HomeMy WebLinkAbout2002-06-04 P & Z Agenda
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PLANNING AND ZONING COMMITTEE/COUNCIL
MEETING AGENDA
TUESDAY, JUNE 4, 2002
6:30 p.m.
I. CALL TO ORDER
1. Roll Call
II. PUBLIC HEARING (S)
III. APPEAllANCES
IV. OLD BUSINESS
1. Ordinance #4
2. Tattooing, Body Piercing & Massage Parlors
V. NEW BUSINESS
1. Joint Meeting with Council (NEMO)
VI. DISCUSSION ITEMS
VII. CONSIDERATION OF MINUTES
]. May 7, 2002 Planning and Zoning Meeting Minutes
VIII. ADJOURNMENT
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STAFF REPORT
DATE:
June 4, 2002
TO:
Planning and Zoning Commission
Kim Moore-Sykes, City Administrator ,,~N~0
FROM:
RE:
Information on Tattooing and Body Piercing
I...........................................................................
BACKGROUND
The Planning Commission and City Council are interested in pursuing an ordinance that regulates
body piercing and tattooing. The Staffhas researched this issue by contacting other cities for
copies of their ordinances and regulations for these uses. The City of New Brighton recently
adopted an ordinance that regulates body piercing and tattooing. Some of the language is similar
to what the City of Centerville currently has but New Brighton also has a section on licensing that
outlines the process for applicants.
r also talked with their city public health official and he indicated that most cities he knew of
licensed and regulated this sort of activity through their police departments. He also indicated
that Anoka County also regulated tattooing. In contacting the Environmental Services
Department at Anoka County, I spoke with Dan Disrude, an inspector for the County and he
indicated that the County only requires licenses for tattooing and body art establishments under a
County ordinance adopted in 1979. He reported that obviously, body piercing wasn't a
"mainstream" practice as it is currently so officially, Environmental Services has no authority to
license or inspect establishments that do body piercing and that that responsibility would
probably fall to the City to regulate. But he did say that a Jot of body piercing does occur in
tattooing and body art establishments so they are able to inspect for aseptic procedures and a
clean environment because of the tattooing aspect of the business.
I asked him if he ever came across a situation where body piercing was being done in a salon and
he answered no. When I described a scenario of a hair and beauty salon also doing body piercing
and concluded that because no tattooing was occurring on the premises then the County had no
standing to inspect and require licensing, he agreed.
RECOMMENDATION
Since it appears that if a business comes to Centerville and does not do tattooing but does offer
body piercing, the City would have the responsibility for licensing if they deemed regulation was
important from a public health perspective. Staff recommends that the Planning Commission
recommend to the City Council that an ordinance be adopted that requires licensure of body
piercing similar to the City of New Brighton's ordinance regarding the same.
If
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Article 15. Tattoo, Body Piercing, Permanent Cosmetic Mili Up, Body Branding, and Body
Painting Establishments
Sec. 15-601. Purpose.
The purpose oftbis Article is 1:0 regulate the business of tattooing, permanent cosmetic make up, body
piercing, body branding, or body painting in order to prevent the transmission of disease and protect the
health and welfare of the general public. The City Council finds that the experience of other cities indicates
that there is a connection between body piercing and disease transmission and other health problems. The
City Council finds that stringent regulations governing tattooing can minimize the disease risk and therefore
protect the general health and welfare of the community. (Ord. No. 675, 10-24-00; Code of2001)
Sec. 15-602. Defmitions. The definitions in this Section shall apply when these words and phrases are
used in this Article. (Ord. No. 675, 10-24-00; Code of2001)
(1) Body Piercing. Any method of puncturing the skin of a person by the aid of needles or other
instruments designed or used to puncture the skin for the purpose of inserting jewelry or other objects in or
through the human body.
(2) Body Branding. Impressing or burning a mark or figure on the skin of a person with a hot object or
flame.
(3) Body Painting. Any method of application of coloring agents to create a permanent color to the skiJ:i.
(4) Clean. The absence of dirt, grease, rubbish, garbage odor and other offensive, unsightly, or extraneous
matter.
(5) Good Repair. Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks,
obstructions, and similar defects so as to constitute a good and sound condition.
(6) Enforcement Officer. The City health authority or other designee of the City Manager.
(7) Issuing Authority. The City Council.
(8) Tattooing. The marking of the skin ofa person by insertion of permanent colors by introducing them
through puncture of the skin. (Ord. No. 675, 10-24-00; Code of2001)
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C. Proceed as follows once the requirements of Section 15-525 (2)A through B have been met:
l.Allow the manager, owner, or tenant of the premises ten days from the date of the last
warning to request a hearing before the Public Health Official for the determination
regarding the existence of such hazardous site. If a hearing is not iequested in this time
period, the Public Health Official shall:
a. Cause the premises to be posted with a warning advising the public that the
premises have been declared a hazardous site, and
b. Cause orders to be issued to the manager, owner, or tenant of the hazardous site to
take specified corrective measures to prevent high~risk sexual conduct from taking
place within the premises.
2. If a hearing is requested, it shall be held before the Public Health Official within thirty
days after the request for a hearing is made. After considering all evidence, the Public
Health Official will make a determination as to whether the premises constitute a
hazardous site and issue a decision based upon all the evidence presented. If the Public
Health Official makes a determination that the premises constitnte a hazardous site, the
Public Health Official shall proceed with the steps prescribed in 15-525 (2)C, la and lb.
3. If within thirty days after issuance of the oiders to the manager, owner,or tenant of the
hazardous site, the Public Health Official determines that the corrective measures have not
been undertaken, the Public Health Official may:
a. Order the abatement of the hazardous site as a public nuisance. This action may
be enforced by mandatory or prohibitory injunction in a court of competent
jurisdiction; or
b. Secure a court order for the closure of the premises until the premises, building, or
structure is in compliance with all provisions of this Code. (Ord. No. 622, 7-23-96;
Code of200l)
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Sec. 15-603. License Required.
(I) A license shall be required to operate an establishment where tattooing, permanent cosmetic make up,
body piercing, body branding, or body painting is practiced, or engage in the practice of tattooing, body
piercing, body branding or body painting without a license.
(2) A state licensed physician who engages in the practice of tattooing andlor body piercing shall be exempt
from the license requirement.
(3) Jewelry stores and accessory stores that provide exclusively ear piercing services using piercing guns
also shall be exempt from the license requirement. (Ord. No. 675, 10-24-00; Code of 200 I)
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Sec. 15-604. License Application.
Application for a license shall be made on a form as prescribed by the City and shall include:
(l) If the applicant is a natural person:
A. The name, place and date of birth, street residence address, and phone number of the applicant.
S. Whether the applicant has ever used or has been known by a name other than the applicant's name,
and if so, the name or names used and information concetning dates and places where used.
C. The name of the business ifit is to be conducted under a designation, name, or style other than the
name of the applicant and a certified copy of the certificate as required by Minnesota Statutes,
Section 333.D1.
D. The street addresses at which the applicant has lived during the preceding five years.
E. The type, name and location of every business or occupation in which the applicant has been
engaged during the preceding five years, and the name and address of the applicant's employer and
partner, if any, during the preceding five years.
(2) If the applicant is a partnership:
A The name and addresses of all general and limited partners and all information concerning each
general partner required in Section 15-504 (ll.
B. The name of the managing partner and the interest of each partner in the tattooing establishment
C. A true copy of the partnership agreement must be submitted with the application. If the
partnership is required to file a certificate as to a trade name pursuant to Minnesota Statutes, Section
333.01, a certified copy of such certificate must be attached to the application.
(3) If the applicant is a corporation or other business:
A. The name of the corporation or business formed, and if incorporated, the state of incorporation.
B. A true copy of the certificate of incorporation. Iftbe applicant is a foreign corporation, a
certificate of authority as required by Minnesota Statutes, Section 303.06, must be attached to tbe
application.
C. The name of the manager, proprietor, or other agent in charge of the business and all information
concerning each manager, proprietor, or agent required in Section 15-504 (I).
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(4) In the case of all applicants: ,.
A. Whether the applicant holds a current tattooing, body piercing, body branding or body painting
license from any other governmental unit.
B. Whether the applicant has previously been denied a tattooing, body piercing, body branding or
body painting license from any other governmental unit.
e. The location of the business premises and the legal description thereof.
D. Whether all real estate and personal property ta"es that are due and payable for the premises to be
licensed have been paid, and if not paid, the years and amounts that are unpaid.
E. lfthe application is fur premises either planned or under construction or undergoing substantial
alterations, the application must be accompanied by a set of preliminary plans showing the design of
the proposed premises to be licensed. A copy of the plans must be submitted to the Building, Fire and
Health authorities for approval. If the plans of design are on file with the City, additional plans need
not be submitted.
F. Such other information as the City Manager may require. (Ord. No. 675, 10-24-00; Code of200])
Sec. 15-605. Application Execution.
An application for a license must be signed and sworn to. If the application is that of a natural person, it
must be signed and sworn tc by such person; if that of a corporation, by an officer thereof, if that of a
partnership, by one of the general partners; and if that of an unincorporated association, by the managing
officer. Falsification of information on a license application requires the denial of a license. (Ord. No. 675,
10-24-00; Code of2001)
Sec. 15-606. Application Verification.
The City shall verify and investigate the facts set forth in the application and conduct any necessary
criminal background checks to assure compliance with this Section. (Ord. No. 675, 10-24-00; Code of
2001)
Sec. 15-607. License Period and License Fees.
The term of the license is the calendar year or the remaining portion thereof TIle fee will not be prorated.
The fee for a license is set forth by the City Council. The fee must be submitted at the time the application
is filed. Fees are non-refundable. (Ord. No. 675, 10-24-00; Code of2001)
Sec. 15-608. Persons Ineligible for License.
(1) A license may not be issued to an applicant, or partner or other person in charge of the licenses if the
applicant:
A. Is a minor at the time the application is tiled;
B. Has been convicted of any crime directly related to the occupation licensed as prescribed by
Minnesota Statutes, Section 364.03, Subdivision 2. and has not shown competent evidence of
sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as
prescribed by Minnesota Statutes, Section 364.03, Subdivision 3;
C. Does not have the legal authority to be employed in the United States; or
D Is not of good moral character or repute. (Ord. No. 675, 10-24-00; Code of2001)
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. Sec. 15-609. General License Requirements.
(1) Tattoos on Minors. It is unlawful to tattoo, pierce, brand or paint a person under the age of eigh.teen
except in the presence of, and with the written pennission of, the parent or legal guardian of the minor.
(2) Prohibition on License Transfer. A license is for the person and the premises named on the approved
license application. Transfer of a license is not permitted from place-to-place or from person-to-person
\vitbout first complying with the requirements of an original application, except where an existing
noncorporate licensee is incorporated and incorporation does not affect the ownership, control, and interest
of the existing licensed establishment.
(3) Hours of Operation. A licensed establishment may not be open for business before 7:00 a.m. nor after
11:00p.m.
(4) Licensed Premises. The license is only effective for the compact and contiguous space specified in the
approved license application. lfthe licensed premises is enlarged, altered, or extended, the licensee must
inform the Director of Public Safety.
(5) Effect of License Suspension or Revocation. It is unlawful to solicit business or offer to perform
tattooing, body piercing, body branding or body painting services while under license suspension or
revocation by the City.
(6) Maintenance of Order. The licensee is responsible for the conduct of the business being operated and
must at all times maintain conditions of good order.
(7) Employee Lists. The licensee must provide to the City Manager a list of employees who perform
tattooing, body piercing, body branding or body painting at the licensed establishment and verify that each
employee has received a copy of this Article.
(8) Liability Insurance. Licensees must have at all times a valid certificate of insurance issued by an
insurance company licensed to do business in the State indicating that the licensee is currently covered in
the licensed business by a liability insur'JIlce policy. The insurance must be kept in force during the term of
the license and provide for notification to the City prior to termination or cancellation. A certificate of
insurance must be filed with the City. The minimum limits of coverage for such insurance are:
A Each claim, at least $200,000;
B. Each group of claims, at least $500,000 (Grd. No. 675,10-24-00; Code of2001)
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Sec. 15-610. Health and Sanitation Requirements.
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(I) Unlawful Practice. It shall be unlawful to engage in the practice of tattooing, body piercing, body
branding or body painting at any place in the City without complying with the regulations of tbis Section.
(2) Lavatory Requirement. A place where tattooing, body piercing, body branding or body painting is
practiced must be equipped with an adequate and conveniently located toilet room and hand lavatory for the
accommodation of employees and patrons. The hand lavatory must be equipped with hot and cold running
water under pressure, be maintained in good repair at all times and kept in a clean and sanitary condition.
Toilet fbctures and seats must be of a sanitary open front design and readily cleanable. Easily cleanable,
covered receptacles must be provided for waste materials. A lavatory facility must be provided with an
adequate supply of hand cleansing compound and singe-service sanitary towels or hand-drying devices.
(3) Skin Infection. A person having a skin infection or other disease of the skin may not be tattooed,
painted, or branded.
(4) Sterilization and Disposal of Rio-Hazardous Materials. Needles, razor blades and other equipment
used for pierced, branding or puncturing must be individually pre-packaged, sterilized and disposable, and
this equipment may not be used on more than one customer. BiD-hazardous waste must be disposed of in
accordance with law, and disposal procedures shall be approved by the health authority. Approved
sterilizing solutions and methods may be used for the purpose of sterilizing instruments other than needles
and razor blades when such sterihzing solutions and methods are approved by the Health Authority.
(5) Skin Preparation Procedures. The procedures in tbis Subsection must be used for skin preparation.
A. The operator must wash hands thoroughly with soap and water following the hand washing
procedures as approved by the health authority and then dry them with a clean towel before and after
each tattooing. Operators with skin infections of the hand may not perform any tattooing, body
piecing, body branding or body painting services.
B. If it is necessary to shave the skin, pre-packaged, pre-sterilized, disposable, razor blades shall be
used.
C. The skin area to be tattooed, pierced, branded or painted must be thoroughly cleaned with
germicidal soap, rinsed thoroughly with water, and sterilized with an antiseptic solution approved by
the health authority. Single-service towels and wipes must be used in the skin cleaning process.
D. After tattooing, piercing or branding, a sterile dressing must be applied to the tattooed, pierced or
branded area.
(6) Operating Furniture. Tables, chairs, furniture, or area on which a patron receives a tattoo, body
piercing, body branding or body painting must be impervious to moisture and properly sanitized after each
tattoo, body piercing, body branding or body painting. The surface must be covered by single-service
disposable paper or clean linens.
