .............. ...... ........... ................... 10
Steep Slope ..... ... ...... .................. ............. ...... .................. ............. 10
Street Access.. .......... ..... ....... .... .......... ................ .......................... 11
Street Line.............. .................. .................. ......... ........ .... ....... ....... 11
Structure .... ..... .................. ....... ..... ......... ... ....... .., ................... ....... 11
Structural Alteration.......... ...... ...... .................. ............................... 11
Subdivision.. ..... .... ...................... .... ... ................... ............ ....... ...... 11
Yard... ......... .... .......... ..... ... ....... ................. ...... .... ........ .... ...... ........ 11
Townhouse ....... ....... ......... ...... ............. .................................... ..... 11
Travel Trailers... .... ........... ...... ............................... ..... ................... 11
Use, Permitted ..............................................................................11
Supply Yard ..................................................................................11
Usable Open Space......................................................................11
Variance............ ............. ... ....... .................... ." ............ .......... ........ 12
Vehicle. ........ ......... ............ ...... ..... ................................................. 12
Vehicle Abandoned......... ....... ................. ..... ..... ... ............ ....... ...... 12
Water-Oriented Accessory Structure of Facility............................ 12
Wetland ............ .......... ........ ... .................. ." ....... ... ............ ............. 12
Yard .... ............. ............... ............ ................ ..................... ............. 12
Yard, Front....... ................... ... .... .... ............ ....... .., ............ ....... ...... 12
Yard, Rear......... .............. .......... ..... .............. ................ .... ............. 12
Yard, Side........ ....... .., ............... ..... ............... ... ........... .... .............. 12
Zoning District.... ................ ...... .................................. .... ............... 12
IV
TABLE OF CONTENTS (Cont'd)
ORDINANCE #4
PAGE NUMBER
Section 015-030: General Regulations ...................................................13
DIVISION 20: Scope and Interpretation ......................................................... 13
DIVISION 25: Lot Provisions........................................................................... 14
DIVISION 30: Non-Conforming Uses and Structures ................................... 15
DIVISION 35: Home Occupations................................................................... 15
DIVISION 40: Single-Family Dwelling Requirements.................................... 16
DIVISION 45: Temporary Dwellings and Structures .....................................16
DIVISION 50: See Division #160.......................................................................17
DIVISION 55: Public Utilities Required ..........................................................17
DIVISION 60: Relocated Buildings or Structures.......................................... 18
DIVISION 65: Accessory Structures and Uses.............................................. 18
DIVISION 70: Site Plan Review Required....................................................... 18
Section 070-010: Submittal Requirements ........................................................ 18
Section 070-020: Review Requirements................................................. 19
Section 070-030: Exceptions .................................................................. 19
DIVISION 75: Final Grading and Landscaping ..............................................19
DIVISION 80: Zoning Districts/Use Regulations
Section 080-010: Zoning Map................................................................. 19
Section 080-020: Interpretation of the Zoning Map................................. 19
Section 080-030: Establishment of Districts ........................................... 20
Section 080-040: Rural Residential (R-1) ............................................... 20
Section 080-050: High Density, Single-Family, Residential (R-2A)......... 21
Section 080-060: Single-Family, Residential (R-2) ................................. 21
Section 080-070: Single-Family, Manufactured Housing (R-4).......................... 22
v
TABLE OF CONTENTS (Cont'd)
ORDINANCE #4
PAGE NUMBER
Section 080-080: Single-Family, Residential- Estate (R-5) ................... 23
Section 080-090: Commercial District (B-1 )............................................ 23
Section 080-100: Industrial District (1-1).................................................. 27
Section 080-110: Public/Institutional District (P-1) ..................................32
Section 080-120: Mixed Used District (M-1) ........................................... 32
DIVISION 85: Zero Lot Lines ...........................................................................33
DIVISION 90: Commercial Exterior Building Materials................................. 33
DIVISION 95: Industrial Exterior Building Materials ..................................... 33
DIVISION 100: Fences ..................................................................................... 34
Section 100-010: Snow-Stop Fencing ....................................................34
Section 100-020: Electric and Barbed Wire Fencing .............................. 34
Section 100-030: Visual Obstructions..................................................... 34
Section 100-040: Swimming Pool Fencing ............................................. 34
DIVISION 105: Sign Regulations .................................................................... 34
DIVISION 110: Height
Section 110-010: Dwellings .................................................................... 34
Section 110-020: Excess Height on a Permit.......................................... 35
DIVISION 115: Yards
Section 115-010: General Requirements................................................ 35
Section 115-020: Computing Front yards............................................... 36
Section 115-030: Erection of More than One Principal Structure
On Lot ........................................................................ 36
DIVISION 120: Performance Standards ......................................................... 36
DIVISION 125: On-Site Sewage Treatment Standards.................................. 37
DIVISION 130: Nuisance Standards
Section 130-010: Odors and Emissions.................................................. 37
vi
TABLE OF CONTENTS (Cont'd)
ORDINANCE #4
PAGE NUMBER
Section 130-020: Dust and Particulate ................................................... 37
Section 130-030: Noise and Vibrations................................................... 37
Section 130-040: Glare ........................................................................... 37
Section 130-050: Waste .........................................................................37
Section 130-060: Smoke ........................................................................ 37
Section 130-070: Fumes or Gases ......................................................... 37
Section 130-080: Fire Hazards............................................................... 38
Section 130-090: Air Pollution................................................................. 38
Section 130-100: Radioactivity or Electrical Disturbance....................... 38
Section 130-110: Explosives................................................................... 38
Section 135-120: Burning ....................................................................... 38
Section 135-130: Bulk Storage ...............................................................38
Section 135-140: Outside Storage.......................................................... 38
Commercial/Industrial Districts................................ ...................... 39
DIVISION 135: Surface Water Management................................................... 39
DIVISION 140: Wetland Protection and Management................................... 40
DIVISION 145: Woodland Preservation.......................................................... 40
DIVISION 150: Erosion and Sedimentation ControL..................................... 40
DIVISION 155: Landscaping
Section 155-010: Minimum Quantities.................................................... 41
Section 155-020: Minimum Standards.................................................... 41
DIVISION 160: Parking Requirements/Off-Street Parking ............................42
Section 160-010: Change in Facilities .................................................... 43
Section 160-020: Off-Street Parking and Loading Zones ....................... 43
Section 160-030: Off-Street Loading ......................................................43
Section 160-040: Fractional Space...........................:.,............................ 43
Section 160-050: Uses Not Mentioned ................................................... 43
Section 160-060: Spaces for Five or More Automobiles......................... 43
Section 160-070: Improvement and Maintenance ................................. 44
Section 160-080: Access ........................................................................ 44
Driveway and Parking Lot Improvements...................................... 44
vii
TABLE OF CONTENTS (Cont'd)
ORDINANCE #4
PAGE NUMBER
DIVISION 165: Building Numbers
Section 165-010: Numbers Required...................................................... 44
Section 165-020: Alternative Display ......................................................44
DIVISION 170: Sporting, Athletic, and Music Events.................................... 44
DIVISION 175: Planned Unit Developments (PUDs)
Section 175-010: Objectives ...................................................................45
Section 175-020: General Requirements................................................ 45
Section 175-030: Uses Permitted ........................................................... 46
Section 175-040: Relationship of PUD Site to Adjacent Areas ............... 46
Section 175-050: Minimum Size ............................................................. 46
Section 175-060: Minimum Lot Size ....................................................... 46
Section 175-070: Setback and Side Yard Requirements........................ 47
Section 175-080: Access to Public Right-of-Way.................................... 47
Section 175-090: Utility Requirements.................................................... 47
Section 175-100: Open Space................................................................ 47
Section 175-110: Parking........................................................................ 47
Section 175-120: Arrangement of Commercial Uses.............................. 47
Section 175-130: Arrangement of Industrial Uses .................................. 47
Section 175-140: Pre-Application Meeting.............................................. 47
Section 175-150: Application .................................................................. 48
Section 175-160: Actions........................................................................ 49
Section 175-170: PUD Agreement.......................................................... 49
Section 175-180: Final Review and Approval......................................... 50
Section 175-190: Documentation Required ............................................ 50
Section 175-200: Action on Final Application.......................................... 51
Section 175-210: Time Limit ...................................................................52
Section 175-220: Annual Review............................................................ 52
Section 175-230: Completion.................................................................. 52
Section 175-240: Site Improvements...................................................... 53
Section 175-250: Construction................................................................ 53
Section 175-260: Maintenance of Common Open Space....................... 53
Section 175-270: Homeowners Association ........................................... 53
DIVISION 180: Variances................................................................................. 53
Section 180-010: Board of Appeals and Adjustment .............................. 54
Section 180-020: Variance Procedures .................................................. 54
viii
TABLE OF CONTENTS (Cont'd)
ORDINANCE #4
PAGE NUMBER
Section 180-030: Variance Appeal Procedures ...................................... 55
DIVISION 185: Interim Use
Section 185-010: Purpose ...................................................................... 56
Section 185-020: Application, Public Hearing, and Procedure ............... 56
Section 185-030: Termination................................................................. 56
Section 185-040: Standards ................................................................... 57
Section 185-050: Conditions... ......... .... ... ...... ..... ...... .................. ............. 57
DIVISION 190: Amendments........................................................................... 57
DIVISION 195: Special Use Permits
Section 195-010: Procedure ................................................................... 57
Section 195-020: Standards ...................................................................58
Section 195-030: Denial for Non-Compliance......................................... 58
Section 195-040: Conditions...................................................................58
Section 195-050: Expiration....................................................................58
Section 1 95-060: Fees............................................................................ 58
DIVISION 200: Enforcement and Violations .................................................. 58
DIVISION 205: Fees and Licensing ................................................................ 59
DIVISION 210: Effective Date.......................................................................... 59
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City of Centerville Ord. #4
STATE 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
Centerville, Minnesota and providing for the administration and enforcement of such
regulations. Adult orientated businesses are regulated separately by City Ordinance.
The City Council of the City of Centerville ordains as follows:
DIVISION 10: General Provisions
Section 010-010: Title. This ordinance shall be known as Ordinance #4, City of Centerville Zoning
Ordinance except as herein referred to as "this Ordinance".
Section 010-020: Purpose. It is the purpose of this Ordinance to:
. Protect and promote public health, safety and general welfare.
. Protect the natural resources in the City.
. Establish land use patterns and development regulations consistent with the City of
Centerville Comprehensive Plan.
. Prevent overcrowding of land.
. Limit congestion and promote safety in the public rights-of-way.
. Prevent the premature demand of public services.
. Stage development consistent with the efficient provision of public utilities and
public services.
. Maintain the small town character and quality of living in the community.
. Establish compatibility of land uses in the City to protect existing investments and
property values.
. Promote opportunities for cohesive and compatible business development.
. Establish guidelines and regulations to promote housing variety and quality living
environments.
Section 010-030: Jurisdiction. The geographic jurisdiction of this Ordinance includes the entire area
within the corporate limits of Centerville, Minnesota. Land areas which may be added to the City by
annexation, merger or other means shall be classified R-1 Rural Residential until such time that the City
Council may rezone the added territory to more appropriate classification.
Section 010-040: Application. Where the conditions imposed by any provisions of this Ordinance are
either more or less restrictive than comparable conditions imposed by any other regulation, the
regulations which impose the higher standard or requirements shall prevail.
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
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>rovision to other circumstances shall not be affected.
Section 010-060: Repeal. Ordinances, including all prior Zoning Ordinances and Amendments or parts
thereof in force at the time this Ordinance shall take effect and Ordinances inconsistent herewith are
hereby repealed, including Centerville Ordinance #10. Nothing contained in this Ordinance repeals or
amends any Ordinance requiring a permit or license to engage in any business or occupation.
Division 15: Definitions
Section 015-010 Specific purposes. For the purposes of this Ordinance, certain words contained
herein have the following meaning. Other words not included in this Section shall have the meaning
defined in Minnesota State Statutes. Other words not so defined shall have the meaning customarily
associated with them.
Section 015-020: Definitions.
Abandonment - To cease or discontinue a use or activity without intent to resume, but excluding
temporary or short term interruptions to a use or activity during periods of remodeling, maintaining, or
otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
Abutting - Having a common border with, or being separated from such a common border by a right-of-
way, alley or easement.
Accessory Building - A subordinate structure detached from but located on the same lot as the principal
structure, the use of which is incidental and accessory to that of the principal structure.
Accessory Use - A use incidental to, and on the same lot as, a principal use.
Agriculture - The use of land for agriculture purposes, including farming, dairying, pasturage,
agricultural, horticulture, floriculture, viticulture, and animal poultry husbandry and the necessary
accessory uses for packing, treating, or storing the produce; provided, however, the operation of any
such accessory uses shall be secondary to that of normal agricultural activities.
Alley - A public or private way permanently reserved as a secondary means of access to abutting
property.
Alteration - Any change, addition, or modification, in construction or occupancy of an existing structure.
Alteration, Structural - Any change in the supporting members of a building or structure, such as
bearing walls, columns, beams, or girders; provided, however, the application of any exterior siding to an
existing building for the purpose of beautifying and modernizing shall not be considered a structural
alteration.
Antenna - Any system of wires, poles, rods, reflecting discs, satellite dishes or similar devices used for
transmission or reception of electromagnetic waves external to or attached to the exterior of any
uuilding.
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City ofCenterville Ord. #4
Apartment - A room or suite of rooms, including bath and kitchen facilities, in a multiple-family building
designed for occupancy by a single family.
Apartment, Accessory - An apartment that is secondary and incidental to a principal use or building.
Area Identification Sign - A freestanding sign which identifies the name of a residential subdivision,
commercial or industrial development.
Basement - A portion of a building located partly underground, having more then 50% of its floor-to-
ceiling height below the average grade of the adjoining ground. Split level, split entry and earth sheltered
homes shall be construed to satisfy basement requirements.
Block - A tract of land bounded by streets, or a combination of streets, parks, cemeteries, railroad rights-
of-way, shore lines, waterways or corporate boundary lines of the City.
Board - The Board of Appeals and Adjustments of the City of Centerville.
Boathouse - A structure designed and used solely for the storage of boats or boating equipment.
Building - Any structure having a roof which may provide shelter or enclosure of persons, animal or
chattel, and when said structure is divided by party walls without openings, each portion of such building
so separated shall be deemed a separate building.
Buildable Area - The space remaining on a zoning lot after minimum yard and open space requirements
have been met.
Building Coverage - See Lot Coverage.
Building Line - The line, parallel to the street line, that passes through the point of the principal building
nearest the front lot line.
Building, Principal - See Principal Structure.
Business Area - Any business activity, which renders service to other commercial or industrial
enterprises.
Certificate of Occupancy - Issued by the Building Official/lnspector of the City upon satisfactory
final inspection of dwelling unites) or commercial building(s).
City Council or Council - The City Council of the City of Centerville.
Clear Cutting - The indiscriminate removal of trees, shrubs, or undergrowth with the intention of
preparing real property for non-agricultural development purposes. This definition shall not include the
selective removal of non-native tree and shrub species when the soil is left relatively undisturbed,
removal of dead trees or normal mowing operations.
Clinic - Any establishment where human patients are examined and treated by doctors or dentists but
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not hospitalized overnight.
Club - Any establishment operated for social, recreational, or educational purposes but open only to
members and not the general public.
Cluster Housing - The grouping of single-family dwellings within specified areas while maintaining the
same overall allowable density in that same area.
Commercial Use - An occupation, employment, or enterprise that is carried on for profit by the owner,
lessee, or licensee.
Commission - The Planning and Zoning Commission of the City of Centerville.
Commissioner - A member of the Planning and Zoning Commission.
Comprehensive Plan - A compilation of policy statements, goals, standards and maps for guiding the
physical, social and economic development of the City and including a land use plan, a community
facilities plan and a transportation plan which has been prepared and adopted by the City of Centerville.
Conditional Use - A use, which because of special problems of control requires reasonable limitations
peculiar to the use for the protection of the public welfare and the integrity of the Comprehensive Plan.
;onditionaJ 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.
Contractor's Yard - An area where vehicles, equipment and/or construction materials and supplies
commonly used by building, excavation, roadway construction and similar contractors are stored or
serviced. The contractor's yard includes both areas of outdoor storage and areas confined within a
completely enclosed building used in conjunction with a contractor's business.
Coverage - That portion of a lot covered by principal and accessory use structures.
Cul-de-sac - A local street, one end of which is closed and consists of a circular turn around.
Day Care Facilities - A state licensed day care facility, as defined in Minnesota Statutes, Chapter 462.
Deck - A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other
features, attached or functionally related to a principal use or site.
Density - The number of dwelling units permitted per net acre of land.
Development - All structures and other modifications of the natural landscape above and below ground
water, on a particular site. ..
District - See Zone.
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Drive-In Establishment - An establishment which accommodates the patron's automobile from which
the occupants may receive a service or in which products purchased' from the establishment may be
consumed or business conducted in the automobile,
Dwelling - A building or portion thereof that provides living facilities for one or more families,
Dwelling, Single-Family, Attached (group, row, and townhouses) - One (1) of two (2) or more
residential buildings having a common or a party wall separating dwelling units,
Dwelling, Single-Family, Detached - A residential building containing not more than one (1) dwelling
unit entirely surrounded by open space on the same lot
Dwelling, Two-Family - A building used exclusively for occupancy by two (2) families living
independently of each other.
Dwelling, Multiple - A detached, residential building containing three (3) or more dwelling units,
including what is commonly known as an apartment building, but not including group, row or townhouses,
Dwelling, Seasonal - A dwelling not used for permanent residence and not occupied for more then six
months in each year.
Dwelling Unit - One (1) or more rooms physically arranged so as to create an independent
housekeeping establishment for occupancy by one (1) family with separate toilets and facilities for
cooking and sleeping,
Easement - The right of a person, government agency, or public utility company to use public or private
land owned by another for a specific purpose.
Essential Services - Public and private utilities required by the resident and working population.
Family - An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of
not more than five (5) persons not so related, living together as a single housekeeping unit using
common cooking and kitchen facilities.
Facade - The exterior wall of a building exposed to a public view or that wall viewed by persons not
within the building.
Fence - Any artificially constructed barrier of any material or combination of materials erected to enclose
or screen areas of land,
Flood Plain - Flood plain or flood-prone area means any land area susceptible to being inundated by
water from any source.
Floodway - The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the 100-year flood without cumulatively increasing the water surface
elevation more than one foot at any point
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Floodway Fringe - All that land in a flood plain not lying within a delineated f1oodway. Land within a
f100dway fringe is subject to inundation by relatively low velocity flows' and shallow water depths.