(7) Towels. An operator must provide single-service towels or wipes for each customer or person and such
towels or wipes must be stored and disposed of in a manner acceptable to the Health Authority.
(8) Garments of Operator. An operator must wear clean, washable garments when engaged in the practice
of tattooing, body piercing, body branding or body painting. If garments are contaminated with blood or
body fluids, the garment must be removed, changed and discarded or sterilized by an approved method.
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(9) Pigments. Pigments used in tattooing must be sterile and free from bacteria and noxious agents and
substances including mercury. The pigments used from stock solutions for each customer must be placed in
a single-service receptacle, and such receptacle and remaining solution must be discarded after use on each
customer in accordance with procedures approved by the Health Authority.
(10) Code Compliance. The facility must meet all relevant building codes and federal law related to
access.
(11) Influence of Alcohol and Drugs. It is unlawful to practice tattooing, body piercing, body branding
or body painting while under the influence of alcoholic beverages or illicit drugs. A customer may not be
tattooed, pierced, branded or painted while under the influence of alcoholic beverages or illicit drugs.
(12) Written Instructions. The operator must provide the person tattooed, pierced or branded with printed
instructions on the approved care of the skin during the healing process.
(13) Living Quarters. A place licensed as a tattoo, body piercing, body branding or body painting
establishment may not be used or occupied as living or sleeping quarters
(14) Hepatitis. A person to be tattooed, branded or pierced must be asked whether the person has had viral
hepatitis in the preceding six months. A person suspected of presently having viral hepatitis or having had
viral hepatitis within the preceding six months may not be tattooed, branded or pierced unless the person
has the written consent of a licensed physician. (Ord. No. 675, 10-24-00; Code of2001)
Sec. 15-611. Sanctions for License Violations.
(1) The City Council may revoke the license or suspend the license for a violation of:
A. A provision of this Article or any other local law governing the same activity during the license
period;
B. Violation of any criminaUaw during the license period which adversely affects the ability of the
licensee to honestly, safety, or lawfully conduct a tattooing, body piercing, body branding or body
painting business;
(2) The City Council may revoke the license or suspend the license if the licensee submitted false
information or omitted material information in the licensing process. (Ord. No. 675, 10-24-00; Code of
2001)
Sec. 15-612. Reserved. (Ord. No. 675, 10-24-00; Code of2001)
15-67
An Ordinance r
the arrangeme
Centerville, Mi
regulations. A
5 Amended:
4Amended: Y19/02
3 Amended: 9/4101
2 Amended: 8nlOl
I Amended: 1/30101
Etrective 9/5/00
City ofCenterville Oni. #4
.
tion, bulk. height, and use of structures and
s, ats, and the density or population in the City of
d i iding for the administration and enforcement of such
tated businesses are re ulated se aratel b Ci Ordinance. 5
The City Council of the City of Centerville ordains a$ fOlloW$:
N1SION 10: General Provisions
ction 010-010: Title. This ordinance shall be known as Ordinance #4, City of Centerville Zoning
rdinance 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 patternlS 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.
tion 010-030: Jurisdiction. The geographic jurisdiction ofthis Ordinance includes the entire area
I/,,,,hin the corporate limits of Centervilfe, 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.
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5 Amended:
4 Amended: 2119102
3 Amende<!: 914/0 1
2 Amended: 817101
1 Amended: 1130101
E1rective 9/5/00
City ofCenterville Oed. #4
.
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 ofthis Ordinance or the application of any provision to
particular circumstances is held invalid, the remainder of the Ordinance or the application of such
provision to other circumstances shall not be affected.
Section 010-060: Repeal. Ordinances, including all prior Zoning Ordinances and Amendments or parts
thereof in force at the time this Ordinance shall take effect and Ordinances inconsistent herewith are
hereby repealed, inclUding Centerville Ordinance #1 O. 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.
P~"",,)C\fT\
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: an/ol
1 Amended: 113010 1
Efrect:ivc 9/5/00
City ofCenterville Ord. #4
Alteration - Any change, addition, or modification, in construction or occupancy of an existing structure.
Alteration, Structural - Any change in the supporting members of a building or structure, such as
bearing walls, columns, beams, or girders; provided, however, the application of any exterior siding to an
existing building for the purpose of beautifying and modernizing shall not be considered a structural
alteration.
Antenna - Any system of wires, poles, rods, reflecting discs, satellite dishes or similar devices used for
the transmission or reception of electromagnetic waves external to or attached to the exterior of any
bUilding.
Apartment - A room or suite of rooms, including bath and kitchen facilities, in a multiple-family building
designed for occupancy by a single family.
Apartment, Accessory - An apartment that is secondary and incidental to a principal use or building.
ea 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.
"Iding Coverage - See Lot Coverage.
BuildiRg Weight ass loIeight5.
p~o", 1 of71
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: snlOl
I Amended: 1/30/01
E_e 9/5/00
City ofCenterville Orc!. #4
BuildinSJ 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 EiwildiAsStructure5.
Business Area - Any business activity, which renders service to other commercial or industrial
enterprises.
Certificate of Occupancy - Issued bv the Buildina Official/Inspector of the City upon satifactorv
final inspection of dwellinaunit(s) or commercial buildino(s). 5
,
City Council or Council - The City Council of the City of Centerville.
Clear Cutting - The indiscriminate removal of trees, shrubs, or undergrowth with the intention of
preparing real property for non-agricultural development purposes. This definition shall not include the
selective removal of non-native tree and shrub species when the soil is left relatively undisturbed, .
removal of dead trees or normal mowing operations.
Clinic - Any establishment where human patients are examined and treated by doctors or dentists but
not hospitalized overnight.
Club - Any establishment operated for social, recreational, or educational purposes but open only to
members and not the general public.
Cluster Housing - The grouping of single-family dwellings within specified areas while maintaining the
same overall allowable density in that same area.
Commercial Use - An occupation, employment, or enterprise that is carried on for profit by the owner,
lessee, or licensee.
Commission - The Planning and Zoning Commission of the City of Centerville.
Commissioner - A member of the Planning and Zoning Commission.
Comprehensive Plan - A compilation of policy statements, goals, standards and maps for guiding the
physical, social and economic development of the City and including a land use plan, a community
facilities plan and a transportation plan which has been prepared and adopted by the City of Centerville.
Conditional Use - A use, which because of special problems of control requires reasonable limitations
peculiar to the use for the protection of the public welfare and the integrity of the Comprehensive Plan.
Conditional Use Permit - A permit, issued by the Council, in accordance with procedures specified in
Po"" 4of7,
5 Amended:
4 Amended; 2/19102
3 Amended; 9/4/01
2 Amended: 8nlOI
I Amended: 1130101
Eflbctive 9/5/00
Ci~ofCenrennTIeOrQ#4
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.
uensity - The number of dwelling units penmitted per net acre of land.
Development - All structures and other modifications of the natural landscape above and below ground
or water, on a particular site.
District - See Zone.
DistFict Z9liing .'\R 3[93 gf laRa fer iJ_41;~n tAsTe 2re llRifeHR r=egbfl3tiel1s seVGmiRS tRs blEe 9f ~wileiABS
:lR9 I3remises.5
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
. 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.
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[-..-
5 Amended:
4 Amended: 2/] 9102
3 Amended: 9/4/01
. 2 Amended: snlOl
] Amended: lI3010]
Efrective 915100
City ofCenterv:ille Ord. #4
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.
Essentiai 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.
Floodway Fringe - All that land in a flood plain not lying within a delineated f1oodway. Land within a
floodway fringe is subject to inundation by relatively low velocity flows and shallow water depths.
Floor Area - The sum of the gross horizontal areas of the several floors of a building or dwelling unit,
measured from the exterior walls or from the centerline of party walls separating buildings, excluding
basements.
Floor Area Ratio - The total floor area on a zoning lot divided by the total site area of the lot or parcel
being developed.
p~"" f, "f7i
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: snlOl
I Amended: l/JOIO]
Effi:ctive 9/5/00
City ofCenteNiDe Otd. #4
Freestanding Sign - Any sign supported by structures or supports that are permanently anchored in the
ground and that are independent from any building or structure.
Frontage - The front or frontage is that side of a lot abutting on a street or way and ordinarily regarded
as the front of the lot, but it shall not be considered as the ordinary sideline of a corner lot.
Garage, Private - Any accessory building or an accessory portion of a principal building designed or
used solely for the storage of motor vehicles, boats and other personal belongings which are owned or
used by the occupants of the building to which it is accessory
Glare - A sensation of brightness within the visual field that causes annoyance, discomfort, or loss in
visual performance and visibility.
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
"uilding, between the building and a line five feet from the building.
Height of Building - The vertical distance from the average elevation of the finished grade at the front of
the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the
mean height between eaves and ridge for gable, hip and gambrel roofs.
Home Occupation - An occupation, profession, activity, or use that is clearly a customary, incidental,
and secondary use of a residential dwelling unit and which does not alter the exterior of the property or
affect the residential character of the neighborhood.
Hotel- A building occupied as more or less temporary abiding place of individuals who are lodged with
or without meals for compensation and in which there are more than ten (10) sleeping rooms usually
occupied singly, and in which no provision is made for cooking in any individual apartment.
Impervious Surface - Any material that substantially reduces or prevents the infiltration of storm water
into previously undeveloped land. Impervious surface shall include graveled driveways and parking
areas.
Industrial Park - A planned, coordinated development of a tract of land with two or more separate
industrial buildings. Such development is planned, designed, constructed, and managed on an
integrated and coordinated basis with special attention given to on-site vehicular circulation, parking,
utility needs, building design and orientation, and open space.
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Junk Yard - Land or structures used for the storage or keeping of junk, including scrap metals, or for the
p~O"" 7 ofTl
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4101
2 Amended: snlOl
I Amended: 1/30/0 I
Effi:ctive 9/5/00
City ofCenterville Ord #4
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, Comer - A lot abutting on and at the intersection of two or more streets.
Lot Coverage - Determined by dividing that area of a lot which is occupied or covered by the total
horizontal projected surface of all buildings, including covered porches and accessory buildings, by the
gross area of that lot.
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
p~o" R nf7i
5 Amended:
4 Amended: 2/19102
3 Amended: 9/4/01
2 Amended: snlOl
1 Amended: 1/30101
Effective 9/5/00
City of Centerville Ord. #4
Surveyor a parcel of land not so platted, which has been approved by the City or meets the following
conditions:
A. Was a separate parcel of record April 1 , 1945 or the date of adoption of subdivision
regulations under Laws 1945, Chapter 287. whichever is later. or of the adoption of
subdivision regulations pursuant to a Home Rule Charter; and
B. Was the subject of a written agreement to convey entered into prior to such a
time; and
C. Was a separate parcel of not less than two and one half (2 Y:i) 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 averaQes distance between side lot lines. measured at the required front
lack 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
p,,,,,, Q "f 7,
manufactured homes or mobile homes.
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4101
2 Amended: smo 1
1 Amended: 113010 1
Effect:i.ve 9/5/00
City ofCem.rville Ord. #4
Mineral Extraction - The extraction of soil, sand, gravel, rock or other such material from the land.
Motor Vehicle - A self-propelled vehicle for personal or business use as defined in Minnesota Statutes
169.01.
Motor Fuel Station - An establishment where gasoline, diesel, kerosene, motor oil and lubricants are
sold or used in servicing motor vehicles and where usual motor vehicle repairs and services are
performed.
Non-Conforming Structure or Use - A structure or use lawfully in existence on the effective date of this
ordinance or any amendment thereto and not conforming to the regulations for the district in which it is
situated.
Nursing Home or Rest Home - A licensed establishment having accommodations for the continuous
care of two or more invalid, infirm, aged convalescent patients or disabled persons that are non-related.
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.
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PRO"" 10 of71
5 Amended:
4 Amended: 2/19/02
3 Amended: 91410 I
2 Amended: SnrOI
I Amended: 113010 I
Effi:ctive 915100
City ofCentervilJe Oni #4
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vJt.:1sels; Si~RS SeA'J9ReQ ts f\ Sf T f.FaFRB€; mORbi aRe SaRB)::is~ Bearel sigRs; blmsrellas l;Ises fur
3svsFtisiRS; aRS SiSRS attasRea ts Sf ~3iRt8~ SA 'JBRiGIG& ~aFkBQ :aRS 'Jisibl9 fFem tl>1e pwblie FiHt.:lt ef',,~y,
blRless (aiel \'8Risle i€ blseG iR tl=lo A9Fmal 8:ay ts say epeF3ti8R& 8ft~8 13b1t:iRe~E5.
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.
~creational Use - Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat
launches ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries,
shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking, bicycling
and horseback riding trails.
Recreational Vehicles - A mobile vehicle, including boats, used for recreational purposes capable of
being towed or being self-propelled.
Residential Facility - A state licensed residential facility, defined by Chapter 462,
Minnesota Statutes, serving six (6) or fewer persons, in a Single-Family Residential District and no more
than sixteen (16) persons in a Multiple-Family Residential District.
Right-of-Way - A street, alley or easement permanently established for the passage of persons and
vehicles, including the traveled surface of lands adjacent that ate 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,
Iiances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point
Itimate disposal.
Shore Impact Zone - Land located between the ordinary high water level of a public water and a line
p""." 1 1 of7,
parallel to it at a set back of fifty percent (50%) of the structure setback.
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 1
2 Amended: SmO!
1 Amended: 1130101
Effective 9/5/00
City ofCenterville Ord. #4
Sign .. ARY R3mG iGtQAttf.isati9A, gi~~lay ith::lttFati9R stn:IGwFg ST de\.ise \&miSR is )3l:iBlisly disfll:ayes :lRQ
'.lJJRiSA i& blse€l te elirest attsRtisA ts a ~Feay€t, J3ers8Af Bl::IsiR9S&, iFlStitHti9f-l er talaGa. 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 underlhe 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 orthe
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 roofthe 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
techniques and farming practices are used in accordance with the provision of this ordinance. Where
specific information is not available, steep slopes are land having average slopes over twelve percent
(12%), as measured over horizontal distances of fifty (50) feet or more.
Street Access - A public thoroughfare, which affords the principal means of abutting land.
Street Line - The legal line of demarcation between a street and abutting land.
Structure - Anything constructed or erected, the use which requires a location on the ground, or
attached to something having a location on the ground, or an attachment to something having a fixed
location on the ground; including, in addition to buildings, billboards, carports, porches, 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.
P~o-... 1? ofT.
5 Amended:
4 Amended: 2119/02
3 Amended: 9/4/0 I
2 Amended: sn/OI
1 Amend<d: 1130101
EJrective 915/00
City ofCenterville Ord #4
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.
upply 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.
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.
,hicle - 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.
P"rr" 1, of7,
5 Amended:
4 Amended: 2119/02
3 Amended: 9/4/01
2 Amended: Sn/Ol
1 Amended: 1/30/0 1
Etrective 9/5/00
City ofCenterville Ord. #4
. 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 ofthis 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.
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frsrR tRe aBytl;iR!l streetrigRt Elf way liRe te a septR reqYiree iR tAe yare regYlatieRs Elftf:le eistriGt iR 'tJf:liG!:l
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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. 1
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
from the front yard to the rear yard.
P""p 14 of?1
5 Amended:
4 Amended: 2/19102
3 Amended: 9/4/fJ 1
2 Amended: Sn/fJ1
1 Amended: 1130m
Effective 9/5/00
City ofCentervilleOrd. #4
Zoning District - An area .or areas far which the regulatians and requirements gaverning use, lot and
bulk of buildings and premises are unifarm.
Section 015-030: General Regulations.
Far clarity and cansistency 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
nated.
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 canstruction .or phrasealagy in the present tense, and similarly, reference.s in the future tense
"""lay include the present.
The word "shall" is used ta mean mandatary, whereas the ward "may" is permissive and daes nat imply
abligatian.
The catch lines .of the sectians .of this Ordinance are intended as mere catchwards to indicate the
content of the section, and shall nat be deemed or taken ta be titles of such sections, nor be deemed to
gavern, limit, madify .or in any manner affect the scope, meaning or intent .of the pravisians .of any
sectians.
Division 20: Scope and Interpretatian
A. Scape
Na structure, .or part, thereaf, shall be erected, canverted, enlarged, recanstructed,
altered or moved withaut a permit approved by the City. Na structure .or land shall
be used far any purpase .or altered in any manner that is nat in canfarmity with the
pravisians .of this Ordinance. Unless .otherwise nated, na structure permitted under
this Ordinance may be inhabited .or .occupied withaut a Certificate of Occupancy
issued by the City.
B. Relationship ta Camprehensive Plan
Interpretation and enfarcement .of the provisions of this Ordinance are intended ta
be consistent with the implementation .of gaals, palicies and land use elements .of
the Centerville Comprehensive Plan ta the extent practical .or required by law. The
p""" 1 " of 7"~
5 Amended:
4 Amended: 2/19102
3_<1:914101
2 Amended: SnlOl
I Amended: 1130/01
Effuctive 915100
City ofCenterville Ord. #4
application of or amendments to this Ordinance, which are determined to be
inconsistent with the Comprehensive Plan, shall require amendments to the
Comprehensive Plan, this Ordinance or both.
C. Minimum Requirements
In their interpretation and application, the provisions of this Ordinance shall be held
to be the minimum requirements for the promotion of the public health, safety and
general welfare.
D. Use Not Identified
Uses not specifically identified in this Ordinance as permitted shall be prohibited.
Amendments to this Ordinance shall be required to allow any use, which is not
clearly permitted by right.
E. Deadline for Actions
It is the intent of the City to comply with State requirements for timely review and
actions requiring formal approval by the City. Information submissions and
applications must be determined by the City to be complete before a time line for
action is initiated. In the event the City cannot act upon a request within a sixty (60)
day time frame, the City will notify an applicant in writing that action will be
completed within 120 days of the date the application was accepted by the City. In
the event that multiple approvals are involved in any action, such as a site plan
review requiring a variance or a Zoning Ordinance amendment requiring a
Comprehensive Plan amendment, each action shall require a separate,
independent 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
p""" 1 n of71
violation thereof.
5 Amended:
4 Am=led: 2119102
3 Amended: 9/4/01
2 Amended: SmOl
] AmOllded: 1I301D]
Effective 9/5/00
City ofCenterville Ord. #4
Division 25: Lot Provisions
Lots of Record
A No lot of record shall be reduced in size below the district requirements in
aestisR 999 QaQ Table A5; and
B. An existing lot of record shall be deemed a buildable lot even though the lot area
and/or dimensions are less than those required for the district provided as follows:
1. Evidence must be presented that the lot in question met
minimum requirements for the division of property under
ordinance regulations in effect at the time of the division of
property; 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-Conforming Uses and Structures
Any structure or use existing upon the effective date of the adoption of this Ordinance, which does not
conform to the provisions of the Ordinance, may be continued subject to the following conditions:
A The non-conforming use is not expanded or enlarged, except in conformity with the
provisions of this Ordinance; and
B. If a non-conforming use is discontinued or a non-conforming structure is abandoned
for a period of six (8) twelve (12)5 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
p~O"" 17 "f7i
5 Amended:
4 Amended; 2/19102
3 Amended: 9/4/01
2 Amended; snlOl
1 Amended; 1130101
Effi>ctive 9/5/00
City ofCenterville Ord. #4
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
F. 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~ NQ mef-GJ tFi8R SA@ (1) sign Ret exseegiFlS 1\-:9 (2) sifwaFa feet \lVith a FRammwJfI
RsigRt sf tRFeS (:il) fset i€leRtifyiFlg tRe ElsslJpatisR sRalllle I.lseG See Ordinance
#395. and
-,
E. The occupation shall not be visible or audible from any property line; and
F. The occupation may involve limited retail sale or rental of products on the
premises, provided all stock in trade is completely enclosed in the principal
structure. Retail merchandise may not constitute more than fifty percent (50%) of
the principal structure square footage; and
G. Unless completely enclosed within an approved structure, no vehicle used in the
conduct of the occupation shall be parked, stored or otherwise present at the
premises other than such as is customarily used for domestic or household
purposes. See Section 135-140: Outside Storage.; and
H. Only on-site off-street parking facilities typically associated with a residence shall
be used; and
I. The conduct of an occupation or the use of substances which may be hazardous to
or in any way jeopardize the health, safety or welfare of neighbors and neighboring
p~".", 1 R of7,
property shall not be permitted.
5 Amended:
4 Amended: 2/] 9/02
3 Amended: 9/4/0]
2 Amended: SfilO 1
1 Amended: 1130/01
EJrectWe 9/5/00
City ofCenterville Ord. #4
Division 40: Single-Familv Dwelling Requirements
All Single-family, detached dwellings shall be constructed according to the following minimum
standards:
A. All dwellings shall have a minimum width of twenty-four (24) feet at its narrowest
point, with the exception of the M-1 District; and
8. Metal siding, with exposed panels exceeding twelve (12) inches in width, shall not
be permitted; and
C. All newlv constructed5 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 Dwellings and Structures
The use and occupancy of a tent, recreation vehicle or other temporary dwellings for the purpose of
living quarters is not permitted in the City, except as approved by the City Council under special
circumstances.
Temporary structures and trailers used in conjunction with construction work shall be permitted only
during the period that the construction work is in progress. Permits for temporary structures shall be
issued for a six (6) month period, Bl:It are Sl:IlijlilQt ta tRa MiRR8sata atate 13b1i1SiRg Case5.
Diuisi9A 10: DrD\~8\._~.... aAtt PaFkiAA Lot ImpF9Vem8Rk
tJI Fe~bliFe~ iAgres6.{88Fe~s psiFlts, gfi'/8'J.~2YS eRg paFkiRg areas ~Rall Be JSavee 'I.'itl::l aspRalt, seRer-eta,
~aVGFS, sesslestsR8 er siFRihu materi31 aSGSreiRS te F-NfRimwm City s~ssjfiGQtleRs, 8*Gh:1e1iRg R 1 giEtFi~ts.
gFi'J9~'ayt ~ay Ret 9x:~eed a tv!ORt,. .fel:lr (24) feet '!.'i€4tl=l at t~e streetliRs.5
-ivision 55: Public Utilities Reauired
All residential, commercial, industrial, public, institutional or other uses, which include plumbing facilities,
PI''''' ]q"fTI
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended; snlOl
1 Amended: 1130/01
E_ 9/5/00
City ofCenterville Ord #4
shall be connected to the public sewer and water system when available. See Ordinance #'s 30 & 45.5
Division 60: Relocated Buildinas or Structures
No existing building or structure may be relocated anywhere in the City without a permit. A permit for
the relocation of any building or structure may not be issued without site plan approval by the Planning
and Zoning Commission with approval in accordance with Ordinance #85. 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.2 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 ofthe
main building and shall comply in all respects with the requirements of this Ordinance applicable to the
main building. fI.FI assesssl)' I3wileliRg, blRless attasRsEI te aRa maEls a ~aF1: SftRS maiR
9wiletiRg, GRall R9t tag €jIQser tRaR fi\'0 (5) feet te tAe maiR IawilgiR~L SlQ;9J3t AS etR9f\~Ji~e previae; iR tRis
seGtisR. An accessory buildina. unless attached to and made a part of the main buildina. shall not be
closer than six (6) feet to the main buildino. except as otherwise prOVided in this section.1 The side walls
of an accessory building may not exceed ten (10) feet in height. The total area of an attached accessory
buildinQ (aaraQe) shall be no greater than 1500 square feet per level. Swimming pools mav exceed the
size requirements for accessory structures. but they can not exceed fifty (50) percent of the rear yard
ama:
Commercial uses (as defined bv Ordinance #4) in the M-1 District will follow the Commercial guidelines
1>""" ?O of 71
5 Amended:
4 Amended; 2/19/02
3 .Amended: 9/4/01
2 Amended; smo 1
I Amended: 1130/01
Effective 9/5/00
City of CenterviIle Ord. #4
for percentaae of oreen space. For all other properties in the M-1 District, the maximum accessory
structure allowed is 704 sauare feet and 440 sauare feet in the R-4 District. neither flGt5 to exceed the
size of the principal structure if an attached aaraae does not exist. If an attached garage exists. the
maximum accessory structure allowed is two (2) percent of the lot size or a ffiiRimym maximum5 of 200
sauare feet5.
Division 70: Site Plan Review Reauired
For all land use applications or permit applications etR€lr tRaA lOiR~18 family ResiEleRtial REl..... sBRstrYGti€lR
9llileliR~ J;jilrmits5, a site plan review is required by the Zonina Administrator or their desianee. Said
review shall take place thirty (30) days prior to the desired Planning and Zoning meetina. 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 Mav. the application and site plan need to be presented to the
Zoning Administrator or his/her designee the first week in April5.
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 includina front
minimum and maximum principal structure setbacks:2 and
D. Scaled locations of all existing and proposed utilities and easements; and
E. Scaled depictions of floor plans for each story; and
G. Scaled depictions of each building elevation and descriptions of exterior building
materials and color schemes; and
H. 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
P~ap. ?1 nf7i
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: SnlOl
1 Amended: 1130/01
Effective 9IS/DO
City ofCenterville Ord. #4
L Detailed descriptions of any site fencing, including type, location and height.
All plans shall be dated and bear the preparer(s) name(s), including professional registrations or
certifications when appropriate or required.
Section 070-020: Review Requirements. For actions that will require seR'lmi~ee City5 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 ofthe 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 Landscaping
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 durin~
inclement weather an escrow shall be deposited with the City as approved in
the fee schedule5; 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: Zoning Districts/Use Regulations
Section 080-010: Zoning Map. A map entitled "Centerville Zoning Map" is hereby adopted by
reference and declared to be part of this Ordinance as the Official Zoning Map.
Such map shall be on permanent file and available for public inspection in the City Hall. It shall be the
P"cr,,?? "fTl
5 Amended:
4 Amended: 2/19102
3 Amended: 9/4/01
2 Amended: 8nlOl
I Amended: 1130101
Effi:ctive 915100
City ofCenterville Ord. #4
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 ClPpeal such interpretation to the Board of Appeals and Adjustments. The Board of
Appeals and Adjustments, in interpreting the Zoning Map or deciding any appeal, shall apply to the
following standards:
A Zoning district boundary lines are intended to follow lot lines, or be parallel or
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 Publicnnstitutional District
M-1 Mixed Use
p""" )1 "f71
Section 080-040: Rural Residential (R-1).
5 Amended:
4 Amended: 2/1 9/02
3 Amended: 9/4/01
2 Amended: snlOl
1 Amended: 1130/01
Effuctive 9/5/00
City of Centerville Oni. #4
Purpose
The purpose of the R-1 District is to allow agricultural activities and non-sewered residential dwellings as
interim uses of the land. The City has limited vacant land for development and all land in the City is
planned for eventual urban uses. Because of the limited duration anticipated for agricultural uses in the
City and the incompatibilities which often exist between agricultural and non-agricultural uses, permitted
uses in the R-1 District will not reflect intensive commercial agrici.J1tural uses.
Permitted Uses
A. Single-family, detached, dwellings at adensity not exceeding one (1) home per ten
(10) acres; and
B. Residential accessory uses and home occupations; and
C. Crop production and vegetable gardening; and
D. Produce stands for products raised on the premises; and
E. Tree nurseries and sod farms; and
F. Horses, livestock and fowl, not exceeding a density of one (1) horse or livestock
animal per acre or three (3) fowl per acre.
Special Requirements
Agricultural uses are permitted in the R-1 District subject to the following requirements:
A. Feed lots, runs, pens and similar intensively used facilities for animal raising and
care shall not be located within three hundred (300) feet of a neighboring property;
and
B. Accessory farm buildings shall not be erected within one hundred (100) feet of a
neighboring property.
Section 080-050: High Density, Single-Family, Residential (R-2A).
Purpose
It is intended that the R-2A District provide for higher density single family detached, attached and
multiple dwelling opportunities in areas where public utilities are available and required for service. The
design and circulation of new residential areas are also intended to be complimentary with and enhance
the community's small town atmosphere.
p""" 74. f\fT\
5 Amended:
4 Amended: 2119/02
3 Amended: 9/4/01
2 Amended: 8nlOl
1 Amended: IBO/OI
Efrect:ive 9/5/00
City of Centerville Oni. #4
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).
PurpO$ie
It is intended that the R-2 District provide for lower density traditional single family detached dwelling
opportunities in areas where public utilities are available and required for service. The design and
circulation of new residential areas are also intended to be complimentary with and enhance the
community's small town atmosphere.
Permitted Uses and Structures
A. Single-family, detached dwellings.
B. Single-family, attached dwellings with two units.
C. Accessory uses.
D. Public parks and recreation facilities.
E. Day care facility.
F. Residential facility.
G. Home occupations.
p~"" 7'\ ofTl
5 Amended:
4 Amended, 2/19/02
3 Amended: 9/4/01
2 Amended, 8mo 1
1 Amended: 1130101
Effective 9/5/00
City ofCenterville Ord. #4
Section 080-070: Single-Family, Manufactured Housing (R-4).