Floor Area - The sum of the gross horizontal areas of the several floors of a building or dwelling unit,
measured from the exterior walls or from the centerline of party walls separating buildings, excluding
basements.
Floor Area Ratio - The total floor area on a zoning lot divided by the total site area of the lot or parcel
being developed.
Freestanding Sign - Any sign supported by structures or supports that are permanently anchored in the
ground and that are independent from any building or structure.
Frontage - The front or frontage is that side of a lot abutting on a street or way and ordinarily regarded as
the front of the lot, but it shall not be considered as the ordinary sideline of a corner lot.
Garage, Private - Any accessory building or an accessory portion of a principal building designed or
used solely for the storage of motor vehicles, boats and other personal belongings which are owned or
used by the occupants of the building to which it is accessory
Glare - A sensation of brightness within the visual field that causes annoyance, discomfort, or loss in
isual performance and visibility.
Grade - The lowest point of elevation of the finished surface ofthe ground, paving, or sidewalk within the
area between the building and the property line, or when the property line is more than five feet from the
building, between the building and a line five feet from the building.
Height of Building - The vertical distance from the average elevation of the finished grade at the front of
the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the
mean height between eaves and ridge for gable, hip and gambrel roofs.
Home Occupation - An occupation, profession, activity, or use that is clearly a customary, incidental,
and secondary use of a residential dwelling unit and which does not alter the exterior of the property or
affect the residential character of the neighborhood.
Hotel- A building occupied as more or less temporary abiding place of individuals who are lodged with or
without meals for compensation and in which there are more than ten (10) sleeping rooms usually
occupied singly, and in which no provision is made for cooking in any individual apartment.
Impervious Surface - Any material that substantially reduces or prevents the infiltration of storm water
into previously undeveloped land. Impervious surface shall include graveled driveways and parking
areas.
lustrial Park - A planned, coordinated development of a tract of land with two or more separate
.. .dustrial buildings. Such development is planned, designed, constructed, and managed on an
integrated and coordinated basis with special attention given to on-site vehicular circulation, parking,
utility needs, building design and orientation, and open space.
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Junk Yard - Land or structures used for the storage or keeping of junk, including scrap metals, orforthe
dismantling or "wrecking" of automobiles or other vehicles or machinery, other than the storage of
materials which is incidental or accessory to any business or industrial use on the same lot.
Kennel - Commercial - Any structure or premises on which five (5) or more domestic animals over six
(6) months of age are kept, owned, boarded, groomed, sheltered, protected, bred, or offered for sale or
any other merchandising. Every commercial kennel shall be enclosed or fenced in such a manner as to
prevent the running at large or escape of the domestic animal(s) confined therein.
Light Manufacturing - The processing and fabrication of certain materials and products where no
process involved will produce noise, vibrations, air pollution, fire hazard or noxious emissions which will
disturb or endanger neighboring properties.
Lot - A platted parcel of land intended to be separately owned, developed, and otherwise used as a unit.
Lot Area - The area of horizontal plane bounded by the vertical planes through front, side, and rear lot
lines.
Lot, Corner - A lot abutting on and at the intersection of two or more streets.
Lot Coverage - Determined by dividing that area of a lot which is occupied or covered by the total
horizontal projected surface of all buildings, including covered porches and accessory buildings, by the
gross area of that lot.
Lot Depth - The average horizontal distance between the front and rear lot lines.
Lot, Interior - An interior lot is a lot other than a corner lot.
Lot Line - A line dividing one lot from another lot or from a street or alley.
Lot Line, Front - On an interior lot, the lot line abutting a street; or, on a corner lot, the 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 lot line not a front or rear lot line.
Lot, Minimum Area Of - The measurements of a lot computed exclusive of any portion of the right-of-
way of any public thoroughfare.
Lot of Record - A lot, which is part of a subdivision or plat, an Auditor's Subdivision or a registered Land
Surveyor a parcel of land not so platted, which has been approved by the City or meets the following
conditions:
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City of Centerville DId. #4
A. Was a separate parcel of record April 1 , 1945 or the date of adoption of subdivision
regulations under Laws 1945, Chapter 287, whichever is later, or of the adoption of
subdivision regulations pursuant to a Home Rule Charter; and
B. Was the subject of a written agreement to convey entered into prior to such a
time; and
C. Was a separate parcel of not less than two and one half (2 %) acres in area and
one hundred fifty (150) feet in width on January 1, 1966; and
D. Was a separate parcel of not less than five (5) acres in area and three
hundred (300) feet in width on July 1, 1980; and
E. Is a single parcel of commercial or industrial land of not less than five (5) 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 (2) or more lots or parcels, anyone of
which is less than twenty (20) acres in area or five hundred (500) feet in width.
Lot, Substandard - A lot or parcel of land that has less than the required minimum area or width, as
established by the zone in which it is located and provided that such lot or parcel was recorded as a
legally created lot on the effective date of the ordinance codified in this title.
Lot, Through - A lot having its front and rear yards each abutting on a street.
Lot, Width - The horizontal average distance between side lot lines, measured at the required front
setback line.
Manufactured Housing - Single-family detached housing that is built to the National Manufactured
Housing Construction and Safety Standards Act of 1974, and shall include structures known as
manufactured homes or mobile homes.
Mineral Extraction - The extraction of soil, sand, gravel, rock or other such material from the land.
Motor Vehicle - A self-propelled vehicle for personal or business use as defined in Minnesota Statutes
9.01.
Motor Fuel Station - An establishment where gasoline, diesel, kerosene, motor oil and lubricants are
sold or used in servicing motor vehicles and where usual motor vehicle repairs and services are
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performed.
Non-Conforming Structure or Use - A structure or use lawfully in existence on the effective date of this
ordinance or any amendment thereto and not conforming to the regulations for the district in which it is
situated.
Nursing Home or Rest Home - A licensed establishment having accommodations for the continuous
care of two or more invalid, infirm, aged convalescent patients or disabled persons that are non-related.
Occupancy Permit - Permission received by the City to use/occupy a premises.
Open Space - Any unoccupied land space open to the sky.
Ordained - To order by virtue of established authority.
Ordinary High Water Line (OHWL) - A line delineating the highest water level which has been
maintained for a sufficient period of time to leave evidence on the landscape. The ordinary high water
mark is commonly that point where the natural vegetation changes from predominantly aquatic to
terrestrial.
Performance Standard - A criterion established to control appearance, noise, odor, toxic or noxious
matter, vibration, fire and explosive hazards, glare, heat, waste and other potential impacts generated by
or inherent in uses of land or buildings.
Planned Unit Development - A tract of land, which will contain two or more principal structures,
developed under unified ownership or control, the development of which may be unique and of a
substantially different character than that of the surrounding area.
Plat - The drawing or map of a subdivision prepared for filing 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.
Principal Use or Principal Structure - The main use to which the premises are devoted and the
purpose for which the premises exist.
Private Property - Any real property within the City which is privately owned and which is not a public
property as defined in this section.
Public Hearing - An official public meeting, which notice has been published in the official newspaper.
Public Property - Any street or highway that includes the entire width between the boundary lines of
every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly
owned property or facility.
Recreational Use - Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat-
launches ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries,
shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking, bicycling and
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horseback riding trails.
Recreational Vehicles - A mobile vehicle, including boats, used for recreational purposes capable of
being towed or being self-propelled.
Residential Facility - A state licensed residential facility, defined by Chapter 462, Minnesota
Statutes, serving six (6) or fewer persons, in a Single-Family Residential District and no more than
sixteen (16) persons in a Multiple-Family Residential District.
Right-of-Way - A street, alley or easement permanently established for the passage of persons and
vehicles, including the traveled surface of lands adjacent that are formally 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.
Sewer System - Pipelines or conduits, pumping stations, forcemain, and all other construction devices,
appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point
of ultimate disposal.
Shore Impact Zone - Land located between the ordinary high water level of a public water and a line
,arallel to it at a set back of fifty percent (50%) of the structure setback.
Sign - See Ordinance #39.
Significant Historic Site - Any archaeological site, standing structure, or other property that meets the
criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic
Sites, or is determined to be an unplanted cemetery that falls under the provisions of Minnesota Statutes,
Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is
determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the
Director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be
significant historic sites.
Story - That portion of a building included between the surface of any floor and the surface of the next
floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above
it.
Story-Half - That portion of a building under a gable, hip or gambrel roof the wall plates of which, on at
least two opposite exterior walls, are not more than two feet above the floor of such story.
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
:hniques and farming practices are used in accordance with the proviSion of this ordinance. Where
~I-'ecific 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.
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Street Access - A public thoroughfare, which affords the principal means of abutting land.
Street Line - The legal line of demarcation between a street and abutting land.
Structure - Anything constructed or erected, the use which requires a location on the ground, or attached
to something having a location on the ground, or an attachment to something having a fixed location on
the ground; including, in addition to buildings, billboards, carports, porches, 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 leasehold interest,
necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other uses
or any combination thereof, except those separations:
A. Where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or
larger in size and five hundred (500) feet in width for residential uses and five (5)
acres or larger in size for commercial and industrial uses; and
B. Creating cemetery lots; and
C. Resulting from court orders, or the adjustment of a lot line by the relocation of a
common boundary. The purpose or activity for which the land or building thereon is
designed, arranged, or intended, or for which it is occupied or maintained and shall
include any manner of performance of such activity with respect to the performance
standards of this ordinance.
Supply Yard - A commercial establishment storing or offering for sale building supplies, steel supplies,
coal, heavy equipment, feed and grain, and similar goods. Supply yards do not include the wrecking,
salvaging, dismantling or storage of automobiles and similar vehicles.
Townhouse - Single-family, attached units in structures housing three or more continuous dwelling units,
sharing a common wall, each having separate and individual front and rear entrances; the structures
being as of a row house type as distinguished from multiple dwelling apartment buildings.
Travel Trailers - A mobile vehicle with wheels, designed for overnight living or camping purposes,
capable of being towed by a motor vehicle.
Use, Permitted - A use that is permitted in the district under which it is listed.
Usable Open Space - A ground area on a lot, which is graded, developed, landscaped or equipped or
intended and maintained for recreation or leisure, available to and useable by persons occupying a
dwelling unit and their guests.
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Variance - The waiving by Board action of the literal provisions of the Zoning Ordinance in instances
where their strict enforcement would cause undue hardship because of circumstances unique to the
individual property under consideration.
Vehicle - Any vehicle which is self-propelled or designed to be pushed or pulled and shall include, but
not be limited to, automobile, busses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts,
golf carts, campers, trailers, boats, planes and gliders.
Vehicle Abandoned - Any vehicle as defined in this section, which does not have lawfully affixed or
attached thereto an un-expired state registration or license plate or plates, or the condition of which is
wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded.
Water-Oriented Accessory Structure or Facility - A small above ground building or other improvement
except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a
surface water feature, reasonably needs to be located closer to public waters than the normal structure
setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish
houses, pump houses, and detached decks.
Wetland - Lands transitional between terrestrial and aquatic systems where the water table is usually at
or near the surface or the land or is covered by shallow water. For purposes of this definition, wetlands
must have the following three characteristics:
A. Predominance of hydric soils; and
B. Are inundated or saturated by surface or groundwater at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation typically adapted for life
in saturated soil conditions; and
C. Under normal circumstances support a prevalence of such vegetation.
Yard - A required open space on a lot which is unoccupied and unobstructed from the ground upward,
except as otherwise provided for herein. The measurement of a yard shall be construed as the minimum
horizontal distance between the lot line and the building line.
Yard, Front - A yard extending across the full width of the front lot between side lot lines and extending
from the abutting street right-of-way line to a depth required in the yard regulations of the district in which
such lot is located. On a corner lot the 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 side yard for purposes of calculating setbacks for accessory structures.
Yard, Rear - A yard extending along a side lot line between the front and rear yard lot line, having a width
as specified in the yard regulations for the district in which such lot is located.
Yard, Side - A yard between the sideline of the lot and the nearest line of the building and extending
1m the front yard to the rear yard.
Zoning District - An area or areas for which the regulations and requirements governing use, lot and
bulk of buildings and premises are uniform.
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Section 015-030: General Regulations.
For clarity and consistency in the understanding and application of this Ordinance the following shall
apply:
Use of the masculine gender includes the feminine and neuter genders unless otherwise specifically
noted.
Grammatical use of references made in the singular shall include the plural and the plural shall include
the singular, unless such use or reference is otherwise specifically stated.
Sentence construction or phraseology in the present tense, and similarly, references in the future tense
may include the present.
The word "shall" is used to mean mandatory, whereas the word "may" is permissive and does not imply
obligation.
The catch lines of the sections of this Ordinance are intended as mere catchwords to indicate the content
of the section, and shall not be deemed or taken to be titles of such sections, nor be deemed to govern,
limit, modify or in any manner affect the scope, meaning or intent of the provisions of any sections.
Division 20: Scope and Interpretation
A. Scope
No structure, or part, thereof, shall be erected, converted, enlarged, reconstructed,
altered or moved without a permit approved by the City. No structure or land shall
be used for any purpose or altered in any manner that is not in conformity with the
provisions of this Ordinance. Unless otherwise noted, no structure permitted under
this Ordinance may be inhabited or occupied without a Certificate of Occupancy
issued by the City.
B. Relationship to Comprehensive Plan
Interpretation and enforcement 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 amendments to the
Comprehensive Plan, this Ordinance or both.
C. Minimum Requirements
In their interpretation and application, the provisions of this Ordinance shall be held
to be the minimum requirements for the promotion of the public health, safety and
general welfare.
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D. Use Not Identified
Uses not specifically identified in this Ordinance as permitted shall be prohibited.
Amendments to this Ordinance shall be required to allow any use, which is not
clearly permitted by right.
E. Deadline for Actions
It is the intent of the City to comply with State requirements for timely review and
actions requiring formal approval by the City. Information submissions and
applications must be determined by the City to be complete before a time line for
action is initiated. In the event the City cannot act upon a request within a sixty (60)
day time frame, the City will notify an applicant in writing that action will be
completed within 120 days of the date the application was accepted by the City. In
the event that multiple approvals are involved in any action, such as a site plan
review requiring a variance or a Zoning Ordinance amendment requiring a
Comprehensive Plan amendment, each action shall require a separate,
independent timeline for action.
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 whether certain provisions in this Ordinance
are affected by other Ordinances.
G. Adopting the Minnesota Building Code
Providing for its administration and enforcement, regulating the erection,
construction, occupancy, equipment, use, height, area and maintenance of all
buildings and/or structure in the 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 Table
A; 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
minimum requirements for the division of property under
ordinance regulations in effect at the time of the division of
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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 required.
C. If two (2) or more lots are in single ownership and if all or part of the lots do not
meet the width and area requirements of this Ordinance, the contiguous lots shall
be considered to be an undivided parcel for the purpose of this Ordinance.
Division 30: Non-ConforminQ Uses and Structures
Any structure or use existing upon the effective date of the adoption of this Ordinance, which does not
conform to the provisions of the Ordinance, may be continued subject to the following conditions:
A. The non-conforming use is not expanded or enlarged, except in conformity with the
provisions of this Ordinance; and
B. If a non-conforming use is discontinued or a non-conforming structure is abandoned
for a period of 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
D. If a non-conforming use or structure is damaged by any cause to the extent that
repair or replacement costs exceed fifty percent (50%) of the market value, the use
or structure may not be replaced or repaired except in conformity with this
Ordinance; and
E. Normal maintenance of a non-conforming structure is permitted, including
necessary non-structural repairs and incidental alterations, which do not extend or
intensify the non-conforming use.
Division 35: Home Occupations
Home occupations in the City must meet the following criteria:
A. Home occupations shall be conducted solely by persons residing in the residence
with the exception of no more than one additional 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. See Ordinance #39; and
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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 130-140: 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 orthe use of substances which may be hazardous to
or in any way jeopardize the health, safety or welfare of neighbors and neighboring
property shall not be permitted.
Division 40: Sinale-Familv Dwellina Reauirements
III Single-family, detached dwellings shall be constructed according to the following minimum
standards:
A. All dwellings shall have a minimum width of twenty-four (24) feet at its narrowest
point, with the exception of the M-1 District; and
B. Metal siding, with exposed panels exceeding twelve (12) inches in width, shall not
be permitted; and
c. All newly constructed Single-family, detached dwellings shall have attached
garages. Garages may not be converted to habitable space without replacing the
required garage; 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 (1) foot from all the walls of the structure.
Division 45: Temporary Dwellinas and Structures
The use and occupancy of a tent, recreation vehicle or other temporary dwellings for the purpose of living
arters 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
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issued for a six (6) month period.
Division 50:
See Division 160: Parking Requirements/Off-Street Parking
Division 55: Public Utilities ReQuired
All residential, commercial, industrial, public, institutional or other uses, which include plumbing facilities,
shall be connected to the public sewer and water system when available. See Ordinance #'s 30 & 45.
Division 60: Relocated 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 with approval in accordance with Ordinance #8. 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: Accessory Structures and Uses
No more than two (2) accessory structures are permitted on any Single-family, detached dwelling parcel
located in any district except R-1. Combined aggregate square footage for accessory structures may not
exceed two hundred (200) square feet or two percent (2%) of the lot area whichever is greater, except in
the M-1 and R-4 District. No accessory structure may be constructed on a parcel without a principal
structure. Accessory structures 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 structure may
be placed in an easement.
In case an accessory structure is attached to the main building, it shall be made structurally a part of the
rnain building and shall comply in all respects with the requirements of this Ordinance applicable to the
rnain building. An accessory building, unless attached to and made a part of the main building, shall not
be closer than six (6) feet to the main building, except as otherwise provided in this section. The side
walls of an accessory building may not exceed ten (10) feet in height. The total area of an attached
accessory building (garage) shall be no greater than 1500 square feet per level. Swimming pools may
exceed the size requirements for accessory structures, but they can not exceed fifty (50) percent of the
rear yard.
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Commercial uses (as defined by Ordinance #4) in the M-1 District will follow the Commercial guidelines
for percentage of green space. For all other properties in the M-1 District, the maximum accessory
structure allowed is 704 square feet and 440 square feet in the R-4 District, neither to exceed the size of
the principal structure if an attached garage does not exist. If an attached garage exists, the maximum
accessory structure allowed is two (2) percent of the lot size or a maximum of 200 square feet.