Purpose
It is intended that the R-4 District provide for high density single-family, attached and detached
residential opportunities in areas where public utilities are available and required for service. The design
and circulation of new residential areas are also intended to be complimentary with and enhance the
community's small town atmosphere.
Permitted Uses and Structures
A. Single-Family, detached dwellings.
B. Single-Family, attached dwellings with four (4) units or less.
C. Accessory uses.
D. Public parks and recreation facilities.
E. Day care facility.
F. Residential facility.
G. Home occupations.
Special Requirements
Manufactured homes are permitted in all residential districts if they meet the design criteria for such
districts. All other manufactured homes shall be located only in designated manufactured home districts,
which meet the requirements of this Ordinance. The general intent of this district is to provide for
manufactured housing in subdivided developments, in safe, attractive residential neighborhoods with all
urban services and desired amenities as other residential areas. No person shall erect, establish,
extend or enlarge a manufactured housing development within the limits of the City of Centerville without
first obtaining Site Plan approval from the City Council upon receipt of the recommendation of the
Planning and Zoning Commission. Approval shall be granted only upon compliance with all the
following: 1.) Compliance with all other terms of this Ordinance #4, Centerville Zoning Ordinance; 2.)
Compliance with all the terms of Ordinance #8, Centerville Subdivision Ordinance; 3.) The proposed
development must be located in the City's urban service area as shown in the Comprehensive
Development Plan, and must be served by public utilities as approved by. the City of Centerville.
p~p-" ?h of?,
-
Section 080-080; Single-Family, Residential - Estate (R-5).
5 Amended:
4 Amended: 2119/02
3 Amended: 9/410 1
2 Amended: an/OJ
1 Amended: 1130101
E1lective 915/00
City ofCenterville Ord. #4
Purpose
It is intended that the R-5 District provide for Jow-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 Reauirements
The followinQ minimum requirements. as set forth. shall apply to all buildinas that may be erected~
converted or structurally altered in Commercial Districts.
Setback
See Table A - Schedule of District ReQulations Lot and Yard Requirements.
Buildina Height in Commercial Districts
As provided in Division #115 of this ordinance.
Off Street Par/dna
provided in Division #90 of this ordinance.
In addition to Division #90:
1'""" 7.7 ofTl
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: smOl
1 Amended: 1130101
Effi:ctive 9/5/00
City ofCentervilleOrd. #4
A. Space for a sinale vehicle shall be nine (9) feet bv eiahteen (18) feet or laraer.
B. Off street parkinQ area shall be surfaced with asphalt or concrete. and with
permanent concrete curbs to define driveways and parkina limits. Plans and
specifications for parkina 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 reauires a hearina
before the PlanninQ and Zonino Committee and the City Council.
C. There shall not be off street parkina within five (5) feet from any street riaht of way
nor five (5) feet from any other lot line.
D. Also see Division #165.
Buffer Zone Between Commercial and Residential Districts
Where a Commercial District abuts a Residential District. any new development shall include a buffer
zone. There shall be a protective strip of not less than ten (10) feet in width. This protective strip shall
contain no structures. shall not be used for parkina. off street loadina. or storaoe. 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 ri!:!ht-of-way. The plantin!:! or fence desi!:!n must be approved by the
site plan review process. The site plan review process reauires a hearin!:! before the Plannina and
Zonin!:! Committee and the City Council. Per Division #70.
Screenina Reauirements
If the City Council requires any type of screeninq as a condition for a variance or special use permit:
the applicant shall comply with the followinq conditions:
A. File a copy of the screenina plans with the Zoninq Administrator.
B. The screenina. plantina or construction. or both shall be complete within one year
from the date of the buildina permit. subiect to extension by the City Council.
C. The screenina shall be maintained after completion.
Landscapinq
A minimum often (10) percent of any lot shall be areen space. Three (3) percent of the surface area of
the land within a parkina area shall be landscaped with arass and shrubbery or other approved around
cover. Landscaped areas will continue to be maintained by the property owner on a continuous basis.
Green areas within abuttinQ street rioht-of-ways will also be maintained"by the property owner. See
Division #160 for other requirements.
P~o,,?ll of7,
5 Amend~:
4 Amended: 2/19102
3 Amended: 9/4/01
2 Amended: snlO 1
1 Amended: 1130/01
Etrective 9/5/00
City ofCenterville Oed. #4
Site PlanSpecial Use Plan Review5
Site I3I:aR~ fer all devBleBmef1t~ reawiriRQ 3 sElesi:llwte 138Fmit m~st 88 &blBmittes I3riaf ts t~e it&bl3F-1Se gf
bYih:liA~ eermits. At least tAe fGlle':JiA~ iAfermatieA sl1all B8 ..~bmitl8Q fer F8':iElw:Site plans for all uses
reauirina a special use permit must be submitted for review prior to the issuance of the buildina permit. 5
A. Site development plan.
B. Buildin!:! plans, includin!:! buildina elevations, indicatina mass, buildinq materials,
and color of all exterior surfaces, includinq all materials proposed to meet the
screeninq requirements of this ordinance.
C. Landscape plans. indudin!:! the number. species. and size of all plantinqs.
D. Gradina. drainaae, parkina areas. items to be stored. and utility plans.
Accessory Structures
araaes. accessorY structures. screen walls, buildinqs. and exposed areas of retainin!:! walls shall be of
similar type. Quality, and appearance as the principal structure.
Exterior of Building
All buildinqs shall be finished on all sides with permanent finished materials of consistent Quality, per
Division #95. and Ordinance #44-A.
Permitted Encroachments
The followinQ shall not be considered as encroachments on setbacks subiect to other conditions within
this ordinance:
Off street parkin!:! spaces. flues, belt course. leaders. sills. pilaster. lintels. cornices, eaves. autters.
awninQs. open terraces. service station pump islands. open canopies. steps, chimneys. f1aQ poles.
ornamental features. open fire escapes. sidewalks, and fences. except as hereinafter amended.
Exterior Merchandise
See SeGtisA Division #135-140.'
l.ightiAj;JNuisance'
See SeetieA #135-040.'
ivewavs
A.
No driveway shall be located within one hundred (100) feet of any riqht-of-wav
line of a street intersection. Said distances shall be measured alona the
property line from the corner ri!:!ht-of-wav and County line.
l>~"" ?Q of 1"1
5 Amended:
4 Amended, 2/19/02
3 Amended, 9/4/01
2 Amended, SnlOl
1 Amended, 1130/01
E_e 9/5/00
City ofCenterviIIe Ord #4
B. Access drive onto county roads shall reauire a review by the City Enaineer.
This review shall be measured alona the property line from the corner riQht-of-
wav and County line.
Special Use Permits
As provided in Division #200 of this ordinance.
Criteria for issuance of Special Use Permit. When reviewina an application for a Special Use Permit the
Plannina and Zonina Commission and City Council shall considered the followina criteria:
A. Impact on traffic.
B. Imoact on parks. streets. and other public facilities.
C. Compatibility of the site olan, internal traffic circulation, landscapina and structures
with contiauous properties.
D. Impact of the use on the market value of contiauous properties.
E. Impact on aeneral 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 owners expense. an adeauate number of
approved containers to hold the qarbaae accumulated by such premises. Such
containers shall be made of metal or other suitable material. shall be water tiahl.
insect and rodent proof. and shall be of a material not easily corrodible and
eauipped with suitable handles and tiaht filtina covers and shall be kept covered
when there is aarbaae stored therein.
B.
Garbaae 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 eniovment of adioinina property.
C.
All aarbaae containers shall be screened with a suitable enclosure.
PH,,"" "'10 nf71
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: smOl
1 Amended: 1/30/01
E_ve 9/5/00
City ofCenterv:ille Ord. #4
D. Every garbaQe or rubbish container shall be maintained in as sanitary condition as
is possible and shalf be thorouQhfy cleansed as needed. ff. 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 writinQ. the provider
or user of the container of the deficiency and shall require the repair or replacement
ofthe container within fifteen (15) days. All container enclosures shall also be kept
in Qood repair.5
Permitted Uses
A Retail sales and service, but excluding adult orientated businesses.
B. Automobile and motorized equipment sales and service, excluding salvage operations.
C. Farm implement sales and service.
D. Building supply sales and storage yards.
E. Funeral homes and mortuaries.
F. Day care centers.
G. Hotels and motels.
H. Full service gasoline sales and service.
I. Eating and drinking establishments.
J. Financial institutions.
K. Personal and professional business offices.
L Public buildings.
M. Barber/Beauty salons.
N. Commercial schools.
O. Hospitals and clinics.
P. Nursing homes.
P"o-" 11 "f71
Q. Commercial recreation.
5 Amended:
4 Amended: 2/19102
3 Amended: 9/4/01
2 Amended: 8mOl
1 Amended: 1130/01
B:ffective 9/5/00
City ofCenterville Ord. #4
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 Reauirements
The followinq minimum requirements. as set forth herein, shall apply to all buildinqs that may be erected,
converted or structurallY altered in Industrial Districts.
Setback
See Table A - Schedule of District Requlations Lot and Yard Requirements.
In addition. side yards facinq 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.
Buildina height in Industrial Districts
As provided in Division #115 of this ordinance.
Off StFeet PaFkiR!iI
k Bre~}iGlBef iR Di'fisi9R 1t9~ of t~is erefiRaRes.5
In addition to Division #90:
A. Space for a sinqle vehicle shall be nine (9) feet by eighteen (18) feet or laraer.
B. Off street parkinq areas shall be surfaced with asphalt or concrete, and with
permanent concrete curbs to define driveways and parkinq limits. Plans and
specifications for parkinq areas shall be reviewed bv the City Enqineer, and
approved by the City Council prior to construction.
C. All open street parkina areas havinq more than six (6) parkina spaces shall be
effectively screened bv a wall. fence of acceptable desiqn. or compact hedqe alonq
1>~"" 17 of?1
5 Amended;
4 Amended; 2/19/02
3 Amended; 9/4/01
2 Amended; 8mOl
I Amended: 1130/01
Efl.ectivc 9/5/00
City ofCenterville Oni #4
all sides which adioin or are directlv across the street from the property in a
residential zone or institutional use. Such wall. fence orhedoe shall be maintained
. in oood condition. Plans for fencino shall be approyed by the City Council. The
fence shall not be used for advertisino purposes. .
D. Parkino constructed to fall within the minimum setbacks. See TableA
E. Off street parkino areas shall be so oraded and drained as to dispose of all surface
water. Drainaoe plans shall be subiect to approval of the City Enaineer.
F. Also see 59GU9R Division #165.5
Buffer Zone Between Industrial and Residential Districts
Where the side vard of any Industrial District abuts a Residential District, the minimum side vard setback
shall be sixty 60 feet. Parkino of vehicles will be permitted within (40) feet of the side yard line. All side
vard areas not utilized for parkino shall be landscaped with screenino provided alono the side lot line to
"'ithin (15) feet of any public rioht-of-way.
Screening Requirements
If the City Council requires any type of screenino as a condition for a variance or special use permit, the
applicant shall comply with the followino conditions:
A. Fife a COpy of the screenino plans with the Zonina Administrator.
B. The screenino, plant/no or construction. or both shall be complete within one
year from the date of buifdino permit, subiect to extension by the City
Council.
C. The screen/no shall be maintained after completion.
D. A dollar amount of one and one-halftimes the estimated cost of plantino and
construction of the screenino. shall be filed with the City in the form ofa cash
escrow or letter of credit. The cash escrow or letter of credit amountshall
be forfeited to the City if anv provisions of this section are violated.
Landscapinq
A minimum often (10) percent of any lot shall be oreen space. Three (3) percent of the surface area of
the land within a parkino area shall be landscaped with Qrass and shrubbery or other approved around
er. Landscaped areas will continue to be maintained bv the properly owner on a continuous basis.
en areas within abuttino street rioht-of-wavs will also be maintained bv the properly owner. Also see
Section #160.
p""" 11 "f71
5 Amended:
4 Amended: 2/19102
3 Amended: 9/4/01
2 Amended: 8n/01
1 Amended: 1130101
Effuctive 915100
City ofCentervilleOrd. #4
Site PlsnSpecial Use Plan Revie~
Site staAs fGr 311 Ei9v9IeBmeH~t& ~Bawif9 &EHaGial bl~9 BBrmits erier ts tRB iSSl:I8RSe sf bwildiRQ esrmitE.
.~t least tile fQlIsVJiRQ iRfeFmatisR GRail 88 sl:lsmitte€l fer reviswSite pl~ms for all uses reauiriM a
special use permit must be submitted for review prior to the issuance of the buildino permit.:
A. Site development plan.
B. Buildino plans. includino buildino elevations. indicatino mass. buildino materials,
and color of all exterior surfaces. includina all materials proposed to meet the
screenina re~uirements of this ordinance.
C. Landscape plans. includina the number. species. and size of all plantinas.
D. Gradino. drainaoe, parkino areas. items to be stored. and utility plans.
E. See Division #2005.
Accessory Structures
Garaoes. accessory structures. screen walls and exposed areas of retainino walls shall be of similar
type. ouality. and appearance as the principal structure. Accessory structures shall complv with all of
Section #080-100.
Exterior of BuildinQ
All buildinos shall be finished on all sides with permanent finished materials of consistent Quality. per
Division #100. and Amendment #44-A.
Permitted Encroachments
The followinQ shall not be considered as encroachments on setbacks subject to other conditions within
this ordinance:
Off street parkinQ spaces. flues. belt course. leaders. sills. pilaster. lintels. cornices. eaves. outters.
awninas. open terraces. service station pump islands, open canopies. steps. chimneys. f1aQ poles.
ornamental features. open fire escapes, sidewalks. and fences. except as hereinafter amended.
Exterior Merchandise
See SoeveR Divisions #135-140.
l..ightiRgNuisance5
See S9Gtien Division5#135-040.
PHo-" ,4 of?,
Driveways
A.
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: SnJOI
I Amended: 1I30JOI
Emctive 915/00
City ofCenterville Ord. #4
No driveway shall be located within one hundred (100) feet of any riaht of-way line
of a street intersection. Said distances shall be measured alona the property line
from the corner riQht-of-wav line.
B.
Access drive onto county roads shall require a review by the City Engineer.
Special Use Permits
As provided in Division #200 of this ordinance.
Criteria for issuance of Special Use Permit. When reviewina an application for a Special Use Permit the
Plannino and Zoninq Commission and City Council shall considered the followina criteria:
A. Impact on traffic.
B. Impact on parks. streets, and other public facilities.
C. Compatibility of the site plan. internal traffic circulation. landscapina and structures
with contiauous properties.
D. Impact of the use on the market value of contiauous properties.
E. Impact on Qeneral public health. safety. and welfare.
F. Compatibility with the City's Comprehensive Plan.
Signs
As provided in Ordinance #39.
Refuse
A.
B.
All premises shall be provided with. at owners expense. an adeauate number of
approved containers to hold the aarbaae accumulated by such premises. Such
containers shall be made of metal or other suitable material, shall be water tiaht.
insect and rodent proof. and shall be of a material not easily corrodible and
eauipped with suitable handles and tiaht fittina covers and shall be kept covered
when there is aarbaqe stored therein.
Garbaae 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 elient shall container or
their enclosures be placed or maintained in such a way to unreasonably interfere
with the use or enioyment of adioinina property.
p~"" '" {)fT~
I
I
I
C. All Clarbaoe containers shall be screened with a suitable enclosure.
.5 Amended:
4 Amended: 2/19102
3 Amended: 9/4/01
2 Amended: 8nlOI
1 Amended: I130/Oi
E_ve 9/5/00
City ofCenterville Ord. #4
D. Every Clarbaoe or rubbish container shall be maintained in as sanitary condition as
is possible and shall be thorouClhlv cleansed as needed. If, upon inspection bv the
Administrative Authority a container is found to be in poor repair, corroded or
otherwise defective the Administrative Authority shall notify, in writino, the provider
or user of the container of the deficiency and shall reCluire the repair or replacement
of the container within fifteen (15) days. All container enclosures shall also be kept
in oood repair.
Loadina Facilities
Loadino facilities shall be on the side of rear yards. When adiacent to and/or visible from any public
street. such facilities must be adeCluatelv screened.
Storaae
For the purpose of this zoninCl district. car, vans and pick-up trucks parked outside and used bv
emplovees and/or visitors in the normal course of the business operation will not be construed to be
outdoor storaoe. Further, outside parked trucks and semi-trailers used in the normal business commerce
will not be construGted5 to be outdoor storaCle:
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 construGted5 as an operation listed as a conditional use in any
industrial zone.5
Permitted Uses/Uses Permitted on Special Use PermitS
A. Business and professional offices.
B. Machine and repair shops.
C. Construction trade offices and yards.
D. Manufacturing, warehousing, distribution, processing, packaging, assembly and
res.earch uses, except waste management.
E. IndOor shooting/archery range and sales.
F. Truck terminals. (Special Use Permit required)
G. Mini-Storaoe (Special Use Permit ReCluired).2
p""" ,Ii nf7i
H.
Kennels (Special Use Permit Reauired)5
5 Amended:
4 Amended: 2/] 9102
3 Amended: 9/4/01
2 Amended' smo 1
1 Amended: ]/30/0 1
E1fective 9/5/00
City ofCenterville Ord. #4
Sp8Gial R.equiFem8Ats
Tf:18 E:ter-age efsl:Ip}3lies, praal:lstt, 'J8~isleE, e€ll:li~meRt sr etRsr materials sllall 99 h:9Flt iRsesn;: wRlsss
fatally SSr;e9AGH~ fF9FF1 ~LleJis Fi~Ats flf "Jay :uul 61djas8Rt JiFSfaeFties. J\€Itdt 9FreRtates swsiRseses eFtS
reg~lateEl se~aratBllf lay City OFEliRaR685. .
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.
p""" 17 ()f71
5 Amended:
4 Amended; 2/19102
3 Amended: 9/4/0 I
2 Amended; SnlOl
1 Amended; 1/3010 I
E1fective 9/5/00
City of Centervillc Ont. #4
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
making zoning decisions about land use compatibility and dimensional criteria for uses and structures,
the City shall have broad discretion to protect the public health, safety and welfare; and to protect the
residential integrity of the Mixed Use District and surrounding residential neighborhoods.
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 eo: ParkinQ Requh:ements
TR9 feUe'.YiRg tasle iIIwstu;ates tAB mif-liml:JFR AYFRBSr Sfp3Fkh=-lg €JJ8S8S rSE:ibliFeG fervaFisbJs l:Isec ~eRNittea
iR tRe Citro T);Ie (,itr R13Y meaify miRimwm f3arkiRg reqYiremeAts iR tR~ M 1 Qistrist, :as part sf the Sits
Plan .t\tl,af9-J31 pr9GGSS, if it is deteFFRiRed th:at tAe idS€) is S9RSiEteRt '.vitA tAg r:H:JF~SSe sf tR9 distFist aRe
stfQ9t raafkiRg is sldffieieRt ts as~emm98ate tRe w~e.
Uses
Minimum P2F-kiAA ROGwiFed
P~a" ,ll of7,
Resi€lslRtial........ ... .......... .............. :V€I'.ve!/iflg llRit
CJ;nu~sR8S ..................................... 1f~ seats iF} laFS8Et G&sBmlaly
ScReets........................................ t'sJ:assrsem plus 1.l3 seak ill J3rgsst 3s~em9Jy
TReateF~ ...................................... 1!~ seats
Rsstal:lraRts ................................. 1./~ seats
GUises ......................................... €iJ1,QQO sEll.!are fget !Iress fle9r s13as8
Retail........................................... 911 ,gOO sEll.!are feet !Iress fleer area
CeR":eAisRGe Stores .................... 7f1,gOO sqwaf-c Jest smss tiger 3Fe3
G9R9ral aer\'iS8€ ......................... 4.'1,999 tElblare met gF9SS fiBer 3fS3
Tr::a99 SW&iRB~S9S........................ ~./1 ,ggg ~qwaR9 feet gmss fleGr aroa
MaRl;;lfastwRRg.............................. 2/1,gg9 sr:twaF8 feet gress Jleer aF8a
OttJsr hufwstRal............................ d.'1 ,gOO SEfwaFB feet SFSSS f.leer am
C:ar '.^lstR8t................................. 5/staskiFlS f3er e:ay
Drive Up RestawraRts.................. a ~taQkiRg I3I11S 1/$ seats5
5 Amended;
4 Alllilnded: 2119/02
3 Amended: 9/4/01
2 Amended: smol
I Amended: 1130/01
Efrectiv.9/5/00
City nfCenterville Ord. #4
Division 95: Commercial Exterior Building Materials
'(cept; as otherwise regulated herein, the exterior wall surfaces of all new or expanded commercial
uuildings 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.
8. 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 100: Industrial Exterior Building Materials
ustrial buildings are required to be constructed of brick, decorative block or approved textured
masonry product. Pole barn type buildings are not allowed. Buildings are required to have contrasting
architectural features and must be designed to be aesthetically pleasing.
P~".. 1Q of7,
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 1
2 Amended: 8n10 1
1 Amended: 1130/01
EIlOctive 915100
City ofCenterville Ord. #4
Division 105: 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 105-010: Snow-Stop Fencing. Snow-stop fencing may be used from November 1 to April 1.
No permit shall be required for temporary fencing.
Section 105-020: 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.
Section105-030: 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 105-040: 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.
P""" 40 of7,
5 Amemled:
4 Amended: 2119102
3 Amended, 91410 I
2 Amended: 817101
1 Amended: 1130101
Effective 9/5/00
City ofCeul:erville Ord. #4
Division 110: Sian Reaulations
See Ordinance #39.
SeGti9R 11Q Q1Q: QgR9Fal Pm'Jisi9RS.
J.
^
. ~.
liigRs Iflf* e . . .
~r9 pre I I €I \VltRIR tAe FH:lBlis riSRt 9f \..'3.y Sf saSBmeRa: 8)G;9ptt~attAe Citp
::,~~.RSII ma.y gFaRt B araeeial Use Permit te leGate SigAl> aAg oeGeFatielFlS eR e;.
.A fR tf.1B ns~t sf 'Nay fer a Er;esiRe€l tilTle.
8.
~lafd;,'fiRS SigAS, fRstiSR SigRS Sf siFRil:af sevieet shall be prst-libitea in all aistFist
8XGSFt aJi1~reved tNtf:Rs sigR:l1 sevises. 6,
c.
~F1tQF~er iIIUFR.iRateel sigRS are )3SrmittBs iF) all Elistricts exespt ResielsAti:al
rllllmll'latee SlgAs sRall Rave a sRieloesligRt seWF€e. . 1',11
D.
~MSiRess .Si~RE ER311 Real Be paiRtg9, attast=lBs, Sf iF) aFlY maRR8r a#iKsa ts bees
,eel(S Sf sImilar R3tWf-:aJ EbJri3€St. Ne gigAS sf 3lRY ty~e sf:taJl Be fJaiRtss g" tI' I
ts the Feet Sf tRG) siues st 3 bwilaiRS. 'FeG ; eA
E.
;ig~S "".AiGR iRterfure -"AIR. tRe aBility ef "ElRie)e eraeFateFS ef raesestFi.lRs tEl see
Fa G ~ISR3Is1 Sf \!J~I~~ II~P99B tRB vitieR sf traffis ~y ':eRicl,g eperatsFS sr
J39r=1estnaRS are f)F8RIBltBef.
r.
1M II .
. . a tIS~S mwst taG .mQ~RteEl te tt.le '_~J311 iR a ral3R8 paFallel 19 the 'Nail :lAd net
pG3~peRefIGwfar Sf prGjB~tIRS fFem tt.1e '.\.aff.
G.
aiSR~ ~hall Rat pre)sst :lGave tRra f99JliAS af 3RY stfustwFe lsit~eyt tR8 it&WaR9B sf a
~!'lee;laf Use Permit.
j.l.
~Je ,~.igR sRallllRys~sally eBstF!.lst aRY '!liReeW, fire eSGBlle er eraeRiR!:I iRteReee te
pre .Iae 9Rtry Sf eXit fa aRY str~GtWFe Sf b1:lilefiRS Sf pwt3lis \vay.
f\1I S:!~RS eFts S!SR ~t~wstl:lF~~ sR211 tae rarefHiFly maiRtai'Flea iF) a tafe, eraerl'
eeRal~aR at all ~R'lElS, fRGlllGIRg tAe reralasemeRt ef oefeeu'1a !'lafts sleOlRiA aR~
stR~r IteR'ls rell~IIFS9 fer tAe R'laiRteR8Rse sHlle sigR. V.g!:lEl*a*ieR ar-e'IdReI iR W:Rt sf
BellIRs, aRell.IAgerRsatR tile Base af grellReI l>igAS fer a eistaRsll ef tGl~ (10) feet
s~all ~e Reat:ly tRmmed eFtg fF8e sf t~JeegS, aRS AS FfJeSiSA Sf selaFit fRat ,uewld
SSRttlwte a fire sr ReS1ltf;l ~azard ~Rall se flermitteg ~A€lBr Sf RElar tRB SigR. ..
~Je gigRs FRay Be ~'aG9Ei SA wtility pales iR tR9 eemmfdRity.
I.
P~op.Llll\fT\
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8n10 I
1 Amended: 1130101
Efrective 9/5/00
City of Centerville Ord #4
TJ:lere FR:ay 98 AS mere thEln GAB isentisal sifilA ~8r let iAB residQRtiafJy 29Aes 3re:1.
K.
SleetieR 110 020: PeFmitted SigRS.
t.. CaFfll'laigR sigRs l'l€lstsEl l3y seRa fi1il9 sGRliIiElates fer I'lEllitisal effise Elr l3y a 1'l8F€ElR gr
Sf€H:J~ ~remgtiRg 2 p9litic~1 i~swe fer 3 €:3RSigate may be [iJlased iF-! aRY eistr-ict
sll9jeGt ts tile Feqllir:eFflBRts sf tAo elistFiet. CaFflpai!ilR Si!ilRS Fflay so 1'l8stea fer a
perigo Rat tg @XGeeQ €hfty (99) gays aRg ~Ratl 99 f-am9v9d ~.~."itRiR StvJeR elay&
fGIIS'JRRg tAe G~lte sf tRe ehastieR. ORly eRe sigFl FJsr saFiEliGlaoo '.~}iJI ~s alh~'J\'eef raer
\.et.
i. TeFfllleFaFy eaRIlBFS allel I'lollllallts 8Ffll'lleye€l fer !ilFaIlEl Bl'leRillg ef illsiRess
8st31alishmeRm, &~e€i~lI 8\'Qf-lt€ aRGI Reti€lays sn311 B9 rOFR9Vea \vitl:liR f9WFmSR (14)
says after S~SR 3R epeRiflg, el/9Rt Sf ~elid3Y. iaRRGFS sr peRF13Rt& \"JhiCR are 3R
iRtesralllaFt sf tile E1esigR Elr aFGllitestllre Elf iil BHileliRS are I'lBFFflitteEl.
c. ORG tempsFary ieh~AtifisatieR ~iSR, settiRg fe~~ tRe Rame ef the f,lfGjest, arst:litest,
sRginesfS, sSRtr.3Gters, ~13AAf2FS :tR9 fiRaReif.'lg :ageRGies, may be iAstalleQ ~t a
&eRstrblstieFl site iF) aAY Efistriet far tRt3 fJSrle9 af SElRstrldstieR. TR9 SigR area af:l
tom~efal)' iQSRtifisatieA SiSR ERall Ret eJmeea tl:1ift~l five (85) t€fl:lare feet.
c. 11'1 aRY E1istrist, eRe temll€lFaI)f real estate si!ilR may Be ereGteel fElr tAG I'lllFl'leEB af
aa',:eF1isiFlg tAB 193&9 sr t31e 9f pr:e~Grtr Yf.l9FJ t~!RieR it is pfaeee. ORty eRe &YSA
sigR &l:Iall Be lleFFflittoa I'lBr street frElRtage. allsh sigR sllall se reFfle\;eEl witlliR
SGi',:eA (7) says fQlle~vjRg lease Sf 5:310.