Division 70: Site Plan Review Reauired
For all land use applications or permit applications, a site plan review is required by the Zoning
Administrator or their designee. Said review shall take place thirty (30) days priorto the desired Planning
and Zoning meeting. For example, if a property owner desires to construct a home (or any other
structure) and desires to have it presented to the Planning and Zoning Commission in May, the
application and site plan need to be presented to the Zoning Administrator or his/her designee the first
week in April.
Section 070-010: Submittal Requirements.
A. Boundary survey of parcel including identification of all monuments; and
B. Scaled location of all buildings, structures, driveways, sidewalk, trails, parking stalls
and curbing; and
C. Scaled identification of all setback dimensions from property lines; and
D. Scaled locations of all existing and proposed utilities and easements; and
E. Scaled depictions of floor plans for each story; and
F. Scaled depictions of each building elevation and descriptions of exterior building
materials and color schemes; and
G. Scaled site grading plans, including erosion and sedimentation control mechanisms
and procedures; and
I. Scaled delineations of any shoreland, floodplain or wetland areas on the site; and
J. Identification of any floodplain or wetland encroachments and detailed mitigation
plans; and
K. 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
L. Detailed descriptions of any site fencing, including type, location and height.
I. ~.. plans shall be dated and bear the preparer(s) name(s), including professional registrations or
certifications when appropriate or required.
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Section 070-020: Review Requirements. For actions that will require City review, applicants shall
submit sixteen (16) sets of site plans with a required application form and appropriate fees to the City
Clerk for distribution. Site plans will be evaluated for consistency with documentation requirements.
Upon acceptance of the application, site plans will be distributed to the appropriate City entity for review
and recommendation.
Action to approve, modify or deny site plan applications will be based upon consistency of the application
with the City's Comprehensive Plan, Zoning Ordinance, other policies and official controls and the
compatibility of the proposed action with existing area land uses, existing area investments and
neighborhood character, capacity of public streets and utilities and future planned land uses.
Section 070-030: Exceptions. The City may waive certain submittal requirements for residential
variance applications, when it is determined that submittal requirements are not applicable or are not
necessary to complete a review of the proposed action. The City may also waive certain submittal
requirements for other actions, when site plan information for the subject property has previously been
submitted to the City and may be more appropriately supplemented with new information.
Division 75: Final GradinQ and Landscapinq
Lots in all districts shall be subject to the following:
Subd. 1
No Occupancy Permit shall be issued until the lot upon which the structure is
constructed is brought to finished grade as specified, except during
inclement weather an escrow shall be deposited with the City as approved in
the fee schedule; and
Subd.2
Within six (6) months from the issuance of the Occupancy Permit the lot shall
be landscaped in a manner, which prevents erosion due to wind or water.
Extensions may be granted at the Building Official's discretion.
Division 80: Zonin!:l Districts/Use Re!:lulations
Section 080-010: Zoning Map. A map entitled "Centerville Zoning Map" is hereby adopted by
reference and declared to be part of this Ordinance as the Official Zoning Map.
Such map shall be on permanent file and available for public inspection in the City Hall. It shall be the
responsibility of the City Clerk to maintain and keep the map up to date and to record each amendment
thereto within thirty (30) days after official publication of the ordinance adopting the amendment.
Section 080-020: Interpretation of the Zoning Map. Where due to the scale, lack of detail or illegibility
of the Zoning Map attached hereto, there is an uncertainty, contradiction or conflict as to the intended
location of any zoning district boundary as shown thereon, the 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:
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A. Zoning district boundary lines are intended to follow lot lines, or be parallel or
perpendicular thereto, or along the centerlines of streets, rights-of-way or
watercourses, unless such boundary lines are 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. Where a zoning district boundary line divides a lot, the location of any such zoning
district boundary line, unless indicated by dimensions shown on the zoning map,
shall be determined by the use of the map scale shown thereon; and
D. If, after the application of the foregoing rules, uncertainty still exists as to the exact
location of a zoning district boundary line, the boundary line shall be determined in a
reasonable manner, considering the history of uses of the property and the history
of zoning ordinances and amendments in Centerville as well as other relevant facts.
Section 080-030: Establishment of Districts. For the purpose of this Ordinance, the City of Centerville
is hereby divided into the following zoning districts:
R-1 Rural Residential
R-2A High Density Single Family Residential
R-2 Single Family Residential
R-4 Single Family Manufactured Housing District
R-5 Single Family Residential - Estate
B-1 Commercial
1-1 Industrial Park District
P-1 Publicllnstitutional District
M-1 Mixed Use
Section 080-040: Rural Residential (R-1).
Purpose
The purpose ofthe R-1 District is to allow agricultural activities and non-sewered residential dwellings as
interim uses of the land. The City has limited vacant land for development and all land in the City is
planned for eventual urban uses. Because of the limited duration anticipated for agricultural uses in the
City and the incompatibilities which often exist between agricultural and non-agricultural uses, permitted
uses in the R-1 District will not reflect intensive commercial agricultural uses.
Permitted Uses
A. Single-family, detached, dwellings at a density not exceeding one (1) home perten
(10) acres; and
B. Residential accessory uses and home occupations; and
C. Crop production and vegetable gardening; and
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D. Produce stands for products raised on the premises; and
E. Tree nurseries and sod farms; and
F. Horses, livestock and fowl, not exceeding a density of one (1) horse or livestock
animal per acre or three (3) fowl per acre.
Special Requirements
Agricultural uses are permitted in the R-1 District subject to the following requirements:
A. Feed lots, runs, pens and similar intensively used facilities for animal raising and
care shall not be located within three hundred (300) feet of a neighboring property;
and
B. Accessory farm buildings shall not be erected within one hundred (100) feet of a
neighboring property.
Section 080-050: High Density, Single-Family, Residential (R-2A).
Purpose
It is intended that the R-2A District provide for higher density single family detached, attached and
multiple dwelling opportunities in areas where public utilities are available and required for service. The
design and circulation of new residential areas are also intended to be complimentary with and enhance
the community's small town atmosphere.
Permitted Uses and Structures
A. Single-family, detached dwellings.
B. Single-family, attached dwellings with more than four (4) dwelling units per building.
C. Apartments or condominiums at a density not exceeding twelve (12) units per acre.
D. Accessory uses.
E. Public parks and recreation uses.
F. Day care facility.
G. Residential facility.
H. Home occupations.
Section 080-060: Single-Family, Residential (R-2).
Purpose
It is intended that the R-2 District provide for lower density traditional single family detached dwelling
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>pportunities in areas where public utilities are available and required for service. The design and
circulation of new residential areas are also intended to be complimentary with and enhance the
community's small town atmosphere.
Permitted Uses and Structures
A. Single-family, detached dwellings.
B. Single-family, attached dwellings with two units.
C. Accessory uses.
D. Public parks and recreation facilities.
E. Day care facility.
F. Residential facility.
G. Home occupations.
Section 080-070: Single-Family, Manufactured Housing (R-4).
'urpose
. t is intended that the R-4 District provide for high density single-family, attached and detached residential
opportunities in areas where public utilities are available and required for service. The design and
circulation of new residential areas are also intended to be complimentary with and enhance the
community's small town atmosphere.
Permitted Uses and Structures
A. Single-Family, detached dwellings.
B. Single-Family, attached dwellings with four (4) units or less.
C. Accessory uses.
D. Public parks and recreation facilities.
E. Day care facility.
F. Residential facility.
G. Home occupations.
lecial Requirements
anufactured homes are permitted in all residential districts if they meet the design criteria for such
districts. All other manufactured homes shall be located only in designated manufactured home districts,
which meet the requirements of this Ordinance. The general intent of this district is to provide for
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manufactured housing in subdivided developments, in safe, attractive residential neighborhoods with all
urban services and desired amenities as other residential areas. No person shall erect, establish, extend
or enlarge a manufactured housing development within the limits of the City of Centerville without first
obtaining Site Plan approval from the City Council upon receipt of the recommendation of the Planning
and Zoning Commission. Approval shall be granted only upon compliance with all the following: 1.)
Compliance with all other terms of this Ordinance #4, Centerville Zoning Ordinance; 2.) Compliance
with all the terms of Ordinance #8, Centerville Subdivision Ordinance; 3.) The proposed development
must be located in the City's urban service area as shown in the Comprehensive Development Plan, and
must be served by public utilities as approved by the City of Centerville.
Section 080-080: Single-Family, Residential -Estate (R-5).
Purpose
It is intended that the R-5 District provide for low-density traditional single family residential where public
utilities are available and required for service. The design and circulation of new residential areas are
also intended to be complimentary with and enhance the community's small town atmosphere.
Permitted Uses
A. Single-Family, detached dwellings.
B. Accessory uses.
C. Public parks and recreation uses.
D. Day care facility.
E. Residential facility.
F. Home occupations
Section 080-090: Commercial District (B-1).
Purpose
It is intended that the B-1 District provide opportunities for retail and service business uses which require
larger development sites, highway visibility or highway access.
General Minimum Requirements
The following minimum requirements, as set forth, shall apply to all buildings that may be erected,
converted or structurally altered in Commercial Districts.
Setback
See Table A - Schedule of District Regulations Lot and Yard Requirements.
Building Height in Commercial Districts
As provided in Division #110 of this ordinance.
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)ff Street Parking
A. Space for a single vehicle shall be nine (9) feet by eighteen (18) feet or larger.
B. Off street parking area 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 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.
C. 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.
D. Also see Division #160.
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 parking, off street loading, or storage, and shall be
landscaped. The landscape treatment shall include a compact screen wall or fence, but shall not extend
within fifteen (15) feet of the street right-of-way. The planting or fence design must be approved by the
ite plan review process. The site plan review process requires a hearing before the Planning and
,,-oning 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;
the applicant shall comply with the following conditions:
A. File a copy of the screening plans with the Zoning Administrator.
B. 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.
C. The screening shall be maintained after completion.
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 owner on a continuous basis.
Green areas within abutting street right-of-ways will also be maintained by the property owner. See
Division #155 for other requirements.
Special Use Plan Review
'te plans for all uses requiring a special use permit must be submitted for review prior to the issuance of
.. ,e building permit.
A. Site development plan.
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B. 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.
C. Landscape plans, including the number, species, and size of all plantings.
D. Grading, drainage, parking areas, items to be stored, and utility plans.
E. See Division #195.
Accessory Structures
Garages, accessory structures, screen walls, buildings, and exposed areas of retaining walls shall be ot
similar type, quality, and appearance as the principal structure. Accessory structures shall comply with
all of Division #65.
Exterior of Building
All buildings shall be finished on all sides with permanent finished materials of consistent quality, per
Division #90, 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 Division #130-140.
Nuisance
See Division #130-040.
Driveways
A. 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 corner right-at-way and County line.
B. Access drive onto county roads shall require a review by the City Engineer.
This review shall be measured along the property line from the corner right-of-
way and County line.
Special Use Permits
As provided in Division #195 of this ordinance.
Criteria for issuance of Special Use Permit. When reviewing an application for a Special Use Permit the
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'Janning and Zoning Commission and City Council shall considered the following criteria:
A. Impact on traffic.
B. Impact on parks, streets, and other pubJic facilities.
C. Compatibility of the site plan, internal traffic circulation, landscaping and structures
with contiguous properties.
D. Impact of the use on the market value of contiguous properties.
E. Impact on general public health, safety, and welfare.
F. Compatibility with the City's Comprehensive Plan.
Signs
As provided in Ordinance #39.
Refuse
A. All premises shall be provided with, at owner's 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 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 fitting covers and shall be kept covered
when there is garbage stored therein.
B. 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
their enclosures be placed or maintained in such a way to unreasonably interfere
with the use or enjoyment of adjoining property.
C. All garbage containers shall be screened with a suitable enclosure.
D. 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 shall require the repair or replacement
of the container within fifteen (15) days. All container enclosures shall also be kept
in good repair.
Permitted Uses
A. Retail sales and service, but excluding adult orientated businesses.
B. Automobile and motorized equipment sales and service, excluding salvage operations.
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C. Farm implement sales and service.
D. Building supply sales and storage yards.
E. Funeral homes and mortuaries.
F. Day care centers.
G. Hotels and motels.
H. Full service gasoline sales and service.
I. Eating and drinking establishments.
J. Financial institutions.
K. Personal and professional business offices.
L Public buildings.
M. Barber/Beauty salons.
N. Commercial schools.
O. Hospitals and clinics.
P. Nursing homes.
Q. Commercial recreation.
R. Animal clinics.
S. Car washes.
T. Liquor stores.
Section 080-100: Industrial District (1-1).
Purpose
It is intended that the 1-1 District provide opportunities for light manufacturing and industrial uses, trade
businesses, machine shops and other more extensive land uses.
General Minimum Requirements
The following minimum requirements, as set forth herein, shall apply to all buildings that may be erected,
converted or structurally altered in Industrial Districts.
Setback
See Table A - Schedule of District Regulations Lot and Yard Requirements.
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In addition, side yards facing streets on corner lots shall be considered the same as front yards. Where a
front yard or side yard of a corner lot faces a residential district across a street, the setback from the
street shall be not less than 60 feet.
Building Height in Industrial Districts
As provided in Division #110 of this ordinance.
Off Street Parking
A. Space for a single vehicie shall be nine (9) feet by eighteen (18) feet or larger.
B. 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.
C. All open street parking areas having more than six (6) parking spaces shall be
effectively screened by a wall, fence of acceptable design, or compact hedge along
all sides which adjoin or are directly across the street from the property in a
residential zone or institutional use. 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 advertising purposes.
D. Parking constructed to fall within the minimum setbacks, See Table A.
E. 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.
F. Also see Division #160.
Buffer Zone Between Industrial and Residential Districts
Where the side yard of any Industrial District abuts a Residential District, the minimum side yard setback
shall be sixty 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:
A. File a copy of the screening plans with the Zoning Administrator.
B. The screening, planting or construction, or both shall be complete within one
year from the date of building permit, subject to extension by the City
Council.
C. The screening shall be maintained after completion.
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D. A dollar amount of one and one-halftimes 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 shrubbery or other approved ground
cover. Landscaped areas will continue to be maintained by the property owner on a continuous basis.
Green areas within abutting street right-of-ways will also be maintained by the property owner. Also see
Section #155.
Special Use Plan Review
Site plans for all uses requiring a special use permit must be submitted for review prior to the issuance of
the building permit:
A. Site development plan.
B. 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.
C. Landscape plans, including the number, species, and size of all plantings.
D. Grading, drainage, parking areas, items to be stored, and utility plans.
E. See Division #195.
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 Division
65.
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.
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:xterior Merchandise
See Division #130-140.
Nuisance
See Division #130-040.
Driveways
A. 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 corner right-of-way line.
B. Access drive onto county roads shall require a review by the City Engineer.
Special Use Permits
As provided in Division #195 of this ordinance.
Criteria for issuance of Special Use Permit. When reviewing an application for a Special Use Permit the
Planning and Zoning Commission and City Council shall considered the following criteria:
A. Impact on traffic.
B. Impact on parks, streets, and other public facilities.
C. Compatibility of the site plan, internal traffic circulation, landscaping and structures
with contiguous properties.
D. Impact of the use on the market value of contiguous properties.
E. Impact on general public health, safety, and welfare.
F. Compatibility with the City's Comprehensive Plan.
Signs
As provided in Ordinance #39.
Refuse
A. All premises shall be provided with, at owner's 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 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 fitting covers and shall be kept covered
when there is garbage stored therein.
B. 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. I n no event shall container or
their enclosures be placed or maintained in such a way to unreasonably interfere
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with the use or enjoyment of adjoining property.
C. All garbage containers shall be screened with a suitable enclosure.
D. 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 shall 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 on 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 outside and used by
employees and/or visitors in the normal course of the business operation will not be construed to be
outdoor storage. Further, outside parked trucks and semi-trailers used in the normal business commerce
will not be construed to be outdoor storage;
A. Provided that the total number of trucks and semi-trailers does not exceed the
number of docks and/or bay doors, and
B. Such use is not construed as an operation listed as a conditional use in any
industrial zone.
Permitted Uses/Uses Permitted on Special Use Permit
A. Business and professional offices.
B. Machine and repair shops.
C. Construction trade offices and yards.
D. Manufacturing, warehousing, distribution, processing, packaging, assembly and
research uses, except waste management.
E. Indoor shooting/archery range and sales.
F. Truck terminals. (Special Use Permit Required).
G. Mini-Storage (Special Use Permit Required).
H. Kennels (Special Use Permit Required)
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Section 080-110: Public/Institutional District (P-1).
Purpose
It is intended that the P-1 District provide opportunities for government facilities, schools, churches,
hospitals, libraries and other similar public and institutional uses.
Permitted Uses
A. Government buildings, structures, facilities, utilities, rights-of-way, easements,
parks, open spaces and vacant land.
B. Schools, churches, cultural and educational facilities and uses, libraries, hospitals
and health facilities.
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 other mixed uses.
Permitted Uses
A. Retail sales conducted within structures, but excluding automobile and motorized
equipment sales, truck stops, gasoline and fuel sales, drive through restaurants.
B. Repair and service conducted within structures, but excluding automobile and
motorized equipment repair.
C. Professional and business offices.
D. Multiple residences and accessory uses.
E. Accessory apartments.
F. Theaters and recreational businesses conducted within structures.
G. Public buildings.
Special requirements
It is the intent of these provisions to allow for flexibility of land uses and exceptions to traditional
dimensional standards, when other conditions and special requirements are met. These provisions are
not meant to allow unrestricted leapfrogging of land uses or disregard for compatibility of land uses.
Greater flexibility in zoning regulations often leads to more sUbjectivity in land use interpretations. In
aking zoning decisions about land use compatibility and dimensional criteria for uses and structures,
.. ,e City shall have broad discretion to protect the public health, safety and welfare; and to protect the
residential integrity of the Mixed Use District and surrounding residential neighborhoods.
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Setbacks and lot coverage for new or expanded structures shall be determined through the Site Plan
Review process by the Planning and Zoning Commission. 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 other site
design factors. Residential dwellings shall not be prohibited or discouraged in the M-1 District.
The use or conversion of a residential structure for commercial use, other than a home occupation, shall
require Site Plan approval by the Planning and Zoning Commission. Factors to be considered for such a
use conversion include. but are not limited to, compatibility with adjacent land uses, structural
appearance, structural adaptability, investment relationship, term or length of conversion (interim or
permanent) and consistency with any land use plans prepared by the City for the Mixed Use District.
The architectural design and exterior building materials used in connection with any new or expanded
use or structure shall be consistent with any architectural design or aesthetic control requirements
established by the City for the Mixed Use District.