e. OpSA Rowse Sf etRer mm{a8F@t:y SiSRS \Rat are plaGge SRa feR1eVeg 9R tt-te same
~
TAe m3}(imwm size sf SWGA sigR€ fer saGA €Iistrict is 3& feUe'N€:
RBsi1il8Rtial OistriGts ~ ................................................. TeR (1Q) sqHaFe feet
/\g_Rsl:lltWF~ aRa PweliGffRstitwtisAal DistFiGts Q............. TV'.~F-}t'.t' fi'J& (25) sqwaFs feet
Cemmersiab'IROWttrjal QjttFists ,t................................ Thirty 'R..}9 (~2) sqwars feet
Ssetien 110030: P9Ftab'e SigRE_ Pen3sle rsigAs are pr41AisiteGl iF-} FesidsRtial aistrists. PeA:3sle SjSRE
ir-r all Gltf:lsr QistFists 3FB alh;)'NS9 ,,:itn jil8Fmit:as tJ3ssifisally 3l:1tJ::!erize9 oele\v. PaRable EigRS WGSS fertRe
r:nuraese sf aiFGstiRg tAB pwsliG \\'iIl Be pGFfflittea ~l:Ibj9gt ts tR9 fell9\viRg G@F\eliti9RS:
^. SaiEl &iEJR is B@iRGieJeRtal ts Sf ~[es iF! saRjIJRstisf-l ':}itt-. 3-J3wblis f.I:IRstieR; :lRB
6. iais ei~F1 is ~g8e1 fgr a s139sial tawsiRess fSrsmetiel'=1 Sf El'.'9At; :~tncJ
p"ctP. 47 of?,
5 Amendod;
4 Amendod; 2}]9/02
3 Amendod: 9/4f() 1
2 Amended; SnJOl
1 Amended: 1!30f()1
Effuctive 9/5/00
City ofCenterville Ord #4
Q. T~El perieG sf ~SQ fer SWSR a ~igR tRail Ret sxssea febfRs9A (11) C9f-1sQsl:.Jti'}8 8ays;
aR&
D. Ne Sl:lSiRSSS FRay R3V9 mGr=e tAaR si~( (6) s,Hasbll3remetieRS Sf eveRts l3er YS3r; 3F18
E. PeFt3sle €iSRE: mal Rst Bl(SSeS sigtxlty (iQ) sEtwarB feet.
$oGtien 11Q O~O: CempFch9Rfdt'8 SigH PillA RequiFed. ^ Cemprsh8Rsi\.'s Sign PlaR is mqwiFsel attAQ
tiFR~ Elf PlaARiAlj .aR~ .lsAiRlj CSFR~issi~R rS'lis.'.v sf aAY Ilr~1l8~seI CsmFR~FGial ~r iRelIlStr:~:::Elfl:::~
~aJ(~ pl:lR EI=talllREihsat9 tRe lesatisR, 8129, ReJBRt, Geier, IIBhtn~s aRe! SR9F1tatIBR sf:all d i
aRB sllaff tle slltlmitteB fer al'll'lFevallllHsllaAt te tA8 reglllatisAs ef tl:le City sf CSAtsrville.
A. The fGII9'_viRfj SiSRS arB ~ermittea iF! t~e Residsf-ltial aRB PIdBliG/IRstitwtieRal
Qi&trists:
1. N2ms PI:ats Signs: Olls.(1) SigR Ret ie eXG9BEf tJ.:e (2) s'1wam
fest iF) areA Fer saGA ~iR8IB F:lmily, detaet;:JgEl, 9'/JeIliRg sr ~ix
(6) B€jwana feet iF! riFB8 fer eSlSA ~Al=J'tipJB TAmil}' a~H;J
Plitalis.1IRStitwtisR:a1 ~wildiRS. ~ai~ R2m9131:at9 BRall iRdisate
GRli Flams aR~ :adElrBts.; eRa
2. PUbJj~1 JAEtitwti9R2', 3REI ReGFesti9RaJ SigRg: ORe SiSA Sf
13b1l1etiR be:anl J39r street freRtaS8 f.er SaGR permittee blS9 if]
s:aia Efittr=ist, prs\'iElss &ais SigR sl=latl Ret 8*SseGl fifty (59)
€qw:u:e feet iR :area aR~ sl:l811 tas ~laGeg ewtsisB sf tRe street
Fi~l:lt sf 'Nay '.'1itA tho-c)(ooptie~tflec@nter
islaFlB 8ReI sRall Ret exsesa t\'~'9lve (12) teet iR I=IsigAt; taRS
8. l'..Fea Id8Rtifi~3ti8A SigR: ORe (1) SigR Ret ts SJfG99Ef !\\'SRty
mwr (2<1) sEfwar;e feet iF) area fer eaef:1 J3'aRRsa F9siasRtial
efi~trist 8AtFaRGB, prs\'jgeEl ~3iel siSR is Ret ,a1:aseel':.'itRiR 3RY
stfset ri!JRt Elf v\"ay eRa ae8S Rst 8XGesa teR (1 Q) feet iA ~eigt;:tt.
El. TR9 felfe".viAS sigRs am peFmittea iR t~e Cemmersial :aRe IRswstrial Ci~trists:
1. Y'hll SigRs: 'JAlali SigRS :arB 139FFRittea SR eaSR fill:lslis street
eXpe&WF9 Sf flwblie paR~iRg e~eSWFe prsviagg ~ais siSRage
aees Rst Bxeeea teA ~erG0Rt (1g~~) sf saiEf \~Jall area; 3FlEl
2. FAils StaA~iA8 SigAs: ORS (1) free staRsiRS SigR ~8r stFeet
freRtage }3Fevises, Aev~~\'Elr1 said si~R aees Ret 9*88961 eigf:lt;'
P"oe: 41 of71
SAmeMed;
4 Amended; 2119/02
3 Amended: 9/4/0 I
2 Amended; 8nlOl
1 Amended: 1130101
_ve 9/5/00 .
City ofCenterviIle On:!. #4
(29) sE)l:Jare feet if} 3Fea aFH~ R"J8FlPJ (29) fS(i)t iF} AsigRt; aRS
J~ Ar.ea IdontifisHoR Signa: QR9 (1) arSQ ia9RtifisatisR siSR is
}a9rmittes per slmB! fmRtage ~er SBmmSFsial Sf iRswstfi:a1
gS~~lelgpmeRt pr9\'ieJes, f;H~r~.}@)Jer, said SigR gees Ret 8)(Gsea
€ixty fewr (94) I;;fijlslare feet iFl 3ma SREI t\~.~Rty (2.9) feet iR
ReigAt,.QRQ is RstplaseGtv}itl:lin teR (1Q).fS9t efaRY street Rg~t
9t ,uay 5
... .
Division 115: Heiaht
Section 115-010: D:.'l'9I1ingStructure5s. No B\'.'eIliA!il structures5 or other building may be erected to a
height exceeding thirty-five (35) feet without the issuance of a Special Use Permit.
Section 115-020: Excess Height on a Penn it. 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 120: Yards
Section 120-010: General Requirements. The minimum depth of front yards, rear yard and side yard
for each District shall be as defined in the Schedule of Regulations and conform to the following
additional regulations:
A. All structures, whether attached to the principal structure or not, and whether open
or enclosed, including porches, carports, balconies or platforms above normal
grade level shall not project into any minimum front, side or rear yard; and
B. lets ':v't.:Jish aSl;lt SA RlQF9 tnBR eRS (1) str.eet sRall previse tf';.1g Fe~btiFeg freAt y:aFEls
aleAS sas~ stFeBt. Rear yar4 sets asks ~Ralf Rat be reEJblires SA eerner lets siRes
p~"" 44 of7,
~iele yare €ets:.1Gks 6lfJflly; aRS
5 Amended:
4 Amended: 2fJ 9102
3 Amended: 914/01
2 Amended: smol
I Amended: 1130/01
Effeclive 9/5/00
Cil:y ofCenterville Ord. #4
B. Lots which abut on more than one (1) street shall provide the required front yards
alonq each street for the principal structure. Side yard setbacks for an accessory
structure will applv to the frontaoe that is notS considered to flGt be the required front
yard; and1
C. Any principal structure situated on lands contiguous to or abutting any portion ofthe
public lakes in CenterviJIe 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
3. Recreation facilities, entertainment facilities, all business
uses and all industrial uses - Sixty (60) feet.
Section 120-020: Computing Front Yards. For the purpose of computing front yard dimensions,
measurements shall be taken from the nearest point of the front wall of the building to the street right-of-
way line subject to the following qualifications:
A. Cornices, canopies, or eaves may extend into the required front yard a distance not
exceeding two (2) feet, six (6) inches; 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
P~"f': 4'; "f71
closer than four (4) feet to the side property line; and
5 Amended:
4 Amended: 2/19/02
3 Amended: 91410 1
2 Amended: smo 1
1 Amended: 1130101
E_.9/5100
City of Centerville Om. #4
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 U1B ar:ea trianale5 bounded by the street of the lot and a
line joining points along the street lines fifty (50) feet from the point of the
intersection.
Section 120..030: 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 theprincipal building or use, except
that combined or joint parking facilities may be provided for two (2) or more buildings or uses in
commercial districts and in industrial districts, provided that the total number of spaces is not less than
the sum of the requirements for each building or use. The proposed joint parking space shall be within
four hundred (400) feet of the entrance of the use it will serve. A properly drawn legal instrument,
approved by the City, executed by the parties concerned, for joint use of the off-street parking facilities
shall be filed with the County Recorder's office.
Division 125: Performance Standards
Every use permitted by this ordinance shall be so established and maintained as to comply with the
provisions of this section. The Council may require the owner or operator of a use permitted by this
ordinance to provide such tests or investigations by an independent testing organization satisfactory to
the Council as are necessary to show compliance with these standards. The cost of such investigation
and tests shall be shared equally by the owner or operator and the City unless the results disclose non-
compliance with these standards; in that event, the entire cost shall be borne by the owner or operator.
This provision does not preclude the City from making any investigations and tests it finds appropriate to
determine compliance with these standards.
Division 130: On-Site SewaQe Treatment Standards
The installation and repair of individual on-site sewer systems shall be in compliance with Minnesota
Pollution ControlAgency 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.
p""" 41'> of7,
5 Amended:
4 Amended: 2/19/02
3 Amended; 9/4/01
2 Amended: Sn/Ol
I Amended; 1130/01
EJJeclive 9/5/00
City ofCenterville Ont. #4
Division 135: Nuisance Standards
Section 135-010: Odors and Emissions. Odors and emissions from any use shall not exceed the
regulations set forth by Minnesota Pollution Control Agency Rules.
Section 135-020: Dust and Particulate. Dust and particulate matter from any use shall be in
compliance with and regulated by Minnesota Pollution Control Agency Rules.
Section 135-030: Noise and Vibrations. Noise and vibrations generated from any use shall be in
compliance with and regulated by Minnesota Pollution Control Agency Rules.
Section 135-040: 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.
,ction 135-050: 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 asspecifically
provided in this Ordinance.
Section 135-060: 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 135-070: 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
Substances Causing Damage to Vegetation) in the latest revision of Chapter 5 "Physiological Effects"
that contains such tables, in the "Air Pollution Abatement Manual" published by the Manufacturing
Chemists' Association, Inc., Washington, D.C., are hereby established as guides for the determination of
permissible concentration and amounts. The City may require detailed plans for the elimination of fumes
ases before the issuance of a Building Permit.
Section 135-080: 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
p""", 47 of?1
5 Amendede
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: SnlO 1
1 Amended: 1130/ll1
E_e9/5/1l0
City of Centerville Ord. #4
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 135-090: Air Pollution. Every activity shall conform to state regulations relating to air quality
standards and air pollution control.
Section 135-100: 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 135.110: Explosives. Any activity or operation requiring the use, storage or manUfacturing of
explosives shall be located no closer than five hundred (500) feet from any residence, provided further
that the location of said activity or operation is such that damage from explosion, including flying debris,
vibration or smoke, is limited to the site on which the activity or operation is permitted.
Section 135-120: 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 135-130: 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 135-140: 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 Dwellinas in the M-1 Districts:5
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
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
p""" 4R o-fT,
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Am",,_ snlOl
1 Amended; 1130/01
Effective 9/5/00
City ofCenterville Qrd. #4
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 followinQ items of personal property within 50' of
the shorelinedurinQ the months from September to Mav: docks. boat lifts. swim
rafts. slides. and other swimmina eQuipment.5
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 hearinQ before the Plannino and Zonina
Committee and the City Council.5 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 140: Surface Water Manaaement
rm 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
p~(J" 4Q "f71
5 Amended:
4 Amended; 2/19102
3 Amended; 9/4/01
2 Amended: snlOl
I Amended; 1130101
Effuctive 915100
City ofCentervil1e Ord. #4
Areas". These standard shall be applied to the review of any proposed development occurring to reduce
non-point source pollutant loadings in storm water runoff. .
Existing natural drainageways, natural water storage or retention areas, and vegetated soil surfaces
should be used to the greatest extent possible to store, filter and retain 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 manmade materials and
facilities. Development should be planned and conducted in a manner that will minimize the extent of
disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes.
Division 145: Wetland Protection and Manaaement
In accordance with the Wetlands Conservation Act of 1991, the following regulations shall apply to
wetland areas:
A. Permanent natural buffer areas and appropriate erosion control measures be taken
surrounding wetland areas to prevent sedimentation of the wetland; 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.
Po"" 'i0 of?,
Division 150: Woodland Preservation
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: 8n101
I Amended: 1130101
Effuctive 9/5100
City ofCenterville Ore!. #4
In residential areas, structures shall be located in such a manner that the maximum number of
woodlands shall be preserved. If large numbers of trees are cut in residential areas, trees shall be
replanted in a density and manner satisfactory to the City Council. Clear cutting of woodlands for non-
agricultural purposes is prohibited, unless the action involves a utility or roadway, required by the public,
and includes a reforestation plan required by the City Council.
Division 155: Erosion and Sedimentation Control
No land occupant or developer in the City shall cause or conduct any land disturbing activity which
causes excessive erosion or sedimentation, or which results in damage to water or soil resources. All
development in the City shall conform to the natural limitations presented by the topography and soil
types in order to minimize soil erosion and sedimentation. Erosion and sedimentation controls shall be
consistent with the MPCA's, UBest Management Practice".
Land disturbing activities shall occur in increments of workable size such that adequate erosion and
diment 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 160: Landscaping
Section 160-010: 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 Overstory Trees Foundation Plantings4
R-1 2 trees/unit/street frontaae 1 None
R-2, 4 & 5 2 trees/unit/ooen space exposure2 None
R-2A 8 trees plus 2 trees/unit3 None
B-1 8 trees or 1/3000 sq. ft. site areas 1/10 ft. building & parking
area
M-1 8 trees or 1/3000 sq. ft. site area!> 1/10 ft. building & parking
area
1-1 8 trees or 1/3000 sq. ft. site areas 1/10 ft. building & parking
area
P-1 8 trees or 1/3000 sq. ft. site areas 1/10 ft. building & parking
area
P~a~ :;;1 ()f7'~
5 Amended:
4 Amended: 2119102
3 Amended: 9/4/01
2 Amended: SnJ01
1 Amended: 1130/01
EfIective 9/5/00
City ofCenterville Ord #4
1 Trees shall be deciduous and planted at the boulevard, except on cul-de-
sacs where one of the required trees may be planted off the boulevard
but in the front yard area.
2 Trees shall be deciduous. Unit exposures with street frontage shall be
planted at the boulevard.
3 Tree spacing must include trees at the boulevard at minimum fifty (50)
foot intervals.
4 The calculation for the number of foundation plantings is based upon one
(1) planting for each lineal foot of building perimeter and parking lot
perimeter. Plantings may be grouped rather than dispersed at ten (10)
foot intervals.
5 The required number of trees is based upon a minimum of eight (8) trees
or one (1) tree per three thousand (3000) square feet of site area,
whichever is greater. Tree spacing must include trees at the boulevard
at minimum fifty (50) foot intervals.
Section 160-020: Minimum Standards.
A. averstoN 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. averstorv 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.
p~<>", 'i? ofTl
5 Amended:
4 Amended: 2119/02
3 Amended: 9/410]
2 Amended: SnlOl
1 Amended: 1130101
Effuctive 9/5/00
City ofCenterville Ord. #4
G. Warranty: All required landscape materials shall be warranted for growth for a
minimum of two (2) years after planting.
Division 165: ParkinQ ReQuirements/50ff..street Parking
Parking Requirements
The followino table illustrates the minimum number of park/nQ spaces required for various uses
permitted in the City. The City may modify minimumparkinq requirements in the M-1 District. as part
of the Site Plan Approval process, jf it is determined that the use is consistent with the purpose of the
district and street parkino is sufficient to accommodate the use5.
Uses
Minimum Parking Required
ResidentiaL..................................2/dwelling unit
Churches ...........................~......... 1/3 seats in largest assembly
Schools........................................ 1/classroom 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
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 are~5
Car Washes................................. 5/stacking per bay ,
Drive-Up Restaurants.................. 5 Stacking plus 1/3 seats
Off Street Parkina
When a build/no is enlarced, additional off-street parkino shall be required only with respect to the
additional usable floor area. Parkino spaces may be located on a lot other than that containinQ the
principal use with the approval of the City Council5.
Section 165-010: Change in Facilities. An off-street parking area shall not be changed to any other
us,e until equal facilities are provided elsewhere. No parking area used or designated in connection with
ilding in existence on the effective date of this ordinance shall be reduced to provide fewer than the
" no .Imum number of parking spaces required under this Ordinance.
Section 165-020: Off..street Parking and Loading Zones. No building shall be hereafter erected,
P"OP. <;, of7,
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: Sn/01
1 Amended: 1130/01
Effuctive 9/5/00
City ofCenterville Ord. #4
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 165-030: 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 165-040: 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).
$ection 165-050: Uses Not Mentioned. For any use not specifically mentioned in the schedule of off-
.treet parking and loading requirements, the number of spaces required should be that required for that
se named in the schedule which is determined by the Planning Commission to be most similar.
action 165-060: Spaces For Five or more Automobiles. Parking areas consisting of five or more
f-street parking spaces shall have individual spaces so marked and shall be so designed, maintained
Id regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or
ey and so that any vehicle may be parked and unparked without moving another.
ction 165-070: Improvement and Maintenance. Required parking and loading spaces, together
n driveways, aiSles, and other circulation areas, shall be improved in such a way as to provide a
able and dust-free surface. All parking and loading areas shaH provide for proper drainage of surface
er to prevent the drainage of such water onto adjacent properties or walkways. The owner of any
dng or loading area shall maintain the area in good condition without holes and free of all dust, trash,
other debris.
l
tion 165-080: Access. All off-street parking areas shall have access from driveways rather than
public streets, said driveway access shall be limited to twenty-four (24) feet in width at the public
t line.
I,
way and Parkina lot1mprovements
'..'
luired inr:!ress/earess points, drivewavs and parkinr:! areas shall be paved with asphalt, concrete,
p".,,, ~<l ofTl
5 Amende<1:
4 Amended: 2/19102
3 Amended: 9/4/0 1
2 AmendeQ snlOl
1 AmendeQ 1130/01
Effuctive 9/5/00
City ofCenterville Oni #4
pavers. cobblestone or similar material accordin!:! to minimum City specifications. excludino R-1 Districts.
Drivewavs may not exceed a twenty-four (24) foot width at the streetline.5
Division 170: Building Numbers
Section 170-010: Numbers Required. It shall be the duty of the owner, leaser, or occupant of every
house, industrial, commercial or other building to have proper house or building numbers either by
affixing to said building such numbers in metal, glass, plastic or other durable material. The numbers
shall not be less than six (6) inches in height, in a contrasting color to the base, and so placed to be
easily seen from the street.
Section 170-020: 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.
""vision 175: Sporting, Athletic, and Music Events
Sporting, athletic, and music concert events, as defined herein, shall be permitted by Special Use Permit
in the Residential Districts of the City of Centerville, subject to the folloWing requirements:
A. Sporting, athletic, or music events shall be defined as the conducting of such
events by individuals, non-profit or profit organizations, partnerships or
corporations wherein participants and/or patrons are charged an entry fee for the
right to participate in such event and/or compete for monetary or merchandise
prizes. Such events shall include, but not be limited to, softball, football, volleyball,
broomball, ice or field hockey, tennis, basketball tournaments, or outdoor music
concerts; and
B. Such activities shall be considered a Special Use within all Residential Districts of
the City and shall require a permit therefore. The City shall have the right to make
provisions in such permit for insuring public health and sanitation, traffic regulation,
noise and litter control and regulation on the number of events that may be
conducted on a specific site.
Division 180: Planned Unit Developments /PUDs)
Section 180-010: Objectives. To help encourage a more creative approach to the use of land,
lrtures from the Centerville Zoning Ordinance may be granted by the City Council in the form of
. .-. .ned Unit Development Districts to achieve:
Subd. 1:
A maximum choice of living environments by allowing a variety of
P""" 'i'i {)f71
Subd. 2:
Subd. 3:
Subd. 4:
Subd. 5:
. 5 Amended:
4 Amended: 2/19102
3 Amended; 9/4/0]
2 Amended; sn!Ol
1 Amended; 1/30/01
Ell<ctive 9/5/00
City ofCenterville Ord. f#.4
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; an~ .
A development pattern in harmony with land use density;
transportation facilities, and community facilities objectives of the
comprehensive plan.
Section 180-020: General Requirements. A special use permit shall be required of all Planned Unit
Developments. The City may approve the PUD only if it finds the development satisfies all the following
standards:
Subd.1:
Subd. 2:
Subd. 3:
Subd. 4:
Subd. 5:
The development shall be p1anllec;l. so that it is consistent with the
Centerville Comprehensive Plal1;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
Each phase of the proposed development, as it is proposed to be
completed, is of sufficient size, composition, and arrangementthat its
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5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: smo 1
I Amended: 1130101
Effective 9/5/00
City ofCentervi1le Ord. #4
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 linder the Subdivision Ordinance shall be carried
out simultaneously with the review of a PUD under this section of the
Zoning Ordinance.
Section 180-030: 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 180-040: 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 180-050: Minimum Size. A PUD shall consist of at least ten (10) acres.
.....ction 180-060; Minimum lot Size. The minimum lot size requirements of other sections of this
Ordinance do not apply to a PUD except that the minimum lot size requirements of the underlying zone
shall serve as a general guideline to determine the maximum dwelling unit density of the total
p,,,,,, ..7 "f7"~
development.
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amen_ snlOl
1 Amended: 1/30/0 I
Efrective 9/5/00
City ofCenterville Ord. #4
Section 180-070: 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 180-080: Access to Public Right-of-Way. The site of a PUD shall abut, and the major internal
street or streets serving the PUD shall be connected to, at least one primary arterial, or neighborhood
collector street.
. Section 180-090: Utility Requirements. Utilities, including telephone and electrical systems, installed
within a PUD shall be placed underground. Utility appurtenances, which can be effectively screened,
may be excepted from this requirement if the City finds that such exception will be consistent with the
objectives of this article and the character of the proposed PUD.
Section 180-100: 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 180-110: 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 180-120: Arrangement of Commercial Uses. When a PUD includes commercial uses,
commercial buildings shall be planned as groups having common parking areas and common ingress
and egress points. Each commercial area shall be separated from abutting residential areas by
appropriate screens or fences. The design of commercial areas shall provide for the integrated and
harmonious design of buildings and for adequate and properly arranged facilities for internal traffic,
circulation, landscaping, and such other features and facilities as may be necessary to make the areas
attractive and efficient from the standpoint of adjacent non-commercial areas. Any area which is not to
be immediately improved or developed shall be landscaped or otherwise maintained in a neat and
orderly manner as specified by the City.
Section 180-130: Arrangement of Industrial Uses. In any PUD including industrial uses, the industrial
uses shall be provided in park-like surroundings utilizing landscaping and existing woodlands as buffers
to screen lighting, parking areas, loading areas and outdoor storage of raw materials or products. An
industrial area in a PUD shall provide for the harmonious design of buildings and a compact grouping in
order to economize in the provisions of required utility services. Streets in a planned industrial area
shall be kept to a minimum in order to reduce traffic. All spaces between the right-of-way line and the
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4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: smol
I Amended: 113010 1
E_.9/5/00
City ofCenterville Ord #4
industrial building line and alt intervening spaces between buildings, drives, parking areas, and improved
areas shall be landscaped with trees and plantings and properly maintained.
Section 180-140: Procedure.
Pre-Application Meeting. Before submitting a formal application for a PUD under 55.03, the developer
shall meet with the Planning and Zoning Commission. The purpose of this meeting is to discuss early
and informally the purpose and effect ofthis 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 180-150: 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 fOf 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
"esolution of the City Council. The application with accompanying Outline Development Plan shall be
Ibmitled in twelve (1~ 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 fakes; 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
p~(]"" 'iQ ofTl
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 1
2 Amended: snlOl
1 Amended: 1130101
Elfuctive 9/5100
City ofCenterville Ord. #4
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
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
$eetieh 51 Division 806. .
Section 180-160: Actions.
Subd.1
By Commission. Within sixty (60) days of the filing. of the application, the
Planning and Zoning. Commission shall hold a Public Hearing on the
proposed PUD following written and published notice as required for
amendments of the ordinance. Following such hearing and within sixty (60)
days of the filing of the application or at a later time agreed to by the
applicant, the Planning and Zoning Commission shall recommend approval
or disapproval of the preliminary proposal with such changes and conditions
as it may suggest and shall transmit its recommendations to the City Council.
In its recommendations the Commission shall determine whether the
P""f': tiO of71
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: snlOl
1 Amended: 1130101
Efrective 9/5/00
City ofCenterville Onl #4
proposed PUD is consistent with the objectives for PUDs specified in Section
51 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.
Subd 2.
By Council. Upon receipt of the recommendations of the Planning and
Zoning Commission, the Council shall consider the application and, after
holding such public hearing as it deems desirable, shall approve or
disapprove the application with such changes or conditions, it any, as it may
deem appropriate. Refusal of any changes or conditions shall constitute
denial of the plans by the City Council. Failure of the land owner to notify
the City Council of his acceptance or refusal of the modification to the plan
constitute acceptance of these conditions. No Building Permits may be
issued on land within the PUD until final plans for the development have
been approved by the City Council under the procedures provided in
following sections.
i:>>ection 180-170: PUD Agreement. The Zoning Administrator shall instruct the Oity Attorney to draw
up a PUD Agreement which stipulates the specific terms and conditions approved by the City Council
and accepted by the applicant. This agreement shall be signed by the Mayor of the City of Centerville,
Clerk/Administrator and the applicant within thirty (30) days of the City Council approval of the PUD
application and final plat. Where the PUD application and/or final plat is to be resubmitted or denied
approval, the City Council action shall be by written report setting forth the reasons for its actions.
Section 180-180: 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 180-190: 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
p~"" 1'>1 of7,
,
L__
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: snlOl
1 Amended: 1130101
Effuctive 9/5/00
City ofCenterville Ord. #4
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.
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 ofthe 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 180-200: 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
PRO''' nJ. of?1
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: SnlOl
1 Amended: 1130101
E:frective 915/00
City of CentervilIe Ord. #4
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 confonmance 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 PlaARiA!1l aRe!
ilSRiA!1l CSR'lR'lissisR Zonina 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
2. The applicant may re-fiIe 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
p""", Ii, of?,
~ Amended:
4 Amendett 2119/02
3 Amended: 9/4/01
2 Amended: 8n/Ol
1 Amended: 1/30/01
E_.9/5/00
City ofCenterv:tl1e Ord. #4
(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 180-210: 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.
SOt!ti9R 180 220: ..~..RRY21 Re"/i8VJ~ Tt,;)e PlaARiA8 ~A9 ZSRiAS ('sm~i€siGFI ~hall F8ViS'A$all PLIO giEtFiGts
~lJitRiR tR8 City at least SRCS BaGR. year aRd 81:1311 make a rapeR ts tt:Je City CswRsil SR tAB statws sf t~e
se'/slepmeRt if} SaGR aftRs pyg Distriets. Iftf:1B City CewF-lsil fiAQS tRat el8~.{elepmeRt R:aS Ret esswrroGf
\a}itt;;)iR a Fe9seRa13le time after ttxle erisiFlal a~J6lr9vat tRs City CeblRsil may iRStFLIst tRe PlaRAiR~ aRs
ZSRiRg CeFRFRissioR tG iRitiate re29RiRg te tR9 erisiRal ZeRiRS DistRGt by reFRS~JiRg tRe pyg OistF-ist tRim
tRe QffiGialleRiRll Map.s .
Section 180-23tO: 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 180-24!50: 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
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5 Amended:
4 Amended, 2119/02
3 AmendOO, 9/4101
2 Amende<t snJm
1 Amended, 1130101
Elfuctive 9/S/00
City ofCenterville Qrd, #4
intent and purpose of the final plan and do not increase the cube of any building or
structure by more than ten (10) percent; and
B. Changes in the use of common open space or the replacement of any building
substantially destroyed which exceeds the intent and purposes of the Final
Development Plan may be authorized only by amendment to the final development.