Division 85: Zero Lot Lines
In new residential subdivisions in M-1, R-2A, R-2, R-3 and R-4 Residential Zoning Districts, structures
may be arranged to include one (1) zero lot line provided that no windows or doors open on this side of
the structure. The appropriate setbacks apply.
Division 90: Commercial Exterior BuildinQ Materials
Except; as otherwise regulated herein, the exterior wall surfaces of all new or expanded commercial
buildings shall consist of face brick, finished block or other textured masonry product approved by the
Planning and Zoning Commission. Exceptions to all masonry exteriors may be considered and approved
by the Planning and Zoning Commission provided the following findings are met:
A. The combination of exterior materials is used as an architectural compliment to the
structure.
B. The combination of exterior materials used is not inconsistent with the quality and
appearance used on similar buildings in the same zoning district or neighborhood.
c. Site conditions limit public exposure to certain exterior surfaces where masonry
products are not proposed.
D. An exterior wall may be temporary and a future expansion area of a structure and
be subject to removal or redesign as an interior wall.
Buildings are required to have contrasting architectural features and must be designed to be aesthetically
pleasing.
Division 95: Industrial Exterior BuildinQ Materials
Industrial buildings are required to be constructed of brick, decorative block or approved textured
masonry product. Pole barn type buildings are not allowed. Buildings are required to have contrasting
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architectural features and must be designed to be aesthetically pleasing.
Division 100: Fences
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 may be erected on
the property line of the respective properties. Such an agreement shall be
submitted at the time of building permit application. If the adjoining property owner
does not agree to the erection of such fence, the fence shall be set back a minimum
of two (2) feet from all lot lines. No fence other than a decorative fence may be
constructed along the side lot lines of a residential lot between the street and the
front extension of the dwelling house. As used herein, the term "decorative fence"
means a wood vertical post and wood horizontal rail fence with no more than three
(3) rails or a wood picket type fence with at least two (2) inches of open space
between each picket.
B. No residential fence may exceed six (6) feet in height and no decorative fence in the
front yard may exceed thirty-six (36) inches in height. Fencing in
commercial/industrial zoning shall not exceed eight (8) feet in height.
C. All fences shall be constructed and maintained in a substantial, workmanlike
manner and of material reasonably suited for the purpose for which the fence is
proposed to be used. Every fence shall be constructed so that the side containing
the framing supports and cross pieces face the interior of the fence owner's lot. Any
fence which does not comply with the provisions of this Section or which endangers
the public safety, health or welfare shall be considered a public nuisance.
Section 100-010: Snow-Stop Fencing. Snow-stop fencing may be used from November 1 to Apri/1.
No permit shall be required for temporary fencing.
Section 100-020: Electric and Barbed Wire Fence. Electric fences, hog wire fencing, barbed wire
fencing, and similar fencing will not be allowed except in the R-1 District.
Section 100-030: Visual Obstructions. No fence may be erected which creates visual obstructions at
any intersection, alley, driveway or street for safe vehicular, bicycle or pedestrian movement.
Section 100-040: Swimming Pool Fencing. No private swimming pool with a water depth exceeding
twenty-four (24) inches may be allowed unless enclosed by a permanent wall or fence not less than six
(6) feet in height with self-closing door and self-closing latch.
Division 105: Siqn ReQulations
See Ordinance #39.
ivision 110: HeiQht
Section 110-010: Structures. No structures or other building may be erected to a height exceeding
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thirty-five (35) feet without the issuance of a Special Use Permit.
Section 110-020: Excess Height on a Permit. Upon the securing of a Special Use Permit any building
may be erected to a height exceeding that specified for the respective district providing:
A. The front, rear and side yards shall be increased one (1 ) foot for each one (1) foot
by which the building exceeds the height limit established for such district; and
B. The structure is any of the following: television and radio towers, church spires,
belfries, monuments, tanks, water and fire towers, grain elevators, stage towers and
scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator
bulkheads, smokestacks, conveyors, flagpoles, silos, and air conditioning and
heating units; and
C. No tower, gable, spire, or similar structure shall be used for sleeping or eating
quarters, or for any commercial purpose except one (1) incidental to the permitted
uses of the main building.
Division 115: Yards
Section 115-010: General Requirements. The minimum depth offront yards, rear yard and side yard
for each District shall be as defined in the Schedule of Regulations and conform to the following
additional regulations:
A. All structures, whether attached to the principal structure or not, and whether open
or enclosed, including porches, carports, balconies or platforms above normal grade
level shall not project into any minimum front, side or rear yard; and
B. Lots which abut on more than one (1) street shall provide the required front yards
along each street for the principal structure. Side yard setbacks for an accessory
structure will apply to the frontage that is not considered to be the required front
yard; and
C. Any principal structure situated on lands contiguous to or abutting any portion of the
public lakes in Centerville shall maintain yard setbacks of seventy-five (75) feet from
the lake. Where adjacent structures have yard setbacks different from these
requirements, the minimum setback from the lake shall be the average setback of
such adjacent structures to a minimum of fifty (50) feet; and
D. The minimum side or rear yard depths for the following non-residential structures or
uses which abut any lot in any Residential District shall be:
1. Off-street parking spaces and access drives for non-
residential uses - Twenty (20) feet; and
2. Churches, schools and public or semi-public structures -
Forty (40) feet; and
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3. Recreation facilities, entertainment facilities, all business
uses and all industrial uses - Sixty (60) feet.
Section 115-020: Computing Front Yards. For the purpose of computing front yard dimensions,
measurements shall be taken from the nearest point of the front wall of the building to the street right-of-
way line subject to the following qualifications:
A. Cornices, canopies, or eaves may extend into the required front yard a distance not
exceeding two (2) feet, six (6) inches; and
B. A landing place or uncovered porch may extend into the required front yard to a
distance not exceeding six (6) feet, if the landing place or porch has its floor no
higher than the entrance floor of the building. An open railing no higher than three
(3) feet may be placed around such place; and
C. The above enumerated architectural features may also extend into any side or rear
yard to the same extent, except that no porch, terrace, or outside stairway shall
project more than three (3) feet into any side yard and then, in the case of an
outside stairway, only if it is unroofed and unenclosed above and below the steps.
In no case shall a porch, stair landing, or any other architectural feature extend
closer than four (4) feet to the side property line; and
D. On a corner lot in any Residential District, nothing shall be erected, placed, planted,
or allowed to grow in such a manner as materially to impede vision between a
height of two and one-half (2 1/2) and ten (10) feet above the centerline grades of
the intersecting streets in triangle bounded by the street of the lot and a line joining
points along the street lines fifty (50) feet from the point of the intersection.
Section 115-030: Erection of More than One Principal Structure on Lot. In any district, more than
one structure housing a conforming principal use may be erected on a single lot if yard and other
requirements of this ordinance are met for each structure as though it were on an individual lot. Required
on-site parking space shall be provided on the same lot as the principal building or use, except that
combined or joint parking facilities may be provided for two (2) or more buildings or uses in commercial
districts and in industrial districts, provided that the total number of spaces is not less than the sum ofthe
requirements for each building or use. The proposed joint parking space shall be within four hundred
(400) feet of the entrance of the use it will serve. A properly drawn legal instrument, approved by the
City, executed by the parties concerned, for joint use of the off-street parking facilities shall be filed with
the County Recorder's office.
Division 120: Performance Standards
Every use permitted by this ordinance shall be so established and maintained as to comply with the
provisions of this section. The Council may require the owner or operator of a use permitted by this
ordinance to provide such tests or investigations by an independent testing organization satisfactory to
e Council as are necessary to show compliance with these standards. The cost of such investigation
uud tests shall be shared equally by the owner or operator and the City unless the results disclose non-
compliance with these standards; in that event, the entire cost shall be borne by the owner or operator.
This provision does not preclude the City from making any investigations and tests it finds appropriate to
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determine compliance with these standards.
Division 125: On-Site Sewaae Treatment Standards
The installation and repair of individual on-site sewer systems shall be in compliance with Minnesota
Pollution Control Agency Rules, Chapter 7080.
A. Permit Required: No person shall install, repair, alter or pump an on-site sewer
system without first obtaining a permit.
B. License Required: Installation, repair, pumping and hauling of private on-site sewer
systems requires licensing per MPCA Rules, Chapter 7080 as administered by the
County.
Division 130: Nuisance Standards
Section 130-010: Odors and Emissions. Odors and emissions from any use shall not exceed the
regulations set forth by Minnesota Pollution Control Agency Rules.
Section 130-020: Dust and Particulate. Dust and particulate matter from any use shall be in
compliance with and regulated by Minnesota Pollution Control Agency Rules.
Section 130-030: Noise and Vibrations. Noise and vibrations generated from any use shall be in
compliance with and regulated by Minnesota Pollution Control Agency Rules.
Section 130-040: Glare. Direct or reflected glare, such as from flood-lights, spotlights, or high
temperature processes, and as differentiated from general illumination, shall not be visible beyond the
site of origin at any property line. Any lights used for exterior illumination shall be directed away from
adjacent properties.
Section 130-050: Waste. All waste generated from any use shall be managed in compliance with and
regulated by Minnesota Pollution Control Agency Rules. Waste generated on any premises shall be kept
in containers designed for waste collection and stored in a structure or within an approved enclosed or
screened area. The accumulation, storage, processing or disposal of waste, compost or recyclable
materials on any premises, which is not generated on that premises, is prohibited, except as specifically
provided in this Ordinance.
Section 130-060: Smoke. Smoke shall be measured at the point of emission by using the Ringelman
Smoke Chart published by the United States Bureau of Mines in Circular No. 7718. Smoke not darker or
more opaque than No.1 on that chart may be emitted except that smoke not darker or more opaque than
NO.3 on the chart may be emitted for a period not longer than four minutes in any thirty minutes. These
provisions applicable to visible gray smoke of a different color but with an equivalent capacity.
Section 130-070: Fumes or Gases. Fumes or gases shall not be emitted at any point in concentrations
that are noxious, toxic, or corrosive. The values give in Table I (Industrial Hygiene Standards - Maximum
Allowable Concentration for eight (8) hour day, five (5) days per week), Table III (Odor Thresholds),
Table IV (Concentrations of Substances Causing Pain in the Eyes), and Table V (Exposure to
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.ubstances 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 forthe elimination offumes
or gases before the issuance of a Building Permit.
Section 130-080: Fire Hazards. Any activity involving the use or storage of flammable or explosive
materials shall be protected by adequate fire-fighting and fire prevention equipment and by such safety
devices as are normally used in the handling of such materials. Such hazards shall be kept removed
from adjacent activities to a distance which is compatible with the potential danger involved.
Section 130-090: Air Pollution. Every activity shall conform to state regulations relating to air quality
standards and air pollution control.
Section 130-100: Radioactivity or Electrical Disturbance. No activity shall emit dangerous
radioactivity at any point or any electrical disturbance adversely affecting the operation of any equipment
at any point other than that of the creator of such disturbance.
Section 130-110: Explosives. Any activity or operation requiring the use, storage or manufacturing of
explosives shall be located no closer than five hundred (500) feet from any residence, provided further
that the location of said activity or operation is such that damage from explosion, including flying debris,
vibration or smoke, is limited to the site on which the activity or operation is permitted.
;:)ection 130-120: Burning. No person shall start or allow any open burning on any property in the City
. without first having obtained an Open Burn Permit. Any person setting a fire or burning anything in the
City shall do so following City Fire Department, Department of Natural Resources and Minnesota
Pollution Control Agency Rules. Recreational fires three (3) feet x three (3) feet are allowed.
Recreational fires must be actively attended by a responsible adult. When the fire is abandoned it must
be completely extinguished.
Section 130-130: Bulk Storage. The storage of all bulk liquids, fuels, chemicals, and gases shall be in
compliance with and regulated by Minnesota Pollution Control Agency Rules, Minnesota State Fire
Marshal rules and the Minnesota State Building Code.
Section 130-140: Outside Storage. All products, materials and equipment, except as specifically
provided in this Ordinance, shall be stored within permitted structures, except for the following:
Residential Districts and Dwellings in the M-1 Districts:
A. Agricultural products, equipment and appurtenances owned by the owner of the
property and used on the property on which they are kept; and
B. All licensed and operational motor vehicles shall be parked on the permitted
driveway area. Any non-licensed, non-operational vehicles must be stored in an
enclosed structure; and
C. A maximum of two (2) of the following units may be stored outside of a structure for
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more than forty-eight (48) hours on any residential parcel provided they are stored
on the permitted driveway area outside of the road right-of-way or are in a side or
rear yard. A licensed motor home or fifth wheel trailer is allowed in a side or rear
yard.
1 , Boat
2. Camper
3. Motor home
4. Snowmobile's
5. Personal watercraft
6. Personal Utility Trailer
7. Ice House
8. Small construction equipment
None of the above mentioned items may have an overall length from front to back in
excess of thirty-five feet (35').
D, Clothes lines, antennae, air conditioners, outdoor grills, play equipment, omaments
and monuments; and
E. Temporary storage of materials and equipment during construction and
landscaping.
F. Lakeshore properties can store the following items of personal property within 50' of
the shoreline during the months from September to May: docks, boat lifts, swim
rafts, slides, and other swimming equipment.
Commercial/Industrial Districts:
Storage of products, materials and equipment, excluding rubbish or junk, which is necessary to an
approved business operation in a Commercial or Industrial District, and which is completely screened
from adjoining properties and rights-of-way. The Site Plan Review process is required to determine the
appropriateness for storage permitted in this Section, surfacing required for the storage area and the
screening required. The Site Plan Review process requires a hearing before the Planning and Zoning
Committee and the City Council. Outside display of vehicles, equipment and merchandise for direct sale
to consumers when such outside display is customary and necessary to the trade and is a permitted use
within the zoning district. The Site Plan Review process is required to determine the appropriateness of
the storage or display proposed, surfacing required for the display area and any additional landscaping or
screening which may be required.
Division 135: Surface Water ManaClement
Storm water shall be managed in accordance with the City's Surface Water Management Plan, National
Urban Runoff Program (NURP) standards for the design of new storm water ponds and the Minnesota
Pollution Control Agency's, Urban Best Management Practices, titled "Protectina Water Qualitv in Urban
Areas", These standards shall be applied to the review of any proposed development occurring to
reduce non-point source pollutant loadings in storm water runoff.
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Existing natural drainage ways, natural water storage or retention areas, and vegetated soil surfaces
should be used to the greatest extent possible to store, filter and retain storm water runoff before
discharge occurs into any public waters. When natural features and vegetation are not available to
handle storm water runoff, constructed facilities such as diversions, settling basins, skimming devices,
dikes, and manmade waterways and ponds may be used. Preference shall be given to designs using
surface drainage, vegetation, and infiltration rather than buried pipes and man made materials and
facilities. Development should be planned and conducted in a manner that will minimize the extent of
disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes.
Division 140: Wetland Protection and ManaQement
In accordance with the Wetlands Conservation Act of 1991, the following regulations shall apply to
wetland areas:
A. Permanent natural buffer areas and appropriate erosion control measures be taken
surrounding wetland areas to prevent sedimentation of the wetland; and
B. Wetlands may not be drained or filled, wholly or partially, unless replaced by
restoring or creating wetland areas of at least equal public value. Wetland
encroachment must be guided by the following principles in descending order:
1. Avoiding the direct or indirect impact of the activity that may
destroy or diminish the wetland; and
2. Minimizing the impact by limiting the degree or magnitude of
the wetland activity and its implementation; and
3. Rectifying the impact by repairing, rehabilitating, or restoring
the affected wetland environment; and
4. Reducing or eliminating the impact over
time by preservation and maintenance operations during the
life of the activity; and
5. Replacing or providing substitute wetland resources or
environments.
Division 145: Woodland Preservation
In residential areas, structures shall be located in such a manner that the maximum number of
woodlands shall be preserved. If large numbers of trees are cut in residential areas, trees shall be
replanted in a density and manner satisfactory to the City Council. Clear cutting of woodlands for non-
agricultural purposes is prohibited, unless the action involves a utility or roadway, required by the public,
and includes a reforestation plan required by the City Council.
ivision 150: Erosion and Sedimentation Control
No land occupant or developer in the City shall cause or conduct any land disturbing activity which
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causes excessive erosion or sedimentation, or which results in damage to water or soil resources. All
development in the City shall conform to the natural limitations presented by the topography and soil
types in order to minimize soil erosion and sedimentation. Erosion and sedimentation controls shall be
consistent with the MPCA's, "Best Management Practice':
Land disturbing activities shall occur in increments of workable size such that adequate erosion and
sediment controls can be provided throughout all phases of the development. The smallest practical
area of land shall be exposed or otherwise disturbed at anyone period of time. Areas where natural
vegetative barriers are not enough to contain erosion and sedimentation from penetrating water bodies,
wetlands, water courses or neighboring properties shall be staked with silt fences and straw bales.
Division 155: Landscapinq
Section 155-010: Minimum Quantities. All new development activities, including site modifications or
use intensifications, shall be subject to landscaping improvements. The following table illustrates
guidelines within each zoning district:
District
R-1
R-2, 4 & 5
R-2A
B-1
M-1 8 trees or 1/3000 sq. ft. site area
1-1 8 trees or 1/3000 sq. ft. site area
P-1 8 trees or 1/3000 sq. ft. site area
Foundation Plantin S4
None
None
None
1/10 ft. building & parking
area
1/10 ft. building & parking
area
1/10 ft. building & parking
area
1/10 ft. building & parking
area
1 Trees shall be deciduous and planted at the boulevard, except on cul-de-
sacs where one of the required trees may be planted off the boulevard
but in the front yard area.
2 Trees shall be deciduous. Unit exposures with street frontage shall be
planted at the boulevard.
3 Tree spacing must include trees at the boulevard at minimum fifty (50)
foot intervals.
4 The calculation for the number offoundation plantings is based upon one
(1) planting for each lineal foot of building perimeter and parking lot
perimeter. Plantings may be grouped rather than dispersed at ten (10)
foot intervals.
5 The required number of trees is based upon a minimum of eight (8) trees
or one (1) tree per three thousand (3000) square feet of site area,
whichever is greater. Tree spacing must include trees at the boulevard at
minimum fifty (50) foot intervals.
Section 155-020: Minimum Standards.
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A. Overstorv Trees:
1. Deciduous Trees: Two and one half (21/2) inch caliper
planting size, balled and burlapped.
2. Coniferous Trees: Six (6) feet in height planting size, balled
and burlapped.
B. Foundation Plantinas: Coniferous and deciduous shrubs shall be planted at a
minimum of one-third the mature spread and height of typical growth habits.
C. Boulevard Trees: All boulevard trees shall be hardwood shade trees or flowering
trees.
D. Overstorv Mix: When multiple quantities of overstory trees are required, at least
seventy-five percent (75%) of the trees required shall be deciduous trees.
E. Hardiness: All landscape materials proposed shall be consistent with Minnesota
Hardiness Zones, whether indigenous or foreign. Plant species must all be tolerant
to snow storage, exposure to salt and sun scald in parking areas.
F. Diversification: In any development in which at least eight (8) overstory trees or
foundation plantings are required, at least three (3) varieties of boulevard trees are
required on each side of the block.
G. Warranty: All required landscape materials shall be warranted for growth for a
minimum of two (2) years after planting.
Division 160: Parkina Requirements/Off-Street ParkinQ
Parking Requirements
The following table illustrates the minimum number of parking spaces required for various uses permitted
in the City. The City may modify minimum parking requirements in the M-1 District, as part of the Site
Plan Approval process, if it is determined that the use is consistent with the purpose of the district and
street parking is sufficient to accommodate the use.
Uses
Minimum Parkina Reauired
Residential...................................2/dwelling unit
Churches .....................................1/3 seats in largest assembly
Schools........................................1/c1assroom plus 1/3 seats in largest assembly
Theaters ......................................1/3 seats
Restaurants ................................. 1/3 seats
Offices .........................................5/1,000 square foot gross floor space
Retail............................................ 6/1,000 square foot gross floor area
Convenience Stores ....................7/1,000 square foot gross floor area
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General Services .........................4/1 ,000 square foot gross floor area
Trade Businesses ........................ 3/1 ,000 square foot gross floor area
Manufacturing .............................. 3/1 ,000 square foot gross floor area
Other Industrial............................ 3/1 ,000 square foot gross floor areg,5
Car Washes................................. 5/stacking per bay
Drive-Up Restaurants ..................5 Stacking plus 1/3 seats
Off Street Parkina
When a building is enlarged, additional off-street parking shall be required only with respect to the
additional usable floor area. Parking spaces may be located on a lot other than that containing the
principal use with the approval of the City Council.
Section 160-010: Change in Facilities. An off-street parking area shall not be changed to any other
use until equal facilities are provided elsewhere. No parking area used or designated in connection with
a building in existence on the effective date of this ordinance shall be reduced to provide fewer than the
minimum number of parking spaces required under this Ordinance.
Section 160-020: Off-Street Parking and Loading Zones. No building shall be hereafter erected,
substantially altered, or its use changed unless off-street parking and loading spaces have been provided
in accordance with the provisions of this ordinance. The number of off-street parking spaces provided
shall be at least the minimum number provided in the schedule contained in this Section.
Section 160-030: Off-Street Loading. A loading space shall have minimum dimensions of not less
than twelve (12) feet in width, fifty (50) feet in length, exclusive of driveways, aisles, and other circulation
area. One (1) off-street loading space shall be provided and maintained on the same lot for each
commercial and industrial use requiring regular delivery of goods and having a modified gross floor area
of more than ten thousand (10,000) square feet. One loading space shall be provided for each additional
twenty-five thousand (25,000) square feet or fraction thereof. No off-street loading space shall be
located in any yard adjoining any residential use. Required off-street loading space shall not be included
as off-street parking space in computing required off-street parking space. Vehicles utilizing such loading
space shall not project into the public right-of-way.
Section 160-040: Fractional Space. When an application of the standards of this Ordinance with
respect to number of off-street parking spaces results in the need to provide a fraction of one (1) space,
any fraction of one-half (1/2) or less shall be disregarded and any other fraction shall be construed as
one (1).
Section 160-050: Uses Not Mentioned. For any use not specifically mentioned in the schedule of off-
street parking and loading requirements, the number of spaces required should be that required for that
use named in the schedule which is determined by the Planning Commission to be most similar.
Section 160-060: Spaces For Five or more Automobiles. Parking areas consisting of five or more off-
street parking spaces shall have individual spaces so marked and shall be so designed, maintained and
regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley
and so that any vehicle may be parked and unparked without moving another.
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Section 160-070: Improvement and Maintenance. Required parking and loading spaces, together
with driveways, aisles, and other circulation areas, shall be improved in such a way as to provide a
durable and dust-free surface. All parking and loading areas shall provide for proper drainage of surface
water to prevent the drainage of such water onto adjacent properties or walkways. The owner of any
parking or loading area shall maintain the area in good condition without holes and free of all dust, trash,
and other debris.
Section 160-080: Access. All off-street parking areas shall have access from driveways rather than
from public streets, said driveway access shall be limited to twenty-four (24) feet in width at the public
street line.
Drivewav and Parking Lot Improvements
All required ingress/egress points, driveways and parking areas shall be paved with asphalt, concrete,
pavers, cobblestone or similar material according to minimum City specifications, excluding R-1 Districts.
Driveways may not exceed a twenty-four (24) foot width at the streetline.
Division 165: Buildina Numbers
Section 165-010: Numbers Required. It shall be the duty of the owner, leaser, or occupant of every
house, industrial, commercial or other building to have proper house or building numbers either by
affixing to said building such numbers in metal, glass, plastic or other durable material. The numbers
hall not be less than six (6) inches in height, in a contrasting color to the base, and so placed to be
easily seen from the street.
Section 165-020: Alternative Display. In those cases where the principal building is obscured from
view from the street of address by accessory buildings, trees, shrubbery or other visual obstruction, the
numbers shall be displayed from a permanent mounting on the property so that they are clearly visible
from the street of address.
Division 170: Sportina. Athletic. and Music Events
Sporting, athletic, and music concert events, as defined herein, shall be permitted by Special Use Permit
in the Residential Districts of the City of Centerville, subject to the following requirements:
A. Sporting. athletic, or music events shall be defined as the conducting of such
events by individuals, non-profit or profit organizations, partnerships or corporations
wherein participants and/or patrons are charged an entry fee for the right to
participate in such event and/or compete for monetary or merchandise prizes.
Such events shall include, but not be limited to, softball, football, volleyball,
broomball, ice or field hockey, tennis, basketball tournaments, or outdoor music
concerts; and
B. Such activities shall be considered a Special Use within all Residential Districts of
the City and shall require a permit therefore. The City shall have the right to make
provisions in such permit for insuring public health and sanitation, traffic regulation,
noise and litter control and regulation on the number of events that may be
conducted on a specific site.
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Division 175: Planned Unit Developments (PUDsl
Section 175-010: Objectives. To help encourage a more creative approach to the use of land,
departures from the Centerville Zoning Ordinance may be granted by the City Council in the form of
Planned Unit Development Districts to achieve:
Subd. 1 :
Subd.2:
Subd. 3:
Subd. 4:
Subd. 5:
A maximum choice of living environments by allowing a variety of
housing building types and permitting an increased density per acre
and a reduction in lot dimensions, yard, building setbacks, and area
requirements; and
A more useful pattern of open space and recreation areas and, if
permitted as part of the project, more convenience in the location of
accessory commercial uses and services; and
A development pattern which preserves and utilizes natural features,
trees and other vegetation, and prevents the disruption of natural
drainage patterns; and
A more efficient use of land and a resulting substantial savings
through shorter utilities and streets; and
A development pattern in harmony with land use density;
transportation facilities, and community facilities objectives of the
comprehensive plan.
Section 175-020: General Requirements. A special use permit shall be required of all Planned Unit
Developments. The City may approve the PUD only if it finds the development satisfies all the following
standards:
Subd. 1:
Subd. 2:
Subd. 3:
Subd.4:
The development shall be planned so that it is consistent with the
Centerville Comprehensive Plan; and
The PUD is an effective and unified treatment of the development
possibilities on the project site and the development plan provides for
the preservation of unique natural amenities such as streams, stream
banks, wooded cover, rough terrain, and similar areas; and
The planned unit development proposal appears to harmonize with
both existing and proposed development in the area surrounding the
project site; and
The tract of land shall be under unified control at the time of
application and scheduled to be developed as one unit. In addition,
the development plan must include provisions for the preservation of
natural amenities; and
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Subd. 5: Each phase of the proposed development, as it is proposed to be
completed, is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete
unit, and that provision and construction of dwelling units and
common open space are balanced and coordinated; and
Subd. 6: The PUD will not create an excessive burden on parks, schools,
streets, and other public facilities and utilities which serve or are
proposed to serve the district; and
Subd. 7: The proposed total development is designed in such a manner as to
form a desirable and unified environment within its own boundaries;
and
Subd. 8: The plans required under this Section must be submitted in a form
which will satisfy the requirements of Ordinance #8 for the preliminary
and final plans; and
Subd. 9: Permission to develop specific parcels of land under the provisions
which follow shall be binding on all construction. Any change in the
development plan after approval by the City Council shall be
resubmitted for consideration; and
Subd. 10: Subdivision review under the Subdivision Ordinance shall be carried
out simultaneously with the review of a PUD under this section of the
Zoning Ordinance.
Section 175-030: Uses Permitted. Permitted uses may include any combination of dwelling units in
single-family, two-family, town or row houses; any non-residential use to the extent such non-residential
use is designed and intended to serve the residents of the planned unit development; public or private
education facilities; or other uses permitted in the Zoning District in which the planned unit development
is located. When a PUD proposes a mixture of residential uses with commercial uses, the Council may
limit the development of not more than ten percent (10%) of the tract to commercial uses.
Section 175-040: Relationship of PUD Site to Adjacent Areas. The design of a PUD shall take into
account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be so
designed as to minimize undesirable impact of the PUD on adjacent properties, and conversely, to
minimize undesirable impact of adjacent land use and development characteristics on the PUD.
Section 175-050: Minimum Size. A PUD shall consist of at least ten (10) acres.
Section 175-060: Minimum Lot Size. The minimum lot size requirements of other sections of this
Ordinance do not apply to a PUD except that the minimum lot size requirements of the underlying zone
all serve as a general guideline to determine the maximum dwelling unit density of the total
aevelopment.
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Section 175-070: Setback and Side Yard Requirements. Notwithstanding other provisions of this
article, setback and side yard requirements of lots in a PUD shall be at least equivalent to the spacing
requirements of buildings similarly developed under the terms of this ordinance on separate parcels.
Section 175-080: Access to Public Right-ot-Way. The site of a PUD shall abut, and the major internal
street or streets serving the PUD shall be connected to, at least one primary arterial, or neighborhood
"collector" street.
Section 175-090: Utility Requirements. Utilities, including telephone and electrical systems, installed
within a PUD shall be placed underground. Utility appurtenances, which can be effectively screened,
may be exempted from this requirement if the City finds that such exception will be consistent with the
objectives of this article and the character of the proposed PUD.
Section 175-100: Open Space. A minimum of twenty percent (20%) of the gross land area for private
or public open air recreational use protected by covenants running with the land or by conveyances or
dedicated as the Planning and Zoning Commission may specify shall be an integral part of the plan.
Such Open Space areas shall not include land devoted to streets, parking and private yards. Whenever
possible, common Open Space shall be linked to the Open Space areas of adjoining developments.
Common Open Space shall be of such size, shape, character, and locations as to be usable for its
proposed purpose.
Section 175-110: Parking. Off-street parking and loading space shall be provided in each PUD in the
same ratios for types of buildings and uses as required in the underlying Zoning District.
Section 175-120: Arrangement ot Commercial Uses. When a PUD includes commercial uses,
commercial buildings shall be planned as groups having common parking areas and common ingress
and egress points. Each commercial area shall be separated from abutting residential areas by
appropriate screens or fences. The design of commercial areas shall provide for the integrated and
harmonious design of buildings and for adequate and properly arranged facilities for internal traffic,
circulation, landscaping, and such other features and facilities as may be necessary to make the areas
attractive and efficient from the standpoint of adjacent non-commercial areas. Any area which is not to
be immediately improved or developed shall be landscaped or otherwise maintained in a neat and orderly
manner as specified by the City.
Section 175-130: Arrangement ot Industrial Uses. In any PUD including industrial uses, the industrial
uses shall be provided in park-like surroundings utilizing landscaping and existing woodlands as buffers
to screen lighting, parking areas, loading areas and outdoor storage of raw materials or products. An
industrial area in a PUD shall provide for the harmonious design of buildings and a compact grouping in
order to economize in the provisions of required utility services. Streets in a planned industrial area shall
be kept to a minimum in order to reduce traffic. All spaces between the right-ot-way line and the
industrial building line and all intervening spaces between buildings, drives, parking areas, and improved
areas shall be landscaped with trees and plantings and properly maintained.
Section 175-140: Procedure.
Pre-Application Meeting. Before submitting a formal application for a PUD under 55.03, the developer
shall meet with the Planning and Zoning Commission. The purpose ot this meeting is to discuss early
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and informally the purpose and effect of this Ordinance and the criteria and standards contained in this .
Ordinance and to familiarize the developer with the City's Comprehensive Plan, including the land use
plan, the major thoroughfare plan, and the parks and Open Space plan, and with the subdivision
regulations and the drainage, sewer, and water systems of the City.
Section 175-150: Application. An application for approval of a Preliminary Development Plan for a
proposed PUD shall be made to the Planning and Zoning Commission, by at least one owner or lessee
of property for which the PUD is proposed. The application shall be accompanied by a certified check or
money order to cover the costs incurred in checking and processing such plans in an amount affixed by
resolution of the City Council. The application with accompanying Outline Development Plan shall be
submitted (sixteen (16) copies) and shall include:
A. A vicinity map at a scale of one (1) inch equals two hundred fifty (250) feet showing
property lines, existing streets, existing zoning, and such other items as the
Planning and Zoning Commission may require to show the relationship of the
proposed PUD to the Comprehensive Plan of the City, to existing schools and other
community facilities and services, and to the surrounding area; and
B. A preliminary plan of the PUD in schematic form showing the following:
1. The existing topographic character of the
land; and
2. A composite of all natural amenities of the site including steep
slopes, drainage ways plus marshes, ponds and lakes; and
3. The size of site and proposed uses of the land to be developed
together with an identification of off-site land use; and
4. The density of land use to be allocated to the several parts of
the development; and
5. The approximate location of thoroughfares; and
6. The location of common open space including public schools,
parks and playgrounds or private natural preserves; and
7. The off-street parking system.
C. A written statement including the following:
1. A statement of the ownership of all land involved in the PUD
together with a summary of previous work experience; and
2. An explanation of the general character of the planned
development; and
3. A statement describing the ultimate ownership and
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maintenance of all parts of the development including streets,
structures and open spaces; and
4. A statement describing how all necessary governmental
services will be provided to the development; and
5. The total anticipated population to occupy the PUD, with
breakdowns indicating the number of school age children,
adults and families.
D. The proposed schedule for the development of the site.
E. A statement setting forth the reasons why, in the opinion of the applicant, the PUD
will be in the public interest and consistent with the objectives specified for PUDs by
Section 175-010.
Section 175-160: Actions.
Subd.1
Subd 2.
By Commission. Within sixty (60) days of the filing of the application, the
Planning and Zoning Commission shall hold a Public Hearing on the
proposed PUD following written and published notice as required for
amendments of the ordinance. Following such hearing and within sixty (60)
days of the filing of the application or at a later time agreed to by the
applicant, the Planning and Zoning Commission shall recommend approval
or disapproval of the preliminary proposal with such changes and conditions
as it may suggest and shall transmit its recommendations to the City Council.
In its recommendations the Commission shall determine whether the
proposed PUD is consistent with the objectives for PUDs specified in
Section 175-010 and with the Comprehensive Land Use Plan of the City;
and whether the benefits, combination of various land uses, if proposed, and
the inter-relationship with the land uses in the surrounding area justify the
deviation from standard district regulations allowed by this ordinance for
PUDs.
By Council. Upon receipt of the recommendations of the Planning and
Zoning Commission, the Council shall consider the application and, after
holding such public hearing as it deems desirable, shall approve or
disapprove the application with such changes or conditions, it any, as it may
deem appropriate. Refusal of any changes or conditions shall constitute
denial of the plans by".theCity Council. Failure of the land owner to notify the
City Council of his acceptance or refusal of the modification to the plan
constitute acceptance of these conditions. No Building Permits may be
issued on land within the PUD until final plans for the development have
been approved by the City Council under the procedures provided in
following sections.
Section 175.170: PUD Agreement. The Zoning Administrator shall instruct the City Attorney to draw up
a PUD Agreement which stipulates the specific terms and conditions approved by the City Council and
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,ccepted by the applicant. This agreement shall be signed by the Mayor of the City of Centerville,
Clerk/Administrator and the applicant within thirty (30) days of the City Council approval of the PUD
application and final plat. Where the PUD application and/or final plat is to be resubmitted or denied
approval, the City Council action shall be by written report setting forth the reasons for its actions.
Section 175-180: Final Review and Approval. An application for review and approval of the final
development plan shall be filed by the applicant with the Planning and Zoning Commission within six
months of the date on which approval of the preliminary plan was given by the Council. If application for
final approval is not made within the time required, the proposal shall be considered abandoned unless
an extension period is requested and granted by the City Council.
Section 175.190: Documentation Required. The final application shall be accompanied by the
following supporting documentation:
A. A final plan of the PUD in schematic form including the following:
1. The street system, lot layout and off street parking and loading
plan; and
2. The use, height, bulk and approximate location of buildings
and other structures; and
3. Land areas to be conveyed, dedicated or reserved for parks,
parkways, playgrounds, school sites, public buildings, and
similar public and semi-public uses; and
4. A site plan for each building site and common open area,
showing approximate location of buildings, structures and
improvements; and
5. Generalized elevations and perspectives of all structures; and
6. A site grading plan indicating the direction of flow of surface
drainage and all easements necessary for both ponding and
runoff; and
7. Plans, profiles, and specifications for the distribution of water,
collection of sanitary waste and storm water; and
8. A landscape plan indicating the location, size and type of plant
materials to be used; and
9. Plans, profiles, typical sections and specifications for proposed
street improvements; and
10. The density of land use to be allocated to the several parts of
the site being developed.
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B. A written statement including:
1 . The approximate date when construction will begin by stage of
development and the area of open space to be provided at
each stage; and
2. Agreements, provisions or covenants which govern the use,
maintenance and continued protection of the development and
any of its common open areas; and
3. Other conditions specifically required by the Commission and
the Council for the particular PUD.