Section 180-254$0: 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 180-2i550: 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 ofthe Building Permits
;"sued for the planned development and examine the construction, which has taken place on the site. If
{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 180-2U50: Maintenance of Common Open Space. AI/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 tinal 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 180-28750: 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 oW!1ed in COmmon including such items as roads, recreation
facilities, parking common open space ground, and utilities.
p""" fi'i ()F7"~
5 Amended:
4 Amended: 2/19102
3 Amended: 9{~{01
2 Amended: 8nfOl
1 Amended: 1130101
Efiective 9/5/00
City ofCenterville Ord. #4
Division 185: Variances
Standards
The Planning Commission shall recommend a Variance and the Council shall order the issuance of such
Variance only if it conforms to the following standards:
A. Special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and do not result from the actions of the petitioner; and
B. Literal interpretation of the provisions of this Ordinance would deprive the petitioner
of rights commonly enjoyed by other properties in the same district under the terms
of this Ordinance; and
C. Granting the Variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, structures, or buildings in
.. the same district; and
D. The proposed Variance will not impair an adequate supply of light and air to
adjacent property, or unreasonably diminish or impair established property values
within the surrounding area, or in any other respect impair the public health, safety,
or welfare of the residents of the city; and .
E. Any person filing a petition requesting a variance or an amendment of the Zoning
Ordinance rezoning property or changing regulations within any use district shall
pay a fee according to the Schedule established by resolution of the City Council.
The fee is payable at the time of filing a Petition and is not refundable.
Section 185-010: Board of Appeals and Adjustments. The Planning and Zoning Commission shall
act as the Board of Appeals and Adjustments and shall have the power to hear and 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 Oistrictboundaries;
and .
8. 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 185-020: Variance Procedures
p"",,, fifi "fTI
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: m/o I
I Amended: 1130/01
Effi:ctive 9/5/00
City ofCenterville Ord. #4
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 for a public hearing. Notice
of the hearing shall be posted and published at least ten (10) days prior to the date
of the hearing, and notice shall be mailed to each property owner within three
hundred fifty (350) feet of the property to which the Variance relates. Defects in the
notice or failure to notify individual property owners shall not validate the
proceedings, provided a good faith effort was made to comply with these provisions.
D. Upon the hearing request, the Board of Appeals and Adjustments shall either
recommend approval or denial for the Variance and shall state the reasons for said
action. Conditions for approval may be attached to any Variance granted.
E. Upon receipt of the recommendations 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
1>~0"" (;7 "f71
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 1
2 Amended: snlOI
1 Amended: 1/30/01
EJrective9/5/00
City ofCentennlle Oed #4
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 of the
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 185-030: Variance Appeal Procedures.
A. Within thirty (30) days of the action of the Board of Appeals and Adjustments, the
applicant or an affected property owner may file an appeal to the City Council to the
decision of the Board of Appeals and Adjustments. The City Council shall set a
date for a public hearing, within forty-five (45) days of receipt of the appeal, to
consider granting or denying the variance request.
B. The City Council shaH 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
p~o-" /ill "f71
5 Amende<t
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: smo 1
1 Amended: 1130101
Effective 9/5/00
City ofCenterville Ord. #4
proceedings in furtherance of the action appealed from unless the Zoning
Administrator certifies to the Council that by reason offacts stated in the certificate
a stay would, in his opinion, cause imminent peril to life or property. In that case
the proceedings shall not be stayed otherwise than by a restraining order granted
by a court of competent jurisdiction. The Council shall at its next regular meeting
after the filing of an Appeal to it from a decision of the board set a date for hearing
thereon, which shall be not 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 190: Interim Uses
Section 190-010: 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
oerformance standards that protect the public health, safety and welfare.
.-;)ection 190-020: 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 aElstiElR 7.0a Division #1955 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 190-030: Termination. All Interim Use Permits shall terminate on the happening of any of the
following events, whichever first occurs:
A. The date stated on the permit.
B. Upon violation of the condition under which the permit was issued.
C. Upon change in the City's zoning regulations that renders the use non-
conforming.
Section 190-040: 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
.' "I be included in an interim use permit agreement.
Section 190-050: 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
p~o-" I\q "f7Q
L
5 Amended:
4 Amended: 2/19/02
3 Amended: 914/01
2 Amended: smol
1 Amended: 1/30101
Eflective 9/5/00
City ofCenterville-Otd. #4
approval, to protect the value of other property, and to achieve the goals and objectives of the
Comprehensive Plan.
Division 195: 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 heating shall be posted and pUblished
at leastten (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 200: Special Use Permits
Section 200-010: Procedure. A Special Use Permit may be issued in accordance with this Section for
any use or purpose for which such permits are required or permitted by this ordinance. Application for a
special use permit shall be made by the owner to the Planning Commission on a form prescribed by the
Commission and accompanied by such other information as required by rules of the Commission. The
Planning Commission may hold such hearings on the proposal to issue a special use permit as it
considers necessary and it shatt 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.
1>~0"" 70 ()f7'~
5 Amended:
4 Amended: 2/19/02
3 Amended; 9/4/0 1
2 Amended: snlO 1
1 Amended: 113010 1
Effi:ctive 9/5/00
City ofCenteml1e Ord. #4
Section 200-020: 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 200-030: Denial for Non-Compliance. Ifthe 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 200-040: Conditions. In recommending or approving any Special Use Permit, the Planning
and Zoning Commission and the Council may impose conditions which it considers necessary to meet
the standards of this Ordinance and to protect the best interests ofthe surrounding area or the city as a
whole. Violation of any such condition is a violation of this Ordinance.
,ction 200-050: 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 200-060: Fees. Any person requesting a Special Use Permit shall pay a fee according to the
Schedule established by resolution of the City Council. The fee is payable at the time of filing the
application and is not refundable.
Division 205: 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 orfails 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.
Selltisn 211li gill: Rasp9Rsibilif?{ sf City CleF!<. Issl.le llwilsiAg l'leFmits ClREI eelleGt tRe fees as
BstallliEl:l9S by FElselwtiGR sf tRQ City CGWRsil.
^
. .,
MaiRtaiR j;'l9FmaR9Rt afls G1::IrrSf'lt n~6erds pertaiRiA~ te tHis OrSiR8RG8, iASIl:JsiRg srblt
Fist limited ts; Mal3s, AR:teAement~, apssiallJSQsJ '3ariaAses, .^~raeals, PYQs, ana
al'lplisatisRS tl:lerefere.
P""... 71 of 7"J.
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: SnfOI
1 Amended: 1130/01
Effective 915/00
City ofCenterville Ord #4
Q. ReGei\'9, file, aRO f.er-w:arEl apJ3lisatieRt fer .\ppealtl \<3FiaAoos, ~PQsial Use Permits,
Sf etRer setiGR fa tRe apprnpri4te a#ieial Dedios.
C. Pre~:iele slerie:al atsittaRG8 te tRe 882r9.
SeetioFl 201i 020: RespoFlsi~iIi&y of ti:le EluildiAg InspeGter. TRe Elllilt:liAlllRSJl86tsr GRail Be !liveR tA8
3b1ttxlerit}M aRe mspsRtibility te QRmfQ8 flU sf t~e prsv:sioRS sf tRis ergiRGlRS8 3RE;j st=l:all:
o.
A
~ '.
mRmrS8 iRe mql:JiremeRts af t~i€ Or€liRaRse ror iwilaiA9 :aRS OSGWpaASY PSFFAits
eRg iSSWQ sr aeRY eaSR apraliGatieR iR aSGBF6IaRs9 '.\.itR tR8 pre\'isi9AS sf tRis
OraiR9Rse.
8.
C9RSblGt iRSp9GtiQAS sf BwHEJiR8s aRd t~B blse sf laRg te GtetermiR8 SQmpliaASe ~.':itR
tAg tefR=l€ sf tRis OFEfiREtRC8.
c.
M:ake FSS9FRRlGRe:atieRS t9 tt-lB CewAeil SR tRB iRstitwtiGR af 813J3repri3te aGtieR~ er
prGGSegiRgs fer eRfeFS19msRt efthis OmiReRGB SR AmeR9R=1BRts, aRs 8A 8RY etf;1er
mattsFS relatiRS tEl tAe l'lRWrSsmeRt sf tRie Or€liRaRse.
IiRferGGment Reme~ies. fR Gase QRY fa&JilaiR8, stFl::Istwrta, Sf faR" is, Sf is J3fep€lSeGl
is se gr.esteel, eSRstrwste8, f9GQRstr1:lGtGa, alt8re9, s9RvsFteu, maiRt3iFlS9 Sf wsee iR
vielatisR gf tt.lis Oi=SiR4AQ9, the City CeI:lFlGiI, iR 2Efditi9R te ether r-emeaies, may
iR€titwte in tR9 R::lmB sf CeRterviHe :lAY apprepFi3tQ astisFl er pTesGeaiRgs te
pm~:eRt, festw.iR, geH96t Sf aBate S-YG~ Bwih;fiRi strwstwFe af laRa, Sf te JarS\M9Rt, iR
Sf abewt SYS~ JiH9mises, aRY 3€t, G8FlQWGt, b\;lsiR8t~ er idse GQRstitl::ltiRfi) 2 vielatieR.5
Division 210: Fees and Licensin!:l
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 offees and out of pocket expenses incurred in the review of proposed actions prior
to taking final action.
Division 215: 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)
1>~"" 7? of 71
Mayor Tom Wilharber
(Sianature 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.
< 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:
Published in the Quad Community Press on
p~"" 7, of7,
S Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: Snto 1
1 Amended: 1130/01
Efrective 9/5/00
City ofCenterville Ord. #4
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City ofCenterville
PIamring & Zooing Minutes
May 7, 2002
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
MAY 7, 2002
Pursuant to due call and notice thereof; the Planning and Zoning Commission held their regularly
scheduled meeting on May 7, 2002, at 6:30 p.rn.
PRESENT:
John McLean
Ray DeVine
Tom Wilharber d
~d ioi~e:nbrecht jA\ ,p.. ffI(giVlfl ,p~
Bnan Hanson N" @~. Jts& ~QE ;.' IfJ ' "
t,\! ~ 0 ;<., : F .. ~
~" ~ ,f r '& -
~ :if 1 ~
None. . ,
ABSENT:
COUNCIL:
Council Member Travis
STAFF:
City Administrator Kim Moore-Sykes
I. CALL TO ORDER
I. Roll Call
The meeting was called to order at 6:30 p.rn.
n. PUBLIC HEARING(S)
I. Tracv Tratar. 1710 Pehier Lake Drive - Variance/G~e
Chair Hanson opened the public hearing at 6:33 p.rn.
Mr. Tratar indicated he has received calls in support of his variance request and no
negative input.
Ms. Moore-Sykes indicated she had received two letters in support of the variance
request and no negative comments.
Council Member Travis arrived at 6:35 p.rn.
Mrs. Tratar asked if they would need a permit for the fence.
Chair Hanson indicated the City has recently begun requiring a zoning permit for fences.
Page 1 of4
Corrmrissioner DeVine explained the zoning permit is to help ensure that the fence is
located properly and does not encroach into the setbacks.
Motion bv Commissioner DeVine. seconded bv Commissioner Wilharber to close
the public hearin!!:. AU in favor. Motion carried unanimousIv.
Ms. Moore-Sykes reviewed the variance requirements from her staff report analysis.
Motion bv Commissioner DeVine. seconded bv Commissioner Wilharber to
recommend to Council approval of the variance request based on the
recommendation of Staff as to hardship to allow the construction of a l!ara!!:e at 1710
Peltier Lake Drive. All in favor. Motion carried unanimousIv.
Chair Hanson closed the public hearing at 6:40 p.m.
2. Ordinance #8
Chair Hanson opened the public hearing at 6:46 p.rn.
Ms. Moore-Sykes explained the Ordinance had been amended to reflect the requirement
of a letter of credit because until now the City has been requiring a letter of credit in the
developer's agreement but the ordinance does not require it.
Motion bv Commissioner DeVine. seconded bv Commissioner Wilharber to close
the public hearinl!. All in favor. Motion carried unanimousIv.
Chair Hanson closed the public hearing at 6:48 p.m.
Motion bv Commissioner McLean. seconded by Commissioner Kilian to
recommend to Council approval of the amendment to Ordinance #8. All in favor.
Motion carried unanimousIv.
III. APPEARANCES
None.
IV. OLD BUSINESS
None.
V. NEW BUSINESS
I. Joint Meetirul: with Council (NEMO)
Page 2 of 4
Ms. Moore-Sykes explained NEMO to the Commission and asked for approval to
schedule a joint CounciI!Planning Commission meeting for the training.
Consensus was reached to schedule the joint meeting at the next Planning and Zoning
Commission meeting.
VI. DISCUSSION ITEMS
The Commission discussed Ordinance #71 and detennined that more research was
needed. The Commission then asked Staff to provide copies of ordinances from other
cities as a reference.
Commissioner DeVine expressed concern with the City regulating the industry and said
he would prefer if the County or State did so because both have rules and regulations set
up for that.
The Commission discussed Ordinance #70 and determined that more research was
needed. The Commission then asked Staff to provide copies of ordinances from other
cities as a reference.
Chair Hanson suggested adding a reference to the adult oriented businesses ordinance.
The Commission determined that references for the business need not be in Anoka
County and asked that all references to Anoka County be removed.
Commissioner Wilharber suggested checking with the police department because the City
would be adding to their workload by making the proposed changes to the ordinance.
The Commission requested that the business owners be invited to the discussion on the
ordinance changes and said it would be helpful to handle the discussion in a worksession
format around tables rather than at the dais.
The Commission agreed that regular inspections should be removed from the ordinance
and enforcement or inspection be based upon complaint.
Commissioner De Vine said he does not think the City needs to regulate the businesses as
long as the County does so.
Chair Hanson said he felt it was necessary for the City to license the businesses in order
to provide a way to be able to remove any that violate the requirements of licensing or the
ordinance.
Chair Hanson suggested adding a requirement that all state and federal laws be complied
with which would mean the City would have the right to shut down any business that is
not complying because that is a requirement for licensing.
Page 3 of 4
Chair Hanson asked that the section on certificate of accreditation be removed. He then
said he is interested in regulating the use not the individuals.
Commissioner W1lharber connnented that the City does not license home based
businesses. He also connnented that home based businesses do take away from the
commercial tax base of the City.
Commissioner Helmbrecht asked that the right of way ordinance be placed on the next
agenda.
vn. CONSIDERATION OF MINUTES
1. April 2, 2002 Planning and Zoning Meeting Minutes
Motion by Commissioner DeVine. seconded by Commissioner Kilian to approve the
April 2. 2002 Meetinl!. Minutes as presented. An in favor. Motion carried
unanimously.
vrn. ADJOURNMENT
Motion bv Commissioner Wilharber. seconded bv Commissioner DeVine to adiourn
the May 7. 2002 Planninl!. Commission Meetinl!. at 8:00 p.m. All in favor. Motion
carried unanimously.
Transcnbed by:
Joan Lenzmeier, Recording Secretary
TimeSaver OjfSite Secretarial, Inc.
Page 4 of 4
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