Section 175-200: Action On Final Application. Procedure for action by the Planning and Zoning
Commission and the Council on an application for review and approval of the final plan for a PUD shall
be the same as prescribed by this article for the action on the preliminary proposal. In giving approval,
the Council may specify the length of time within which construction of the project must be begun or be
completed, and it may attach such other conditions as seem necessary. The final development plan
shall be in general conformance with the preliminary development plan as approved.
A. Criteria for Approval. The findings necessary for approval of both the preliminary
and final development plans shall be based on the following and describe in what
respect the plan would or would not be in the public interest.
1. The plan does not conflict with the Centerville Comprehensive
Plan.
2. The plan is designed to form a desirable and unified
development within its own boundaries.
3. The proposed uses will not be detrimental to present and
future land use in the surrounding area.
4. Any exceptions to the standard requirements of the Zoning and
Subdivision Ordinances are justified by the design of the
development.
5. The plan will not create an excessive burden on parks,
schools, streets, and other public facilities and utilities, which
serve or are proposed to serve the PUD.
B. Non-Compliance. In the event the plan as submitted for final approval is not in
substantial compliance with the preliminary development plan, the Zoning
Administrator shall notify the applicant within forty-five (45) days of the date of
application, setting forth the ways in which the plan is not in substantial compliance.
1. The applicant may treat such notification as denial of
preliminary approval; or
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2. The applicant may re-file his plan so that it does substantially
comply with the outline development plan;'or
3. The applicant may file a written request with the Planning and
Zoning Commission that it hold a public hearing on his request
for final approval. Any such hearing shall be held within thirty
(30) days after the request for such hearing. Within forty-five
(45) days of. such hearing the Planning and Zoning
Commission shall either grant or deny preliminary approval to
the plan.
C. Final Approval. The City Council shall review and approve the Final Development
Plan if it is in substantial compliance with Preliminary Development Plan. Following
this, the applicant shall record the Final Development Plan in the manner provided
for recording subdivision plats. If the Final Development Plan is not in substantial
compliance, the applicant shall be requested to repeat the procedures outlined for
the Preliminary Development Plan.
Section 175-210: Time Limit. If work on the PUD is not started within three months of the proposed
schedule date after final approval has been granted, approval shall terminate unless an extension period
is requested or granted by the City Council.
Section 175.220: Amendments. Amendments may be made in the approved final plan when they are
shown to be required by changes in conditions that have occurred since the final plan was approved or
by changes in the Development Policy of the City.
A. Minor changes in the location, sitting, and height of buildings and structures may be
authorized by the City Engineer if requested by engineering or other unforeseen
circumstances.
B. All other changes in use, rearrangement of lots, blocks, and open space, must be
authorized by the City Council under procedures outlined for amendment of the
Zoning Ordinance.
Section 175.230: Completion. Completion of the PUD shall be certified by the Planning and Zoning
Commission on the Final Development Plan. Thereafter, the use of land and the construction,
modification, or alteration of any buildings shall be governed by the approved Final Development Plan.
Changes may be authorized only under the procedures provided below:
A. Minor extension, alterations or modifications of existing structures may be
authorized by the Planning and Zoning Commission if they are consistent with the
intent and purpose of the final plan and do not increase the cube of any building or
structure by more than ten (10) percent; and
B. Changes in the use of common open space or the replacement of any building
substantially destroyed which exceeds the intent and purposes of the Final
Development Plan may be authorized only by amendment to the final development.
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Section 175-240: Site Improvements. At any time following the approval of a Development Stage Plan
by the City Council, the applicant may, pursuant to the applicable codes of the City apply for, and the
Zoning Administrator may issue, grading permits for the area within the PUD for which Development
Stage Plan approval has been given.
Section 175.250: Construction. The construction and provisions of all the common open spaces and
public and recreational facilities which are shown on the Final Development Plan must proceed at the
same phase as the construction of dwelling units. At least once every six (6) months following the
approval of the Final Development Plan, the Zoning Administrator shall review all of the Building Permits
issued for the planned development and examine the construction, which has taken place on the site. If
he/she shall find that the rate of construction of dwelling units is greater then the rate at which common
open spaces and public and recreational facilities have been constructed and provided, he shall forward
this information to the City Council, which may revoke the PUD Permit.
Section 175-260: Maintenance of Common Open Space. All land shown on the Final Development
Plan as common open space must be conveyed to homeowners association or similar organization for
the maintenance of the planned development. The common open space must be conveyed to the
homeowners association or similar organization subject to covenants to be approved by the City Council
which restrict the common open space to the uses specified on the final development plan, and which
provide for the maintenance of the common open space in a manner which assures its continuing use for
its intended purpose.
Section 175-270: Homeowners Association. If a homeowners association is created, the applicant
shall submit plans at the time of final plan of development and documents which explain:
A. Ownership and membership requirements; and
B. Articles of incorporation and bylaws; and
C. Time at which the developer turns the association over to the homeowners; and
D. Approximate monthly or yearly association fee for homeowners; and
E. Specific listing of items owned in common including such items as roads, recreation
facilities, parking common open space ground, and utilities.
Division 180: Variances
Standards
The Planning Commission shall recommend a Variance and the Council shall order the issuance of such
Variance only if it conforms to the following standards:
A.
Special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and do not result from the actions of the petitioner; and
B.
Literal interpretation of the provisions of this Ordinance would deprive the petitioner
of rights commonly enjoyed by other properties in the same district under the terms
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of this Ordinance; and
C. Granting the Variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, structures, or buildings in
the same district; and
D. The proposed Variance will not impair an adequate supply of light and air to
adjacent property, or unreasonably diminish or impair established property values
within the surrounding area, or in any other respect impair the public health, safety,
or welfare of the residents of the city; and
E. Any person filing a petition requesting a variance or an amendment of the Zoning
Ordinance rezoning property or changing regulations within any use district shall pay
a fee according to the Schedule established by resolution of the City Council. The
fee is payable at the time of filing a Petition and is not refundable.
Section 180-010: Board of Appeals and Adjustments. The Planning and Zoning Commission shall
act as the Board of Appeals and Adjustments and shall have the powerto hear and recommend requests
for the following:
A. Interpretation: Hearing appeals where it is alleged that there is an error in a
decision or judgment made by an Administrative Officer in the interpretation or
enforcement of this Ordinance or in the interpretation of Zoning District boundaries;
and
B. Variances: Recommend variances from literal ordinance requirements in instances
where strict enforcement would cause undue hardship because of circumstances
unique to the individual property under construction.
Section 180-020: Variance Procedures
A. Applications provided by the City must be completed in writing prior to any
consideration of Variance Petitions. Fees for Variances are established by
resolution of the City Council.
B. The Board of Appeals and Adjustments may require the applicant to provide copies
of plans, maps, surveys, etc., as deemed necessary, to ensure proper review and
consideration of variance petitions.
C. After filing an application, the City Clerk shall set a date fora public hearing. Notice
of the hearing shall be posted and published at least ten (10) days prior to the date
of the hearing, and notice shall be mailed to each property owner within three
hundred fifty (350) feet of the property to which the Variance relates. Defects in the
notice or failure to notify individual property owners shall not validate the
proceedings, provided a good faith effort was made to comply with these provisions.
D. Upon the hearing request, the Board of Appeals and Adjustments shall either
recommend approval or denial for the Variance and shall state the reasons for said
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action. Conditions for approval may be attached to any Variance granted.
E. Upon receipt of the recommendations of the Commission, the Council shall hold
whatever hearings it deems advisable and shall make its decision upon the request
to grant the variance. In granting the Variance the Council may impose conditions
which it considers necessary to meet the standards of this ordinance and to protect
the best interests of the surrounding area and the city as a whole. Violation of any
such condition is a violation of this Ordinance. The Board of Appeals and City
Council must find true the following, in the granting of a Variance from this
Ordinance:
1. Granting a Variance will not adversely affect the public health,
welfare and safety and will not be detrimental or
injurious to property or improvements in the neighborhood; and
2. Strict interpretation or enforcement would result in a practical
difficulty or unnecessary hardship that is not self created, that
is inconsistent with the intent of this Ordinance and the
Comprehensive Plan; and
3. There are exceptional or extraordinary circumstances or
conditions applicable to the property, use or facilities that do
not apply generally to other properties in the same district; and
4. There are exceptional or extraordinary circumstances or
conditions applicable to the property, use or facilities that do
not apply generally to other properties in the same district; and
5. Strict or literal interpretation would deprive the applicant ofthe
use and enjoyment of his property in a manner similar to
others in the same district; and
6. Granting of the variance will not allow a use which is otherwise
not a permitted use in the Zoning District in question.
F. A Variance granted but not used shall become void one (1) year after its effective
date.
G. No application for the same or essentially the same Variance shall be made within
six (6) months of the date of denial.
Section 180-030: Variance Appeal Procedures.
A. Within thirty (30) days of the action of the Board of Appeals and Adjustments, the
applicant or an affected property owner may file an appeal to the City Council to the
decision of the Board of Appeals and Adjustments. The City Council shall set a
date for a public hearing, within forty-five (45) days of receipt of the appeal, to
consider granting or denying the variance request.
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B. The City Council shall have the power and duty of hearing and deciding appeals
where it is alleged that there is an error in any order, requirement, decision or
determination made by the administrative officer, enforcement officer, or by the
Planning and Zoning Commission in the administration or enforcement of this
Ordinance.
C. Procedure. An appeal for Administrative Review may be taken to the Council by
any person, firm or corporation or any city officer, department, or agency affected by
an adverse decision in the administration or enforcement of this Ordinance. Such
an appeal shall be taken by filing a Notice of Appeal specifying the grounds thereof
with the Zoning Administrator, and the Council within thirty (30) days after the
decision. If the Appeal is not taken by the owner of the property, which is the
subject matter of the decision appealed from, the Notice shall not be so filed until
after it has been served upon such owner either in person or by mail. The Zoning
Administrator shall forthwith transmit to the Council all papers constituting the record
upon which the action appealed from was taken. An Appeal for an Administrative
Review or a Variance stays all proceedings, including criminal proceedings in
furtherance of the action appealed from unless the Zoning Administrator certifies to
the Council that by reason of facts stated in the certificate a stay would, in his
opinion, cause imminent peril to life or property. In that case the proceedings shall
not be stayed otherwise than by a restraining order granted by a court of competent
jurisdiction. The Council shall at its next regular meeting after the filing of an Appeal
to it from a decision of the board set a date for hearing thereon, which shall be not
late than sixty (60) days after the meeting. After hearing the oral or written views of
all interested persons, the Council shall make its decision at the same meeting or at
a specified future meeting thereof. The decision of the Council may be appealed to
the County District Court.
Division 185: Interim Uses
Section 185-010: Purpose. In addition to the purposes stated in Section 2 of this Ordinance, it is
intended that the Interim Use Permit procedures allow flexibility in the use of land or structures in the
City, when such uses are not permanent and when such uses meet appropriate conditions and
performance standards that protect the public health, safety and welfare.
Section 185-020: Application, Public Hearing, and Procedure. The application, public hearing,
notice and procedure requirements for Interim Use Permits shall be the same as those for Amendments,
as provided in Division #190 of this Ordinance. If a proposed interim use is not listed as a permitted
interim use in this Ordinance, a text amendment to this Ordinance will be required before an Interim Use
Permit may be considered.
Section 185-030: Termination. All Interim Use Permits shall terminate on the happening of any of the
'ollowing events, whichever first occurs:
A. The date stated on the permit.
B. Upon violation of the condition under which the permit was issued.
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City of Centerville Ord. #4
C. Upon change in the City's zoning regulations that renders the use non-
conforming.
Section 185-040: Standards. The Interim Use must be allowed in the Zoning District where the
property is located. The Interim Use must meet or exceed the performance standards set forth in this
Ordinance and other applicable City Ordinances. The interim use must comply with the specific
standards for the use identified in this Ordinance, and must comply with all conditions of approval, which
shall be included in an interim use permit agreement.
Section 185-050: Conditions. The City may attach conditions to approval of a permit to mitigate
anticipated adverse impacts associated with the use, to ensure compliance with the standards of
approval, to protect the value of other property, and to achieve the goals and objectives of the
Comprehensive Plan.
Division 190: Amendments
A. Amendments to this ordinance may be initiated by the Planning and Zoning
Commission, City Council or by a petition of a landowner. or other interested party.
B. Applications provided by the City must be completed, in writing, prior to any
consideration for an Amendment. Fees for zoning Amendments are established by
resolution of the City Council.
C. The City may require the applicant to provide plans, maps, surveys, etc., to ensure
proper review and consideration of any proposed Amendment to the written
provisions of this ordinance or Zoning District Boundaries.
D. After the filing of an application, or initiation by the City Council, the City Clerk shall
set a date for a public hearing. Notice of the hearing shall be posted and published
at least ten (10) days prior to the date of the hearing, and notice shall be mailed to
each property owner within three hundred fifty (350) feet of the proposed Zoning
District Boundary amendments.
E. Upon hearing the request, the Planning and Zoning Commission shall recommend
either approval or denial the proposed amendment and shall state the reasons of
said action.
F. Within thirty (30) days of the recommendation of the Planning and Zoning
Commission, the City Council shall consider the recommendation of the Planning
and Zoning Commission and shall approve, deny or modify the request to amend
this Ordinance.
Division 195: Special Use Permits
Section 195-010: 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
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City of Centervi1Ie Ord. #4
Commission and accompanied by such other information as required by rules of the Commission. The
Planning Commission may hold such hearings on the proposal to issue a special use permit as it
considers necessary and it shall thereafter make such recommendations on the proposal to the Council
as it deems advisable. Upon receipt of such recommendations, the Council shall hold whatever hearings
it deems advisable and shall make its decision upon the proposal to grant a special use permit.
Section 195-020: Standards. The Planning Commission shall recommend a Special Use Permit and
the Council shall order the issuance of such permit only if it finds that such use at the proposed location
will be consistent with the general and applicable specific objectives of the comprehensive plan and this
Ordinance, will be harmonious and appropriate in the area, will not be hazardous or disturbing to
neighboring uses, will not result in traffic congestion, and will not create excessive additional public
expense.
Section 195-030: Denial for Non-Compliance. If the Planning and Zoning Commission recommends
denial of a Special Use Permit or the Council orders such denial, it shall include in its recommendations
or determination findings as to the ways in which the proposed use does not comply with the standards
required by this Ordinance.
Section 195-040: Conditions. In recommending or approving any Special Use Permit, the Planning
and Zoning Commission and the Council may impose conditions which it considers necessary to meet
.~e standards of this Ordinance and to protect the best interests of the surrounding area orthe city as a
lo)e. Violation of any such condition is a violation of this Ordinance.
Section 195-050: Expiration. If substantial construction has not taken place within twelve (12) months
after the date of a Special Use Permit, the permit is void except that on application, the Council, after
receiving the recommendation of the Planning and Zoning Commission, may extend the permit for an
additional period not to exceed six (6) months. A Special 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 195.060: Fees. Any person requesting a Special Use Permit shall pay a fee according to the
Schedule established by resolution of the City Council. The fee is payable at the time of filing the
application and is not refundable.
Division 200: Enforcement and Violations
The Zoning Administrator is directed by the City Council to enforce the provisions of this Ordinance and
maintain all necessary records pertaining to this Ordinance including but not limited to Amendments,
Variances, Complaints and Violations. Any person who violates or fails to comply with the provisions of
this Ordinance shall be guilty of a misdemeanor and upon conviction may be punished to the maximum
extent allowed by law. Each day a violation exists constitutes a separate offense.
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City of Centerville Ord. #4
Division 205: Fees and Licensina
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 of proposed actions prior
to taking final action.
Division 210: Effective Date
The effective date of this Ordinance shall be after its passage and publication according to law.
Adopted by the Centerville City Council this 23rd, day of August, 2000.
(Siqnature on File)
Mayor Tom Wilharber
(Siqnature 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
3 Amended: August 22, 2001
Published in the Quad Community Press on September 4, 2001
4 Amended: November 14, 2001
Published in the Quad Community Press on February 19, 2002
5 Amended: August 14, 2002
Published in the Quad Community Press on August 27,2002
Page 59 of 59
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TO: Planning and Zoning Commission
FROM: Teresa Bender
SUBJECT: Previous Request for Ordinances
DATE: August 30, 2002
Staff has been working hard to compile the ordinances that you requested at your last
meeting; however, we need additional time to copy same.
Please find Ordinance #13 (Liquor) which has been adopted by Council on August 28,
2002 but has not been published.
Also, please find a clean copy of the Ordinancftr recently adopted by Council,
published and in effect.
.
,
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #13
AN ORDINANCE REGULATING THE POSSESSION, SALE, AND CONSUMPTION OF
INTOXICATING LIQUOR, WINE, AND 3.2 PERCENT MALT LIQUOR WITHIN THE
CITY OF CENTERVILLE, MINNESOTA
THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA DOES HEREBY
REPEAL ORDINANCE #'S 11, 12 & 21 AND AMENDS ORDINANCE #13:
Section 1. Adoption of State Law by Reference.
The provisions of M.S. Chapter 340A, as they may be amended from time to time, with
reference to the definitions, terms, conditions of operation, restrictions on consumption,
provisions relating to sales, hours of sale, and all other matters pertaining to the retail
sale, distribution, and consumption of intoxicating liquor and 3.2 percent malt liquor are
hereby adopted by reference and are made a part of this ordinance as if set out in full.
It is the intention of the City Council that all future amendments to M.S. Chapter 340A
are hereby adopted by reference or referenced as if they had been in existence at the
time this ordinance is adopted.
Section 2. City may be more Restrictive than State Law.
The Council is authorized by the provisions of M.S. 340A.509, as it may be amended
from time to time, to impose, and has imposed in this ordinance, additional restrictions
on the sale and possession of alcoholic beverages within its limits beyond those
contained in M.S. Chapter 340A, as it may be amended from time to time.
Section 3. Definitions.
In addition to the definitions contained in Minnesota Statutes, Chapter 340A.1 01, as it
may be amended from time to time, the following terms are defined for purposes of this
ordinance:
Display - The term "Display" means the keeping, storing, or permitting to be kept or
stored of an alcoholic beverage which has been poured, dispensed or has had its
package seal broken on, in, or at any table, booth, bar or other area of a licensed
premises accessible to the general public, except when the alcoholic beverage is stored
in a normal storage area during non-sale hours.
Interest - The term "Interest" as used in this ordinance includes any pecuniary interest
in the ownership, operation, management or profits of a liquor establishment, but does
not include: bona fide loans; bona fide fixed sum rental agreements; bona fide open
accounts or other obligations held with or without security arising out of the ordinary and
"
City of Centerville
Ordinance #13 (Liquor)
08/28/02
regular course of business or selling or leasing merchandise, fixtures or supplies to
such establishment; or any interest of 5 percent or less in any corporation holding a City
liquor license. A person who receives monies, from time to time, directly or indirectly
from a licensee in the absence of a bona fide consideration therefor and excluding bona
fide gifts or donations, shall be deemed to have a pecuniary interest in such retail
license. In determining "bona fide," the reasonable value of the goods or things received
as consideration for the payment of the licensee and all other facts reasonably tending
to prove or disprove the existence of any purposeful scheme or arrangement to evade
any prohibitions under this ordinance shall be considered.
Licensed Premises - The term "Licensed Premises" is the premises described in the
approved license application. In the case of a restaurant, club, or exclusive liquor store
licensed for on-sales of alcoholic beverages and located on a golf course, "licensed
premises" means the entire golf course except for areas where motor vehicles are
regularly parked or operated.
Operating Manager - The term "Operating Manager" as used in this ordinance means
a person designated by the license holder who works at the licensed premises and is in
charge of day-to-day liquor sales.
Properly Designated Officer - The term "Properly Designated Officer" means and
includes (i) the City Fire Inspector or Fire Chief; (ii) the City Building Official, Building
Inspector, or Administrator; and (iii) the Health Inspectors employed by Anoka County or
the State of Minnesota acting in the course of the scope of their employment.
Underage Person - The term "Underage Person" means a person who is under the
legal drinking age as provided by Minnesota Statutes Chapter 340A.
Liquor - As used in this ordinance, without modification by the words "intoxicating" or
3.2 percent malt" includes both intoxicating liquor and 3.2 percent malt liquor.
Restaurant - Restaurant means an eating facility, other than a hotel, under the control
of a single proprietor or manager, where meals are regularly prepared on the premises,
where full waitress/waiter table service is provided, where a customer orders food from
printed menus and where the main food course is served and consumed while seated at
a single location. An establishment which serves prepackaged food that receives heat
treatment and is served in the package or frozen pizza that is heated and served, shall
be considered to be a restaurant for the purposes of this chapter as long as it is
currently licensed as such by Anoka County.
Section 4. Nuditv on the Premises of Licensed Establishments is Prohibited.
A. The City Council finds that it is in the best interests of both public
health, safety and general welfare of the people of the city that
nudity is prohibited as provided in this section on the premises of
any establishment licensed under this ordinance. This is to protect
and assist the owner, operators, and employees of the
establishment, as well as patrons and the public in general, from
harm stemming from the physical immediacy and combination of
Page 2 of 17
City of Centerville
Ordinance #13 (Liquor)
08/28/02
alcohol, nudity, and sex. The Council especially intends to prevent
any subliminal endorsement of sexual harassment or activities
likely to lead to the possibility of various criminal conduct, including
prostitution, sexual assault, and disorderly conduct. The Council
also finds that the prohibition of nudity on the premises of any
establishment licensed under this ordinance, as set forth in this
section, reflects the prevailing community standards of the city.
B. It is unlawful for any licensee to permit or allow any person or
persons on the licensed premises when the person does not have
their buttocks, anus, genitals and female breasts covered with a
non-transparent material. It is unlawful for any person to be on the
licensed premises when the person does not have their buttocks,
anus, genitals and female breasts covered with a non-transparent
material. This paragraph shall also apply to non-alcohol under age
events on the licensed premises.
C. It is unlawful for any licensee to permit or allow any male and/or
female swim suit competition on the licensed premises during any
non alcohol under age event.
D. A violation of this section is a misdemeanor punishable as provided
by law, and is justification for revocation or suspension of any
liquor, wine, or 3.2 percent malt liquor license or the imposition of a
civil penalty under the provisions of this ordinance.
Section 5. Consumption in Public Places.
Except as otherwise provided for herein, no person shall consume intoxicating liquor or
3.2 percent malt liquor in a public park, on any public street, sidewalk, trail, parking lot
or alley, or in any public place other than on the premises of an establishment licensed
under this ordinance, in a municipal liquor dispensary if one exists in the city, or where
the consumption and display of liquor is lawfully permitted.
Section 6.
This Section has been left blank for future use.
Section 7. Term and Expiration of Licenses.
No person, except as otherwise provided in Minnesota Statutes Chapter 340A shall
directly or indirectly deal in, sell, keep for sale or deliver any intoxicating liquor, 3.2
percent malt liquor, or wine as part of a commercial transaction without first having
received a license to do so as provided in this ordinance; nor shall any private club or
public place, directly or indirectly, or upon any pretense or by any device, allow the
consumption or display of intoxicating liquor or serve any liquid for the purpose of
mixing with intoxicating liquor without first obtaining a license from the City as provided.
in this ordinance.
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City of Centerville
Ordinance #13 (Liquor)
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Each license shall be issued for a maximum period of one year. All licenses except
temporary licenses, shall expire on December 31 of each year unless another date is
provided by ordinance. All licenses shall expire on the same date. Temporary licenses
expire according to their terms.
Section 8. Kinds of liquor License.
The following types of licenses may be issued up to the number specified in this
ordinance:
A. On-Sale 3.2 Percent Malt Liquor License
On-sale 3.2 percent malt liquor licenses which may be issued only
to restaurants, hotels, clubs, bowling centers and establishments
used exclusively for the sale of 3.2 percent malt liquor with the
incidental sale of tobacco and soft drinks.
B. Off-Sale 3.2 Percent Malt Liquor License
C. Temporary 3.2 Percent Malt Liquor License
Temporary 3.2 percent malt liquor licenses which may be issued
only to a club, charitable, religious, or nonprofit organization.
D. Off-Sale Intoxicating Liquor License
Off-sale intoxicating liquor licenses, which may be issued only to
exclusive liquor stores or drug stores that have an off-sale license
which was first issued on or before May 1, 1994. The fee for an off-
sale intoxicating liquor license established by the Council under
Section 9 shall be set by annual Fee Schedule adopted by Council
which may be permitted by M.S. 340A.408, subd. 3, as it may be
amended from time to time.
E. On-Sale Intoxicating Liquor License
On-sale intoxicating liquor licenses, which may be issued to the
following establishments as defined in M.S. 340A.1 01, as it may be
amended from time to time, and this ordinance: hotels, restaurants,
bowling centers, clubs, or congressionally chartered veterans
organizations and exclusive liquor stores. Club licenses may be
issued only with the approval of the Commissioner of Public Safety.
The fee for club licenses established by the Council under Section
9 of this ordinance, shall not exceed the amounts provided for in
M.S. 340A.408, subd. 2(b), as it may be amended from time to
time.
The Council may in its sound discretion authorize a retail on-sale
licensee to dispense intoxicating liquor off the licensed premises at
Page 4 of 17
City of Centerville
Ordinance #13 (Liquor)
08128/02
a community festival held within the city under the provisions of
M.S.340.404, subd. 4b, as it may be amended from time to time.
The Council may in its sound discretion authorize a retail on-sale
licensee to dispense intoxicating liquor off the licensed premises at
any convention, banquet, conference, meeting, or social affair
conducted on the premises of a sports, convention or cultural
facility owned by the city, under the provisions of M.S.340.404,
subd. 4a, as it may be amended from time to time.
F. On-Sale Sunday Liquor License
On-sale Sunday liquor licenses which may be issued only after
authorization to do so by voter approval at a general or special
election as provided by M.S. 340A.504, subd. 3, as it may be
amended from time to time. Sale of alcoholic beverages in
conjunction with the sale of food on Sunday begins at 10:00 a.m. if
the applicant is in conformance with the Minnesota Clean Air Act.
G. Combination On-Sale { Off-Sale Intoxicating Liquor License
This license may be issued if the City has a population less than
10,000.
H. On-Sale Temporary Intoxicating Liquor License
Temporary on-sale intoxicating liquor licenses, with the approval of
the City Council, which may be issued only in connection with a
social event sponsored by a club, charitable, religious, or other
nonprofit corporation that has existed for at least three years. No
license shall be for longer than four consecutive days, and the City
shall issue no more than 24 days worth of temporary licenses to
anyone organization in one calendar year.
I. On-Sale Wine License
On-sale wine licenses which may be issued with the approval of the
Commissioner of Public Safety to: restaurants having facilities for
seating at least 25 people at one time and meet the criteria of M.S.
340A.404, subd. 5, as it may be amended from time to time, and
which meet the definition of a restaurant in Section 3 of this
ordinance; and to licensed bed and breakfast facilities which meet
the criteria in M.S.340AA01, subd. 1 as it may be amended from
time to time. The fee for an on-sale wine license established by the
Council under the provisions of Section 9 of this ordinance shall not
exceed one-half of the license fee charged for an on-sale
intoxicating liquor license. The holder of an on-sale wine license
who also holds an on-sale 3.2 percent malt liquor license is
Page 5 of 17
City of Centerville
Ordinance #13 (Liquor)
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authorized to sell malt liquor with a content over 3.2 percent (strong
beer) without an additional license.
Section 9. License Fees; Pro Rata; Payment; Refunds Retail License Fees.
Annual Fees. The annual fees for all licenses and temporary licenses are set forth by
Council Resolution.
A. No license or other fee established by the city shall exceed any limit
established by M.S.340A, as it may be amended from time to time,
for a liquor license.
B. The Council may establish from time to time by ordinance or
resolution the fee for any of the liquor licenses it is authorized to
issue. The license fee may not exceed the cost of issuing the
license and other costs directly related to the enforcement of the
liquor laws and this ordinance. No liquor license fee shall be
increased without providing mailed notice of a hearing on the
proposed increase to all affected licensees at least 30 days before
the hearing.
C. Prorated Fees. The fee for all licenses, except temporary licenses,
granted after the commencement of the license year shall be
prorated on a quarterly basis.
D. Payment. All license fees shall be paid in full at the time the
application is filed with the city. If the application is denied, the
license fee shall be returned to the applicant except for any costs
incurred by the City for investigation of the application/applicant.
E. Refunds. License fees shall be refunded if an application for a
license is denied by the City Council, except where rejection is for a
willful misstatement in the license application. No part of the fee
paid for any issued license shall be refunded except as authorized
under Minnesota Statutes Section 340AA08, subd. 5, upon
application to the City Clerk within 20 days of the happening of any
event provided under Minnesota Statutes Section 340A.408,
subdivision 5, and except as provided in Section 9 D.
Section 10. Council Discretion to Grant or Denv a License.
The Council in its sound discretion may either grant or deny the application for any
license or for the transfer or renewal of any license. No applicant has a right to a
license under this ordinance.
Section 11. Application for License.
A. Form. Every application for a license issued under this ordinance
shall be on a form provided by the city. Every application shall
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City of Centerville
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state the name of the applicant, the applicant's age, with references
as the Council may require, the type of license applied for, the
business in connection with which the proposed license will operate
and its location, a description of the premises, whether the
applicant is owner and operator of the business, how long the
applicant has been in that business at that place, and other
information as the Council may require from time to time. An
application for an on-sale intoxicating liquor license shall be in the
form prescribed by the Commissioner of Public Safety and shall
also contain the information required in this section. The form shall
be verified and filed with the city. No person shall make a false
statement in an application.
B. Financial Responsibility. Prior to the issuance of any license
under this ordinance, the applicant shall demonstrate proof of
financial responsibility as defined in M.S.340A.409, as it may be
amended from time to time, with regard to liability under
M.S.340A.801, as it may be amended from time to time. This proof
will be filed with the City and Commissioner of Public Safety. Any
liability insurance policy filed as proof of financial responsibility
under this section shall conform to M.S. 340A.409, as it may be
amended from time to time. Operation of a business which is
required to be licensed by this ordinance without having on file with
the city at all times proof of financial responsibility to include liquor
liability/dram shop, general liability, and workers compensation
insurance coverage is a cause for revocation of the license.
1. liquor liability/Dramshop. Proof of financial responsibility
shall be given by filing one of the following:
a. A certificate that there is in effect an annual
aggregate insurance policy for dram shop
insurance of not less than statutory
requirements per policy year to cover each
person, each occurrence, property damage
each occurrence, loss of means of support per
person, loss of means of support each
occurrence, and policy aggregate; or
2. A certificate of the State Treasurer that the licensee has
deposited with him $100,000 in cash or securities which may
legally be purchased by savings banks or trust funds having
a market value of $100,000.
C.
General Liability. Proof of financial responsibility shall be given by
filing a certificate that there is in effect for the license period an
insurance policy or pool providing at least $50,000 of coverage
because of bodily injury to anyone person in anyone occurrence,
$100,000 because of bodily injury to two or more persons in any
I _
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City of Centerviile
Ordinance #13 (Liquor)
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one occurrence, $10,000 because of injury to or destruction of
property of others in anyone occurrence, $50,000 for loss of
means of support of anyone person in anyone occurrence, and
$100,000 for loss of means of support of two or more persons in
anyone occurrence.
D. Workers' Compensation Insurance. The policy limits for workers'
compensation insurance shall be as provided for by state law.
E. Additional Requirements. The liability insurance required by this
section must provide that it may not be canceled for any cause by
either the insured or the insurer unless the canceling party has first
given ten days' notice in writing to the City of intent to cancel the
policy.
All corporations, partnerships, and associations must designate an Operating Manager.
The Operating Manager must be a person designated by the licensed premises who is
in charge of day-to-day liquor sales.
Execution of Application
If the application is by an individual, it shall be signed and sworn to by such person; if by
a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an
incorporated association, by the operating officer or managing officer thereof. If the
applicant is a partnership, the application, license, and insurance policy shall be made
and issued in the name of all partners. It shall be unlawful to make any false statement
in an application. Falsification is a cause for revocation or denial of the license.
Section 12. Description of Premises.
The application shall specifically describe the compact and contiguous premises within
which liquor may be dispensed and consumed. Except as for otherwise provided for
herein.
Section 13. Applications For Renewal.
At least 90 days before a license issued under this ordinance is to be renewed, an
application for renewal shall be filed with the city. The decision whether or not to renew
a license rests with the sound discretion of the Council. No licensee has a right to have
the license renewed.
The general procedure for renewal is as follows:
A. The city will mail all application forms by September 30 with a letter
stating the timeframes and requirements for completion of the
application process. The form used will be the Minnesota
Department of Public Safety Renewal of Liquor, Wine of Club
License (form PS9093-98 or the most current form used by Alcohol
and Gambling Enforcement).
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City of Centerville
Ordinance #13 (Liquor)
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B. Licensees will return the required forms to the city by October 30.
C. Applicants are responsible to verify information on citations and
violations with the Chief of Police prior to October 30 and
submission to the city.
D. The Council shall place on the agenda each year at the first
scheduled Council meeting in November to review and hear
testimony by any interested individual or party concerning the
renewal of liquor licenses. This process allows for appeal of a
denied license and the required approval from the state prior to the
December 31 license expiration date.
E. Approvals are contingent upon licensee proof of required payment
of insurances, property taxes, and city utility bills.
F. The application shall specifically describe the compact and
contiguous premises within which liquor may be dispensed and
consumed. Except as for otherwise provided for herein.
G. The Chief of Police is requested to provide Council by October 15
each year, a summary of officer calls and the nature of those calls
to licensed establishments. The Chief of Police is also requested to
report a graphical depiction of alcohol related issues such as
citations and arrests for driving under the influence or alcohol
related infractions for the previous 3 year period.
H. The City Administrator shall verify all information prior to issuing a
license.
Section 14. Transfer of License.
No license issued under this ordinance may be transferred without the approval of the
Council. Any transfer of stock of a corporate licensee is deemed to be a transfer of the
license, and a transfer of stock without prior Council approval is a ground for revocation
of the license. An application to transfer a license shall be treated the same as an
application for a new license, and all of the provisions of this ordinance applying to
applications for a license shall apply.
Death of Licensee
In the event of the death of a person holding a license, the personal representative of
that person shall be allowed to continue to operate the business within the terms of the
license for a period not to exceed 180 days after the death of the licensee.
Section 15. InvestiQation.
A.
Preliminary background investigation. On an initial application for a
license, on an application for transfer of a license and, in the sound
L
Page 9 of 17
City of Centerville
Ordinance #13 (Liquor)
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discretion of the Council that it is in the public interest to do so, on
an application for renewal of a license, the city shall conduct a
preliminary background investigation of the applicant or it may
contract with the Commissioner of Public Safety for the
investigation. The applicant shall pay with the application an
investigation fee of $500 which shall be in addition to any license
fee. If the cost of the preliminary investigation is less than $500,
the unused balance shall be returned to the applicant. The results
of the preliminary investigation shall be sent to the Commissioner of
Public Safety if the application is for an on-sale intoxicating liquor
license or an on-sale wine license.
B. Comprehensive background investigation. If the results of the
preliminary investigation warrant, in the sound discretion of Council,
a comprehensive background investigation, the Council may either
conduct the investigation itself or contract with the Commissioner of
Public Safety for the investigation. The investigation fee for this
comprehensive background investigation to be paid by the
applicant shall be $500, less any amount paid for the initial
investigation if the investigation is to be conducted within the state,
and $10,000, less any amount paid for the initial investigation, in
the investigation is required outside the state. The unused balance
of the fee shall be returned to the applicant whether or not the
application is denied. The fee shall be paid in advance of any
investigation and the amount actually expended on the
investigation shall not be refundable in the event the application is
denied. The results of the comprehensive investigation shall be
sent to the Commissioner of Public Safety if the application is for an
on-sale intoxicating liquor license or an on-sale wine license.
Section 16. Hearinq and Issuance.
The Council shall investigate all facts set out in the application and not investigated in
the preliminary or comprehensive background investigations. Opportunity shall be
given to any person to be heard for or against the granting of the license at the first
scheduled Council meeting in November for renewals or at the time of review for a new
application. After the investigation and hearing, the Council in its sound discretion may
grant or deny the application. No license shall become effective until the proof of
financial security has been approved by the Commissioner of Public Safety.
Should the City Council deny the applicant's request for a license due, partially or solely,
to the applicant's prior conviction of a crime, the City Council shall notify the applicant of
the grounds and reasons for the denial; the applicable complaint and grievance
procedure as set forth in Minnesota Statutes, Section 364.06; the earliest date the
applicant may reapply for a license; and that all competent evidence of rehabilitation will
be considered upon reapplication.
Section 17. Restrictions on Issuance.
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City of Centerville
Ordinance #13 (Liquor)
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A. Each license shall be issued only to the applicant for the premises
described in the application.
B. No license shall be granted or renewed for operation on any
premises on which taxes, assessments, utility charges, service
charges or other financial claims of the city are delinquent and
unpaid.
C. No license shall be issued for any place or business ineligible for a
license under state law.
D. No new license shall be granted within 500 feet of any school or
church. The distance is to be measured from the closest side of
the church or school to the closest side of the structure on the
premises within which liquor is to be sold. The provisions of this
paragraph shall not apply to any existing license existing on the
effective date of this ordinance or to the renewal of an existing
license as long as the establishment is in compliance with
applicable zoning regulations.
Section 18. Conditions of License.
Every licensee is responsible for the conduct of the place of business. The act of an
employee on the licensed premises is deemed the act of the licensee as well, and the
licensee shall be liable to all penalties provided by this ordinance equally with the
employee.
The failure of the licensee to meet anyone of the conditions of the license specified
below shall result in suspension of the license until the condition is met.
A. Every licensee shall allow any peace officer or health officer to
conduct compliance checks.
B. No on-sale establishment shall display liquor to the public during
the hours when the sale of liquor is prohibited.
C. Compliance with financial responsibility requirements of state law
and this ordinance is a continuing condition of any license.
Section 19. Hours and Davs of Sale.
A. The hours of operation and days of sale shall be as those set by
M.S. 340A.504, as it may be amended from time to time.
B. No person shall consume nor shall anyon-sale licensee permit any
consumption of intoxicating liquor or 3.2 percent malt liquor in an
on-sale licensed premises. more than 30 minutes after the time
when a sale can legally occur.
Page 11 of 17
City of Centerville
Ordinance #13 (liquor)
08/28/02
C. No on-sale licensee shall permit any glass, bottle, or other
container containing intoxicating liquor or 3.2 percent malt liquor to
remain upon any table, bar, stool or other place where customers
are served, more than 30 minutes after the time when a sale can
legally occur.
D. No person other than the licensee and any employee shall remain
on the on-sale licensed premises more than 30 minutes after the
time when a sale can legally occur.
E. Any violation of any condition of this section may be grounds for
revocation of suspension of the license.
Section 20. Restrictions Involvinq UnderaQe Persons.
A. No licensee, his agent, or employee shall serve or dispense upon
the licensed premises any intoxicating or 3.2 percent malt liquor to
a person under the legal drinking age; nor shall such licensee, or
his agent or employee, permit any such person to be furnished or
allowed to consume any such liquors on the licensed premises; nor
shall such licensee, his agent, or employee, permit any such
person to be delivered any such liquors.
B. No person under the legal drinking age shall enter a licensed
premises for the purpose of purchasing or consuming any alcoholic
beverage:
C. No person under the legal drinking age shall consume or receive
delivery of intoxicating or 3.2 percent malt liquor.
D. No person under the legal drinking age shall possess any
intoxicating or 3.2 percent malt liquor. Possession of an alcoholic
beverage by a person under the legal drinking age at a place other
than the household of the parent or guardian is prima facie
evidence of intent to consume it at a place other than the
household of the person's parent or guardian.
E. Misrepresenting Age. No underage person shall misrepresent the
person's age for the purpose of obtaining intoxicating liquor or 3.2
percent malt liquor, nor shall the person enter any premises
licensed for the retail sale of intoxicating liquor or 3.2 percent malt
liquor for the purposes of purchasing or having served or delivered
any alcoholic beverage. Nor shall any such person purchase,
attempt to purchase, consume, or have another person purchase
for the underage person any intoxicating liquor or 3.2 percent malt
liquor.
F. Identification Requirements
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City of Centerville
Ordinance #13 (Liquor)
08/28/02
1. Identification Required.
Any person shall, upon demand of the licensee, his
employee, or agent, produce and permit to be
examined one of the forms of identification provided
under Minnesota Statutes Section 340A.503, subd. 6.
2. Prima Facie Evidence.
In every prosecution for a violation of the provisions of
this section relating to the sale or furnishing of
intoxicating liquor or 3.2 percent malt liquor
beverages to underage persons and in every
proceeding before the Council with respect thereto,
the fact that the underage person involved has
obtained and presented to the licensee, his employee
or agent, a driver's license, passport or identification
card from which it appears that said person was not
an underage person and was regularly issued such
identification card, shall be prima facie evidence that
the licensee, his agent or employee is not guilty of a
violation of such a provision and shall be conclusive
evidence that a violation, if one has occurred, was not
willful or intentional.
Section 21.
This Section has been left blank for future use.
Section 22. Revocation or Suspension of License.
The Council may suspend or revoke any license for the sale of intoxicating or 3.2
percent malt liquor for any of the following reasons:
A. False or misleading statements made on a license application or
renewal, or failure to abide by the commitments, promises or
representations made to the City Council.
B. Violation of any special conditions under which the license was
granted, including, but not limited to, the timely payment of real
estate taxes, and all other charges.
C. Violation of any Federal, State, or local law regulating the sale of
intoxicating liquor, 3.2 percent malt liquor, or controlled substance.
D. Creation of a nuisance on the premises or in the surrounding area.
E. That the licensee suffered or permitted illegal acts upon the
licensed premises or on property owned or controlled by the
licensee adjacent to the licensed premises, unrelated to the sale of
intoxicating liquor or 3.2 percent malt liquor.
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City of Centerville
Ordinance #13 (Liquor)
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F. Expiration or cancellation of any required insurance, or failure to
notify the City within a reasonable time of changes in the term of
the insurance or the carriers.
Section 23. HearinQ Notice For Revocation or Suspension of License.
Revocation or suspension of a license by the City Council shall be preceded by public
hearing conducted in accordance with Minnesota Statutes Section 14.57 to 14.70. The
City Council may appoint a hearing examiner or may conduct a hearing itself. The
hearing notice shall be given at least 10 days prior to the hearing, include notice of the
time and place of the hearing, and state the nature of the charges against the licensee.
Section 24. Prohibited Conditions.
A. Prostitution. No licensee shall knowingly permit the licensed
premises or any room in those premises or any adjoining building
directly under the licensee's control to be used by prostitutes.
B. Controlled Substances. No licensee shall knowingly permit the
sale, possession or consumption of controlled substances on the
licensed premises in violation of state law.
C. Gambling. Gambling and gambling devices, with the exception of
licensed charitable gambling organizations, are not permitted on
licensed premises. State lottery tickets may be purchased and sold
within licensed premises as authorized by the director of the state
lottery.
Section 25. Inactive License.
The City Council may revoke the intoxicating liquor or 3.2 percent malt liquor license of
any establishment granted a license that is not under construction and exhibiting
satisfactory progress toward completion within 6 months from its issuance, or any
establishment that ceases operation for a period of 6 months. A hearing shall be held to
determine what progress has been made toward opening or reopening the
establishment and, if satisfactory progress is not demonstrated, the Council may revoke
the license.
Section 26. BuildinQ Chanaes.
Proposed enlargement or substantial alteration which changes the character of the
establishment, or extension of premises previously licensed shall be reported to the City
Clerk at or before the time application is made for a building permit for any such
change. The enlargement, substantial alteration or extension shall not be allowed
unless the Council approves an amendment to the license.
Section 27. Public Character of liquor Sales.
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City of Centerville
Ordinance #13 (Liquor)
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No sale of liquor shall be made to or in guest rooms of hotels unless:
A. the rules of such hotel provide for the service of meals in guest
rooms;
B. the sale of such liquor is made in the manner on-sales are required
to be made;
C. such sale accompanies and is incidental to the regular service of
meals to guests therein;
D. the rules of such hotel and the description, location. and number of
such guest rooms are fully set out in the application for the liquor
license.
Section 28. Presumptive Civil Penalties.
A. Purpose. The purpose of this Section is to establish a standard by
which the City Council determines the length of license
suspensions and the propriety of revocations, and shall apply to all
premises licensed under this ordinance. These penalties are
presumed to be appropriate for every case; however, the Council
may deviate in an individual case where the Council finds that there
exist substantial reasons making it more appropriate to deviate,
such as, but not limited to, a licensee's efforts in combination with
the State or City to prevent the sale of alcohol to minors. When
deviating from these standards. the Council will provide written
findings that support the penalty selected.
B. Minimum Penalties for Violations. The minimum penalties for
convictions or violations must be presumed as follows (unless
specified. numbers below indicate consecutive days' suspension):
The following violations require revocation of the license on the first
violation:
· Commission and/or of a felony related to the licensed
activity.
· Sale of alcoholic beverages while license is under
suspension.
· Sale of intoxicating liquor where only license is for 3.2
percent malt liquor.
Any violation not listed in the previous information would be heard
by the Council and they would review all information and
circumstances and determine a penalty with the maximum fine of
$2,000 and/or 50-day suspension or determine the license should
be revoked.
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City of Centerville
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License holders have the right to request a hearing before the City
Council if not in agreement with the presumptive penalty. The City
Administrator also has the right to request a hearing before the
Council if he/she/they believe there exists substantial reason
making it appropriate to deviate from the presumptive penalty. If the
City Administrator and licensee agree on the presumptive penalty,
these will be reported to the City Council in a staff report.
C. Multiple Violations. At a licensee's first appearance before the
Council, the Council must act upon all of the violations that have
been alleged in the notice sent to the licensee. The Council in that
case must consider the presumptive penalty for each violation
under the first appearance column in subsection (8) above. The
occurrence of multiple violations is grounds for deviation from the
presumed penalties in the Council's discretion.
D. Subsequent Violations. Violations occurring after the notice of
hearing has been mailed, but prior to the hearing, must be treated
as a separate violation and dealt with as a second appearance
before the Council, unless the City Administrator and licensee
agree in writing to add the violation to the first appearance. The
same procedure applies to a second, third, or fourth appearance
before the Council.
E. Subsequent Appearances. Upon a second, third, or fourth
appearance before the council by the same licensee, the Council
may impose the presumptive penalty for the violation or violations
giving rise to the subsequent appearance without regard to the
particular violation or violations that were the subject of the first or
prior appearance. However, the Council may consider the amount
of time elapsed between appearances as a basis for deviating from
the presumptive penalty imposed by this Section.
F. Computation of Violations. Multiple violations are computed by
checking the time period of the three years immediately prior to the
date of the most current violation.
G. Other Penalties. Nothing in this Section shall restrict or limit the
authority of the council to suspend up to sixty (60) days, revoke the
license, impose a civil fine not to exceed two thousand dollars
($2,000.00), to impose conditions, or take any other action in
accordance with law; provided, that the license holder has been
afforded an opportunity for a hearing in the manner provided in this
Chapter.
H. Notification. If a licensed establishment is cited for a violation of
this ordinance, the Chief of Police must provide a letter of
notification to the licensee and the City Council through the City
Administrator within 30 days after the violation occurred.
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City of Centerville
Ordinance #13 (Liquor)
08/28/02
Regular Penalty Grid:
Type of First Second Third Fourth
License Violation Violation Violation Violation
On-sale $500 and $1,000 and $2,000 and
Intoxicating 5 Days 10 Days 15 Days Revocation
Liauor Suspension Suspension Suspension
Off-sale $500 and $1,000 and $2,000 and
Intoxicating 3 Days 7 Days 12 Days Revocation
Liquor Suspension Suspension Suspension
On-sale $500 and $1,000 and $2,000 and
Beer and 5 Days 10 Days 15 Days Revocation
Wine Susoension Susoension Susoension
Off-sale $1,000 and $1,500 and $2,000 and
3.2 Malt 10 Days 20 Days 40 Days Revocation
Susoension Susoension Susoension
Section 29. Effective Date.
This ordinance shall be effective immediately upon the date of its publication.
Adopted by the City Council of Centerville this 28th day of August, 2002.
Tim Swedberg
Mayor
Attested:
Teresa Bender
City Clerk
Page 17 of 17
.
(irervUk
'EstnUL<lWt18S? The Best Practices Program
Each licensee's participation can be customized to help fit their business, While
there are mandatory criteria, businesses chose elective criteria as long as they
meet the minimum required points for participation. The agreement is then
signed by the licensee and key managers or operators of the establishment and
the Police Chief, City Administrator, and Mayor. By establishing this program,
the goal of the City of CenterviIJe is: No Alcohol Sales to Minors. The City also
wishes to enter into proactive practices in alignment with the Community Policing
Philosophy to prevent and solve enforcement issues.
There are (4) four required criteria for participation in the Best Practice Program
for establishments:
A. They must first agree to the annual inspection / background
investigation to ensure criteria are being met.
B. They must commit to a minimum of 75% of their employees
trained by the Police Department. The training program
options are covered in a later section. The 75% figure
allows for the issue of employee turnover, but key personnel
must be trained.
C. The establishment must have a program in place for on-
going training of new and current employees.
D. A yearly meeting with managers gives the police department
the opportunity to sit down with the on-site managers to go
over any problems, concerns, or issues on either side for a
better working relationship. If in the opinion of the Chief of
Police or City Administrator a licensee is not acting in good
faith, the licensee will not be allowed to participate in the
Best Practices Program.
There are several elective criteria in the program:
· The establishment has a policy in place reqUiring
identification checks on all customers who do not appear to
be at least 40 years of age on all alcohol purchases.
· The establishment has a reward program in place for
employees who find underage people attempting to
purchase and turn them into the police.
· The establishment has an automated 10 card scanner
system in place.
"
· The establishment has an internal compliance check
program in place which has been approved by the police
department. These programs usually, involve using
individuals who are old enough to purchase but do not
appear so, to see if they are checked for identification,
· Pre-agreement to meet immediately on compliance check
violations. The police department waits for the criminal court
process on the clerks who are charged to be completed
before handling the administrative fine process with the
business. In this option, the licensee agrees to meet on the
administrative process without waiting for the criminal court
process to be completed which speeds up the process as
often the court process can take several months.
. Pre-agreement to work on secondary sales. This is an
enforcement project to work with police on individuals old
enough to purchase themselves who purchase for others
who are underage.
Compliance Checks
The Police Department may conduct two compliance checks each year for the
Best Practices Program participants. A third compliance check is authorized for
any establishment that has failed a compliance check.
The Police Department is authorized to conduct frequent compliance checks at
establishments not participating in the Best Practices Program.
The City will allow any independent apprehension of a minor attempting to
purchase that leads to charges to count as a pass for one of their two compliance
checks for that year.
Recognition and Community Education
Recognition and community education are critical components of this project.
Everyone can take pride in prevention of underage consumption. This ordinance
establishes a recognition program at City expense to include:
· Letters of Recognition to individual employees by officers at
the time of the passed compliance check with a Letter of
Thanks to the licensed establishment.
· Each establishment that passes both compliance checks
within a year will be given a framed certificate recognizing
their achievement.
· Annually, those establishments passing both compliance
checks will be recognized in the Quad Press and Hugonian
with a letter of thanks from the Council for the
,
establishment's excellent prevention efforts focused on
underage alcohol consumption.
. Signage indicating a "Best Practice" license holder provided
by the City for posting, a 5% discount on license renewal
fees, and a separate penalty grid for violations
. Best Practice establishments with a 3-year history of no
compliance check failures, shall be designated "Gold Star
Best Practice" license holders. They will receive signage by
the City and receive a 10% discount on license renewal fees.
If they have a compliance check failure, they follow the Best
Practice penalty grid, and return to "Best Practice"
establishment status.
. Both the Police Department and City Administrator are
encouraged to work with the school district and other
organizations to educate citizens about the program and the
preventive efforts of the Best Practices Program.
. Both the Police Department and City Administrator are
encouraged to work with licensee's for additional
opportunities to recognize prevention results.
Training Program
The Police Department shall designate a Best Practices Program Coordinator.
The Coordinator will focus on liaison with licensed establishments and the City
Administrator.
With this agreement we understand we must agree to several of the following
items, including the first four mandatory items, to a total point value of at least
100 points.
Selected Points
Items
Mandatory 15
Mandatory 15
Mandatory 15
Mandatory 15
10
Item Description
Inspection and investigation to ensure criteria are
being met by Police Department and City
Administrator
Policy requiring identification checks for anyone
a earin to be 40 ears of a e or under
Program in place for on-going training of new and
current em 10 ees
Yearly meeting between designated Operating
Managers, Owners, and Police Department
ersonnel
Employee reward program for rewarding
employees who catch underage persons
altern tin to purchase
10 A roved internal com Iiance check ro ram
25 Preagreement to meet immediately on violations
(meet with the Police Department and/or City
Administrator immediately instead of waiting for
criminal court proceedinqs)
10 Pre-agreement to work with Police Department
on secondary sales
5 25% of employees trained by Accredited Training
Prooram
10 50% of employees trained by Accredited Training
Proqram
20 75% of employees trained by Accredited Training
Program
15 Discretion of the Police Chief/Administrator to
acknowledae positive practices
Establishments entering into an agreement with the Police Department as a Best
Practice Program will use the Best Practices violation grid as described in this
ordinance.
The following violations fall under this violation grid broken down by type of
license.
. Sale of alcoholic beverages to under-age persons.
· Sale of alcoholic beverages to obviously intoxicated person.
· After hours sale/display/consumption of alcoholic beverage.
· Illegal gambling on premises.
· Failure to take reasonable steps to stop person from leaving premises with
alcoholic beverages (on-sale allowing off-sale).
BEST PRACTICES PENAL TV GRID:
Type of First Second Third
License Violation Violation Violation
On-sale $500 $1,000 and Return to regular penalty grid Third Violation on
Intoxicating 5 Days and Off Best Practices for one Penalty Grid (See
Liquor Suspension year Ordinance #13)
Staved
Off-sale $500 $1,000 and Return to regular penalty grid Third Violation on
Intoxicating 3 Days and Off Best Practices for one Penalty Grid (See
Liquor Suspension year Ordinance #13)
Staved
On-sale $500 $1,000 and Return to regular penalty grid Third Violation on
Beer and 10 Days and Off Best Practices for one Penalty Grid (See
Wine Suspension vear Ordinance #13)
Stayed
ff-sale $1,000 $1,500 and Return to regular penalty grid Third Violation on
3.2 Malt 10 Days and Off Best Practices for one Penalty Grid (See
Suspension year Ordinance #13)
Staved
l_ _
ervi{{e
City of Centerville
Best Practices Application
Business Address:
Business Phone:
All owners and operating managers please sign, date, and provide a home
phone or other reliable contact number.
Signature
Date
Phone
Signature
Date
Phone
Signature
Date
Phone
For the City of Centerville
Signature
Chief of Police
Date
Phone
Signature
City Administrator
Date
Phone
Signature
Mayor
Date
Phone
Licensed establishments that choose not to participate in the Best Practices U21
Program or are found in violation for a third time will follow the regular penalty grid.